What’s the difference between those psychological posits that are ‘me” and those that are not? Distinguishing between these psychological kinds is important in many domains, but an account of what the distinction consists in is challenging. I argue for Psychological Constructionism: those psychological posits that correspond to the kinds within folk psychology are personal, and those that don’t, aren’t. I suggest that only constructionism can answer a fundamental challenge in characterizing the personal level – the plurality problem. The things that (...) plausibly qualify as personal are motley. Other attempts at accounting for the personal level either cannot accommodate this plurality, or cannot explain what unifies the personal. Given arguments others have given for a pluralistic conception of folk psychology, constructionism explains and predicts this plurality in a systematic and unified way, thereby solving the plurality problem. (shrink)

Philosophical suspicions about the place of shame in the psychology of the mature moral agent are in tension with the commonplace assumption that to call a person shameless purports to mark a fault, arguably a moral fault. I shift philosophical suspicions away from shame and toward its absence in the shameless by focusing attention on phenomena of shamelessness. In redirecting our attention, I clarify the nature of the failing to which ascriptions of shamelessness might refer and defend the thought that, (...) as an evasion of moral self-censure, shamelessness can be morally pernicious. Far from foregoing shame, I conclude, we should be mindful of its moral importance and unapologetic in its defense. (shrink)

1 Some philosophers defend the thesis that women are adult human females. Call this the adult human female thesis (AHF). There are two versions of this thesis—one modal and one definitional. Accord...

This chapter wades into the growing discussion surrounding embodied cognition and predictive processing. After surveying a recent debate between Jakob Hohwy and Andy Clark, it articulates two outstanding issues facing discussions of compatibility. It argues that headway on these issues can be made by drawing on the resources of philosophy of science.

When we look around us, some things look “alive,” others do not. What is it to “look alive”—to perceive animacy? Empirical work supports the view that animacy is genuinely perceptual. We should construe perception of animacy as perception of agents and behavior. This proposal explains how static and dynamic animacy cues relate, and explains how animacy perception relates to social cognition more broadly. Animacy perception draws attention to objects that are apt to be well‐understood folk psychologically, enabling us to marshal (...) our folk psychological resources efficiently. (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)

How do we know about other minds on the basis of perception? The two most common answers to this question are that we literally perceive others’ mental states, or that we infer their mental states on the basis of perceiving something else. In this paper, I argue for a different answer. On my view, we don’t perceive mental states, and yet perceptual experiences often immediately justify mental state attributions. In a slogan: other minds are neither seen nor inferred. I argue (...) that this view offers the best explanation of our deeply equivocal intuitions about perception-based mental state attributions, and also holds substantial interest for the epistemology of perception more generally. (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)

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)

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)

Quilty-Dunn et al. argue that deep convolutional neural networks (DCNNs) optimized for image classification exemplify structural disanalogies to human vision. A different kind of artificial vision – found in reinforcement-learning agents navigating artificial three-dimensional environments – can be expected to be more human-like. Recent work suggests that language-like representations substantially improves these agents’ performance, lending some indirect support to the language-of-thought hypothesis (LoTH).

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)

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 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)

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)

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 this article, I discuss what motivated reasoning research tells us about the prospects for deliberative democracy. In section I, I introduce the results of several political psychology studies examining the problematic affective and cognitive processing of political information by individuals in nondeliberative, experimental environments. This is useful because these studies are often neglected in political philosophy literature. Section II has three stages. First, I sketch how the study results from section I question the practical viability of deliberative democracy. Second, (...) I briefly present the results of three empirical studies of political deliberation that can be interpreted to counter the findings of the studies in section I. Third, I show why this is a misinterpretation and that the study results from section I mean that it is implausible that sites of political deliberation would naturally emerge from the wide public sphere and coalesce into institutionalized forms of the practice such that deliberative democracy can satisfy its raison d’être. Finally, in section III, I conclude that viable conceptions of deliberative democracy should be limited to narrower aims. (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 analyzes the proposed use of combinatorial derivatives markets for event prediction, especially for catastrophic events such as terrorism, war, or political assasination. Following a presentation of the philosophical principles underlying these politico-economic tools, I examine case studies (U.S. DoD proposals) that evaluate their advantages and disadvantages in terms of both efficacy and moral considerations. I conclude that these markets are both fatally flawed due to internal conceptual contradictions and morally problematic.

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)

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)

This interdisciplinary paper identifies principles of an affluent country (im)migration policy that avoids: (1) the positivist inclusion/exclusion mechanism of liberalism and communitarianism; and (2) the idealism of most cosmopolitan (im)migration theories. First, I: (a) critique the failure of liberalism and communitarianism to consider (im)migration under distributive justice; and (b) present cosmopolitan (im)migration approaches as a promising alternative. This paper’s central claim is that cosmopolitan (im)migration theory can determine normative shortcomings in (im)migration policy by coupling elements of Frankfurt School methodology to (...) case studies of (im)migration regimes. Lastly, I apply this analytical procedure to recent special changes in Spanish and UK immigration law. (shrink)

We often have some reason to do actions insofar as they promote outcomes or states of affairs, such as the satisfaction of a desire. But what is it to promote an outcome? I defend a new version of 'probabilism about promotion'. According to Minimal Probabilistic Promotion, we promote some outcome when we make that outcome more likely than it would have been if we had done something (anything) else. This makes promotion easy and reasons cheap.

This paper presents the history of the Frankfurt School’s inclusion of normative concerns in social science research programs during the period 1930-1955. After examining the relevant methodology, I present a model of how such a program could look today. I argue that such an approach is both valuable to contemporary social science programs and overlooked by current philosophers and social scientists.

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)

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.

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)

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)

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)

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)

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)

There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...) the rule of law seems expendable—began many years after 9/11 and continues to this day. One way to describe this book is an examination of the moral limits on modern police practices that flow from the basic legal and political tenets of the liberal tradition. The central argument is that policing in liberal states is constrained by a liberal conception of persons coupled with particular rule of law principles. Part I consists of three chapters that constitute the book’s theoretical foundation, including an overview of the police’s law enforcement role in the liberal polity and a methodology for evaluating that role. Part II consists of three chapters that address applications of the theory, including the police’s use of informants, deceptive operations, and surveillance. The upshot is that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. The book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism and the limits imposed by those tenets. [This is an uncorrected draft of the book's preface and introduction, forthcoming from Oxford University Press.]. (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)

It is common to think that clarity is an essential ingredient of good teaching, meaning, in part, that good teachers always make it as easy as possible to follow what they say. We disagree. What we argue is that there are cases in which a philosophy teacher needs to forego clarity, making strategic use of obscurity in the undergraduate classroom.

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)

The assumption that psychological states and processes are computational in character pervades much of cognitive science, what many call the computational theory of mind. In addition to occupying a central place in cognitive science, the computational theory of mind has also had a second life supporting “individualism”, the view that psychological states should be taxonomized so as to supervene only on the intrinsic, physical properties of individuals. One response to individualism has been to raise the prospect of “wide computational systems”, (...) in which some computational units are instantiated outside the individual. “Wide computationalism” attempts to sever the link between individualism and computational psychology by enlarging the concept of computation. However, in spite of its potential interest to cognitive science, wide computationalism has received little attention in philosophy of mind and cognitive science. This paper aims to revisit the prospect of wide computationalism. It is argued that by appropriating a mechanistic conception of computation wide computationalism can overcome several issues that plague initial formulations. The aim is to show that cognitive science has overlooked an important and viable option in computational psychology. The paper marshals empirical support and responds to possible objections. (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)

‘Radical enactivism’ (Hutto and Myin 2013, 2017) eschews representational content for all ‘basic’ mental activities. Critics have argued that this view cannot make sense of the workings of the imagination. In their recent book (2017), Hutto and Myin respond to these critics, arguing that some imaginings can be understood without attributing them any representational content. Their response relies on the claim that a system can exploit a structural isomorphism between two things without either of those things being a semantically evaluable (...) representation of the other. I argue that even if this claim is granted, there remains a problem for radically enactive accounts of imagining, namely that the active establishing and maintenance of a structural isomorphism seems to require representational content even if the exploitation of such an isomorphism, when established, does not. (shrink)

This chapter offers an overview and analysis of policing, the area of criminal justice associated primarily with law enforcement. The study of policing spans a variety of disciplines, including criminology, law, philosophy, politics, and psychology, among other fields. Although research on policing is broad in scope, it has become an especially notable area of study in contemporary legal and social philosophy given recent police controversies.

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 explores what the epistemic account of vagueness means for theories of legal interpretation. The thesis of epistemicism is that vague statements are true or false even though it is impossible to know which. I argue that if epistemicism is accepted within the domain of the law, then the following three conditions must be satisfied: Interpretative reasoning within the law must adhere to the principle of bivalence and the law of excluded middle, interpretative reasoning within the law must construe (...) vague statements as an epistemic phenomenon, and epistemicism must be expanded to include normative considerations in order to account for legal theories that are consistent with the first two conditions. The first two conditions are internal to a particular theory of legal interpretation, while the third condition is external to a particular theory of legal interpretation. My conclusion shows that there are legal theories that are internally consistent with the fundamental features of epistemicism. However, within the domain of law—and specifically in the case of legal theories that are internally consistent with epistemicism—I show that vagueness cannot be explained simply by our ignorance of the meaning and use of vague expressions. Rather, epistemicism must also account for ignorance of the requisite normative considerations in legal theories with which it is otherwise consistent. (shrink)

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)

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)

The psychology and phenomenology of our knowledge of other minds is not well captured either by describing it simply as perception, nor by describing it simply as inference. A better description, I argue, is that our knowledge of other minds involves both through ‘perceptual co-presentation’, in which we experience objects as having aspects that are not revealed. This allows us to say that we perceive other minds, but perceive them as private, i.e. imperceptible, just as we routinely perceive aspects of (...) physical objects as unperceived. I discuss existing versions of this idea, particularly Joel Smith’s, on which it is taken to imply that our knowledge of other minds is, in these cases, perceptual and not inferential. Against this, I argue that perceptual co-presentation in general, and mind-perception in particular, yields knowledge that is simultaneously both perceptual and inferential. (shrink)

Essay on police legitimacy through public reason and community policing.

The phenomenon of medical overtesting in general, and specifically in the emergency room, is well-known and regarded as harmful to both the patient and the healthcare system. Although the implications of this problem raise myriad ethical concerns, this paper explores the extent to which overtesting might mitigate race-based health inequalities. Given that medical malpractice and error greatly increase when the patients belong to a racial minority, it is no surprise that the mortality rate similarly increases in proportion to white patients. (...) For these populations, an environment that emphasizes medical overtesting may well be the desirable medical environment until care evens out among races and ethnicities; additionally, efforts to lower overtesting in conjunction with a high rate of racist medical mythology may cause harm by lower testing when it is actually warranted. Furthermore, medical overtesting may help to assuage racial distrust. This paper ultimately concludes that an environment of medical overtesting may be less pernicious than the alternative. (shrink)