Intellectual property (IP) can internalize positive externalities associated with the creation and discovery of ideas, thereby increasing investment in efforts to create and discover ideas. However, IP law also causes negative externalities. Strict IP rights raise the transaction costs associated with consuming and building on existing ideas. This causes a tragedy of the anticommons, in which valuable resources are underused and underdeveloped. By disincentivizing creative projects that build on existing ideas, IP protection, even if it increases original innovation, can inadvertently (...) reduce the rate of iterative innovation. The net effect of IP law on innovation and welfare depends on the relative magnitude of these positive and negative externalities. We argue that the current regime probably suffers from excessive, and excessively rigid, IP protection. This motivates the search for institutional alternatives and complements. We suggest that a monocentric IP rights regime may not be the only, or the most efficient, way to internalize the positive externalities of innovation. The knowledge economy supports the emergence of diverse, polycentric forms of bottom-up self-governance, both market and community led, that entail the citizen coproduction of the norms and practices of intellectual creation and discovery. (shrink)

Epistemic trespassers judge matters outside their field of expertise. Trespassing is ubiquitous in this age of interdisciplinary research and recognizing this will require us to be more intellectually modest.

This article evaluates an emerging element in popular debate and inquiry: DYOR. (Haven’t heard of the acronym? Then Do Your Own Research.) The slogan is flexible and versatile. It is used frequently on social media platforms about topics from medical science to financial investing to conspiracy theories. Using conceptual and empirical resources drawn from philosophy and psychology, we examine key questions about the slogan’s operation in human cognition and epistemic culture.

Pensare in modo critico sull'aborto: Perché la maggior parte degli aborti non sono moralmente sbagliati; Perché tutti gli aborti dovrebbero essere legali: "Thinking Critically About Abortion" in Italian.

An expanded and more candid version of the author’s autobiographical “My Philosophical Education”.

Although Professor Schiffer and I have many times disagreed, I share his deep and abiding commitment to argument as a primary philosophical tool. Regretting any communication failure that has occurred, I endeavor here to make clearer my earlier reply in “Illogical Belief” to Schiffer’s alleged problem for my version of Millianism.1 I shall be skeletal, however; the interested reader is encouraged to turn to “Illogical Belief” for detail and elaboration. I have argued that to bear a propositional attitude de re (...) is to bear that attitude toward the corresponding singular proposition, no more and no less. If this is right, then according to Millianism every instance of the following modal schema is true. (shrink)

Nathan Salmon; XII*—How to Measure the Standard Metre, Proceedings of the Aristotelian Society, Volume 88, Issue 1, 1 June 1988, Pages 193–218.

In recent years there has been an explosion of philosophical work on blame. Much of this work has focused on explicating the nature of blame or on examining the norms that govern it, and the primary motivation for theorizing about blame seems to derive from blame’s tight connection to responsibility. However, very little philosophical attention has been given to praise and its attendant practices. In this paper, I identify three possible explanations for this lack of attention. My goal is to (...) show that each of these lines of thought is mistaken and to argue that praise is deserving of careful, independent analysis by philosophers interested in theorizing about responsibility. (shrink)

The dogma that the propositional logic of metaphysical modality is S5 is rebutted. The author exposes fallacies in standard arguments supporting S5, arguing that propositional metaphysical modal logic is weaker even than both S4 and B, and is instead the minimal and weak metaphysical-modal logic T.

The Counterfactual Comparative Account of Harm says that an event is overall harmful for someone if and only if it makes her worse off than she otherwise would have been. I defend this account from two common objections.

The paper focuses on a series of short texts written by Ksenija Atanasijević. Following her understanding of the role of philosophy in society, that it should not be confined to academia but must always correlate with everyday life, Atanasijević bravely states her views on the negative phenomena in the social, political, and cultural life of her time. She criticizes the irresponsible behavior of political and intellectual elites, their disinterest and cowardice, which she believes directly contribute to the multiplication of evil. (...) The mentioned texts rely on her main ontological and ethical theses—that all human beings have the same essence and that the personhood of every human being must be respected. In dealing with crises, both those that affect all humankind and personal ones, Atanasijević engaged in a philosophical dialogue with her era. Only by facing the crisis bravely and analysing it meticulously can we hope to overcome it. (shrink)

According to “debunking arguments,” our moral beliefs are explained by evolutionary and cultural processes that do not track objective, mind-independent moral truth. Therefore (the debunkers say) we ought to be skeptics about moral realism. Huemer counters that “moral progress”—the cross-cultural convergence on liberalism—cannot be explained by debunking arguments. According to him, the best explanation for this phenomenon is that people have come to recognize the objective correctness of liberalism. Although Huemer may be the first philosopher to make this explicit empirical (...) argument for moral realism, the idea that societies will eventually converge on the same moral beliefs is a notable theme in realist thinking. Antirealists, on the other hand, often point to seemingly intractable cross-cultural moral disagreement as evidence against realism (the “argument from disagreement”). This paper argues that the trend toward liberalism is susceptible to a debunking explanation, being driven by two related non-truth-tracking processes. First, large numbers of people gravitate to liberal values for reasons of self-interest. Second, as societies become more prosperous and advanced, they become more effective at suppressing violence, and they create conditions where people are more likely to empathize with others, which encourages liberalism. The latter process is not truth tracking (or so this paper argues) because empathy-based moral beliefs are themselves susceptible to an evolutionary debunking argument. Cross-cultural convergence on liberalism per se does not support either realism or antirealism. (shrink)

We examine dialectical tensions between “dialogue” and “narrative” as these discourses supplant one another as the fundamental discourse of intelligibility, through juxtaposing two interpretations of Genesis 38 rooted in changing interpretative paradigms. Is dialogue properly understood as a narrative genre, or is narrative the content about which people are in dialogue? Is the divine–human relationship a narrative drama or is it a dialogue between a god and human beings? We work within parameters laid out by the philosophical hermeneutics of Gadamer (...) (primarily representing dialogue) and Ricoeur (primarily representing narrative). On the one hand, a feminist approach can develop Tamar as a courageous hero in impossible circumstances, strategizing to overturn Judah’s patriarchal naïveté. On the other hand, Judah seems to be able to be read as a tragic hero, seeking to save Tamar. These readings challenge one another, where either Tamar’s or Judah’s autonomy is undermined. By putting these interpretations into dialogue, our aim is to show that neither dialogue nor narrative succeeds the other with finality, and that we can achieve a fragile integration of the two (dialogue and narrative) despite their propensity toward polarization. (shrink)

A sequel to the author’s book /Frege’s Puzzle/ (1986).

The wrong kind of reason (WKR) problem is a problem for attempts to analyze normative properties using only facts about the balance of normative reasons, a style of analysis on which the ‘Reasons First’ programme depends. I argue that this problem cannot be solved if the orthodox view of reasons is true --- that is, if each normative reason is numerically identical with some fact, proposition, or state-of-affairs. That’s because solving the WKR problem requires completely distinguishing between the right- and (...) wrong-kind reasons for an attitude. I argue that some facts give both right- and wrong-kind reasons for an attitude. Consequently, no such distinction between the two types of reasons is complete if reasons are facts or the like. I conclude by suggesting that reasons and facts are related by constitution, not identity. (shrink)

I demonstrate that a "speech act" theory of meaning for imperatives is—contra a dominant position in philosophy and linguistics—theoretically desirable. A speech act-theoretic account of the meaning of an imperative !φ is characterized, broadly, by the following claims. -/- LINGUISTIC MEANING AS USE !φ’s meaning is a matter of the speech act an utterance of it conventionally functions to express—what a speaker conventionally uses it to do (its conventional discourse function, CDF). -/- IMPERATIVE USE AS PRACTICAL !φ's CDF is to (...) express a practical (non-representational) state of mind—one concerning an agent's preferences and plans, rather than her beliefs. -/- Opposed to speech act accounts is a preponderance of views which deny that a sentence's linguistic meaning is a matter of what speech act it is used to perform, or its CDF. On such accounts, meaning is, instead, a matter of "static" properties of the sentence—e.g., how it depicts the world as being (or, more neutrally, the properties of a model-theoretic object with which the semantic value of the sentence co-varies). On one version of a static account, an imperative 'shut the window!' might, for instance, depict the world as being such that the window must be shut. -/- Static accounts are traditionally motivated against speech act-theoretic accounts by appeal to supposedly irremediable explanatory deficiencies in the latter. Whatever a static account loses in saying (prima facie counterintuitively) that an imperative conventionally represents, or expresses a picture of the world, is said to be offset by its ability to explain a variety of phenomena for which speech act-theoretic accounts are said to lack good explanations (even, in many cases, the bare ability to offer something that might meet basic criteria on what a good explanation should be like). -/- I aim to turn the tables on static accounts. I do this by showing that speech act accounts are capable of giving explanations of phenomena which fans of static accounts have alleged them unable to give. Indeed, for a variety of absolutely fundamental phenomena having to do with the conventional meaning of imperatives (and other types of practical language), speech act accounts provide natural and theoretically satisfying explanations, where a representational account provides none. (shrink)

I argue that there is moral luck, i.e., that factors beyond our control can affect how laudable or culpable we are.

Kripke’s examples of allegedly contingent a priori sentences include ‘Stick S is exactly one meter long’, where the reference of ‘meter’ is fixed by the description ‘the length of stick S’. In response to skepticism concerning apriority Kripke replaced the meter sentence with a more sophisticated variant, arguing that the modified example is more immune to such skepticism. The case for apriority is examined. A distinction is drawn between apriority and a broader notion, “qua-priority,” of a truth whose epistemic justification (...) is dependent on no experience other than that required to justify belief of the deliverances of pure semantics. It is argued that Kripke’s examples are neither a priori nor qua-priori. (shrink)

A thorough critique (extracted from the author’s 1979 doctoral dissertation) of Kripke’s purported derivation, in footnote 56 of his philosophical masterpiece /Naming and Necessity/, of nontrivial modal essentialism from the theory of rigid designation.

Discussions of political obligation and political authority have long focused on the idea that the commands of genuine authorities constitute content-independent reasons. Despite its centrality in these debates, the notion of content-independence is unclear and controversial, with some claiming that it is incoherent, useless, or increasingly irrelevant. I clarify content-independence by focusing on how reasons can depend on features of their source or container. I then solve the long-standing puzzle of whether the fact that laws can constitute content-independent reasons is (...) consistent with the fact that some laws must fail to bind due to their egregiously unjust content. Finally I defend my understanding of content-independence against challenges and show why it retains a place of special importance for questions about the law and political obligation. Content-independence highlights that it is some feature of the law or law-making process in general that is supposed to generate moral obligations for citizens, not the merits of particular laws. (shrink)

We offer an original argument for the existence of universal fictions—that is, fictions within which every possible proposition is true. Specifically, we detail a trio of such fictions, along with an easy-to-follow recipe for generating more. After exploring several consequences and dismissing some objections, we conclude that fiction, unlike reality, is unlimited when it comes to truth.

Some prominent scientists and philosophers have stated openly that moral and political considerations should influence whether we accept or promulgate scientific theories. This widespread view has significantly influenced the development, and public perception, of intelligence research. Theories related to group differences in intelligence are often rejected a priori on explicitly moral grounds. Thus the idea, frequently expressed by commentators on science, that science is “self-correcting”—that hypotheses are simply abandoned when they are undermined by empirical evidence—may not be correct in all (...) contexts. In this paper, documentation spanning from the early 1970s to the present is collected, which reveals the influence of scientists’ moral and political commitments on the study of intelligence. It is suggested that misrepresenting findings in science to achieve desirable social goals will ultimately harm both science and society. (shrink)

I defend the widely-held view that morally worthy action need not be motivated by a desire to promote rightness as such. Some have recently come to reject this view, arguing that desires for rightness as such are necessary for avoiding a certain kind of luck thought incompatible with morally worthy action. I show that those who defend desires for rightness as such on the basis of this argument misunderstand the relationship between moral worth and the kind of luck that their (...) argument employs. Consequently, the argument provides no reason to doubt the popular view that a desire for rightness as such is no part of virtue. I conclude by suggesting that a family of worries about merely accidentally right action presuppose one side of the recent debate about objectivism and perspectivism about moral rightness. (shrink)

The “somewhat vague, intuitive” notion from computability theory of an effective procedure (method) or algorithm can be fairly precisely defined even if it is not sufficiently formal and precise to belong to mathematics proper (in a narrow sense)—and even if (as many have asserted) for that reason the Church–Turing thesis is unprovable. It is proved logically that the class of effective procedures is not decidable, i.e., that no effective procedure is possible for ascertaining whether a given procedure is effective. This (...) undecidability result is proved directly from the notion itself of an effective procedure, without reliance on any (partly) mathematical lemma, conjecture, or thesis invoking recursiveness or Turing-computability. In fact, there is no reliance on anything very mathematical. The proof does not even appeal to a precise definition of ‘effective procedure’. Instead, it relies solely and entirely on a basic grasp of the intuitive notion of an effective procedure. Though the result that effectiveness is undecidable is not surprising, it is also not without significance. It has the consequence, for example, that the solution to a decision problem, if it is to be complete, must be accompanied by a separate argument that the proposed ascertainment procedure invariably terminates with the correct verdict. (shrink)

Rather infamously, Kit Fine provided a series of counter-examples which purport to show that the modalist program of analysing essence in terms of metaphysical necessity is fundamentally misguided. Several would-be modalists have since responded, attempting to save the position from this Finean Challenge. This paper evaluates and rejects a trio of such responses, from Della Rocca, Zalta, and Gorman. But I’m not here arguing for Fine’s conclusion – ultimately, this is a fight amongst friends, with Della Rocca, Zalta, Gorman, and (...) I all wanting to be modalists, but disagreeing on the details. As such, while my primary aim is to show what’s wrong with this trio, the secondary aim is demonstrating how what’s right about them in fact pushes one towards my own sparse modalist account. So while the primary conclusion of this paper is negative, the secondary, positive, conclusion is that modalists shouldn’t give up hope – plausible responses to Fine are still out there. (shrink)

My title is meant to suggest a continuation of the sort of philosophical investigation into the nature of language and modality undertaken in Rudolf Carnap’s Meaning and Necessity and Saul Kripke’s Naming and Necessity. My topic belongs in a class with meaning and naming. It is demonstratives—that is, expressions like ‘that darn cat’ or the pronoun ‘he’ used deictically. A few philosophers deserve particular credit for advancing our understanding of demonstratives and other indexical words. Though Naming and Necessity is concerned (...) with proper names, not demonstratives, it opened wide a window that had remained mostly shut in Meaning and Necessity but that, thanks largely to Kripke, shall forevermore remain unbarred. Understanding of demonstrative semantics grew by a quantum leap in David Kaplan’s remarkable work, especially in his masterpiece “Demonstratives” together with its companion “Afterthoughts.” In contrast to the direct-reference propensities of these two contemporary figures, Gottlob Frege, with his uncompromisingly thoroughgoing intensionalism, shed important light on the workings of demonstratives in “Der Gedanke”—more specifically, in a few brief but insightful remarks from a single paragraph concerning tense and temporal indexicality. (shrink)

MacDonald argues that a suite of genetic and cultural adaptations among Jews constitutes a “group evolutionary strategy.” Their supposed genetic adaptations include, most notably, high intelligence, conscientiousness, and ethnocentrism. According to this thesis, several major intellectual and political movements, such as Boasian anthropology, Freudian psychoanalysis, and multiculturalism, were consciously or unconsciously designed by Jews to promote collectivism and group continuity among themselves in Israel and the diaspora and undermine the cohesion of gentile populations, thus increasing the competitive advantage of Jews (...) and weakening organized gentile resistance. By developing and promoting these movements, Jews supposedly played a necessary role in the ascendancy of liberalism and multiculturalism in the West. While not achieving widespread acceptance among evolutionary scientists, this theory has been enormously influential in the burgeoning political movement known as the “alt-right.” Examination of MacDonald’s argument suggests that he relies on systematically misrepresented sources and cherry-picked facts. It is argued here that the evidence favors what is termed the “default hypothesis”: Because of their above-average intelligence and concentration in influential urban areas, Jews in recent history have been overrepresented in all major intellectual and political movements, including conservative movements, that were not overtly anti-Semitic. (shrink)

While it is tempting to suppose that an act has moral worth just when and because it is motivated by sufficient moral reasons, philosophers have, largely, come to doubt this analysis. Doubt is rooted in two claims. The first is that some facts can motivate a given act in multiple ways, not all of which are consistent with moral worth. The second is the orthodox view that normative reasons are facts. I defend the tempting analysis by proposing and defending a (...) heterodox account of both normative and motivating reasons that is inspired by Donald Davidson’s primary reasons. We should adopt the heterodox view, I argue, because it addresses an overlooked but fatal defect in the orthodox conception of reasons, of which challenges to the tempting analysis are a special case. (shrink)

Inflicting harm is generally preferable to inflicting death. If you must choose between the two, you should generally choose to harm. But prenatal harm seems different. If a mother must choose between harming her fetus or aborting it, she may choose either, at least in many cases. So it seems that prenatal harm is particularly objectionable, sometimes on a par with death. This paper offers an explanation of why prenatal harm seems particularly objectionable by drawing an analogy to the all-or-nothing (...) problem. It then argues that this analogy offers independent support for the ‘voluntarist’ view that at least some parental role obligations are grounded in the choice to be a parent. (shrink)

Toward a theory of n-tuples of individuals and concepts as surrogates for Russellian singular propositions and singular concepts. Alonzo Church proposed a powerful and elegant theory of sequences of functions and their arguments as singular-concept surrogates. Church’s account accords with his Alternative (0), the strictest of his three competing criteria for strict synonymy. The currently popular objection to strict criteria like (0) on the basis of the Russell-Myhill paradox is misguided. Russell-Myhill is not a problem specifically for Alternative (0). Rather (...) it is a disproof of unrestricted concept comprehension. Unrestricted comprehension is also inconsistent with facts about sets of properties. It is demonstrated furthermore that the principal rival conception of propositions, as classes of possible worlds, is subject to a fatal philosophical collapse: It follows on that conception, given that each of us is fallible, that everyone believes everything. Although it is far superior to its principal rival conception, Church’s proposed theory is vulnerable under (0) to a version of Russell’s notorious Gray’s /Elegy/ objection. Some amendments to Church’s proposal are proffered that address Russell’s objection, including an amendment first proposed in the present author’s /Frege’s Puzzle/ (1986). Church’s response (personal correspondence) is considered. (shrink)

According to Westermarck’s widely accepted explanation of the incest taboo, cultural prohibitions on sibling sex are rooted in an evolved biological disposition to feel sexual aversion toward our childhood coresidents. Bernard Williams posed the “representation problem” for Westermarck’s theory: the content of the hypothesized instinct is different from the content of the incest taboo —thus the former cannot be causally responsible for the latter. Arthur Wolf posed the related “moralization problem”: the instinct concerns personal behavior whereas the prohibition concerns everyone. (...) This paper reviews possible ways of defending Westermarck’s theory from the representation and moralization problems, and concludes that the theory is untenable. A recent study purports to support Westermarck’s account by showing that unrelated children raised in the same peer groups on kibbutzim feel sexual aversion toward each other and morally oppose third-party intra-peer-group sex, but this study has been misinterpreted. I argue that the representation and moralization problems are general problems that could potentially undermine many popular evolutionary explanations of social/moral norms. The cultural evolution of morality is not tightly constrained by our biological endowment in the way some philosophers and evolutionary psychologists believe. (shrink)

On Kripke’s intended definition, a term designates an object x rigidly if the term designates x with respect to every possible world in which x exists and does not designate anything else with respect to worlds in which x does not exist. Kripke evidently holds in Naming and Necessity, hereafter N&N (pp. 117–144, passim, and especially at 134, 139–140), that certain general terms – including natural-kind terms like ‘‘water’’ and ‘‘tiger’’, phenomenon terms like ‘‘heat’’ and ‘‘hot’’, and color terms like (...) ‘‘blue’’ – are rigid designators solely as a matter of philosophical semantics (independently of empirical, extra-linguistic facts). As a consequence, Kripke argues, identity statements involving these general terms are like identity statements involving proper names (e.g., ‘‘Clark Kent=Superman’’) in that, solely as a matter of philosophical semantics, they express necessary truths if they are true at all. But whereas it is reasonably clear what it is for a (first-order) singular term to designate, Kripke does not explicitly say what it is for a general term to designate. General terms are standardly treated in modern logic as predicates, usually monadic predicates. There are very forceful reasons – due independently to Church and Godel, and ultimately to Frege – for taking predicates to designate their semantic extensions. But insofar as the extension of the general term ‘‘tiger’’ is the class of actual tigers (or its characteristic function), it is clear that the term does not rigidly designate its extension, since the class of tigers in one possible world may differ from the class of tigers in another. What, then, is it for ‘‘tiger’’ to be rigid? (shrink)

While intimately familiar, gender eludes theorizing. We argue that well-known challenges to gender’s analysis originate in a subtle ambiguity: questions about gender sometimes express questions about gender categories themselves (e.g., womanhood, manhood, and so on), while at other times expressing questions about what makes someone a member of these categories. Distinguishing these questions accentuates gender’s connections to morality, making a novel “antirealist” view of gender, or as we call it, “unrealist” view, especially natural. Gender’s relations to identity, sex, and social (...) position are illuminated along the way. Taking cues from both historical and contemporary debates in metaethics about the roles that attitudes can play in metaphysical and semantic analysis, we introduce and begin developing a comprehensive non-ameliorative framework for explicating gender’s nature and our thought and talk about it. In a slogan, on the view we defend, you belong to the gender category to which you intrinsically desire to belong. (shrink)

Intellectual humility is commonly thought to be a mindset, disposition, or personality trait that guides our reactions to evidence as we seek to pursue the truth and avoid error. Over the last decade, psychologists, philosophers, and other researchers have begun to explore intellectual humility, using analytical and empirical tools to understand its nature, implications, and value. This review describes central questions explored by researchers and highlights opportunities for multidisciplinary investigation.

Some philosophers think that the challenge of justifying punishment can be met by a theory that emphasizes the expressive character of punishment. A particular type of theories of this sort - call it Expressive Retributivism [ER] - combines retributivist and expressivist considerations. These theories are retributivist since they justify punishment as an intrinsically appropriate response to wrongdoing, as something wrongdoers deserve, but the expressivist element in these theories seeks to correct for the traditional obscurity of retributivism. Retributivists often rely on (...) appeals to controversial intuitions involving obscure concepts. While retributive intuitions can be compelling, some worry that the justificatory challenge cannot be met merely by appealing to them. ER tries to enhance the clarity and justificatory power of these intuitions and the concepts they invoke by appealing to an expressive conception of punishment. I argue that these theories fail to justify punishment and that there is reason to think that they cannot, in principle, justify punishment. (shrink)