Recent work in neuroimaging suggests that some patients diagnosed as being in the persistent vegetative state are actually conscious. In this paper, we critically examine this new evidence. We argue that though it remains open to alternative interpretations, it strongly suggests the presence of consciousness in some patients. However, we argue that its ethical significance is less than many people seem to think. There are several different kinds of consciousness, and though all kinds of consciousness have some ethical significance, different (...) kinds underwrite different kinds of moral value. Demonstrating that patients have phenomenal consciousness — conscious states with some kind of qualitative feel to them — shows that they are moral patients, whose welfare must be taken into consideration. But only if they are subjects of a sophisticated kind of access consciousness — where access consciousness entails global availability of information to cognitive systems — are they persons, in the technical sense of the word employed by philosophers. In this sense, being a person is having the full moral status of ordinary human beings. We call for further research which might settle whether patients who manifest signs of consciousness possess the sophisticated kind of access consciousness required for personhood. (shrink)

This paper advances three necessary conditions on a successful account of sentential negation. First, the ability to explain the constancy of sentential meaning across negated and unnegated contexts (the Fregean Condition). Second, the ability to explain why sentences and their negations are inconsistent, and inconsistent in virtue of the meaning of negation (the Semantic Condition). Third, the ability of the account to generalize regardless of the topic of the negated sentence (the Generality Condition). The paper discusses three accounts of negation (...) available to moral expressivists. The first—the dominant commitment account—fails to meet the Fregean Condition. The two remaining accounts—commitment semantics and the expression account—satisfy all three conditions. A recent argument that the dominant commitment account is the only option available to expressivists is considered and rejected. (shrink)

The following is a transcript of the interview I (Yasuko Kitano) conducted with Neil Levy (The Centre for Applied Philosophy and Public Ethics, CAPPE) on the 23rd in July 2009, while he was in Tokyo to give a series of lectures on neuroethics at The University of Tokyo Center for Philosophy. I edited his words for publication with his approval.

David Hume’s legal theory has normally been interpreted as bearing close affinities to the English common law theory of jurisprudence. I argue that this is not accurate. For Hume, it is the nature and functioning of a country’s legal system, not the provenance of that system, that provides the foundation of its authority. He judges government by its ability to protect property in a reliable and equitable way. His positions on the role of equity in the law, on artificial reason (...) and the esoteric nature of the law, and on the role of judges in the legal system are all at odds with those of the common lawyers. (shrink)

This chapter contains sections titled: Modern Legal Theory and the Impact of Realism Policy Science Legal Process References.

This essay presents an ideal for modern Western romantic love.The basic ideas are the following: people want to form a distinctive sort of plural subject with another, what Nozick has called a "We", they want to be loved for properties of certain kinds, and they want this love to establish and sustain a special sort of commitment to them over time.

Imaginative representations are crucial to the generation of action--both pretense and plain action. But well-known theories of imagination on offer in the literature [1] fail to describe how perceptually-formatted imaginings (mental images) and motor imaginings function in the generation of action and [2] fail to recognize the important fact that spatially rich imagining can be integrated into one's perceptual manifold. In this paper, I present a theory of imagining that shows how spatially rich imagining functions in the generation of action. (...) I also describe the imaginative structures behind two under-explored forms of action: semi-pretense and pretense layering. In addition, I suggest that my theory of imagining meshes better than the competitors with current work in cognitive and affective neuroscience. (shrink)

There is a close connection between Dante’’s portrayal of usury in the Inferno and wider scholastic argumentation on the subject. Reading Dante’’s account in light of the scholastic critique of usury reveals a conceptual depth and clarity to the former which has, in the absence of such a reading, remained unfortunately opaque. Dante’’s treatment is informed by three of the four main scholastic arguments against usury, which are cen- tered around the themes of the nature and purpose of money, the (...) relation between labor and a just recompense, and the medieval vision of society as an harmonious whole. Each of these themes are weaved by Dante into his poem in a range of diverse ways, yet the final (social) element is arguably a unifying factor. In this regard, his account of usury can be read in continuity with other critiques of ‘‘bad commerce’’ which are in evidence throughout the Inferno. (shrink)

This paper argues that qualia share their physical correlates' locations. The first premise comes from the theory of relativity: If something shares a time with a physical event in all reference frames, it shares that physical event’s location. The second premise is that qualia share times with their correlates in all reference frames. Having qualia and correlates share locations makes relations between them easier to explain, improving both physicalist and dualist theories.

This paper explores connections between theories of morality and theories of properties. It argues that (1) moral realism is in tension with predicate, class and mereological nominalism; (2) moral non-naturalism is incompatible with standard versions of resemblance nominalism, immanent realism and trope theory; and (3) the standard semantic arguments for property realism do not support moral realism. I also raise doubts about trope-theoretic explanations of moral supervenience and argue against one version of the principle that we should accept theories that (...) maintain neutrality. (shrink)

The ‘doctrine of double effect’ claims that it is in some sense morally less problematic to bring about a negatively evaluated state of affairs as a ‘side effect’ of one’s pursuit of another, morally unobjectionable aim than it is to bring it about in order to achieve that aim. In a first step, this chapter discusses the descriptive difference on which the claim is built. That difference is shown to derive from the attitudinal distinction between intention and ‘acceptance’, a distinction (...) that is in turn claimed to ground in a feature of the decisions that generate the attitudes in question. The resulting analysis is then plugged into two different normative principles that may each be thought to specify the intuitions behind the doctrine of double effect, but which have frequently been conflated. The first concerns the permissibility of bringing about the merely accepted state of affairs, the second its reduced attributability. It is argued that examination of the intuitions behind the two principles supports neither version of the doctrine. Rather, the intuitions are best captured in an attribution principle based on subjective probabilities and a principle of attitude evaluation, neither of which make explicit reference to the attitude of intending. (shrink)

A central area of current philosophical debate in the foundations of mathematics concerns whether or not there is a single, maximal, universe of set theory. Universists maintain that there is such a universe, while Multiversists argue that there are many universes, no one of which is ontologically privileged. Often forcing constructions that add subsets to models are cited as evidence in favour of the latter. This paper informs this debate by analysing ways the Universist might interpret this discourse that seems (...) to necessitate the addition of subsets to V. We argue that despite the prima facie incoherence of such talk for the Universist, she nonetheless has reason to try and provide interpretation of this discourse. We analyse extant interpretations of such talk, and analyse various tradeoffs in naturality that might be made. We conclude that the Universist has promising options for interpreting different forcing constructions. (shrink)

A number of concerns have been raised about the possible future use of pharmaceuticals designed to enhance cognitive, affective, and motivational processes, particularly where the aim is to produce morally better decisions or behavior. In this article, we draw attention to what is arguably a more worrying possibility: that pharmaceuticals currently in widespread therapeutic use are already having unintended effects on these processes, and thus on moral decision making and morally significant behavior. We review current evidence on the moral effects (...) of three widely used drugs or drug types: propranolol, selective serotonin reuptake inhibitors, and drugs that effect oxytocin physiology. This evidence suggests that the alterations to moral decision making and behavior caused by these agents may have important and difficult-to-evaluate consequences, at least at the population level. We argue that the moral effects of these and other widely used pharmaceuticals warrant further empirical research and ethical analysis. (shrink)

Philosophers from Hart to Lewis, Johnston and Bennett have expressed various degrees of reservation concerning the doctrine of double effect. A common concern is that, with regard to many activities that double effect is traditionally thought to prohibit, what might at first look to be a directly intended bad effect is really, on closer examination, a directly intended neutral effect that is closely connected to a foreseen bad effect. This essay examines the extent to which the commonsense concept of intention (...) supports a reasonably consistent and coherent application of double effect. Two important conclusions are these: (1) a number of traditionally proscribed activities involve a kind of “targeting” of innocents that can be taken to exhibit a direct intention to harm them; (2) a direct intention to harm need not involve a desire to harm in any ordinary sense of the latter expression. (shrink)

Let's suppose you think that there are no uncountable sets. Have you adopted a restrictive position? It is certainly tempting to say yes---you've prohibited the existence of certain kinds of large set. This paper argues that this intuition can be challenged. Instead, I argue that there are some considerations based on a formal notion of restrictiveness which suggest that it is restrictive to hold that there are uncountable sets.

The rightness and wrongness of actions fits on a continuous scale. This fits the way we evaluate actions chosen among a diverse range of options, even though English speakers don’t use the words “righter” and “wronger”. I outline and defend a version of scalar consequentialism, according to which rightness is a matter of degree, determined by how good the consequences are. Linguistic resources are available to let us truly describe actions simply as right. Some deontological theories face problems in accounting (...) for degrees of rightness, as they don't invoke continuous parameters among the right-making features of action. (shrink)

This paper claims that the standard characterization of the motivational role of belief should be supplemented. Beliefs do not only, jointly with desires, cause and rationalize actions that will satisfy the desires, if the beliefs are true; beliefs are also the practical ground of other cognitive attitudes, like imagining, which means beliefs determine whether and when one acts with those other attitudes as the cognitive inputs into choices and practical reasoning. In addition to arguing for this thesis, I take issue (...) with Velleman's argument that belief and imagining cannot be distinguished on the basis of motivational role. (shrink)

Heidegger’s ontological views, his observations about liberalism and fascism, and his evaluative commitments are three premises of an argument for fascism. The ontological premise is that integrated wholes and objects of a creator or user’s will are ontologically superior, as Being and Time suggests in discussing Being-a-whole, creating art, and using equipment. The social premise is that fascist societies are wholes integrated by dictatorial will, while liberal societies are looser aggregates of free individuals, as Heidegger describes in his 1930s seminars. (...) The evaluative premise, shared with the medieval tradition and expressed in his notebook remarks about war, is that ontological superiority makes things better. The conclusion that fascism is better than liberalism should be rejected along with the evaluative premise. (shrink)

We explain and explore class-theoretic potentialism—the view that one can always individuate more classes over a set-theoretic universe. We examine some motivations for class-theoretic potentialism, before proving some results concerning the relevant potentialist systems (in particular exhibiting failures of the $\mathsf {.2}$ and $\mathsf {.3}$ axioms). We then discuss the significance of these results for the different kinds of class-theoretic potentialists.

This essay defends a strong version of the Humean theory of motivation on which desire is necessary both for motivation and for reasoning that changes our desires. Those who hold that moral judgments are beliefs with intrinsic motivational force need to oppose this view, and many of them have proposed counterexamples to it. Using a novel account of desire, this essay handles the proposed counterexamples in a way that shows the superiority of the Humean theory. The essay addresses the classic (...) objection that the Humean theory cannot explain the feeling of obligation, Stephen Darwall's example of motivationally potent reasoning that is not based on preexisting desires, Thomas Scanlon's criticism that the Humean theory fails to account for the structure and phenomenology of deliberation, and the phenomenon of akrasia as discussed by John Searle. In each case a Humean account explains the data at least as thoroughly as opposing views can, while fitting within a simpler total account of how we deliberate and act. (shrink)

In the contemporary philosophy of set theory, discussion of new axioms that purport to resolve independence necessitates an explanation of how they come to be justified. Ordinarily, justification is divided into two broad kinds: intrinsic justification relates to how `intuitively plausible' an axiom is, whereas extrinsic justification supports an axiom by identifying certain `desirable' consequences. This paper puts pressure on how this distinction is formulated and construed. In particular, we argue that the distinction as often presented is neither well-demarcated nor (...) sufficiently precise. Instead, we suggest that the process of justification in set theory should not be thought of as neatly divisible in this way, but should rather be understood as a conceptually indivisible notion linked to the goal of explanation. (shrink)

The moral belief problem is that of reconciling expressivism in ethics with both minimalism in the philosophy of language and the syntactic discipline of moral sentences. It is argued that the problem can be solved by distinguishing minimal and robust senses of belief, where a minimal belief is any state of mind expressed by sincere assertoric use of a syntactically disciplined sentence and a robust belief is a minimal belief with some additional property R. Two attempts to specify R are (...) discussed, both based on the thought that beliefs are states that aim at truth. According to the first, robust beliefs are criticisable to the extent that their content fails to match the state of the world. This sense fails to distinguish robust beliefs from minimal beliefs. According to the second, robust beliefs function to have their content match the state of the world. This sense succeeds in distinguishing robust beliefs from minimal beliefs. The conclusion is that the debate concerning the cognitive status of moral convictions needs to address the issue of the function of moral convictions. Evolutionary theorising may be relevant, but will not be decisive, in answering this question. (shrink)

Actions performed in a state of automatism are not subject to moral evaluation, while automatic actions often are. Is the asymmetry between automatistic and automatic agency justified? In order to answer this question we need a model or moral accountability that does justice to our intuitions about a range of modes of agency, both pathological and non-pathological. Our aim in this paper is to lay the foundations for such an account.

Zero provides a challenge for philosophers of mathematics with realist inclinations. On the one hand it is a bona fide cardinal number, yet on the other it is linked to ideas of nothingness and non-being. This paper provides an analysis of the epistemology and metaphysics of zero. We develop several constraints and then argue that a satisfactory account of zero can be obtained by integrating an account of numbers as properties of collections, work on the philosophy of absences, and recent (...) work in numerical cognition and ontogenetic studies. (shrink)

I argue that if David Lewis’ modal realism is true, modal realists from different possible worlds can fall in love with each other. I offer a method for uniquely picking out possible people who are in love with us and not with our counterparts. Impossible lovers and trans-world love letters are considered. Anticipating objections, I argue that we can stand in the right kinds of relations to merely possible people to be in love with them and that ending a trans-world (...) relationship to start a relationship with an actual person isn't cruel to one's otherworldly lover. (shrink)

In the past decade, three philosophers in particular have recently explored the relation between desert and intrinsic value. Fred Feldman argues that consequentialism need not give much weight – or indeed any weight at all – to the happiness of persons who undeservedly experience pleasure. He defends the claim that the intrinsic value of a state of affairs is determined by the “fit” between the amount of well-being that a person receives and the amount of well-being that the person deserves. (...) Shelly Kagan uses a similar claim to motivate the view that equality is not intrinsically valuable. Thomas Hurka argues that desert is a third-order value, which is a function of the relation between the second-order value of having a virtuous or vicious character and the first-order value of experiencing pleasure or pain. In this paper, we sketch a theory of desert as fittingness and defend a general account of the relation between desert, well-being, and intrinsic value. We then discuss various applications of our “geometry of desert,” including a solution to the problem of the Repugnant Conclusion. In so doing, we explain, revise, and extend many of these authors’ central ideas. (shrink)

Causal exclusion arguments are taken to threaten the autonomy of the special sciences, and the causal efficacy of mental properties. A recent line of response to these arguments has appealed to “independently plausible” and “well grounded” theories of causation to rebut key premises. In this paper I consider two papers which proceed in this vein and show that they share a common feature: they both require causes to be proportional to their effects. I argue that this feature is a bug, (...) and one that generalises: any attempt to rescue the autonomy of the special sciences, or the efficacy of the mental, from exclusion worries had better not look to proportionality for help. (shrink)

Often philosophers, logicians, and mathematicians employ a notion of intended structure when talking about a branch of mathematics. In addition, we know that there are foundational mathematical theories that can find representatives for the objects of informal mathematics. In this paper, we examine how faithfully foundational theories can represent intended structures, and show that this question is closely linked to the decidability of the theory of the intended structure. We argue that this sheds light on the trade-off between expressive power (...) and meta-theoretic properties when comparing first-order and second-order logic. (shrink)

In this chapter, we argue for three theses: (1) we lack the power to form beliefs at will (i.e., directly); at very least, we lack the power to form at will beliefs of the kind that proponents of doxastic voluntarism have in mind; but (2) we possess a propensity to form beliefs for non-epistemic reasons; and (3) these propensities—once we come to know we have them—entail that we have obligations similar to those we would have were doxastic voluntarism true. Specifically, (...) we will argue that we have obligations to avoid triggering these propensities to form beliefs that are unwarranted or even immoral. (shrink)

I argue that one intends that ϕ if one has a desire that ϕ and an appropriately related means-end belief. Opponents, including Setiya and Bratman, charge that this view can't explain three things. First, intentional action is accompanied by knowledge of what we are doing. Second, we can choose our reasons for action. Third, forming an intention settles a deliberative question about what to do, disposing us to cease deliberating about it. I show how the desire- belief view can explain (...) why these phenomena occur when they occur, and why they don't when they don't. (shrink)

This paper is a concise survey of recent expressivist theories of discourse, focusing on the ethical case. For each topic discussed recent trends are summarised and suggestions for further reading provided. Issues covered include: the nature of the moral attitude; ‘hybrid’ views according to which moral judgements express both beliefs and attitudes; the quasi-realist programmes of Simon Blackburn and Allan Gibbard; the problem of creeping minimalism; the nature of the ‘expression’ relation; the Frege-Geach problem; the problem of wishful thinking; the (...) role of moral intuitions; expressivism in aesthetics. (shrink)

We can infer moral conclusions from nonmoral evidence using a three-step procedure. First, we distinguish the processes generating belief so that their reliability in generating true belief is statistically predictable. Second, we assess the processes’ reliability, perhaps by observing how frequently they generate true nonmoral belief or logically inconsistent beliefs. Third, we adjust our credence in moral propositions in light of the truth ratios of the processes generating beliefs in them. This inferential route involves empirically discovering truths of the form (...) “Process P, which generates belief in moral proposition M, has truth ratio T", and using them to discover probabilities for moral propositions. The inferential route is noncircular, and progress along it is driven fundamentally by induction. (shrink)

Consider two deeply appealing thoughts: first, that we experience external particulars, and second, that what it’s like to have an experience – the phenomenal character of an experience – is somehow independent of external particulars. The first thought is readily captured by phenomenal particularism, the view that external particulars are sometimes part of the phenomenal character of experience. The second thought is readily captured by phenomenal generalism, the view that external particulars are never part of phenomenal character. -/- Here I (...) show that a novel version of phenomenal generalism can capture both thoughts in a satisfying fashion. Along the way, I reveal severe problems facing phenomenal particularism and also shed light on the mental kinds under which experiences fall. (shrink)

Propositionalism is the view that the contents of intentional attitudes have a propositional structure. Objectualism opposes propositionalism in allowing the contents of these attitudes to be ordinary objects or properties. Philosophers including Talbot Brewer, Paul Thagard, Michelle Montague, and Alex Grzankowski attack propositionalism about such attitudes as desire, liking, and fearing. This article defends propositionalism, mainly on grounds that it better supports psychological explanations.

A pervasive thought in contemporary philosophy of mathematics is that in order to justify reflection principles, one must hold universism: the view that there is a single universe of pure sets. I challenge this kind of reasoning by contrasting universism with a Zermelian form of multiversism. I argue that if extant justifications of reflection principles using notions of richness are acceptable for the universist, then the Zermelian can use similar justifications. However, I note that for some forms of richness argument, (...) the status of reflection principles as axioms is left open for the Zermelian. (shrink)

It is standard in set theory to assume that Cantor's Theorem establishes that the continuum is an uncountable set. A challenge for this position comes from the observation that through forcing one can collapse any cardinal to the countable and that the continuum can be made arbitrarily large. In this paper, we present a different take on the relationship between Cantor's Theorem and extensions of universes, arguing that they can be seen as showing that every set is countable and that (...) the continuum is a proper class. We examine several principles based on maximality considerations in this framework, and show how some (namely Ordinal Inner Model Hypotheses) enable us to incorporate standard set theories (including ZFC with large cardinals added). We conclude that the systems considered raise questions concerning the foundational purposes of set theory. (shrink)

What is posthumanism and why does it matter? This book offers an introduction to the ways in which humanism's belief in the natural supremacy of the Family of Man has been called into question at different moments and from different theoretical positions. What is the relationship between posthumanism and technology? Can posthumanism have a politics—postcolonial or feminist? Are postmodernism and poststructuralism posthumanist? What happens when critical theory meets Hollywood cinema? What links posthumanism to science fiction. Posthumanism addresses these and other (...) questions in an attempt to come to terms with one of the most pressing issues facing contemporary society. (shrink)

Here I advance a unified account of the structure of the epistemic normativity of assertion, action, and belief. According to my Teleological Account, all of these are epistemically successful just in case they fulfill the primary aim of knowledgeability, an aim which in turn generates a host of secondary epistemic norms. The central features of the Teleological Account are these: it is compact in its reliance on a single central explanatory posit, knowledge-centered in its insistence that knowledge sets the fundamental (...) epistemic norm, and yet fiercely pluralistic in its acknowledgment of the legitimacy and value of a rich range of epistemic norms distinct from knowledge. Largely in virtue of this pluralist character, I argue, the Teleological Account is far superior to extant knowledge-centered accounts. (shrink)

We are about to see the emergence of religions devoted to the worship of Artificial Intelligence (AI). Such religions pose acute risks, both to their followers and to the public. We should require their creators, and governments, to acknowledge these risks and to manage them as best they can. However, these new religions cannot be stopped altogether, nor should we try to stop them if we could. We must accept that AI worship will become part of our culture, and we (...) must learn to live with it. Indeed, we should do much more than this. We should value it as a new source of meaning in a rapidly-changing world. AI-based religions deserve respect and recognition alongside other, more established ones, and they should be granted the same level of legal protection. (shrink)

Response to commentary. We are grateful to Crockett and Craigie for their interesting remarks on our paper. We accept Crockett’s claim that there is a need for caution in drawing inferences about patient groups from work on healthy volunteers in the laboratory. However, we believe that the evidence we cited established a strong presumption that many of the patients who are routinely taking a medication, including many people properly prescribed the medication for a medical condition, have morally significant aspects of (...) their cognition and behavior modified in a way that is unintended and may sometimes be unwelcome. Crockett notes that in some cases the effects of long-term drug use may differ, sometimes markedly, from the effects of short-term use. However, if acute use of a drug affects a neural system involved in mediating moral cognition or behavior, this nevertheless provides some evidence that chronic use of the drug may affect that same system and thus have morally significant effects. It is also plausible, in some cases, that an acute moral effect would give rise to a chronic moral effect via cognitive mechanisms. ... (shrink)

This chapter considers the nature of imagination and belief, exploring how deeply these two states of mind differ. It first addresses a range of cognitive and motivational differences between imagination and belief which suggest that they're fundamentally different states of mind. Then it addresses imaginative immersion, delusions, and the different norms we apply to the two mental states, which some theorists regard as providing support for a more unified picture of imagination and belief.

Some philosophers (including Urmson, Humberstone, Shah, and Velleman) hold that believing that p distinctively involves applying a norm according to which the truth of p is a criterion for the success or correctness of the attitude. On this view, imagining and assuming differ from believing in that no such norm is applied. I argue against this view with counterexamples showing that applying the norm of truth is neither necessary nor sufficient for distinguishing believing from imagining and assuming. Then I argue (...) that the different functional properties of these mental states are enough to distinguish them, and that norm-application doesn't help us draw the functional distinctions. (shrink)

In this paper I draw apart two different contexts of Freirean pedagogical practice that I label interactional and institutional. The interactional refers to the immediate learning environment with relation to the interaction between the students and the teacher. In contrast, the institutional refers to how the institutions of education are managed, constructed, and organised and how they relate to the individuals those institutions are composed of. I begin by presenting a brief overview of Freire’s argument in favour of a revolutionary (...) pedagogy. I then highlight how this project is represented at both interactional and institutional levels with a particular focus upon the practice of the revolutionary leaders and their role in the development of the humanisation of the oppressed. In presenting the interactional and institutional elements of Freire’s pedagogy separately the tension between the individual and the state is made plain and the limitations of his politico-educational project are drawn out. I argue that due to an inconsistent application of the relationship between means and ends in Freire’s politico-educational project an incoherence between the interactional and institutional levels of education is highlighted. In responding to this limitation of Freire’s politico-educational project with a thoroughly interconnected relationship of means and ends I show that there remains a necessary conflict between the interests of the individual and the state. As a result of this a door is opened for the development of an argument in favour of the disestablishment of education and state from a Freirean perspective. (shrink)

I defend ethical hedonism, the view that pleasure is the sole good thing, by arguing that it offers the only answer to an argument for moral skepticism. The skeptical problem arises from widespread fundamental moral disagreement, which entails the presence of enough moral error to undermine the reliability of most processes generating moral belief. We know that pleasure is good through the reliable process of phenomenal introspection, which reveals what our experiences are like. If knowing of pleasure’s goodness through phenomenal (...) introspection is the only reliable way to form our initial moral beliefs, we should accept ethical hedonism. (shrink)

In this paper we sketch a new version of aesthetic expressivism. We argue that one advantage of this view is that it explains various putative norms on the formation and revision of aesthetic judgement. We begin by setting out our proposed explananda and a sense in which they can be understood as governing the correct response to putative higher-order evidence in aesthetics. We then summarise some existing discussions of expressivist attempts to explain these norms, and objections raised to them. This (...) will allow us to identify the pitfalls that a good expressivist explanation needs to avoid. Finally, we sketch our preferred version of aesthetic expressivism which includes as a crucial part a hypothesis concerning the distinctive expressive function of aesthetic practice. We then consider how this theory can explain the putative aesthetic norms whilst avoiding the previous objections. (shrink)

This paper argues that a counterpart-theoretic treatment of events, combined with a counterfactual theory of causation, can help resolve three puzzles from the causation literature. First, CCT traces the apparent contextual shifts in our causal attributions to shifts in the counterpart relation which obtains in those contexts. Second, being sensitive to shifts in the counterpart relation can help diagnose what goes wrong in certain prominent examples where the transitivity of causation appears to fail. Third, CCT can help us resurrect the (...) much-maligned fragility response to the problems of late pre-emption by understanding fragility in counterpart-theoretic terms. Some reasons to prefer this CCT approach to rivals are discussed. (shrink)

Bayesian models of legal arguments generally aim to produce a single integrated model, combining each of the legal arguments under consideration. This combined approach implicitly assumes that variables and their relationships can be represented without any contradiction or misalignment, and in a way that makes sense with respect to the competing argument narratives. This paper describes a novel approach to compare and ‘average’ Bayesian models of legal arguments that have been built independently and with no attempt to make them consistent (...) in terms of variables, causal assumptions or parameterization. The approach involves assessing whether competing models of legal arguments are explained or predict facts uncovered before or during the trial process. Those models that are more heavily disconfirmed by the facts are given lower weight, as model plausibility measures, in the Bayesian model comparison and averaging framework adopted. In this way a plurality of arguments is allowed yet a single judgement based on all arguments is possible and rational. (shrink)