Civil liberty and privacy advocates have criticized the USA PATRIOT Act (Act) on numerous grounds since it was passed in the wake of the World Trade Center attacks in 2001. Two of the primary targets of those criticisms are the Act’s sneak-and-peek search provision, which allows law enforcement agents to conduct searches without informing the search’s subjects, and the business records provision, which allows agents to secretly subpoena a variety of information – most notoriously, library borrowing records. Without attending to (...) all of the ways that critics claim the Act burdens privacy, I examine whether those two controversial parts of the Act, the section 213 sneak-and-peak search and the section 215 business records gag-rule provisions, burden privacy as critics charge. I begin by describing the two provisions. Next, I explain why those provisions don’t burden privacy on standard philosophical accounts. Moreover, I argue that they need not conflict with the justifications for people’s claims to privacy, nor do they undermine the value of privacy on the standard accounts. However, rather than simply concluding that the sections don’t burden privacy, I argue that those provisions are problematic on the grounds that they undermine the value of whatever rights to privacy people have. Specifically, I argue that it is important to distinguish rights themselves from the value that those rights have to the rights-holders, and that an essential element of privacy rights having value is that privacy right-holders be able to tell the extent to which they actually have privacy. This element, which is justified by the right-holders’ autonomy interests, is harmed by the two provisions. (shrink)

Questions of privacy have become particularly salient in recent years due, in part, to information-gathering initiatives precipitated by the 2001 World Trade Center attacks, increasing power of surveillance and computing technologies, and massive data collection about individuals for commercial purposes. While privacy is not new to the philosophical and legal literature, there is much to say about the nature and value of privacy. My focus here is on the nature of informational privacy. I argue that the predominant accounts of privacy (...) are unsatisfactory and offer an alternative: for a person to have informational privacy is for there to be limits on the particularized judgments that others are able to reasonably make about that person. (shrink)

Surveillance plays a crucial role in public health, and for obvious reasons conflicts with individual privacy. This paper argues that the predominant approach to the conflict is problematic, and then offers an alternative. It outlines a Basic Interests Approach to public health measures, and the Unreasonable Exercise Argument, which sets forth conditions under which individuals may justifiably exercise individual privacy claims that conflict with public health goals. The view articulated is compatible with a broad range conceptions of the value of (...) health. (shrink)

When agents insert technological systems into their decision-making processes, they can obscure moral responsibility for the results. This can give rise to a distinct moral wrong, which we call “agency laundering.” At root, agency laundering involves obfuscating one’s moral responsibility by enlisting a technology or process to take some action and letting it forestall others from demanding an account for bad outcomes that result. We argue that the concept of agency laundering helps in understanding important moral problems in a number (...) of recent cases involving automated, or algorithmic, decision-systems. We apply our conception of agency laundering to a series of examples, including Facebook’s automated advertising suggestions, Uber’s driver interfaces, algorithmic evaluation of K-12 teachers, and risk assessment in criminal sentencing. We distinguish agency laundering from several other critiques of information technology, including the so-called “responsibility gap,” “bias laundering,” and masking. (shrink)

Algorithmic systems and predictive analytics play an increasingly important role in various aspects of modern life. Scholarship on the moral ramifications of such systems is in its early stages, and much of it focuses on bias and harm. This paper argues that in understanding the moral salience of algorithmic systems it is essential to understand the relation between algorithms, autonomy, and agency. We draw on several recent cases in criminal sentencing and K–12 teacher evaluation to outline four key ways in (...) which issues of agency, autonomy, and respect for persons can conflict with algorithmic decision-making. Three of these involve failures to treat individual agents with the respect they deserve. The fourth involves distancing oneself from a morally suspect action by attributing one’s decision to take that action to an algorithm, thereby laundering one’s agency. (shrink)

ABSTRACT: So far in this book, we have examined algorithmic decision systems from three autonomy-based perspectives: in terms of what we owe autonomous agents (chapters 3 and 4), in terms of the conditions required for people to act autonomously (chapters 5 and 6), and in terms of the responsibilities of agents (chapter 7). -/- In this chapter we turn to the ways in which autonomy underwrites democratic governance. Political authority, which is to say the ability of a government to exercise (...) power, may be justifiable or not. Whether it is justified and how it can come to be justified is a question of political legitimacy. Political legitimacy is another way in which autonomy and responsibility are linked. This relationship is the basis of the current chapter, and it is important in understanding the moral salience of algorithmic systems. We will draw the connection as follows. We begin, in section 8.1, by describing two uses of technology: crime predicting technology used to drive policing practices and social media technology used to influence elections (including by Cambridge Analytica and by the Internet Research Agency). In section 8.2 we consider several views of legitimacy and argue for a hybrid version of normative legitimacy based on one recently offered by Fabienne Peter. In section 8.3 we will explain that the connection between political legitimacy and autonomy is that legitimacy is grounded in legitimating processes, which are in turn based on autonomy. Algorithmic systems—among them PredPol and the Cambridge Analytica-Facebook-Internet Research Agency amalgam—can hinder that legitimation process and conflict with democratic legitimacy, as we argue in section 8.4. We will conclude by returning to several cases that serve as through-lines to the book: Loomis, Wagner, and Houston Schools. -/- The link below is to an open-access copy of the chapter. (shrink)

Evaluative theories of emotions purport to shed light on the nature of emotions by appealing to values. Three kinds of evaluative theories of emotions dominate the recent literature: the judgment theory equates emotions with value judgments; the perceptual theory equates emotions with perceptions of values, and the attitudinal theory equates emotions with evaluative attitudes. This paper defends a fourth kind of evaluative theory of emotions, mostly neglected so far: the reactive theory. Reactive theories claim that emotions are attitudes which arise (...) in reaction to perceptions of value. (shrink)

Scientists often communicate using generic generalizations, which are unquantified generalizations such as ‘Americans overestimate social class mobility’ or ‘sound waves carry gravitational mass’. In this paper, I explain the role of such generic generalizations in science, based on a novel theory about their characteristic meaning. According to this theory, a scientific generalization of the form ‘Ks are F’ says that F is one property based on which category K qualifies as a scientific kind. Because what it takes to qualify as (...) a scientific kind varies depending on the discipline, what a generic sentence entails also varies. Based on this semantic theory, I discuss the benefits and drawbacks of using generic language in science. (shrink)

We make physical efforts when we swim, carry shopping bags, push heavy doors, or cycle up hills. A growing concern among philosophers and scientists in related fields is the absence of a well-defined concept for physical efforts. This paper addresses this issue by presenting a force-based definition of physical efforts. In Sect. 1, we explore the shortcomings of existing definitions of effort. Section 2 introduces the force-based account of efforts according to which making an effort consists in exerting a force (...) so as to make an object move or stay at rest. Section 3 introduces three central distinctions stemming from the account: failed vs. successful efforts; resisted vs. unresisted efforts; and efforts vs. effortful actions. Section 4 presents a key objection, to the effect that the force-based theory cannot account for the difficulty of efforts: efforts usually feel difficult, but effort’s difficulty is not always a function of the magnitude of force(s) exerted. Section 5 argues that the most in-depth account of difficulty so far, that developed by Bradford ( 2015 ), cannot account for the difficulty of efforts. Sections 6 & 7 develop a novel account of effort’s difficulty. (shrink)

Psychometrics firms such as Cambridge Analytica (CA) and troll factories such as the Internet Research Agency (IRA) have had a significant effect on democratic politics, through narrow targeting of political advertising (CA) and concerted disinformation campaigns on social media (IRA) (U.S. Department of Justice 2019; Select Committee on Intelligence, United States Senate 2019; DiResta et al. 2019). It is natural to think that such activities manipulate individuals and, hence, are wrong. Yet, as some recent cases illustrate, the moral concerns with (...) these activities cannot be reduced simply to the effects they have on individuals. Rather, we will argue, the wrongness of these activities relates to the threats they present to the legitimacy of political orders. This occurs primarily through a mechanism we call “emergent manipulation,” rather than through the sort of manipulation that involves specific individuals. (shrink)

Some generic generalizations have both a descriptive and a normative reading. The generic sentence “Philosophers care about the truth”, for instance, can be read as describing what philosophers in fact care about, but can also be read as prescribing philosophers to care about the truth. On Leslie’s account, this generic sentence has two readings due to the polysemy of the kind term “philosopher”. In this paper, I first argue against this polysemy account of descriptive/normative generics. In response, a contextualist semantic (...) theory for generic sentences is introduced. Based on this theory, I argue that descriptive/normative generics are contextually underspecified. (shrink)

In recent years, educational institutions have started using the tools of commercial data analytics in higher education. By gathering information about students as they navigate campus information systems, learning analytics “uses analytic techniques to help target instructional, curricular, and support resources” to examine student learning behaviors and change students’ learning environments. As a result, the information educators and educational institutions have at their disposal is no longer demarcated by course content and assessments, and old boundaries between information used for assessment (...) and information about how students live and work are blurring. Our goal in this paper is to provide a systematic discussion of the ways in which privacy and learning analytics conflict and to provide a framework for understanding those conflicts. -/- We argue that there are five crucial issues about student privacy that we must address in order to ensure that whatever the laudable goals and gains of learning analytics, they are commensurate with respecting students’ privacy and associated rights, including (but not limited to) autonomy interests. First, we argue that we must distinguish among different entities with respect to whom students have, or lack, privacy. Second, we argue that we need clear criteria for what information may justifiably be collected in the name of learning analytics. Third, we need to address whether purported consequences of learning analytics (e.g., better learning outcomes) are justified and what the distributions of those consequences are. Fourth, we argue that regardless of how robust the benefits of learning analytics turn out to be, students have important autonomy interests in how information about them is collected. Finally, we argue that it is an open question whether the goods that justify higher education are advanced by learning analytics, or whether collection of information actually runs counter to those goods. (shrink)

Generic stereotypes are generically formulated generalizations that express a stereotype, like “Mexican immigrants are rapists” and “Muslims are terrorists.” Stereotypes like these are offensive and should not be asserted by anyone. Yet when someone does assert a sentence like this in a conversation, it is surprisingly difficult to successfully rebut it. The meaning of generic sentences is such that they can be true in several different ways. As a result, a speaker who is challenged after asserting a generic stereotype can (...) often simply dismiss the objection and maintain that the stereotype is true in a way that is compatible with the challenger’s objection. In this paper, a semantic theory for generics is presented that accounts for this type of defensive shifting in upholding generic stereotypes. This theory is then used to develop two strategies to object more efficiently. The first strategy is to immediately deny that either of the two possible ways in which a generic can be true obtains. The second strategy is to deny the satisfaction of an additional condition that is necessary for a generic sentence to be true. (shrink)

ABSTRACT: One important criticism of algorithmic systems is that they lack transparency. Such systems can be opaque because they are complex, protected by patent or trade secret, or deliberately obscure. In the EU, there is a debate about whether the General Data Protection Regulation (GDPR) contains a “right to explanation,” and if so what such a right entails. Our task in this chapter is to address this informational component of algorithmic systems. We argue that information access is integral for respecting (...) autonomy, and transparency policies should be tailored to advance autonomy. -/- To make this argument we distinguish two facets of agency (i.e., capacity to act). The first is practical agency, or the ability to act effectively according to one’s values. The second is what we call cognitive agency, which is the ability to exercise what Pamela Hieronymi calls “evaluative control” (i.e., the ability to control our affective states, such as beliefs, desires, and attitudes). We argue that respecting autonomy requires providing persons sufficient information to exercise evaluative control and properly interpret the world and one’s place in it. We draw this distinction out by considering algorithmic systems used in background checks, and we apply the view to key cases involving risk assessment in criminal justice decisions and K-12 teacher evaluation. -/- The link below is to an open access version of the chapter. (shrink)

This paper examines the practice of using predictive systems to lengthen the prison sentences of convicted persons when the systems forecast a higher likelihood of re-offense or re-arrest. There has been much critical discussion of technologies used for sentencing, including questions of bias and opacity. However, there hasn’t been a discussion of whether this use of predictive systems makes sense in the first place. We argue that it does not by showing that there is no plausible theory of punishment that (...) supports it. (shrink)

One primary goal for metaphysical theories of natural kinds is to account for their epistemic fruitfulness. According to cluster theories of natural kinds, this epistemic fruitfulness is grounded in the regular and stable co- occurrence of a broad set of properties. In this paper, I defend the view that such a cluster theory is insufficient to adequately account for the epistemic fruitfulness of kinds. I argue that cluster theories can indeed account for the projectibility of natural kinds, but not for (...) several other epistemic operations that natural kinds support. Natural kinds also play a role in scientific explanations and categorizations. A theory of natural kinds can only account for these additional kind-based epistemic practices if it also analyzes their causal structure. (shrink)

This paper defends the view that Newtonian forces are real, symmetrical and non-causal relations. First, I argue that Newtonian forces are real; second, that they are relations; third, that they are symmetrical relations; fourth, that they are not species of causation. The overall picture is anti-Humean to the extent that it defends the existence of forces as external relations irreducible to spatio-temporal ones, but is still compatible with Humean approaches to causation (and others) since it denies that forces are a (...) species of causation. (shrink)

“Big Data” and data analytics affect all of us. Data collection, analysis, and use on a large scale is an important and growing part of commerce, governance, communication, law enforcement, security, finance, medicine, and research. And the theme of this symposium, “Individual and Informational Privacy in the Age of Big Data,” is expansive; we could have long and fruitful discussions about practices, laws, and concerns in any of these domains. But a big part of the audience for this symposium is (...) students and faculty in higher education institutions (HEIs), and the subject of this paper is data analytics in our own backyards. Higher education learning analytics (LA) is something that most of us involved in this symposium are familiar with. Students have encountered LA in their courses, in their interactions with their law school or with their undergraduate institutions, instructors use systems that collect information about their students, and administrators use information to help understand and steer their institutions. More importantly, though, data analytics in higher education is something that those of us participating in the symposium can actually control. Students can put pressure on administrators, and faculty often participate in university governance. Moreover, the systems in place in HEIs are more easily comprehensible to many of us because we work with them on a day-to-day basis. Students use systems as part of their course work, in their residences, in their libraries, and elsewhere. Faculty deploy course management systems (CMS) such as Desire2Learn, Moodle, Blackboard, and Canvas to structure their courses, and administrators use information gleaned from analytics systems to make operational decisions. If we (the participants in the symposium) indeed care about Individual and Informational Privacy in the Age of Big Data, the topic of this paper is a pretty good place to hone our thinking and put into practice our ideas. (shrink)

The paper aims at clarifying the distinctions and relations between pain and suffering. Three negative theses are defended: 1. Pain and suffering are not identical. 2. Pain is not a species of suffering, nor is suffering a species of pain, nor are pain and suffering of a common (proximate) genus. 3. Suffering cannot be defined as the perception of a pain’s badness, nor can pain be defined as a suffered bodily sensation. Three positive theses are endorsed: 4. Pain and suffering (...) are categorically distinct: pain is a localised bodily episode, suffering is a non-localised affective attitude. 5. Suffering can be expressed, pains cannot. As a consequence, we can have compassion for the suffering of others, not for their pains. 6. The relation between pain and suffering is akin to the relation between danger and fear, injustice and indignation, wrongdoing and guilt: suffering is the correct reaction to pain. One upshot is that both the influential view that the experience of pain is incorrigible and the influential view that the ordinary conception of pain is paradoxical are false. (shrink)

Disputes at the intersection of national security, surveillance, civil liberties, and transparency are nothing new, but they have become a particularly prominent part of public discourse in the years since the attacks on the World Trade Center in September 2001. This is in part due to the dramatic nature of those attacks, in part based on significant legal developments after the attacks (classifying persons as “enemy combatants” outside the scope of traditional Geneva protections, legal memos by White House counsel providing (...) rationale for torture, the USA Patriot Act), and in part because of the rapid development of communications and computing technologies that enable both greater connectivity among people and the greater ability to collect information about those connections. -/- One important way in which these questions intersect is in the controversy surrounding bulk collection of telephone metadata by the U.S. National Security Agency. The bulk metadata program (the “metadata program” or “program”) involved court orders under section 215 of the USA Patriot Act requiring telecommunications companies to provide records about all calls the companies handled and the creation of database that the NSA could search. The program was revealed to the general public in June 2013 as part of the large document leak by Edward Snowden, a former contractor for the NSA. -/- A fair amount has been written about section 215 and the bulk metadata program. Much of the commentary has focused on three discrete issues. First is whether the program is legal; that is, does the program comport with the language of the statute and is it consistent with Fourth Amendment protections against unreasonable searches and seizures? Second is whether the program infringes privacy rights; that is, does bulk metadata collection diminish individual privacy in a way that rises to the level that it infringes persons’ rights to privacy? Third is whether the secrecy of the program is inconsistent with democratic accountability. After all, people in the general public only became aware of the metadata program via the Snowden leaks; absent those leaks, there would have not likely been the sort of political backlash and investigation necessary to provide some kind of accountability. -/- In this chapter I argue that we need to look at these not as discrete questions, but as intersecting ones. The metadata program is not simply a legal problem (though it is one); it is not simply a privacy problem (though it is one); and it is not simply a secrecy problem (though it is one). Instead, the importance of the metadata program is the way in which these problems intersect and reinforce one another. Specifically, I will argue that the intersection of the questions undermines the value of rights, and that this is a deeper and more far-reaching moral problem than each of the component questions. (shrink)

This article develops a framework for analyzing and comparing privacy and privacy protections across (inter alia) time, place, and polity and for examining factors that affect privacy and privacy protection. This framework provides a method to describe precisely aspects of privacy and context and a flexible vocabulary and notation for such descriptions and comparisons. Moreover, it links philosophical and conceptual work on privacy to social science and policy work and accommodates different conceptions of the nature and value of privacy. The (...) article begins with an outline of the framework. It then refines the view by describing a hypothetical application. Finally, it applies the framework to a real‐world privacy issue—campaign finance disclosure laws in the United States and France. The article concludes with an argument that the framework offers important advantages to privacy scholarship and for privacy policy makers. (shrink)

We study shared intentions in what we call “loose groups”. These are groups that lack a codified organizational structure, and where the communication channels between group members are either unreliable or not completely open. We start by formulating two desiderata for shared intentions in such groups. We then argue that no existing account meets these two desiderata, because they assume either too strong or too weak an epistemic condition, that is, a condition on what the group members know and believe (...) about what the others intend, know, and believe. We propose an alternative, pooled knowledge, and argue that it allows formulating conditions on shared intentions that meet the two desiderata. (shrink)

In order to understand the place Max Scheler occupied in the debates of his time around the notion of Europe, this article aims to shed some light on the possible convergences between Max Scheler and Rudolf Eucken, who was his thesis director at Jena. The article begins by outlining Rudolf Eucken's conception of Europe, then it identifies a number of points in common between the two authors, before finally measuring the extent of these convergences in Scheler's conception of Europe. At (...) the end of the discussion, it appears that the reception of Augustinianism and a shared conception of community reveal interesting links between the two authors. This connection will give the twenty-first-century reader a better understanding of the framework in which Max Scheler's reflections on Europe are set. (shrink)

There is increasing concern about “surveillance capitalism,” whereby for-profit companies generate value from data, while individuals are unable to resist (Zuboff 2019). Non-profits using data-enabled surveillance receive less attention. Higher education institutions (HEIs) have embraced data analytics, but the wide latitude that private, profit-oriented enterprises have to collect data is inappropriate. HEIs have a fiduciary relationship to students, not a narrowly transactional one (see Jones et al, forthcoming). They are responsible for facets of student life beyond education. In addition to (...) classrooms, learning management systems, and libraries, HEIs manage dormitories, gyms, dining halls, health facilities, career advising, police departments, and student employment. HEIs collect and use student data in all of these domains, ostensibly to understand learner behaviors and contexts, improve learning outcomes, and increase institutional efficiency through “learning analytics” (LA). ID card swipes and Wi-Fi log-ins can track student location, class attendance, use of campus facilities, eating habits, and friend groups. Course management systems capture how students interact with readings, video lectures, and discussion boards. Application materials provide demographic information. These data are used to identify students needing support, predict enrollment demands, and target recruiting efforts. These are laudable aims. However, current LA practices may be inconsistent with HEIs’ fiduciary responsibilities. HEIs often justify LA as advancing student interests, but some projects advance primarily organizational welfare and institutional interests. Moreover, LA advances a narrow conception of student interests while discounting privacy and autonomy. Students are generally unaware of the information collected, do not provide meaningful consent, and express discomfort and resigned acceptance about HEI data practices, especially for non-academic data (see Jones et al. forthcoming). The breadth and depth of student information available, combined with their fiduciary responsibility, create a duty that HEIs exercise substantial restraint and rigorous evaluation in data collection and use. (shrink)

Public and research libraries have long provided resources in electronic formats, and the tension between providing electronic resources and patron privacy is widely recognized. But assessing trade-offs between privacy and access to electronic resources remains difficult. One reason is a conceptual problem regarding intellectual freedom. Traditionally, the LIS literature has plausibly understood privacy as a facet of intellectual freedom. However, while certain types of electronic resource use may diminish patron privacy, thereby diminishing intellectual freedom, the opportunities created by such resources (...) also appear liberty-enhancing. Adjudicating between privacy loss and enhanced opportunities on intellectual freedom grounds must therefore provide an account of intellectual freedom capable of addressing both privacy and opportunity. I will argue that intellectual freedom is a form of positive freedom, where a person’s freedom is a function of the quality of her agency. Using this view as the lodestar, I articulate several principles for assessing adoption of electronic resources and privacy protections. (shrink)

Despite widespread agreement that privacy in the context of education is important, it can be difficult to pin down precisely why and to what extent it is important, and it is challenging to determine how privacy is related to other important values. But that task is crucial. Absent a clear sense of what privacy is, it will be difficult to understand the scope of privacy protections in codes of ethics. Moreover, privacy will inevitably conflict with other values, and understanding the (...) values that underwrite privacy protections is crucial for addressing conflicts between privacy and institutional efficiency, advising efficacy, vendor benefits, and student autonomy. -/- My task in this paper is to seek a better understanding of the concept of privacy in institutional research, canvas a number of important moral values underlying privacy generally (including several that are explicit in the AIR Statement), and examine how those moral values should bear upon institutional research by considering several recent cases. (shrink)

This is a study of the treatment of library patron privacy in licenses for electronic journals in academic libraries. We begin by distinguishing four facets of privacy and intellectual freedom based on the LIS and philosophical literature. Next, we perform a content analysis of 42 license agreements for electronic journals, focusing on terms for enforcing authorized use and collection and sharing of user data. We compare our findings to model licenses, to recommendations proposed in a recent treatise on licenses, and (...) to our account of the four facets of intellectual freedom. We find important conflicts with each. (shrink)

This chapter defends an axiological theory of pain according to which pains are bodily episodes that are bad in some way. Section 1 introduces two standard assumptions about pain that the axiological theory constitutively rejects: (i) that pains are essentially tied to consciousness and (ii) that pains are not essentially tied to badness. Section 2 presents the axiological theory by contrast to these and provides a preliminary defense of it. Section 3 introduces the paradox of pain and argues that since (...) the axiological theory takes the location of pain at face value, it needs to grapple with the privacy, self-intimacy and incorrigibility of pain. Sections 4, 5 and 6 explain how the axiological theory may deal with each of these. (shrink)

This paper defends hedonic intentionalism, the view that all pleasures, including bodily pleasures, are directed towards objects distinct from themselves. Brentano is the leading proponent of this view. My goal here is to disentangle his significant proposals from the more disputable ones so as to arrive at a hopefully promising version of hedonic intentionalism. I mainly focus on bodily pleasures, which constitute the main troublemakers for hedonic intentionalism. Section 1 introduces the problem raised by bodily pleasures for hedonic intentionalism and (...) some of the main reactions to it. Sections 2 and 3 rebut two main approaches equating bodily pleasures with non- intentional episodes. More precisely, section 2 argues that bodily pleasures cannot be purely non-intentional self-conscious feelings, by relying on Brentano’s objection to Hamilton’s theory of pleasure. Section 3 argues that bodily pleasures cannot be non-intentional sensory qualities by relying on Brentano’s objections to Stumpf’s theory of pleasure. Section 4 develops a brentanian view of the intentionality of bodily pleasures by claiming bodily pleasures are directed at a sui generis class of sensory qualities. Section 5 presents an objection to Brentano’s later theory of pleasure according to which all sensory pleasures are directed at sensing acts. (shrink)

In discussions of state surveillance, the values of privacy and security are often set against one another, and people often ask whether privacy is more important than national security.2 I will argue that in one sense privacy is more important than national security. Just what more important means is its own question, though, so I will be more precise. I will argue that national security rationales cannot by themselves justify some kinds of encroachments on individual privacy (including some kinds that (...) the United States has conducted). Specifically, I turn my attention to a recent, well publicized, and recently amended statute (section 215 of the USA Patriot Act3), a surveillance program based on that statute (the National Security Agency’s bulk metadata collection program), and a recent change to that statute that addresses some of the public controversy surrounding the surveillance program (the USA Freedom Act).4 That process (a statute enabling surveillance, a program abiding by that statute, a public controversy, and a change in the law) looks like a paradigm case of law working as it should; but I am not so sure. While the program was plausibly legal, I will argue that it was morally and legally unjustifiable. Specifically, I will argue that the interpretations of section 215 that supported the program violate what Jeremy Waldron calls “legal archetypes,”5 and that changes to the law illustrate one of the central features of legal archetypes and violation of legal archetypes. The paper proceeds as follows: I begin in Part 1 by setting out what I call the “basic argument” in favor of surveillance programs. This is strictly a moral argument about the conditions under which surveillance in the service of national security can be justified. In Part 2, I turn to section 215 and the bulk metadata surveillance program based on that section. I will argue that the program was plausibly legal, though based on an aggressive, envelope-pushing interpretation of the statute. I conclude Part 2 by describing the USA Freedom Act, which amends section 215 in important ways. In Part 3, I change tack. Rather than offering an argument for the conditions under which surveillance is justified (as in Part 1), I use the discussion of the legal interpretations underlying the metadata program to describe a key ambiguity in the basic argument, and to explain a distinct concern in the program. Specifically that it undermines a legal archetype. Moreover, while the USA Freedom Act does not violate legal archetypes, and hence meets a condition for justifiability, it helps illustrate why the bulk metadata program did violate archetypes. (shrink)

What is the contrary of pleasure? “Pain” is one common answer. This paper argues that pleasure instead has two natural contraries: unpleasure and hedonic indifference. This view is defended by drawing attention to two often-neglected concepts: the formal relation of polar opposition and the psychological state of hedonic indifference. The existence of mixed feelings, it is argued, does not threaten the contrariety of pleasure and unpleasure.

The claim to be defended may be called phenomenological neutral monism: phenomenological neutral monism about perception (or selfless perception): ordinary perception does not intrinsically present us with the distinction between itself and its objects, that is, with the fact that its objects exist (or seem to exist) independently of the perceptual act.

Ingvar Johansson has argued that there are not only determinate universals, but also determinable ones. I here argue that this view is misguided by reviving a line of argument to the following effect: what makes determinates falling under a same determinable similar cannot be distinct from what makes them different. If true, some similarities — imperfect similarities between simple determinate properties — are not grounded in any kind of property-sharing. I suggest that determinables are better understood as maximal disjunctions of (...) brutely and imperfectly similar determinates. Such brute similarities have been thought to clash with realism about universals. I argue that this worry stems from the mistaken assumption that perfect and imperfect similarities are relations of a same kind. If exact and inexact resemblances are distinct and heterogeneous explananda, the realist about universals might explain the first thanks to property-sharing, while happily leaving imperfect similarities between properties unexplained. (shrink)

Although widely used across psychology, economics, and philosophy, the concept ofeffort is rarely ever defined. This article argues that the time is ripe to look for anexplicit general definition of effort, makes some proposals about how to arrive at thisdefinition, and suggests that a force-based approach is the most promising. Section 1presents an interdisciplinary overview of some chief research axes on effort, and arguesthat few, if any, general definitions have been proposed so far. Section 2 argues thatsuch a definition is (...) now needed and proposes a basic methodology to arrive at it, whosefirst step is to make explicit the various tacit assumptions about effort made acrosssciences and ordinary thinking. Section 3 unearths 4 different conceptions of effortfrom research on effort so far:primitive-feelings accounts,comparator-based accounts,resource-based accountsandforce-based accounts. It is then argued that the first 2kinds of accounts, although interesting in their own right, are not strictly speaking abouteffort. Section 4 considers the 2 most promising general approaches to efforts: re-source-based and force-based accounts. It argues that these accounts are not only compatible but actually extensionally equivalent. This notwithstanding, it explains why force-based accounts should be regarded as more fundamental than resource-basedaccounts -/- . (shrink)

I shall defend the view that the experience of resistance gives us a direct phenomenal access to the mind-independence of perceptual objects. In the first part, I address an objection against the very possibility of experiencing mind-independence. The possibility of an experience of mind-independence being secured, I argue in the second part that the experience of resistance is the kind of experience by which we access mind-independence.

This paper defends a realist account of the composition of Newtonian forces, dubbed ‘residualism’. According to residualism, the resultant force acting on a body is identical to the component forces acting on it that do not prevent each other from bringing about its acceleration. Several reasons to favor residualism over alternative accounts of the composition of forces are advanced. (i) Residualism reconciles realism about component forces with realism about resultant forces while avoiding any threat of causal overdetermination. (ii) Residualism provides (...) a systematic semantics for the term ‘force’ within Newtonian mechanics. (iii) Residualism allows us to precisely apportion the causal responsibility of each component force in the ensuing acceleration. (iv) Residualism handles special cases such as null forces, single forces, and antagonistic forces in a natural way. (v) Residualism provides a neat picture of the causal powers of forces: each force essentially has two causal powers⎯the power to bring about accelerations (sometimes together with other co-directionnal forces) and the power to prevent other forces from doing so⎯exactly one of which is manifested at a time. (vi) Residualism avoids commitment to unobservable effects of forces: forces cause either stresses (tensile or compressive) or accelerations. (shrink)

We sometimes experience pleasures and displeasures simultaneously: whenever we eat sfogliatelle while having a headache, whenever we feel pain fading away, whenever we feel guilty pleasure while enjoying listening to Barbara Streisand, whenever we are savouring a particularly hot curry, whenever we enjoy physical endurance in sport, whenever we are touched upon receiving a hideous gift, whenever we are proud of withstanding acute pain, etc. These are examples of what we call " mixed feelings ". Mixed feelings are cases in (...) which one and the same person experiences pleasure and displeasure at the same time. Mixed feelings raise two questions: (1) If pleasure and displeasure are contraries, how can mixed feelings be possible? (2) Does the excess of pleasure (or displeasure) that we feel when experiencing mixed feelings itself constitute a new feeling, that results from the co-occurrence of the first two? I will argue (1) that mixed feelings are possible and that their existence does not threaten the contrariety of pleasure and displeasure, and (2) that there are no resultant feelings: having a lot of pleasure and a little displeasure does not result in having additional mild pleasure. Finally, I will suggest (3) that although both false, scepticism towards the existence of mixed feelings, as well as the idea according to which resultant feelings exist, are inspired from a single and correct idea: that pleasure and displeasure do fuse in some cases. (shrink)

Can one refute Berkeleyan phenomenalism by arguing that sensory objects seem mind-independent, and that, according to Berkeley, experience is to be taken at face value? Relying on Mackie’s recent discussion of the issue, I argue, first, that phenomenalism cannot be straightforwardly refuted by relying on perceptual or bodily experience of mind-independence together with the truthfulness of experience. However, I maintain, second that phenomenalism can be indirectly refuted by appealing to the bodily experience of resistance. Such experience presents us with the (...) causal activity of the resisting physical object. If experience is truthful, as the phenomenalist has it, physical objects are causally active. But then their effects no longer depend on our perceiving them, on pain of overdetermination. (shrink)

Several philosophers have recently tried to define natural kinds in epistemic terms only. Given the persistent problems with finding a successful metaphysical theory, these philosophers argue that we would do better to describe natural kinds solely in terms of their epistemic usefulness, such as their role in supporting inductive inferences. In this paper, I argue against these epistemology-only theories of natural kinds and in favor of, at least partly, metaphysical theories. I do so in three steps. In the first section (...) of the paper, I propose two desiderata for a theory of natural kinds. In the second section, I discuss one example of a ‘general’ epistemology-only theory, proposed by Marc Ereshefsky and Thomas Reydon, and argue that theories like theirs fail to provide adequate criteria of natural kinds. In the third section, I focus on one example of a ‘specific’ epistemology-only theory, proposed by P. D. Magnus, and use it to show why such theories cannot justify the claim that the proposed epistemic criteria account for the naturalness of kinds. (shrink)

On entend par survenance moral la thèse selon laquelle, nécessairement, si deux entités sont parfaitement similaires en ce qui concerne toutes leurs propriétés non-morales, elles sont parfaitement similaires en ce qui concerne leurs propriétés morales. En dépit de son apparente simplicité, cette définition pose de nombreux problèmes. Ainsi, alors que la survenance morale est souvent présentée comme l’une des rares thèses faisant consensus en philosophie, il s’avère à y regarder de près que son interprétation varie grandement selon les philosophes. Trois (...) questions, en particulier, demandent à être éclaircies, sur lesquelles nous nous concentrerons ici : 1. On fait souvent appel à la survenance dans le but d’expliquer les propriétés morales. Mais à strictement parler, la survenance ne revêt par elle-même aucun caractère explicatif : quelle relation la survenance morale entretient-elle avec la relation de fondation ou d’explication morale ? 2. On tient la survenance morale pour une thèse consensuelle, mais on s’accorde peu sur la base de survenance des valeurs morales6. D’aucuns la restreignent à des propriétés naturelles ; d’autres y incluent des propriétés non-naturelles, pour peu qu’elles ne soient pas normatives ; d’autres encore y incluent des propriétés normatives, pour peu qu’elles ne soient pas morales ; d’autres enfin y incluent les principes moraux eux-mêmes. Que recouvre exactement la base de survenance des propriétés morales ? La survenance est une thèse modale (« nécessairement... »). Mais quelle modalité entre-t-elle ici en jeu ? La nécessité qui sous-tend la survenance morale est-elle métaphysique, conceptuelle, normative...? (shrink)

To be optimistic, it is standardly assumed, is to have positive expectations. I here argue that this definition is correct but captures only one variety of optimism – here called factual optimism. It leaves out two other important varieties of optimism. The first – focal optimism – corresponds to the idea of seeing the glass half full. The second – axiological optimism – consists in the view that good is stronger than bad. Those three varieties of optimism are irreducible to (...) each other and do not belong to a common kind. I define each of these, characterize their respective correctness conditions, and contrast hope with optimism. (shrink)

The fifth edition of the Diagnostic and Statistical Manual of Mental Disorders was published in 2013. This manual classifies all known mental disorders and provides operationalized criteria for their diagnosis. The goal of this manual is to facilitate communication, treatment and research with reliable and valid diagnoses. This article will provide a study of what this diagnostic validity actually entails. Firstly, it will include a discussion of the different conceptions of validity that have appeared in the literature so far. To (...) decide between these different conceptions, diagnostic validity will be defined as ”picking out a natural kind’. Secondly, two different accounts of natural and psychiatric kinds are examined, namely, essentialism and pragmatism. Both of these will be rejected in favor of conceiving natural kinds as causal-epistemic kinds. Thirdly, it is argued that the multidimensional complexity of psychiatric disorders does not exclude the possibility of psychiatric kinds being natural kinds. However, pragmatic considerations in classifying disorders have meant that the DSM most likely does not distinguish causal-epistemic kinds very well. I argue that the need to have a single classification both for clinicians and researchers and the priority given to reliability rather than validity has ultimately compromised the diagnostic validity of the DSM. (shrink)

The thesis defended, the “guise of the ought”, is that the formal objects of desires are norms (oughts to be or oughts to do) rather than values (as the “guise of the good” thesis has it). It is impossible, in virtue of the nature of desire, to desire something without it being presented as something that ought to be or that one ought to do. This view is defended by pointing to a key distinction between values and norms: positive and (...) negative norms (obligation and interdiction) are interdefinable through negation; positive and negative values aren’t. This contrast between the norms and values, it is argued, is mirrored, within the psychological realm, by the contrast between the desires and emotions. Positive and negative desires are interdefinable through negation, but positive and negative emotions aren’t. The overall, Meinongian picture suggested is that norms are to desires what values are to emotions. (shrink)

One common answer to the question of the unity of pleasures is to try to define pleasantness by appealing to a kind of mental states whose unity is less questionable. Desires have been conceived as the best candidates for this unifying role. Indeed, one way of classifying the preceding options concerning the definition of pleasantness, is to constrast conative (or motivational) theories of pleasure with non conative ones. Conative theories of pleasure are often considered as one homogeneous type of pleasure (...) reductionism1. But there are indeed two importantly distinct way of defined pleasure with the help of desire: one can define pleasures as objects of desires (D7) or as satisfactions of desires (D8). For convenience, I shall call desirabilist the theory of the first kind (D7) and satisfactionist the theories of the second kind (D8). In the following, I shall argue that both these options fail. On the assumption that D7 and D8 are the only desired-based account of pleasure, this implies that pleasure can’t be reduced to desire. (shrink)

I defend the view that the experience of resistance gives us a direct phenomenal access to the mind-independence of perceptual objects. In the first part, I address a humean objection against the very possibility of experiencing existential mind-independence. The possibility of an experience of mind-independence being secured, I argue in the second part that the experience of resistance is the only kind of experience by which we directly access existential mind-independence.

Deux choses sont en contact s'il n'y a rien entre elles (ni volume, ni ligne, ni point) et qu'elles ne se chevauchent pas (en un volume, un ligne ou un point). Le contact est la limite de proximité des choses : si deux choses sont en contact, deux autres choses ne peuvent être pas être plus près l'une de l'autre sans se pénétrer.

The current metaphysical race debate is very much focused on the realism question whether races exist. In this paper I argue against the importance of this question. Philosophers, biologists and anthropologists expect that answering this question will tell them something substantive about the metaphysics of racial classifications, and will help them to decide whether it is justified to use racial categories in scientific research and public policy. I argue that there are two reasons why these expectations are not fulfilled. First (...) of all, the realism question about race leads to a very broad philosophical debate about the semantics of general terms and the criteria for real kinds, rather than to a debate about the metaphysics of racial categories specifically. Secondly, there is a type of race realism that is so toothless that it is almost completely uninformative about the metaphysics of race. In response to these worries, I argue that the metaphysical race debate should rather be focused on the question in what way and to what extent ‘racial’ distinctions can ground the epistemic practices of various scientific disciplines. I spell out what I mean by this and go on to demonstrate that trying to answer this question leads to a more fruitful metaphysical debate. (shrink)