In 1685, in The Art of Discovery, Leibniz set down an extraordinary idea: "The only way to rectify our reasonings is to make them as tangible as those of the Mathematicians, so that we can find our error at a glance, and when there are disputes among persons, we can simply say: Let us calculate [calculemus], without further ado, to see who is right." Calculemus.

By understanding the sense in which Sextus thinks reason is deceptive we may clarify his attitude towards ordinary life. The deception, like that of the Siren's song, is practical rather than epistemic. It is not a matter of leading us to assent to false or unjustified conclusions but is rather a distraction from, or even corruption of, ordinary life.

Several important philosophical problems (including the problems of perception, free will, and scepticism) arise from antinomies that are developed through philosophical paradoxes. The critical strand of ordinary language philosophy (OLP), as practiced by J.L. Austin, provides an approach to such ‘antinomic problems’ that proceeds from an examination of ‘ordinary language’ (how people ordinarily talk about the phenomenon of interest) and ‘common sense’ (what they commonly think about it), and deploys findings to show that the problems at issue are (...) artefacts of fallacious reasoning. The approach is capable, and in need of, empirical development. Proceeding from a case-study on Austin’s paradigmatic treatment of the problem of perception, this paper identifies the key empirical assumptions informing the approach, assesses them in the light of empirical findings about default inferences, contextualisation failures, and belief fragmentation, and explores how these findings can be deployed to address the problem of perception. This facilitates a novel resolution of the problem of perception. Proceeding from this paradigm, the paper proposes ‘experimental critical OLP’ as a new research program in experimental philosophy that avoids apparent non-sequiturs of OLP, extends and transforms experimental philosophy’s ‘sources program’, and provides a promising new strategy for deploying empirical findings about how people ordinarily talk and think about phenomena, to address longstanding philosophical problems. (shrink)

Many hold that theoretical reasoning aims at truth. In this paper, I ask what it is for reasoning to be thus aim-directed. Standard answers to this question explain reasoning’s aim-directedness in terms of intentions, dispositions, or rule-following. I argue that, while these views contain important insights, they are not satisfactory. As an alternative, I introduce and defend a novel account: reasoning aims at truth in virtue of being the exercise of a distinctive kind of cognitive power, (...) one that, unlike ordinary dispositions, is capable of fully explaining its own exercises. I argue that this account is able to avoid the difficulties plaguing standard accounts of the relevant sort of mental teleology. (shrink)

This paper explores various subtleties in our ordinary thought and talk about normative reasons—subtleties which, if taken seriously, have various upshots, both substantive and methodological. I focus on two subtleties in particular. The first concerns the use of reason (in its normative sense) as both a count noun and as a mass noun, and the second concerns the context-sensitivity of normative reasons-claims. The more carefully we look at the language of reasons, I argue, the clearer its limitations and liabilities (...) become. The cumulative upshot is that although talk of reasons is intelligible and useful for the purposes of communication, we should be wary of placing much weight on it when engaging in substantive normative inquiry. By way of illustration, I consider some potential pitfalls of taking our talk of reasons too seriously, explaining how careful attention to the language of reasons undermines the main argument for moral particularism, Mark Schroeder’s recent defense of Humeanism about practical reasons, and the “reasons-first” program in metanormativity. (shrink)

Frege supposedly believes that vague predicates have no referent (Bedeutung). But given other things he evidently believes, such a position would seem to commit him to a suspect nihilism according to which assertoric sentences containing vague predicates are neither true nor false. I argue that we have good reason to resist ascribing to Frege the view that vague predicates have no Bedeutung and thus good reason to resist seeing him as committed to the suspect nihilism. In the process, I call (...) attention to several under-appreciated texts in which Frege suggests that a vague predicate, though lacking a Bedeutung of its own, can come to acquire a Bedeutung in certain contexts. The upshot of this suggestion is that vague predicates can serve the purposes of ordinary communication quite well, even if they are useless for logical purposes. (shrink)

Faith is a central attitude in Christian religious practice. The problem of faith and reason is the problem of reconciling religious faith with the standards for our belief-forming practices in general (‘ordinary epistemic standards’). In order to see whether and when faith can be reconciled with ordinary epistemic standards, we first need to know what faith is. This chapter examines and catalogues views of propositional faith: faith that p. It is concerned with the epistemology of such faith: what (...) cognitive attitudes does such faith require, what epistemic norms govern these attitudes, and whether Christian faith can ever adhere to them. (shrink)

This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, two (...) competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. -/- It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm—it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. (shrink)

According to the moral standards most of us accept and live by, morality generally permits us to refrain from promoting the good of others and instead engage in non-harmful projects of our own choice. This aspect of so-called ‘ordinary morality’ has turned out to be very difficult to justify. Recently, though, various authors, including Bernard Williams and Samuel Scheffler, have proposed “Integrity Theories” that would vindicate this aspect of ordinary morality, at least in part. They are generated by (...) treating as a default some moral theory, like consequentialism, that demands that we do a great deal of good. The theory is then modified so as to make room for individuals to pursue the projects they value most deeply, and perhaps their trivial interests as well—i.e., so as to respect individual integrity. This paper presupposes that Integrity Theories are correct and that, for the reasons given by others, they can explain why morality should grant us agent-centered prerogatives to pursue our own projects and interests. The goal is to extend this work in two respects. First, it will be shown that previous authors have not paid sufficient attention to ordinary morality’s conflicting pronouncements about agent-centered prerogatives. Second, it is argued that Integrity Theories can vindicate those conflicting intuitions by positing a special kind of obligations, relievable obligations. (shrink)

In this article I seek to come to some understanding of the interlocutors in the first book of Plato’s Republic, particularly Cephalus. A more complete view of Cephalus not only provides some interesting ways to think about Plato and the Republic, but also suggests an interesting alternative to Plato’s view of justice. The article will progress as follows: First, I discuss Plato’s allegory of the cave. I, then, critique the cave allegory by applying the same kind of reasoning that (...) O. K. Bouwsma used to criticize Descartes’ evil genius. Next, I present what I think is a fruitful way to understand Cephalus. Finally, I draw some important conclusions regarding justice and offer some interesting critiques of Plato and Platonism. (shrink)

This paper defends a challenge, inspired by arguments drawn from contemporary ordinary language philosophy and grounded in experimental data, to certain forms of standard philosophical practice. The challenge is inspired by contemporary philosophers who describe themselves as practicing “ordinary language philosophy”. Contemporary ordinary language philosophy can be divided into constructive and critical approaches. The critical approach to contemporary ordinary language philosophy has been forcefully developed by Avner Baz, who attempts to show that a substantial chunk of (...) contemporary philosophy is fundamentally misguided. I describe Baz’s project and argue that while there is reason to be skeptical of its radical conclusion, it conveys an important truth about discontinuities between ordinary uses of philosophically significant expressions (“know”, e.g.) and their use in philosophical thought experiments. I discuss some evidence from experimental psychology and behavioral economics indicating that there is a risk of overlooking important aspects of meaning or misinterpreting experimental results by focusing only on abstract experimental scenarios, rather than employing more diverse and more ecologically valid experimental designs. I conclude by presenting a revised version of the critical argument from ordinary language. (shrink)

The reasonable person standard is key to both Criminal Law and Torts. What does and does not count as reasonable behavior and decision-making is frequently deter- mined by lay jurors. Hence, laypeople’s understanding of the term must be considered, especially whether they use it predominately in an evaluative fashion. In this corpus study based on supervised machine learning models, we investigate whether laypeople use the expression ‘reasonable’ mainly as a descriptive, an evaluative, or merely a value-associated term. We find that (...) ‘reasonable’ is predicted to be an evaluative term in the majority of cases. This supports prescriptive accounts, and challenges descriptive and hybrid accounts of the term—at least given the way we operationalize the latter. Interestingly, other expressions often used interchangeably in jury instructions (e.g. ‘careful,’ ‘ordinary,’ ‘prudent,’ etc), however, are predicted to be descriptive. This indicates a discrepancy between the intended use of the term ‘reasonable’ and the understanding lay jurors might bring into the court room. (shrink)

Normative explanations, which specify why things have the normative features they do, are ubiquitous in normative theory and ordinary thought. But there is much less work on normative explanation than on scientific or metaphysical explanation. Skow (2016) argues that a complete answer to the question why some fact Q occurs consists in all of the reasons why Q occurs. This paper explores this theory as a case study of a general theory that promises to offer us a grip on (...) normative explanation which is independent of particular normative theories. I first argue that the theory doesn’t give an adequate account of certain enablers of reasons which are important in normative explanation. I then formulate and reject three responses on behalf of the theory. But I suggest that since theories of this general sort have the right kind of resources to illuminate how normative explanation might be similar to and different from explanations in other domains, they nonetheless merit further exploration by normative theorists. (shrink)

Temporal externalists argue that ascriptions of thought and utterance content can legitimately reflect contingent conceptual developments that are only settled after the time of utterance. While the view has been criticized for failing to accord with our “ordinary linguistic practices”, such criticisms (1) conflate our ordinary ascriptional practices with our more general beliefs about meaning, and (2) fail to distinguish epistemically from pragmatically motivated linguistic changes. Temporal externalism relates only to the former sort of changes, and the future (...) usage relevant to what we mean reflects reason-driven practices that are rational for us to defer to. (shrink)

Bayesian epistemology tells us with great precision how we should move from prior to posterior beliefs in light of new evidence or information, but says little about where our prior beliefs come from. It offers few resources to describe some prior beliefs as rational or well-justified, and others as irrational or unreasonable. A different strand of epistemology takes the central epistemological question to be not how to change one’s beliefs in light of new evidence, but what reasons justify a given (...) set of beliefs in the first place. We offer an account of rational belief formation that closes some of the gap between Bayesianism and its reason-based alternative, formalizing the idea that an agent can have reasons for his or her (prior) beliefs, in addition to evidence or information in the ordinary Bayesian sense. Our analysis of reasons for belief is part of a larger programme of research on the role of reasons in rational agency (Dietrich and List, Nous, 2012a, in press; Int J Game Theory, 2012b, in press). (shrink)

The standard view says that epistemic normativity is normativity of belief. If you’re an evidentialist, for example, you’ll think that all epistemic reasons are reasons to believe what your evidence supports. Here we present a line of argument that pushes back against this standard view. If the argument is right, there are epistemic reasons for things other than belief. The argument starts with evidentialist commitments and proceeds by a series of cases, each containing a reason. As the cases progress, the (...) reasons change from counting in favor of things like having a belief to things like performing ordinary actions. We argue that each of those reasons is epistemic. If the argument succeeds, we should think there are epistemic reasons to consider hypotheses, conduct thought and physical experiments, extend one’s evidence, and perform mundane tasks like eating a sandwich, just as there are epistemic reasons to believe what one’s evidence supports. (shrink)

This paper takes a closer look at ordinary thought and talk about motivating reasons, in an effort to better understand how it works. This is an important first step in understanding whether—and if so, how—such thought and talk should inform or constrain our substantive theorizing. One of the upshots is that ordinary judgments about motivating reasons are at best a partial and defeasible guide to what really matters, and that so-called factualists, propositionalists, and statists are all partly right, (...) as well as partly wrong, when it comes to the question of what motivating reasons “are”. (shrink)

The paper builds on a methodological idea from experimental philosophy and on findings from psycholinguistics, to develop and defend ordinary language analysis (OLA) as practiced in J.L. Austin’s Sense and Sensibilia. That attack on sense-datum theories of perception focuses on the argument from illusion. Through a case-study on this paradoxical argument, the present paper argues for a form of OLA which is psychologically informed, seeks to expose epistemic, rather than semantic, defects in paradoxical arguments, and is immune to the (...) main objections to ordinary language philosophising, including those arising from the semantic/pragmatics distinction: A key project in current experimental philosophy is to develop psychological explanations of philosophically relevant intuitions that help us determine what warrant thinkers have for accepting them. Psycholinguistic work on the role of stereotypes in verb-comprehension has shown that intuitive judgments can be generated by automatic cognitive processes that duplicate both semantic and pragmatic inferences and are shaped by dominant uses of words. For systematic reasons, philosophers are prone to unwittingly deviate from such dominant uses. Where this happens, they are liable to automatically infer unwarranted conclusions that strike them as intuitively compelling. OLA helps us to determine those dominant uses, to identify unwitting deviations from them, and thus to expose unwarranted intuitions – e.g., in the premises of paradoxical arguments. Ordinary language does not determine the bounds of sense but shapes our leaps of thought. The paper shows how this enables its ‘Austinian’ analysis to contribute to a novel, epistemic, resolution of philosophical paradoxes and problems. (shrink)

I accomplish two things in this paper. I explain the motivation for including experimental research in philosophical projects on epistemic reasons and the basing relation. And I present the first experimental contributions to these projects. The results from two experiments advance our understanding of the ordinary concepts of reasons and basing and set the stage for further research on the topics. More specifically, the results support a causal theory of the basing relation, according to which reasons are causes, and (...) a dualist theory of epistemic reasons, according to which reasons include both psychological and non-psychological items. (shrink)

The burgeoning science of ethics has produced a trend toward pessimism. Ordinary moral thought and action, we’re told, are profoundly influenced by arbitrary factors and ultimately driven by unreasoned feelings. This book counters the current orthodoxy on its own terms by carefully engaging with the empirical literature. The resulting view, optimistic rationalism, shows the pervasive role played by reason, and ultimately defuses sweeping debunking arguments in ethics. The science does suggest that moral knowledge and virtue don’t come easily. However, (...) despite the heavy influence of automatic and unconscious processes that have been shaped by evolutionary pressures, we needn’t reject ordinary moral psychology as fundamentally flawed or in need of serious repair. Reason can be corrupted in ethics just as in other domains, but a special pessimism about morality in particular is unwarranted. Moral judgment and motivation are fundamentally rational enterprises not beholden to the passions. (shrink)

J.L. Austin argues that ordinary language should be used to identify when it is appropriate or inappropriate to make, accept, or reject knowledge claims. I criticize Austin’s account: In our ordinary life, we often accept justifications rooted in racism, sexism, ableism, and classism as reasons to dismiss knowledge claims or challenges, despite the fact such reasons are not good reasons. Austin’s Ordinary Language Epistemology (OLE) classifies the discounting of knowledge claims in classic cases of epistemic injustice as (...) legitimate ordinary maneuvers. I provide recommendations for revision of OLE and offer a means of distinguishing between dismissals in cases of epistemic injustice and their legitimate counterparts. (shrink)

Mobsters and others engaged in risky forms of social coordination and coercion often communicate by saying something that is overtly innocuous but transmits another message ‘off record’. In both ordinary conversation and political discourse, insinuation and other forms of indirection, like joking, offer significant protection from liability. However, they do not confer blanket immunity: speakers can be held to account for an ‘off record’ message, if the only reasonable interpreta- tions of their utterance involve a commitment to it. Legal (...) liability for speech in the service of criminal behavior displays a similar profile of significant protection from indirection along with potential liability for reasonable interpretations. Specifically, in both ordinary and legal contexts, liability depends on how a reasonable speaker would expect a reasonable hearer to interpret their utterance in the context of utter- ance, rather than on the actual speaker’s claimed communicative intentions. (shrink)

Sentencing outcomes turn on moral and evaluative determinations. For example, a finding of “irreparable corruption” is generally a precondition for juvenile life without parole. A finding that the “aggravating factors outweigh the mitigating factors” determines whether a defendant receives the death penalty. Should such moral determinations that expose defendants to extraordinary penalties be subject to a standard of proof? A broad range of federal and state courts have purported to decide this issue “in the abstract and without reference to our (...) sentencing case law,” as the Supreme Court recently put it. Kansas v. Carr, 577 U.S. 108, 119 (2016). According to these courts, “it would mean nothing” to ask whether the defendant “deserves mercy beyond a reasonable doubt” or “more-likely-than-not deserves it” because moral questions are not “factual.” Instead, moral determinations are highly subjective “value calls” to which concepts of doubt and certainty do not intelligibly apply. -/- Implicit in these rulings is a controversial view of the nature of moral judgment. This Article traces the contours of the view and argues that it is out of step with the way the broader public thinks about morality and fails to address the issues defendants have raised. Courts should avoid wading into such controversial waters for two reasons. First, the judiciary has historically maintained neutrality on issues of significant public concern. Second, even if moral determinations are not factual, applying a standard of proof to at least some moral decisions at sentencing would change the outcome of the sentencer’s deliberations, and improve the legitimacy of the legal system. For the reasonableness of doubt depends on context; and moral questions—"are you certain the defendant deserves death?”—make salient the stakes relative to which a person should decide what to believe about ordinary empirical matters. On the resulting view, reasonable doubt in the final moral analysis is not just intelligible, but essential for correcting a bias in the structure of the bifurcated criminal trial that systematically disadvantages defendants: the tendency for de-contextualized "factual findings” in the guilt phase to control outcomes at sentencing. (shrink)

In this paper, I defend an account of the reasons for which we act, believe, and so on for any Ф such that there can be reasons for which we Ф. Such reasons are standardly called motivating reasons. I argue that three dominant views of motivating reasons (psychologism, factualism and disjunctivism) all fail to capture the ordinary concept of a motivating reason. I show this by drawing out three constraints on what motivating reasons must be, and demonstrating how each (...) view fails to satisfy at least one of these constraints. I then propose and defend my own account of motivating reasons, which I call the Guise of Normative Reasons Account. On the account I defend, motivating reasons are propositions. A proposition is the reason for which someone Ф‐s when (a) she represents that proposition as a normative reason to Ф, and (b) her representation explains, in the right way, her Ф‐ing. As I argue, the Guise of Normative Reasons Account satisfies all three constraints on what motivating reasons must be, and weathers several objections that might be leveled against propositionalist views. (shrink)

1. EXPLICATING THE CONCEPT OF REFLECTION (under review) -/- To understand how ‘reflection’ is used, I consider ordinary, philosophical, and scientific discourse. I find that ‘reflection’ seems to refer to reasoning that is deliberate and conscious, but not necessarily self-conscious. Then I offer an empirical explication of reflection’s conscious and deliberate features. These explications not only help explain how reflection can be detected; they also distinguish reflection from nearby concepts such as ruminative and reformative reasoning. After this, (...) I find that reflection is not obviously limited to only practical or only theoretical reasoning. The chapter ends with reasons to prefer ‘unreflective’ and ‘reflective’ to dual process theorists’ labels about systems or types. -/- 2. BOUNDED REFLECTIVISM & EPISTEMIC IDENTITY (in Metaphilosophy) -/- Reflection features centrally in philosophy (e.g., Korsgaard, 1996; Rawls, 1971; Sosa, 1991) and psychology (e.g., Pennycook, 2018). Bounded reflectivism is an empirically adequate model of reflection that explains reflection’s capacity to either help or hinder reasoning—e.g., reflective equilibrium vs. reflective polarization (e.g., Kahan et al., 2017). One innovation of the model is epistemic identity: an identity that involves particular beliefs—e.g., religious and political identities. When we feel that our epistemic identity is threatened, we can reflectively defend its beliefs rather than update our beliefs according to the best arguments and evidence. The solution, I argue, is not to suppress epistemic identity but embrace it by appealing to shared, superordinate epistemic identities. -/- 3. ALL MEASURES ARE NOT CREATED EQUAL (under review) -/- A bat and a ball cost $1.10 in total. The bat costs $1.00 more than the ball. How much does the ball cost? “10 cents” comes to most people’s minds immediately. However, upon reflection, we can realize that “5 cents” is the correct answer. There are many reflection tests. Each has its limitations. Some reflection tests are mathematical—like the bat-and-ball problem (e.g., Frederick, 2005) and others are logical (e.g., Janis & Frick, 1943). So there are concerns that reflection tests track logical and mathematical competence rather than reflection per se. Also, some psychologists assume a priori that correct answers are reflective and lured answers are unreflective. New evidence raises additional concerns about the plausibility of these assumptions. I argue that think aloud protocols (Ericsson & Simon, 1998) and process dissociation (Jacoby, 1991) can assuage some of these concerns. -/- 4. GREAT MINDS DO NOT THINK ALIKE (in Review of Philosophy and Psychology) -/- Two large studies (N = 1299), one pre-registered, found that many correlations between reflection and philosophical beliefs among non-philosophers replicated among philosophers. For example, less reflective philosophers preferred theism to atheism and utilitarian rather than deontological responses to the trolley problem (Hannikainen & Cova, in prep.; Pennycook et al., 2016; Reynolds, Byrd, & Conway, forthcoming). However, philosophical judgments were sometimes better predicted by factors like education, gender, and personality than by reflection test performance. So although some relationships between reflection and philosophy were robust, there is more to the link between reflection and philosophy. Normative implications are also discussed—e.g., how we can infer the quality of philosophical views from their correlations with reflective or unreflective reasoning. -/- 5. WHAT WE CAN (AND CAN’T) INFER ABOUT IMPLICIT BIAS (in Synthese) -/- Contrary to some philosophers and psychologists, I argue that implicit bias is probably associative. However, I also argue that debiasing is not thereby entirely unconscious and involuntary. Indeed, strong evidence suggests that reflection can change implicitly biased behavior—e.g., conscious and deliberate counterconditioning. This has implications for the science and morality of implicit bias—e.g., evidence suggests that we can reform biases; so. intuitively, we can be responsible for biases. (shrink)

Although in some contexts the notions of an ordinary argument’s presumption, assumption, and presupposition appear to merge into the one concept of an implicit premise, there are important differences between these three notions. It is argued that assumption and presupposition, but not presumption, are basic logical notions. A presupposition of an argument is best understood as pertaining to a propositional element (a premise or the conclusion) e of the argument, such that the presupposition is a necessary condition for the (...) truth of e or for a term in e to have a referent. In contrast, an assumption of an argument pertains to the argument as a whole in that it is integral to the reasoning or inferential structure of the argument. A logical assumption of an argument is essentially a proposition that must be true in order for the argument aside from that proposition to be fully cogent. Nothing that is both comparable and distinguishing can be said about presumptions of arguments. Rather, presumptions of arguments are distinctively conventional; they are introduced through conventional rules (e.g., those that concern how to treat promises). So not all assumptions and not all presuppositions of arguments are presumptions of those arguments, although all presumptions of arguments are either assumptions or presuppositions of those arguments. This account avoids making the (monological) notion of presumption vacuous and dissolving the distinction between assumption and presumption, which is a vulnerability of alternative views such as Hansen’s and Bermejo-Luque’s, as is shown. (shrink)

I here defend an account of the will as practical reason —or, using Kant's phrase, as " reason in its practical employment"—as against a view of the will as a capacity for choice, in addition to reason, by which we execute practical judgments in action. Certain commonplaces show distance between judgment and action and thus seem to reveal the need for a capacity, in addition to reason, by which we execute judgment in action. However, another ordinary fact pushes in (...) the other direction: the activities of the will are activities for which the person is answerable in a very particular sort of way. This answerability is most easily understood if willing involves settling a question. Settling a question seems to be a capacity of reason. Thus it can seem that activities of will are activities of our capacity for reasoning. I will suggest that we can accommodate the commonplaces while still understanding the will as reason in its practical employment, by abandoning the assumption that practical reasoning concludes in a judgment. Rather, reasoning which concludes in a judgment—reasoning directed at the question of whether p—is theoretical reasoning. In its practical employment, reason is directed at the question of whether to x; it concludes, not in a judgment about x-ing, but rather in an intention to x. (shrink)

Mistakes are a fact of life, and the criminal law is sadly no exception to the rule. Wrongful convictions are rightfully abhorred, and false acquittals can likewise inspire outrage. In these cases, we implicitly draw a distinction between a court’s finding and a defendant’s actual guilt or innocence. These are intuitive concepts, but as this paper aims to show, contemporary use of the reasonable person standard in the law of self-defense muddles them. -/- Ordinarily, we can distinguish between a person's (...) material guilt or innocence and his juridical guilt or innocence. Someone is materially guilty if his actions in fact matched the conduct proscribed by the penal law. Someone is juridically guilty if he is found guilty by a tribunal, i.e., convicted by a judge or jury. When a tribunal convicts a innocent person or acquits a guilty person, the accuracy of its verdicts can be criticized. -/- There are three definitions of the reasonable person extant amongst courts and commentators: the reasonable person is either (1) a hypothetical ordinary, average person; (2) the embodiment of a community ideal; or (3) an embodiment of an objective ethical standard, i.e., ethical principles independent of community opinion. Nonetheless, after observing the circularity, vagueness, and lack of consistency in the definitions, wise courts and commentators have sometimes resorted to identifying the reasonable person with the judgment of the jury. -/- This piece argues that failure to settle on a fixed definition of the "reasonable person" in the criminal law of self-defense effectively conflates material guilt and innocence and juridical guilt and innocence at the doctrinal level. When courts do not clearly and consistently choose between standards one, two, and three, or when they expressly treat the reasonable person as a form of words standing in for the judgment of the jury, they make it conceptually impossible for observers outside the court system to apply a fixed, definite standard to assess the actual guilt of a person apart from the judgments of tribunals. -/- This paper's main purpose is to identify a conceptual knot rather than propose reforms. Still, it recommends two small changes meant to lift the confusion surrounding the reasonable person. First, it urges that courts expressly settle on one of the three definitions canvassed above. Second, it recommends that courts be mindful of the nature of the reasonable person standard and as such, be wary of treating conclusions about reasonableness as ordinary legal precedents, and wield the power of directed verdict aggressively to protect unpopular defendants from abuse by juries. (shrink)

L.A. Paul has argued that an ordinary, natural way of making a decision -- by reflecting on the phenomenal character of the experiences one will have as a result of that decision -- cannot yield rational decision in certain cases. Paul's argument turns on the (in principle) epistemically inaccessible phenomenal character of certain experiences. In this paper I argue that, even granting Paul a range of assumptions, her argument doesn't work to establish its conclusion. This is because, as I (...) argue, the phenomenal character of an experience supervenes on epistemically accessible facts about its non-phenomenal character plus what the deciding agent is like. Because there are principles that link the non-phenomenal character of experiences (together with what a particular agent is like) to the phenomenal character of experiences, agents can reasonably form expectations about the valence of the phenomenal character of the experiences that they are deciding whether to undergo. These reasonable expectations are, I argue, enough to make the ordinary, natural way of making a decision yield rational decision. (shrink)

Hume held that we have no rational justification for our inductive beliefs. A more radical view is that we have no rational justification for any of our beliefs. This dissertation has two goals pertaining to this more radical view. // The first goal is to find a basis for constructive epistemology that is consistent with this view. This goal is first sought by considering externalist theories of knowledge since these do not require rational justification for knowledge. Externalist theories are defended (...) against the usual objections, partly via a strategy of immunizing them from counterexample-based objections by arguing that epistemologies can be successful even if they fail to explicate ordinary epistemic notions. But a new objection to externalist theories is then brought to light. The objection begins as an attack against a dogma of contemporary epistemology, that the chief benefit of possessing knowledge is having a true belief. It is argued that there are many other benefits to having knowledge , and that externalist theories are defective because externalist knowledge lacks these benefits. A mixed internalist/externalist theory, bilevel reliabilism, is then presented as a solution to this difficulty. //The second goal is to provide an explanation of the function and origin of human epistemic practices that is consistent with the no-rational-justification view. Providing such an explanation is problematic for holders of this view because, if it is correct, it seems, prima facie, that there is no reason to have epistemic practices. This goal is achieved by arguing that epistemic practices, despite appearing to have rational justification as their goal, chiefly function to promote the existence of bilevel reliabilist knowledge, a very useful type of belief that is not rationally justified. It is then argued that the explanation of the origin of epistemic practices is that they arise from natural human inductive tendencies. (shrink)

A classic debate concerns whether reasonableness should be understood statistically (e.g., reasonableness is what is common) or prescriptively (e.g., reasonableness is what is good). This Article elaborates and defends a third possibility. Reasonableness is a partly statistical and partly prescriptive “hybrid,” reflecting both statistical and prescriptive considerations. Experiments reveal that people apply reasonableness as a hybrid concept, and the Article argues that a hybrid account offers the best general theory of reasonableness. -/- First, the Article investigates how ordinary people (...) judge what is reasonable. Reasonableness sits at the core of countless legal standards, yet little work has investigated how ordinary people (i.e., potential jurors) actually make reasonableness judgments. Experiments reveal that judgments of reasonableness are systematically intermediate between judgments of the relevant average and ideal across numerous legal domains. For example, participants’ mean judgment of the legally reasonable number of weeks’ delay before a criminal trial (ten weeks) falls between the judged average (seventeen weeks) and ideal (seven weeks). So too for the reasonable num- ber of days to accept a contract offer, the reasonable rate of attorneys’ fees, the reasonable loan interest rate, and the reasonable annual number of loud events on a football field in a residential neighborhood. Judgment of reasonableness is better predicted by both statistical and prescriptive factors than by either factor alone. -/- This Article uses this experimental discovery to develop a normative view of reasonableness. It elaborates an account of reasonableness as a hybrid standard, arguing that this view offers the best general theory of reasonableness, one that applies correctly across multiple legal domains. Moreover, this hybrid feature is the historical essence of legal reasonableness: the original use of the “reasonable person” and the “man on the Clapham omnibus” aimed to reflect both statistical and prescriptive considerations. Empirically, reasonableness is a hybrid judgment. And normatively, reasonableness should be applied as a hybrid standard. (shrink)

If the cultural variations concerning knowledge and research on ordinary reasoning are part of cultural history, what kind of historiographical method is needed in order to present the history of its evolution? This paper proposes to introduce the study of theories of reasoning into a historiographic perspective because we assume that the answer to the previous question does not only depend of internal controversies about how reasoning performance is explained by current theories of reasoning. [...].

A familiar part of ordinary moral thought is this idea: when other people are doing something worthwhile together, there is a reason for you to join in on the same terms as them. Morality does not tell you that you must always do this; but it exerts some pressure on you to join in. Suppose we take this idea seriously: just how should it be developed and applied? More particularly, just which groups and which actions are the ones with (...) respect to which you have participatory moral reasons? And just when is it wrong not to join in? I present answers to these questions, and discuss the implications—including for joint action on a very large scale, like global efforts to address climate change or fight a pandemic. (shrink)

John Broome has developed an account of rationality and reasoning which gives philosophical foundations for choice theory and the psychology of rational agents. We formalize his account into a model that differs from ordinary choice-theoretic models through focusing on psychology and the reasoning process. Within that model, we ask Broome’s central question of whether reasoning can make us more rational: whether it allows us to acquire transitive preferences, consistent beliefs, non-akratic intentions, and so on. We identify (...) three structural types of rationality requirements: consistency requirements, completeness requirements, and closedness requirements. Many standard rationality requirements fall under this typology. Based on three theorems, we argue that reasoning is successful in achieving closedness requirements, but not in achieving consistency or completeness requirements. We assess how far our negative results reveal gaps in Broome's theory, or deficiencies in choice theory and behavioral economics. (shrink)

In this essay, I will suggest ways of improving on Davidson’s conception of the explanatory autonomy of folk psychological explanations. For that purpose, I will appeal to insights from the recent theory of mind debate emphasizing the centrality of various forms of empathy for our understanding of another person’s mindedness. While I will argue that we need to abandon Davidson’s position of anomalous monism, I will also show that my account is fully compatible with Davidson’s non-reductive and interpretationist account of (...) meaning and mental content. Indeed, my account does more justice to the empathic capacities underlying our interpretive capacities, which Davidson himself has to acknowledge in thinking about the constitutive features of thought and meaning. More specifically, I will propose a new way of philosophically safeguarding the causal-explanatory autonomy of our ordinary action explanations by showing how our empathic capacities are involved in epistemically delineating the domain of rational agency. (shrink)

De Re Significance accounts of moral appraisal consider an agent’s responsiveness to a particular kind of reason, normative moral reasons de re, to be of central significance for moral appraisal. Here, I argue that such accounts find it difficult to accommodate some neuroatypical agents. I offer an alternative account of how an agent’s responsiveness to normative moral reasons affects moral appraisal – the Reasonable Expectations Account. According to this account, what is significant for appraisal is not the content of the (...) reasons an agent is responsive to, but rather whether she is responsive to the reasons it is reasonable to expect her to be responsive to, irrespective of their content. I argue that this account does a better job of dealing with neuroatypical agents, while agreeing with the De Re Significance accounts on more ordinary cases. (shrink)

Some theories of language, thought, and experience require their adherents to say unpalatable things about human individuals whose capacities for rational activity are seriously diminished. Donald Davidson, for example, takes the interdependence of the concepts of thought and language to entail that thoughts may only be attributed to an individual who is an interpreter of others’ speech. And John McDowell's account of human experience as the involuntary exercise of conceptual capacities can be applied easily only to individuals who make some (...) reasonable judgments, because conceptual capacities are paradigmatically exercised in judgments. In both cases, we seem forced towards an error theory about any ordinary understanding of impaired human individuals as minded, or as undergoing human experience. (shrink)

Fifty years of effort in artificial intelligence (AI) and the formalization of legal reasoning have produced both successes and failures. Considerable success in organizing and displaying evidence and its interrelationships has been accompanied by failure to achieve the original ambition of AI as applied to law: fully automated legal decision-making. The obstacles to formalizing legal reasoning have proved to be the same ones that make the formalization of commonsense reasoning so difficult, and are most evident where legal (...) reasoning has to meld with the vast web of ordinary human knowledge of the world. Underlying many of the problems is the mismatch between the discreteness of symbol manipulation and the continuous nature of imprecise natural language, of degrees of similarity and analogy, and of probabilities. (shrink)

Humans have distinctive powers of reflection: no other animal seems to have anything like our capacity for self-examination. Many philosophers hold that this capacity has a uniquely important guiding role in our cognition; others, notably Hilary Kornblith, draw attention to its weaknesses. Kornblith chiefly aims to dispel the sense that there is anything ‘magical’ about second-order mental states, situating them in the same causal net as ordinary first-order mental states. But elsewhere he goes further, suggesting that there is something (...) deeply misleading about reflection’s first-person view of cognition. This chapter takes a closer look at the conditions under which reflection is misleading. Even if humans are the only reflective animals, we are no longer the only creatures that can be questioned about their claims. Chatbots can also be asked to explain themselves, and by studying the conditions under which they produce clarification as opposed to confabulation, we can develop a non-skeptical account of the epistemic value of reflection. I argue that this capacity naturally supports the distribution of complex problem solving among multiple agents. (shrink)

Ordinary reasoning about space—we argue—is first and foremost reasoning about things or events located in space. Accordingly, any theory concerned with the construction of a general model of our spatial competence must be grounded on a general account of the sort of entities that may enter into the scope of the theory. Moreover, on the methodological side the emphasis on spatial entities (as opposed to purely geometrical items such as points or regions) calls for a reexamination of (...) the conceptual categories required for this task. Building on material presented in an earlier paper, in this work we offer some examples of what this amounts to, of the difficulties involved, and of the main directions along which spatial theories should be developed so as to combine formal sophistication with some affinity with common sense. (shrink)

It is widely held that counterfactuals, unlike attitude ascriptions, preserve the referential transparency of their constituents, i.e., that counterfactuals validate the substitution of identicals when their constituents do. The only putative counterexamples in the literature come from counterpossibles, i.e., counterfactuals with impossible antecedents. Advocates of counterpossibilism, i.e., the view that counterpossibles are not all vacuous, argue that counterpossibles can generate referential opacity. But in order to explain why most substitution inferences into counterfactuals seem valid, counterpossibilists also often maintain that counterfactuals (...) with possible antecedents are transparency‐preserving. I argue that if counterpossibles can generate opacity, then so can ordinary counterfactuals with possible antecedents. Utilizing an analogy between counterfactuals and attitude ascriptions, I provide a counterpossibilist‐friendly explanation for the apparent validity of substitution inferences into counterfactuals. I conclude by suggesting that the debate over counterpossibles is closely tied to questions concerning the extent to which counterfactuals are more like attitude ascriptions and epistemic operators than previously recognized. (shrink)

A synthetic glance about the basic outlines of Hare's Meta-ethics is offered in this paper to support the idea that Hume's law is still a productive resource for ethical studies. Hare accepted the emotivist premise that moral judgments do not, in the same way as ordinary statements do, state matters of fact that are either true or false, but denied that therefore they must be forms of exclamation. The essential character of moral discourse consisted, not, as the emotivists had (...) held, in its links with subjective attitudes, but with action; moral judgments were prescriptive, in that they expressed commitments to action on the part of the person uttering them, and at the same time their rationality was assured by their universalisability, i.e. their property of applying not merely to the person uttering them, but to all similar persons in similar circumstances. (shrink)

In this paper, I argue that for the purposes of ordinary reasoning, sentences about properties of concrete objects can be replaced with sentences concerning how things in our universe would be related to inscriptions were there a pluriverse. Speaking loosely, pluriverses are composites of universes that collectively realize every way a universe could possibly be. As such, pluriverses exhaust all possible meanings that inscriptions could take. Moreover, because universes necessarily do not influence one another, our universe would not (...) be any different intrinsically if there were a pluriverse. These two facts enable anti-realists about abstract objects to replace, e.g. talk of anatomical features with talk of the inscriptions concerning anatomical structure that would exist were there a pluriverse. The availability of such replacements enables anti-realists to carry out essential ordinary reasoning without referring to properties, thereby making room for a consistent anti-realist worldview. The inscriptions of the would-be pluriverse are so numerous and varied that sentences about them can play the roles in ordinary reasoning served by simple sentences about properties of concrete objects. (shrink)

Analogical reasoning is often employed in problem-solving and metaphor interpretation. This paper submits that, as a default, analogical reasoning addressing these different tasks employs different mapping strategies: In problem-solving, it employs analogy-maximising strategies (like structure mapping, Gentner & Markman 1997); in metaphor interpretation, analogy-minimising strategies (like ATT-Meta, Barnden 2015). The two strategies interact in analogical reasoning with conceptual metaphors. This interaction leads to predictable fallacies. The paper supports these hypotheses through case-studies on ‘mind’-metaphors from ordinary discourse, (...) and abstract problem-solving in the philosophy of mind, respectively: It shows that (1) default metaphorical interpretations for vision- and space-cognition metaphors can be derived with a variant of the analogy-minimising ATT-Meta approach, (2) philosophically influential introspective conceptions of the mind can be derived with conceptual metaphors only through an analogy-maximising strategy, and (3) the interaction of these strategies leads to hitherto unrecognised fallacies in analogical reasoning with metaphors. This yields a debunking explanation of introspective conceptions. (shrink)

Charles Taylor defines `hypergoods' as the fundamental, architechtonic goods that serve as the basis of our moral frameworks. He also believes that, in principle, we can use reason to reconcile the conflicts that hypergoods engender. This belief, however, relies upon a misindentification of hypergoods as goods rather than as works of art, an error which is itself a result of an overly adversarial conception of practical reason. For Taylor fails to distinguish enough between ethical conflicts and those relating to the (...) religio-aesthetic domain. A proper identification of hypergoods as aesthetic, moreover, requires us to revise his accounts of ordinary life, of evil and of the controversy over university curricula. (shrink)

The aim of this paper is to argue in favor of the idea that it is possible not only to give a special place to reason in our life and in society, but also to offer an integrative rational framework, in in which human ends and goals find their rational expression. The text has three parts. The first describes Alfred Schutz's practical-hermeneutical approach to law and normativity, while making room for a subjective practice of reason. The second proposes to reveal, (...) through the description of knowledge in the world of ordinary life, a form of rationality which offers us practical but consistent ways of making a decision. Ultimately, the third aims at the practical-hermeneutical reconstruction of the law, in order to integrate into the core of legal reasoning references to ends and purposes without prejudicing the objectivity of the reasoning itself. The study aims to make a contribution to the problem of dedifferentiation and positivism of practice in the modern world. Le but de ce papier est d’argumenter en la faveur de l’idée qu’il est possible non seulement de donner une place particulière à la raison dans notre vie et dans la société, mais aussi d’offrir un cadre rationnel intégratif, dans lequel les fins et buts humains trouvent leur expression rationnelle. Le texte comporte trois parties. La première décrit l’approche pratique-herméneutique d’Alfred Schutz à l’égard de la loi et de la normativité, tout en faisant place à une pratique subjective de la raison. La deuxième se propose de dévoiler, à travers la description de la connaissance dans le monde de la vie ordinaire, une forme de rationalité qui nous offre des voies pratiques mais consistantes de prendre une décision. En fin de compte, la troisième vise la reconstruction pratique-herméneutique de la loi, afin d’intégrer dans le noyau du raisonnement légal des références à des fins et buts sans porter préjudice à l’objectivité du raisonnement lui-même. L’étude veut apporter une contribution au problème de la dédifférenciation et du positivisme pratique dans le monde moderne. (shrink)

While ordinary decision theory focuses on empirical uncertainty, real decision-makers also face normative uncertainty: uncertainty about value itself. From a purely formal perspective, normative uncertainty is comparable to (Harsanyian or Rawlsian) identity uncertainty in the 'original position', where one's future values are unknown. A comprehensive decision theory must address twofold uncertainty -- normative and empirical. We present a simple model of twofold uncertainty, and show that the most popular decision principle -- maximising expected value (`Expectationalism') -- has different formulations, (...) namely Ex-Ante Expectationalism, Ex-Post Expectationalism, and hybrid theories. These alternative theories recommend different decisions, reasoning modes, and attitudes to risk. But they converge under an interesting (necessary and sufficient) condition. (shrink)

Ordinary and philosophical thought suggests recognizing a distinction between two ways something can be of final value. Something can be of final value in virtue of its connection to other things of value (“non-basic final value”) or something can be of final value regardless of its connection to other things of value (“basic final value”). The primary aim of this paper is to provide an account of this distinction. I argue that we have reason to draw this distinction as (...) it helps avoid certain problems. I criticize accounts of this distinction due to Warren Quinn, Fred Feldman, and Michael Zimmerman. I then provide my own positive account which incorporates several of the insights of those accounts while avoiding their pitfalls. I conclude by relating my account to issues concerning partiality and appropriate attitudes. (shrink)

Ordinary morality judges agents blameworthy for negligently produced harms. In this paper I offer two main reasons for thinking that explaining just how negligent agents are responsible for the harms they produce is more problematic than one might think. First, I show that negligent conduct is characterized by the lack of conscious control over the harm, which conflicts with the ordinary view that responsibility for something requires at least some conscious control over it. Second, I argue that negligence (...) is relevantly indistinguishable from inadvertence, which is ordinarily thought to excuse agents from responsibility. I argue that the parallels between negligence and inadvertence suggest that negligent agents are not responsible for the harms they produce, while proposing an alternative model for distinguishing between negligence and inadvertence that does justice to our intuitions. (shrink)

This paper examines the debate about the referential meaning of Kant’s concept of substance. In the Critique of Pure Reason and other works such as the Metaphysical Foundations of Natural Science, the category or concept of substance appears quite uncontroversially to have both a logical meaning (by which it means roughly ‘a thing that is the ultimate subject of predication’) and an objective meaning (by which it means roughly ‘a thing that is permanent’, or, equivalently, ‘a thing existing at all (...) times’). However, it is highly contested what kind of object, or objects, are supposed to meet, in experience, the criteria imposed by the conjunction of these two distinct meanings. I discuss two examples of the main interpretations to be found in the literature: Peter Strawson (2000), who contends that the reference of substance is only matter, and Claudia Jáuregui (2021), who also includes ordinary particular objects as substances. I scrutinize their fit with some of the textual evidence, primarily from the First Analogy of Experience, and finally reject Jáuregui’s interpretation as implying a kind of mereological essentialism about particular objects. Keywords: substance, meaning, matter, ordinary objects, First Analogy of Experience. (shrink)