Essay on Transcendental Philosophy presents the first English translation of Salomon Maimon's principal work, originally published in Berlin in 1790. In this book, Maimon seeks to further the revolution in philosophy wrought by Kant's Critique of Pure Reason by establishing a new foundation for transcendental philosophy in the idea of difference. Kant judged Maimon to be his most profound critic, and the Essay went on to have a decisive influence on the course of post-Kantian German Idealism. A more recent admirer (...) was Gilles Deleuze who drew on Maimon's Essay in constructing his own philosophy of difference. This long-overdue translation makes Maimon's brilliant analysis and criticism of Kant's philosophy accessible to an English readership for the first time. The text includes a comprehensive introduction, a glossary, translators' notes, a bibliography of writings on Maimon and an index. It also includes translations of correspondence between Maimon and Kant and a letter Maimon wrote to a Berlin journal clarifying the philosophical position of the essay, all of which bring the book's context alive for the modern reader. (shrink)

In this chapter, I argue that the notion which Michael Walzer calls jus ad vim might improve the moral evaluation for using military lethal force in conflicts other than war, particularly those situations of conflict short-of-war. First, I describe his suggested approach to morally justifying the use of lethal force outside the context of war. I argue that Walzer’s jus ad vim is a broad concept that encapsulates a state’s mechanisms for exercising power short-of-war. I focus on his more narrow (...) use of jus ad vim which is the state’s use of lethal force. Next I address Tony Coady’s critique of jus ad vim. I argue that Coady highlights some important problems with jus ad vim, but these concerns are not sufficient to dismiss it completely. Then, in the final section, I argue that jus ad vim provides an appropriate “hybrid” moral framework for judging the ethical decision-making outside of war by complementing other conventional just war distinctions. A benefit of jus ad vim is that it stops us expanding the definition of war while still providing the necessary ethical framework for examining violent conflict outside that context. (shrink)

There at least three ways of thinking about rationality: instrumental, substantive, and intentional. By far, the instrumental account is most influential. This essay proposes that intentional rationality can provide substantive accounts with room to breathe, and in a way that is facially distinct from instrumental accounts. I suggest that the intentionality of a judgment is made up of what it is about and the orientation through which it is judged, while irrationality is the subversion of a strict supporting connection between (...) the judgment and its corresponding set of coordinated attitudes (reasons). It follows that irrational intentionality is made up of episodic states where a judgment is subverted because of a misalignment between what it is about and the way the judge is oriented towards its contents. Four examples of irrational intentionality are considered: passivity towards ends, constitutive ignorance towards facts, delirious paranoia towards objects, and a disjunctive orientation towards categorizations. (shrink)

This paper advocates for a general policy of penal leniency: judges should often sentence offenders to a punishment less severe than initially preferred. The argument’s keystone is the relatively uncontroversial Minimal Invasion Principle (MIP). MIP says that when more than one course of action satisfies a state’s legitimate aim, only the least invasive is permissibly pursued. I contend that MIP applies in two common sentencing situations. In the first, all sentences within a statutorily specified range are equally proportionate. Here MIP (...) applies directly. In the second, judges reasonably believe that one of the sentences within the range is the most proportionate, but can’t identify it with any certainty. In these cases of sentencing uncertainty, judges must be indifferent between their preferred sentence and a softer one, and this indifference triggers MIP. MIP thus frequently mandates some degree of leniency. I conclude with some comments on statistical uncertainty. (shrink)

I propose to explain Kant’s novel claim, in the Critique of Pure Reason, that all judgments have a formal modality. I begin by distinguishing the modality of a judgment’s form from the modality of its content, and I suggest that the former is peculiar in merely affecting the subject’s understanding of his own act of judging. I then contrast the modal account of such an understanding (in terms of the possibility and actuality of a judgment) with the traditional, non-modal understanding (...) of it (in terms of the giving and withholding of assent). I conclude by suggesting that Kant prefers the former because he conceives of knowledge on Aristotle’s model: as a progress in the mind from capacity to act. (shrink)

In Ockham's Razors: A User's Guide, Elliott Sober argues that parsimony considerations are epistemically relevant on the grounds that certain methods of model selection, such as the Akaike Information Criterion, exhibit good asymptotic behaviour and take the number of adjustable parameters in a model into account. I raise some worries about this form of argument.

An Evaluation of the 2008 Loebner Contest.

In an earlier discussion, I argued that Kant's moral theory satisfies some of the basic criteria for being a genuine theory: it includes testable hypotheses, nomological higher-and lower-level laws, theoretical constructs, internal principles, and bridge principles. I tried to show that Kant's moral theory is an ideal, descriptive deductive-nomological theory that explains the behavior of a fully rational being and generates testable hypotheses about the moral behavior of actual agents whom we initially assume to conform to its theoretical constructs. I (...) argued that the moral "ought" is best understood as the "ought" of tentative prediction expressed in the range of uses of the German sollen; and that the degree to which such a theory is well-confirmed is a function of the degree to which we actually judge individual human agents, on a case-by-case basis, to be motivated by rationality, stupidity, or moral corruption in their actions. I assume that a similar case could be made for other major contenders, such as Utilitarianism or Aristotelianism. But there still remains unanswered the question of which of these theories is the best among the available alternatives. To answer this question, further criteria of selection must be invoked. Among these are structural elegance and explanatory simplicity, but even these do not exhaust the desiderata for an adequate moral theory. More pressing in the case of moral theory is the requirement that the theory enable us to understand all the available data of moral experience; that the theory be sufficiently inclusive that in the formulation of its descriptive laws and practical principles, it be capable of identifying as morally significant all the behavior to which moral praise, condemnation, or acquittal is a relevant and appropriate response. (shrink)

In this paper, I consider the basis for Kant's praise of Wolff's general logic as "the best we have." I argue that Wolff's logic was highly esteemed by Kant on account of its novel analysis of the three operations of the mind (tres operationes mentis), in the course of which Wolff formulates an argument for the priority of the understanding's activity of judging.

Background: Dengue Disease is a mosquito-borne tropical disease caused by the dengue virus, symptoms typically begin three to fourteen days after infection. This may include a high fever, headache, vomiting, muscle and joint pains, and a characteristic skin rash. Dengue serology is applied in different settings, such as for surveillance, in health care facilities in endemic areas and in travel clinics in non-endemic areas. The applicability and quality of serological tests in dengue endemic regions has to be judged against a (...) background of potential cross reactivity with other flavi-viruses, difficulties in distinguishing primary from secondary infections and technological problems related to the fact that most dengue endemic regions are relatively poor of resources .Objectives: to help doctors and patients in diagnosing Dengue Disease and give them the information of how to prevent Dengue Disease and to be able to understand the signs and symptoms of Dengue Disease. Methods: We collected all relevant material for Dengue Disease. Then we designed and implemented a knowledge based system for diagnosing Dengue Disease using SL5 Object Language. Results: The knowledge based system was evaluated by a group of Patients and specialized doctors and they found it very friendly and easy to use. (shrink)

An evaluation of the 2008 Loebner contest.

Part of a book symposium for Peter Langland-Hassan's Explaining Imagination (2020).

The trial took place at Bristol Crown Court, England, United Kingdom for the murder of Joanna Yeates, and Dr Vincent Tabak was the Defendant. The author attended at court for this trial and this paper notes many of the obvious and unsatisfactory legal and procedural points in this trial. Dr Vincent Tabak was convicted of the murder at this trial. Of course the jury were not to know the finer points of law as the lower court judge did not (...) advise the jury of any such points before they adjourned to make their decision. All but one concluded that Dr Tabak was guilty as charged, although even the charge was vague and all-encompassing as he was charged with ‘murder between Friday 17 December 2010 and Sunday 19 December 2010’. Defence counsel, very eminent barrister-at-law, appeared to be cowed by the other side and let them walk all over this case procedurally. For example, prosecution counsel handed him 1200 pages of evidence on the first day of the trial, as if to FULFIL disclosure obligations. E was stunned and asked the court for time off. But this was never again discussed. -/- The lower court judge appeared as if he had already decided on the case. When Defence Counsel asked him if he had before him a copy of a certain document, he flippantly say he had it but had left it on his desk in his room. When Defence Counsel, of international renown, was ready to present his opening speech and cross-examination of his client, Dr Vincent Tabak, this lower court judge dismissed the jury to their lunch break knowing that counsel was going to speak. Court had to be adjourned and the members of the jury quickly assembles by the court porters as they were leaving the court, which must have hampered their interest in what counsel’s statement said. A photograph of a dead body by a roadside, allegedly, Miss Yeates, was shown by projector slide a dozen irrelevant times during the trial period, thus embedding that photograph in the jury’s mind. The computer evidence leaves much to be desired and could, some suggested, easily have been concocted by the prosecution team, abusing the law of metadata evidence. Te lady who presented it did not give the court her qualifications and her expertise if any- and much more that beggars belief and loses trust in the British Criminal Justice System, such as it is, following ‘form over substance’. -/- . (shrink)

How should we respond to historical figures who played an important role in their country’s history but have also perpetrated acts of great evil? Much of the existing philosophical literature on this topic has focused on explaining why it may be wrong to celebrate such figures. However, a common response that is made in popular discussions around these issues is that we should not judge historical figures by today’s standards. Our goal in this paper is to examine the most (...) plausible way to understand this objection. We will examine three different interpretations of this argument. First, we will examine a view we call Temporal Moral Relativism, according to which moral standards are relative to particular points in time. Next, we outline Blame Relativism, the view that people from the past may be excused from blame for acts of conventionalized wrongdoing. Finally, we outline Ideals Relativism, according to which our moral ideals are partially relative to the time in which we live. We argue that Ideals Relativism provides the most plausible interpretation of this argument. (shrink)

In the latter half of the twentieth century, philosophers of science have argued (implicitly and explicitly) that epistemically rational individuals might compose epistemically irrational groups and that, conversely, epistemically rational groups might be composed of epistemically irrational individuals. We call the conjunction of these two claims the Independence Thesis, as they together imply that methodological prescriptions for scientific communities and those for individual scientists might be logically independent of one another. We develop a formal model of scientific inquiry, define four (...) criteria for individual and group epistemic rationality, and then prove that the four definitions diverge, in the sense that individuals will be judged rational when groups are not and vice versa. We conclude by explaining implications of the inconsistency thesis for (i) descriptive history and sociology of science and (ii) normative prescriptions for scientific communities. (shrink)

We often get reason to doubt the reliability of some of our own reasoning. The rational response to such evidence would seem to depend on how reliable one should estimate that reasoning to be. Independence principles constrain that reliability-assessment, to prevent question-begging reliance on the very reasoning being assessed. But this has consequences some find disturbing: can it be rational for an agent to bracket some of her reasons—which she may, after all, be assessing impeccably? So several arguments have been (...) offered against the very idea of an Independence principle. This paper argues that looking closely at these arguments actually strengthens the case for Independence, and yields some guidance in meeting a formidable challenge for Independence-defenders: formulating the principle in an adequate way. (shrink)

Journal of Political Philosophy, EarlyView.

One’s life can be meaningful, but not worth living, or worth living, but not meaningful, which demonstrates that an evaluation of whether life is worth living differs from an evaluation of whether one’s life is meaningful. But how do these evaluations differ? As I will argue, an evaluation of whether life is worth living is a more comprehensive evaluation than the evaluation of whether one’s individual life is meaningful. In judging whether one finds life worth living, one takes into account, (...) not only whether one’s life is meaningful, but undesirable aspects of life such as chronic pain and suffering. For example, a person who is suffering greatly, but who has lived a meaningful life, might still conclude that his or her life is not worth living. Although the famed question about the meaning of life has received most of the attention, I argue that the better and more fruitful question is “Is life worth living?” One should want, not just for one’s life to be meaningful, but for it to be worth living. (shrink)

Thaddeus Metz defends the retributive theory of punishment against challenges mounted by some of the contributors to this collection. People, he thinks, ought to be censured in a way that is proportional to what they have done and for which they are responsible. Understanding does not conflict with judging. On the contrary, according to him, the more we understand, the better we are able to censure appropriately. Metz’s argument is Kantian insofar as he argues that ‘respect for persons [victims, responsible (...) wrongdoers and the community at large] requires condemning people proportionately to their responsible wrongdoing and hence that understanding a person merely indicates what would be proportionate, not that proportionality is unjustified’. His reason for thinking that Kantian respect requires retribution is that, as in non-retributive cases such as economic justice, compensatory justice, and justice in healthcare rationing, it requires imposing burdens on persons consequent to an awareness of their responsible choices. To use his slogan, ‘judging is apt because of understanding’. (shrink)

This paper is a response to an earlier paper by Mark Nelson in which he argues for the claim that the best judges of the merits of arguments for the existence of God are theists whose belief in God is properly basic. I criticise Nelson's argument, and pursue some questions about the significance of the conclusion for which he argues.

[This draft is dated November 2007. I wrote it while I was a fellow at the Center for 21st Century Studies at UW-Milwaukee, in 2005-06, and published it only on the Center's website as a working paper. Many of the core ideas in this paper wound up in "Receptivity and the Will," Nous 2009, "Assertion, Sincerity, and Knowledge," Nous 2013, and "Assurance and Warrant," Philosophers' Imprint 2014 -- though formulated rather differently. What follows is the original abstract.] This working paper (...) extends a project that I’ve been developing for several years on the role of trust, including self-trust, in rationality and personal autonomy. I’m interested equally in epistemic questions (what to believe) and in practical questions (how to act), though the present paper addresses only the former. In an earlier paper on the epistemic side of my project, “Telling as Inviting to Trust” (Philosophy and Phenomenological Research, May 2005), I offered an explanation of how you can get an entitlement to believe something simply by trusting someone when she tells you it’s so, the entitlement deriving not merely from the assurance but from the trustworthy character of the one who gives it. The present paper adapts my explanation of believing-on-another’s-word to belief as such, via the observation that you can’t form a belief without trusting someone’s judgment – if only your own. I view intrapersonal reasoning about what to believe as an internalization of the interpersonal cases I analyzed in that earlier paper. In each instance, belief-formation has a second-personal dynamic: an invitation to trust on one side, trusting acceptance of that invitation on the other. If I’m right, the dynamic at the heart of all belief manifests not autonomy but a trusting heteronomy, whereby you render yourself appropriately receptive to judgment – your own or another’s. (The idea that judging is inviting self-trust first occurred to me in 2002, but I didn’t get a chance to develop it properly till 2005-06, my fellowship year at the Center for 21st Century Studies. I appreciate the support.). (shrink)

With his contribution on "The Natural Law in the American Tradition," Judge Diarmuid O'Scannlain has begun the indispensable task of laying the groundwork for sound jurisprudential reasoning in the natural law tradition. It is on the basis of this groundwork that we can begin to appreciate what natural law reasoning might mean, and what it does not mean, for contemporary American legal thinking. More specifically, it is on the basis of this groundwork that one can begin to articulate what (...) might be called a "third way" of jurisprudential reasoning. This "third way" would steer clear of two opposed and equally problematic jurisprudential views; that is, it would steer clear of what we might call "standard legal positivism" (on the one hand), and (on the other hand) what Judge O'Scannlain calls the "aggressive" natural law jurisprudence of some contemporary theorists. (shrink)

The use of neuroscientific evidence in criminal trials has been steadily increasing. Despite progress made in recent decades in understanding the mechanisms of psychological and behavioral functioning, neuroscience is still in an early stage of development and its potential for influencing legal decision-making is highly contentious. Scholars disagree about whether or how neuroscientific evidence might impact prescriptions of criminal culpability, particularly in instances in which evidence of an accused’s history of mental illness or brain abnormality is offered to support a (...) plea of not criminally responsible. In the context of these debates, philosophers and legal scholars have identified numerous problems with admitting neuroscientific evidence in legal contexts. To date, however, less has been said about the challenges of evaluating the evidence upon which integrative mechanistic explanations that bring together evidence from different areas of neuroscience are based. As we explain, current criteria for evaluating such evidence to determine its admissibility in legal contexts are inadequate. Appealing to literature in the philosophy of scientific experimentation and theoretical work in the social, cognitive and behavioral sciences, we lay the groundwork for reforming these criteria and identify some of the implications of modifying them. (shrink)

Nathan Hanna has recently addressed a claim central to my 2013 article ‘Must Punishment Be Intended to Cause Suffering’ and to the second chapter of my 2016 book An Expressive Theory of Punishment: namely, that punishment need not involve an intention to cause suffering. -/- Hanna defends what he calls the ‘Aim To Harm Requirement’ (AHR), which he formulates as follows. AHR: ‘an agent punishes a subject only if the agent intends to harm the subject’ (Hanna 2017 p969). I’ll try (...) to show in this note that Hanna’s latest attempts to defend AHR fail. I’ll start by setting out my own view, drawing attention to one significant, but perhaps understandable, misstatement of Hanna’s. I’ll then discuss two alleged counter-examples that Hanna presents to my view, and show that they both fail in their own terms. I’ll also argue that, given assumptions that Hanna is willing to make a scenario closely related to one that Hanna presents counts against AHR. I’ll then discuss how significant it would be if these counter-examples were successful. My view is that it wouldn’t matter much, and that anyone attracted to abolitionism should agree. I’ll conclude with a brief discussion of Hart, which may be of interest to enthusiasts and Hart scholars. (shrink)

In this paper I examine Max Deutscher’s recent accounts of thinking, willing and judging, derived from his reading of Hannah Arendt’s 'The Life of the Mind', as set out in his book 'Judgment After Arendt'. Against Deutscher I argue that thinking does not presuppose thoughtfulness, that being willing is compatible with willing reluctantly, and that actor and spectator judgments are distinct types of judgments.

What do we do with Judges? This two-edged word? This ambidextrous book? These ambivalent heroes? The Judges were drawing their last fleeting breaths shipwrecked and scattered upon the shores of historical-critical-grammatical-linear-modernist-masculine interpretation. "The narrative is primitive," they said. "The editors have made a mess," they exclaimed. "The conclusion is really an appendix," another said. Then the bible-acrobats jumped in pretending there was no literary carnage while at the same time drawing our eyes away from the literary carnage. "No, no, there (...) is an order to this disorderly book!" "Gideon is a man of faith," they explained. "Gideon is a sham," others retorted. "Long live the king," they cried. "Oh no, the king will bring down the nation," others said. Enter the latest literary critics and the fresh feminist readers to save the day. And save they have. Barry noted the irony. Cheryl called attention to the elaborate, spiraling labyrinth. Phyllis remembered the forgotten. Mieke heralded the incoherence. Deborah the Bee slings Barak with irony. Cowardly Jephthah sacrifices his virgin daughter immediately after he is filled with the spirit. Blind Samson remains stuck in some adolescent, Pinnochio-like stage milling around the same old vices. The Levite, the man of word and sacrifice, lies to the people and dismembers his wife. To beat it all the myopic narrator joins in lock step with the other blind characters stumbling around in the narrative. What manner of text is this? These Judges, these stories, are even more troubling now that we take them seriously. Now what do we do with Judges? The recent scholarship is most promising, but I think we must press forward, or is that backward, or perhaps to another plan. Perhaps Judges hearkens forward to the postmodern. What would Judges look like if we viewed the story through a postmodern lens? Would we see the text in another dimension? Would we let the characters live and breathe as confusing, confounding, intricate characters? Judges speaks to me. These judges, they teach me. How can I ever forget my reading of Judges? For once I found a text reflecting the madness of faith in my maddening world. For once I saw a text like Pablo. I heard the echo of Umberto. I noted the faint murmurings of Jacques. I danced a most joyous jig with Julia. I saw, up ahead, or was that behind me, or over to the side, Martin's flickering candle. Mieke, meet Jael. Barak, meet Barry. Jacques, meet Gideon. Samson, meet Martin. Umberto, meet the narrator or two or three. Pablo, meet the Levite's wife---sorry, she has no name. (shrink)

Matthew Soteriou provides an analysis of authoritatively knowing one’s own mental acts which depends on a surprising assumption: One cannot truly judge that one is judging. After briefly criticizing his account of one’s awareness that one is judging, I critically scrutinize two of his arguments against the possibility of truly judging that one is judging. Firstly, assuming such a possibility leads to a regress. Secondly, the second-order judgement inevitably replaces the first-order judgement such as to make the former wrong.

A coherent practice of mens rea (‘guilty mind’) ascription in criminal law presupposes a concept of mens rea which is insensitive to the moral valence of an action’s outcome. For instance, an assessment of whether an agent harmed another person intentionally should be unaffected by the severity of harm done. Ascriptions of intentionality made by laypeople, however, are subject to a strong outcome bias. As demonstrated by the Knobe effect, a knowingly incurred negative side effect is standardly judged intentional, whereas (...) a positive side effect is not. We report the first empirical investigation into intentionality ascriptions made by professional judges, which finds (i) that professionals are sensitive to the moral valence of outcome type, and (ii) that the worse the outcome, the higher the propensity to ascribe intentionality. The data shows the intentionality ascriptions of professional judges to be inconsistent with the concept of mens rea supposedly at the foundation of criminal law. (shrink)

Contrary to popular philosophical belief, judgment can indeed be an intentional action. That's because an intentional judgment, even one with content p, need not be intentional as a judgment that p. It can instead be intentional just as a judgment wh- for some specific wh- question—e.g. a judgment of which x is F or a judgment whether p. This paper explains how this is possible by laying out a means by which you can perform such an intentional action. This model (...) of intentional judgment does not stand in tension with the fact that judgment is causally regulated for truth, and that it is correct only if it is true. On the contrary, the structure of intentional action explains how an intentional judgment has these features. An extended example is developed, and sufficient conditions on intentional judgment are laid out. (shrink)

I will argue that just and accurate assessment must involve taking into account how racial injustice affects students’ performance in their work. To this end, I will motivate what I call the RACIAL-INJUSTICE-ASSESSMENT THESIS. According to this thesis, instructors must account for how racial injustice affects a student’s work for an instructor’s judgment of her work to count as just. To motivate the RACIAL-INJUSTICE ASSESSMENT THESIS, I will defend the ACCURACY THESIS and the JUSTICE THESIS. According to the ACCURACY THESIS, (...) the accuracy of an instructor’s judgment of a student’s work will covary with the degree to which she considers how racial injustice affects the performance enshrined in the student’s the work. According to the JUSTICE THESIS, the justness of instructors’ judgments of student work covary with the degree to which instructors consider racial injustice’s effect on student work. (shrink)

The principle of nemo iudex in causa sua is central to John Locke’s social contract theory: the state is justified largely due to the human need for an impartial system of criminal justice. In contemporary Anglo-American legal practice, the value of impartiality in criminal justice is accepted uncritically. At the same time, advocates of restorative justice frequently make reference to a crime victim’s right to have his or her voice heard in the criminal justice process without regard for impartiality as (...) potentially being morally valuable. In this article, I challenge the central place of impartiality in criminal justice on the grounds that it leads to a setup ill-suited to moral psychology. Though restorative justice advocates are not principled in their implicit rejection of impartiality and the nemo iudex principle, their preferred method of criminal justice conduces to crime victims’ being good judges in their own case. (shrink)

This chapter explains Franz Brentano's metaethical theory and how it purports to deal with such difficulties. Brentano explains correctness in emotions by analogy with correctness in judgements. For a judgement to be correct is for it to concord with a judgement made by someone who judges with self-evidence (Evidenz). Self-evident judgements are guaranteed to be correct, and they are based either on "inner perception" or on presentations of objects that are rejected apodictically. Brentano's metaethical theory concerns first and foremost the (...) psychology of valuing and of moral judgement. Brentano is clearly a cognitivist about evaluative and moral judgement; such judgements are judgements about the correctness of feelings, and judgements are cognitive acts. However, one aspect of his position that seems congenial to contemporary expressivism. This has to do with expressivist treatments of disagreement. Brentano's views seem akin to the kind of foundationalist intuitionism that is traditionally associated with non-naturalism. (shrink)

A testimony is somebody else’s reported experience of what has happened. It is an indispensable source of knowledge. It only gives us historical cognition, however, which stands in a complex relation to rational or philosophical cognition: while the latter presupposes historical cognition as its matter, one needs the architectonic “eye of a philosopher” to select, interpret, and organize historical cognition. Kant develops this rationalist theory of testimony. He also practices it in his own work, especially while theorizing about race as (...) a subject of natural philosophy. In three dedicated essays on this subject, he treats race from the standpoint of a philosophical investigator of nature (Naturforscher), who (as Kant puts it in the first Critique) learns from nature “like an appointed judge who compels witnesses to answer the questions he puts to them.” This view underwrites Kant’s use of travel reports (a type of testimony) in developing and defending his theory of race. (shrink)

Fanatics judge a lottery with a tiny probability of arbitrarily high value as better than the certainty of some modest value, and they are prone to getting swindled. You need only make the lie “big enough” to get one over on them. I put forward an elegant solution to the fanatic’s problem. When coming to a fully rational decision, agents may ignore outlandish possibilities.

Suppose you are at the gym trying to see some naked beauties by peeping through a hole in the wall. A policeman happens by, he asks you what you are doing, and you honestly tell him. He then arrests you for voyeurism. Are you guilty? We don’t know yet because there is one more fact to be considered: while you honestly thought that a locker room was on the other side of the wall, it was actually a squash court. Are (...) you guilty now? -/- Probably. You might argue that your scopophiliac ambition was impossible to satisfy given that you were peeping into a squash court, not a locker room. But this “Impossibility Defense” would fail because most jurisdictions follow the very influential Model Penal Code (MPC), which says that what is important about attempt is not the likelihood of success but rather what was going on in your head. You tried to peer into a locker room with the intention of seeing some nudity; that is enough for culpability. The fact that you were mistaken about the location does not exonerate you. -/- But now suppose that the particular jurisdiction you are in does not criminalize voyeurism. While most people think that voyeurism is just plain wrong, if not disgusting, the legislature just never got around to drafting a statute against it. Are you guilty now? The answer is no. But you might just be out of luck and convicted anyway. -/- The reason for this strange conclusion is that most jurisdictions have followed the Model Penal Code in yet another respect: along with the MPC’s “subjectivist” emphasis on what is in your head, they have followed the MPC’s lead in abolishing the Impossibility Defense entirely. As a result, people who believe that they are breaking laws when they really are not may still be subject to arrest, prosecution, and conviction respectively by police, prosecutors, and judges/juries merely if all three parties regard your conduct — especially your trying to violate a law that you mistakenly believed in — as morally reprehensible. The best, if not only, defense against this charge is the Impossibility Defense, but — again — most jurisdictions have decided to make this defense unavailable to defendants. -/- Depriving eligible defendants of the Impossibility Defense is unjust. It violates one of the most basic principles of criminal justice: the legality principle. The legality principle says that there cannot be just punishment without a crime, and there should not be a crime without an explicit law designating it as such. So you cannot be charged with, and convicted of, attempted voyeurism if voyeurism, reprehensible as it may be, was not explicitly prohibited at the time that you made the attempt. -/- If we believe in the legality principle, then we must restore the Impossibility Defense. Without the latter, too many defendants are being — and will continue to be — punished for attempts to perform acts that were not themselves illegal but which various parties in the criminal justice system (except the legislature) thought should be illegal based on their extralegal, moral prejudices. -/- In addition to the MPC, the principal obstacle to resurrecting the Impossibility Defense is a good deal of conceptual confusion that permeates relevant cases and scholarship. Too many courts and academics have conflated “factual impossibility” with “legal impossibility” and have fallaciously inferred “hybrid impossibility” from “hybrid mistakes” (that is, legal mistakes that derive from factual mistakes). One of the principal goals of this Article, then, is to clear up all of this confusion. I will explicate in the simplest possible terms (a) the difference between factual impossibility and legal impossibility, (b) why only legal impossibility qualifies as exculpatory, and (c) why hybrid impossibility simply does not exist. (shrink)

This paper proposes a reading of Galileo’s Letter to the Grand Duchess Christina as analogous to a legal brief submitted to a court en banc. The Letter develops a theory of the general issues underlying the case at hand, but it is organized around advocacy for a particular judgment. I have drawn two architectonic implications from this framework, each of which helps to resolve an issue still standing in the literature. First, the Letter anticipates varying degrees of acquiescence to its (...) general account, and provides ‘hooks’ for different readers to interpret variously while still converging on the particular judgment. This reading allows for a coherent Galilean interpretation of passages that notoriously concede priority to Scripture, while also explaining their dialectical function. Galileo is neither self-contradictory nor dissimulating here, but strategically leaves the specification of key distinctions for the reader. Second, the Letter, and particularly its apparent shifting of the burden of proof, must be understood in light of the tripartite ‘adversarial-judicial’ framework that Galileo sets up. The burden of proof is shifted to anti-Copernicans within the Church, not as a rhetorical trick, but because of the benefits of adversarial procedure that will accrue to the Church as the responsible judge. (shrink)

I offer a novel two-stage reconstruction of Hume’s general-point-of-view account, modeled in part on his qualified-judges account in ‘Of the Standard of Taste.’ In particular, I argue that the general point of view needs to be jointly constructed by spectators who have sympathized with (at least some of) the agents in (at least some of) the actor’s circles of influence. The upshot of the account is two-fold. First, Hume’s later thought developed in such a way that it can rectify the (...) problems inherent in his Treatise account of the general point of view. Second, the proposed account provides the grounds for an adequate and well-motivated modest ideal observer theory of the standard of virtue. (shrink)

Hume’s famous and influential contributions to the philosophy of religion pursue two broad themes that have deep links with his general sceptical and naturalistic commitments throughout his philosophy as a whole.1 The first is his sceptical critique of the philosophical arguments and doctrines of various (Christian) theological systems. The second is his naturalistic account of the origins and roots of religion in human nature. Taken together, these two themes serve to advance Hume’s “Lucretian mission”, which was to discredit and dislodge (...) the role of religion in human life. In this paper I consider the criticism that Hume’s entire Lucretian mission is fundamentally misguided and misconceived as judged in terms of his own claims and hypotheses concerning religion. More specifically, it may be argued that if Hume is right about the foundations of religion in human nature and the human predicament, then his Lucretian mission is neither wise nor achievable. His project is, in other words, both theoretically self-refuting and practically self-defeating. Drawing from Hume’s writings on this subject, I will suggest a set of replies and responses to these criticisms. (shrink)

Kierkegaard defended romantic motives for marriage at a time in European culture when marriages were still usually arranged for family convenience, status, and social position. The Judge's underappreciated first letter in Either/Or II views romantic love as a bildungs-process that can lead towards neighbor-love, mediating the sharp contrasts that are stressed in his later signed Works of Love.

While it is generally believed that justification is a fallible guide to the truth, there might be interesting exceptions to this general rule. In recent work on bridge-principles, an increasing number of authors have argued that truths about what a subject ought to do are truths we stand in some privileged epistemic relation to and that our justified normative beliefs are beliefs that will not lead us astray. If these bridge-principles hold, it suggests that justification might play an interesting role (...) in our normative theories. In turn, this might help us understand the value of justification, a value that's notoriously difficult to understand if we think of justification as but a fallible means to a desired end. We will argue that these bridge-principles will be incredibly difficult to defend. While we do not think that normative facts necessarily stand in any interesting relationship to our justified beliefs about them, there might well be a way of defending the idea that our justified beliefs about what to do won't lead us astray. In turn, this might help us understand the value of justification, but this way of thinking about justification and its value comes with costs few would be willing to pay. (shrink)

Crisis occupies an ambiguous place in the writings of Hannah Arendt. Not only does crisis undermine categories of judgment, but in doing so it eliminates prejudices as well, forcing us to judge without them. Although Arendt never had an opportunity to fully develop her understanding of judgment, we know that she considered it to be ‘the most political of man’s mental abilities,’ and her writings on education reflect this. In her essay, ‘The Crisis in Education’ she draws a connection (...) between judgment and crisis, linking it to the work of the classroom. It is this relationship, between crisis and judgment, that I examine. In doing so, I turn to two figures central to Arendt’s work – Immanuel Kant and Adolf Eichmann – each of whom embody opposing aspects of what it means to judge, epitomized by a conceptual tension between example and cliché. (shrink)

This paper investigates the question of, and the degree to which, Newton’s theory of space constitutes a third-way between the traditional substantivalist and relationist ontologies, i.e., that Newton judged that space is neither a type of substance/entity nor purely a relation among such substances. A non-substantivalist reading of Newton has been famously defended by Howard Stein, among others; but, as will be demonstrated, these claims are problematic on various grounds, especially as regards Newton’s alleged rejection of the traditional substance/accident dichotomy (...) concerning space. Nevertheless, our analysis of the metaphysical foundations of Newton’s spatial theory will strive to uncover its unique and innovative characteristics, most notably, the distinctive role that Newton’s “immaterialist” spatial ontology plays in his dynamics. (shrink)

Several prominent philosophers of art have worried about whether Kant has a coherent theory of music on account of two perceived tensions in his view. First, there appears to be a conflict between his formalist and expressive commitments. Second (and even worse), Kant defends seemingly contradictory claims about music being beautiful and merely agreeable, that is, not beautiful. Against these critics, I show that Kant has a consistent view of music that reconciles these tensions. I argue that, for Kant, music (...) can be experienced as either agreeable or beautiful depending on the attitude we take toward it. Although it is tempting to think he argues that we experience music as agreeable when we attend to its expressive qualities and as beautiful when we attend to its formal properties, I demonstrate that he actually claims that we are able to judge music as beautiful only if we are sensitive to the expression of emotion through musical form. With this revised understanding of Kant's theory of music in place, I conclude by sketching a Kantian solution to a central problem in the philosophy of music: given that music is not sentient, how can it express emotion? (shrink)

Does self-control require willpower? The question cuts to the heart of a debate about whether self-control is identical with some psychological process internal to the agents or not. Noticeably absent from these debates is systematic evidence about the folk-psychological category of self-control. Here, we present the results of two behavioral studies (N = 296) that indicate the structure of everyday use of the concept. In Study 1, participants rated the degree to which different strategies to respond to motivational conflict exemplify (...) self-control. Participants distinguished between intra-psychic and externally-scaffolded strategies and judged that the former exemplified self-control more than the latter. In Study 2, participants provided various solutions to manage motivational conflict and rated their proposals on effectiveness. Participants produced substantially more intra-psychic strategies, rated them as more effective, and advised them at a higher rate than externally-scaffolded strategies. Taken together, these results suggest that while people recognize a plurality of strategies as genuine instances of self-control, purely internal exercises of self-control are considered more prototypical than their externally-scaffolded counterparts. This implies a hierarchical structure for the folk psychological category of self-control. The concept encompasses a variety of regulatory strategies and organizes these strategies along a hierarchical continuum, with purely intra-psychic strategies at the center and scaffolded strategies in the periphery. (shrink)

I argue for a new interpretation of Locke’s account of akrasia. On this interpretation, akrasia occurs on Locke’s account because certain cognitive biases endemic to the human mind dispose us to privilege present over future happiness. As a result, we end up irrationally pursuing present pleasure and the removal of present pain even as we simultaneously judge that doing so runs contrary to our own greater good. In this sense, I argue that Locke seeks to diagnose akrasia by identifying (...) its underlying psychological causes. (shrink)

Hume argues that whenever we seem to be motivated by reason, there are unnoticed calm passions that play this role instead, a move is that is often criticised as ad hoc (e.g. Stroud 1977 and Cohon 2008). In response, some commentators propose a conceptual rather than empirical reading of Hume’s conativist thesis, either as a departure from Hume (Stroud 1977), or as an interpretation or rational reconstruction (Bricke 1996). -/- I argue that conceptual accounts face a dilemma: either they render (...) the conativist thesis trivial, or they violate Hume's thesis that 'a priori, any thing may produce any thing'. I defend an empirical construal of Hume’s conativist thesis. I provide two theoretical frameworks within which Hume’s appeal to the calm passions may be justified: first, by the framework of theoretical virtues, and secondly, by lights of his own ‘rules by which to judge of causes and effects’ (THN 1.3.15). (shrink)

Georg Wilhelm Friedrich Hegel’s historical analysis of Buddhist philosophy not only fails as a sound interpretation of that tradition, it also well-exemplifies the Western practice of Orientalism as elucidated by Edward Said. I attempt to demonstrate this in three major parts: the nature of Orientalism as a concept and practice, the Orientalist analytical process that Hegel employs in judging Buddhism as well as religions in general, and how Hegel’s understanding does not work against a more charitably interpreted Buddhist defense. Moreover, (...) I argue that the Orientalist erroneousness of Hegel’s reading deeply complicates his hierarchical philosophy of world history. (shrink)