Universal statements in formal logic often contain unstated assumptions that lead to logical inconsistencies when subjected to transformation, particularly contraposition. This paper introduces a formal requirement for Domain Restriction {D_r}, ensuring logical validity in universal statements by explicitly declaring all necessary category constraints. Four major insights structure this analysis: 1. Incomplete Statements and Hidden Assumptions – Universal statements implicitly assume category constraints that must be explicitly stated to prevent logical collapse. 2. Subjects and Properties – A subject can have a (...) property, but a property without an explicitly defined subject leads to logical ambiguity. 3. Invalid Relationships – Many-to-Many relationships are inherently invalid in universal logic, requiring restructuring into Many-to-One or One-to-Many relationships. 4. The Rigor of Relevant Domain {D_r} – A necessary filtering mechanism to restrict logical transformations to valid categories and prevent logical vacuums. We formalize the Relevant Domain {D_r} as a necessary precondition for universal statements, resolving paradoxes like Hempel’s Raven Paradox while ensuring that logical transformation preserves category integrity and meaningful comparison. (shrink)

In this paper, we clarify, unpack, and ultimately resist what is perhaps the most prominent argument for the compatibility of free will and determinism: the epistemic argument for compatibilism. We focus on one such argument as articulated by David Lewis: (i) we know we are free, (ii) for all we know everything is predetermined, (iii) if we know we are free but for all we know everything is predetermined, then for all we know we are free but everything is (...) predetermined, (iv) if for all we know we are free but predetermined, then it is really possible that we are, so (v) compatibilism. We uncover how the crucial epistemic modality underlying (iv) must be understood, and contend that, understood this way, the libertarian can resist (iv). Importantly, however, resisting the argument does commit the libertarian to what has been called “flip-flopping”—but we argue that this is perfectly coherent. We conclude by articulating two crucially ways the libertarian can resist the argument, by saying that we can know that determinism is false "from the armchair". (shrink)

In this paper I examine an argument that has been made by Patrick Grim for the claim that de se knowledge is incompatible with the existence of an omniscient being. I claim that the success of the argument depends upon whether it is possible for someone else to know what I know in knowing (F), where (F) is a claim involving de se knowledge. I discuss one reply to this argument, proposed by Edward Wierenga, that appeals to first-person propositions (...) and argue that this response is unsuccessful. I then consider David Lewis’s theory of de se attitudes involving the self-ascription of properties. I claim that, according to this theory, there are two senses in which someone else can know what I know in knowing (F). I then argue that the second sense allows for the compatibility of de se knowledge with the existence of an omniscient being. (shrink)

Conspiracy theories are rather a popular topic these days, and a lot has been written on things like the meaning of _conspiracy theory_, whether it’s ever rational to believe conspiracy theories, and on the psychology and demographics of people who believe conspiracy theories. But very little has been said about why people might be led to posit conspiracy theories in the first place. This paper aims to fill this lacuna. In particular, I shall argue that, in open democratic societies, citizens (...) justifiably presuppose that the epistemic authorities—journalists, academics, scientists, and so on—are engaged in a good faith pursuit of the truth. This presupposition generates certain normative expectations on the behaviors of the epistemic authorities—they ought to be open to new evidence, possess a healthy degree of skepticism, be willing to engage with opponents, and so on. So, when an epistemic authority is presented with some putatively anomalous data or an alternative hypothesis for some event or phenomena, people expect the epistemic authority to respond in a way that is consonant with these norms. In some instances, however, the epistemic authorities do not respond in this way and instead are dogmatic, dismissive, and engage in _ad hominem_. From the point of view of the citizen, there’s a tension here between how the epistemic authorities ought to behave and how they have, in fact, behaved which is best resolved either by taking the epistemic authorities less seriously or by positing a conspiracy theory. Put another way, the failure of the epistemic authorities to adhere to the norms by which we take them to be governed when presented with apparent anomalies or alternative hypotheses is one reason for which one might initially posit a conspiracy theory. (shrink)

Second part of the translation into Spanish of David Lewis' "New Work for a Theory of Universals", corresponding to the last sections of the original paper. || Segunda parte de la traducción al español del trabajo de David Lewis "New Work for a Theory of Universals", correspondiente a últimas secciones del artículo original. Artículo original publicado en: Australasian Journal of Philosophy, Vol. 61, No. 4, Dec. 1983, pp. 343-377.

First part of the translation into Spanish of David Lewis' "New Work for a Theory of Universals", corresponding to the introduction and the first two sections of the original paper. || Primera parte de la traducción al español del trabajo de David Lewis "New Work for a Theory of Universals", correspondiente a la introducción y las dos primeras secciones del artículo original. Artículo original publicado en: Australasian Journal of Philosophy, Vol. 61, No. 4, Dec. 1983, pp. 343-377.

Veltman’s test semantics and developments thereof reject the canon about semantic contents and attitude ascriptions in favor of dynamic alternatives. According to these theories the semantic content of a sentence is not a proposition, but a context change potential (CCP). Similarly, beliefs are not taken to be relations between agents and propositions, but agents and CCPs. These deviations from the canon come at the cost of an elegant explanation about the correctness of belief. Standardly, it is taken that the content (...) of a belief is correct just in case the content of that belief is true. The proponent of the test semantics cannot appeal to this explanation since they hold that certain contents, namely epistemically modalized contents, do not express propositions, and are neither true nor false. After motivating the need for an account of the correctness of belief within the dynamic framework, I argue that the few extant accounts in the literature are unsatisfactory. A novel account is proposed that avoids the problems of competing views. (shrink)

The editor's introduction discusses Clarence I. Lewis's conceptual pragmatism when compared with post-empiricist epistemology and argues that several Cartesian assumptions play a major role in the work, not unlike those of Logical Positivism. The suggestion is made that the Cartesian legacy still hidden in Logical Positivism turns out to be a rather heavy ballast for Lewis’s project of restructuring epistemology in a pragmatist key. More in detail, the sore point is the nature of inter-subjectivity. For Lewis, no (...) less than for the Logical Positivists at the time of the Protocols Controversy and Husserl in the Cartesian Meditations, this is a problem without a solution. The reason is that all these philosophers are apparently unable to realize that the existence of a plurality of knowing subjects cannot be treated at once both as a speculative problem and a methodological one. Lewis, thanks to his pragmatist approach both comes closer to the right answer and offers an even more naïve unsatisfactory solution to the pseudo-problem under discussion. The fact that he has clear in mind that inter-subjectivity means not only a plurality of linguistic utterances but also a co-existence of different kinds of practical behaviour. Eventually, the very idea of mind, the key-idea in the book, suffers from the above mentioned tension. In fact, if inter-subjective communication and action is considered at a methodological level, the very idea of mind would not need an analysis, and no kind of ‘reflexive’ analysis. Methodology might be limited to a ‘naïve’ level where the existence of the world and a plurality of subjects be taken as a bedrock of uncritically accepted evidence. Philosophical reflection on ultimate evidence, instead, would take a different approach, maybe the one Wittgenstein was putting into practice in the same years when Mind and the world order was written, namely it would be bound to question the very meaning of the idea of ‘mind’ as an undue fiction – the same carried out by Descartes – when he assumed the Cogito to be at once a body of self-evident truths and a thing or substance, the familiar Platonic idea of psyche or soul. (shrink)

This commentary is a reflection on a collaboration with the artist Rossella Biscotti and comments on how artistic research and logico-mathematical methods can be used to contribute to the development of critical perspectives on contemporary data practices.

At least since Aristotle’s famous 'sea-battle' passages in On Interpretation 9, some substantial minority of philosophers has been attracted to the doctrine of the open future--the doctrine that future contingent statements are not true. But, prima facie, such views seem inconsistent with the following intuition: if something has happened, then (looking back) it was the case that it would happen. How can it be that, looking forwards, it isn’t true that there will be a sea battle, while also being true (...) that, looking backwards, it was the case that there would be a sea battle? This tension forms, in large part, what might be called the problem of future contingents. A dominant trend in temporal logic and semantic theorizing about future contingents seeks to validate both intuitions. Theorists in this tradition--including some interpretations of Aristotle, but paradigmatically, Thomason (1970), as well as more recent developments in Belnap, et. al (2001) and MacFarlane (2003, 2014)--have argued that the apparent tension between the intuitions is in fact merely apparent. In short, such theorists seek to maintain both of the following two theses: (i) the open future: Future contingents are not true, and (ii) retro-closure: From the fact that something is true, it follows that it was the case that it would be true. It is well-known that reflection on the problem of future contingents has in many ways been inspired by importantly parallel issues regarding divine foreknowledge and indeterminism. In this paper, we take up this perspective, and ask what accepting both the open future and retro-closure predicts about omniscience. When we theorize about a perfect knower, we are theorizing about what an ideal agent ought to believe. Our contention is that there isn’t an acceptable view of ideally rational belief given the assumptions of the open future and retro-closure, and thus this casts doubt on the conjunction of those assumptions. (shrink)

At least since Aristotle's famous discussion of the sea-battle tomorrow in On Interpretation 9, philosophers have been fascinated by a rich set of interconnecte.

This book launches a sustained defense of a radical interpretation of the doctrine of the open future. Patrick Todd argues that all claims about undetermined aspects of the future are simply false.

Recently, philosophers have turned their attention to the question, not when a given agent is blameworthy for what she does, but when a further agent has the moral standing to blame her for what she does. Philosophers have proposed at least four conditions on having “moral standing”: -/- 1. One’s blame would not be “hypocritical”. 2. One is not oneself “involved in” the target agent’s wrongdoing. 3. One must be warranted in believing that the target is indeed blameworthy for the (...) wrongdoing. 4. The target’s wrongdoing must some of “one’s business”. -/- These conditions are often proposed as both conditions on one and the same thing, and as marking fundamentally different ways of “losing standing.” Here I call these claims into question. First, I claim that conditions (3) and (4) are simply conditions on different things than are conditions (1) and (2). Second, I argue that condition (2) reduces to condition (1): when “involvement” removes someone’s standing to blame, it does so only by indicating something further about that agent, viz., that he or she lacks commitment to the values that condemn the wrongdoer’s action. The result: after we clarify the nature of the non-hypocrisy condition, we will have a unified account of moral standing to blame. Issues also discussed: whether standing can ever be regained, the relationship between standing and our "moral fragility", the difference between mere inconsistency and hypocrisy, and whether a condition of standing might be derived from deeper facts about the "equality of persons". (shrink)

Moral latitude is only ever a matter of coincidence on the most popular decision procedure in the literature on moral uncertainty. In all possible choice situations other than those in which two or more options happen to be tied for maximal expected choiceworthiness, Maximize Expected Choiceworthiness implies that only one possible option is uniquely appropriate. A better theory of appropriateness would be more sensitive to the decision maker’s credence in theories that endorse agent-centred prerogatives. In this paper, we will develop (...) and defend a modified version of this view that allows for agent-centred prerogatives and supererogation as part of its verdicts about appropriateness. (shrink)

As well as disagreeing about how much one should donate to charity, moral theories also disagree about where one should donate. In light of this disagreement, how should the morally uncertain philanthropist allocate her donations? In many cases, one intuitively attractive option is for the philanthropist to split her donations across all of the charities that are recommended by moral views in which she has positive credence, with each charity’s share being proportional to her credence in the moral theories that (...) recommend that particular charity. Despite the fact that something like this approach is already being used by real-world philanthropists to distribute billions of dollars of donations, it is not supported by any of the approaches to moral uncertainty that have been proposed thus-far in the philosophical literature. In this paper, we will develop a bargaining-based approach to moral uncertainty that honors the proportionality intuition in favor of splitting one’s donations. We also show how this bargaining-based approach has several further advantages over the best alternative proposals. (shrink)

Jury science is fraught with difficulty. Since legal and institutional hurdles render it all but impossible to study live criminal jury deliberation, researchers make use of various indirect methods to evaluate jury performance. But each of these methods are open to methodological criticism and, strikingly, some of the highest-profile jury research programmes in recent years have reached opposing conclusions. Uncertainty about jury performance is an obstacle for legal reform—ongoing debates about the ‘justice gap’ for complainants of sexual offences has rendered (...) these problems stark. This paper proposes a way to advance the debate. (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.

This chapter explores some of the major developments in the philosophical understanding of suicide in 19th Century Western thought. Two developments in particular are considered. The first is a widespread shift towards thinking about suicide in medical terms rather than moral terms. Deploying methods initiated by a number of French and German thinkers in the preceding century who worked at the then emerging interface between the social and biological sciences, a number of 19th century thinkers ejected what they took to (...) be old metaphysical superstitions about ‘good’ and ‘evil’, and replaced them with (allegedly) hard-nosed scientific diagnoses of ‘health’ and ‘sickness’. Dismissing traditional moral arguments against the permissibility of suicide, the phenomenon came to be viewed as a symptom of decline or degeneration. How variations of this view, in biological and social contexts, reorientated practical responses to suicide in terms of treatment rather than moral condemnation is explored. The second 19th century development in philosophical thought with respect to suicide the chapter considers concerns its place in one of the most significant controversies in Germany from 1860 to the turn of the century: the Pessimismusstreit or ‘pessimism dispute’. While philosophical pessimism might be thought to vindicate or even entail suicide, many of the most prominent pessimists—including Arthur Schopenhauer and Eduard von Hartmann—denied that this was the case, and perhaps surprisingly took suicide to involve a special kind of moral and/or epistemic failing. The chapter aims to elucidate the different arguments which pessimists appealed to in order to ground this position. (shrink)

An early, very preliminary edition of this book was circulated in 1962 under the title Set-theoretical Structures in Science. There are many reasons for maintaining that such structures play a role in the philosophy of science. Perhaps the best is that they provide the right setting for investigating problems of representation and invariance in any systematic part of science, past or present. Examples are easy to cite. Sophisticated analysis of the nature of representation in perception is to be found already (...) in Plato and Aristotle. One of the great intellectual triumphs of the nineteenth century was the mechanical explanation of such familiar concepts as temperature and pressure by their representation in terms of the motion of particles. A more disturbing change of viewpoint was the realization at the beginning of the twentieth century that the separate invariant properties of space and time must be replaced by the space-time invariants of Einstein's special relativity. Another example, the focus of the longest chapter in this book, is controversy extending over several centuries on the proper representation of probability. The six major positions on this question are critically examined. Topics covered in other chapters include an unusually detailed treatment of theoretical and experimental work on visual space, the two senses of invariance represented by weak and strong reversibility of causal processes, and the representation of hidden variables in quantum mechanics. The final chapter concentrates on different kinds of representations of language, concluding with some empirical results on brain-wave representations of words and sentences. (shrink)

The what next question for moral error theorists asks: if moral discourse is systematically error-ridden, then how, if at all, should moral error theorists continue to employ moral discourse? Recent years have seen growing numbers of moral error theorists come to endorse a wider normative error theory according to which all normative judgements are untrue. But despite this shift, the what next question for normative error theorists has received far less attention. This paper presents a novel solution to this question: (...) revolutionary normative subjectivism. Along the way, two primary contributions are advanced. First, a non-normative methodology for answering the normative error theoretic what next question is developed. Second, revolutionary normative subjectivism is presented and defended in accordance with the proposed methodology. (shrink)

The secularisation idea is that modernity leaves religion behind. But for Gauchet, modernity just is religion transformed, without remainder. The Axial Age discovery of the inner world of the psyche and its symbolic expressions, was at the same time a growth in understanding of God as creator, transcendent and incommensurable with all of creation. Henceforth, religion would be in the key of personal struggle and symbolic transformation, putting aside heteronomy. Taylor adds a caveat: the self-image of the self-sufficient, autonomous individual (...) subtracted from the canopy of 'higher' mythological entities obscures the basic human need for recognition and identity. This issues in an unhelpful politics of mobilization and manipulation. Likewise, Voegelin sees both liberal modernity and present-day religion as largely gnostic, closed and ideological versions of the traditions. Secular public policy types the religions as sects. But the autonomy of self-determination arises out of religion and a plausible secularisation thesis would see contemporary culture as containing within it the possibility for a secular expression of the authentic religious tradition - including resistance to sect-like religiosity. The revisionist history suggested here entails a rethink of the image of modernity in terms of a complete break with the pre-secular culture and entails a re-positioning of religion within secular society. (shrink)

These are my materials (a short precis, and replies to John MacFarlane, Mitchell Green, Ryan Wasserman, and Anthony Bigg and Kristie Miller) for a symposium on my book, _The Open Future: Why Future Contingents are All False_ (OUP, 2021) in *Analytic Philosophy*. [The contribution from MacFarlane is available on his website, those from Wasserman and Green are on their Academia profiles, and the contribution from Bigg and Miller is on Miller's PhilPapers profile.].

The principle of Conditional Excluded Middle has been a matter of longstanding controversy in both semantics and metaphysics. The principle suggests (among other things) that for any coin that isn't flipped, there is a fact of the matter about how it would have landed if it had been flipped: either it would have landed heads, or it would have landed tails. This view has gained support from linguistic evidence indicating that ‘would’ commutes with negation (e.g., ‘not: if A, would C’ (...) is equivalent to ‘if A, would not C’). There is, however, a long list of operators that similarly appear to commute with negation, even though the corresponding excluded middle principles are indefensible. We suggest that the data supporting Conditional Excluded Middle is best explained as a pragmatic effect. (shrink)

Traditional wisdom dictates that statistical model outputs are estimates, not measurements. Despite this, statistical models are employed as measurement instruments in the social sciences. In this article, I scrutinize the use of a specific model—the logit model—for psychological measurement. Given the adoption of a criterion for measurement that I call comparability, I show that the logit model fails to yield measurements due to properties that follow from its fixed residual variance.

The paper takes up Bell's “Everett theory” and develops it further. The resulting theory is about the system of all particles in the universe, each located in ordinary, 3-dimensional space. This many-particle system as a whole performs random jumps through 3N-dimensional configuration space – hence “Tychistic Bohmian Mechanics”. The distribution of its spontaneous localisations in configuration space is given by the Born Rule probability measure for the universal wavefunction. Contra Bell, the theory is argued to satisfy the minimal desiderata for (...) a Bohmian theory within the Primitive Ontology framework. TBM's formalism is that of ordinary Bohmian Mechanics, without the postulate of continuous particle trajectories and their deterministic dynamics. This “rump formalism” receives, however, a different interpretation. We defend TBM as an empirically adequate and coherent quantum theory. Objections voiced by Bell and Maudlin are rebutted. The “for all practical purposes”-classical, Everettian worlds exist sequentially in TBM. In a temporally coarse-grained sense, they quasi-persist. By contrast, the individual particles themselves cease to persist. (shrink)

We present and defend a Thomistic cosmological argument that runs independently of the principle of sufficient reason, sidestepping perhaps two of the most recurrent objections to cosmological reasoning: (a) the possibility of brute facts (i.e., that not everything needs an adequate explanation of its existence) and (b) the accusation of the composition fallacy. Drawing upon the work of Barry Miller, we show that any contingent entity like Thumper the rabbit, upon metaphysical analysis, is either a contradictory structure and therefore an (...) impossible existent or else points towards an extrinsic cause for the unity of its really distinct metaphysical parts (namely, its essence and its existence). This conclusion enables the inference that only an uncaused cause with no really distinct metaphysical parts can ultimately produce anything with really distinct metaphysical parts. We then suggest it is not implausible that this entity is God. (shrink)

The Hong and Page ‘diversity trumps ability’ result has been used to argue for the more general claim that a diverse set of agents is epistemically superior to a comparable group of experts. Here we extend Hong and Page’s model to landscapes of different degrees of randomness and demonstrate the sensitivity of the ‘diversity trumps ability’ result. This analysis offers a more nuanced picture of how diversity, ability, and expertise may relate. Although models of this sort can indeed be suggestive (...) for diversity policies, we advise against interpreting such results overly broadly. (shrink)

Contemporary arguments about private paramilitary organizations often focus on the threat of physical violence that they pose to the state: if such organizations garner enough physical power, then they can overtake the state via violent coup. Inspired by the legalist scholar Han Feizi’s position, we contend that such organizations also represent a sociopolitical, existential threat to the state. Specifically, their tendency for ideological expansion and subsequent gathering of political influence undermines state institutions, even without the use of overt physical force. (...) Consequently, the sociopolitical enterprise of having a unified, stable state is incompatible with the existence of, and public political support for, private paramilitary organizations, regardless of their actual or potential physical power. This argument succeeds regardless of the moral status of such paramilitary groups. Such groups, when they match the essential components of the description Han Feizi provides, are practically and politically antithetical to the integrity of the state. (shrink)

It is widely accepted that there is what has been called a non-hypocrisy norm on the appropriateness of moral blame; roughly, one has standing to blame only if one is not guilty of the very offence one seeks to criticize. Our acceptance of this norm is embodied in the common retort to criticism, “Who are you to blame me?”. But there is a paradox lurking behind this commonplace norm. If it is always inappropriate for x to blame y for a (...) wrong that x has committed, then all cases in which x blames x (i.e. cases of self-blame) are rendered inappropriate. But it seems to be ethical common-sense that we are often, sadly, in position (indeed, excellent, privileged position) to blame ourselves for our own moral failings. And thus we have a paradox: a conflict between the inappropriateness of hypocritical blame, and the appropriateness of self-blame. We consider several ways of resolving the paradox, and contend none is as defensible as a position that simply accepts it: we should never blame ourselves. In defending this startling position, we defend a crucial distinction between self-blame and guilt. (shrink)

These are my materials (a short precis, and replies to Alan Rhoda and Daniel Rubio) for an invited symposium on my book _The Open Future: Why Future Contingents are All False_ (OUP, 2021) in IJPR. [The commentaries from Rhoda/Rubio are available on their respective PhilPapers profiles.].

There is a longstanding argument that purports to show that divine foreknowledge is inconsistent with human freedom to do otherwise. Proponents of this argument, however, have for some time been met with the following reply: the argument posits what would have to be a mysterious non-causal constraint on freedom. In this paper, I argue that this objection is misguided – not because after all there can indeed be non-causal constraints on freedom (as in Pike, Fischer, and Hunt), but because the (...) success of the incompatibilist's argument does not require the real possibility of non-causal constraints on freedom. I contend that the incompatibilist's argument is best seen as showing that, given divine foreknowledge, something makes one unfree – and that this something is most plausibly identified, not with the foreknowledge itself, but with the causally deterministic factors that would have to be in place in order for there to be infallible foreknowledge in the first place. (shrink)

Todd and Rabern (2021) mount an argument that – contra both Thomason’s (1970) supervaluationism and MacFarlane’s (2014) relativism – an “open future” view is incompatible with the principle they call “Retro-closure”, according to which today’s rain implies that yesterday it was true that it would rain a day later. In a recent piece, MacFarlane replies. This paper has two aims. First, I argue that MacFarlane’s response to Todd and Rabern is unsuccessful on its own terms. Second, I attempt to clarify (...) Todd and Rabern’s overall argument, and explain how MacFarlane’s replies should be construed within the overall dialectic. The intended result: if you want an "open future", then one's best option is a modified Peirceanism (Todd 2021); if one wants Retro-closure, one's best option is one on which there is a determinate "Thin Red Line" (a view sometimes called "Ockhamism"). However, one cannot have what supervaluationism and relativism both promise, viz., a view that preserves both. (shrink)

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that (...) apply to individual inquirers. My aim in this paper is to rehabilitate purely statistical evidence by arguing that, given the broader aims of legal systems, there are scenarios in which relying on such evidence is appropriate. Along the way I explain why popular arguments appealing to individual epistemic norms to reject legal reliance on bare statistics are unconvincing, by showing that courts and individuals face different epistemic predicaments (in short, individuals can hedge when confronted with statistical evidence, whilst legal tribunals cannot). I also correct some misconceptions about legal practice that have found their way into the recent literature. (shrink)

Pessimistic empirical evidence about the reformatory and deterrent effects of punitive treatment poses a challenge for all justificatory theories of punishment. Yet, the dominant progressive view remains that punishment is required for the most serious crimes. This paper outlines an empirically sensitive prospectus for justifying punitive treatment through understanding the importance of reintegration. On this view, punishment can be viewed as a preferred alternative to the rigours of social ostracism, a common way of dealing with offenders in lieu of formal (...) criminal justice. Adopting reintegration as a primary aim encourages taking a longer view which focuses on desistance from criminality rather than only on reform at the point of release from formal punishment. The view outlined in this paper enables a vindication of reintegrative punishment even when it is not the most immediately efficient means of reforming offenders. In making this argument, I develop the modern retributive platform in criminal justice theory, identify various overlooked yet key nuances in the relationship between reintegration and reform, and argue for greater theoretical and practical attention to how the state can make the communities they serve more receptive to reintegrating offenders. (shrink)

This paper focuses on Nietzsche’s claim that suffering is closely related to the realization of certain perfectionist values, such as artistic excellence. According to Bernard Reginster, creative achievement consists in overcoming suffering, and therefore, suffering is an essential ingredient of creative achievement. Because suffering forms an essential part of a valuable whole in this way, Reginster argues that we must in turn value suffering ‘for its own sake’. This paper argues that Reginster’s position is open to the following objection: from (...) the fact that suffering is an essential part of a valuable whole, it does not follow that suffering is itself valuable. Rather, by taking advantage of the principle of organic unities, it would have to form an essential part of a valuable whole in a particular way. The author considers two ways the principle might be attributed to Nietzsche’s views on suffering: first, as an ‘enabling condition’, in which suffering allows for a whole that outweighs its disvalue; and second, as ‘a contributor’, in which suffering positively contributes value to the whole. The paper explores how Nietzsche’s ethics turns out to be crucially informed by this conceptual distinction. (shrink)

There is a familiar debate between Russell and Strawson concerning bivalence and ‘the present King of France’. According to the Strawsonian view, ‘The present King of France is bald’ is neither true nor false, whereas, on the Russellian view, that proposition is simply false. In this paper, I develop what I take to be a crucial connection between this debate and a different domain where bivalence has been at stake: future contingents. On the familiar ‘Aristotelian’ view, future contingent propositions are (...) neither true nor false. However, I argue that, just as there is a Russellian alternative to the Strawsonian view concerning ‘the present King of France’, according to which the relevant class of propositions all turn out false, so there is a Russellian alternative to the Aristotelian view, according to which future contingents all turn out false, not neither true nor false. The result: contrary to millennia of philosophical tradition, we can be open futurists without denying bivalence. (shrink)

“Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy in this paper (...) is aligned with traditional theories that conceive autonomy in terms of an individual’s capacities for, and exercises of rational reflection. However, at the same time, this paper extends these accounts by arguing that autonomy is, in part, embodied. Specifically, by drawing on phenomenological conceptions of the experience of autonomy, we argue that, in principle, the body is a necessary component of the capacity for autonomy. Secondly, through the presentation of two different cases, we highlight ways in which a patient’s body can contribute to the autonomy of treatment choices. Ultimately, we hope to encourage others to explore additional conditions under which a concept of embodied autonomy should be employed in medical decision making, how its underlying principles might be operationalised in clinical situations, and its consequences for approaches to patient autonomy in healthcare practice, policy, and law. (shrink)

In response to criticism, we often say – in these or similar words – “Let’s see you do better!” Prima facie, it looks like this response is a challenge of a certain kind – a challenge to prove that one has what has recently been called standing. More generally, the data here seems to point a certain kind of norm of criticism: be better. Slightly more carefully: One must: criticize x with respect to standard s only if one is better (...) than x with respect to standard s. In this paper, I defend precisely this norm of criticism – an underexplored norm that is nevertheless ubiquitous in our lives, once we begin looking for it. The be better norm is, I hope to show, continuously invoked in a wide range of ordinary settings, can undergird and explain the widely endorsed non-hypocrisy condition on the standing to blame, and apparent counterexamples to the norm are no such counterexamples at all. I further contend that, given some plausible principles, my previous “moral commitment” account of the moral standing to blame will be extensionally equivalent to the be better norm. (shrink)

This paper is about the similarity between the appreciation of a piece of art, such as a cherished music album, and the loving appreciation of a person whom one knows well. In philosophical discussion about the rationality of love, the Qualities View (QV) says that love can be justified by reference to the qualities of the beloved. I argue that the oft-rehearsed trading-up objection fails to undermine the QV. The problems typically identified by the objection arise from the idea that (...) love-worthy qualities could be coarse-grained, when in fact they must be fine-grained. The analogy with appreciation of aesthetic qualities helps to draw out this point. Once the fine-grained nature of love-worthy qualities is properly understood, it is clear that critics of the QV cannot rely on the trading-up objection to motivate its rejection. Moreover, the paper’s core argument helps to illuminate the persistently aesthetic nature of interpersonal affections. (shrink)

This paper responds to recent work in the philosophy of Homotopy Type Theory by James Ladyman and Stuart Presnell. They consider one of the rules for identity, path induction, and justify it along ‘pre-mathematical’ lines. I give an alternate justification based on the philosophical framework of inferentialism. Accordingly, I construct a notion of harmony that allows the inferentialist to say when a connective or concept is meaning-bearing and this conception unifies most of the prominent conceptions of harmony through category theory. (...) This categorical harmony is stated in terms of adjoints and says that any concept definable by iterated adjoints from general categorical operations is harmonious. Moreover, it has been shown that identity in a categorical setting is determined by an adjoint in the relevant way. Furthermore, path induction as a rule comes from this definition. Thus we arrive at an account of how path induction, as a rule of inference governing identity, can be justified on mathematically motivated grounds. (shrink)

Christopher Cowie argues that moral error theory is uniquely placed to avoid embracing any of the troubling and counter-intuitive horns of moral paradoxes. Contra Cowie, I argue that moral non-cognitivists can also avoid embracing any such troubling and counter-intuitive horns. Rather than supporting moral error theory, I argue that moral paradoxes more precisely support moral nihilism—a first-order view that is consistent with moral error theory and with moral non-cognitivism. Moreover, I argue that reconstructing the argument from moral paradoxes as an (...) argument for moral nihilism enhances its philosophical significance in two ways. First, the argument from moral paradoxes is the first unified argument in support of moral nihilism. Second, given that the logical space of moral nihilism is greater than the logical space of moral error theory, the threat that the argument from moral paradoxes poses to moral philosophy is more serious than Cowie acknowledges. (shrink)

Phenomenology gives rise to certain ontological considerations that have far-reaching implications for standard conceptions of patient autonomy in medical ethics, and, as a result, the obligations of and to patients in clinical decision-making contexts. One such consideration is the phenomenological reduction in classical phenomenology, a core feature of which is the characterisation of our primary experiences as immediately and inherently meaningful. This paper builds on and extends the analyses of the phenomenological reduction in the works of Husserl, Heidegger, and Merleau-Ponty (...) in order to identify and explain its implications for our current understanding of the principle of respect for patient autonomy and the norms of clinical decision making. (shrink)

Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.

Various philosophers have wanted to move from a (P.F.) “Strawsonian” understanding of the “practices of moral responsibility” to a non-skeptical result. I focus on a strategy moving from a “response-dependent” theory of responsibility. I aim to show that a key analogy associated with this strategy fails to support a compatibilist result. It seems clear that nothing could show that nothing we have been laughing at has really been funny. If “the funny” is similar to “the blameworthy”, then perhaps it would (...) follow that nothing could show that no one we have ever blamed has really been blameworthy. The comparison is interesting, but inconclusive: even if we grant that these properties are normatively similar, the latter has substantive empirical presuppositions, whereas the former does not. One important upshot: even if the standards operative in our practices cannot be mistaken, it could nevertheless be that no one has ever met these standards Ruling out this possibility seemingly requires re-engaging in all of the so-called "metaphysical" debates Strawsonians are keen to avoid. (shrink)

What is it to be mentally healthy? In the ongoing movement to promote mental health, to reduce stigma, and to establish parity between mental and physical health, there is a clear enthusiasm about this concept and a recognition of its value in human life. However, it is often unclear what mental health means in all these efforts and whether there is a single concept underlying them. Sometimes, the initiatives for the sake of mental health are aimed just at reducing mental (...) illness, thus implicitly identifying mental health with the absence of diagnosable psychiatric disease. More ambitiously, there are high-profile proposals to adopt a positive definition, identifying mental health with psychic or even overall well-being. We argue against both: a definition of mental health as mere absence of mental illness is too thin, too undemanding, and too closely linked to psychiatric value judgments, while the definition in terms of well-being is too demanding and potentially oppressive. As a compromise, we sketch out a middle position. On this view, mental health is a primary good, that is, the psychological preconditions of pursuing any conception of the good life, including well-being, without being identical to well-being. (shrink)

Incompatibilism about responsibility and determinism is sometimes directly construed as the thesis that if we found out that determinism is true, we would have to give up the reactive attitudes. Call this "the consequence". I argue that this is a mistake: the strict modal thesis does not entail the consequence. First, some incompatibilists (who are also libertarians) may be what we might call *resolute responsibility theorists* (or "flip-floppers"). On this view, if we found out that determinism is true, this would (...) not be to find out that no one is responsible; instead, what this would suggest is that incompatibilism is after all false. Second, some incompatibilists may instead deny the claim that if we found out that no one deserves the reactiveattitudes, we would have to give up the reactive attitudes. Call this position *innocent incompatibilism*. I explore several different reasons why the fact that no one deserves the reactive attitudes likely does not translate into a requirement for us to give up the reactive attitudes. The upshot: incompatibilism may be practically irrelevant, even if true. (shrink)