Recently, some have attempted to reformulate debates in first-order metaphysics, particularly in the metaphysics of time and modality, for reasons due to Williamson. In this paper, we focus on the ways in which the likes of Cameron, Correia and Rosenkranz, Deasy, Ingram, Tallant, Viebahn, inter alia, have initiated and responded to attempts to capture the core of presentism using a formal, logical machinery. We argue that such attempts are doomed to fail because there is no theoretical core to presentism. (...) There is no single view or family of views that is presentism. (shrink)

In this paper, we defend Lucretian Presentism. Although the view faces many objections and has proven unpopular with presentists, we rehabilitate Lucretianism and argue that none of the objections stick.

Presentists face a familiar problem. If only present objects exist, then what 'makes true' our true claims about the past? According to Ross Cameron, the 'truth-makers' for past and future tensed propositions are presently instantiated Temporal Distributional Properties. We present an argument against Cameron's view. There are two ways that we might understand the term 'distribute' as it appears. On one reading, the resulting properties are not up to the task of playing the truth-maker role; on the other, the properties (...) are incompatible with presentism. (shrink)

The relationship between abstract formal procedures and the activities of actual physical systems has proved to be surprisingly subtle and controversial, and there are a number of competing accounts of when a physical system can be properly said to implement a mathematical formalism and hence perform a computation. I defend an account wherein computational descriptions of physical systems are high-level normative interpretations motivated by our pragmatic concerns. Furthermore, the criteria of utility and success vary according to our diverse purposes and (...) pragmatic goals. Hence there is no independent or uniform fact to the matter, and I advance the ‘anti-realist’ conclusion that computational descriptions of physical systems are not founded upon deep ontological distinctions, but rather upon interest-relative human conventions. Hence physical computation is a ‘conventional’ rather than a ‘natural’ kind. (shrink)

Ross Cameron proposes to reconcile presentism and truth-maker theory by invoking temporal distributional properties, instantiated by present entities, as the truth-makers for truths about the past. This chapter argues that Cameron's proposal fails because objects can change which temporal distributional properties they instantiate and this entails that the truth-values of truths about the past can change in an objectionable way.

This discussion of Sergio Tenenbaum’s excellent book, Rational Powers in Action, focuses on two noteworthy aspects of the big picture. First, questions are raised about Tenenbaum’s methodology of giving primacy to cases in which the agent has all the requisite background knowledge, including knowledge of a means that will be sufficient for achieving her end, and no significant false beliefs. Second, the implications of Tenenbaum’s views concerning the rational constraints on revising our ends are examined.

Presentists, who believe that only present objects exist, should accept a thisness ontology, since it can do considerable work in defence of presentism. In this paper, I propose a version of presentism that involves thisnesses of past and present entities and I argue this view solves important problems facing standard versions of presentism.

This introduction provides a brief overview of the issues and arguments that arise in Hume's _Dialogues concerning Natural Religion_ (1779). It also provides a few brief comments relating to the historical context in which this text should be interpreted , as well as an account of the place of the _Dialogues_ in relation to Hume's other philosophical works.

This paper considers the question of “atheism” as it arises in Hume’s _Dialogues_. It argues that the concept of “atheism” involves several signficiant ambiguities that are indicative of philosophical and interpretive disagreements of a more substantial nature. It defends the view that Philo’s general sceptical orientation accurately represents Hume’s own “irreligious” and “atheistic” commitments, both in the _Dialogues_ and in his other (“earlier”) writings. While Hume was plainly a “speculative atheist”, his “practical atheism” was targeted more narrowly against “superstition” - (...) as opposed to deism or religion of a more “philosophical” kind. (shrink)

Robust Realists think that there are irreducible, non-natural, and mind-independent moral properties. Quasi-Realists and Relaxed Realists think the same, but interpret these commitments differently. Robust Realists interpret them as metaphysical commitments, to be defended by metaphysical argument. Quasi-Realists and Relaxed Realists say that they can only be interpreted as moral commitments. These theories thus pose a serious threat to Robust Realism, for they apparently undermine the very possibility of articulating the robust metaphysical commitments of this theory. I clarify and respond (...) to this threat, showing that there is in fact space to develop and defend a robust moral ontology. (shrink)

Moral abolitionists recommend that we get rid of moral discourse and moral judgement. At first glance this seems repugnant, but abolitionists think that we have overestimated the practical value of our moral framework and that eliminating it would be in our interests. I argue that abolitionism has a surprising amount going for it. Traditionally, abolitionism has been treated as an option available to moral error theorists. Error theorists say that moral discourse and judgement are committed to the existence of moral (...) properties, and that no such properties exist. After error theory is established, abolitionism is one potential way to proceed. However, many error theorists suggest that we retain moral discourse as a sort of fiction. I evaluate some attractions of both fictionalism and abolitionism, arguing that abolitionism is a plausible position. No one doubts that error theorists can be abolitionists. However, what has gone largely undiscussed is that it is open to others to be abolitionists as well. I argue that moral realists of a metaphysically robust sort can and perhaps should be abolitionists. ‘Realist abolitionism’ makes for a surprisingly neat theoretical package, and I conclude that it represents an interesting new option in the theoretical landscape. (shrink)

De Finetti would claim that we can make sense of a draw in which each positive integer has equal probability of winning. This requires a uniform probability distribution over the natural numbers, violating countable additivity. Countable additivity thus appears not to be a fundamental constraint on subjective probability. It does, however, seem mandated by Dutch Book arguments similar to those that support the other axioms of the probability calculus as compulsory for subjective interpretations. These two lines of reasoning can be (...) reconciled through a slight generalization of the Dutch Book framework. Countable additivity may indeed be abandoned for de Finetti's lottery, but this poses no serious threat to its adoption in most applications of subjective probability. Introduction The de Finetti lottery Two objections to equiprobability 3.1 The ‘No random mechanism’ argument 3.2 The Dutch Book argument Equiprobability and relative betting quotients The re-labelling paradox 5.1 The paradox 5.2 Resolution: from symmetry to relative probability Beyond the de Finetti lottery. (shrink)

In the third and final part of his A Theory of Determinism (TD) Ted Honderich addresses the fundamental question concerning “the consequences of determinism.” The critical question he aims to answer is what follows if determinism is true? This question is, of course, intimately bound up with the problem of free will and, in particular, with the question of whether or not the truth of determinism is compatible or incompatible with the sort of freedom required for moral responsibility. It is (...) Honderich’s aim to provide a solution to “the problem of the consequences of determinism” and a key element of this is his articulation and defence of an alternative response to the implications of determinism that collapses the familiar Compatibilist/Incompatibilist dichotomy. Honderich offers us a third way – the response of “Affirmation” (HFY 125-6). Although his account of Affirmation has application and relevance to issues and features beyond freedom and responsibility, my primary concern in this essay will be to examine Honderich’s theory of “Affirmation” as it concerns the free will problem. (shrink)

Presentism and Eternalism are competing views about the ontological and temporal structure of the world, introduced and demarcated by their answers to questions about what exists and whether what exists changes. The goal of this chapter is to give the reader a clear understanding of Presentism and Eternalism, and a sense of some considerations used to critically assess the views by briefly rehearsing some of the main philosophical problems facing them.

Should a principle of charity be applied to the interpretation of the colour concepts exercised in visual experience? We think not. We shall argue, for one thing, that the grounds for applying a principle of charity are lacking in the case of colour concepts. More importantly, we shall argue that attempts at giving the experience of colour a charitable interpretation either fail to respect obvious features of that experience or fail to interpret it charitably, after all. Charity to visual experience (...) is therefore no motive for resisting the natural, Galilean response to a scientific understanding of light and vision. The best interpretation of colour experience ends up convicting it of widespread and systematic error. (shrink)

This paper argues that, given a certain apparently inevitable thesis about content, we could not know our own minds. The thesis is that the content of a thought is determined by its relational properties.

Endurantists have recently faced a mereological puzzle in various forms. Here I argue that, instead of presenting a genuine worry, the puzzle actually reveals a common misunderstanding about the endurantist ontology. Furthermore, through this discussion of the alleged problem and the misunderstanding which motivates it, I reveal metaphysical commitments the endurantist has that may not be widely recognized. For instance, she is committed to interesting and perhaps controversial views about shape and location. I highlight these commitments and what they mean (...) for the endurantist. (shrink)

Some environmental ethicists and economists argue that attributing infinite value to the environment is a good way to represent an absolute obligation to protect it. Others argue against modelling the value of the environment in this way: the assignment of infinite value leads to immense technical and philosophical difficulties that undermine the environmentalist project. First, there is a problem of discrimination: saving a large region of habitat is better than saving a small region; yet if both outcomes have infinite value, (...) then decision theory prescribes indifference. Second, there is a problem of swamping probabilities: an act with a small but positive probability of saving an endangered species appears to be on par with an act that has a high probability of achieving this outcome, since both have infinite expected value. Our paper shows that a relative concept of infinite value can be meaningfully defined, and provides a good model for securing the priority of the natural environment while avoiding the failures noted by sceptics about infinite value. Our claim is not that the relative infinity utility model gets every detail correct, but rather that it provides a rigorous philosophical framework for thinking about decisions affecting the environment. (shrink)

World Crisis and Underdevelopment examines the impact of poverty and other global crises in generating forms of structural coercion that cause agential and societal underdevelopment. It draws from discourse ethics and recognition theory in criticizing injustices and pathologies associated with underdevelopment. Its scope is comprehensive, encompassing discussions about development science, philosophical anthropology, global migration, global capitalism and economic markets, human rights, international legal institutions, democratic politics and legitimation, world religions and secularization, and moral philosophy in its many varieties.

Christos Kyriacou has recently proposed charging moral error theorists with intellectual vice. He does this in response to an objection that Ingram makes against the 'moral fixed points view' developed by Cuneo and Shafer-Landau. This brief paper shows that Kyriacou's proposed vice-charge fails to vindicate the moral fixed points view. I argue that any attempt to make an epistemic vice-charge against error theorists will face major obstacles, and that it is highly unlikely that such a charge could receive the (...) evidential support that it would need in order to play the dialectical role that Kyriacou has in mind for it. I conclude that the moral fixed points view remains in serious trouble. (shrink)

Proponents of public reason views hold that the exercise of political power ought to be acceptable to all reasonable citizens. This article elucidates the common structure shared by all public reason views, first by identifying a set of questions that all such views must answer and, second, by showing that the answers to these questions stand in a particular relationship to each other. In particular, we show that what we call the ‘rationale question’ is fundamental. This fact, and the common (...) structure more generally, are often overlooked or distorted within the literature. As a result, we argue, several prominent argumentative moves made by both critics and defenders of public reason are unsuccessful. Our overall conclusion is that discussions of public reason views would be more fruitful if they made consistent use of the common structure we identify. (shrink)

Recasting Hume and Early Modern Philosophy is a collection of essays that are all concerned with major figures and topics in the early modern philosophy. Most of the essays are concerned, more specifically, with the philosophy of David Hume (1711-1776). The sixteen essays included in this collection are divided into five parts. These parts are arranged under the headings of: (1) Metaphysics and Epistemology; (2) Free Will and Moral Luck; (3) Ethics, Virtue and Optimism; (4) Skepticism, Religion and Atheism; and (...) (5) Irreligion and the Unity of Hume’s Thought. A particularly important theme running through many of these essays is the subject of Hume’s irreligious aims and intentions. The fifth and final part of the collection is devoted to an articulation and defence of this specific understanding of Hume’s philosophical thought. (shrink)

THE PRINCIPLE OF SUPERPOSITION. The need for a quantum theory Classical mechanics has been developed continuously from the time of Newton and applied to an ...

Public shaming plays an important role in upholding valuable social norms. But, under what conditions, if any, is it morally justifiable? Our aim in this paper is systemically to investigate the morality of public shaming, so as to provide an answer to this neglected question. We develop an overarching framework for assessing the justifiability of this practice, which shows that, while shaming can sometimes be morally justifiable, it very often is not. In turn, our framework highlights several reasons to be (...) concerned about the increasingly widespread phenomenon of online public shaming. (shrink)

Among recent objections to Pascal's Wager, two are especially compelling. The first is that decision theory, and specifically the requirement of maximizing expected utility, is incompatible with infinite utility values. The second is that even if infinite utility values are admitted, the argument of the Wager is invalid provided that we allow mixed strategies. Furthermore, Hájek has shown that reformulations of Pascal's Wager that address these criticisms inevitably lead to arguments that are philosophically unsatisfying and historically unfaithful. Both the objections (...) and Hájek's philosophical worries disappear, however, if we represent our preferences using relative utilities rather than a one-place utility function. Relative utilities provide a conservative way to make sense of infinite value that preserves the familiar equation of rationality with the maximization of expected utility. They also provide a means of investigating a broader class of problems related to the Wager. (shrink)

This is a pdf of a Mathematica calculation that supplements the paper "Presentist Fragmentalism and Quantum Mechanics" forthcoming in Foundations of Physics. In that paper the Born rule (or at least a progenitor) is derived from experimental conditions on the mutual observations of two fragments. In this pdf the experimental conditions are applied to Hilbert space dimensions 3, 4, and 5. It turns out each of these have a 1-dimensional solution space which, it is hoped, can be interpretated as the (...) phase. (shrink)

We are witnessing increasing use of the Internet, particular social media, to criticize (perceived or actual) moral failings and misdemeanors. This phenomenon of so-called ‘online public shaming’ could provide a powerful tool for reinforcing valuable social norms. But it also threatens unwarranted and severe punishments meted out by online mobs. This paper analyses the dangers associated with the informal enforcement of norms, drawing on Locke, but also highlights its promise, drawing on recent discussions of social norms. We then consider two (...) crucial conditions that online public shaming must meet in order to be justifiable: proportionality and accountability. We argue that these requirements are in fact frequently violated, rendering most cases of online public shaming unjustified. While the use of online public shaming against others’ vices has some apparent virtues, it is currently rarely justified, given its own vices. (shrink)

The dispute between realists about color and anti-realists is actually a dispute about the nature of color properties. The disputants do not disagree over what material objects are like. Rather, they disagree over whether any of the uncontroversial facts about material objects--their powers to cause visual experiences, their dispositions to reflect incident light, their atomic makeup, and so on--amount to their having colors. The disagreement is thus about which properties colors are and, in particular, whether colors are any of the (...) properties in a particular set that is acknowledged on both sides to exhaust the properties of material objects. In a previous paper we discussed at length one attempt to identify colors with particular properties of material objects--namely, with their dispositions to cause visual experiences. Here we shall discuss a different and perhaps more influential version of realism, which says that the colors of material objects are microphysical properties of their surfaces. We shall call this theory physicalism about color (physicalism, for short). In order to evaluate this theory, however, we shall first have to clarify some methodological issues. Our hope is that we can bring some further clarity to the question of color realism, whether or not we succeed in our critique of the physicalists' answer. (shrink)

Here I defend the compatibility of presentism and time travel against a few objections. Keller and Nelson argue that, if presentism is at all plausible, presentism and time travel are as compatible as eternalism and time travel. But Miller and Sider are not convinced. I reply that for their concerns to have merit, Miller and Sider must assume presentists are committed to positions they need not be; I explain why presentists are not so committed and, in the process, defend Keller (...) and Nelson’s position that there is no roadblock to presentist time travel that does not also apply to eternalist time travel. (shrink)

The paper looks at three big ideas that have been associated with the term “relativism.” The first maintains that some property has a higher-degree than might have been thought. The second that the judgments in a particular domain of discourse are capable only of relative truth and not of absolute truth And the third, which I dub with the oxymoronic label “absolutist relativism,” seeks to locate relativism in our acceptance of certain sorts of spare absolutist principles. -/- The first idea (...) is well illustrated by the famous cases drawn from physics, but is ill suited for providing a model for the sorts of relativism about normative domains that have most interested philosophers. -/- The second idea – according to which it is the truth of certain judgments that is relative – seems subject to a very difficult dilemma. -/- The final idea provides a coherent model of cases like etiquette but is not plausibly applied to the moral or epistemic domains. (shrink)

Papers, Please, by Lucas Pope (2013), explores the story of a customs inspector in the fictional political regime of Arstotzka. In this paper we explore the stories, systems and moral themes of Papers, Please in order to illustrate the systemic approach to designing videogames for moral engagement. Next, drawing on the Four Component model of ethical expertise from moral psychology, we contrast this systemic approach with the more common scripted approach. We conclude by demonstrating the different strengths and weaknesses that (...) these two approaches have when it comes to designing videogames that engage the different aspects of a player’s moral expertise. (shrink)

In this chapter, we analyze the relationships between the Internet and its users in terms of situated cognition theory. We first argue that the Internet is a new kind of cognitive ecology, providing almost constant access to a vast amount of digital information that is increasingly more integrated into our cognitive routines. We then briefly introduce situated cognition theory and its species of embedded, embodied, extended, distributed and collective cognition. Having thus set the stage, we begin by taking an embedded (...) cognition view and analyze how the Internet aids certain cognitive tasks. After that, we conceptualize how the Internet enables new kinds of embodied interaction, extends certain aspects of our embodiment, and examine how wearable technologies that monitor physiological, behavioral and contextual states transform the embodied self. On the basis of the degree of cognitive integration between a user and Internet resource, we then look at how and when the Internet extends our cognitive processes. We end this chapter with a discussion of distributed and collective cognition as facilitated by the Internet. (shrink)

It is one thing to hold that merely statistical evidence is _sometimes_ insufficient for rational belief, as in typical lottery and profiling cases. It is another thing to hold that merely statistical evidence is _always_ insufficient for rational belief. Indeed, there are cases where statistical evidence plainly does justify belief. This project develops a dispositional account of the normativity of statistical evidence, where the dispositions that ground justifying statistical evidence are connected to the goals (= proper function) of objects. There (...) are strong intuitive motivations for doing this. For we can turn almost any case of _non-justifying_ merely statistical evidence into a case of _justifying_ merely statistical evidence by adding information about the dispositions and goals of the objects involved. The resulting view not only helps us understand when and why merely statistical evidence is normatively significant, but it also helps us understand how statistical evidence relates to more standard forms of evidence (perceptual, testimonial). The emerging view also has surprising applications, as it imposes limitations on the epistemic value of fine-tuning arguments for theism as well as undermines a standard class of case-based arguments for moral encroachment. (shrink)

This chapter proposes a critical examination of ideological tendencies at work in two main democratic theories currently at play within the critical theory tradition: the deliberative theory advanced famously by Habermas and his acolytes, and the partisan theory advanced by Mouffe and others influenced by Gramsci and Schmitt. Explaining why these theories appeal to distinctive social groups on the Left, divided mainly by education and economic status, it argues that neither theory accounts for the possibility of a Left democratic, party-based (...) politics with broad appeal. Exhibiting tendencies that weaken party-based politics, each of these theories encourages populist forms of politics that obstruct democratic, emancipatory struggle. Their linkage being an essential condition for emancipatory struggle, I conclude that structural changes in capitalism, web-based communication, education, and working conditions offer limited opportunities to revitalize Left party politics with the popular support needed to reconnect working masses with party elites as both seek solutions to their precarity under global capitalism. (shrink)

I show that the Pinkerton rule in conspiracy law is doctrinally and morally flawed. Unlike past critics of the rule, I propose a statutory fix that preserves and reforms it rather than abolishing it entirely. As I will show, this accommodates authors like Neil Katyal who have defended the rule as an important crime fighting tool while also fixing most of the traditional problems with it identified by critics like Wayne LaFave. Pinkerton is a vicarious liability rule that makes conspirators (...) criminally responsible for the foreseeable crimes of their coconspirators committed in furtherance of the conspiracy. It has two big problems: (1) Doctrinally, it breaks the logic of the many state criminal codes that are based on the Model Penal Code. (2) Ethically, it infringes the culpability constraint on the criminal law by imposing excessive punishments on defendants who did not even consciously suspect that their coconspirators would commit additional crimes that were not the object of the conspiracy. These problems are most acute in Texas, where Pinkerton can be combined with capital murder charges to produce automatic life without parole sentences. The Texas example is an extreme illustration of the problem of unintended consequences when state legislators tinker with the carefully drafted, interlocking provisions of a model code. The new statute I propose would put the penal code back in order and respect the culpability constraint. In the latter aspect, it is informed by leading work in philosophical ethics on blameworthiness and culpability. (shrink)

The guilt left by immoral actions is why moral duties are more pressing and serious than other reasons like prudential considerations. Religions talk of sin and karma; the secular still speak of spots or stains. I argue that a moral staining view of guilt is in fact the best model. It accounts for guilt's reflexive character and for anxious, scrupulous worries about whether one has transgressed. To understand moral staining, I borrow Christine Korsgaard's view that we construct our identities as (...) agents through our actions. The contribution of immoral actions to self-constitution explains why moral obligations have priority and importance. (shrink)

According to pluralistic intuitionist theories, some of our moral beliefs are non-inferentially justified, and these beliefs come in both an a priori and an a posteriori variety. In this paper I present new support for this pluralistic form of intuitionism by examining the deeply social nature of moral inquiry. This is something that intuitionists have tended to neglect. It does play an important role in an intuitionist theory offered by Bengson, Cuneo, and Shafer-Landau (forth), but whilst they invoke the social (...) nature of moral inquiry in order to argue that ordinary moral intuitions are trustworthy, my argument focuses on what I will call the ‘frontiers’ of moral inquiry. I will show that inclusive and cooperative dialogue is necessary at moral inquiry’s frontiers, and that intuitionists can expect such dialogue to result in both a priori and a posteriori moral beliefs. (shrink)

Andrew Lister’s Public Reason and Political Community is an important new contribution to the debate over political liberalism. In this article, I critically evaluate some of the central arguments of the book in order to assess the current state of public reason liberalism. I pursue two main objections to Lister’s work. First, Lister’s justification for public reason, which appeals to the value of civic friendship, fails to show why public reason liberalism should be preferred to an alternative democratic theory that (...) does not include public reason restrictions. Second, there are several important ambiguities and tensions within Lister’s view that he does not adequately resolve. His approach to them often takes public reason liberalism in directions that many of its advocates will reject. More work thus remains to be done by public reason liberals both to show why public reason restrictions are necessary and to resolve these tensions in a more satisfactory way. (shrink)

Some philosophers object to moral error theory by arguing that there a parity between moral and epistemic normativity. They maintain that moral and epistemic error theory stand or fall together, that epistemic error theory falls, and that moral error theory thus falls too. This paper offers a response to this objection on behalf of moral error theorists. I defend the view that moral and epistemic error theory do not stand or fall together by arguing that moral error theory can be (...) sustained alongside epistemic expressivism. This unusual combination of theories can be underpinned by differences in the foundational norms that guide moral and epistemic inquiry. I conclude that the problem of epistemic normativity fails to show that it is compulsory for us to reject moral error theory. (shrink)

Debates between political liberals and liberal perfectionists have been reinvigorated by Jonathan Quong’s Liberalism Without Perfection. In this paper I argue that certain forms of perfectionism can rebut or evade Quong’s three central objections – that perfectionism is manipulative, paternalistic, and illegitimate. I then argue that perfectionists can defend an ‘internal conception’ of perfectionism, parallel in structure to Quong’s ’internal conception’ of political liberalism, but with a different conception of the justificatory constituency. None of Quong’s arguments show that his view (...) should be preferred to this perfectionist internal conception. It can thus equally claim to achieve ‘justification to all reasonable citizens’. (shrink)

One of the few points of unquestioned agreement in virtue theory is that the virtues are supposed to be excellences. The best way to understand the project of "virtue ethics" is to understand this claim as the idea that the virtues always yield correct moral action and, therefore, that we cannot be “too virtuous”. In other words, the virtues cannot be had in excess or “to a fault”. If we take this seriously, however, it yields the surprising conclusion that many (...) traits which have been traditionally thought of as “virtues” fail to make the grade. The most prominent solution to the problem, reminiscent of Aristotle's view, is found to generate more problems than it solves. -/- Ratio, Volume 35, Issue 1, Page 49-60, March 2022. (shrink)

Today, there is a family of celebrated police strategies that teach the importance of cracking down on petty crime and urban nuisance as the key to effective crime control. Under the “broken windows” appellation, this strategy is linked in the public mind with New York City and the alleged successes of its police department in reducing the rate of crime over the past two decades. This paper is critical of such order maintenance approaches to policing: I argue that infringements of (...) civil liberty by such departments could be reduced if the departments looked at law more as a good to be served for its own sake and less as an instrument for the promotion of order. In other words, a shot of legalism is the correct medicine to reduce police misconduct that pierces the law’s protections of citizen freedom. -/- This Article contributes to the critical literature on broken windows policing by reassessing the work of the famous Harvard scholar (James Q. Wilson) who fathered it. The Article takes Wilson’s work and turns it on its head, drawing very different prescriptive conclusions than he did himself. (shrink)

According to the Guise of the Good, an agent only does for a reason what she sees as good. One of the main motivations for the view is its apparent ability to explain why action for a reason must be intelligible to its agent, for on this view, an action is intelligible just in case it seems good. This motivation has come under criticism in recent years. Most notably, Kieran Setiya has argued that merely seeing one’s action as good does (...) not suffice to make the action intelligible. In this paper, I show that this objection has bite only because the Guise of the Good’s theory of intelligibility has yet seen little sustained articulation. Properly understood, this theory holds that an action is intelligible to an agent only if it appears to them to possess some substantive evaluative property. I then argue that this response to the objection has a significant implication for contemporary Guise of the Good theories, for it shows that the currently ascendant version of the theory, the attitudinal theory, cannot avail itself of the intelligibility motivation. (shrink)

A distinction is made between acting hypocritically and the character trait of being a hypocrite. The former is understood as resulting from the employment of a double standard in order to obtain a wrongful advantage, while a particular problem with the latter is that hypocrites do not give trustworthy testimony.

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

Plea bargains are the stock-in-trade of the modern American prosecutor’s office. The basic scenario, wherein a defendant agrees to plea guilty in exchange for a reduced sentence, is familiar to viewers of police procedurals. In an equally famous variation on the theme, the prosecutor requests something more than an admission of guilt: leniency will only be forthcoming if the defendant is willing to cooperate with the prosecutor in securing the conviction of another suspect. In some of these cases, the defendant (...) is a low-level criminal who has information on a high-level malefactor who is of more interest to the police. In others, the defendant and the person she is asked to testify against are of the same criminal rank, but evidentiary weaknesses induce the prosecutor to seek the aid of one suspect in order to convict the other. In this latter version, the classic tactic of film detectives is to offer the bargain to both defendants in the hopes that one will crack and agree to reveal what he knows about the other. The defendants could either be in custody for different crimes or be accomplices in the same offense. -/- The last variation (involving accomplices) is the subject of this Article. I take issue with the prosecutorial tactics in these cases because of the risk they create of punishing the comparatively virtuous person more than the comparatively vicious one for the same acts. As I will argue, it is the less honest person who is more likely to accept the prosecutor’s deal, leading the more honest person, who resisted temptation, to suffer greater penalties. -/- I contend that this scenario offends distributive justice, runs counter to the idea (accepted by some) that a proper goal of the state is the cultivation of good character in the citizenry, and is perverse insofar as a person will suffer more from the prosecutor's dilemma insofar as she is more or less a person of conscience. These negative considerations notwithstanding, I do not call for the abolition of accomplice plea bargaining but argue that the problems I raise should be considered when weighing its pros and cons. -/- This article was published in the company of a strong critical response by Guha Krishnamurthi, whose contribution I greatly appreciate. (shrink)