Much of the discussion surrounding the ethics of abortion has centered around the notion of personhood. This is because many philosophers hold that the morality of abortion is contingent on whether the fetus is a person - though, of course, some famous philosophers have rejected this thesis (e.g. Judith Thomson and Don Marquis). In this article, I construct a novel argument for the immorality of abortion based on the notion of impairment. This argument does not assume that the fetus is (...) a person - indeed, I concede (for the sake of argument) that the fetus is not a person - and hence the morality of abortion is not contingent on whether the fetus is a person. I finish by answering a plethora of objections to my argument, concluding that none of them are successful. (shrink)

It is often assumed that if the fetus is a person, then abortion should be illegal. Thomson1 laid the groundwork to challenge this assumption, and Boonin2 has recently argued that it is false: he argues that abortion should be legal even if the fetus is a person. In this article, I explain both Thomson’s and Boonin’s reason for thinking that abortion should be legal even if the fetus is a person. After this, I show that Thomson’s and Boonin’s argument for (...) legalised abortion fail; they have not given us good reason for thinking abortion should be legal.1 Finally, I argue that—if we play Boonin’s game—abortion should be illegal. When discussing the ethics and politics of abortion, whether the fetus is a person is usually central.3 4.2 However, Thomson1 long ago challenged this view. She argued that abortion is permissible even if the fetus is a person. To do so, she asks us to consider a case in which you are non-consensually taken to a hospital and hooked up to a famous violinist. The violinist, if he is to survive, needs to filter his blood through your body. After 9 months, he will be fine and you can unplug yourself and go on your way. If you unplug yourself prior to this, however, he will die. Is it permissible to unplug yourself? Thomson thinks the answer is ‘yes’. And this, she thinks, shows that abortion is permissible even if the fetus is a person. While the majority of her article focuses on the ethics of abortion, it is clear that she also aims to show that abortion should be legal if the fetus is a person; she would no doubt reject the view that the state is right to coerce you into …. (shrink)

In cases in which we must choose between either (i) preventing a woman from remaining unwillingly pregnant or (ii) preventing a fetus from being killed, we should prevent the fetus from being killed. But this suggests that in typical cases abortion is wrong: typical abortions involve preventing a woman from remaining unwillingly pregnant over preventing a fetus from being killed. So abortion is typically wrong—and this holds whether or not fetuses are persons.

In my article "Even if the fetus is not a person, abortion is immoral: The impairment argument" (this journal), I defended what I called “The impairment argument” which purports to show that abortion is immoral. Bruce Blackshaw (2019) has argued that my argument fails on three accounts. In this article, I respond to his criticisms.

This article is a response to Stephen Law's article ‘The evil-god challenge’. In his article, Law argues that if belief in evil-god is unreasonable, then belief in good-god is unreasonable; that the antecedent is true; and hence so is the consequent. In this article, I show that Law's affirmation of the antecedent is predicated on the problem of good (i.e. the problem of whether an all-evil, all-powerful, and all-knowing God would allow there to be as much good in the world (...) as there is), and argue that the problem of good fails. Thus, the antecedent is unmotivated, which renders the consequent unmotivated. Law's challenge for good-god theists is to show that good-god theism is not rendered unreasonable by the problem of evil in the same way that evil-god theism is rendered unreasonable by the problem of good. Insofar as the problem of good does not render belief in evil-god unreasonable, Law's challenge has been answered: since it is not unreasonable to believe in evil-god (at least for the reasons that Law gives) it is not unreasonable to believe in good-god. Finally, I show that – my criticism aside – the evil-god challenge turns out to be more complicated and controversial than it initially appears, for it relies on the (previously unacknowledged) contentious assumption that sceptical theism is false. (shrink)

Skeptical theism is a popular response to arguments from evil. Many hold that it undermines a key inference often used by such arguments. However, the case for skeptical theism is often kept at an intuitive level: no one has offered an explicit argument for the truth of skeptical theism. In this article, I aim to remedy this situation: I construct an explicit, rigorous argument for the truth of skeptical theism.

Abortion restrictions are particularly good for black women—at least in the United States. This claim will likely strike many as outlandish. And numerous commentaries on abortion restrictions have suggested otherwise: many authors have lamented the effects of abortion restrictions on women, and black women in particular—these restrictions are bad for them, these authors say. However, abortion restrictions are clearly good for black women. This is because if someone is prevented from performing a morally wrong action, it’s good for her. For (...) example, it’s good for Sarah if she’s prevented from driving home drunk. However, since abortion is morally wrong, it follows that it’s good for women when they are prevented from getting an abortion. And since black women get abortions at disproportionately high rates, abortion restrictions are good in particular for black women. Indeed, this is an example of a positive effect of intersectionality. (shrink)

Causal reasoning and game-theoretic reasoning are fundamental topics in artificial intelligence, among many other disciplines: this paper is concerned with their intersection. Despite their importance, a formal framework that supports both these forms of reasoning has, until now, been lacking. We offer a solution in the form of (structural) causal games, which can be seen as extending Pearl's causal hierarchy to the game-theoretic domain, or as extending Koller and Milch's multi-agent influence diagrams to the causal domain. We then consider three (...) key questions: i) How can the (causal) dependencies in games - either between variables, or between strategies - be modelled in a uniform, principled manner? ii) How may causal queries be computed in causal games, and what assumptions does this require? iii) How do causal games compare to existing formalisms? To address question i), we introduce mechanised games, which encode dependencies between agents' decision rules and the distributions governing the game. In response to question ii), we present definitions of predictions, interventions, and counterfactuals, and discuss the assumptions required for each. Regarding question iii), we describe correspondences between causal games and other formalisms, and explain how causal games can be used to answer queries that other causal or game-theoretic models do not support. Finally, we highlight possible applications of causal games, aided by an extensive open-source Python library. (shrink)

I provide an updated version of The Impairment Argument against abortion and respond to numerous objections that can be (and have been) raised to it.

Critics of skeptical theism often claim that if it (skeptical theism) is true, then we are in the dark about whether (or for all we know) there is a morally justifying for God to radically deceive us. From here, it is argued that radical skepticism follows: if we are truly in the dark about whether there is a morally justifying reason for God to radically deceive us, then we cannot know anything. In this article, I show that skeptical theism does (...) not entail that we are in the dark about whether (or for all we know) there is a morally justifying reason for God to deceive us. And hence arguments against skeptical theism that make use of this assumption fail. (shrink)

Arguments from evil purport to show that some fact about evil makes it (at least) probable that God does not exist. Skeptical theism is held to undermine many versions of the argument from evil: it is thought to undermine a crucial inference that such arguments often rely on. Skeptical objections to skeptical theism claim that it (skeptical theism) entails an excessive amount of skepticism, and therefore should be rejected. In this article, I show that skeptical objections to skeptical theism have (...) a very limited scope: only those who reject certain (apparently) popular epistemological theories will be threatened by them. (shrink)

The “Embryo Rescue Case” (ERC) refers to a thought experiment that is used to argue against the view that embryos have a right to life (i.e. are persons). I will argue that cognitive science undermines the intuition elicited by the ERC; I will show that whether or not embryos have a right to life, our mental tools will make it very difficult to believe that embryos have said right. This suggests that the intuition elicited by the ERC is not truth (...) indicative. The upshot of this is that we have an undercutting defeater for our intuition that embryos do not have a right to life. (shrink)

The ethical philosophy of Emmanuel Levinas is typically associated with a punishing conception of responsibility rather than freedom. In this chapter, our aim is to explore Levinas’s often overlooked theory of freedom. Specifically, we compare Levinas’s account of freedom to the Kantian (and Fichtean) idea of freedom as autonomy and the Hegelian idea of freedom as relational. Based on these comparisons, we suggest that Levinas offers a distinctive conception of freedom—“finite freedom.” In contrast to Kantian autonomy, finite freedom constitutively involves (...) standing in certain social relations with others. And in contrast to Hegelian relational freedom, the social relations involved in finite freedom are not defined by mutual recognition, but by feelings of separation and even antagonism. Along the way, we promote a reading Levinas’s Totality and Infinity as a Hegel-style story of Bildung (development), and show how, on Levinas’s view, freedom can develop or mature in the life of the individual. (shrink)

Joona Räsänen, in his article ‘Ectogenesis, abortion and a right to the death of the fetus’, has argued for the view that parents have a right to the death of the fetus. In this article, I will explicate the three arguments Räsänen defends, and show that two of them have false or unmotivated premises and hence fail, and that the support he offers for his third argument is inconsistent with other views he expresses in his article. Therefore, I conclude that (...) there is no right to the death of the fetus—or, if there is one, Räsänen has not shown it. (shrink)

Trent Dougherty has argued that commonsense epistemology and skeptical theism are incompatible. In this paper, I explicate Dougherty’s argument, and show that (at least) one popular form of skeptical theism is compatible with commonsense epistemology.

De facto objections to theism purport to show that theism is false, whereas de jure objections to theism claim that, whether or not theism is true, belief in God is irrational. Divine hiddenness – the fact that there are people who non-resistantly lack belief in God – is sometimes used as an argument against theism. In this article I will show that accepting the argument from divine hiddenness carries a high cost: it eliminates all de jure objections to theism. So (...) atheists can either have de jure objections to theism or the objection from divine hiddenness, but they cannot have both. (shrink)

Lougheed argues that a possible solution to the problem of divine hiddenness is that God hides in order to increase the axiological value of the world. In a world where God exists, the goods associated with theism necessarily obtain. But Lougheed also claims that in such a world it’s possible to experience the goods of atheism, even if they don’t actually obtain. This is what makes a world with a hidden God more valuable than a world where God is unhidden, (...) and also more valuable than an atheistic world with no God. We show that Lougheed never considers the comparison between a world where God hides and an atheistic world. We argue that it’s possible for a person to experience theistic goods in a world where God does not exist, a possibility Lougheed never considers. If this is right it undermines his axiological solution to divine hiddenness. We conclude by showing how our discussion of the axiology of theism connects to the existential question of whether God exists; that is, we show that the axiological question is dependent on the existential question. (shrink)

In this paper, I consider Sterba’s recent criticism of skeptical theism in context of his argument from evil. I show that Sterba’s criticism of skeptical theism shares an undesirable trait with all past criticisms of skeptical theism: it fails. This is largely due to his focus on causal connections and his neglect of logical connections. Because of this, his argument remains vulnerable to skeptical theism.

The pelvic exam is used to assess the health of female reproductive organs and so involves digital penetration by a physician. However, it is common practice for medical students to acquire experience in administering pelvic exams by performing them on unconscious patients without prior authorization. In this article, we argue that such unauthorized pelvic exams (UPEs) are sexual assault. Our argument is simple: in any other circumstance, unauthorized digital penetration amounts to sexual assault. Since there are no morally significant differences (...) between UPEs and other instances of digital penetration, UPEs are sexual assault. So, insofar as one is against sexual assault, one should be against UPEs. (shrink)

Skeptical theism is a popular response to arguments from evil. Recently, Matthew A. Benton, John Hawthorne, and Yoaav Isaacs have argued that the theses that ground skeptical theism are either false or limited in scope. In this article, I show that their objections rest on dubious assumptions about the nature of skeptical theism. Along the way, I develop and clarify the ambiguous parts of skeptical theism. The upshot of this is that—once the nature of skeptical theism is made clearer—it is (...) far more difficult to resist. (shrink)

Tim Maudlin has influentially argued that Humeanism about laws of nature stands in conflict with quantum mechanics. Specifically Humeanism implies the principle Separability: the complete physical state of a world is determined by the intrinsic physical state of each space-time point. Maudlin argues Separability is violated by the entangled states posited by QM. We argue that Maudlin only establishes that a stronger principle, which we call Strong Separability, is in tension with QM. Separability is not in tension with QM. Moreover, (...) while the Humean requires Separability to capture the core tenets of her view, there's no Humean-specific motivation for accepting Strong Separability. We go on to give a Humean account of entangled states which satisfies Separability. The core idea is that certain quantum states depend upon the Humean mosaic in much the same way as the laws do. In fact, we offer a variant of the Best System account on which the systemization procedure that generates the laws also serves to ground these states. We show how this account works by applying it to the example of Bohmian Mechanics. The 3N-dimensional configuration space, the world particle in it and the wave function on it are part of the best system of the Humean mosaic, which consists of N particles moving in 3-dimensional space. We argue that this account is superior to the Humean account of Bohmian Mechanics defended by Loewer and Albert, which takes the 3N-dimensional space, and its inhabitants, as fundamental. (shrink)

This paper is a response to Tyler Wunder’s ‘The modality of theism and probabilistic natural theology: a tension in Alvin Plantinga's philosophy’ (this journal). In his article, Wunder argues that if the proponent of the Evolutionary Argument Against Naturalism (EAAN) holds theism to be non-contingent and frames the argument in terms of objective probability, that the EAAN is either unsound or theism is necessarily false. I argue that a modest revision of the EAAN renders Wunder’s objection irrelevant, and that this (...) revision actually widens the scope of the argument. (shrink)

In this article, I argue that sceptical theists have too narrow a focus: they consider only God’s axiological reasons, ignoring any non-axiological reasons he may have. But this is a mistake: predicting how God will act requires knowing about his reasons in general, and this requires knowing about both God’s axiological and non-axiological reasons. In light of this, I construct and defend a kind of sceptical theism—Deontological Sceptical Theism—that encompasses all of God’s reasons, and briefly illustrate how it renders irrelevant (...) certain charges of excessive sceptical and how it evaporates equiprobability objections. Furthermore, I put forth a simple argument in favor of Deontological Sceptical Theism, which shows that everyone (at least currently) ought to endorse it. (shrink)

The subject’s perspective objection (SPO) is an objection against externalist theories of justification, warrant, and knowledge. In this article, I show that externalists can accommodate the SPO while remaining externalist. So, even if the SPO is successful, it does not motivate internalism, and the primary motivation for internalism has been lost. After this, I provide an explanation for why so many people find cases that motivate the SPO convincing.

An ongoing challenge within all approaches to ethical decision making is reducing the degree of doubt about what action is right, good, or at least better in a given situation. The process of moral discernment within Christian thought is no exception; however, different Christian communities tend to understand moral doubt and moral certainty differently, to pursue different ways of allaying doubt, and to expect—and accept—different degrees of moral certainty. Drawing especially from Aristotelian virtue theory, selected teachings from the Eastern Orthodox (...) tradition on humility, and recent discussions of the ‘grace of self-doubt,’ I sketch an account of virtuous moral doubt as a mean between the extremes of excessive and deficient moral doubt. My hope is doing so will help to make space and provide the framework for an ecumenical understanding of doubt’s proper role in moral discernment. (shrink)

Perry Hendricks’ impairment argument for the immorality of abortion is based on two premises: first, impairing a fetus with fetal alcohol syndrome is immoral, and second, if impairing an organism to some degree is immoral, then ceteris paribus, impairing it to a higher degree is also immoral. He calls this the impairment principle. Since abortion impairs a fetus to a higher degree than FAS, it follows from these two premises that abortion is immoral. Critics have focussed on the ceteris (...) paribus clause of TIP, which requires that the relevant details surrounding each impairment be sufficiently similar. In this article, we show that the ceteris paribus clause is superfluous, and by replacing it with a more restrictive condition, the impairment argument is considerably strengthened. There are no data in this work. (shrink)

Perry Hendricks’ original impairment argument for the immorality of abortion is based on the impairment principle (TIP): if impairing an organism to some degree is immoral, then ceteris paribus, impairing it to a higher degree is also immoral. Since abortion impairs a fetus to a higher degree than fetal alcohol syndrome (FAS) and giving a fetus FAS is immoral, it follows that abortion is immoral. Critics have argued that the ceteris paribus is not met for FAS and abortion, and (...) so we proposed the Modified Impairment Principle (MIP) to avoid these difficulties. Dustin Crummett has responded, arguing that MIP is open to various counterexamples which show it to be false. He also shows that MIP can generate moral dilemmas. Here, we propose a modification to MIP that resolves the issues Crummett raises. Additionally, Alex Gillham has criticized our appropriation of Don Marquis’ ‘future like ours’ reasoning about the wrongness of impairment. We show that his objections have minimal implications for our argument. (shrink)

Beliefs are concrete particulars containing ideas of properties and notions of things, which also are concrete. The claim made in a belief report is that the agent has a belief (i) whose content is a specific singular proposition, and (ii) which involves certain of the agent's notions and ideas in a certain way. No words in the report stand for the notions and ideas, so they are unarticulated constituents of the report's content (like the relevant place in "it's raining"). The (...) belief puzzles (Hesperus, Cicero, Pierre) involve reports about two different notions. So the analysis gets the puzzling truth values right. (shrink)

(Wide) pro-theism is the view that the world is better overall if theism is true. (Wide) anti-theism is the view that our world would be better overall if atheism is true. Arguments for pro-theism and anti-theism typically make use of traditional theism (the view that an omni-God exists) and generic atheism (the view that an omni-God doesn’t exist). In my view, when the debate between pro-theists and anti-theists makes use of traditional theism and generic atheism, pro-theism clearly comes out on (...) top. In this paper, I consider whether this result (i.e. pro-theism’s advantage over anti-theism) changes if we bring axiarchism into the mix: I compare axiarchistic theism and axiarchistic atheism. General axiarchism is the view that the world exists because it is good that it exists, and extreme axiarchism is the view that the world exists because it is the best possible world. When we take general axiarchistic theism and general axiarchistic atheism as our worldviews for comparison, I argue that there is no significant change with respect to anti-theism and pro-theism: neither position is able to capture goods that are traditionally associated with the other position, and so pro-theism still wins out. However, if we instead compare extreme axiarchistic atheism with extreme axiarchistic theism there is a significant change: while the case for pro-theism remains the same (because, I argue, it is not able to capture any of the goods of anti-theism), the case for anti-theism is greatly strengthened, because it is able to capture nearly all of the goods of pro-theism (e.g. the good of an afterlife, of cosmic justice, of there being no gratuitous evil). In other words, given extreme axiarchism, atheistic worlds can (and will) house goods that are traditionally associated with theistic worlds (e.g. those listed prior). This means that, given extreme axiarchism, pro-theists can’t appeal to those goods as favoring their position: they obtain whether our world is atheistic or theistic. Thus, they don’t favor pro-theism over anti-theism; the case for anti-theism has been strengthened. (Alternatively, we may say that the case for pro-theism has been weakened.) Ultimately, there is one good that extreme axiarchistic atheism does not enable anti-theism to capture—namely, God’s intrinsic unlimited goodness—and I argue that this shows that there is still a gap between pro-theism and anti-theism; while the gap has been substantially narrowed, it has not been eliminated. Thus, I suggest that the best route forward for anti-theists is to cast doubt on the view that God’s intrinsic goodness is unlimited. (shrink)

Tiddy Smith argues that common consent amongst geographically and historically isolated communities provides strong evidence for animism―the view that there are nature spirits. In this article, I argue that the problem of animistic hiddenness―the lack of widespread belief in nature spirits―is at least as strong evidence against animism that common consent is evidence for it, meaning that the evidence for animism that Smith provides is neutralized.

The ethics of abortion considers whether abortion is immoral. Pro-choice philosophers think that it is not immoral, while pro-life philosophers think that it is. The axiology of abortion considers whether world would be better if the pro-choice or pro-life position is right. While much attention has been given to the ethics of abortion, there has been no attention given to the axiology of abortion. In this article, I seek to change that. I consider various arguments for thinking our world would (...) be better if the pro-choice position or the pro-life position is correct, ultimately concluding that it would be better if the pro-choice position is right. This is unfortunate, however, since there is no good reason to think the pro-choice position is correct. (shrink)

In this chapter, I consider personal and impersonal anti-theism and personal and impersonal pro-theism. I show that skeptical theism undermines arguments for personal anti-theism and impersonal anti-theism. Next, I show that (at least some) arguments for personal and impersonal pro-theism are not undermined by skeptical theism. This throws a wrench in debates about the axiology of theism: if skeptical theism is true, then it is very difficult to establish certain positions in answer to the axiological question about God.

The evil-god challenge is a challenge for theists to show that belief in God is more reasonable than belief in evil-god. In this article, I show that whether or not evil-god exists, belief in evil-god is unjustified. But this isn’t the case for belief in God: belief in God is probably justified if theism is true. And hence belief in God is (significantly) more reasonable than belief in evil-god, and the evil-god challenge has been answered.

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)

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.

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.

ABSTRACT A thriving project in contemporary epistemology concerns identifying and explicating the epistemic virtues. Although there is little sustained argument for this claim, a number of prominent sources suggest that curiosity is an epistemic virtue. In this paper, I provide an account of the virtue of curiosity. After arguing that virtuous curiosity must be appropriately discerning, timely and exacting, I then situate my account in relation to two broader questions for virtue responsibilists: What sort of motivations are required for epistemic (...) virtue? And do epistemic virtues need to be reliable? I will sketch an account on which curiosity is only virtuous when rooted in a non-instrumental appreciation of epistemic goods, before arguing that curiosity can exhibit intellectual virtue irrespective of whether one is reliable in satisfying it. (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)

Recent work takes both philosophical and scientific progress to consist in acquiring factive epistemic states such as knowledge. However, much of this work leaves unclear what entity is the subject of these epistemic states. Furthermore, by focusing only on states like knowledge, we overlook progress in intermediate cases between ignorance and knowledge—for example, many now celebrated theories were initially so controversial that they were not known. -/- This paper develops an improved framework for thinking about intellectual progress. Firstly, I argue (...) that we should think of progress relative to the epistemic position of an intellectual community rather than individual inquirers. Secondly, I show how focusing on the extended process of inquiry (rather than the mere presence or absence of states like knowledge) provides a better evaluation of different types of progress. This includes progress through formulating worthwhile questions, acquiring new evidence, and increasing credence on the right answers to these questions. I close by considering the ramifications for philosophical progress, suggesting that my account supports rejecting the most negative views while allowing us to articulate different varieties of optimism and pessimism. (shrink)

I argue that traditional views on which beliefs are subject only to purely epistemic assessment can reject demographic profiling, even when based on seemingly robust evidence. This is because the moral failures involved in demographic profiling can be located in the decision not to suspend judgment, rather than supposing that beliefs themselves are a locus of moral evaluation. A key moral reason to suspend judgment when faced with adverse demographic evidence is to promote social equality—this explains why positive profiling is (...) dubious, along with more familiar cases of negative profiling, and why profiling is suspect even when no particular action is at stake. My suspension-based view, while compatible with revisionary normative positions, does not presuppose them. Philosophers of all stripes can reject demographic profiling both in thought and deed. (shrink)

If I were asked to put forward an ethical principle which I considered to be especially certain, it would be that no one can be responsible, in the properly ethical sense, for the conduct of another. Responsibility belongs essentially to the individual. The implications of this principle are much more far-reaching than is evident at first, and reflection upon them may lead many to withdraw the assent which they might otherwise be very ready to accord to this view of responsibility. (...) But if the difficulties do appear to be insurmountable, and that, very certainly, does not seem to me to be the case, then the proper procedure will be, not to revert to the barbarous notion of collective or group responsibility, but to give up altogether the view that we are accountable in any distinctively moral sense. (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)

The concept of the analyst's presence gained attention almost 60 years ago through the writings of the French analyst Sacha Nacht and the Hungarian-British Michael Balint. Anna Freud earlier spoke of the related, but rather ambiguous term "real person of the analyst," which has been widely discussed by many authors since. Both terms- presence and real person- appear frequently in the psychoanalytic literature, usually without much definition or conceptual clarity. Authors have used them in different ways, but in general their (...) intention has been to contrast the analyst's reality as a person with his function as a transference and fantasy object, perhaps as a corrective to the perceived austerity of the classical « one-person » model. Lacan's work represents an exception in attempting to escape the dialectic between intra and inter-psychic, but at the cost of eliminating the influence of the analyst as another subject. In contrast to metapsychologic theories of the mind, the author argues that "real presence" can be better understood as part of the phenomenologic experience of intersubjectivity, The co-presence of the analyst is fundamental to the encounter, rather than an accidental or intentional disruption. (shrink)

Criminal juries make decisions of great importance. A key criticism of juries is that they are unreliable in a multitude of ways, from exhibiting racial or gendered biases, to misunderstanding their role, to engaging in impropriety such as internet research. Recently, some have even claimed that the use of juries creates injustice on a large-scale, as a cause of low conviction rates for sexual criminality. Unfortunately, empirical research into jury deliberation is undermined by the fact that researchers are unable to (...) study live juries. The indirect sources of evidence used by researchers suffer from various problems, the most important of which is dubious levels of ecological validity. Real jury research—studying live jury deliberation—is controversial. However, as I argue, the objections to it are unconvincing. There is in fact a moral imperative to facilitate real jury research. (shrink)

This essay argues that a new subfield of AI governance should be explored that examines the policy-making process and its implications for AI governance. A growing number of researchers have begun working on the question of how to mitigate the catastrophic risks of transformative artificial intelligence, including what policies states should adopt. However, this essay identifies a preceding, meta-level problem of how the space of possible policies is affected by the politics and administrative mechanisms of how those policies are created (...) and implemented. This creates a new set of key considerations for the field of AI governance and should influence the action of future policymakers. This essay examines some of the theories of the policymaking process, how they compare to current work in AI governance, and their implications for the field at large and ends by identifying areas of future research. (shrink)

Despite playing an important role in epistemology, philosophy of science, and more recently in moral philosophy and aesthetics, the nature of understanding is still much contested. One attractive framework attempts to reduce understanding to other familiar epistemic states. This paper explores and develops a methodology for testing such reductionist theories before offering a counterexample to a recently defended variant on which understanding reduces to what an agent knows.

Humeanism – the idea that there are no necessary connections between distinct existences – and Nomic Essentialism – the idea that properties essentially play the nomic roles that they do – are two of the most important and influential positions in the metaphysics of science. Traditionally, it has been thought that these positions were incompatible competitors. We disagree. We argue that there is an attractive version of Humeanism that captures the idea that, for example, mass essentially plays the role that (...) it actually does in the laws of nature. In this paper we consider the arguments that have lead many to conclude that Humeanism cannot be combined with Nomic Essentialism; we identify the weaknesses in these arguments; and we argue in detail that a version of Humeanism based on a variant of the Best System account of laws captures the key intuitions behind nomic essentialism. (shrink)

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are multiple sources of (...) incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

Legal epistemology has been an area of great philosophical growth since the turn of the century. But recently, a number of philosophers have argued the entire project is misguided, claiming that it relies on an illicit transposition of the norms of individual epistemology to the legal arena. This paper uses these objections as a foil to consider the foundations of legal epistemology, particularly as it applies to the criminal law. The aim is to clarify the fundamental commitments of legal epistemology (...) and suggest a way to vindicate it. (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)