Pierre Levy è un professore di filosofia dell’Università di Parigi VIII a Saint-Denis che si è formato alla Sorbona seguendo i corsi dei maestri, M. Serres e C. Castoriadis. I suoi interessi di studio sono rivolti alle trasformazioni dello sviluppo tecnologico nell’ambito delle forme della conoscenza e della comunicazione e alle conseguenze economiche e politiche del nuovo cyberspazio sull’evoluzione antropologica e sociale. Pierre Levy esamina, quindi, i processi basilari del processo di globalizzazione su cui si concentrano le scienze (...) sociali; ma a suo modo, da intellettuale francese che «non aspira all’esattezza storica o scientifica, ma alla fecondità filosofica e pratica». L’intelligenza collettiva. Per un'antropologia del cyberspazio (1994) si presenta come un'opera suggestiva che contiene riflessioni lucide in un linguaggio personalizzato, con concessioni liriche imbarazzati e con una narrazione ridondante. Tuttavia, in questa opera così eterodossa, è possibile ritrovare un nucleo di analisi sociologica che affonda alcune delle sue premesse nella teoria dell’evoluzione dei sistemi sociali. Nella prima parte ,presento la teoria degli spazi antropologici , da una prospettiva diacronica: gli spazi antropologici – Terra, Territorio, Merci, Sapere – corrispondono a sviluppi evolutivi della specie umana - società primitive,antiche, moderne e contemporanee - in un processo discontinuo di significazione della riproduzione simbolica e materiale. Nell’analisi dello Spazio del sapere, si evidenzia come il consolidarsi del nuovo cyberspazio potrebbe ridefinire l’organizzazione e lo sviluppo degli spazi precedenti e si sottolineano le finalità pratiche della complessa prospettiva di Pierre Lévy (A): «una filosofia politica degna di questo nome non può accontentarsi di analizzare e sezionare una situazione senza assumersi il rischio di indicare una via di uscita adeguata». L’ambito dell’analisi diventa, infine, quello delle relazioni armoniche e cacofoniche tra i differenti spazi antropologici con la riuscita metafora dei quattro punti cardinali (B). (shrink)

(Dall'introduzione del volume) Nel terzo capitolo Simone Ghelli si lancia nell’impresa di ipotizzare un percorso di lettura leviano di cui non è dato trovare riscontri filologici precisi, ma che è tuttavia percepibile “nell’aria” e nelle opere del torinese. Si tratta di una risonanza con il pensiero filosofico di Pierre Bayle e della sua riflessione sulla sofferenza nell’orizzonte speculativo di Levi, il quale tornò sovente a meditare sul problema del male e sulla spinosa questione dell’assenza di Dio e dell’impossibilità di (...) fornire una giustificazione della vita e del mondo. Ghelli arriva così a sostenere che «la posizione di Levi esprime una profonda consapevolezza filosofica, una concatenazione non casuale di concetti e argomenti riconducibile a una tradizione ben precisa: quella dell’ateismo moderno». (shrink)

We cannot simply observe that Emile Durkheim, Claude Lévi-Strauss, and Pierre Bourdieu all received philosophical training and subsequently asserted, in surprisingly similar terms, that escaping from philosophy or breaking away from philosophical modes of thought was a necessary condition for any research in the human and social sciences, without considering whether there might be a direct relationship between the sociological ethos and a particular attitude towards philosophy. The "rupture" with philosophyis never complete: the sociologists' conception of sociology is, on (...) the contrary, heavily influenced by the negative image they have of philosophy, which they always invoke as something to be avoided or a specter that must be exorcised. The sociological perception of philosophy thus constitutes a system of oppositions, a set of likes and dislikes deeply ingrained in the minds of practitioners in the human and social sciences, and which, so to speak, form the very foundation of the discipline and its definition of its identity. By reconstructing it, this article proposes a sociological analysis of the genesis, structure, and function of the sociological unconscious. (shrink)

This article aims to deepen the question of atheism within Primo Levi’s work from a philosophical point of view. Taking into account the current debate on the «sacred» in Levi’s moral reflection, instead I propose an opposite perspective, according to which atheism stands for both the conditio sine qua non and the landing place of his ethics. At first, I aim to reconstruct the way in which Levi articulates the disassociation between God and Evil, underling how, according to Levi, the (...) concept of Providence is not only illogical, but particularly immoral. Such a perspective evokes a certain affinity with the atheistic tradition which opposed to Christian theodicy over modern philosophy. The conclusion is devoted to an in-depth analysis of the meaning of «Luck» as the only plausible ethical reason for survival. (shrink)

Le discussioni sulle tecnologie digitali e Internet e sulle loro applicazioni nel campo della politica sono l’inevitabile portato di un mutamento di più ampia rilevanza che coinvolge ogni aspetto economico, sociale e culturale della contemporaneità. È in corso una “rivoluzione tecnologica” di cui ancora non siamo pienamente consapevoli, che scombina assetti ritenuti stabili e sposta l’orizzonte del possibile. Il ceto politico in parte la condiziona e in parte la subisce. Nell’uno e nell’altro caso, possiamo rilevare che non è in grado (...) di capirla. Alle ICT (Information and Communication Technologies) si guarda con la speranza di sincronizzare finalmente l’operato del sistema politico-amministrativo alla rapidità e complessità dei nuovi tempi; e di avvicinare i governati ai governanti visto che la distanza tra le parti è sempre più marcata. Un sano scetticismo verso la capacità dell’apparato istituzionale di ri-generarsi spinge a credere che sarà un’opportunità sprecata se lasciata alla sola iniziativa dei politici: è necessario che la società civile si faccia carico del futuro, del suo futuro. La proposta non è così irrealistica; le comunità del XXI secolo potranno sfidare un divenire sempre più incerto solamente promuovendo la libertà e la responsabilità dei loro membri e creando le condizioni per sprigionare un’“intelligenza collettiva” attualmente dispersa e disconosciuta. Su questo piano si situa l’apporto teorico-analitico di Pierre Lévy, a cui va il merito di aver posto le domande giuste alla scienza e alla politica e di aver stimolato un movimento generale delle idee coerente con i grandi cambiamenti culturali e sociali odierni. (shrink)

Based on a discussion of the theoretical contributions of Claude Lévi-Strauss and Pierre Clastres, this article explores social relationships as more than a human dimension. Though strongly analysed by both anthropologists, these relationships appear to involve indigenous societies’ whole ecological and cosmological system. In this sense, reciprocity, social cohesion, and exchange can be understood as material and immaterial interrelationships between entities of a more than a corporeal world. I argue, then, that to go beyond the mere anthropocentric conceptualisation of (...) sociality in a nature good to think, we need to holistically conceive the interconnected levels of trophic, socio-structural and socio-cosmic relationships and exchanges between human and non-human beings in the ecosystem. (shrink)

Περιεχόμενα ΜΕΡΟΣ Α΄ Πραγματικότητα και δυνητικότητα στο πεδίο του ψηφιακού: Ζητήματα οντολογίας και γνωσιοθεωρίας 1.1 Αλέξανδρος Σχισμένος, Γιάννης Περπερίδης Για τον Luciano Floridi και την «πληροφοριακή σφαίρα» 1.2 Luciano Floridi Αυτοκατανόηση. οι τέσσερις Επαναστάσεις (μετάφραση: Αλέξανδρος Σχισμένος, Γιάννης Περπερίδης) 2.1 Κωνσταντίνος Φιλιππάκης Μια απόπειρα αναθεώρησης του «νεωτερικού συντάγματος» υπό «νεοκυβερνητική» έποψη 2.2 Iain Grant Θεωρίες της κυβερνοκουλτούρας (μετάφραση: Κωνσταντίνος Φιλιππάκης) 3.1 Στέφανος Ρέγκας Characteristica digitalis: ο Pierre Lévy και η τυποποίηση του νοήματος 3.2 Pierre Lévy Η (...) φύση της πληροφορίας (μετάφραση: Στέφανος Ρέγκας) 4.1 Ελένη Σπυράκου Η πληροφορία ως πραγματικότητα: δυνατότητες και όρια μιας διερώτησης 4.2 Albert Borgmann Δυνητικότητα και ασάφεια (μετάφραση: Ελένη Σπυράκου) 5.1 Μαριάνθη-Ελένη Διαμαντοπούλου Κατ’ εικόνα και ομοίωση: μια ανδρική οντολογία του κυβερνοχώρου 5.2 Michael Heim Η ερωτική οντολογία του κυβερνοχώρου (μετάφραση: Μαριάνθη-Ελένη Διαμαντοπούλου) 6.1 Γιώργος Περτσάς Μεταξύ αμφισημίας και παραδοξότητας: για την οντολογία των ψηφιακών τεχνουργημάτων 6.2 Jannis Kallinikos, Aleksi Aaltonen, Attila Marton Η αμφίσημη οντολογία των ψηφιακών τεχνουργημάτων (μετάφραση: Γιώργος Περτσάς) ΜΕΡΟΣ Β΄ Σώματα, ταυτότητες, εμπειρίες στο πεδίο του ψηφιακού: Ζητήματα φιλοσοφικής ανθρωπολογίας 1.1 Ιωάννης-Φίλιππος Φεϊζίδης Don Ihde: ο άνθρωπος ανάμεσα στις μηχανές 1.2 Don Ihde Σώματα, δυνητικά σώματα και τεχνολογία (μετάφραση: Ιωάννης-Φίλιππος Φεϊζίδης) 2.1 Ιωάννης-Φίλιππος Φεϊζίδης Stéphane Vial: προς μία αυτοτελή φιλοσοφία της τεχνολογίας 2.2 Stéphane Vial Βλέπειν και αντιλαμβάνεσθαι στην ψηφιακή εποχή: θεωρία της οντοφάνειας (μετάφραση: Ιωάννης-Φίλιππος Φεϊζίδης) 3.1 Αλέξανδρος Σχισμένος Υποκείμενο και σώμα στην ψηφιακή εποχή 3.2 Katherine N. Hayles Η υλικότητα της πληροφορίας (μετάφραση: Αλέξανδρος Σχισμένος) 4.1 Μαριάνθη-Ελένη Διαμαντοπούλου Μια ευθεία γραμμή προς το μάτριξ, πολλές αλλόκοτες γραμμές προς την ελευθερία 4.2 Sadie Plant Περί Μάτριξ: κυβερνοφεμινιστικές προσομοιώσεις (μετάφραση: Μαριάνθη-Ελένη Διαμαντοπούλου) 5.1 Βιβή Ζάψα Από τον Homo digitalis στον Homo qubitalis: μια σύντομη εισαγωγή 5.2 Rafael Capurro Πέραν της πληροφοριακής σφαίρας (μετάφραση: Βιβή Ζάψα) 6.1 Γιάννης Νίνος Ψηφιακότητα και κρίση παραδειγμάτων 6.2 Μανώλης Πατηνιώτης Προσωπική ταυτότητα και δυνητικότητα: η επανεπινόηση του εαυτού σε ψηφιακά περιβάλλοντα ΜΕΡΟΣ Γ΄ Ατομικές και συλλογικές επιτελέσεις στο πεδίο του ψηφιακού: Ζητήματα πολιτικής φιλοσοφίας και κοινωνικής θεωρίας 1.1 Γιώργος Καφφέζας Langdon Winner: ένας κριτικός προφήτης στις αρχές της ψηφιακής επανάστασης 1.2 Langdon Winner Ο μύθος της πληροφορίας (μετάφραση: Γιώργος Καφφέζας) 2.1 Γιάννης Κτενάς, Γιώργος Περτσάς Βίωμα και δέσμευση στην ψηφιακή εποχή: Ο Hubert Dreyfus συναντά τον Kierkegaard σε μια κριτική του διαδικτύου 2.2 Hubert L. Dreyfus Ο μηδενισμός στη λεωφόρο της πληροφορίας: η ανωνυμία ενάντια στη δέσμευση σήμερα (μετάφραση: Γιάννης Κτενάς) 3.1 Γιάννης Περπερίδης Paidia, Ludus και ψηφιακές τεχνολογίες: η ανατρεπτικότητα του παίζειν και ο εκδημοκρατισμός της τεχνολογίας 3.2 Sara M. Grimes, Andrew Feenberg Εξορθολογίζοντας το παίζειν: μία κριτική θεωρία του ψηφιακού παιχνιδιού (μετάφραση: Γιάννης Περπερίδης) 4.1 Ειρήνη Φωλίνα, Γιάννης Περπερίδης Μετα-φαινομενολογία και ψηφιακές τεχνολογίες: μία απόπειρα εισαγωγής στο έργο του Mark Coeckelbergh 4.2 Mark Coeckelbergh Τεχνολογία, αφήγηση, και επιτέλεση στο κοινωνικό θέατρο: πώς οι ψηφιακές τεχνολογίες γράφουν, σκηνοθετούν, και οργανώνουν τις αφηγηματικές και χρονικές δομές της κοινωνικής μας ύπαρξης (μετάφραση: Ειρήνη Φωλίνα, Γιάννης Περπερίδης) 5.1 Μαρία Μούρτου-Παραδεισοπούλου, Παναγιώτης Διδάχος, Γιάννης Περπερίδης Το πολιτικό πρόταγμα πίσω από τα ψηφιακά κοινά 5.2 Αλέξανδρος Κιουπκιολής Τα ψηφιακά κοινά, το πολιτικό και η κοινωνική αλλαγή: προς μια ολοκληρωμένη στρατηγική αντι-ηγεμονίας που προάγει τα κοινά (μετάφραση: Μαρία Μούρτου-Παραδεισοπούλου, Παναγιώτης Διδάχος) Οι συντελεστές του τόμου Ευρετήριο ονομάτων. (shrink)

An English translation of Pierre Bayle's posthumous last book, Entretiens de Maxime et de Themiste (1707), in which Bayle defends his skeptical position on the problem of the evil. This book is often cited and attacked by G.W. Leibniz in his Theodicy (1710). Over one hundred pages of original philosophical and historical material introduce the translation, providing it with context and establishing the work's importance.

A number of concerns have been raised about the possible future use of pharmaceuticals designed to enhance cognitive, affective, and motivational processes, particularly where the aim is to produce morally better decisions or behavior. In this article, we draw attention to what is arguably a more worrying possibility: that pharmaceuticals currently in widespread therapeutic use are already having unintended effects on these processes, and thus on moral decision making and morally significant behavior. We review current evidence on the moral effects (...) of three widely used drugs or drug types: propranolol, selective serotonin reuptake inhibitors, and drugs that effect oxytocin physiology. This evidence suggests that the alterations to moral decision making and behavior caused by these agents may have important and difficult-to-evaluate consequences, at least at the population level. We argue that the moral effects of these and other widely used pharmaceuticals warrant further empirical research and ethical analysis. (shrink)

Recently, various philosophers have argued that we can obtain knowledge via the imagination. In particular, it has been suggested that we can come to know concrete, empirical matters of everyday significance by appropriately imagining relevant scenarios. Arguments for this thesis come in two main varieties: black box reliability arguments and constraints-based arguments. We suggest that both strategies are unsuccessful. Against black-box arguments, we point to evidence from empirical psychology, question a central case-study, and raise concerns about a (claimed) evolutionary rationale (...) for the imagination's reliability. Against the constraints-based account, we argue that to the extent that it works, this does not give rise to knowledge that is distinctively from the imagination. We conclude by suggesting that the imagination's role in raising possibilities, traditionally seen as part of the context of discovery, can in fact play a role in justification, including as a bulwark against certain sorts of skepticism. (shrink)

Philosophical orthodoxy has it that intentional action consists in one’s intention appropriately causing a motion of one’s body, placing the latter as (conceptually and/or metaphysically) prior to the former. Here I argue that this standard schema should be reversed: acting intentionally is at least conceptually prior to intending. The argument is modelled on a Williamsonian argument for the priority of knowledge developed by Jenifer Nagel. She argues that children acquire the concept KNOWS before they acquire BELIEVES, building on this alleged (...) developmental priority of knowledge to establish its conceptual priority. I start by taking a closer look at Nagel’s argument, canvassing extant objections to do both with the empirical adequacy of her claims and their philosophical implications. Doing so allows me in the second part of the paper to draw lessons that inform the construction of a revamped parallel argument for the priority of ACTS INTENTIONALLY. (shrink)

The Hodgkin–Huxley (HH) model of the action potential is a theoretical pillar of modern neurobiology. In a number of recent publications, Carl Craver ([2006], [2007], [2008]) has argued that the model is explanatorily deficient because it does not reveal enough about underlying molecular mechanisms. I offer an alternative picture of the HH model, according to which it deliberately abstracts from molecular specifics. By doing so, the model explains whole-cell behaviour as the product of a mass of underlying low-level events. The (...) issue goes beyond cellular neurobiology, for the strategy of abstraction exhibited in the HH case is found in a range of biological contexts. I discuss why it has been largely neglected by advocates of the mechanist approach to explanation. 1 Introduction2 A Primer on the HH Model2.1 The basic qualitative picture2.2 The quantitative model3 Interlude: What Did Hodgkin and Huxley Think?4 Craver’s View4.1 Mechanistic explanation4.2 Sketches4.3 Craver's view: The HH model as a mechanism sketch5 An Alternative View of the HH Model5.1 Another look at the equations5.2 The discrete-gating picture5.3 The road paved by Hodgkin and Huxley5.4 Summary and comparison to Craver6 Conclusion: The HH Model and Mechanistic Explanation6.1 Sketches and abstractions6.2 Why has aggregative abstraction been overlooked? (shrink)

Evolutionary debunking arguments appeal to selective etiologies of human morality in an attempt to undermine moral realism. But is morality actually the product of evolution by natural selection? Although debunking arguments have attracted considerable attention in recent years, little of it has been devoted to whether the underlying evolutionary assumptions are credible. In this paper, we take a closer look at the evolutionary hypotheses put forward by two leading debunkers, namely Sharon Street and Richard Joyce. We raise a battery of (...) considerations, both empirical and theoretical, that combine to cast doubt on the plausibility of both hypotheses. We also suggest that it is unlikely that there is in the vicinity a plausible alternative hypothesis suitable for the debunker’s cause. (shrink)

How does valuing something for its own sake differ from valuing an entity for the sake of other things? Although numerous answers come to mind, many of them rule out substantive views about what is valuable for its own sake. I therefore seek to provide a more neutral way to distinguish the two valuing attitudes. Drawing from existing accounts of valuing, I argue that the two can be distinguished in terms of a conative-volitional feature. Focusing first on “non-final valuing”—i.e. valuing_ (...) x_ for the sake of something else—I argue that it involves adopting certain reasons on account of a desire for _x_ to contribute to other things. I then show how this contrasts final valuing. The result, I argue, is a plausible account of how the two modes of valuing differ that leaves open substantive views about what all can be valued for its own sake. This is helpful because it develops a popular methodology used to explore the value of a wide range of things, including natural entities, family heirlooms, and artworks, as well as, more broadly, entities that might have “extrinsic final value.”. (shrink)

The following is a transcript of the interview I (Yasuko Kitano) conducted with Neil Levy (The Centre for Applied Philosophy and Public Ethics, CAPPE) on the 23rd in July 2009, while he was in Tokyo to give a series of lectures on neuroethics at The University of Tokyo Center for Philosophy. I edited his words for publication with his approval.

I argue for three conclusions. First, responsibility skeptics are committed to the position that the criminal justice system should adopt a universal nonresponsibility excuse. Second, a universal nonresponsibility excuse would diminish some of our most deeply held values, further dehumanize criminals, exacerbate mass incarceration, and cause an even greater number of innocent people (nonwrongdoers) to be punished. Third, while Saul Smilansky's ‘illusionist’ response to responsibility skeptics – that even if responsibility skepticism is correct, society should maintain a responsibility‐realist/retributivist criminal justice (...) system – is generally compelling, it would not work if a majority of society were to convert, theoretically and psychologically, to responsibility skepticism. In this (highly improbable) scenario, and only in this (highly improbable) scenario, the criminal justice system would need to be reformed in such a way that it aligned with the majority's responsibility‐skeptical beliefs and attitudes. (shrink)

Actions performed in a state of automatism are not subject to moral evaluation, while automatic actions often are. Is the asymmetry between automatistic and automatic agency justified? In order to answer this question we need a model or moral accountability that does justice to our intuitions about a range of modes of agency, both pathological and non-pathological. Our aim in this paper is to lay the foundations for such an account.

In this chapter, we argue for three theses: (1) we lack the power to form beliefs at will (i.e., directly); at very least, we lack the power to form at will beliefs of the kind that proponents of doxastic voluntarism have in mind; but (2) we possess a propensity to form beliefs for non-epistemic reasons; and (3) these propensities—once we come to know we have them—entail that we have obligations similar to those we would have were doxastic voluntarism true. Specifically, (...) we will argue that we have obligations to avoid triggering these propensities to form beliefs that are unwarranted or even immoral. (shrink)

Mind wandering has been a target of a fast-expanding area of research in cognitive science and philosophy. One of the central puzzles that researchers have been grappling with is whether this mental process should be thought of as passive or active in nature. Intuitively, a wandering mind seems passive but mounting empirical evidence suggests otherwise. Irving (2021) defends a prominent account of mind wandering as unguided attention, which aims inter alia to resolve the puzzle. However, I present counterexamples that reveal (...) Irving’s account to be both too weak and too strong. I then develop the alternative proposal that (stated roughly) mind wandering consists in voluntarily passive attention. After unpacking and defending this idea, I show how it helps to eliminate the conflicting appearance of mind wandering as both passive and active. (shrink)

Moral realism is often taken to have common sense and initial appearances on its side. Indeed, by some lights, common sense and initial appearances underlie all the central positive arguments for moral realism. We offer a kind of debunking argument, taking aim at realism’s common sense standing. Our argument differs from familiar debunking moves both in its empirical assumptions and in how it targets the realist position. We argue that if natural selection explains the objective phenomenology of moral deliberation and (...) judgement, then this undermines arguments from that phenomenology. This results in a simpler, and in some ways more direct, challenge to realism. It is also less vulnerable to the main objections that have been leveled against such arguments. If accepted, our conclusion should make a real difference to the dialectic in this area. It means that neither realism nor its denial is the default, to-be-refuted, position. (shrink)

The external world sceptic tells some familiar narratives involving massive deception. Perhaps we are brains in vats. Perhaps we are the victim of a deceitful demon. You know the drill. The sceptic proceeds by observing first that victims of such deceptions know nothing about their external environment and that second, since we cannot rule out being a victim of such deceptions our- selves, our own external world beliefs fail to attain the status of knowledge. Discussions of global external world scepticism (...) tend to focus on the second step, where a number of well-known lines of resistance have been offered. But there has been little attention to the first, seemingly innocuous step. That will be the focus of this paper. Part one – sections 1, 2, and 3 – will explain why these standard narratives are not convincing examples of cases where there is no knowledge of the external world. In part two – section 4 – we shall undertake a useful case study. David Lewis’s ‘Elusive Knowledge’ is often thought of as presenting an epistemological vision that is somewhat friendly to external world scepticism: as Lewis himself presents things, there are contexts where external world knowledge ascriptions are uniformly false, and where true knowledge ascriptions are limited to either axiomatic truths or truths about our inner life. We examine his discussion in the light of the preceding reflections and show that the framework he presents is not so concessionary to global external world scepticism after all. (shrink)

Many have the intuition that human persons are both extremely and equally valuable. This seeming extremity and equality of value is puzzling: if overall value is the sum of one's final value and instrumental value, how could it be that persons share the same extreme value? One way that we can solve the Value Puzzle is by following Andrew Bailey and Josh Rasmussen (2020) and accepting that persons have infinite final value. But there are some significant downsides to their way (...) of thinking about values, which relies on the extended real numbers. We offer a different approach: if we model values using the hyperreal numbers, we can capture many of our intuitions about the extremity and relative equality of human value without incurring the substantial theoretical costs of using the extended real numbers. We also examine other ways of modeling the infinite value of persons and evaluate the strengths and weaknesses of these other accounts compared to ours. (shrink)

I argue for two propositions. First, contrary to the common wisdom, we may justly punish individuals who are not morally responsible for their crimes. Psychopaths – individuals who lack the capacity to feel sympathy – help to prove this point. Scholars are increasingly arguing that psychopaths are not morally responsible for their behavior because they suffer from a neurological disorder that makes it impossible for them to understand, and therefore be motivated by, moral reasons. These same scholars then infer from (...) this conclusion that they must also lack criminal responsibility and therefore that our continuing to punish psychopaths for their crimes is unjust. My response is that this inference is entirely fallacious. -/- Criminal responsibility turns out to be quite distinct from moral responsibility. The two kinds of responsibility require very different conditions to be satisfied. In particular, criminal responsibility, unlike moral responsibility, does not require an agent be able to grasp and follow moral reasons; it requires only that the individual be able to grasp and follow criminal laws. Once this point is recognized, it becomes much easier to accept my thesis: while the subset of psychopaths who commit crimes are not morally responsible for their criminal behavior because they cannot understand moral reasons, they are still criminally responsible because they can understand what the consequences will be if they get caught. For this reason, even though I concede that psychopaths are not morally responsible for the crimes that they commit, our practice of punishing them for these crimes is still just. -/- Second, I argue that psychopathy is a mental illness and should be recognized as such. One reason that it should be recognized as a mental illness is simply because it is; it satisfies the main criteria for inclusion in the DSM-IV, the “bible” of mental disorders. The other reason is more practical than conceptual. It starts with two facts: the U.S. Supreme Court has decided that the preventive detention of any individual who is not a criminal suspect is not constitutional unless the individual is not only dangerous but also mentally ill; and psychopathy is not currently considered to be a mental illness. So, as things now stand, we cannot preventively commit dangerous psychopaths – that is, psychopaths who have clearly indicated that they will be committing serious crimes. Instead, we must wait for them to commit the crimes before we can lock them up. Unfortunately, this incarceration always comes too late for the victims. It would therefore be better if we could lock them up before they actually inflict any harm. Once again, then, I propose that the legal and psychological communities classify psychopathy as a mental illness. (shrink)

Thought experiments play a role in science and in some central parts of contemporary philosophy. They used to play a larger role in philosophy of science, but have been largely abandoned as part of the field’s “practice turn”. This chapter discusses possible roles for thought experimentation within a practice-oriented philosophy of science. Some of these roles are uncontroversial, such as exemplification and aiding discovery. A more controversial role is the reliance on thought experiments to justify philosophical claims. It is proposed (...) that if we adopt an underlying empiricist view of concepts, then thought experiments can be seen as affording us contact with scientific practice, despite their seemingly a priori character. The advantages and drawbacks of thought experiments are discussed via comparison with case studies, on the one, and simulations on the other hand. The chapter closes with some remarks on how to combine thought experiments with other methods. (shrink)

The mapping of numbers onto space is fundamental to measurement and to mathematics. Is this mapping a cultural invention or a universal intuition shared by all humans regardless of culture and education? We probed number-space mappings in the Mundurucu, an Amazonian indigene group with a reduced numerical lexicon and little or no formal education. At all ages, the Mundurucu mapped symbolic and nonsymbolic numbers onto a logarithmic scale, whereas Western adults used linear mapping with small or symbolic numbers and logarithmic (...) mapping when numbers were presented nonsymbolically under conditions that discouraged counting. This indicates that the mapping of numbers onto space is a universal intuition and that this initial intuition of number is logarithmic. The concept of a linear number line appears to be a cultural invention that fails to develop in the absence of formal education. (shrink)

There has been a resurgence of interest lately within philosophy of mind and action in the category of mental action. Against this background, the present paper aims to question the very possibility, or at least the theoretical significance, of teasing apart mental and bodily acts. After raising some doubts over the viability of various possible ways of drawing the mental act/bodily act distinction, the paper draws some lessons from debates over embodied cognition, which arguably further undermine the credibility of the (...) distinction. The insignificance of the distinction is demonstrated in part by showing how the focus on ‘inner’ acts hampers fruitful discussion of Galen Strawson’s skepticism of mental agency. Finally, the possibility is discussed that a distinction between covert and overt action should supplant the one between mental and bodily action. (shrink)

In this Article, I will argue that a person may be deserving of criminal punishment even in certain situations where she is not necessarily morally responsible for her criminal act. What these situations share in common are two things: the psychological factors that motivate the individual’s behavior are environmentally determined and her crime is serious, making her less eligible for sympathy and therefore less likely to be acquitted. -/- To get to this conclusion, I will proceed in four steps. In (...) Part II, I will offer the first two of these steps. First, I will argue that our foundational assumption that moral responsibility is necessary for just blame and punishment is not self-evident and is actually rather difficult to explain and justify. Second, I will offer an explanation and justification that appeals to our moral psychology. Specifically, I will argue that we subscribe to this assumption ultimately because we sympathize with agents who lack responsibility for their actions. -/- Third, in Part IV, I aim to show that even if moral responsibility is not conceptually — only “emotionally” — necessary for just blame and punishment, the traditionally recognized criminal excuses are not at risk because, contrary to popular wisdom, they do not really rely on this assumption to begin with. Instead, they stand less for the metaphysical proposition that we should refrain from blaming and punishing the non-responsible and more for the normative/ethical proposition that we should refrain from blaming and punishing those whom we cannot reasonably expect to have acted better. I will further argue that the latter proposition does not necessarily reduce to the former. -/- Fourth, once I have defended my account of the excuses, I will question in Parts V and VI the increasingly popular notion that we should add certain conditions or circumstances to the list of recognized excuses. I will focus on one in particular — the psychological theory of “situationism” — and will argue that, despite its initial plausibility, it should be kept off the list. While situationism arguably does negate moral responsibility, it does not negate criminal responsibility. -/- Of course, this is a controversial point. Criminal responsibility is almost universally thought to require moral responsibility. But in a previous article, "Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject to Criminal Punishment And to Preventive Detention," 48 San Diego L. Rev. 1299, I used personality psychology to drive a wedge between the two. In this article, I will use the opposite end of the psychological spectrum — social psychology — to drive the same important wedge. (shrink)

There is disagreement among physicians and medical ethicists on the precise goals of Hospice and Palliative Medicine (HPM). Some think that HPM's goals should differ from those of other branches of medicine and aim primarily at lessening pain, discomfort, and confusion; while others think that HPM's practices should, like all other branches of medicine, aim at promoting health. I take the latter position: using the ars moriendi to set a standard for what it means to die well, I argue that (...) if HPM's practices were to aim at mitigating suffering with little regard to promoting health, some patients would die worse deaths than if HPM's practices were to aim at health. According to the ars moriendi, flourishing at the end of one's life requires that one exercise her agency and pursue the goods most important to her. On this view, HPM's practices should promote patients’ health to enable them to pursue these goods. (shrink)

The overwhelmingly predominant view in philosophy sees intending as a mental state, specifically a plan-like state. This paper rejects the predominant view in favor of a starkly opposed novel alternative. After criticizing both the predominant Bratman-esque view of intention, and an alternative view inspired by Michael Thompson, the paper proceeds to set out and defend the idea that acting with an intention to V should be understood disjunctively, as either one’s V-ing intentionally or one’s performing some kind of failed intentional (...) V-ing, where the two disjuncts share no common state of intention. Instructive structural parallels to perceptual disjunctivism are pointed out, and the view is shown, unlike its rivals, to successfully extend to capture both prospective and present intention, thereby unifying the three different guises of intention. (shrink)

Intention Cognitivism – the doctrine that intending to V entails, or even consists in, believing that one will V – is an important position with potentially wide-ranging implications, such as a revisionary understanding of practical reason, and a vindicating explanation of 'Practical Knowledge'. In this paper, I critically examine the standard arguments adduced in support of IC, including arguments from the parity of expression of intention and belief; from the ability to plan around one's intention; and from the explanation provided (...) by the thesis for our knowledge of our intentional acts. I conclude that none of these arguments are compelling, and therefore that no good reason has been given to accept IC. (shrink)

I argue that Descartes' Second Causal Proof of God in the Third Meditation evidences, and commits him to, the belief that time is "strongly discontinuous" -- that is, that there is actually a gap between each consecutive moment of time. Much of my article attempts to reconcile this interpretation, the "received view," with Descartes' statements about time, space, and matter in his other writings, including his correspondence with various philosophers.

The Antiquities Act gives the president the power to designate “objects of historic or scientific interest” as “national monuments.” Presidents have used this power expansively, protecting massive tracts of federal land, often by claiming that very large things, such as the Grand Canyon or even entire landscapes, are “objects” in the requisite sense. There is legal debate over such uses of the Act, with critics arguing that they depart from the original intent and meaning of the legislation. What has been (...) less discussed, however, is whether the Act allows presidents to protect just the object of interest (whatever it turns out to be), or whether it allows presidents to protect a substantial amount of land around objects of interest. I draw from language in the Antiquities Act and existing case law to argue the latter. Due to the nature of “historic and scientific interest,” protecting an object with such interest often requires protecting certain features of the broader landscape. This holds regardless of what counts as an “object of interest.” As a result, it offers a way to argue on certain critics’ own grounds for more expansive designations: even granting a narrow, originalist conception of what qualifies as an “object,” large designations can be justified. (shrink)

This paper explores some consequences of Lewis’s (Australas J Philos 74(4):549–567, 1996) understanding of how knowledge is compartmentalized. It argues, first, that he underestimates how badly it impacts his view. When knowledge is compartmentalized, it lacks at least one of two essential features of Lewis’s account: (a) Elusiveness—familiar skeptical possibilities, when relevant, are incompatible with everyday knowledge. (b) Knowledge is a modality—when a thinker knows that p, there is no relevant possibility where p is false. Lewis proposes compartmentalized knowledge to (...) keep treating knowledge as a modality while mitigating one of its unrealistic epistemological implications: In normal modal epistemic logic (and standard possible world semantics), a thinker always counts as knowing the strongest proposition that follows from the set of all the individual propositions that this thinker knows. Lewis’s compartmentalization proposal is that thinkers merely know the conjunctions of propositions that are known in each of, but not across, their compartments. The irony is that in avoiding overblown knowledge the view now allows for thinkers to attend to skeptical error possibilities and yet knowledge is present. The account avoids inflation of knowledge in one sense only to acquire another type of knowledge the view denies subjects can have. This problem motivates an inspection of knowledge accounts whose intra-compartment closure principles are weaker than those that are valid in normal modal-logic. The conclusion is that some formulations of closure can avoid the challenge Lewis’s view faces. Nevertheless, even these closure principles pose a barrier—perhaps an implausible barrier—for knowledge of ignorance. Even when the reasoning supporting the lack of knowledge is sound, a subject cannot always know she doesn’t know. Interestingly, this obstacle is one that knowledge of knowledge doesn’t seem to face. (shrink)

Is calculation possible without language? Or is the human ability for arithmetic dependent on the language faculty? To clarify the relation between language and arithmetic, we studied numerical cognition in speakers of Mundurukú, an Amazonian language with a very small lexicon of number words. Although the Mundurukú lack words for numbers beyond 5, they are able to compare and add large approximate numbers that are far beyond their naming range. However, they fail in exact arithmetic with numbers larger than 4 (...) or 5. Our results imply a distinction between a nonverbal system of number approximation and a language-based counting system for exact number and arithmetic. (shrink)

The nature of attention has been the topic of a lively research programme in psychology for over a century. But there is widespread agreement that none of the theories on offer manage to fully capture the nature of attention. Recently, philosophers have become interested in the debate again after a prolonged period of neglect. This paper contributes to the project of explaining the nature of attention. It starts off by critically examining Christopher Mole’s prominent “adverbial” account of attention, which traces (...) the failure of extant psychological theories to their assumption that attending is a kind of process. It then defends an alternative, process-based view of the metaphysics of attention, on which attention is understood as an activity and not, as psychologists seem to implicitly assume, an accomplishment. The entrenched distinction between accomplishments and activities is shown to shed new light on the metaphysics of attention. It also provides a novel diagnosis of the empirical state of play. (shrink)

Response to commentary. We are grateful to Crockett and Craigie for their interesting remarks on our paper. We accept Crockett’s claim that there is a need for caution in drawing inferences about patient groups from work on healthy volunteers in the laboratory. However, we believe that the evidence we cited established a strong presumption that many of the patients who are routinely taking a medication, including many people properly prescribed the medication for a medical condition, have morally significant aspects of (...) their cognition and behavior modified in a way that is unintended and may sometimes be unwelcome. Crockett notes that in some cases the effects of long-term drug use may differ, sometimes markedly, from the effects of short-term use. However, if acute use of a drug affects a neural system involved in mediating moral cognition or behavior, this nevertheless provides some evidence that chronic use of the drug may affect that same system and thus have morally significant effects. It is also plausible, in some cases, that an acute moral effect would give rise to a chronic moral effect via cognitive mechanisms. ... (shrink)

Many scientists and philosophers of science think that beauty should play a role in theory selection. Physicists like Paul Dirac and Steven Weinberg explicitly claim that the ultimate explanations of the physical world must be beautiful. And philosophers of science like Peter Lipton say that we should expect the loveliest theory to also be the most likely. In this paper, I contend that these arguments from loveliness bear a striking similarity to Thomas Aquinas’ arguments from fittingness; both seem to presume (...) that the most beautiful theory is also the most probable. To do this, I first explain the explanatory virtues that are commonly thought to be constitutive of a lovely theory. Second, I elucidate Aquinas’ arguments from fittingness and show how they work in light of his account of beauty. Lastly, I connect the two kinds of aesthetic arguments and show the extent to which they overlap. (shrink)

The paper proposes a novel solution to the problem of the time of a killing (ToK), which persistently besets theories of act-individuation. The solution proposed claims to expose a crucial wrong-headed assumption in the debate, according to which ToK is essentially a problem of locating some event that corresponds to the killing. The alternative proposal put forward here turns on recognizing a separate category of dynamic occurents, viz. processes. The paper does not aim to mount a comprehensive defense of process (...) ontology, relying instead on extant defenses. The primary aim is rather to put process ontology to work in diagnosing the current state of play over ToK, and indeed in solving it. (shrink)

The principle of epistemic closure is the claim that what is known to follow from knowledge is known to be true. This intuitively plausible idea is endorsed by a vast majority of knowledge theorists. There are significant problems, however, that have to be addressed if epistemic closure – closed knowledge – is endorsed. The present essay locates the problem for closed knowledge in the separation it imposes between knowledge and evidence. Although it might appear that all that stands between knowing (...) the truth of the premises of a valid inference and knowledge of its conclusion is inferring it from the premises, the evidence for each of the premises may jointly count against the conclusion. The intuitive view regarding inferred knowledge says one thing, the evidence says another. One epistemological framework that seems to have the resources to resolve this tension endorses the view that knowledge always requires conclusive evidence. A second framework resolves the tension by limiting the scope of the closure principle. Only inferences drawn directly from propositions contained in the scope of a single knowledge operator are considered closed. The aim of the present essay is to revive the unpopular third option, the idea that knowledge is open. The essay proceeds by arguing that in different ways the two former frameworks only succeed in relocating the problem, not in resolving it. The first framework, the infallibilist view, relocates the problem to a sharp separation between knowledge of the occurrences of events from knowledge of their chance of occurring, a separation leading to several significant additional problems. The fallibilist view, the second framework, in endorsing closure neglects to take into full account the ways in which evidence fails to be transitive. For instance, evidence can count in favor of a conjunction while counting against each of its conjuncts. This fact, which is argued for in the essay on probabilistic as well as non-probabilistic grounds, is used as the foundation of an argument against closed knowledge that can be used as a way to understand several of the most fundamental challenges of epistemology. Not only can an open knowledge view that is based on open evidence resolve all these problems in a simple and natural way, it can also respond to formidable challenges that significantly hinder other open knowledge views. There are good reasons, then, to view both knowledge and evidence as open. (shrink)

Many have expected that understanding the evolution of norms should, in some way, bear on our first-order normative outlook: How norms evolve should shape which norms we accept. But recent philosophy has not done much to shore up this expectation. Most existing discussions of evolution and norms either jump headlong into the is/ought gap or else target meta-ethical issues, such as the objectivity of norms. My aim in this paper is to sketch a different way in which evolutionary considerations can (...) feed into normative thinking—focusing on stability. I will discuss two forms of argument that utilize information about social stability drawn from evolutionary models, and employs it to assess claims in political philosophy. One such argument treats stability as feature of social states that may be taken into account alongside other features. The other uses stability as a constraint on the realization of social ideals, via a version of the ought-implies-can maxim. These forms of argument are not new; indeed they have a history going back at least to early modern philosophy. But their marriage with evolutionary information is relatively recent, has a significantly novel character, and has received little attention in recent moral and political philosophy. (shrink)

We propose a modular ontology of the dynamic features of reality. This amounts, on the one hand, to a purely spatial ontology supporting snapshot views of the world at successive instants of time and, on the other hand, to a purely spatiotemporal ontology of change and process. We argue that dynamic spatial ontology must combine these two distinct types of inventory of the entities and relationships in reality, and we provide characterizations of spatiotemporal reasoning in the light of the interconnections (...) between them. (shrink)

I argue that the three strongest arguments against metaphysical libertarianism—the randomness objection, the constitutive luck objection, and the physicalist objection—are actually unsuccessful and therefore that metaphysical libertarianism is more plausible than the common philosophical wisdom allows. My more positive thesis, what I will refer to as “Agent Exceptionalism,” is that, when making decisions and performing actions, human beings can indeed satisfy the four conditions of metaphysical libertarianism: the control condition, the rationality condition, the ultimacy condition, and the physicalism condition.

Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he didn’t? (...) -/- This Article will argue for three points. First, what fuels this kind of outrage is vengeance: the desire to see defendants like George Zimmerman be forced to “pay” for the harms that they needlessly and culpably inflict on others. While this point may seem obvious, it isn’t. Most people repudiate revenge and therefore the notion that it plays any role in the criminal justice system. -/- Second, this attitude toward revenge is misguided and needs to change. We need to recognize that vengeance not only does but should play a significant role in motivating criminal punishment. Our vengeful reactions to harmful crimes are not ugly or shameful; on the contrary, they manifest a deep valuation of victims and a bitter denunciation of individuals who actively renounce this valuation through their criminal behavior. -/- Third, these two points have significant implications for the two main theories of criminal punishment: “retributivism,” which says that criminals should be punished in order to give them their “just deserts,” and “consequentialism,” which says that criminals should be punished in order to bring about such good consequences as deterrence, incapacitation, and rehabilitation. Traditionally, these two theories have been at war with one another. But I will show how recognizing revenge as a motivation and justification for punishment can help to end this war and bring these two theories together. (shrink)

Rationality requires that our mental attitudes exhibit specific patterns of coherence. Do we have reason to comply? 'Prichardian Quietists' regard this question as fundamentally confused: the only reasons to comply with rational requirements are the ones given by the requirements themselves. In this paper, I argue that PQ fails. I proceed by granting that Prichard's own position, from which PQ draws inspiration, is defensible, while identifying three serious problems with the parallel position about rationality. First, as I argue, PQ is (...) not plausibly combined with either the narrow-scope or the wide-scope formulations of rational requirements. Second, PQ implies that the reasons to comply with rational requirements are reasons of the wrong kind. And finally, PQ lacks a crucial component of its explanation, viz. a plausible theory of what constitutes being rationally required to V. (shrink)

This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...) years earlier for two murders. Delling never had the opportunity to plead the insanity defense because his home state, Idaho, had abolished it in 1982. -/- By depriving Delling of the right to plead insanity, Idaho violated Delling’s Fourteenth Amendment right to due process and his Eighth Amendment right against “cruel and unusual” punishment. Naturally, the same is true for many other mentally ill and disabled defendants who have been prosecuted in Idaho and in the other three states that have abolished the insanity defense: Kansas, Montana, and Utah. -/- The second general part of this Article notes an insight that I stumbled upon in the course of researching the first part: the insanity defense and the mistake of law defense both require ignorance of the law, what I refer to as “normative ignorance.” Indeed, normative ignorance is what makes both of these defenses exculpatory in the first place. -/- Given this critical connection, there is a way for Idaho, Kansas, Montana, and Utah to resume compliance with the Constitution. Instead of reinstating the insanity defense per se, which might be politically unpopular, they should just broaden their mistake of law defense to include normative ignorance caused by cognitive incapacity that is itself caused by mental illness or disability. -/- Still, this Article is not merely directed at these four western states. It is directed at the other forty-six states as well. Because they already have an insanity defense, they need not incorporate it into their mistake of law defense. But in the third general part, I will argue that they should still expand their mistake of law defense to cover defendants who either lack a reasonable opportunity to learn the law or reasonably but mistakenly infer from widely accepted norms or ethics that their conduct is lawful. (shrink)

There is a tension for those who want to simultaneously hold that Abraham’s disposition to sacrifice Isaac is epistemically justified and yet hold that a contemporary father would not be justified in believing that God is commanding him to sacrifice his son. This paper attempts to resolve that tension. While some commentators have correctly pointed out that one must take Abraham’s long relationship with God into account when considering Abraham’s readiness to sacrifice his son, they do not entertain the possibility (...) that his hearing this commandment is evidence against the hypothesis that Abraham is speaking to God. I grant this possibility. But I argue that when God commands Abraham to do the unthinkable, Abraham’s previously acquired evidence could still be sufficient to justify his belief that he is speaking with God. And in making this argument, I attempt to show what differentiates Abraham from the contemporary father who thinks that God is commanding him to sacrifice his son. (shrink)

I describe a new problem for metaethical constructivism. The problem arises when agents make conflicting judgments, so that the constructivist is implausibly committed to denying they have any reason for any of the available options. The problem is illustrated primarily with reference to Sharon Street’s version of constructivism. Several possible solutions to the problem are explained and rejected.

Cet article défend une définition de l’exploitation, restreinte aux relations de travail, en tentant d’une part d’expliciter une certaine compréhension de sens commun du concept (rémunération inéquitable en fonction du travail presté), et d’autre part d’échapper aux difficultés qui ont affecté la définition marxiste traditionnelle de l’exploitation comme extorsion de la plus-value (dans ses diverses variantes). Il explore ainsi le lien entre l’exploitation et l’obligation matérielle de travailler pour subvenir à ses besoins fondamentaux. Après avoir mis en garde contre les (...) politiques d’activation des chômeurs, il conclut que l’exploitation est un phénomène contre lequel on peut lutter à l’aide de mécanismes relativement simples, même dans les sociétés capitalistes. Il rappelle toutefois que cela ne suffit pas à réaliser la justice sociale, resituant l’exploitation parmi d’autres enjeux fondamentaux pour une philosophie politique égalitariste. (shrink)

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

This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were considered to (...) be more or less interchangeable. But there is a growing movement, which I refer to as "responsibility skepticism," which maintains that moral responsibility is either physically or metaphysically impossible. If the responsibility skeptics are right (that moral responsibility is impossible), then what are the implications for criminal responsibility and just criminal punishment? Should we abandon these as well? Or can they survive without moral responsibility? I try to answer these questions. -/- The third part addresses social causation. The criminal justice system tends to be "dispositionalist"; it tends, that is, to assume that criminal responsibility resides entirely within the defendant. Dispositionalism, however, overlooks the fact that who we are and what we do are significantly determined by environmental influences. I then try to show that this "situationist" alternative to dispositionalism should not radically alter our approach to criminal punishment. -/- The final part briefly discusses the difficulty in evaluating criminal responsibility when the defendant is both an offender and a victim - especially when the defendant is an offender *because* of his victimization. (shrink)