Take “legal reality” to be the part of reality that actual legal thought and talk is dis- tinctively about, such as legal institutions, legal obligations, and legal norms. Our goal is to explore whether legal reality is disunified. To illustrate the issue, consider the possibility that an important metaphysical thesis such as positivism is true of one part of legal reality (legal institutions), but not another (legal norms). We offer two arguments that suggest that legal reality is disunified: one concerns (...) the heteroge- neity of different entities that are part of legal reality; the other concerns variation within legal thought and talk. We then show that taking the possibility of the disunity of legal reality seriously has important upshots for how we think about the positivist and antipositivist traditions, the debate between them, and their relation to other parts of legal theory, such as critical legal theory and legal realism. (shrink)

This chapter discusses two different issues about the relationship between legal positivism and robust normativity (understood as the most authoritative kind of normativity to which we appeal). First, the chapter argues that, in many contexts when discussing “legal positivism” and “legal antipositivism”, the discussion should be shifted from whether legal facts are ultimately partly grounded in moral facts to whether they are ultimately partly grounded in robustly normative facts. Second, the chapter explores an important difference within the kinds of arguments (...) that legal philosophers give for the (purported) truth of legal positivism. The difference concerns whether (purportedly) robustly normative facts are appealed to as premises in those arguments or not. (A closely connected issue is whether (purportedly) normative facts that bear one or more important connections to robustly normative facts are appealed to in premises to those arguments.) The chapter argues that thinking about this dividing line helps people better situate the positivist/antipositivist dispute, better understand the space of views in legal philosophy, better evaluate those views, and avoid having merely verbal disputes. (shrink)

In this Introduction, we aim to introduce the reader to the basic topic of this book. As part of this, we explain why we are using two different expressions (‘conceptual engineering’ and ‘conceptual ethics’) to describe the topics in the book. We then turn to some of the central foundational issues that arise for conceptual engineering and conceptual ethics, and finally we outline various views one might have about their role in philosophy and inquiry more generally.

Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...) descriptivist, “rule-relational” semantics combined with a pragmatic account of the expressive and practical functions of legal discourse. We argue that this approach is at least as well-equipped as expressivism to explain the motivational and prescriptive features of “internal” legal statements, as well as a fundamental kind of legal disagreement, while being better positioned to account for various “external” uses of the same language. We develop this theory in a Hartian framework, and in the final part of the paper argue (particularly against Toh’s expressivist interpretation) that Hart’s own views in The Concept of Law are best reconstructed along such quasi-expressivist lines. (shrink)

This volume introduces a wide range of important views, questions, and controversies in and about contemporary metaethics. It is natural to ask: What, if anything, connects this extraordinary range of discussions? This introductory chapter aims to answer this question by giving an account of metaethics that shows it to be a unified theoretical activ- ity. According to this account, metaethics is a theoretical activity characterized by an explanatory goal. This goal is to explain how actual ethical thought and talk—and what (...) (if anything) that thought and talk is distinctively about—fits into reality. We begin by introducing and developing this account, and illustrating it via discus- sion of a simple illustrative metaethical theory: Simple Subjectivism. We then explain important upshots of the characterization. Our account is novel and controversial, as is the status of metaethics as a theoretically fruitful project. We thus compare our account to competing characterizations of the field, and explain how our account permits us to address certain challenges to the theoretical significance of a distinctively metaethical project. In the conclusion, we explain why, given our account, one might think that meta- ethics matters, and explain how we understand the history and future of self-conscious metaethical theorizing. As we will emphasize, we should expect new ways of approaching the explanatory project at the heart of metaethics to emerge in the coming years, as the tools and resources we have for tackling that project expand. Our hope is that by empha- sizing the centrality of the explanatory project itself, rather than just focusing narrowly on the views that have been developed so far by those engaged in that project, we can help encourage and facilitate the development of new questions, arguments, and views that help move the field forward. (shrink)

Many of us care about the existence of ethical facts because they appear crucial to making sense of our practical lives. On one tempting line of thought, this idea can also play a central role in justifying our belief in those facts. David Enoch has developed this thought into a formidable new proposal in moral epistemology: that the deliberative indispensability of ethical facts gives us epistemic justification for believing in such facts. This chapter argues that Enoch’s proposal fails because (...) it conflicts with a central fact about epistemic justification: that the norms of epistemic justification have the content that they do in part because of some positive connection between those norms and the truth of the beliefs that these norms govern. Alternatives to Enoch’s attempt to defend the idea that deliberative indispensability confers epistemic justification fail for parallel reasons. The chapter concludes that deliberative indispensability does not provide epistemic justification. (shrink)

This chapter explores two central questions in the conceptual ethics of normative inquiry. The first is whether to orient one’s normative inquiry around folk normative concepts (like KNOWLEDGE or IMMORAL) or around theoretical normative concepts (like ADEQUATE EPISTEMIC JUSTIFICATION or PRO TANTO PRACTICAL REASON). The second is whether to orient one’s normative inquiry around concepts whose normative authority is especially accessible to us (such as OUGHT ALL THINGS CONSIDERED), or around concepts whose extension is especially accessible to us (such as (...) BETRAYAL). The chapter aims to make vivid and plausible a range of possible answers to these questions, and important forms of argument that can be used to favor certain answers over others. (shrink)

Morality seems important, in the sense that there are practical reasons — at least for most of us, most of the time — to be moral. A central theoretical motivation for consequentialism is that it appears clear that there are practical reasons to promote good outcomes, but mysterious why we should care about non-consequentialist moral considerations or how they could be genuine reasons to act. In this paper we argue that this theoretical motivation is mistaken, and that because many arguments (...) for consequentialism rely upon it, the mistake substantially weakens the overall case for consequentialism. We argue that there is indeed a theoretical connection between good states and reasons to act, because good states are those it is fitting to desire and there is a conceptual connection between the fittingness of a motive and reasons to perform the acts it motivates. But while some of our motives are directed at states, others are directed at acts themselves. We contend that just as the fittingness of desires for states generates reasons to promote the good, the fittingness of these act-directed motives generates reasons to do other things. Moreover, we argue that an act’s moral status consists in the fittingness of act-directed feelings of obligation to perform or avoid performing it, so the connection between fitting motives and reasons to act explains reasons to be moral whether or not morality directs us to promote the good. This, we contend, de-mystifies how there could be non-consequentialist reasons that are both moral and practical. (shrink)

Reply to Stephanie Leary’s, Kris McDaniel’s, Tristram McPherson’s and David Plunkett’s articles on Choosing Normative Concepts (OUP, 2017) in book symposium in Inquiry.

This is a draft of a chapter for the Routledge Handbook of Metaethics, edited by David Plunkett and Tristram McPherson. I offer an overview of hybrid views in metaethics, with main focus on hybrid cognitivist views such as those defended by Daniel Boisvert and David Copp, and on hybrid expressivist views such as those defended by Michael Ridge and myself.

In the remainder of this article, we will disarm an important motivation for epistemic contextualism and interest-relative invariantism. We will accomplish this by presenting a stringent test of whether there is a stakes effect on ordinary knowledge ascription. Having shown that, even on a stringent way of testing, stakes fail to impact ordinary knowledge ascription, we will conclude that we should take another look at classical invariantism. Here is how we will proceed. Section 1 lays out some limitations of previous (...) research on stakes. Section 2 presents our study and concludes that there is little evidence for a substantial stakes effect. Section 3 responds to objections. The conclusion clears the way for classical invariantism. (shrink)

The zetetic turn in epistemology raises three questions about epistemic and zetetic norms. First, there is the relationship question: what is the relationship between epistemic and zetetic norms? Are some epistemic norms zetetic norms, or are epistemic and zetetic norms distinct? Second, there is the tension question: are traditional epistemic norms in tension with plausible zetetic norms? Third, there is the reaction question: how should theorists react to a tension between epistemic and zetetic norms? Drawing on an analogy to practical (...) philosophy, I develop a focal point view to resolve these motivating questions. On the focal point view, traditional epistemic norms and zetetic norms answer different types of normative questions. There is nevertheless a familiar type of evaluative tension between traditional epistemic norms and zetetic norms, but this tension is an unavoidable feature of the normative landscape and not a sign that traditional epistemic norms need revision. But if traditional epistemic norms are not zetetic norms, then in what sense is zetetic epistemology a project for epistemologists? I conclude by articulating a sense in which some nontraditional epistemic norms are zetetic norms, and in which zetetic epistemology is an important part of the study of theoretical rationality. (shrink)

What does it mean to know how to do something? This book develops a comprehensive account of know-how, a crucial epistemic goal for all who care about getting things right, not only with respect to the facts, but also with respect to practice. It proposes a novel interpretation of the seminal work of Gilbert Ryle, according to which know-how is a competence, a complex ability to do well in an activity in virtue of guidance by an understanding of what it (...) takes to do so. This idea is developed into a full-fledged account, Rylean responsibilism, which understands know-how in terms of the normative guidance and responsible control of one's acts. Within the complex current debate about know-how, this view occupies a middle ground position between the intellectualist claim that know-how just is propositional or objectual knowledge and the anti-intellectualist claim that know-how just is ability. In genuine know-how, practical ability and guiding intellect are both necessary, but essentially intertwined. (shrink)

Placeholder essentialism is the view that there is a causal essence that holds category members together, though we may not know what the essence is. Sometimes the placeholder can be filled in by scientific essences, such as when we acquire scientific knowledge that the atomic weight of gold is 79. We challenge the view that placeholders are elaborated by scientific essences. On our view, if placeholders are elaborated, they are elaborated Aristotelian essences, a telos. Utilizing the same kinds of experiments (...) used by traditional essentialists—involving superficial change (study 1), transformation of insides (study 2), acquired traits (study 3) and inferences about offspring (study 4)—we find support for the view that essences are elaborated by a telos. And we find evidence (study 5) that teleological essences may generate category judgments. (shrink)

My first goal is to motivate a distinctively metaphysical approach to the problem of induction. I argue that there is a precise sense in which the only way that orthodox Humean and non-Humean views can justify induction is by appealing to extremely strong and unmotivated probabilistic biases. My second goal is to sketch what such a metaphysical approach could possibly look like. After sketching such an approach, I consider a toy case that illustrates the way in which such a metaphysics (...) can help us make progress on the problem of induction. (shrink)

Natural/social kind essentialism is the view that natural kind categories, both living and non-living natural kinds, as well as social kinds (e.g., race, gender), are essentialized. On this view, artifactual kinds are not essentialized. Our view—teleological essentialism—is that a broad range of categories are essentialized in terms of teleology, including artifacts. Utilizing the same kinds of experiments typically used to provide evidence of essentialist thinking—involving superficial change (study 1), transformation of insides (study 2) and inferences about offspring (study 3)—we find (...) support for the view that a broad range of categories—living natural kinds, non-living natural kinds and artifactual kinds—are essentialized in terms of teleology. Study 4 tests a unique prediction of teleological essentialism and also provides evidence that people make inferences about purposes which in turn guide categorization judgments. (shrink)

Statistical evidence—say, that 95% of your co-workers badmouth each other—can never render resenting your colleague appropriate, in the way that other evidence (say, the testimony of a reliable friend) can. The problem of statistical resentment is to explain why. We put the problem of statistical resentment in several wider contexts: The context of the problem of statistical evidence in legal theory; the epistemological context—with problems like the lottery paradox for knowledge, epistemic impurism and doxastic wrongdoing; and the context of a (...) wider set of examples of responses and attitudes that seem not to be appropriately groundable in statistical evidence. Regrettably, we do not come up with a fully general, fully adequate, fully unified account of all the phenomena discussed. But we give reasons to believe that no such account is forthcoming, and we sketch a somewhat messier account that may be the best that can be had here. (shrink)

Abstract: Theories of epistemic rationality that take disagreement (or other higher-order evidence) seriously tend to be “modest” in a certain sense: they say that there are circumstances in which it is rational to doubt their correctness. Modest views have been criticized on the grounds that they undermine themselves—they’re self-defeating. The standard Self-Defeat Objections depend on principles forbidding epistemically akratic beliefs; but there are good reasons to doubt these principles—even New Rational Reflection, which was designed to allow for certain special cases (...) that are intuitively akratic. On the other hand, if we construct a Self-Defeat Objection without relying on anti-akratic principles, modest principles turn out not to undermine themselves. In the end, modesty should not be seen as a defect in a theory of rational belief. (shrink)

Many philosophers of physics think that physical rates of change, like velocity or acceleration in classical physics, are extrinsic. Many philosophers of mind think that phenomenal properties, which characterize what it’s like to be an agent at a time, are intrinsic. I will argue that these two views can’t both be true. Given that these two views are in tension, we face an explanatory challenge. Why should there be any interesting connection between these physical quantities and consciousness in the first (...) place? In a speculative spirit, I close by developing a panpsychist view which promises to explain this connection in a particularly satisfying way. (shrink)

This article uses the case study of ethnobiological classification to develop a positive and a negative thesis about the state of natural kind debates. On the one hand, I argue that current accounts of natural kinds can be integrated in a multidimensional framework that advances understanding of classificatory practices in ethnobiology. On the other hand, I argue that such a multidimensional framework does not leave any substantial work for the notion “natural kind” and that attempts to formulate a general account (...) of naturalness have become an obstacle to understanding classificatory practices. (shrink)

In the first half of this paper, I argue that essential properties are intrinsic and that this permits a modal analysis of essence that is immune the sort of objections raised by Fine. In the second half, I argue that intrinsic properties collectively have a certain structure and that this accounts for some observations about essences: that things are essentially determinate; that things often have properties within a certain range essentially; and that the essential properties of things are their core (...) properties. (shrink)

The aim of this article is to develop an argument against metaphysical debates about the existence of human races. I argue that the ontology of race is underdetermined by both empirical and non-empirical evidence due to a plurality of equally permissible candidate meanings of "race." Furthermore, I argue that this underdetermination leads to a deflationist diagnosis according to #hich disputes about the existence of human races are non-substantive verbal disputes. $hile this diagnosis resembles general deflationist strategies in contemporary metaphysics" I (...) show that my argument does not presuppose controversial metametaphysical assumptions. (shrink)

Current controversies about knowledge integration reflect conflicting ideas of what it means to “take Indigenous knowledge seriously”. While there is increased interest in integrating Indigenous and Western scientific knowledge in various disciplines such as anthropology and ethnobiology, integration projects are often accused of recognizing Indigenous knowledge only insofar as it is useful for Western scientists. The aim of this article is to use tools from philosophy of science to develop a model of both successful integration and integration failures. On the (...) one hand, I argue that cross-cultural recognition of property clusters leads to an ontological overlap that makes knowledge integration often epistemically productive and socially useful. On the other hand, I argue that knowledge integration is limited by ontological divergence. Adequate models of Indigenous knowledge will therefore have to take integration failures seriously and I argue that integration efforts need to be complemented by a political notion of ontological self-determination. (shrink)

This paper discusses ethical issues surrounding Integrated Assessment Models (IAMs) of the economic effects of climate change, and how climate economists acting as policy advisors ought to represent the uncertain possibility of catastrophe. Some climate economists, especially Martin Weitzman, have argued for a precautionary approach where avoiding catastrophe should structure climate economists’ welfare analysis. This paper details ethical arguments that justify this approach, showing how Weitzman’s “fat tail” probabilities of climate catastrophe pose ethical problems for widely used IAMs. The main (...) claim is that economists who ignore or downplay catastrophic risks in their representations of uncertainty likely fall afoul of ethical constraints on scientists acting as policy advisors. Such scientists have duties to honestly articulate uncertainties and manage (some) inductive risks, or the risks of being wrong in different ways. (shrink)

The aim of this article is to argue that ontological choices in scientific practice undermine common formulations of the value-free ideal in science. First, I argue that the truth values of scientific statements depend on ontological choices. For example, statements about entities such as species, race, memory, intelligence, depression, or obesity are true or false relative to the choice of a biological, psychological, or medical ontology. Second, I show that ontological choices often depend on non-epistemic values. On the basis of (...) these premises, I argue that it is often neither possible nor desirable to evaluate scientific statements independently of non-epistemic values. Finally, I suggest that considerations of ontological choices do not only challenge the value-free ideal but also help to specify positive roles of non-epistemic values in an often neglected area of scientific practice. (shrink)

In this paper, we present three necessary conditions for morally responsible animal research that we believe people on both sides of this debate can accept. Specifically, we argue that, even if human beings have higher moral status than nonhuman animals, animal research is morally permissible only if it satisfies (a) an expectation of sufficient net benefit, (b) a worthwhile-life condition, and (c) a no unnecessary-harm/qualified-basic-needs condition. We then claim that, whether or not these necessary conditions are jointly sufficient conditions of (...) justified animal research, they are relatively demanding with the consequence that many animal experiments may fail to satisfy them. (shrink)

The aim of this article is to discuss the relation between indigenous and scientific kinds on the basis of contemporary ethnobiological research. I argue that ethnobiological accounts of taxonomic convergence-divergence patters challenge common philosophical models of the relation between folk concepts and natural kinds. Furthermore, I outline a positive model of taxonomic convergence-divergence patterns that is based on Slater's [2014] notion of “stable property clusters” and Franklin-Hall's [2014] discussion of natural kinds as “categorical bottlenecks.” Finally, I argue that this model (...) is not only helpful for understanding the relation between indigenous and scientific kinds but also makes substantial contributions to contemporary debates about natural kinds.to contemporary debates about natural kinds. (shrink)

We give two social aggregation theorems under conditions of risk, one for constant population cases, the other an extension to variable populations. Intra and interpersonal welfare comparisons are encoded in a single ‘individual preorder’. The theorems give axioms that uniquely determine a social preorder in terms of this individual preorder. The social preorders described by these theorems have features that may be considered characteristic of Harsanyi-style utilitarianism, such as indifference to ex ante and ex post equality. However, the theorems are (...) also consistent with the rejection of all of the expected utility axioms, completeness, continuity, and independence, at both the individual and social levels. In that sense, expected utility is inessential to Harsanyi-style utilitarianism. In fact, the variable population theorem imposes only a mild constraint on the individual preorder, while the constant population theorem imposes no constraint at all. We then derive further results under the assumption of our basic axioms. First, the individual preorder satisfies the main expected utility axiom of strong independence if and only if the social preorder has a vector-valued expected total utility representation, covering Harsanyi’s utilitarian theorem as a special case. Second, stronger utilitarian-friendly assumptions, like Pareto or strong separability, are essentially equivalent to strong independence. Third, if the individual preorder satisfies a ‘local expected utility’ condition popular in non-expected utility theory, then the social preorder has a ‘local expected total utility’ representation. Fourth, a wide range of non-expected utility theories nevertheless lead to social preorders of outcomes that have been seen as canonically egalitarian, such as rank-dependent social preorders. Although our aggregation theorems are stated under conditions of risk, they are valid in more general frameworks for representing uncertainty or ambiguity. (shrink)

Many philosophers maintain that causation is to be explicated in terms of a kind of dependence between cause and effect. These “dependence” theories are opposed by “production” accounts which hold that there is some more fundamental causal “oomph”. A wide range of experimental research on everyday causal judgments seems to indicate that ordinary people operate primarily with a dependence-based notion of causation. For example, people tend to say that absences and double preventers are causes. We argue that the impression that (...) commonsense causal discourse is largely dependence-based is the result of focusing on a very narrow class of causal verbs. Almost all of the vignette-based experimental work on causal judgment has been prosecuted using the word “cause”. But much ordinary causal discourse involves special causal verbs, such as “burn” and “crack”. We find that these verbs display a quite different pattern from the verb “cause”. For instance, for absences and double preventers (Studies 1-3), we find that while people are inclined to say that X caused Y to burn, turn, crack or start, they are less inclined to think that X burned, turned, cracked or started Y. In Study 4, we find that for chains involving a distal and proximal event, people are inclined to say that the distal event is not a special cause of the outcome, though it is a “cause” of the outcome. Together, we find a surprising double dissociation between “cause” and a stock of special causal verbs. We conclude by suggesting that much commonsense causal judgment, which heavily trades in special causal verbs, might be better captured by production-based accounts of causation. (shrink)

I argue that some important elements of the current cosmological model are 'conventionalist’ in the sense defined by Karl Popper. These elements include dark matter and dark energy; both are auxiliary hypotheses that were invoked in response to observations that falsified the standard model as it existed at the time.

Ethnobiology has a long tradition of metaphysical debates about the “naturalness,” “objectivity”, “reality”, and “universality” of classifications. Especially the work of Brent Berlin has been influential in developing a “convergence metaphysics” that explains cross-cultural similarities of knowledge systems through shared recognition of objective discontinuities in nature. Despite its influence on the development of the field, convergence metaphysics has largely fallen out of favor as contemporary ethnobiologists tend to emphasize the locality and diversity of classificatory practices. The aim of this article (...) is twofold: First, I provide a historical account of the rise and fall of convergence metaphysics in ethnobiology. I show how convergence metaphysics emerged as an innovative theoretical program in the wake of the “cognitive revolution” and the “modern evolutionary synthesis” but failed to incorporate both theoretical insights and political concerns that gained prominence in the 1980s and 1990s. Second, I develop a positive proposal of how to engage with metaphysical issues in ethnobiology. By integrating traditional research on convergence of classifications with more nuanced accounts of distinctly local categories, a revamped metaphysics of ethnobiological classification can make substantial contributions to debates about ontological difference in anthropology and about the relation between applied and theoretical ethnobiology. (shrink)

This article develops an account of local epistemic practices on the basis of case studies from ethnobiology. I argue that current debates about objectivity often stand in the way of a more adequate understanding of local knowledge and ethnobiological practices in general. While local knowledge about the biological world often meets criteria for objectivity in philosophy of science, general debates about the objectivity of local knowledge can also obscure their unique epistemic features. In modification of Ian Hacking’s suggestion to discuss (...) “ground level questions” instead of objectivity, I propose an account that focuses on both epistemic virtues and vices of local epistemic practices. (shrink)

Jerome Wakefield has argued that a disorder is a harmful dysfunction. This paper develops how Wakefield should construe harmful in his harmful dysfunction analysis. Recently, Neil Feit has argued that classic puzzles involved in analyzing harm render Wakefield’s HDA better off without harm as a necessary condition. Whether or not one conceives of harm as comparative or non-comparative, the concern is that the HDA forces people to classify as mere dysfunction what they know to be a disorder. For instance, one (...) can conceive of cases where simultaneous disorders prevent each other from being, in any traditional sense, actually harmful; in such cases, according to the HDA, neither would be a disorder. I argue that the sense of harm that Wakefield should employ in the HDA is dispositional, similar to the sense of harm used when describing a vile of poison: “Be careful! That’s poison. It’s harmful.” I call this harm in the damage sense. Using this sense of harm enables the HDA to avoid Feit’s arguments, and thus it should be preferred to other senses when analyzing harmful dysfunction. (shrink)

Does the Ship of Theseus present a genuine puzzle about persistence due to conflicting intuitions based on “continuity of form” and “continuity of matter” pulling in opposite directions? Philosophers are divided. Some claim that it presents a genuine puzzle but disagree over whether there is a solution. Others claim that there is no puzzle at all since the case has an obvious solution. To assess these proposals, we conducted a cross-cultural study involving nearly 3,000 people across twenty-two countries, speaking eighteen (...) different languages. Our results speak against the proposal that there is no puzzle at all and against the proposal that there is a puzzle but one that has no solution. Our results suggest that there are two criteria—“continuity of form” and “continuity of matter”— that constitute our concept of persistence and these two criteria receive different weightings in settling matters concerning persistence. (shrink)

Humour is worthy of serious ethical consideration. However, it is often taken far too seriously. In this paper, it is argued that while humour is sometimes unethical, it is wrong much less often than many people think. Non-contextual criticisms, which claim that certain kinds of humour are always wrong, are rejected. Contextual criticisms, which take issue with particular instances of humour rather than types of humour, are more promising. However, it is common to overstate the number of contexts in which (...) humour is wrong. Various mistakes of this kind are highlighted and cautioned against. (shrink)

According to the priority view, or prioritarianism, it matters more to benefit people the worse off they are. But how exactly should the priority view be defined? This article argues for a highly general characterization which essentially involves risk, but makes no use of evaluative measurements or the expected utility axioms. A representation theorem is provided, and when further assumptions are added, common accounts of the priority view are recovered. A defense of the key idea behind the priority view, the (...) priority principle, is provided. But it is argued that the priority view fails on both ethical and conceptual grounds. (shrink)

Kagan argues that human beings who are neither persons nor even potential persons — if their impairment is independent of genetic constitution — are modal persons: individuals who might have been persons. Moreover, he proposes a view according to which both personhood and modal personhood are sufficient for counting more, morally, than nonhuman animals. In response to this proposal, I raise one relatively minor concern about Kagan's reasoning — that he judges too quickly that insentient beings can have interests — (...) before engaging the appeal to modal personhood. I challenge the thesis that modal personhood is relevant to one's moral status, first, by way of analogy to a kicker who misses a field goal though he might have made it; second, by casting doubt on implications for two impaired infants ; and, finally, by examining implications for dogs who would count as modal persons when genetic enhancements are capable of transforming them into persons. (shrink)

Implicit in our everyday attitudes and practices is the assumption that death ordinarily harms a person who dies. A far more contested matter is whether death harms sentient individuals who are not persons, a category that includes many animals and some human beings. On the basis of the deprivation account of the harm of death, I argue that death harms sentient nonpersons. I next consider possible bases for the commonsense judgment that death ordinarily harms persons more than it harms sentient (...) nonpersons. Contrary to what some philosophers believe, it is doubtful that the familiar resources of prudential value theory can vindicate this judgment. I show that the approach that at first glance seems most promising for supporting this judgment – namely, invoking an objective account of well-being – faces substantial challenges, before arguing that McMahan's time-relative interest account supplies the needed theoretical basis. I then go on to extract a significant practical implication of the first thesis, that death ordinarily harms sentient nonpersons: We should find a way to discontinue the routine killing of animal subjects following their use in experiments. (shrink)

Pharmaceutical paternalism is the normative stance upheld by pharmaceutical regulatory agencies like the US Food and Drug Administration. These agencies prevent patients from accessing treatments declared safe and ineffective for the patient’s good without their consent. Libertarian critics of the FDA have shown a number of significant flaws in regulatory paternalism. Against these objections, I will argue that, in order to make an informed decision about treatments, a libertarian patient should request full disclosure of the uncertainty about an experimental treatment. (...) But pharmaceutical markets, on their own, are not a reliable source of information about such uncertainty. And companies have the power to capture any independent expert who may assess it. Therefore, the libertarian is better off deferring on an independent regulatory body the assessment of the pharmaceutical risks, constraining access to treatments until tested. (shrink)

The aim of this article is to develop an understanding-based argument for an explicitly political specification of the concept of race. It is argued that a specification of race in terms of hierarchical social positions is best equipped to guide causal reasoning about racial inequality in the public sphere. Furthermore, the article provides evidence that biological and cultural specifications of race mislead public reasoning by encouraging confusions between correlates and causes of racial inequality. The article concludes with a more general (...) case for incorporating empirical evidence about public reasoning into philosophical debates about competing specifications of the concept of race. (shrink)

Corruptionism is the view that following physical death, the human being ceases to exist but their soul persists in the afterlife. Survivalism holds that both the human being and their soul persist in the afterlife, as distinct entities, with the soul constituting the human. Each position has its defenders, most of whom appeal both to metaphysical considerations and to the authority of St Thomas Aquinas. Corruptionists claim that survivalism violates a basic principle of any plausible mereology, while survivalists tend to (...) reject the principle, though without as much detail as one would like. In this paper I examine both the key exegetical issues and the mereological question, arguing that Aquinas cannot be shown to have supported the principle in question, and that the principle should be rejected on independent grounds. If correct, some key planks in support of survivalism are established, with others to await further examination. (shrink)

Philosophers and psychologists alike have argued recently that relatively abstract beliefs or cognitive categories like those regarding race can influence the perceptual experience of relatively low-level visual features like color or lightness. Some of the proposed best empirical evidence for this claim comes from a series of experiments in which White faces were consistently judged as lighter than equiluminant Black faces, even for racially ambiguous faces that were labeled ‘White’ as opposed to ‘Black’ (Levin and Banaji 2006). The latter result (...) is considered especially indicative of cognitive penetration, based on the reasoning that the relevant distortions were a function of lexical labeling, and hence the effect must have been mediated by categorization at the cognitive level. I argue that this reasoning is flawed, and that the assumptions on which it relies are questionable on both empirical and theoretical grounds. I propose an alternative, low-level explanation of the phenomena, which I argue is empirically more plausible and abductively preferable to the cognitive-penetration account. The upshot is that cognitively impenetrable perceptual systems may be psychologically more plastic and hence philosophically more significant than is nowadays commonly assumed. (shrink)

The notion of an agent and the notion of a self are connected, for agency is one role played by the self. Millgram argues for a disunity thesis of agency on the basis of extreme incommensurability across some major life events. We propose a similar negative thesis about the self, that it is composed of relatively independent threads reflecting the different roles and different mind-sets of the person's life. Our understanding of those threads is based on theories of the narrative (...) construction of the self. Our disunity thesis is that there need be no overarching narrative that unifies those narrative threads. To explain how the threads hang together to produce coherent action, we make these positive claims: control normally switches smoothly and unconsciously between threads as circumstances require, within one thread there is likely to be acknowledgment of other threads, some situations require a temporary blending of threads, and some plans and policies reach across different threads and contribute to some coordination among them. Our account of a self provides an account of agency that has merits in comparison to Millgram's. Our narrative approach allows explanations of actions beyond rational deliberation. (shrink)

Elimination controversies are ubiquitous in philosophy and the human sciences. For example, it has been suggested that human races, hysteria, intelligence, mental disorder, propositional attitudes such as beliefs and desires, the self, and the super-ego should be eliminated from the list of respectable entities in the human sciences. I argue that eliminativist proposals are often presented in the framework of an oversimplified “phlogiston model” and suggest an alternative account that describes ontological elimination on a gradual scale between criticism of empirical (...) assumptions and conceptual choices. (shrink)

Although Foucault’s 1979 lectures on The Birth of Biopolitics promised to treat the theme of biopolitics, the course deals at length with neoliberalism while mentioning biopolitics hardly at all. Some scholars account for this elision by claiming that Foucault sympathized with neoliberalism; I argue on the contrary that Foucault develops a penetrating critique of the neoliberal claim to preserve individual liberty. Following Foucault, I show that the Chicago economist Gary Becker exemplifies what Foucault describes elsewhere as biopolitics: a form of (...) power applied to the behavior of a population through the normalizing use of statistics. Although Becker’s preference for indirect intervention might seem to preserve the independence of individuals, under biopolitics individual liberty is itself the means by which populations are governed indirectly. In my view, by describing the history and ambivalence of neoliberal biopolitics, Foucault fosters a critical vigilance that is the precondition for creative political resistance. (shrink)

Cognitive categories in the geographic realm appear to manifest certain special features as contrasted with categories for objects at surveyable scales. We have argued that these features reflect specific ontological characteristics of geographic objects. This paper presents hypotheses as to the nature of the features mentioned, reviews previous empirical work on geographic categories, and presents the results of pilot experiments that used English-speaking subjects to test our hypotheses. Our experiments show geographic categories to be similar to their non-geographic counterparts in (...) the ways in which they generate instances of different relative frequencies at different levels. Other tests, however, provide preliminary evidence for the existence of important differences in subjects’ categorizations of geographic and non-geographic objects, and suggest further experimental work especially with regard to the role in cognitive categorization of different types of object-boundaries at different scales. (shrink)

We provide conditions under which an incomplete strongly independent preorder on a convex set X can be represented by a set of mixture preserving real-valued functions. We allow X to be infi nite dimensional. The main continuity condition we focus on is mixture continuity. This is sufficient for such a representation provided X has countable dimension or satisfi es a condition that we call Polarization.