My goal in this paper is to show that naturalists cannot reasonably endorse moral realism. My argument will come in two parts. The first part aims to show that any plausible and naturalistically acceptable argument in favor of belief in objective moral properties will appeal in part to simplicity considerations (broadly construed)—and this regardless of whether moral properties are reducible to non-moral properties. The second part argues for the conclusion that appeals to simplicity justify belief in moral properties only if (...) either those properties are not objective or something like theism is true. Thus, if my argument is sound, naturalists can reasonably accept moral realism only if they are prepared to accept something like theism. But, as will become clear, naturalists can reasonably accept theism or something like it only if belief in some such doctrine is justified by the methods of science. For present purposes, I’ll assume (what I think virtually every naturalist will grant) that belief in theism and relevantly similar doctrines is not justified by the methods of science. Thus, I will conclude that naturalists cannot reasonably accept moral realism. (shrink)

I explore, from a proof-theoretic perspective, the hierarchy of classical and paraconsistent logics introduced by Barrio, Pailos and Szmuc in (Journal o f Philosophical Logic,49, 93-120, 2021). First, I provide sequent rules and axioms for all the logics in the hierarchy, for all inferential levels, and establish soundness and completeness results. Second, I show how to extend those systems with a corresponding hierarchy of validity predicates, each one of which is meant to capture “validity” at a different inferential level. Then, (...) I point out two potential philosophical implications of these results. (i) Since the logics in the hierarchy differ from one another on the rules, I argue that each such logic maintains its own distinct identity (contrary to arguments like the one given by Dicher and Paoli in 2019). (ii) Each validity predicate need not capture “validity” at more than one metainferential level. Hence, there are reasons to deny the thesis (put forward in Barrio, E., Rosenblatt, L. & Tajer, D. (Synthese, 2016)) that the validity predicate introduced in by Beall and Murzi in (Journal o f Philosophy,110(3), 143–165, 2013) has to express facts not only about what follows from what, but also about the metarules, etc. (shrink)

Several authors maintain that we are capable of having inconsistent intentional states, either in cases of illusion, in certain cases of imagination, or because the observable world is (partly) inconsistent and we perceive it as such. These views are all premised on the assumption that inconsistent intentional states—even if acknowledged—are peculiar and have nothing essential to do with our perceptual capacities. In the present article, I would like to present, and argue for, a much stronger thesis: that inconsistent intentional states (...) underlie the possibility of having intentional content in mind. I argue for this thesis based on a Husserlian phenomenological analysis of our grasp of objects, which I formulate in terms of incompatibility semantics. (shrink)

The Christian doctrine of the Trinity poses a serious philosophical problem. On the one hand, it seems to imply that there is exactly one divine being; on the other hand, it seems to imply that there are three. There is another well-known philosophical problem that presents us with a similar sort of tension: the problem of material constitution. We argue in this paper that a relatively neglected solution to the problem of material constitution can be developed into a novel solution (...) to the problem of the Trinity. (shrink)

Graham Priest has formulated the minimally inconsistent logic of paradox (MiLP), which is paraconsistent like Priest’s logic of paradox (LP), while staying closer to classical logic. We present logics that stand to (the propositional fragments of) strong Kleene logic (K3) and the logic of first-degree entailment (FDE) as MiLP stands to LP. That is, our logics share the paracomplete and the paraconsistent-cum-paracomplete nature of K3 and FDE, respectively, while keeping these features to a minimum in order to stay closer to (...) classical logic. We give semantic and sequent-calculus formulations of these logics, and we highlight some reasons why these logics may be interesting in their own right. (shrink)

We lay out the fatalist’s argument, making sure to clarify which dialectical moves are available to the libertarian. We then offer a more robust presentation of Ockhamism, responding to obvious objections and teasing out the implications of the view. At this point, we discuss presentism and eternalism in more detail. We then present our argument for the claim that the libertarian cannot take Ockham’s way out of the fatalism argument unless she rejects presentism. Finally, we consider and dispense with objections (...) to our argument. In the end, it ought to be clear that the libertarian must make a choice between Ockham’s way out and presentism. (shrink)

Conferralism is the view that social properties are neither intrinsic to the things that have them nor possessed simply by virtue of their causal or spatiotemporal relations to other things, but are somehow bestowed (intentionally or not, explicitly or not) upon them by persons who have both the capacity and the standing to bestow them. We argue that conferralism faces a dilemma: either it is viciously circular, or it is limited in scope in a way that undercuts its motivation.

In the first section, I characterize skeptical theism more fully. This is necessary in order to address some important misconceptions and mischaracterizations that appear in the essays by Maitzen, Wilks, and O’Connor. In the second section, I describe the most important objections they raise and group them into four “families” so as to facilitate an orderly series of responses. In the four sections that follow, I respond to the objections.

In the present article, he explains why divine silence poses a serious intellectual obstacle to belief in God, and then goes on to consider ways of overcoming that obstacle. After considering several ways in which divine silence might actually be beneficial to human beings, he argues that perhaps silence is nothing more or less than God’s preferred mode of interaction with creatures like us. Perhaps God simply desires communion rather than overt communication with human beings, and perhaps God has provided (...) ways for us to experience God’s presence richly even amidst the silence. (shrink)

This essay develops a theory of identities, selves, and ‘the self’ that both explains the sense in which selves are narratively constituted and also explains how the self relates to a person's individual autobiographical identity and to their various social identities. I argue that identities are the contents of narratively structured representations, some of which are hosted individually and are autobiographical in form, and others of which are hosted collectively and are biographical in form. These identities, in turn, give rise (...) to selves of various sorts—true selves, autobiographical selves, public and private selves, merely possible selves, and so on—which are the characters (or presupposed subjects) that appear in our various identities. Although the theory I develop bears some obvious affinities with the view that selves are fictional characters, the two views are in fact distinct, for reasons explained at the end. (shrink)

In May 2010, philosophers, family and friends gathered at the University of Notre Dame to celebrate the career and retirement of Alvin Plantinga, widely recognized as one of the world's leading figures in metaphysics, epistemology, and the philosophy of religion. Plantinga has earned particular respect within the community of Christian philosophers for the pivotal role that he played in the recent renewal and development of philosophy of religion and philosophical theology. Each of the essays in this volume engages with some (...) particular aspect of Plantinga's views on metaphysics, epistemology, or philosophy of religion. Contributors include Michael Bergman, Ernest Sosa, Trenton Merricks, Richard Otte, Peter VanInwagen, Thomas P. Flint, Eleonore Stump, Dean Zimmerman and Nicholas Wolterstorff. The volume also includes responses to each essay by Bas van Fraassen, Stephen Wykstra, David VanderLaan, Robin Collins, Raymond VanArragon, E. J. Coffman, Thomas Crisp, and Donald Smith. (shrink)

The question raised by this volume is “How successful is naturalism?” The question presupposes that we already know what naturalism is and what counts as success. But, as anyone familiar with the literature on naturalism knows, both suppositions are suspect. To answer the question, then, we must first say what we mean in this context by both ‘naturalism’ and ‘success’. I’ll start with ‘success’. I will then argue that, by the standard of measurement that I shall identify here, naturalism is (...) an utter failure. (shrink)

Since the 1960s, metaphysics has flourished in Anglo-American philosophy. Far from wanting to avoid metaphysics, philosophers have embraced it in droves. There have been critics, to be sure; but the criticisms have received answers and the enterprise has carried on.

Recently, Brummett and Crutchfield advanced two critiques of theists who object to moral enhancement. First, a conceptual critique: theists who oppose moral enhancement commonly do so because virtue is thought to be acquired only via a special kind of process. Enhancement does not involve such processes. Hence, enhancement cannot produce virtue. Yet theists also commonly claim that God is perfectly virtuous and not subject to processes. If virtue requires a process and God is perfectly virtuous without a process, however, then (...) theists contradict themselves. Second, a moral critique: theists who reject moral enhancement are selfish, since accepting moral enhancement would (allegedly) reduce widespread suffering. Theists often condemn selfishness, however. By condemning selfishness and (simultaneously) rejecting enhancement, therefore, theists contradict themselves yet again. We argue that both critiques fail. Both substantially misrepresent their target. First, Brummett and Crutchfield confuse metaphysical enhancement (attempts to alter human nature) with moral enhancement (attempts to become better human beings). Authors that Brummett and Crutchfield cite object to the former, not the latter. Second, both conceptual and moral critiques overlook the many resources within theistic traditions that can quickly resolve relevant (alleged) contradictions. The conceptual critique, for example, misrepresents both common views held among theists (regarding God’s virtue) and the ways in which virtue may be acquired. Similarly, the moral critique mischaracterizes the relationship commonly posited by theists between enhancement and agency. By attending to what theists actually claim—rather than relying on caricatures—it becomes clear that each of Brummett and Crutchfield’s critiques fail. (shrink)

Recently, Brummett and Crutchfield advanced two critiques of theists who object to moral enhancement. First, a conceptual critique: theists who oppose moral enhancement commonly do so because virtue is thought to be acquired only via a special kind of process. Enhancement does not involve such processes. Hence, enhancement cannot produce virtue. Yet theists also commonly claim that God is perfectly virtuous and not subject to processes. If virtue requires a process and God is perfectly virtuous without a process, however, then (...) theists contradict themselves. Second, a moral critique: theists who reject moral enhancement are selfish, because accepting moral enhancement would (allegedly) reduce widespread suffering. Theists often condemn selfishness, however. By condemning selfishness and (simultaneously) rejecting enhancement, therefore, theists contradict themselves yet again. We argue that both critiques fail. Both substantially misrepresent their target. First, Brummett and Crutchfield confuse metaphysical enhancement (attempts to alter human nature) with moral enhancement (attempts to become better human beings). Authors that Brummett and Crutchfield cite object to the former, not the latter. Second, both conceptual and moral critiques overlook the many resources within theistic traditions that can quickly resolve relevant (alleged) contradictions. The conceptual critique, for example, misrepresents both common views held among theists (regarding God's virtue) and the ways in which virtue may be acquired. Similarly, the moral critique mischaracterizes the relationship commonly posited by theists between enhancement and agency. By attending to what theists actually claim—rather than relying on caricatures—it becomes clear that each of Brummett and Crutchfield's critiques fail. (shrink)

In "Evil and the Justice of God", N.T. Wright presses the point that attempting to solve the philosophical problem of evil is an immature response to the existence of evil--a response that belittles the real problem of evil, which is just the fact that evil is bad and needs to be dealt with. As you might expect, I am not inclined to endorse this sort of sweeping indictment of the entire field of research on the philosophical problem of evil. (I (...) sort of doubt that Wright really meant to either.) But I do think that there is a kernel of truth in what I take to be Wright's fundamental objection to attempts to solve the philosophical problem of evil. In the first section of what follows, I will try briefly to explain why. I will then go on to argue that, despite this fact, certain efforts at solving the problem of evil avoid Wright's objection. Indeed, drawing on recent work by Elenore Stump, I will argue that one perfectly legitimate way to try to solve the philosophical problem of evil is to follow precisely what seems to be the main piece of advice in "Evil and the Justice of God": namely, to look more seriously than we have at the attitudes taken toward evil by human authors of and characters in the Bible, and to attend more carefully to what the Bible says about how God deals with evil. (shrink)

The paper will have three sections. In section one I briefly present and respond to Byrne’s argument against theological realism. In section two, I present van Fraassen’s argument against analytic metaphysics and I show how, if sound, it constitutes a reason to reject both metaphysical and theological realism. In section three, I show how van Fraassen can be answered. Obviously what I am doing here falls far short of a full-blown defense of realism in either metaphysics or theology. But the (...) objections raised by van Fraassen and Byrne are tokens of a type of objection that I think is rather widely endorsed among those who are suspicious of these two brands of realism. Thus, responding to those objections constitutes an important first step in the direction of a defense. (shrink)

One of the main tasks for an account of the Christian doctrine of the atonement is to explain how and in what ways the salvifically relevant work of Christ heals the damage wrought by human sin on our souls, our relationships with one another, and our relationship with God. One kind of damage often neglected in philosophical treatments of the atonement, but discussed at some length in Eleonore Stump’s forthcoming At-one-ment, is what she, following St. Thomas Aquinas, calls the stain (...) on the soul. The stain on the soul comprises the “moral leftovers” of serious evil, damage to the soul that goes beyond the guilt, shame, and separation from God brought about by sin and that lingers in a person even after she has repented and been forgiven. In this paper, I critically examine Stump’s account of how the work of Christ deals with the problem of the stain on the soul. I offer reasons for thinking that if the stain is exactly as she describes it, then it is indelible; and then I explore possible ways forward for her account of the atonement. (shrink)

In World Without Design: The Ontological Consequences of Naturalism, I argued that there is an important sense in which naturalism’s current status as methodological orthodoxy is without rational foundation, and I argued that naturalists must give up two views that many of them are inclined to hold dear—realism about material objects and materialism. In a review recently published in Faith and Philosophy, Dale Jacquette alleges that my arguments in World Without Design are directed mainly against strawmen and that I have (...) neglected to discuss at least one formulation of naturalism that straightforwardly addresses my main objections. In this reply, I show that these and other objections raised by Jacquette are unsound and, in fact, rest on egregious misrepresentations of the book. (shrink)

A coherent practice of mens rea (‘guilty mind’) ascription in criminal law presupposes a concept of mens rea which is insensitive to the moral valence of an action’s outcome. For instance, an assessment of whether an agent harmed another person intentionally should be unaffected by the severity of harm done. Ascriptions of intentionality made by laypeople, however, are subject to a strong outcome bias. As demonstrated by the Knobe effect, a knowingly incurred negative side effect is standardly judged intentional, whereas (...) a positive side effect is not. We report the first empirical investigation into intentionality ascriptions made by professional judges, which finds (i) that professionals are sensitive to the moral valence of outcome type, and (ii) that the worse the outcome, the higher the propensity to ascribe intentionality. The data shows the intentionality ascriptions of professional judges to be inconsistent with the concept of mens rea supposedly at the foundation of criminal law. (shrink)

T In [Rea 2006], Michael Rea presents an argument that presentism is incompatible with a libertarian view of human freedom and the unrestricted principle of bivalence. I aim to show that Rea’s argument fails. The outline of my paper is as follows. In Part I, I briefly explain the above three views and I present Rea’sargument. In Part II, I argue that one of the premises of the argument is unjustified.

My goal in this paper is to provide critical discussion of Michael Rea’s case for three of the controversial theses defended in his World Without Design (Oxford University Press, 2002): (1) that naturalism must be viewed as what he calls a “research program”; (2) that naturalism “cannot be adopted on the basis of evidence,” as he puts it; and (3) that naturalists cannot be justified in accepting realism about material objects.

While philosophers hold that it is patently absurd to blame robots or hold them morally responsible [1], a series of recent empirical studies suggest that people do ascribe blame to AI systems and robots in certain contexts [2]. This is disconcerting: Blame might be shifted from the owners, users or designers of AI systems to the systems themselves, leading to the diminished accountability of the responsible human agents [3]. In this paper, we explore one of the potential underlying reasons for (...) robot blame, namely the folk's willingness to ascribe inculpating mental states or "mens rea" to robots. In a vignette-based experiment (N=513), we presented participants with a situation in which an agent knowingly runs the risk of bringing about substantial harm. We manipulated agent type (human v. group agent v. AI-driven robot) and outcome (neutral v. bad), and measured both moral judgment (wrongness of the action and blameworthiness of the agent) and mental states attributed to the agent (recklessness and the desire to inflict harm). We found that (i) judgments of wrongness and blame were relatively similar across agent types, possibly because (ii) attributions of mental states were, as suspected, similar across agent types. This raised the question - also explored in the experiment - whether people attribute knowledge and desire to robots in a merely metaphorical way (e.g., the robot "knew" rather than really knew). However, (iii), according to our data people were unwilling to downgrade to mens rea in a merely metaphorical sense when given the chance. Finally, (iv), we report a surprising and novel finding, which we call the inverse outcome effect on robot blame: People were less willing to blame artificial agents for bad outcomes than for neutral outcomes. This suggests that they are implicitly aware of the dangers of overattributing blame to robots when harm comes to pass, such as inappropriately letting the responsible human agent off the moral hook. (shrink)

Substantial review of Michael Rea's, World without design: the ontological consequences of naturalism. It is an improved version of my paper, "Rea On Naturalism" in Philo, 2004, revised in light of Rea's comments on the earlier paper. The discussion focuses on Rea’s case for three of his theses: that naturalism must be viewed as a ‘research programme’; that naturalism ‘cannot be adopted on the basis of evidence’, as he puts it; and that naturalists cannot be justified in accepting realism about (...) material objects. (shrink)

In a recent book, Neil Levy argues that culpable action – action for which we are morally responsible – is necessarily produced by states of which we are consciously aware. However, criminal defendants are routinely held responsible for criminal harm caused by states of which they are not conscious in Levy’s sense. In this chapter I argue that cases of negligent criminal harm indicate that Levy’s claim that moral responsibility requires synchronic conscious awareness of the moral significance of an act (...) is too strict, and that tracing conditions cannot be successfully used to bolster Levy’s account. Instead, current legal practices indicate that criminal responsibility requires the capacity for diachronic agency and self-control, not synchronic conscious control. (shrink)

In an important discussion of the problem of hiddenness, Michael Rea briefly presents and defends an argument from divine hiddenness which he thinks encapsulates the problem of divine hiddenness, and then develops a detailed and nuanced response to this argument. Importantly, Rea claims that his response does not depend on the commonly held theistic view that God allows hiddenness to secure human goods. In this paper I offer a detailed criticism of Rea’s account of what justifies God in allowing divine (...) hiddenness, arguing that Rea’s response to the argument from divine hiddenness is unsuccessful. (shrink)

Unified Modeling Language (UML) of Object Management Group, along with Object Constraint Language (OCL), are considered as the best fit for blockchain ontology. OCL is a declarative language that describes the rules applicable to UML models and is part of the UML standard. Initially, OCL was just an extension of the formal specification language for UML. Now, OCL can be used with any meta-model. Enterprise ontology is combined with the business ontology of Resources, Events, Agents (REA) to be used for (...) the content of the change. REA was originally proposed in 1982 by William E. McCarthy as generalized accounting model. DOI: 10.13140/RG.2.2.14744.14083. (shrink)

Accomplice liability makes someone guilty of a crime he never committed, so long as he helped or influenced the perpetrator and did so with the required mens rea. Just what that mens rea should be has been contested for more than a century. Here I consider three major approaches and find them all wanting. I propose rejecting their common (but rarely questioned) assumption that what matters is the helper’s mental state toward the perpetrator’s commission of an offense. I suggest considering (...) instead his stance toward the perpetrator’s intention to act: a helper is an accomplice, on this view, if he (a) intends to see to it that the principal form or keep his own plan to commit an offense and (b) does not intend or expect that plan’s frustration. This standard better justifies imposing accomplice liability. It more precisely picks out those helpers culpable for the perpetrator’s very offense. And this parity of guilt is the best—perhaps the only good—basis for imposing the same liability on accomplice and principal, in a system so retribution-driven as to choose to do so at all. (shrink)

It is undeniable that human beings seek happiness and have difficulty finding it. This is not a new phenomenon: ever since ancient times man has wondered about what happiness is, where it lies and how to achieve it. For the Greeks, a people of deep pessimism, the search for happiness (eudaimonia) was a traditional theme of philosophy and it was precisely in Greece where Epicurus ́ (341-270 BC) doctrine of happiness emerged. A cursed and manipulated author (just like his admirer (...) Nietzsche), Epicurus has probably been the thinker who has most lucidly approached the question of eudaimonia. Its doctrine seeks and promises its followers happiness through pleasure (hedoné), self-sufficiency (autarky), friendship (philía) and mental calm (ataraxia), offering itself as medicine against the pain of flesh and the sufferings of the mind. But Epicurean hedonism, which harmonizes well with the ancient Apollonian maxim that wisdom consists of moderation and the knowledge of limits, is totally removed from both the tyranny of the happycracy and from the noxious culture of unrestrained and vacuous desire of contemporary postmodernity. This is precisely why Epicurus's timeless proposal for authentic happiness deserves to be known for everyone: for constituting an effective therapy against the ills that afflict the nihilistic human being of the neoliberal era. (shrink)

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...) a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by s. 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded on their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable” given what the accused knew, the legal definition of consent in section 273.1 is easily over-looked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. -/- That is precisely what we see here; the result is often failure to enforce the law. The author proposes: -/- (a) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and -/- (b) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent. (shrink)

The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading to a truncated analysis of criminal (...) responsibility, and error. The problem illustrates how easily old rhetoric perpetuates assumptions that no longer have a place in Canadian law. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather than (...) simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

Condition essentielle de la responsabilité civile, la notion de causalité reste aujourd’hui difficile à saisir et sujette à nombreuses discussions. Les contributions présentées dans cet ouvrage abordent la question à nouveaux frais, en adoptant un point de vue résolument interdisciplinaire mêlant philosophie, droit et économie. Sont envisagées successivement des difficultés que le contentieux de la causalité met régulièrement en évidence. Ainsi, la difficile articulation entre causalité juridique et causalité scientifique conduit à s’interroger sur le rôle de la science : doit-elle (...) guider le droit ou faut-il considérer que la causalité en droit n’est qu’un “construit” juridique dégagé de toute perspective scientifique ? Sont également évoquées les diverses tentatives de formalisation analytique de la causalité comme l’analyse contrefactuelle, le critère NESS et les définitions probabilistes de la causalité, ainsi que leur capacité à répondre aux questions redoutables suscitées par la présence de co-auteurs multiples ou d’hypothèses de “surdétermination causale”. Ces réflexions fondamentales ouvrent alors sur les autres aspects clefs de la causalité en droit et en économie comme la preuve et le rôle du raisonnement probabiliste, ou les modalités de la contribution à la dette de réparation en présence d’une pluralité de co-auteurs. Est alors mis en évidence l’apport des sciences économiques, qui permet de classer les différentes techniques d’attribution de la responsabilité et de discuter des propriétés économiques des règles de répartition de la charge de la dette de réparation. Cet ouvrage s’adresse aux chercheurs et aux praticiens confrontés aux questions délicates posées par la causalité dans le droit de la responsabilité civile. (shrink)

Mistificări istoriografice. Un scaun episcopal neocupat de „ctitorul de frunte al Filocaliei”. Cum să împiedici intelectualii și cohortele de tărani să-l aculte pe Sfântul de la Sâmbăta care „predica dumnezeiește”. Rectitorirea Mănăstirii Prislop a urmat rectitoririi Mânăstirii Brâncoveanu. Lagăre și închisori de exterminare unde a pătimit Starețul de la Sâmbăta si apoi de la Prislop. Dresații învățământului post-comunist și stupefianta lor credulitate. Părintele Arsenie Boca își vedea propriile suferințe viitoare. Securitatea sovietică nu l-a gasit vinovat. Mărturia unui elev trecut prin (...) „Moara lui Kalușek”. Minciuni securiste văzute de cercetătorii de azi ca adevăr revelat. Lățirea minciunii în spusele călugărului Teofil Pârâian. Paradigma „Arsenie Boca – Părăian” după modelul Eliade -Culian’ si Noica – Liicean’ de promovare a „înlocuitorilor”. Uciderea în anii ‘80 a unui preot polonez asemănătoare cu schingiuirea Părintelui Arsenie Boca la 79 de ani. Mărturii în răspăr cu istoria prefabricată în arhivele Securității și difuzată prin pangare, prin librării și prin internet de cercetători precum A.N. Petcu, G. Enache, V. Manea, F. Bichir etc. (shrink)

Brogaard and Salerno (2005, Nous, 39, 123–139) have argued that antirealism resting on a counterfactual analysis of truth is flawed because it commits a conditional fallacy by entailing the absurdity that there is necessarily an epistemic agent. Brogaard and Salerno's argument relies on a formal proof built upon the criticism of two parallel proofs given by Plantinga (1982, "Proceedings and Addresses of the American Philosophical Association", 56, 47–70) and Rea (2000, "Nous," 34, 291–301). If this argument were conclusive, antirealism resting (...) on a counterfactual analysis of truth should probably be abandoned. I argue however that the antirealist is not committed to a controversial reading of counterfactuals presupposed in Brogaard and Salerno's proof, and that the antirealist can in principle adopt an alternative reading that makes this proof invalid. My conclusion is that no reductio of antirealism resting on a counterfactual analysis of truth has yet been provided. (shrink)

This 9,000+ word entry briefly assesses five models of the Trinity, those espoused by (i) Richard Swinburne, (ii) William Lane Craig, (iii) Brian Leftow, (iv) Jeff Brower and Michael Rea, and (v) Peter van Inwagen.

The doctrine of mens rea can be expressed in this way: MRP: If A is culpable for performing phi, then A performs phi intentionally in circumstances in which it is impermissible to perform phi. The Sermon on the Mount suggests the following principle: SMP: If A intends to perform phi in circumstances in which it would be impermissible for A to perform phi, then A’s intending to perform phi makes A as culpable as A would be were A to perform (...) phi. MRP and SMP are principles representative of intentionalism, a family of views that emphasizes the importance of intention to judgments about culpability. This essay examines an intentionalist’s defense of MRP with respect to lying, strict criminal liability, and the distinction between intention and foreseeability, along with a defense of SMP with respect to failed attempts, and self-defense. (shrink)

According to fitting-attitude (FA) accounts of value, X is of final value if and only if there are reasons for us to have a certain pro-attitude towards it. FA accounts supposedly face the wrong kind of reason (WKR) problem. The WKR problem is the problem of revising FA accounts to exclude so called wrong kind of reasons. And wrong kind of reasons are reasons for us to have certain pro-attitudes towards things that are not of value. I argue that the (...) WKR problem can be dissolved. I argue that (A) the view that there are wrong kind of reasons for the pro-attitudes that figure in FA accounts conflicts with the conjunction of (B) an extremely plausible and extremely weak connection between normative and motivating rea- sons and (C) an extremely plausible generality constraint on the reasons for pro- attitudes that figure in FA accounts. I argue that when confronted with this trilemma we should give up (A) rather than (B) or (C) because there is a good explanation of why (A) seems so plausible but is in fact false, but there is no good explanation of why (B) and (C) seem so plausible but are in fact false. (shrink)

This chapter will argue that the criminal law is most compatible with a specific theory regarding the mind/body relationship: non-eliminative reductionism. Criminal responsibility rests upon mental causation: a defendant is found criminally responsible for an act where she possesses certain culpable mental states (mens rea under the law) that are causally related to criminal harm. If we assume the widely accepted position of ontological physicalism, which holds that only one sort of thing exists in the world – physical stuff – (...) non-eliminative reductive physicalism about the mind offers the most plausible account of the full-bodied mental causation criminal responsibility requires. Other theories of the mind/body relationship, including elminativism and non-reductive physicalism, threaten criminal responsibility because they do not offer satisfactory accounts of mental causation. Eliminativism, as the name implies, eliminates the mental or is skeptical that it can do the causal work necessary to responsibility; and non-reductive theories disconnect the mental from the physical/casual world such that the mental can no longer have reliable causal effects. (shrink)

Reprinted in Philosophy of Religion: An Anthology, Wadsworth 2015, 6th edition, eds Michael Rea and Louis Pojman. What is propositional faith? At a first approximation, we might answer that it is the psychological attitude picked out by standard uses of the English locution “S has faith that p,” where p takes declarative sentences as instances, as in “He has faith that they’ll win”. Although correct, this answer is not nearly as informative as we might like. Many people say that there (...) is a more informative answer. They say that, at the very least, propositional faith requires propositional belief. More precisely, they say that faith that p requires belief that p or that it must be partly constituted by belief that p. This view is common enough; call it the Common View. I have two main aims in this paper: (i) to exhibit the falsity of the Common View and the paucity of reasons for it, and (ii) to sketch a more accurate and comprehensive account of what propositional faith is. (shrink)

In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven (...) asymmetry across perceived probabilities constitutes a systematic cognitive distortion. We then explore three distinct strategies to alleviate the hindsight bias and its downstream effects on mens rea and culpability ascriptions. Not all are successful, but at least some prove promising. They should, we argue, be taken into consideration in criminal jurisprudence, where distortions due to the hindsight bias are likely considerable and deeply disconcerting. (shrink)

Recently, several philosophers have recast feminist arguments against pornography in terms of Speech Act Theory. In particular, they have considered the ways in which the illocutionary force of pornographic speech serves to set the conventions of sexual discourse while simultaneously silencing the speech of women, especially during unwanted sexual encounters. Yet, this raises serious questions as to how pornographers could (i) be authorities in the language game of sex, and (ii) set the conventions for sexual discourse - questions which these (...) speech act-theoretic arguments against pornography have thus far failed to adequately answer. I fill in this gap of the argumentation by demonstrating that there are fairly weak standards for who counts as an authority or convention-setter in sexual discourse. With this analysis of the underpinnings of a speech act analysis of pornography in mind, I discuss a range of possible objections. I conclude that (i) the endorsement of censorship by a speech act analysis of pornography competes with its commitment to the conventionality of speech acts, and, more damningly, that (ii), recasting anti-pornography arguments in terms of linguistic conventions risks an unwitting defence of a rapist's lack of mens rea - an intolerable result; and yet resisting this conclusion requires that one back away from the original claim to women's voices being 'silenced'. (shrink)

This paper explores what a Rule Consequentialist of Brad Hooker's sort can and should say about normative rea- sons for action. I claim that they can provide a theory of reasons, but that doing so requires distinguishing dif- ferent roles of rules in the ideal code. Some rules in the ideal code specify reasons, while others perform differ- ent functions. The paper also discusses a choice that Rule Consequentialists face about how exactly to specify rea- sons. It ends by comparing (...) the theory of reasons offered by Rule Consequentialism with the theory offered by Act Consequentialism, noting that Rule Consequentialism seems better able to explain moral constraints. (shrink)

Recent research shows – somewhat astonishingly – that people are willing to ascribe moral blame to AI-driven systems when they cause harm [1]–[4]. In this paper, we explore the moral- psychological underpinnings of these findings. Our hypothesis was that the reason why people ascribe moral blame to AI systems is that they consider them capable of entertaining inculpating mental states (what is called mens rea in the law). To explore this hypothesis, we created a scenario in which an AI system (...) runs a risk of poisoning people by using a novel type of fertilizer. Manipulating the computational (or quasi-cognitive) abilities of the AI system in a between-subjects design, we tested whether people’s willingness to ascribe knowledge of a substantial risk of harm (i.e., recklessness) and blame to the AI system. Furthermore, we investigated whether the ascription of recklessness and blame to the AI system would influence the perceived blameworthiness of the system’s user (or owner). In an experiment with 347 participants, we found (i) that people are willing to ascribe blame to AI systems in contexts of recklessness, (ii) that blame ascriptions depend strongly on the willingness to attribute recklessness and (iii) that the latter, in turn, depends on the perceived “cognitive” capacities of the system. Furthermore, our results suggest (iv) that the higher the computational sophistication of the AI system, the more blame is shifted from the human user to the AI system. (shrink)

Mens rea means a guilty mind; guilty knowledge and wilfulness without clear permission to do so. The 1924 Declaration of the Rights of the Child and the 1948 Universal Declaration of Human Rights, followed by the 1959 Declaration of the Rights of the Child have all been ignored by the UK Home Secretary and the UK Prime Minister. These universal laws place the child in the nexus of the State, the parents, and the broader society. The 1959 Declaration claims in (...) its Preamble, that “mankind owes to the child the best it has to give” and it contains ten principles outlining numerous rights of children. See also, Philip Alston, “The Best Interests Principles towards a reconciliation of culture and human rights”, (1994), 8, International Journal of Law and the Family, 1-25, 6. -/- . (shrink)