I have great sympathy for what seem to be two main goals in Michelle Ciurria’s (2014) “Moral Responsibility and Mental Health: Applying the Standard of the Reasonable Person,” although I am not sure the reasonable person standard achieves either of the goals. These central goals seem to be to preserve an objective standard of moral responsibility and to do so in a way that “does not depersonalize the target individual” (Ciurria 2014, 7). In this commentary, I (...) focus on my doubts about the adequacy of the reasonable person standard, at least as presented in Ciurria’s paper, to meet either of these goals. It might be that had she chosen the example of the psychopath rather than Tourette syndrome to work through in a .. (shrink)

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

The reasonable person standard is used in adjudicating claims of self-defence. In US law, an individual may use defensive force if her beliefs that a threat is imminent and that force is required are beliefs that a reasonable person would have. In English law, it is sufficient that beliefs in imminence and necessity are genuinely held; but the reasonableness of so believing is given an evidential role in establishing the genuineness of the beliefs. There is, of (...) course, much contention over how to spell out when, and in virtue of what, such beliefs are reasonable. In this chapter, we identify some distinctive issues that arise when we consider that implicit racial bias might be implicated in the beliefs in imminence and necessity. Considering two prominent interpretations of the reasonable person standard, we argue that neither is acceptable. On one interpretation, we risk unfairness to the defendant-who may non-culpably harbour bias. On another, the standard embeds racist stereotypes. Whilst there are formulations of the defence that may serve to mitigate these problems, we argue that they cannot be avoided in the presence of racist social structures. (shrink)

What justifies holding the person that we are today morally responsible for something we did a year ago? And why are we justified in showing prudential concern for the future welfare of the person we will be a year from now? These questions cannot be systematically pursued without addressing the problem of personal identity. This essay considers whether Buddhist Reductionism, a philosophical project grounded on the idea that persons reduce to a set of bodily, sensory, perceptual, dispositional, and (...) conscious elements, provides support for Parfit’s psychological criterion for personal identity. It examines the role that self-consciousness plays in mediating both self-concern and concern for others, and offers an argument for how reductionism about substantive or enduring selves may be reconciled with the seemingly irreducible character of self-consciousness. (shrink)

My project is to reconsider the Kantian conception of practical reason. Some Kantians think that practical reasoning must be more active than theoretical reasoning, on the putative grounds that such reasoning need not contend with what is there anyway, independently of its exercise. Behind that claim stands the thesis that practical reason is essentially efficacious. I accept the efficacy principle, but deny that it underwrites this inference about practical reason. My inquiry takes place against the background of recent Kantian metaethical (...) debate — each side of which, I argue, correctly points to issues that need to be jointly accommodated in the Kantian account of practical reason. The constructivist points to the essential efficacy of practical reason, while the realist claims that any genuinely cognitive exercise of practical reason owes allegiance to what is there anyway, independently of its exercise. I argue that a Kantian account of respect for persons (“recognition respect”) suggests how the two claims might be jointly accommodated. The result is an empirical moral realism that is itself neutral on the received Kantian metaethical debate. (shrink)

The reasonable person standard is key to both Criminal Law and Torts. What does and does not count as reasonable behavior and decision-making is frequently deter- mined by lay jurors. Hence, laypeople’s understanding of the term must be considered, especially whether they use it predominately in an evaluative fashion. In this corpus study based on supervised machine learning models, we investigate whether laypeople use the expression ‘reasonable’ mainly as a descriptive, an evaluative, or merely a value-associated (...) term. We find that ‘reasonable’ is predicted to be an evaluative term in the majority of cases. This supports prescriptive accounts, and challenges descriptive and hybrid accounts of the term—at least given the way we operationalize the latter. Interestingly, other expressions often used interchangeably in jury instructions (e.g. ‘careful,’ ‘ordinary,’ ‘prudent,’ etc), however, are predicted to be descriptive. This indicates a discrepancy between the intended use of the term ‘reasonable’ and the understanding lay jurors might bring into the court room. (shrink)

In this paper I argue that there are two kinds of epistemic reasons. One kind is irreducibly first personal -- what I call deliberative reasons. The other kind is third personal -- what I call theoretical reasons. I argue that attending to this distinction illuminates a host of problems in epistemology in general and in religious epistemology in particular. These problems include (a) the way religious experience operates as a reason for religious belief, (b) how we ought to understand religious (...) testimony, (c) how religious authority can be justified, (d) the problem of religious disagreement, and (e) the reasonableness of religious conversion. (shrink)

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A lineage of prominent philosophers who have discussed the second-person relation can be regarded as advancing structural accounts. They posit that the second-person relation effects one transformative change to the structure of practical reasoning. In this paper, I criticise this orthodoxy and offer an alternative, substantive account. That is, I argue that entering into second-personal relations with others does indeed affect one's practical reasoning, but it does this not by altering the structure of one's agential thought, but by (...) changing what reasons can become available. The importance of second-personal thought for action is heterogenous. Second-person relations make possible the emergence of a wide variety of different kinds of practical reasons: creating some, revealing others. Recognising this diminishes the appeal of the traditional, structural accounts of the practical significance of such second-personal relations. Moving away from structural accounts facilitates a more thorough understanding of the intersubjective form of action. (shrink)

According to what McMahan and Savulescu (2024) call the “popular position”, embryo selection is less ethically problematic than gene editing (other things being equal). The Two-Tier View, defended by McMahan and Savulescu, implies that the popular position is mistaken. The authors treat gene editing of embryos similarly to standard cases of medical treatments that promise expected benefits for the (subsequent) person even though gene editing also may create risks of harmful side effects for her. McMahan and Savulescu assume that (...) if gene editing is (successfully) done, it is better for the person who developed from the beneficently edited embryo. And, if the editing had not been done, although it was possible, that would have been worse for the same person in question. Thus, the comparator must always be a possible, even if unlikely, world in which she would have existed. That is why gene editing, in their view, resembles medical treatments. Therefore, assuming that standard medical treatments are not more ethically problematic than embryo selection, they conclude that (in general) gene editing should also be treated as not more problematic than embryo selection. In this paper, I am taking one step further than McMahan and Savulescu in questioning the central assumptions in the bioethical debates about new reproductive technologies. In the previous work, we argued that the very distinction between person-affecting and identity-affecting interventions is based on a questionable form of material-origin essentialism (Żuradzki and Dranseika 2022). Here, I argue that the bipartite distinction between person-affecting and impersonal reasons, as used by McMahan and Savulescu, insufficiently represents different possible counterfactual comparisons between real and merely possible outcomes. In particular, I argue that the evaluation of gene editing requires counterfactual comparisons to situations in which the benefited person might or might not exist. Such evaluation requires an additional class of reasons, let me call them “semi-person-affecting,” that cannot be reduced to either person-affecting or impersonal ones. This aspect of gene editing makes it dissimilar to standard cases of medical treatments. (shrink)

It is widely held that it is good to conceive of one's life narratively, but why this is the case has not been well established. I argue that conceiving of one's life narratively can contribute to one's flourishing by mediating to oneself a second-person experience of oneself, furnishing one with valuable second-personal productive distance from oneself and as a result self-understanding. Drawing on Eleonore Stump's theory that narratives re-present to their audiences the second-person experiences they depict, I argue (...) that conceiving of one's life narratively facilitates taking on the second-person experience that an audience would have in hearing one's life narrative, mediating how someone from a second-person perspective might perceive oneself and as a result yielding valuable self-understanding. I conclude with some practical implications. (shrink)

A classic debate concerns whether reasonableness should be understood statistically (e.g., reasonableness is what is common) or prescriptively (e.g., reasonableness is what is good). This Article elaborates and defends a third possibility. Reasonableness is a partly statistical and partly prescriptive “hybrid,” reflecting both statistical and prescriptive considerations. Experiments reveal that people apply reasonableness as a hybrid concept, and the Article argues that a hybrid account offers the best general theory of reasonableness. -/- First, the Article investigates how ordinary people judge (...) what is reasonable. Reasonableness sits at the core of countless legal standards, yet little work has investigated how ordinary people (i.e., potential jurors) actually make reasonableness judgments. Experiments reveal that judgments of reasonableness are systematically intermediate between judgments of the relevant average and ideal across numerous legal domains. For example, participants’ mean judgment of the legally reasonable number of weeks’ delay before a criminal trial (ten weeks) falls between the judged average (seventeen weeks) and ideal (seven weeks). So too for the reasonable num- ber of days to accept a contract offer, the reasonable rate of attorneys’ fees, the reasonable loan interest rate, and the reasonable annual number of loud events on a football field in a residential neighborhood. Judgment of reasonableness is better predicted by both statistical and prescriptive factors than by either factor alone. -/- This Article uses this experimental discovery to develop a normative view of reasonableness. It elaborates an account of reasonableness as a hybrid standard, arguing that this view offers the best general theory of reasonableness, one that applies correctly across multiple legal domains. Moreover, this hybrid feature is the historical essence of legal reasonableness: the original use of the “reasonable person” and the “man on the Clapham omnibus” aimed to reflect both statistical and prescriptive considerations. Empirically, reasonableness is a hybrid judgment. And normatively, reasonableness should be applied as a hybrid standard. (shrink)

This paper presents a series of studies (total N=579) which demonstrate that folk judgments concerning the reasonableness of decisions and actions depend strongly on whether they engender positive or negative consequences. A particular decision is deemed more reasonable in retrospect when it produces beneficial consequences than when it produces harmful consequences, even if the situation in which the decision was taken and the epistemic circumstances of the agent are held fixed across conditions. This finding is worrisome for the law, (...) where the reasonable person standard plays a prominent role. The legal concept of reasonableness is outcome-insensitive: whether the defendant acted in a reasonable fashion or not depends exclusively on her context of action, no matter how things play out. Folk judgments of reasonableness are thus inconsistent with the legal concept of reasonableness. Problematically, in common law jurisdictions, the decision whether a defendant’s behavior was reasonable or not is frequently (though not necessarily) delegated to a lay jury. (shrink)

Proponents of the epistemic companions in guilt argument argue that we should reject the moral error theory because it entails that there are no epistemic reasons. In this paper, I investigate whether a plausible version of the moral error theory can be constructed that does not entail an error theory about epistemic reasons. I argue that there are no irreducibly normative second-personal reasons even if there are irreducibly normative reasons. And epistemic reasons are not second-personal reasons. In this case, a (...) plausible version of the moral error theory can be constructed that does not entail an error theory about epistemic reasons if facts and claims about morality entail facts and claims about irreducibly normative second-personal reasons. And, as I explain, there is a good case that facts and claims about morality do entail facts and claims about irreducibly normative second-personal reasons. (shrink)

In Reasons and Persons, Parfit (1984) posed a challenge: provide a satisfying normative account that solves the Non-Identity Problem, avoids the Repugnant and Absurd Conclusions, and solves the Mere-Addition Paradox. In response, some have suggested that we look toward person-affecting views of morality for a solution. But the person-affecting views that have been offered so far have been unable to satisfy Parfit's four requirements, and these views have been subject to a number of independent complaints. This paper describes (...) a person-affecting account which meets Parfit's challenge. The account satisfies Parfit's four requirements, and avoids many of the criticisms that have been raised against person-affecting views. (shrink)

While first-person methods are essential for a science of consciousness, it is controversial what form these methods should take and whether any such methods are reliable. I propose that first-person experiments are a reliable method for investigating conscious experience. I outline the history of these methods and describe their characteristics. In particular, a first-person experiment is an intervention on a subject's experience in which independent variables are manipulated, extraneous variables are held fixed, and in which the subject (...) makes a phenomenal judgement about the target experience of the investigation. I examine historical and contemporary examples of first-person experiments: Mariotte’s demonstration of the visual blind spot, Kanizsa’s subjective contours, the Tse Illusion, and investigations of the non-uniform resolution of the visual field. I discuss the role that phenomenal contrast plays in these methods, and how they overcome typical introspective errors. I argue that their intersubjective repeatability is an important factor in their scientific status, however, it is not the only factor. That they control for extraneous factors and confounds is another factor which sets them apart from pseudoscience (e.g., the perception of auras), and hence another reason for classifying them as genuine experiments. Furthermore, by systematically mapping out the structure of visual experience, these methods make scientific progress. Praises of such first-person experimental approaches may not always be sung by philosophers and psychologists, but they continue to flourish as respectable scientific methods nevertheless. (shrink)

The philosophical literature on reasoning is dominated by the assumption that reasoning is essentially a matter of following rules. This paper challenges this view, by arguing that it misrepresents the nature of reasoning as a personal level activity. Reasoning must reflect the reasoner’s take on her evidence. The rule-following model seems ill-suited to accommodate this fact. Accordingly, this paper suggests replacing the rule-following model with a different, semantic approach to reasoning.

According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that a person (...) knows a proposition when their evidence rules out all relevant error possibilities. I adapt this framework to model three legal standards of proof—the preponderance of evidence, clear and convincing evidence, and beyond reasonable doubt standards. I describe virtues of this framework. I argue that, by eschewing numerical thresholds, the relevant alternatives framework avoids problems inherent to rival models. I conclude by articulating aspects of legal normativity and practice illuminated by the relevant alternatives framework. (shrink)

A normative reason for a person to? is a consideration which favours?ing. A motivating reason is a reason for which or on the basis of which a person?s. This paper explores a connection between normative and motivating reasons. More specifically, it explores the idea that there are second-order normative reasons to? for or on the basis of certain first-order normative reasons. In this paper, I challenge the view that there are second-order reasons so understood. I then show that (...) prominent views in contemporary epistemology are committed to the existence of second-order reasons, specifically, views about the epistemic norms governing practical reasoning and about the role of higher-order evidence. If there are no second-order reasons, those views are mistaken. (shrink)

A book chapter (about 8,000 words, plus references) summarizing Part One of Reasons and Persons, with particular attention to the Self-interest Theory, Consequentialism, Common-Sense Morality, and how critical scrutiny of Consequentialism and Common-Sense Morality points the way toward a unified theory of morality.

What justifies practices of “standing”? Numerous everyday practices exhibit the normativity of standing: forbidding certain interventions and permitting ignoring them. The normativity of standing is grounded in facts about the person intervening and not on the validity of her intervention. When valid, directives are reasons to do as directed. When interventions take the form of directives, standing practices may permit excluding those directives from one’s practical deliberations, regardless of their validity or normative weight. Standing practices are, therefore, puzzling – (...) forbidding giving reasons and, if given, permitting disregarding such reasons. What justifies standing practices are the values that they protect, including privacy, autonomy, independence, valuable relationships, and equal respect. These values count in favor of standing’s duty against certain interventions and, when these duties of non-intervention are breached, the values underpinning those duties count in favor of standing’s permission to discount or exclude those interventions from one’s practical deliberations – the normative weight of those interventions notwithstanding. (shrink)

This paper outlines a new pluralistic theory of normative reasons for belief, welfarist pluralism, which aims to explain how there can be basic alethic/epistemic reasons for belief and basic pragmatic/non-alethic reasons for belief that can combine to determine what one ought to believe. The paper shows how this non-derivative first-order pluralism arises from a purely welfarist account of the foundations of theoretical normativity, thereby combining foundational pragmatism with non-derivative pluralism about normative reasons for belief. In addition, this paper outlines how (...) welfarist pluralism provides a new and potentialy attractive account of the value of truth (or its indicators), namely that the value of truth (or its indicators) is its direct contribution to individuals' personal good or wellbeing. (shrink)

The project takes as its starting point our conflicting intuitions about personal identity exposed by Bernard Williams' thought experiment involving the switching of bodies in "The Self and the Future." The conflicted intuitions are identified as animalist and psychologist and correspond roughly with the two major approaches to personal identity. The traditional strategy to resolve the conflict---thought experiments---is critically examined and the project concludes that proper thought experiments will reveal the conflict but are unlikely to resolve it. A new reading (...) of the conflict is proposed. The concept of the person is a cluster concept with distinct components: biological human beings, rational agency and psychological continuity, where the latter is construed as the temporal analog of phenomenological unity at a time. The project then suggests that moral theory is best pursued not by a naturalist conception of persons that unites the components of the cluster, but by a novel conception that separates them. This can be accomplished best by eliminating the concept of the person altogether. Objections that the concept of the person is ineliminable are considered and rejected, as are objections that the nature of conflict is not reason enough to abandon the concept. Personhood's centrality for value theory is questioned and the eliminativist strategy is defended on the grounds that responsibility, self-concern and moral rights are best analyzed with the component concepts instead of the cluster concept. Eliminativism is therefore preferable to competing accounts of personal identity because the former is better suited for moral theory. Among the advantages are the ability to: attribute responsibility to group agents without calling them persons, make sense of our conflicting demonstrations of self-concern without taking them as evidence for conflicting theories of personal identity, and attribute moral rights to entities who fail to meet traditional criteria for personhood but who are nonetheless entitled to moral respect. (shrink)

Daniel Dennett's distinction between personal and subpersonal explanations was fundamental in establishing the philosophical foundations of cognitive science. Since it was first introduced in 1969, the personal/subpersonal distinction has been adapted to fit different approaches to the mind. In one example of this, the ‘Pittsburgh school’ of philosophers attempted to map Dennett's distinction onto their own distinction between the ‘space of reasons’ and the ‘space of causes’. A second example can be found in much contemporary philosophy of psychology, where Dennett's (...) distinction has been presumed to be equivalent to Stephen Stich's distinction between doxastic and subdoxastic states. Both these interpretations of the personal/subpersonal distinction, and also Dennett's own philosophical views of the mind, go beyond the personal/subpersonal distinction itself. They each involve supplementing the distinction between personal and subpersonal explanations with metaphysical claims about the relationship between the two kinds of explanation and the entities they posit. (shrink)

Decision theory explains weakness of will as the result of a conflict of incentives between different transient agents. In this framework, self-control can only be achieved by the I-now altering the incentives or choice-sets of future selves. There is no role for an extended agency over time. However, it is possible to extend game theory to allow multiple levels of agency. At the inter-personal level, theories of team reasoning allow teams to be agents, as well as individuals. I apply team (...) reasoning at the intra-personal level, taking the self as a team of transient agents over time. This allows agents to ask, not just “what should I-now do?’, but also ‘What should I, the person over time do?’, which may enable agents to achieve self-control. The resulting account is Aristotelian in flavour, as it involves reasoning schemata and perception, and it is compatible with some of the psychological findings about self-control. (shrink)

This paper proposes a new explanation for the paradoxes related to anthropic reasoning. Solutions to the Sleeping Beauty Problem and the Doomsday argument are discussed in detail. The main argument can be summarized as follows: -/- Our thoughts, reasonings and narratives inherently comes from a certain perspective. With each perspective there is a center, or using the term broadly, a self. The natural first-person perspective is most primitive. However we can also think and express from others’ perspectives with a (...) theory of mind. A perspective’s center could be unrelated to the topic of discussion so its de se thoughts need not to be considered, e.g. the perspective of an outside observer. Let’s call these the third-person perspective. First-person reasoning allows primitive self identification as I am inherently unique as the center of the perspective. Whereas from third-person perspective I am not fundamentally special comparing to others so a reference class of observers including me can be defined. It is my contention that reasonings from different perspectives should not mix. Otherwise it could lead to paradoxes even independent of anthropic reasoning. The paradoxes surrounding anthropic reasoning are caused by the aforementioned perspective mix. Regarding the sleeping beauty problem the correct answer should be double halving. Lewisian halving and thirding uses unique reasonings from both first and third-person perspectives. Indexical probabilities such as “the probability that this is the first awakening” or “the probability of me being one of the first 100 billion human beings” also mixes first- and third-person reasonings. Therefore invalid. Readers against perspectivism may disagree with point 1 and suggest we could reason in objective terms without the limit of perspectives. My argument is compatible with this belief. Objective reasoning would be analytically identical to the third-person perspective. My argument would become that objective reasoning and perspective reasonings should not mix. In the following I would continue to use “third-person perspective” but readers can switch that to “objective reasoning” if they wish so. (shrink)

Introduction -- What is personal responsibility? -- Ordinary language -- Common conceptions -- What do philosophers mean by responsibility? -- Personally responsible for what? -- What do philosophers think? part I -- Causes -- Capacity -- Control -- Choice versus brute luck -- Second-order attitudes -- Equality of opportunity -- Deservingness -- Reasonableness -- Reciprocity -- Equal shares -- Combining criteria -- What do philosophers think? part II -- Utility -- Self-respect -- Autonomy -- Human flourishing -- Natural duties and (...) special obligations -- A matter of perspectives -- Combining values -- What do politicians think? -- A brief typology -- International comparisons -- Welfare reform -- Healthcare reform -- Rights and responsibilities -- On the responsibilities of politicians -- What do ordinary people think? -- Why ask? -- Attitudes to welfare claimants -- When push comes to shove -- Perceptions and reality -- Further international comparisons -- The trouble with opinion surveys -- Four contemporary issues in focus -- Unemployment -- Health -- Drug abuse -- Personal debt and financial rewards -- So how do we decide? -- Getting the public involved -- Citizens juries -- Answering some potential criticisms. (shrink)

Like all reasoning, practical reasoning is a process that takes a person from some of her existing mental states to a new mental state. Theoretical reasoning concludes in a belief; practical reasoning in an intention. This paper concentrates on instrumental reasoning, a species of practical reasoning in general. It argues that instrumental reasoning is correct if the content of the reasoning is a valid derivation, just as theoretical reasoning is correct if its content is a valid derivation. It also (...) argues that neither theoretical nor practical reasoning gives a reason for its conclusion. If a piece of reasoning is correct, it concludes in a state - a belief or an intention - that is rationally required by the states it is derived from, but rationally requiring a conclusion is not the same as giving a reason for it. (shrink)

When involved in a disagreement, a common reaction is to tell oneself that, given that the information about one’s own epistemic standing is clearly superior in both amount and quality to the information about one’s opponent’s epistemic standing, one is justified in one’s confidence that one’s view is correct. In line with this natural reaction to disagreement, some contributors to the debate on its epistemic significance have claimed that one can stick to one’s guns by relying in part on information (...) about one’s first-order evidence and the functioning of one’s cognitive capacities. In this article, I argue that such a manoeuvre to settle controversies encounters the problem that both disputants can make use of it, the problem that one may be wrong about one’s current conscious experience, and the problem that it is a live possibility that many of one’s beliefs are the product of epistemically distorting factors. I also argue that, even if we grant that personal information is reliable, when it comes to real-life rather than idealized disagreements, the extent of the unpossessed information about one’s opponent’s epistemic standing provides a reason for doubting that personal information can function as a symmetry breaker. (shrink)

Persons care about their future selves. They reason about their future selves’ interests; they plan for their future selves’ happiness and they worry about their future selves’ suffering. This paper is interested in the interplay between diachronic prudential reason and certain accounts of the metaphysics of personal identity that fall under the broad umbrella ‘conventionalist’. Some conventionalists conclude that under certain conditions there are intractable decisions for there is no fact of the matter regarding whether a person-stage ought (prudentially) (...) to ϕ. This paper will suggest otherwise. These decisions are not intractable if we allow that it is sometimes rational for a person-stage to discount the utility of certain future person-stages. The paper then goes on to explore an alternative position that conventionalists might occupy which does not involve any such discounting: prudential relativism. According to prudential relativism it is impossible to offer a single, correct, answer to the question: should person-stage, P, ϕ at t? For according to prudential relativism there is no stage-independent stance from which to evaluate whether a person-stage ought to ϕ. Yet it is not, for all that, intractable, from P’s perspective, whether or not to ϕ. (shrink)

Jeremy Waldron has recently raised the question of whether there is anything approximating the creative self-authorship of personal autonomy in the writings of Immanuel Kant. After considering the possibility that Kantian prudential reasoning might serve as a conception of personal autonomy, I argue that the elements of a more suitable conception can be found in Kant’s Tugendlehre, or “Doctrine of Virtue”—specifically, in the imperfect duties of self-perfection and the practical love of others. This discovery is important for at least three (...) reasons: first, it elucidates the relationship among the various conceptions of autonomy employed by personal-autonomy theorists and contemporary Kantians; second, it brings to the surface previously unnoticed or undernoticed features of Kant’s moral theory; and third, it provides an essential line of defense against certain critiques of contemporary Kantian theories, especially that of John Rawls. (shrink)

Sentencing outcomes turn on moral and evaluative determinations. For example, a finding of “irreparable corruption” is generally a precondition for juvenile life without parole. A finding that the “aggravating factors outweigh the mitigating factors” determines whether a defendant receives the death penalty. Should such moral determinations that expose defendants to extraordinary penalties be subject to a standard of proof? A broad range of federal and state courts have purported to decide this issue “in the abstract and without reference to our (...) sentencing case law,” as the Supreme Court recently put it. Kansas v. Carr, 577 U.S. 108, 119 (2016). According to these courts, “it would mean nothing” to ask whether the defendant “deserves mercy beyond a reasonable doubt” or “more-likely-than-not deserves it” because moral questions are not “factual.” Instead, moral determinations are highly subjective “value calls” to which concepts of doubt and certainty do not intelligibly apply. -/- Implicit in these rulings is a controversial view of the nature of moral judgment. This Article traces the contours of the view and argues that it is out of step with the way the broader public thinks about morality and fails to address the issues defendants have raised. Courts should avoid wading into such controversial waters for two reasons. First, the judiciary has historically maintained neutrality on issues of significant public concern. Second, even if moral determinations are not factual, applying a standard of proof to at least some moral decisions at sentencing would change the outcome of the sentencer’s deliberations, and improve the legitimacy of the legal system. For the reasonableness of doubt depends on context; and moral questions—"are you certain the defendant deserves death?”—make salient the stakes relative to which a person should decide what to believe about ordinary empirical matters. On the resulting view, reasonable doubt in the final moral analysis is not just intelligible, but essential for correcting a bias in the structure of the bifurcated criminal trial that systematically disadvantages defendants: the tendency for de-contextualized "factual findings” in the guilt phase to control outcomes at sentencing. (shrink)

What is a normative reason for acting? In this paper, I introduce and defend a novel answer to this question. The starting-point is the view that reasons are right-makers. By exploring difficulties facing it, I arrive at an alternative, according to which reasons are evidence of respects in which it is right to perform an act, for example, that it keeps a promise. This is similar to the proposal that reasons for a person to act are evidence that she (...) ought to do so; however, as I explain, it differs from that proposal in two significant ways. As a result, I argue, the evidence-based account of reasons I advance shares the advantages of its predecessor while avoiding many of the difficulties facing it. (shrink)

Several authors, including Thomas Nagel and David Gauthier, have defended the view that reasons of self-interest (prudential reasons) are rationally binding. That is, there is always a reason, bearing on the rational advisability, based on one's self-interest and, as a result, a person may act irrationally by knowingly acting against such reasons regardless of the person's desires or values. Both Nagel and Gauthier argue from the rationally mandatory nature of prudential reasons to the conclusion that moral reasons can (...) be rationally mandatory, challenging the neo-Humean position that practical reasons that bear on an agent's rationality are essentially grounded on the agent's subjective, contingent, conative states. I argue, pace Nagel and Gauthier, that prudential reasons are not rationally mandatory--that the rational requirement to act in one's own interest, when it exists, is, as the neo-Humean insists, grounded on one's subjective, contingent, conative states. Prudential reasons are not reasons for every (conceivable) agent--not in the sense that bears on the rational advisability of action. (shrink)

This chapter develops and defends an account of reason: to reason is to scrutinize one’s attitudes by consulting the perspectives of other persons. The principal attraction of this account is its ability to vindicate the unique of authority of reason. The chapter argues that this conception entails that reasoning is a robustly social endeavor—that it is, in the first instance, something we do with other people. It is further argued that such social endeavors presuppose mutual respect on the part of (...) those participating in them. The account therefore yields a form of Kantian constructivism: we have an unconditional duty of respect for persons because such a duty is implicit in the very nature of reasoning. -/- . (shrink)

Nancy Jecker and Andrew Ko (2017) wish to present an account of personal identity which captures what matters to the patient and places the patient at the center of medical decisions. They focus particularly on medical interventions in the brain that can cause drastic changes in personality; under what circumstances should we say the patient has 'survived' these changes? More specifically, how can we best understand the notion of survival in a way that captures what is of concern to the (...) patient? This goal is laudable, however, their chosen account of narrative identity is ill-suited to this task for one reason in particular; it does not give sufficient guidance in predicting which medical decisions are likely to be experienced as disruptive to identity. (shrink)

This article confronts two different evaluations of the narrative identity paradigm in order to examine the possibility of a minimal narrative, practical identity without excessive stress on psychic unity and moral wholeness. It consists of three sections. The first part explains the criticisms of Lippitt and Quinn. Both authors warn of the MacIntyrean narrative model's emphasis on psychic unity and moral wholeness and argue for an ethical thinking that is built around concepts of psychic disunity and moral openness. The second (...) section introduces thoughts of Korsgaard and Frankfurt as having one important intuition in common: both their insights express the idea that our identity conceptions are intimately connected with processes of practical and moral reasoning; the ways in which we see ourselves are significant for the ways in which we act. Their sort-like conclusions are linked to the insights of Kennett and Matthews, who argue with help of empirical research on Dissociative Identity Disorder and psychopathy that we should understand our practical identity conceptions narratively. The third and last section shows how the insights of the first and second sections can be brought together in a truthful vision of moral reasoning and the moral person. It argues for a more realistic perspective on morality without altogether banishing narrative thinking, centred on the concept of moral responsiveness. This results in the affirmation of a basal practical, narrative identity and the acceptance of qualities as improvisation and imagination in moral reasoning. (shrink)

In section 1, I develop epistemic communism, my view of the function of epistemically evaluative terms such as ‘rational’. The function is to support the coordination of our belief-forming rules, which in turn supports the reliable acquisition of beliefs through testimony. This view is motivated by the existence of valid inferences that we hesitate to call rational. I defend the view against the worry that it fails to account for a function of evaluations within first-personal deliberation. In the rest of (...) the paper, I then argue, on the basis of epistemic communism, for a view about rationality itself. I set up the argument in section 2 by saying what a theory of rational deduction is supposed to do. I claim that such a theory would provide a necessary, sufficient, and explanatorily unifying condition for being a rational rule for inferring deductive consequences. I argue in section 3 that, given epistemic communism and the conventionality that it entails, there is no such theory. Nothing explains why certain rules for deductive reasoning are rational. (shrink)

Reasons for action are considerations in the light of which we act. But just what is it that we attribute to a person when we credit her with a good reason? What sort of entity is on our minds when we deliberate about what we have reason to do? This book examines this question and evaluates a number of approaches to the philosophy of reasons, including normative realism, psychologism and Humeanism. The second half of the book contains the defense (...) of a theory of reasons influenced by the writings of Wilfrid Sellars and Robert Brandom. This theory is further developed in relation to a number of recent topics in action theory, including the Guise of the Good thesis, internalism and the normativity of reasons. (shrink)

I argue to a conclusion I find at once surprising and intuitive: although many considerations show trust useful, valuable, important, or required, these are not the reasons for which one trusts a particular person to do a particular thing. The reasons for which one trusts a particular person on a particular occasion concern, not the value, importance, or necessity of trust itself, but rather the trustworthiness of the person in question in the matter at hand. In fact, (...) I will suggest that the degree to which you trust a particular person to do a particular thing will vary inversely with the degree to which you must rely, for the motivation or justification of your trusting response, on reasons that concern the importance, or value, or necessity of having such a response. (shrink)

A person presented with adequate but not conclusive evidence for a proposition is in a position voluntarily to acquire a belief in that proposition, or to suspend judgment about it. The availability of doxastic options in such cases grounds a moderate form of doxastic voluntarism not based on practical motives, and therefore distinct from pragmatism. In such cases, belief-acquisition or suspension of judgment meets standard conditions on willing: it can express stable character traits of the agent, it can be (...) responsive to reasons, and it is compatible with a subjective awareness of the available options. (shrink)

In this paper, we explore the conceptual problems arising when using network analysis in person- centered care (PCC) in psychiatry. Personalized network models are potentially helpful tools for PCC, but we argue that using them in psychiatric practice raises boundary problems, i.e., problems in demarcating what should and should not be included in the model, which may limit their ability to provide clinically-relevant knowledge. Models can have explanatory and representational boundaries, among others. We argue that we can make more (...) explicit what kind of questions personalized network models can address in PCC, given their representational and explanatory boundaries, using perspectival reasoning. (shrink)

The concept of the person is widely assumed to be indispensable for making a rights claim. But a survey of the concept's appearance in legal discourse reveals that the concept is stretched to the breaking point. Personhood stands at the center of debates as diverse as the legal status of embryos and animals to the rights and responsibilities of corporations and nations. This Note argues that personhood is a cluster concept with distinct components: the biological concept of the human (...) being, the notion of a rational agent, and unity of consciousness. Use of these component concepts (in lieu of the concept of the person) in legal reasoning would promote greater systematicity and coherence. (shrink)

The notion of relevance plays a role in many accounts of knowledge and knowledge ascription. Although use of the notion is well-motivated, theorists struggle to codify relevance. A reasonable person standard of relevance addresses this codification problem, and provides an objective and flexible standard of relevance; however, treating relevance as reasonableness seems to allow practical factors to determine whether one has knowledge or not—so-called “pragmatic encroachment.” I argue that a fuller understanding of reasonableness and of the role of (...) practical factors in the acquisition of knowledge lets us avoid pragmatic encroachment. (shrink)

According to the view that there is moral encroachment in epistemology, whether a person has knowledge of p sometimes depends on moral considerations, including moral considerations that do not bear on the truth or likelihood of p. Defenders of moral encroachment face a central challenge: they must explain why the moral considerations they cite, unlike moral bribes for belief, are reasons of the right kind for belief (or withheld belief). This paper distinguishes between a moderate and a radical version (...) of moral encroachment. It shows that, while defenders of moderate moral encroachment are well-placed to meet the central challenge, defenders of radical moral encroachment are not. The problem for radical moral encroachment is that it cannot, without taking on unacceptable costs, forge the right sort of connection between the moral badness of a belief and that belief’s chance of being false. (shrink)

Evidence based medicine (EBM) is under critical debate, and person centered healthcare (PCH) has been proposed as an improvement. But is PCH offered as a supplement or as a replacement of EBM? Prima facie PCH only concerns the practice of medicine, while the contended features of EBM also include methods and medical model. I here argue that there are good philosophical reasons to see PCH as a radical alternative to the existing medical paradigm of EBM, since the two seem (...) committed to conflicting ontologies. This paper aims to make explicit some of the most fundamental assumptions that motivate EBM and PCH, respectively, in order to show that the choice between them ultimately comes down to ontological preference. While EBM has a solid foundation in positivism, or what I here call Humeanism, PCH is more consistent with causal dispositionalism. I conclude that if there is a paradigmatic revolution on the way in medicine, it is first of all one of ontology. (shrink)

The purpose of this paper is to briefl y examine one of the fundamental assumptions made in contemporary liberal political philosophy, namely that persons are free and equal. Within the contemporary liberal political thought it would be considered very uncontroversial and even trivial to claim something of the following form: “persons are free and equal” or “people think of themselves as free and equal”. The widespread nature of this assumption raises the question what justifies this assumption, are there good reasons (...) for holding it? After establishing some methodological remarks, including a distinction between having freedom-equality and being free-equal and restricting the domain of discussion to include only a subset of all moral questions, namely the questions of political morality, the paper deals with some conceptual issues concerning this assumption of persons as free and equal, such as how do free-and-equal-making properties relate to person-making properties. It then moves on to examine three broad ways the free-and-equal-mak-ing properties could be established. First, necessary property approaches, which take some necessary feature of persons to be what makes them free and equal (e.g. possessing an immortal soul). Second, contingent property approaches, which take some contingent feature of persons to be what makes them free and equal (e.g heir practise of reasoning). Third, agreement based approaches, which take some agreement or contract among persons to be the basis for their being free and equal (e.g. evolutionary emergence of our treatment of others). Strengths and weaknesses of all approaches will be examined. (shrink)

Public reason liberalism is defined by the idea that laws and policies should be justifiable to each person who is subject to them. But what does it mean for reasons to be public or, in other words, suitable for this process of justification? In response to this question, Kevin Vallier has recently developed the traditional distinction between consensus and convergence public reason into a classification distinguishing three main approaches: shareability, accessibility and intelligibility. The goal of this paper is to (...) defend the accessibility approach by demonstrating its ability to strike an appealing middle course in terms of inclusivity between shareability and intelligibility. We first argue against Vallier that accessibility can exclude religious reasons from public justification. Second, we use scientific reasons as a case study to show that accessibility excludes considerably fewer reasons than shareability. Throughout the paper, we connect our discussion of accessibility to John Rawls’s model of public reason, so as to give substance to the accessibility approach and to further our understanding of Rawls’s influential model. (shrink)