According to the principle that ‘ought’ implies ‘can’, it is never the case that you ought to do something you cannot do. While many accept this principle in some form, it also has its share of critics, and thus it seems desirable if an argument can be offered in its support. The aim of this paper is to examine a particular way in which the principle has been defended, namely, by appeal to considerations of fairness. In a nutshell, the idea (...) (due to David Copp) is that moral requirements we cannot comply with would be unfair, and there cannot be unfair moral requirements. I discuss several ways of spelling out the argument, and argue that all are unsatisfactory for a variety of reasons. (shrink)

Some people (e.g., Drs. Paul and Susan Lim) and, with them, organizations (e.g., the National Embryo Donation Center) believe that, morally speaking, the death of a frozen human embryo is a very bad thing. With such people and organizations in mind, the question to be addressed here is as follows: if one believes that the death of a frozen embryo is a very bad thing, ought, morally speaking, one prevent the death of at least one frozen embryo via embryo adoption? (...) By way of a three‐premise argument, one of which is a moral principle first introduced by Peter Singer, my answer to this question is: at least some of those who believe this ought to. (Just who the “some” are is identified in the paper.) If this is correct, then, for said people, preventing the death of a frozen embryo via embryo adoption is not a morally neutral matter; it is, instead, a morally laden one. Specifically, their intentional refusal to prevent the death of a frozen embryo via embryo adoption is, at a minimum, morally criticizable and, arguably, morally forbidden. Either way, it is, to one extent or another, a moral failing. (shrink)

The phenomenon of “dirty hands” is often held to be endemic to political life. Success in politics—it has been argued—requires a willingness to sacrifice our moral principles in order to pursue worthwhile goals. I argue that the tension between morality and politics goes deeper than this. The very existence of “politics” requires that morality is routinely violated because political community, within which political discourse is possible, is based on denying the moral claims of non-members. Political community requires borders and borders (...) require keeping outsiders out. Yet there is no justification that we can provide to someone outside of our political community as to why they are denied membership. The price of political community is therefore the unjust exclusion of others. In a world characterised by the movement of peoples as a result of large-scale and systematic international injustices, this exclusion often involves acts that violate important obligations of compassion and respect. Thus, “we” are the barbarians my title refers to. In order for political community to exist, we must act like barbarians at the gates. A problem of “dirty hands” therefore lies at the very foundation of political community. (shrink)

We consider the complex interactions between rape culture and epistemology. A central case study is the consideration of a deferential attitude about the epistemology of sexual assault testimony. According to the deferential attitude, individuals and institutions should decline to act on allegations of sexual assault unless and until they are proven in a formal setting, i.e., a criminal court. We attack this deference from several angles, including the pervasiveness of rape culture in the criminal justice system, the epistemology of testimony (...) and norms connecting knowledge and action, the harms of tacit idealizations away from important contextual factors, and a contextualist semantics for 'knows' ascriptions. (shrink)

According to the theory of intrinsic value and moral standing called the ‘substance view,’ what makes it prima facie seriously wrong to kill adult human beings, human infants, and even human fetuses is the possession of the essential property of the basic capacity for rational moral agency – a capacity for rational moral agency in root form and thereby not remotely exercisable. In this critique, I cover three distinct reductio charges directed at the substance view's conclusion that human fetuses have (...) the same intrinsic value and moral standing as adult human beings. After giving consideration to defenders of the substance view's replies to these charges, I then critique each of them, ultimately concluding that none is successful. Of course, in order to understand all of these things – the reductio charges, defenders of the substance view's replies to them, and my criticisms of their replies – one must have a better understanding of the substance view as well as its defense. Accordingly, I address the substance view's understanding of rational moral agency as well as present its defense. (shrink)

In an essay on performance-enhancing drugs, author Chuck Klosterman (2007) argues that the category of enhancers extends from hallucinogens used to inspire music to steroids used to strengthen athletes—and he criticizes those who would excuse one means of enhancement while railing against the other as a form of cheating: After the summer of 1964, the Beatles started taking serious drugs, and those drugs altered their musical performance. Though it may not have been their overt intent, the Beatles took performance-enhancing drugs. (...) And . . . absolutely no one holds it against them. No one views “Rubber Soul” and “Revolver” as “less authentic” albums, despite the fact that they would not (and probably could .. (shrink)

To many, the idea of autonomous weapons systems (AWS) killing human beings is grotesque. Yet critics have had difficulty explaining why it should make a significant moral difference if a human combatant is killed by an AWS as opposed to being killed by a human combatant. The purpose of this paper is to explore the roots of various deontological concerns with AWS and to consider whether these concerns are distinct from any concerns that also apply to long-distance, human-guided weaponry. We (...) suggest that at least one major driver of the intuitive moral aversion to lethal AWS is that their use disrespects their human targets by violating the martial contract between human combatants. On our understanding of this doctrine, service personnel cede a right not to be directly targeted with lethal violence to other human agents alone. Artificial agents, of which AWS are one example, cannot understand the value of human life. A human combatant cannot transfer his privileges of targeting enemy combatants to a robot. Therefore, the human duty-holder who deploys AWS breaches the martial contract between human combatants and disrespects the targeted combatants. We consider whether this novel deontological objection to AWS forms the foundation of several other popular yet imperfect deontological objections to AWS. (shrink)

In my articles ‘The Substance View: A Critique’ and ‘The Substance View: A Critique,’ I raise objections to the substance view, a theory of intrinsic value and moral standing defended by a number of contemporary moral philosophers, including Robert P. George, Patrick Lee, Christopher Tollefsen, and Francis Beckwith. In part one of my critique of the substance view, I raise reductio-style objections to the substance view's conclusion that the standard human fetus has the same intrinsic value and moral standing as (...) the standard adult human being, among other human beings. In part two, I raise objections to some of the premises invoked in support of that conclusion. Here, in part three, I raise objections to Henrik Friberg-Fernros's attempt to rebut some of the aforementioned objections. (shrink)

In my initial critique of the substance view, I raised reductio-style objections to the substance view's conclusion that the standard human fetus has the same intrinsic value and moral standing as the standard adult human being, among others. In this follow-up critique, I raise objections to some of the premises invoked in support of this conclusion. I begin by briefly presenting the substance view as well as its defense. (For a more thorough presentation, see the first part of my critique.) (...) I then raise objections to three claims involved in the substance view's defense: the claim that the standard human fetus's intrinsic value and moral standing is a function of its potentiality; the claim that the standard human fetus's intrinsic value and moral standing is a function of its essential properties; and the claim that it is the possession of the basic potential for rational moral agency that best accounts for the wrongness of killing the standard human fetus, among others. (shrink)

Why does American law allow the recreational use of some drugs, such as alcohol, tobacco, and caffeine, but not others, such as marijuana, cocaine, and heroin? The answer lies not simply in the harm the use of these drugs might cause, but in the perceived morality—or lack thereof—of their recreational use. Despite strong rhetoric from moral critics of recreational drug use, however, it is surprisingly difficult to discern the reasons they have for deeming the recreational use of (some) drugs morally (...) wrong. In this book, Rob Lovering lays out and dissects various arguments for the immorality of using marijuana, cocaine, heroin, and other drugs recreationally. He contends that, by and large, these arguments do not succeed. Lovering's book represents one of the first works to systematically present, analyze, and critique arguments for the moral wrongness of recreational drug use. Given this, as well as the popularity of the morality-based defense of the United States' drug laws, this book is an important and timely contribution to the debate on the recreational use of drugs. (shrink)

Many debates in the philosophy of religion, particularly arguments for and against the existence of God, depend on a claim or set of claims about what God—qua sovereign, omnipotent, omniscient, and perfectly good being— would do , either directly or indirectly, in particular cases or in general. Accordingly, before these debates can be resolved we must first settle the more fundamental issue of whether we can know, or at least have justified belief about, what God would do. In this paper, (...) I lay out the possible positions on the issue of whether we can know what God would do, positions I refer to as Broad Skeptical Theism, Broad Epistemic Theism, and Narrow Skeptical Theism. I then examine the implications of each of these views and argue that each presents serious problems for theism. (shrink)

God and Evidence presents a new set of compelling problems for theistic philosophers. The problems pertain to three types of theistic philosopher, which Lovering defines here as 'theistic inferentialists,' 'theistic non-inferentialists,' and 'theistic fideists.' Theistic inferentialists believe that God exists, that there is inferential probabilifying evidence of God's existence, and that this evidence is discoverable not simply in principle but in practice. Theistic non-inferentialists believe that God exists, that there is non-inferential probabilifying evidence of God's existence, and that this evidence (...) is discoverable not simply in principle but in practice. Theistic fideists believe that God exists, that there is no discoverable probabilifying evidence (inferential or non-inferential) of God's existence, and that it is nevertheless acceptable-morally if not otherwise-to have faith that God exists. Lovering argues that each type of theistic philosopher faces a problem unique to his type and that they all share two particular problems. Some of these problems take us down an entirely new discursive path; others down a new discursive path branching off from an old one. (shrink)

There are two central kinds of epistemological mistakes: believing things you shouldn’t, and failing to believe things that you should. The knowledge-first program offers a canonical explanation for the former: if you believe something without knowing it, you violate the norm to believe only that which you know. But the explanation does not extend in any plausible way to a story about what’s wrong with suspending judgment when one ought to believe. In this paper I explore prospects for a knowledge-centering (...) account of positive epistemic norms that describe epistemic duties to believe. (shrink)

I demonstrate that Deleuze's identification of Aion as an empty form offers a fascinating model of temporality that prioritises variation. First, I suggest that Deleuze's identification of time as an empty form is supported by ancient Greek and Gnostic concepts of the relation of Aion and Chronos. From Plato, through Aristotle, to Plotinus the concept of time undergoes substantive revision, in the sense that temporal measurement becomes removed from the measurement of existent entities. This gradual untethering of time from movement (...) gives rise to the development of the concept of eternity as an ontologically comprehensive mode of time that is devoid of content. It is here, with Deleuze's reading of the Platonic cosmology, that we see the first hints of the suggestion that Aion is involved with ontogenesis. Eternity is characterised as: a temporal ‘all’ that is non-reducible to the determinacy implied by any particular temporally localised existent or temporal series ; that which tends towards a diversity of possible states of affairs. Perhaps one of the most interesting aspects in the long history of Aion is that – in the ancient world – it was used in magical incantations. For the Gnostics and Oracles, Aion was a deity, and a potent one at that. From the Gnostic papyri, we get a vision of Aion as a force which enjoys eternal realisation. I suggest that the papyri conjure an image of Aion as a deity that is liberated from time, in the sense that it enjoys a neutrality with respect to the movements of any particular entity or group of entities – a form, in the most general sense of the term. Then, to clarify this mercurial aspect of an empty form of time, I elaborate on a complex analogy between Aion and Deleuze's concept of an ‘ideal game’ – an analogy that Deleuze specifies through reference to Fitzgerald and Borges. The claim is that Aion is an analogue of an ideal game in the sense that both share essential properties. Both Aion and the ideal game involve the multiplication of chance. Finally, I suggest that the differential aspects of Aion imply that it is pure variability; something which can be illustrated through a differential equation. These yield the suggestion that Aion enjoys realisation as an ontogenetic force. I further claim that ontogenetic forces may enjoy expression as the content of literature and mathematics. In concrete terms, temporality is involved in the creation of existent entities, which may be illustrated as various types of continuous multiplicity. (shrink)

Is prostitution immoral? In this book, Rob Lovering argues that it is not. Offering a careful and thorough critique of the many―twenty, to be exact―arguments for prostitution's immorality, Lovering leaves no claim unchallenged. Drawing on the relevant literature along with his own creative thinking, Lovering offers a clear and reasoned moral defense of the world's oldest profession. Lovering demonstrates convincingly, on both consequentialist and nonconsequentialist grounds, that there is nothing immoral about prostitution between consenting adults. The legal implications of this (...) view are also brought to bear on the current discourse surrounding this controversial topic. (shrink)

The book develops and synthesises two main ideas: contextualism about knowledge ascriptions and a knowledge-first approach to epistemology. The theme of the book is that these two ideas fit together much better than it's widely thought they do. Not only are they not competitors: they each have something important to offer the other.

W. K. Clifford famously argued that it is “wrong always, everywhere and for anyone, to believe anything upon insufficient evidence.” Though the spirit of this claim resonates with me, the letter does not. To wit, I am inclined to think that it is not morally wrong for, say, an elderly woman on her death bed to believe privately that she is going to heaven even if she does so on insufficient evidence—indeed, and lest there be any confusion, even if the (...) woman herself deems the evidence for her so believing to be insufficient. After all, her believing so does not appear to endanger, harm, or violate the rights of anyone, nor does it make the world a worse place in a significant, if any, way. That Clifford might have put too fine a point on the matter, however, does not entail that there are no conditions under which it is wrong to believe something upon insufficient evidence. In this paper, I argue that, in cases where believing a proposition (read: believing a proposition to be true) will affect others, it is prima facie wrong to have propositional faith—for present purposes, to believe the proposition despite deeming the evidence for one’s believing to be insufficient—before one has attempted to believe the proposition by proportioning one’s belief to the evidence. (shrink)

In this paper, I present a case study on a recent attempt at implementing what I refer to as the “Pro-lifer’s Asymmetrical Punishment View” (PAPV), the view that people should be legally punished for performing abortions whereas women should not be so punished for procuring abortions. While doing so, I argue that the endeavor, which took place in the state of Alabama, is incoherent relative to the conjunction of its purported underlying moral rationale and the Alabama criminal code. I then (...) present what I take to be possible explanations for, practical implications of, and solutions to the attempt and its incoherence. Given that other endeavors to implement PAPV are currently in the works and are so with similar underlying moral rationales and within similar criminal codes, what I present and argue here is not limited to Alabama’s attempt at doing so. (shrink)

When it comes to explaining someone’s puzzling, objectionable, or otherwise problematic behavior, one type of explanation occasionally employed in the service of doing so is as follows: “That’s just so-and-so being so-and-so.” But what, exactly, do explanations of the type “That’s just so-and-so being so-and-so” mean? More specifically, in what way, if any, is it meaningful or informative to say such things? And what is the precise function of such explanations of someone’s behavior? Is it merely to present what one (...) takes to be the underlying causes of the behavior, or something beyond that? In what follows, I lay out a few possibilities—basic possibilities, to be precise, given philosophy’s keen interest in fundamentals—with respect to the various meanings, functions, and moral implications of explanations of the type “That’s just so-and-so being so-and-so.” While doing so, I apply these basic possibilities to three tokens of this kind of explanation: “That’s just Manny being Manny” (in reference to Manny Ramirez, the former professional baseball player), “That’s just Charlie being Charlie” (in reference to Charlie Rose, the former television host), and “That’s just Trump being Trump” (in reference to Donald Trump, the current President of the United States). (shrink)

The topic of divine omniscience is well-trodden ground, with philosophers and theologians having asked virtually every question there is to ask about it. The questions regarding God's omniscience to be addressed here are as follows. First, is omniscience best understood as maximal propositional knowledge along with maximal experiential knowledge? I argue that it is. Second, is it possible for God to be essentially omniscient? I argue that it is not.

That theistic evidentialist philosophers have failed to make the evidential case for theism to atheistic evidentialist philosophers raises a problem—a question to be answered. I argue here that—of the most plausible possible solutions to this problem—each is either inadequate or, when adequate, in conflict with the theistic evidentialist philosophers’ defining beliefs. I conclude that the problem of the theistic evidentialist philosophers—the question of why theistic evidentialist philosophers have failed to make their case to atheistic evidentialist philosophers—is a problem for theistic (...) evidentialist philosophers—an objection to their defining beliefs. (shrink)

Is prostitution immoral? Various philosophers have put forward arguments for thinking so, one of the most notable being that, by engaging in sexual activity with someone for payment, the prostitute instrumentalizes himself or herself. In this paper, I identify two meanings of "instrumentalize" and, with them, two versions of the instrumentalization argument for the immorality of prostitution. I then critique each version of the argument.

According to the theory of intrinsic value and moral standing known as the “substance view,” all human beings have intrinsic value, full moral standing and, with these, a right to life. The substance view has been defended by numerous contemporary philosophers who use the theory to argue that the standard human fetus has a right to life and, ultimately, that abortion is prima facie seriously wrong. In this paper, I identify three important errors committed by some of these philosophers in (...) their defense of the theory---what I refer to as the “extratheoretical-proposition error,” “quantitative-differences error,” and “non-normative-answer error”---and conclude that these errors render their defense inadequate. (shrink)

Many theists who identify themselves with the Abrahamic religions maintain that it is perfectly acceptable to have faith that God exists. In this paper, I argue that, when believing that God exists will affect others, it is prima facie wrong to forgo attempting to believe that God exists on the basis of sufficient evidence. Lest there be any confusion : I do not argue that it is always wrong to have faith that God exists, only that, under certain conditions, it (...) can be. (shrink)

There is a wide array of arguments for the immorality of recreational drug use, ranging from the philosophically rudimentary to the philosophically sophisticated. But the vast majority of these arguments are unsuccessful, and those that succeed are quite limited in scope. In this article, I present and evaluate a few examples of such arguments.

Elizabeth Harman has recently proposed a new theory of moral status, the Ever Conscious View. It is the view that "a being has moral status at a time just in case it is alive at that time and there is a time in its life at which it is conscious" (Harman, 2007, 220). In other words, all and only beings that (1) are alive and (2) either were, are, or will be conscious have moral status. In the following, I examine (...) Harman's defense of her Ever Conscious View, raise a number of objections to it, and conclude that the Ever Conscious View is, as it stands, implausible. (shrink)

Many people are strongly opposed to the intentional destruction of human embryos, whether it be for purposes scientific, reproductive, or other. And it is not uncommon for such people to argue against the destruction of human embryos by invoking the claim that the destruction of human embryos is morally on par with killing the following humans: (A) the standard infant, (B) the suicidal teenager, (C) the temporarily comatose individual, and (D) the standard adult. I argue here that this claim is (...) false and do so as follows. First, I provide an account of the prima facie wrongness of killing individuals (A) – (D). Briefly, I contend that individuals (A) – (D) have a certain property in common, that of having a future of value. An individual who has a future of value has the potential to (i) value goods of consciousness when he will (or would) experience them and (ii) do so as a psychologically continuous individual. And depriving an individual of a future of value is prima facie wrong. Killing an individual deprives him of a future of value. Thus, killing an individual who has a future of value is prima facie wrong. Since individuals (A) – (D) have futures of value, killing them is prima facie wrong. Second, I argue that, given this account of the prima facie wrongness of killing individuals (A) – (D), the destruction of individual (E), the standard embryo, is not morally on par with killing individuals (A) – (D). For, unlike individuals (A) – (D), the standard embryo does not have a future of value. Specifically, I argue that having a future of value involves having the second-order potential for psychological continuity, a potential that individuals (A) – (D) have but that individual (E) does not. For possessing the second-order potential for psychological continuity requires the possession of psychological states, something individuals (A) – (D) have but that individual (E) lacks. Hence, individual (E) does not share with individuals (A) – (D) the property of having a future of value and, in turn, is not deprived of one when it is killed. Thus, given my proposed account of the prima facie wrongness of killing individuals (A) – (D), killing individual (E) is not morally on par with killing individuals (A) – (D). (shrink)

In July 2020, more than 1000 companies that advertise on social media platforms withdrew their business, citing failures of the platforms (especially Facebook) to address the proliferation of harmful content. The #StopHateForProfit movement invites reflection on an understudied topic: the ethics of boycotting by corporations. Under what conditions is corporate boycotting permissible, required, supererogatory, or forbidden? Although value-driven consumerism has generated significant recent discussion in applied ethics, that discussion has focused almost exclusively on the consumption choices of individuals. As this (...) article underscores, value-driven consumerism by business corporations complicates these issues and invites further examination. We propose principles for the ethics of boycotting by corporations, indicate how these principles relate to different CSR paradigms, and show how these insights can help assess recent instances of corporate boycotting. (shrink)

Stephen Maitzen has recently argued that ordinary morality implies atheism. In the following, I argue that the soundness of Maitzen's argument depends on a principle that is implausible, what I call the recipient's Benefit Principle: All else being equal, if an act a produces a net benefit for the individual on the receiving end of a, then one cannot have a moral obligation to prevent a. Specifically, the recipient's Benefit Principle must be true if premise of Maitzen's argument is to (...) be true. But, RBP is likely false, as it generates counterintuitive implications as well as conflicts with another principle both plausible and seemingly adopted by most of us, what I call the Preventing Immorality Principle: All else being equal, if an act A is seriously immoral, then one has a moral obligation to prevent A. (shrink)

How radical is the idea that reasons are factive? Some philosophers consider it a dramatic departure from orthodoxy, with surprising implications about the bearing of the external world on what credences it’s reasonable to have, what beliefs are epistemically appropriate, and what actions are rational. I deny these implications. In the cases where external matters imply differences in factive states, there will inevitably be important weaker factive states in common. For example, someone who knows it is raining has many factive (...) states in common with someone who has a Gettiered belief that it is raining, or one who falsely but justifiably believes that it is raining. The factive reasons denied to subjects in Gettier cases or skeptical scenarios are in an important sense redundant; appropriate belief or action supervenes on internal states, even if reasons must be factive (and even if appropriate belief and action supervenes on reasons). The degree to which the strategy is applicable depends substantively on epistemic assumptions about basic or foundational knowledge. I argue that even given a significantly externalist approach to the latter internalist intuitions about rational credence, belief, and action can be vindicated. (shrink)

Under a policy first enacted in 1988 and expanded in 1996, federally funded public housing authorities (“PHAs”) and private landlords renting their properties to tenants receiving federal housing assistance have been required to include a provision in all leases under which drug-related criminal activity as well as criminal activity that in any way poses a threat to other tenants or nearby residents constitutes ground for initiating eviction proceedings. This strict liability eviction policy, which has become known as the “One-Strike Rule,” (...) was part of a broader congressional effort to combat the “reign of terror” that Congress believed drug dealers were imposing on public housing and assisted housing tenants. Like many of the crime-related policies enacted in the 1980s and 1990s, the One-Strike Rule has done little to reduce crime rates, but has been wildly successful in ensuring that the situation of poor households receiving federal assistance remains highly precarious. Calls for reform of the One-Strike Rule are almost as old as the policy itself, but given the political outlook of the current administration, the prospects for reform at the federal level are dim. While federal law and a combination of gridlock and unwillingness in the congressional and executive branches foreclose a range of possible strategies for reform, there is nonetheless room to mitigate the socially corrosive effects of the One-Strike Rule through legislative efforts at the state and local level. Courts in various jurisdictions have upheld state laws that protect vulnerable tenants despite the federal strict liability policy, and these holdings help to provide a framework for how state and local governments seeking to protect tenants can do so without their efforts necessarily falling prey to the Supremacy Clause. This article describes that framework and proposes three concrete measures that fit it. The article is structured as follows: after explaining the One-Strike Rule and the threat it poses to vulnerable tenants (Section II), the article discusses the burden the Rule imposes on tenants and the benefits it is supposed to bring to other parties, and argues that the resulting distribution of burdens and benefits is unjust (Section III). The article then lays out three concrete measures that state and local governments can enact to protect tenants who face eviction for criminal activity under the Rule without falling prey to a federal preemption challenge: requiring “good cause” for eviction, giving tenants the right to cure a breach of their lease, and providing tenants with free counsel in landlord-tenant court (Section IV). (shrink)

There is a New Idea in epistemology. It goes by the name of ‘knowledge first,’ and it is particularly associated with Timothy Williamson’s book Knowledge and Its Limits. In slogan form, to put knowledge first is to treat knowledge as basic or fundamental, and to explain other states—belief, justification, maybe even content itself—in terms of knowledge, instead of vice versa. The idea has proven enormously interesting, and equally controversial. But deep foundational questions about its actual content remain relatively unexplored. We (...) think that a wide variety of views travel under the banner of ‘knowledge first’ (and that the slogan doesn’t help much with differentiating them). Furthermore, we think it is far from straightforward to draw connections between certain of these views; they are more independent than they are often assumed to be. Our project here is exploratory and clarificatory. We mean to tease apart various ‘knowledge first’ claims, and explore what connections they do or do not have with one another. Our taxonomy is offered in §2, and connections are explored in §3. The result, we hope, will be a clearer understanding of just what the knowledge first theses are. We conclude, in §4, with some brief suggestions as to how we think the various theses might be evaluated. (shrink)

As robots slip into more domains of human life-from the operating room to the bedroom-they take on our morally important tasks and decisions, as well as create new risks from psychological to physical. This book answers the urgent call to study their ethical, legal, and policy impacts.

The characterization of objective, normative reasons to φ as facts (or truths) that count in favor of φ-ing is widely accepted. But are there any further conditions that considerations which count in favor of φ-ing must meet, in order to count as a reason to φ? In this brief paper, I consider and reject one such condition, recently proposed by Caspar Hare.

Aesthics: Art and moral attuning. Art can help us understand everyday moral deliberation. Better perhaps than ethics. People don’t just act randomly in moral situations nor do they argue internally about which ethical principle to follow before deciding what to do. We built our moral sensitivity whilst living our lives, adhering to aesthetic norms of interaction. Regular engagement with works of art educates our moral sensitivity.

This article addresses the fiduciary issues raised by the current practice of plan fiduciaries of not only disclaiming any fiduciary responsibility for brokerage window investments, but also abdicating any role (fiduciary or otherwise) in assessing even the general suitability of those investments for a retirement plan, and concludes that the practice is in plain and notorious violation of what ERISA requires of fiduciaries.

Amsterdam University Press is a leading publisher of academic books, journals and textbooks in the Humanities and Social Sciences. Our aim is to make current research available to scholars, students, innovators, and the general public. AUP stands for scholarly excellence, global presence, and engagement with the international academic community.

An infuential twenty-first century philosophical project posits a central role for knowledge: knowledge is more fundamental than epistemic states like belief and justification. So-called “knowledge first” theorists find support for this thought in identifying central theoretical roles for knowledge. I argue that a similar methodology supports a privileged role for more specific category of basic knowledge. Some of the roles that knowledge first theorists have posited for knowledge generally are better suited for basic knowledge.

Iconic photographs are visual arguments depicting an, often dramatic, particular situation showing victims of disasters. Spectators watching the photo of the particular situation, empathise with it, and project the feelings evoked onto the events that form the context for the scene in the picture. This mobilises them into political action. In the process, however, the depicted personal misery is perused to exemplify the larger events. The tragedy of iconic photographs is analysed not as the misery experienced by the depicted persons, (...) but as the breach of their right to shame which is required for the photo to acquire iconicity. Examples are addressed, as well as the contrast classes of the self-portrait and Byzantine icons. (shrink)

This chapter will consider three themes relating to the significance of intuitions in contemporary philosophy. In §1, I’ll review and explore the relationship between philosophical use of words like ‘intuitively’ and any kinds of mental states that might be called ‘intuitions’. In §2, I’ll consider the widely-discussed analogy between intuitive experience and perceptual experience, drawing out some interesting similarities and differences. Finally, in §3, I’ll introduce the recent movement of ‘experimental philosophy’, and consider to what extent its projects are tied (...) up with questions about the role of intuitions in philosophy. My primary aim will be to survey and explain; I will make no effort, however, to hide the fact that I’m a philosopher and a partisan to some of these debates. So there will be some arguments for controversial points of view, too—hopefully these will be easily perceptible, and my opponents fairly represented. Limitations of space demand a rather superficial treatment of most of our topics; endnotes will direct the reader to more comprehensive discussions. (shrink)

Introduces contextualism about knowledge ascriptions, and provides a brief summary of the contributions to the Routledge Handbook of Epistemic Contextualism.

Cellular, or mobile phones are great: they allow people to communicate over long distances whenever and wherever they are, and instantaneously at that when the one called is wearing one too. Having said that, though, it must immediately be added that they, also, have a complex disadvantage, and it is one we are hard pushed to understand. In fact, due to its complexity people simply tend to neglect it, even though everyone in his right mind has had experience with it. (...) Now Walter Benjamin defined aura as “a distance however close it may be”.1) This has standardly been interpreted as a characterisation of an experience of presence, also by Benjamin. This aura supposedly suffered from the rise of photography. Aura can, also, be understood as inertia, the absence of something present. And whether aura is gone or widespread I gladly leave to more speculative-minded thinkers. I submit that we experience a person’s “aura”—her distance however close she may be—when perception tells us the person is present yet our mind realises that she isn’t. I am referring here to the observation had of another person engaged in a cell phone conversation. The inertia of the cell phone caller consists in her incapacity to address those who observe her. I think there is an immoral streak to her selfappointed moral autonomy. In a previous edition of this Dutch-Russian exchange on inertia I argued that our trafficking with facial expressions forms the model with which we’d best understand the workings of art—facial expression is the anthropological foundation of art. My discussion, today, of the cell phone conversation is meant to add to that previous suggestion. (shrink)

In this article I propose to understand inertia in art as a “disposition to meaning”. I compare inertia in art with that of a face of a person recently deceased. To acquaintances, i.e. to family and friends, it holds a promise of memories (of the deceased); to all the others the corpse offers the possibility of a projection of meanings. Art is made of plain, or extra-ordinary stuff, which is turned into artistic material. The artist is to bring the inert (...) potency of stuff to artistic life, and to turn it into something that is expressive. If she is successful, then the work will offer its audience a concentrated, absorbing experience. Art is autonomous in that the aimed for experience is morally neutral. In the view of many contemporary artists, such experiences fail art’s deeper significance: absorbing experiences are, simply, too easy. If artists want to really move the audience (to emotion), or so they feel, they should also move the audience into action. Wanting to achieve this is not just difficult; it is a paradox. (shrink)

One of the more visible recent developments in philosophical methodology is the experimental philosophy movement. On its surface, the experimentalist challenge looks like a dramatic threat to the apriority of philosophy; ‘experimentalist’ is nearly antonymic with ‘aprioristic’. This appearance, I suggest, is misleading; the experimentalist critique is entirely unrelated to questions about the apriority of philosophical investigation. There are many reasons to resist the skeptical conclusions of negative experimental philosophers; but even if they are granted—even if the experimentalists are right (...) to claim that we must do much more careful laboratory work in order legitimately to be confident in our philosophical judgments— the apriority of philosophy is unimpugned. The kinds of scientific investigation that experimental philosophers argue to be necessary involve merely enabling sensory experiences. Although they are not enabling in the sense of permitting concept acquisition, they are enabling in another epistemically significant way that is also consistent with the apriority of philosophy. (shrink)

Feminist analyses of gender concepts must avoid the inclusion problem, the fault of marginalizing or excluding some prima facie women. Sally Haslanger’s ‘ameliorative’ analysis of gender concepts seeks to do so by defining woman by reference to subordination. I argue that Haslanger’s analysis problematically marginalizes trans women, thereby failing to avoid the inclusion problem. I propose an improved ameliorative analysis that ensures the inclusion of trans women. This analysis yields ‘twin’ target concepts of woman, one concerning gender as class and (...) the other concerning gender as identity, both of which I hold to be equally necessary for feminist aims. (shrink)

In its recent opinion in Intel v. Sulyma, the U.S. Supreme Court clarified what qualifies as the “actual knowledge” required to trigger ERISA’s three-year statutory period. The Court’s opinion, however, left open whether establishing “actual knowledge” by a plaintiff in one case serves to time-bar otherwise timely suits that challenge subsequent breaches of the same character. This article argues that, under the continuing fiduciary duty analysis that the Court set forth in Tibble v. Edison, such suits should not be deemed (...) untimely. (shrink)

In recent years, some defenders of traditional philosophical methodology have argued that certain critiques of armchair methods are mistaken in assuming that intuitions play central evidential roles in traditional philosophical methods. According to this kind of response, experimental philosophers attack a straw man; it doesn’t matter whether intuitions are reliable, because philosophers don’t use intuitions in the way assumed. Deutsch (2010), Williamson (2007), and Cappelen (2012) all defend traditional methods in something like this way. I also endorsed something like this (...) line in Ichikawa (2014a). -/- In this contribution, I will follow up on this sort of defence of traditional philosophical methods in three ways. In §1, I will rehearse and extend some of my reasons for challenging the idea that traditional methods depend on intuitions in an evidential role. (My reasons are very different from those discussed in (Cappelen, 2012).) I will also engage with some recent more sophisticated attempts to establish the idea that intuitions play evidential roles in philosophy, such as that of Chudnoff (2013). In §2, I will consider and argue against a dismissive response to such positions from experimental philosophers, who consider the question of philosophical reliance on intuitions to be irrelevant to the experimentalist critique. But in §3, I will argue that it would also be a mistake to conclude (as Herman Cappelen does) that the critique is rendered totally irrelevant by the denial of the evidential role of intuitions; I defend a more moderate view on which the bearing of experimental studies of philosophical intuitions is relevant for philosophical methodology, but only in a relatively limited way. (shrink)