Philosophers have come to distinguish between ‘right’ and ‘wrong’ kinds of reasons for belief, intention, and other attitudes. Several theories about the nature of this distinction have been offered, by far the most prevalent of which is the idea that it is, at bottom, the distinction between what are known as ‘object-given’ and ‘state-given’ reasons. This paper argues that the object-given/state-given theory vastly overgeneralizes on a small set of data points, and in (...) particular that any adequate account of the distinction between the ‘right’ and ‘wrong’ kinds of reason must allow state-given reasons to be of the right kind. The paper has three main goals, corresponding to its three main parts. In part 1 I set up the problem by introducing the right-kind/wrong-kind distinction, the object-given/state-given distinction, and the object-given/state-given theory, according to which the former distinction simply amounts to the latter. Part 2 presents the main argument of the paper: I argue against the object-given/state-given theory by showing that all of the earmarks of the ‘right’ and ‘wrong’ kinds of reason apply to reasons not to intend and not to believe, but that these cases can’t be captured by the object-given/state-given theory. Finally, in part 3 I use these arguments to motivate and explore a more general hypothesis about the rightkind/wrong-kind distinction, and explore some of the consequences of rejecting the object-given/stategiven theory. (shrink)

I argue that the problem of responsibility for attitudes is best understood as a puzzle about how we are responsible for responding to our object-given reasons for attitudes – i.e., how we are responsible for being (ir)rational. The problem can be solved, I propose, by understanding the normative force of reasons for attitudes in terms of blameworthiness. I present a puzzle about the existence of epistemic and mental blame which poses a challenge for the very idea of (...) reasons for attitudes. We are left with three options: denying that there are any reasons for attitudes, opting for pragmatism about reasons for attitudes, or arguing that the challenge rests on a misunderstanding of the normative force of reasons for attitudes. I finally suggest a version of the last strategy. We can understand the normative force of reasons for attitudes, and thereby solve the problem of mental responsibility, by acknowledging that the way we blame each other for failing to respond correctly to our reasons for attitudes is different from the way we blame each other when one failed to respond correctly to reasons for action. (shrink)

Higher-order defeat occurs when one loses justification for one's beliefs as a result of receiving evidence that those beliefs resulted from a cognitive malfunction. Several philosophers have identified features of higher-order defeat that distinguish it from familiar types of defeat. If higher-order defeat has these features, they are data an account of rational belief must capture. In this article, I identify a new distinguishing feature of higher-order defeat, and I argue that on its own, and in conjunction with the other (...) distinguishing features, it favors an account of higher-order defeat grounded in non-evidential, ‘state-given reasons’ for belief. (shrink)

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)

Wilfrid Sellars’ denunciation of the Myth of the Given was meant to clarify, against empiricism, that perceptual episodes alone are insufficient to ground and justify perceptual knowledge. Sellars showed that in order to accomplish such epistemic tasks, more resources and capacities, such as those involved in using concepts, are needed. Perceptual knowledge belongs to the space of reasons and not to an independent realm of experience. Dan Hutto and Eric Myin have recently presented the Hard Problem of Content (...) as an ensemble of reasons against naturalistic accounts of content. In a nutshell, it states that covariance relations—even though they are naturalistically acceptable explanatory resources—do not constitute content. The authors exploit this move in order to promote their preferred radical enactivist and anti-representationalist option, according to which, basic minds—the lower stratum of cognition—do not involve content. Although it is controversial to argue that the Hard Problem of Content effectively dismisses naturalistic theories of representation, a central aspect of it—the idea that information as covariance does not suffice to explain content—finds support among the defenders of classical cognitive representationalism, such as Marcin Miłkowski. This support—together with the acknowledgment this remark about covariance is a point already made by Sellars in his criticism of the Myth of the Given—has a number of interesting implications. Not only is it of interest for the debates about representationalism in cognitive science, where it can be understood as an anticipatory move, but it also offers some clues and insights for reconsidering some issues along Sellarsian lines—a conflation between two concepts of representation that is often assumed in cognitive science, a distinction between two types of relevant normativities, and a reconsideration of the naturalism involved in such explanations. (shrink)

Starting with 1985, we discovered the possible existence of electrons with net helicity in biomolecules as amino acids and their possibility to discern between the two quantum spin states. It is well known that the question of a possible fundamental role of quantum mechanics in biological matter constitutes still a long debate. In the last ten years we have given a rather complete quantum mechanical elaboration entirely based on Clifford algebra whose basic entities are isomorphic to the well known (...) spin Pauli matrices. A number of our recent results indicate the possible logical origin of quantum mechanics and the direct admission of quantum mechanics in the field of cognitive sciences. In February 2011 the authors Gölder et al., published their important discovery on Science about Spin Selectivity in Electron Transmission Through Self-Assembled Monolayers of Double-Stranded DNA confirming in such manner that the principles of quantum mechanics apply to biological systems. (shrink)

The present PhD thesis is concerned with the question whether good reasoning requires that the subject has some cognitive grip on the relation between premises and conclusion. One consideration in favor of such a requirement goes as follows: In order for my belief-formation to be an instance of reasoning, and not merely a causally related sequence of beliefs, the process must be guided by my endorsement of a rule of reasoning. Therefore I must have justified beliefs about the relation between (...) my premises and my conclusion. -/- The rationality of a belief often depends on whether it is rightly connected to other beliefs, or more generally to other mental states —the states capable of providing a reason to holding the belief in question. For instance, some rational beliefs are connected to other beliefs by being inferred from them. It is often accepted that the connection implies that the subject in some sense ‘takes the mental states in question to be reason-providing’. But views on how exactly this is to be understood differ widely. They range from interpretations according to which ‘taking a mental state to be reason-providing’ imposes a mere causal sustaining relation between belief and reason-providing state to interpretations according to which one ‘takes a mental state to be reason-providing’ only if one believes that the state is reason-providing. The most common worry about the latter view is that it faces a vicious regress. In this thesis a different but in some respects similar interpretation of ‘taking something as reason-providing’ is given. It is argued to consist of a disposition to react in certain ways to information that challenges the reason-providing capacity of the allegedly reason-providing state. For instance, that one has inferred A from B partly consists in being disposed to suspend judgment about A if one obtains a reason to believe that B does not render A probable. The account is defended against regress-objections and the suspicion of explanatory circularity. (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

Human emotional expressions can communicate the emotional state of the expresser, but they can also communicate appeals to perceivers. For example, sadness expressions such as crying request perceivers to aid and support, and anger expressions such as shouting urge perceivers to back off. Some contemporary artificial intelligence (AI) systems can mimic human emotional expressions in a (more or less) realistic way, and they are progressively being integrated into our daily lives. How should we respond to them? Do we have (...) reasons to reply to the appeals made by AI emotional expressions? In this paper, we examine the conditions under which AI emotional expressions could give us prudential or even moral reasons to change our behavior. We argue that these conditions do not depend on whether the emotional expression is genuine or not, but rather on the presence of features some of which can be implemented in emotive AI given our current level of technological development. We extract recommendations and warnings for the development of emotive AI. (shrink)

Epicureans believe that death cannot harm the one who dies because they hold the existence condition, which states that a subject is able to be harmed only while they exist. I show that on one reading of this condition death can, in fact, make the deceased worse off because it is satisfied by the deprivation account of death’s badness. I argue that the most plausible Epicurean view holds the antimodal existence condition, according to which no merely possible state of (...) affairs can be good or bad relative to the subject who dies. I go on to show how this condition, as well as any other condition that denies the deprivation account, results in skepticism about practical reason. Thus, the Epicurean faces a dilemma. Either our practical reasoning is hopelessly mistaken or death can make us worse off. Given that our practical reasoning seems at least mildly reliable, we should conclude that death can make us worse off. (shrink)

The thesis contains my early work arguing against evidentialism for reasons for belief (chapter 1), my early argument that rationality is not normative (chapter 2), an argument that rationality is not responding reasons, at least understood in one way (chapter 2), a general discussion of how normative conflicts might (appear to) arise in many different ways (chapter 3), a discussion of how to weigh pragmatic and evidential reasons for belief (chapter 4), and a discussion of the general (...) structure of normativity and its ramifications for understanding putative normative conflicts (chapter 4). At a more general level, the thesis aims to explore how putative normative conflicts might arise and whether they are genuine conflicts or only apparent. It also offers a defence of the view that there are genuine state-given reasons for propositional attitudes, including pragmatic reasons for belief. (shrink)

Leibniz, and many following him, saw the Principle of Sufficient Reason (PSR) as pivotal to a scientific (demonstrated) metaphysics. Against this backdrop, Kant is expected to pay close attention to PSR in his reflections on the possibility of metaphysics, which is his chief concern in the Critique of Pure Reason. It is far from clear, however, what has become of PSR in the Critique. On one reading, Kant has simply turned it into the causal principle of the Second Analogy. On (...) a different reading, PSR is but the supreme principle of reason, which roughly states that, if the conditioned is given, so is the unconditioned. On my reading, PSR appears in the guises of both the causal principle and the supreme principle. This twofold specification, I argue, is key to understanding (i) Kant’s allegations that past metaphysicians failed to prove PSR, (ii) his own Critical account of the possibility of metaphysics in both of its parts (ontology and metaphysics proper), and (iii) his nuanced answer to the contentious question about the relation between physical inquiry and metaphysical reasoning about nature (both being quests for reasons). (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)

This paper contributes to the recent explosion of literature on the epistemological role of emotions and other affective states by defending two claims. First, affective states might do more than position us to receive evidence or function as evidence. Affective states might be thought to appraise evidence, in the sense that affective states influence what doxastic state is rational for someone given a body of evidence. The second claim is that affective evidentialism, the view that affective states function (...) rationally in this way, is not just possible but plausible and fruitful. We offer two arguments in favor of affective evidentialism. (shrink)

This dissertation is about the relationship between Epistemology and other domains. In it I want to show that in an important sense, Epistemology is an autonomous domain. That is, epistemic vocabulary (e.g., “knowledge”, “justification”, “rationality”, “epistemic reason”, etc.) cannot be analyzed without remainder into non-epistemic vocabulary. Epistemic phenomena must be explained in terms of epistemic reasons and the form of assessment proprietary to them. Although epistemic vocabulary cannot be reduced to the vocabulary of other domains, Epistemology is nonetheless connected (...) with other domains in an important way. In this dissertation I focus on the connection between Epistemology and the Philosophy of Mind. I distinguish different forms cognitive self-monitoring can take and corresponding forms of cognitive autonomy. The kind of self-monitoring that receives the most attention involves simulating interpersonal argumentation. I argue that the capacity to self-monitor in this way grounds familiar epistemic standards (e.g., knowledge and justification) and explains how reasons get their grip on us. On the picture that emerges, Epistemology and Philosophy of Mind need to be done in tandem. Epistemology gives us the normative framework that is modeled by the self-monitoring system. The self-monitoring system, conversely, explains the kind of activity we engage in that makes that normative framework applicable to us. Epistemic reasons themselves are just episodes of this kind of activity. In Chapter 1 I argue that epistemic luck cannot be analyzed in non-epistemic terms. Here I generalize Jennifer Lackey’s criticism of Duncan Pritchard’s safety-based account of epistemic luck to all reductive theories. I argue that they will either be extensionally inadequate, or they will illicitly presuppose the vocabulary they are trying to reduce. The upshot is that epistemic luck can only be understood in terms of the epistemic assessment of reasons. By extension, we can’t give a reductive analysis of knowledge. This is not to say we cannot analyze knowledge, just that we can’t analyze away the epistemic vocabulary without remainder. In chapter 2 I explain the relation between epistemic luck, epistemic justification, and knowledge. I argue that previous work in the defeasible reasoning tradition, despite being on the right track, fell short of realizing its full potential. This is because the account of how these three things relate given by its proponents was insufficiently unified, which encouraged many epistemologists to abandon the defeasible reasoning tradition entirely. I argue that a unified and principled account of their relation is possible, and it allows for an elegant analysis of knowledge. In slogan form: good reasons are apparent to the knowing subject. In chapter 3 I extend the defeasible reasoning tradition to explain how knowledge is gradable. I show that this enables us to bring the debates about fake barns and knowledge from falsehoods to ecumenical resolutions, while also shedding light on a new kind of case. Furthermore, I explain how background assumptions are themselves defeasible and some of the epistemic significance of this fact. In chapter 4 I make the connection between Epistemology and Philosophy of Mind. I argue that the self-monitoring system of cognitively mature humans uses a model of the normative framework described in the previous chapters to regulate its own cognition. Here I build on that claim to develop an account of the role played by knowledge and justification in doxastic social coordination. I build on the claim that background assumptions are themselves defeasible to develop an account of the foundations of knowledge according to which they are social but not brutely sociological. In chapter 5 I discuss the relation between the epistemic states of cognitively mature humans, children, and non-human animals. I do this in a way meant to integrate an insight from virtue epistemology into the reasons-first picture developed here: positive epistemic standing is a state attributable to the subject. In chapter 6 I discuss the metaphysics of epistemic reasons. I claim that they are episodes of the activity of reasoning. In the preceding chapters, we get a sense of what that activity involves. Here I argue that the materials developed there put us in a position to understand what epistemic reasons are. This account incorporates the insights of rival positions while sidestepping familiar objections to them. The resulting picture is in line with the non-reductive approach to the epistemic developed so far. In fact, it goes further than other “reasons-first” approaches to Epistemology by claiming that reasons are not only basic within Epistemology, but they are also basic full-stop. One key consideration for my argument here is that reasons are, by their very nature, competitors. Although this point is generally acknowledged in the literature on reasons, its consequences for the metaphysics of reasons hasn’t been. Participants in the debate about the metaphysics of reasons typically try to identify reasons with something (e.g., facts or mental states) that are either not competitors, or only competitors insofar as they constitute, or bear on the epistemic assessment of, episodes of reasoning. (shrink)

In Religion within the Bounds of Bare Reason Kant speaks of an ethical state of nature and of an ethico-civil condition, with explicit reference to the juridical state of nature and the juridico-civil condition he discusses at length in his legal-political writings. Given that the Religion is the only work where Kant introduces a parallel between these concepts, one might think that this is only a loose analogy, serving a merely illustrative function. The paper provides a first (...) outline of the similarities and the differences between the state of nature and the civil condition in Right and in ethics. The comparison points to a deeper, structural relation between the two pairs of concepts. By doing so, it makes room for developing a unitary conception of the state of nature and of the civil condition, which would underlie both the ethical and the juridical version. (shrink)

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

Defenders of pragmatic encroachment in epistemology hold that practical factors have implications for a belief’s epistemic status. Paradigm defenders of pragmatic encroachment have held—to state their positions roughly— that whether someone’s belief that p constitutes knowledge depends on the practical reasons that she has (Stanley 2005), that knowing p is necessary and sufficient for treating p as a reason for action (Hawthorne and Stanley 2008), or that knowing p is sufficient for reasonably acting as if p (Fantl and (...) McGrath 2009: 66). Although their defenders may not always pose their theses in the language of practical reasons, the idea of a practical reason is central to each of these views. Yet there remain issues concerning the nature and basis of practical reasons on which defenders of pragmatic encroachment have not taken a position, including—as I will explain—the issue of whether internalism or externalism about reasons is true. It may be thought that the position the defender of pragmatic encroachment takes on this does not make a difference to the truth or falsity of her main thesis. In this chapter, I will show that it does matter, in the sense that her view will generate different verdicts about cases depending on whether she endorses internal- ism or externalism about reasons. Given the role of cases in providing intui- tive support for or against the theory, this, in turn, makes a difference to the plausibility of pragmatic encroachment. (shrink)

When we say that we interpret customary international law, what is this thing that we actually interpret? Depending on how we answer this question, our view on interpretative methodology will change. It seems that the most promising approach is to say that interpretation of customary international law is an interpretation of certain legal practices. However, here we also encounter some problems. The dominant doctrine of customary international law requiring state practice and opinio juris assumes that only by adding a (...) psychological element to a regularity of behaviour can we speak of customary international law. That is, opinio juris performs a function of generating both legality and normativity of practices. -/- The article challenges this view by drawing on jurisprudential ideas that define practices as inherently normative. State practices are normative regardless of opinio juris, otherwise they are not practices at all. This view allows to differentiate between two instances of interpretation of customary international law. One is focused on clarification of the normative content of state practices, another is focusing on identification of these practices as legal ones. -/- Interpretation as clarification involves assessing structures of practical reasoning inherent in given practices. Drawing on Joseph Raz's theory of normativity, the article suggests that interpretation of customary rules implies establishing connections between first- and second-order reasons that form the practice and give it meaning. This entails that interpretation of customary international law focuses on dynamics of reasons, their inclusion and exclusion within an existing normative framework. That is, evolutive interpretation of customary international law is not only possible, it is inevitable. -/- Interpretation as identification does not focus on the normative content of practices, but rather involves showing that existing second-order reasons meet a threshold of legal validity. This threshold may take shape of opinio juris, but may as well be treated functionally, when legality of a practice is linked to its relevance in a broader set of legal practices. (shrink)

I argue that Leibniz’s doctrine of sensory representation is intended in part to close an explanatory gap in his philosophical system. Unlike the twentieth century explanatory gap, which stretches between neural states on one side and phenomenal character on the other, Leibniz’s gap lies between experiences of secondary qualities like color and taste and the objects that cause them. The problem is that the precise arrangement and distribution of such experiences can never be given a full explanation. In response, (...) Leibniz appeals to representation. I argue that the sense in which Leibnizian sensations are representations is too weak to close his explanatory gap. In the end, he must appeal to the doctrine of the best possible world. (shrink)

First-order evidence is evidence which bears on whether a proposition is true. Higher-order evidence is evidence which bears on whether a person is able to assess her evidence for or against a proposition. A widespread view is that higher-order evidence makes a difference to whether it is rational for a person to believe a proposition. In this paper, I consider in what way higher-order evidence might do this. More specifically, I consider whether and how higher-order evidence plays a role in (...) determining what it is rational to believe distinct from that which first-order evidence plays. To do this, I turn to the theory of reasons, and try to situate higher-order evidence within it. The only place I find for it there, distinct from that which first-order evidence already occupies, is as a practical reason, that is, as a reason for desire or action. One might take this to show either that the theory of reasons is inadequate as it stands or that higher-order evidence makes no distinctive difference to what it is rational to believe. I tentatively endorse the second option. (shrink)

An elderly patient in a care home only wants human nurses to provide her care – not robots. If she selected her carers based on skin colour, it would be seen as racist and morally objectionable, but is choosing a human nurse instead of a robot also morally objectionable and speciesist? A plausible response is that it is not, because humans provide a better standard of care than robots do, making such a choice justifiable. In this paper, I show why (...) this response is incorrect, because robots can theoretically care as well as human nurses can. I differentiate between practical caring and emotional caring, and I argue that robots can match the standard of practical care given by human nurses, and they can simulate emotional care. There is growing evidence that people respond positively to robotic creatures and carebots, and AI software is apt to emotionally support patients in spite of the machine’s own lack of emotions. I make the case that the appearance of emotional care is sufficient, and need not be linked to emotional states within the robot. After all, human nurses undoubtedly ‘fake’ emotional care and compassion sometimes, yet their patients still feel adequately cared for. I show that it is a mistake to claim that ‘the human touch’ is in itself a contributor to a higher standard of care; ‘the robotic touch’ will suffice. Nevertheless, it is not speciesist to favour human nurses over carebots, because carebots do not suffer as the result of such a choice. (shrink)

It is common in philosophy for philosophers to consult their intuitions regarding philosophical issues, and then use those intuitions as evidence for their arguments. For instance, an incompatibilist about moral responsibility might argue that her position is correct because it is intuitive that, given a deterministic world, people cannot be morally responsible. One might ask whether or not the philosopher is justified in using intuitions in her argument, but it seems that in order to answer this, we require an (...) understanding of what intuitions are. One characterisation of intuitions is that they are either ordinary beliefs, beliefs with particular aetiologies, or inclinations to believe. An alternative view is that intuitions are unique, sui generis mental states, unique in the sense that they cannot be fully understood in terms of other mental states. In this essay, I defend the belief view of intuitions. I argue that intuitions are inclinations to believe, which are derived from unconscious reasoning processes which take our background beliefs and theories as input. I defend this view against Elijah Chudnoff’s claim that intuitions are sui generis mental states akin to perceptual experiences. I suggest that the analogy Chudnoff draws between perceptions and intuitions does not hold, because perceptions are belief independent, while intuitions are not. I then respond to Chudnoff’s counter-example to the belief view, which is that it is possible to have an intuition but no corresponding belief or inclination to believe. I formulate an error theory which demonstrates that it is possible to confuse the rejection of an intuition as part of our consciously derived beliefs, with the elimination of an intuition as part of our unconsciously derived beliefs. Such confusion, I suggest, leads to Chudnoff’s putative counter-example that it is possible to have an intuition and yet no inclination to believe in it. (shrink)

BACKGROUND: -/- Preconception sex selection for non-medical reasons raises serious moral, legal and social issues. The main concern is based on the assumption that a freely available service for sex selection will distort the natural sex ratio and lead to a severe gender imbalance. However, for a severe gender imbalance to happen, at least two conditions have to be met. First, there must be a significant preference for children of a particular sex, and second, there must be a considerable (...) demand for preconception sex selection. To ascertain whether or not these two conditions are met, we have conducted a survey in Germany. METHODS: -/- As a representative sample of the German population, 1094 men and women aged 18-45 years were asked about their gender preferences and whether or not they could imagine selecting the sex of their children through flow cytometric separation of X- and Y-bearing sperm followed by intrauterine insemination. RESULTS: -/- 58% of respondents stated that they do not care about the sex of their offspring. 30% wish to have a family with an equal number of boys and girls. 4% would like to have more boys than girls, 3% more girls than boys, 1% only boys and 1% only girls. For first-borns, however, there is still a preference for boys over girls. While 75.6% claimed to have no gender preference, 14.2% would like their first child to be a boy and 10.1% would like their first child to be a girl. Whereas 6% could imagine taking advantage of preconception sex selection, 92% found this to be out of the question. Even in the hypothetical case that a medication for sex selection were ever to become available, 90% stated that they would not want to use it. CONCLUSION: -/- Given that a majority does not seem to care about the sex of their offspring and only a minority seem to be willing to select the sex of their children, a freely available service for preconception sex selection for non-medical reasons is rather unlikely to cause a severe gender imbalance in Germany. (shrink)

A central question that arises when interpreting the U.S. Constitution is which theory of interpretation is the best? In his recent book, “How to Interpret the Constitution,” Cass Sunstein reviews various theories of constitutional interpretation currently in vogue and then offers what he believes would be the best approach going forward. In this Article, I want to take up a more basic question presupposed by the very idea of a theory of interpretation. That is, whether it is even possible to (...) arrive at more than a provisional understanding of what would be the best interpretation in any given area of study, including constitutional law. That said, I do believe some of the interpretations suggested by Cass Sunstein and elsewhere by myself and others to be more persuasive than most others, even if only partially so. For, as Sunstein himself points out, no theory seems perfect to figure out the Constitution’s meaning in every possible world in which we could imagine it to exist. So, we best just focus on our own world or what we take to matter in our world. In keeping with this idea, I plan to begin by looking first at how we might interpret the world around us based on our past experiences by considering a somewhat imaginative recent experience of my own. Next, I consider some recent studies in the neurosciences and a previous but highly influential article by the philosopher Donald Davidson concerning conceptual schemes and whether we could ever hope to make any sense of a scheme radically different from our own. Here it should be pointed out that I will use the word “scheme” when referring to a very broad system of thought for which there may not be much outside, versus when I use the word “framework,” as referencing something far narrower than a whole system of thought, even if what is referenced might purport to be a significant part of a still larger system. My goal is to eventually adopt John Rawls’ public reason method to separate out non-workable systems of thought as might be part of a particular religious or philosophical tradition that cannot be easily tied to any other system of thought easily imagined within a pluralistic society. I plan to do this by relating how Rawls’ public reason might allow for the creation of a moral interpretation of the Constitution adopting the moral theory of Alan Gewirth. The latter I adopt because its grounding does not presuppose any prior moral or religious framework. I then apply that interpretative method to five cases Sunstein believes are fixed points in our current constitutional understanding. In short, I plan to isolate out an area of human rights where even very different understandings of the world might be able to meet, while acknowledging that there will still be other areas that simply evade any common connection. I hope what I offer here to be of help for a theory of constitutional interpretation that focuses on morality, without having to compete with various religious frameworks going forward. (shrink)

The right temporo-parietal junction (rTPJ) has been associated with two apparently disparate functional roles: in attention and in social cognition. According to one account, the rTPJ initiates a “circuit-breaking” signal that interrupts ongoing attentional processes, effectively reorienting attention. It is argued this primary function of the rTPJ has been extended beyond attention, through a process of evolutionarily cooption, to play a role in social cognition. We propose an alternative account, according to which the capacity for social cognition depends on a (...) network which is both distinct from and in tension with brain areas involved in focused attention and target detection: the default mode network. Theory characterizing the rTPJ based on the area’s purported role in reorienting may be falsely guided by the co-occurrence of two distinct effects in contiguous regions: activation of the supramarginal gyrus (SMG), associated with its functional role in target detection; and the transient release, during spatial reorienting, of suppression of the angular gyrus (AG) associated with focused attention. Findings based on meta-analysis and resting functional connectivity are presented which support this alternative account. We find distinct regions, possessing anti-correlated patterns of resting connectivity, associated with social reasoning (AG) and target detection (SMG) at the rTPJ. The locus for reorienting was spatially intermediate between the AG and SMG and showed a pattern of connectivity with similarities to social reasoning and target detection seeds. These findings highlight a general methodological concern for brain imaging. Given evidence that certain tasks not only activate some areas but also suppress activity in other areas, it is suggested that researchers need to distinguish two distinct putative mechanisms, either of which may produce an increase in activity in a brain area: functional engagement in the task versus release of suppression. (shrink)

It is commonplace in discussions of modern cosmology to assert that the early universe began in a special state. Conventionally, cosmologists characterize this fine-tuning in terms of the horizon and flatness problems. I argue that the fine-tuning is real, but these problems aren't the best way to think about it: causal disconnection of separated regions isn't the real problem, and flatness isn't a problem at all. Fine-tuning is better understood in terms of a measure on the space of trajectories: (...) given reasonable conditions in the late universe, the fraction of cosmological histories that were smooth at early times is incredibly tiny. This discussion helps clarify what is required by a complete theory of cosmological initial conditions. (shrink)

To date, both the United States federal government and twenty-one individual states have passed Religious Freedom Restoration Acts that aim to protect religious persons from having their sincere beliefs substantially burdened by governmental interests. RFRAs accomplish this by offering a three-pronged exemption test for religious objectors that is satisfied only when (1) an objector has a sincere belief that is being substantially burdened; (2) the government has a very good reason (e.g., health or safety) to interfere; and (3) there is (...) a reasonable alternative to serve the compelling interest. Legal balancing tests like those found in RFRA are content neutral insofar as they sideline the belief-content of conscientious objections as irrelevant when determining the permissibility of granting legal accommodations. However, some theorists worry that this legal picture may be backward: perhaps balancing tests should be content non-neutral given the usual features of conscientious objections. For example, Yossi Nehushtan contends that, contrary to their typical codification, religious conscience beliefs seem undeserving of special legal accommodations because they possess uniquely strong empirical and theoretical ties to intolerance. Thus, the illiberally intolerant content of these conscientious objections might actually give the state a reason to refuse to grant legal exemptions. In this paper, I offer a cursory defense of content neutrality with respect to balancing tests like those found in RFRA. To begin, I outline Nehushtan’s argument for content non-neutrality. The cornerstone of his argument is that illiberal intolerance is intolerable such that conscientious objections that are based upon illiberally intolerant values provide the state with strong, normally prevailing reason not to grant an exemption. I argue that, even when the illiberally intolerant content of one’s conscience constitutes a weighty and relevant factor in determining the permissibility of granting a legal exemption, there remain significant problems. It is difficult, for example, to determine which views are illiberally intolerant and difficult to say whether illiberally intolerant views can effectively serve as the principled demarcating line in balancing tests. To conclude, I offer several cursory arguments in favor of adopting content-neutral approaches without necessarily making a comprehensive case. By drawing on the work of Amy Sepinwall, Nadia Sawicki, and Nathan Chapman, I show that content-neutral approaches can help to safeguard robust protections for conscience by permitting atypical exercises of conscience, protect minority thoughts and practices from being coercively supplanted by majoritarian understandings of morality, appropriately maintain the skepticism and humility that we owe each other as compatriots in a pluralistic society, and allow the kind of justifiable civil disobedience that has an important place in political history among other things. (shrink)

Many anglophone scholars take the early Confucians to be virtue ethicists of one kind or another. A common virtue ethical reading of one of the most influential early Confucians, namely Mengzi, ascribes to him the view that moral actions are partly (or entirely) moral because of the state from which they are performed, be it the agent’s motives, emotions, or their character traits. I consider whether such a reading of the Mengzi is justified and I argue that it is (...) not. I argue that there is no reason to believe that Mengzi distinguishes the moral value of actions that are performed from virtuous and non-virtuous states. Given this, virtue (as a feature of agents) is normatively posterior to virtuous actions. I conclude, first, that this poses a challenge to a wide range of common interpretations of the Mengzi, be they virtue ethical or otherwise, and second, that there might be conceptual space for an account of virtue ethics that rejects the normative priority of virtue over virtuous actions. (shrink)

This paper presents a uniform semantic treatment of nonmonotonic inference operations that allow for inferences from infinite sets of premises. The semantics is formulated in terms of selection functions and is a generalization of the preferential semantics of Shoham (1987), (1988), Kraus, Lehman, and Magidor (1990) and Makinson (1989), (1993). A selection function picks out from a given set of possible states (worlds, situations, models) a subset consisting of those states that are, in some sense, the most preferred ones. (...) A proposition α is a nonmonotonic consequence of a set of propositions Γ iff α holds in all the most preferred Γ-states. In the literature on revealed preference theory, there are a number of well-known theorems concerning the representability of selection functions, satisfying certain properties, in terms of underlying preference relations. Such theorems are utilized here to give corresponding representation theorems for nonmonotonic inference operations. At the end of the paper, the connection between nonmonotonic inference and belief revision, in the sense of Alchourrón, Gärdenfors, and Makinson, is explored. In this connection, infinitary belief revision operations that allow for the revision of a theory with a possibly infinite set of propositions are introduced and characterized axiomatically. (shrink)

Joseph Raz’s service conception of law remains one of the best known theories of political authority. Setting aside ongoing debates about the nature of authority, I locate a problem in the basic justificatory structure of the service conception. I show that the service justification of the state does not yield the conclusion that the law generates exclusionary reasons, which are meant to be the key hallmark of authority. An automatic but defeasible _habit _of obeying the state is (...) likely to lead to better outcomes than exclusionary deference to the state. Given the instrumental justification of the service conception, this means that exclusionary reasons to defer do not obtain. Habituation and automaticity have been developed in other contexts and are here extended to the context of political authority. The possibility of habitual obedience undercuts Raz's theory while suggesting a new approach to the question of political authority. (shrink)

There is much philosophical literature on the duty to rescue. Individuals who encounter and could save, at relatively little cost to themselves, a person at risk of losing life or limb are morally obligated to do so. Yet little has been said about the other side of the issue. There are cases in which the need for rescue could have been reasonably avoided by the rescuee. We argue for a duty to take rescue precautions, providing an account of the circumstances (...) in which it arises. This novel duty has important implications for public policy. We apply it to the situation of some of the uninsured in the United States. Given the US clinician's duty to provide emergency care to all people regardless of ability to pay, some of the uninsured have a moral duty to purchase health insurance. We defend the duty against objections, including the possibility that a right to rescue can be waived, thus undermining a duty to take rescue precautions, that the duty of many professionals is voluntarily incurred, and that a distinction between actively assumed and passively assumed risks matters morally. (shrink)

The management of meaningful information by biological entities is at the core of biosemiotics [Hoffmeyer 2010]. Intentionality, the ‘aboutness’ of mental states, is a key driver in philosophy of mind. Philosophers have been reluctant to use intentionality for non human animals. Some biologists have been in favor of it. J. Hoffmeyer has been using evolutionary intentionality and Peircean semiotics to discuss a biosemiotic approach to the problem of intentionality [Hoffmeyer 1996, 2012]. Also, recent philosophical studies are bringing new openings on (...) the subject of biological intentionality.[Asma 2014]. What we propose here is to use an existing system approach to meaning generation to introduce a link between biosemiotics and bio-intentionality at basic life level in an evolutionary perspective. Meanings do not exist by themselves. They have to be generated for a given reason by a defined entity. A system approach to meaning generation based on constraint satisfaction has been developped to that end: the Meaning Generator System (MGS) [Menant 2003a]. It has been used for biosemiotics in an evolutionary perspective [Menant 2003b, 2011]. To look at relating biosemiotics to intentionality through meaning genaration we recall the system structure of the MGS with the agent that contains it. Meaning generation and agent interfacing with environment make available components for the groundings of the generated meaning in terms of data, data processing, interfacing and constraint [Menant, 2011]. These groundings of the meaning can be in or out the agent containing the MGS. They display what the generated meaning is about. For basic life the ‘aboutness’ of the generated meaning relies on a ‘stay alive’ constraint that has to be satisfied (others constraints, like ‘live group life’, are to be introduced through the evolution of life). Such ‘aboutness’ of a generated meaning within basic life can be associated to an elementary biological intentionality, to a ‘bio-intentionality’. As biosemiotics deals with meaning management by biological entities, the relations introduced by the MGS between meaning generation and bio-intentionality introduce a link between biosemiotics and bio-intentionality for basic life. We present and develop that link. Besides making available a model usable for bio-intentionality, the proposed approach may also provide an entry point to the concept of intentionality without having to take into account human specificities like self-consciousness. It should also be noted that the approach takes life as a given and that the‘stay alive’ constraint brings in a teleological component. Such presentation of bio-intentionality calls for other developments and continuations. Some will be introduced. (shrink)

This chapter centers around law's capacity to constitute practical reasons. In discussing this theme, consideration is given to law's artifactual character. The discussion falls into two main parts. In Section 1, I critically examine a skeptical line of thought about law's capacity to constitute reasons for action, which draws, in part, on law's artifactuality. I argue for a somewhat less skeptical (but still qualified) stance, according to which the fact that a legal directive has been issued can (...) (notwithstanding the artifactuality involved) be a reason for action, yet one that is underpinned by bedrock values which (under certain conditions and constraints) law is apt to serve. In Section 2, I consider whether, and in what sense, law can acquire an even more 'robust' status as a source of practical reasons. I focus particularly on Joseph Raz's position about the normative force of (legitimate) legal authority and on an alternative position I have proposed and advocated elsewhere. (shrink)

A state-based reason for one to intend to perform an action F is a reason for one to intend to F which is not a reason for one to F. Are there any state-based reasons to intend? According to the Explanatory Argument, the answer is no, because state-based reasons do not satisfy a certain explanatory constraint. I argue that whether or not the constraint is correct, the Explanatory Argument is unsound, because state-based reasons (...) do satisfy the constraint. The considerations that undermine the Explanatory Argument also generate a strong, positive case for the existence of state-based reasons to intend. (shrink)

Given the ever-present subject of consciousness wherever consciousness is, it is peculiar that consciousness researchers often mention mental states as if they are conscious independently of being the conscious states of someone [1, p. 132]. We refer to visual perceptions that become conscious, when in reality no one has ever studied mere conscious visual perceptions. What are studied are visual perceptions belonging to conscious human or animal subjects; it is the subjects who are conscious of visual stimuli, not the (...) visual perceptions. I do not know all the reasons why conscious subjects are rarely mentioned in consciousness science, but one could be pragmatic. Explaining the mysterious jump from the nonconscious nuts and bolts of neurons to the aurora borealis of consciousness is a hard problem. But it is an easy problem compared to explaining the emergence of a single conscious subject from the human brain’s 86 billion neurons [cf. 5]. Perhaps it is more practically realistic to solve the less hard problem before attempting to solve the harder hard problem. On the other hand, if we ignore a necessary condition for the presence of consciousness, our explanations of it could be plagued by inadequacy. And how can we explain our whole data set regarding consciousness if we neglect the most fundamental aspect of the data? (shrink)

Can perceptual experiences be states of uncertainty? We might expect them to be, if the perceptual processes from which they're generated, as well as the behaviors they help produce, take account of probabilistic information. Yet it has long been presumed that perceptual experiences purport to tell us about our environment, without hedging or qualifying. Against this long-standing view, I argue that perceptual experiences may well occasionally be states of uncertainty, but that they are never probabilistically structured. I criticize a powerful (...) line of reasoning that we should expect perceptual experience to be probabilistic, given their interfaces with unconscious probabilistic information, with behavior responsive to it, and with credences. (shrink)

Is there some general reason to expect organisms that have beliefs to have false beliefs? And after you observe that an organism occasionally occupies a given neural state that you think encodes a perceptual belief, how do you evaluate hypotheses about the semantic content that that state has, where some of those hypotheses attribute beliefs that are sometimes false while others attribute beliefs that are always true? To address the first of these questions, we discuss evolution by (...) natural selection and show how organisms that are risk-prone in the beliefs they form can be fitter than organisms that are risk-free. To address the second question, we discuss a problem that is widely recognized in statistics – the problem of over-fitting – and one influential device for addressing that problem, the Akaike Information Criterion (AIC). We then use AIC to solve epistemological versions of the disjunction and distality problems, which are two key problems concerning what it is for a belief state to have one semantic content rather than another. (shrink)

Given the oncoming demographic changes—which are primarily driven by the growth in the Latinx community—the United States is predicted to become a minority-majority country by around 2050. This seems to suggest that electoral strategies that employ “dog-whistle” politics are destined for the dust-bin of history. Following the work of critical race theorists, such as Ian Haney-Lopez and Derrick Bell, I want to suggest that pronouncing the inevitable demise of dog-whistle politics is premature. This is because there are reasons (...) to suspect that certain segments of the Latinx community—much like the Southern and Eastern Europeans in the early part of 20th Century—might be co-opted into American whiteness. (shrink)

It is plausible that there are epistemic reasons bearing on a distinctively epistemic standard of correctness for belief. It is also plausible that there are a range of practical reasons bearing on what to believe. These theses are often thought to be in tension with each other. Most significantly for our purposes, it is obscure how epistemic reasons and practical reasons might interact in the explanation of what one ought to believe. We draw an analogy with (...) a similar distinction between types of reasons for actions in the context of activities. The analogy motivates a two-level account of the structure of normativity that explains the interaction of correctness-based and other reasons. This account relies upon a distinction between normative reasons and authoritatively normative reasons. Only the latter play the reasons role in explaining what state one ought to be in. All and only practical reasons are authoritative reasons. Hence, in one important sense, all reasons for belief are practical reasons. But this account also preserves the autonomy and importance of epistemic reasons. Given the importance of having true beliefs about the world, our epistemic standard typically plays a key role in many cases in explaining what we ought to believe. In addition to reconciling (versions of) evidentialism and pragmatism, this two-level account has implications for a range of important debates in normative theory, including the interaction of right and wrong reasons for actions and other attitudes, the significance of reasons in understanding normativity and authoritative normativity, the distinction between ‘formal’ and ‘substantive’ normativity, and whether there is a unified source of authoritative normativity. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

A wide range of more objectivist norms appear to leave uncharted an important part of normative space. In the beginning of this paper I briefly outline two broad ways of seeking more subject-directed norms: perspectivism and feasibilism. According to feasibilism, the ultimate reason why more objectivist norms are inadequate on their own is not that they fail to take into account the limits of an agent’s perspective, but that they are not sensitive to limits on what ways of choosing, acting, (...) and believing are feasible in a given situation. I think of these ways of choosing, acting, and believing in terms of an agent's dispositions. In this paper I focus on a knowledge-first implementation of feasibilism, a view in epistemology that supplements a knowledge norm with a norm urging one to manifest dispositions that are among the most knowledge-conducive feasible ones. A view with different norms that sometimes cannot be jointly satisfied raises questions about the status of these norms. By drawing on two general hypotheses about the relationship between succeeding (e.g. knowing) and manifesting dispositions conducive to success, I argue for a view on which the prescriptive and the hypological come radically apart. The result is that an epistemic analogue of a thesis that many have assumed to hold in the moral realm should be rejected. This thesis is Only Blameworthy for Wrongs: we can only ever be blameworthy for acts that are morally wrong. I argue that on the picture presented, we can be epistemically blameworthy for doxastic states that do not violate any prescriptive epistemic norms. I then generalise the considerations to the moral realm, arguing against Only Blameworthy for Wrongs. (shrink)

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

Based on a crowdsourced truth value judgment experiment, we provide empirical evidence challenging two classical views in semantics, and we develop a novel account of counterfactuals that combines ideas from inquisitive semantics and causal reasoning. First, we show that two truth-conditionally equivalent clauses can make different semantic contributions when embedded in a counterfactual antecedent. Assuming compositionality, this means that the meaning of these clauses is not fully determined by their truth conditions. This finding has a clear explanation in inquisitive semantics: (...) truth-conditionally equivalent clauses may be associated with different propositional alternatives, each of which counts as a separate counterfactual assumption. Second, we show that our results contradict the common idea that the interpretation of a counterfactual involves minimizing change with respect to the actual state of affairs. We propose to replace the idea of minimal change by a distinction between foreground and background for a given counterfactual assumption: the background is held fixed in the counterfactual situation, while the foreground can be varied without any minimality constraint. (shrink)

Proponents of non-conceptual content have recruited it for various philosophical jobs. Some epistemologists have suggested that it may play the role of “the given” that Sellars is supposed to have exorcised from philosophy. Some philosophers of mind (e.g., Dretske) have suggested that it plays an important role in the project of naturalizing semantics as a kind of halfway between merely information bearing and possessing conceptual content. Here I will focus on a recent proposal by Jerry Fodor. In a recent (...) paper he characterizes non-conceptual content in a particular way and argues that it is plausible that it plays an explanatory role in accounting for certain auditory and visual phenomena. So he thinks that there is reason to believe that there is non-conceptual content. On the other hand, Fodor thinks that non-conceptual content has a limited role. It occurs only in the very early stages of perceptual processing prior to conscious awareness. My paper is examines Fodor’s characterization of non-conceptual content and his claims for its explanatory importance. I also discuss if Fodor has made a case for limiting non-conceptual content to non-conscious, sub-personal mental states. (shrink)

Introduction: Clinical practice guidelines (CPGs) are an important source of justification for clinical decisions in modern evidence-based practice. Yet, we have given little attention to how they argue their evidence. In particular, how do CPGs argue for treatment with long-term medications that are increasingly prescribed to older patients? Approach and rationale: I selected six disease-specific guidelines recommending treatment with five of the medication classes most commonly prescribed for seniors in Ontario, Canada. I considered the stated aims of these CPGs (...) and the techniques employed towards those aims. Finally, I reconstructed and logically analysed the arguments supporting recommendations for pharmacotherapy. Analysis: The primary function of CPGs is rhetorical, or persuasive, and their means of persuasion include both a display of their credibility and their argumentation. Arguments supporting pharmacotherapy recommendations for the target population follow a common inductive pattern: statistical generalization from randomized controlled trial (RCT) and meta-analysis evidence. Two of the CPGs also argue their treatment recommendations for older patients in this style, while three fail to justify pharmacotherapy specifically for the older population. Discussion: The arguments analysed lack the auxiliary assumptions that would warrant making a generalization about the clinical effectiveness of medications for the older population. Guidelines reason using simple induction, while ignoring important inferential gaps. Future guidelines should aspire to be well-reasoned rather than simply evidence-based; argue from a plurality of evidence; be wary of hasty inductions; appropriately limit the scope of their recommendations; and avoid making law-like, prescriptive generalizations. (shrink)

Teleological theories of reason and value, upon which all reasons are fundamentally reasons to realize states of affairs that are in some respect best, cannot account for the intuition that victims in non-identity cases have been wronged. Many philosophers, however, reject such theories in favor of alternatives that recognize fundamentally non-teleological reasons, second-personal reasons that reflect a moral significance each person has that is not grounded in the teleologist’s appeal to outcomes. Such deontological accounts appear to (...) be better positioned to identify the wrong committed against non-identity victims because a person wrongs another on such accounts if she violates his second-personal claims -- overall benefit to victims presents no obstacle to the identification of second-personal wrongdoing. Derek Parfit argues that non-identity is a problem for these deontological theories as well because the alleged victims are properly understood as consenting to the action in question, thereby waiving any such second-personal claim. But his arguments misrepresent the role of consent on such theories by articulating it through appeal to the very teleological theory of reasons that their advocates dismiss as inadequate. Properly understood, Parfit’s appeal to consent understood as retroactive endorsement only provides the answer on such deontological accounts to the question of whether, given that the non-identity victim is second-personally wronged, he is nonetheless better off existing. Indeed, it becomes clear that it is teleological theories for which non-identity poses a particular problem: they cannot -- while their deontological counterparts can – account for the intuition that non-identity victims have been wronged. (shrink)

It is a reasonable worry that God would not truly love us and want our salvation if He fixed a definite point after which He will no longer offer us the graces to repent of our sins. I propose that Thomas Aquinas succeeds in showing us that God would not be cruel or arbitrary in setting up a world where embodied agents end up after death in a state where they will inevitably fail to repent of their sins. Aquinas (...) proposes that being disembodied is to be in a state where a person cannot be mistaken about what they want, given that they know themselves perfectly. If the disembodied state were like this, it would not be surprising that being in that state makes repentance impossible, since a soul would become fully integrated around whatever one desired, without any conflicting desires that could prompt repentance. Thus, humans would persist in whatever desires they had at the moment of death and disembodiment. I conclude by arguing that, while this scenario stands in need of fuller theodicy, Aquinas’ scenario is helpful in defending a view that God is not cruel or arbitrary for creating a world in which post-mortem repentance is impossible. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)