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)

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)

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)

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)

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)

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)

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)

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 toappraiseevidence, 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)

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)

It is widely held in philosophy that knowing is not a state of mind. On this view, rather than knowledge itself constituting a mental state, when we know, we occupy a belief state that exhibits some additional non-mental characteristics. Fascinatingly, however, new empirical findings from cognitive neuroscience and experimental philosophy now offer direct, converging evidence that the brain can—and often does—treat knowledge as if it is a mental state in its own right. While some might be (...) tempted to keep the metaphysics of epistemic states separate from the neurocognitive mechanics of our judgements about them, here I will argue that these empirical findings give us sufficient reason to conclude that knowledge is at least sometimes a mental state. The basis of this argument is the epistemological principle of neurocognitive parity—roughly, if the contents of a given judgement reflect the structure of knowledge, so do the neurocognitive mechanics that produced them. This principle, which I defend here, straightforwardly supports the inference from the empirical observation that the brain sometimes treats knowledge like a mental state to the epistemological conclusion that knowledge is at least sometimes a mental state. All told, the composite, belief-centric metaphysics of knowledge widely assumed in epistemology is almost certainly mistaken. (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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

This is a discussion of the state of discussion on pragmatic reasons for belief.

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)

In the philosophical literature on mental states, the paradigmatic examples of mental states are beliefs, desires, intentions, and phenomenal states such as being in pain. The corresponding list in the psychological literature on mental state attribution includes one further member: the state of knowledge. This article examines the reasons why developmental, comparative and social psychologists have classified knowledge as a mental state, while most recent philosophers--with the notable exception of Timothy Williamson-- have not. The disagreement is (...) traced back to a difference in how each side understands the relationship between the concepts of knowledge and belief, concepts which are understood in both disciplines to be closely linked. Psychologists and philosophers other than Williamson have generally have disagreed about which of the pair is prior and which is derivative. The rival claims of priority are examined both in the light of philosophical arguments by Williamson and others, and in the light of empirical work on mental state attribution. (shrink)

Given constructivism’s enduring popularity and appeal, it is perhaps something of a surprise that there remains considerable uncertainty among many philosophers about what constructivism is even supposed to be. My aim in this article is to make some progress on the question of how constructivism should be understood. I begin by saying something about what kind of theory constructivism is supposed to be. Next, I consider and reject both the standard proceduralist characterization of constructivism and also Sharon Street’s ingenious (...) standpoint characterization. I then suggest an alternative characterization according to which what is central is the role played by certain standards of correct reasoning. I conclude by saying something about the implications of this account for evaluating the success of constructivism. I suggest that certain challenges that have been raised against constructivist theories are based on dubious understandings of constructivism, whereas other challenges only properly come into focus once a proper understanding is achieved. (shrink)

This chapter addresses an ambiguity in some of the literature on rational peer disagreement about the use of the term 'rational'. In the literature 'rational' is used to describe a variety of normative statuses related to reasons, justification, and reasoning. This chapter focuses most closely on the upshot of peer disagreement for what is rationally required of parties to a peer disagreement. This follows recent work in theoretical reason which treats rationality as a system of requirements among an agent's (...) mental states. It is argued that peer disagreement has either no, or a very limited, affect on what rationality requires of an agent in a given circumstance. This is in part because of difficulties generated by a novel example of evidence of evidence of p being evidence against p. This example calls into question the mechanisms whereby peer disagreement might affect what is rationally required of an agent. The chapter also reevaluates the importance of actual peer disagreement against the backdrop of prior expectations about whether disagreement is believed to be likely, arguing that peer disagreement is most likely to change what is rationally required of an agent when it is believed to be unlikely. (shrink)

The argument from reason states that if naturalism is true, then our beliefs are caused by physical processes rather than being causally based in their reasons, so our beliefs are not knowledge—including the belief in naturalism itself. Recent critics of the argument from reason provide dual process replies to the argument from reason—our beliefs can have both a naturalistic cause/ explanation and be caused/explained by its reasons, thereby showing that naturalism can accommodate knowledge. In this paper I consider (...) three dual process replies and conclude that none of them are successful. (shrink)

Christopher Hookway has been influential in promoting engagement with pragmatist and naturalist perspectives from classical and contemporary American philosophy. This book reflects on Hookway’s work on the American philosophical tradition and its significance for contemporary discussions of the understanding of mind, meaning, knowledge, and value. -/- Hookway’s original and extensive studies of Charles S. Peirce have made him among the most admired and frequently referenced of Peirce’s interpreters. His work on classical American pragmatism has explored the philosophies of William James, (...) John Dewey, and Josiah Royce, and examined the influence of pragmatist ideas outside of the United States. Additionally, Hookway has participated in a number of celebrated exchanges with some of the most high-profile figures of twentieth- and twenty-first-century philosophy, including Karl-Otto Apel, Philip Pettit, Hilary Putnam, and W.V.O. Quine, through which his treatments of a large range of topics in epistemology and the philosophies of mind and language have been developed and promoted. The chapters in this book—which include contributions from several of Hookway’s former students and colleagues—include studies of Hookway’s engagement with the works of Peirce, James, and Dewey, his contributions to virtue epistemology, and his discussions of hope and pragmatist metaphysics. -/- Pragmatic Reason will be of interest to researchers and advanced students working on American philosophy, the history of analytic philosophy, and epistemology. (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)

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly transforms this (...) tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

This essay involves exploration of certain repercussions of Bernard Williams’ view that there is, in Wittgenstein’s later work, a transcendental idealism akin to that found in the Tractatus—sharing with it the feature that it cannot be satisfactorily stated. It is argued that, if Williams is right, then Wittgenstein’s later work precludes a philosophically substantial theory of meaning; for such a theory would force us to try to state the idealism. In a postscript written for the reprint of the essay, (...) reasons are given for thinking that Williams is not right: Wittgenstein’s later work actually helps us to repudiate as ill-conceived all those questions whose answers invite us to embrace any such idealism. But the main thesis of the essay remains intact. Indeed the idea that Wittgenstein’s later work precludes a philosophically substantial theory of meaning is reinforced. (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)

This chapter examines the spectrum inversion hypothesis as an argument against certain kinds of account of what it’s like to be conscious of color. The hypothesis aims to provide a counterexample to accounts of what it’s like to be conscious of color in non-qualitative terms, as well as to accounts of what it’s like to be conscious of color in terms of the representational content of conscious visual states (which, according to some philosophers, is in turn given an account (...) in non-qualitative terms). I explain the hypothesis’s reasoning in sections 1 and 2. I then take up background issues: since the counterexample provided by the hypothesis is typically given as a possibility rather than an actuality, I briefly discuss the kind of possibility involved in section 3, and the methodologies used to evaluate the plausibility of possibilities in section 4. In section 5, I describe some general considerations that are commonly used against the spectrum inversion hypothesis. I take up attempts to support the hypothesis with findings from color science in section 6. I end with comments skeptical of both the motivation for the spectrum inversion hypothesis and the methodology used to support it. (shrink)

Ontological pluralism is the view that there are different ways to exist. It is a position with deep roots in the history of philosophy, and in which there has been a recent resurgence of interest. In contemporary presentations, it is stated in terms of fundamental languages: as the view that such languages contain more than one quantifier. For example, one ranging over abstract objects, and another over concrete ones. A natural worry, however, is that the languages proposed by the pluralist (...) are mere notational variants of those proposed by the monist, in which case the debate between the two positions would not seem to be substantive. Jason Turner has given an ingenious response to this worry, in terms of a principle that he calls ‘logical realism’. This paper offers a counter-response on behalf of the ‘notationalist’. I argue that, properly applied, the principle of logical realism is no threat to the claim that the languages in question are notational variants. Indeed, there seems to be every reason to think that they are. (shrink)

This paper explores how individuals experiencing hostile affective states such as envy, jealousy, hate, contempt, and Ressentiment tend to deceive themselves about their own mental states. More precisely, it examines how the feeling of being diminished in worth experienced by the subject of these hostile affective states motivates a series of self-deceptive maneuvers that generate a fictitious upliftment of the subject’s sense of self. After introducing the topic (section 1), the paper explores the main arguments that explain why several hostile (...) affective states involve a feeling of diminution in the subject’s own value (section 2). Next, it offers an analysis of how the negative feeling of self-worth motivates self-deception. While in extrinsically motivated self-deception, the subject feels diminished in worth after negatively evaluating her own hostile affective states, in intrinsically motivated self-deception, the negative feelings of self-worth are constituent elements of the hostile affective state in question (section 3). Cases of intrinsically motivated self-deception are particularly intriguing because in them the motivation for self-deception is inherent to the hostile affective state, independently of external reasons. I coin the expression “self-deceptive style” to capture the distinctive form in which each hostile affective state intrinsically motivates changes in the architecture of the mind (e.g., perception, imagining, memory, judgment, attention, etc.) in order to generate an upliftment of the self (section 4). To show the descriptive and explanatory function of this concept, a comparative analysis of the self-deceptive styles of envy and hate is provided (section 5). The conclusion summarizes the main findings and explores directions for further research (section 6). (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)

This paper discusses Claytons theory on Comprehensive enrolment of children by their parents. This paper supports Claytons view that we should not enrol children. However, Cameron raises objections which cause problems for the application of this framework. Namely, the cost of giving up a belief, choices made for us in childhood and the application of the PRR (Public Reason Restriction) to the way the parent-child relationship should function. Some modifications to Clayton’s framework and further debate is required to fully address (...) these issues. The conclusion is that we should be able to enrol children in activities that would be of low future cost if rejected but we should not enrol children in activities of high future rejection cost. This enrolment is tempered by the statement “the fundamental motivation of parents should be to conform with public reason i.e. to treat their children in accordance with norms that are capable of acceptance by any free and equal person”. As Clayton states: “I am not ruling out the imposition of a comprehensive doctrine on the child. I am rejecting its imposition in the absence of an argument from public reason”. The structure of this essay is as follows: In Section One I explore Clayton’s theories of end state autonomy and autonomy as a precondition, I then look at the plausible relationship between the state-citizen and child-parent relationships. The Public Reason Restriction is then examined in connection with comprehensive enrolment. In the next section, I look at objections to Clayton’s view from Cameron and any subsequent replies to this from Clayton. I then conclude by discussing the differences between the two views and add my own view to this. (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)