Deepfakes raise various concerns: risks of political destabilization, depictions of persons without consent and causing them harms, erosion of trust in video and audio as reliable sources of evidence, and more. These concerns have been the focus of recent work in the philosophical literature on deepfakes. However, there has been almost no sustained philosophical analysis of deepfakes from the perspective of concerns about honesty and dishonesty. That deepfakes are potentially deceptive is unsurprising and has been noted. But under what conditions (...) does the use of deepfakes fail to be honest? And which human agents, involved in one way or another in a deepfake, fail to be honest, and in what ways? If we are to understand better the morality of deepfakes, these questions need answering. Our first goal in this paper, therefore, is to offer an analysis of paradigmatic cases of deepfakes in light of the philosophy of honesty. While it is clear that many deepfakes are morally problematic, there has been a rising counter-chorus claiming that deepfakes are not essentially morally bad, since there might be uses of deepfakes that are not morally wrong, or even that are morally salutary, for instance, in education, entertainment, activism, and other areas. However, while there are reasons to think that deepfakes can supply or support moral goods, it is nevertheless possible that even these uses of deepfakes are dishonest. Our second goal in this paper, therefore, is to apply our analysis of deepfakes and honesty to the sorts of deepfakes hoped to be morally good or at least neutral. We conclude that, perhaps surprisingly, in many of these cases the use of deepfakes will be dishonest in some respects. Of course, there will be cases of deepfakes for which verdicts about honesty and moral permissibility do not line up. While we will sometimes suggest reasons why moral permissibility verdicts might diverge from honesty verdicts, we will not aim to settle matters of moral permissibility. (shrink)

Some argue that robots could never be sentient, and thus could never have intrinsic moral status. Others disagree, believing that robots indeed will be sentient and thus will have moral status. But a third group thinks that, even if robots could never have moral status, we still have a strong moral reason to treat some robots as if they do. Drawing on a Kantian argument for indirect animal rights, a number of technology ethicists contend that our treatment of anthropomorphic or (...) even animal-like robots could condition our treatment of humans: treat these robots well, as we would treat humans, or else risk eroding good moral behavior toward humans. But then, this argument also seems to justify giving rights to robots, even if robots lack intrinsic moral status. In recent years, however, this indirect argument in support of robot rights has drawn a number of objections. In this paper I have three goals. First, I will formulate and explicate the Kant-inspired indirect argument meant to support robot rights, making clearer than before its empirical commitments and philosophical presuppositions. Second, I will defend the argument against a number of objections. The result is the fullest explication and defense to date of this well-known and influential but often criticized argument. Third, however, I myself will raise a new concern about the argument’s use as a justification for robot rights. This concern is answerable to some extent, but it cannot be dismissed fully. It shows that, surprisingly, the argument’s advocates have reason to resist, at least somewhat, producing the sorts of robots that, on their view, ought to receive rights. (shrink)

The Twin Earth thought experiment invites us to consider a liquid that has all of the superficial properties associated with water (clear, potable, etc.) but has entirely different deeper causal properties (composed of “XYZ” rather than of H2O). Although this thought experiment was originally introduced to illuminate questions in the theory of reference, it has also played a crucial role in empirically informed debates within the philosophy of psychology about people’s ordinary natural kind concepts. Those debates have sought to accommodate (...) an apparent fact about ordinary people’s judgments: Intuitively, the Twin Earth liquid is not water. We present results from four experiments showing that people do not, in fact, have this intuition. Instead, people tend to have the intuition that there is a sense in which the liquid is not water but also a sense in which it is water. We explore the implications of this finding for debates about theories of natural kind concepts, arguing that it supports views positing two distinct criteria for membership in natural kind categories – one based on deeper causal properties, the other based on superficial, observable properties. (shrink)

Are acts of violence performed in virtual environments ever morally wrong, even when no other persons are affected? While some such acts surely reflect deficient moral character, I focus on the moral rightness or wrongness of acts. Typically it’s thought that, on Kant’s moral theory, an act of virtual violence is morally wrong (i.e., violate the Categorical Imperative) only if the act mistreats another person. But I argue that, on Kant’s moral theory, some acts of virtual violence can be morally (...) wrong, even when no other persons or their avatars are affected. First, I explain why many have thought that, in general on Kant’s moral theory, virtual acts affecting no other persons or their avatars can’t violate the Categorical Imperative. For there are real world acts that clearly do, but it seems that when we consider the same sorts of acts done alone in a virtual environment, they don’t violate the Categorical Imperative, because no others persons were involved. But then, how could any virtual acts like these, that affect no other persons or their avatars, violate the Categorical Imperative? I then argue that there indeed can be such cases of morally wrong virtual acts—some due to an actor’s having erroneous beliefs about morally relevant facts, and others due not to error, but to the actor’s intention leaving out morally relevant facts while immersed in a virtual environment. I conclude by considering some implications of my arguments for both our present technological context as well as the future. (shrink)

The dominant position in current debates on the mind-body problem is some version of physicalism, according to which the mind is reducible to the brain and mental phenomena are ultimately explainable in physical terms. But there seems to be an explanatory gap between physicalistic descriptions of neuronal processes and the subjectivity of conscious experience. Some dualists conclude that, therefore, consciousness must be ontologically distinct from any physical properties or entities. This article introduces and argues for a different perspective on these (...) issues, namely, an epistemological dualism - a nonreductive position which is neither a version of physicalism nor an ontological dualism. It is argued that Kant holds this epistemological dualism implicitly as a consequence of his critical epistemology. On the one hand, he stresses the explanatory gap between the mental and the physical. On the basis of his theory of subjectivity set out in the Transcendental Deduction, Kant provides an explanation for why the gap cannot be closed empirically, as the physicalist promises. On the other hand, in his criticism of Descartes’ dualism in the Paralogismschapter, Kant argues that an ontological conclusion on the basis of this epistemological gap is unjustified even though physicalism is explanatory inadequate to account for consciousness. Thus, this epistemological dualism can be seen as an original third way between physicalist reductionism and ontological dualism. (shrink)

Phineas Gage’s story is typically offered as a paradigm example supporting the view that part of what matters for personal identity is a certain magnitude of similarity between earlier and later individuals. Yet, reconsidering a slight variant of Phineas Gage’s story indicates that it is not just magnitude of similarity, but also the direction of change that affects personal identity judgments; in some cases, changes for the worse are more seen as identity-severing than changes for the better of comparable magnitude. (...) Ironically, thinking carefully about Phineas Gage’s story tells against the thesis it is typically taken to support. (shrink)

“Experimental jurisprudence” draws on empirical data to inform questions typically associated with jurisprudence or legal theory. Scholars in this flourishing movement conduct empirical studies about a variety of legal language and concepts. Despite the movement’s growth, its justification is still opaque. Jurisprudence is the study of deep and longstanding theoretical questions about law’s nature, but “experimental jurisprudence,” it might seem, simply surveys laypeople. This Article elaborates and defends experimental jurisprudence. Experimental jurisprudence, appropriately understood, is not only consistent with traditional jurisprudence; (...) it is an essential branch of it. (shrink)

This article re-examines Ned Block‘s ( 1997 , 2007 ) conceptual distinction between phenomenal consciousness and access consciousness. His argument that we can have phenomenally conscious representations without being able to cognitively access them is criticized as not being supported by evidence. Instead, an alternative interpretation of the relevant empirical data is offered which leaves the link between phenomenology and accessibility intact. Moreover, it is shown that Block’s claim that phenomenology and accessibility have different neural substrates is highly problematic in (...) light of empirical evidence. Finally, his claim that there can be phenomenology without cognitive accessibility is at odds with his endorsement of the 'same-order-theory' of consciousness. (shrink)

The personal identity relation is of great interest to philosophers, who often consider fictional scenarios to test what features seem to make persons persist through time. But often real examples of neuroscientific interest also provide important tests of personal identity. One such example is the case of Phineas Gage – or at least the story often told about Phineas Gage. Many cite Gage’s story as example of severed personal identity; Phineas underwent such a tremendous change that Gage “survived as a (...) different man.” I discuss a recent empirical finding about judgments about this hypothetical. It is not just the magnitude of the change that affects identity judgment; it is also the negative direction of the change. I present an experiment suggesting that direction of change also affects neuroethical judgments. I conclude we should consider carefully the way in which improvements and deteriorations affect attributions of personal identity. This is particularly important since a number of the most crucial neuroethical decisions involve varieties of cognitive enhancements or deteriorations. (shrink)

One version of moral error theory maintains that the central problem with morality is an ontological commitment to irreducible normativity. This paper argues that this version of error theory ultimately depends on an appeal to Ockham’s Razor, and that Ockham’s Razor should not be applied to irreducible normativity. This is because the appeal to Ockham’s Razor always contains an intractable element of epistemic circularity; and if this circularity is not vicious, we can construct a sound argument for the existence of (...) irreducibly normative truths that contains a similar kind of epistemic circularity. This argument is a version of Pascal’s Wager which I call “Parfit’s Wager,” because it is based on a passage from Derek Parfit’s On What Matters. It states that, if we believe that there are some irreducibly normative truths, we are more likely to be believing what we ought to believe compared to not believing that there are such truths, and that this indicates that we ought rationally to believe that there are such truths, justifying the ontological commitment to irreducible normativity in the process. (shrink)

This paper builds off the Our Data Ourselves research project, which examined ways of understanding and reclaiming the data that young people produce on smartphone devices. Here we explore the growing usage and centrality of mobiles in the lives of young people, questioning what data-making possibilities exist if users can either uncover and/or capture what data controllers such as Facebook monetize and share about themselves with third-parties. We outline the MobileMiner, an app we created to consider how gaining access to (...) one’s own data not only augments the agency of the individual but of the collective user. Finally, we discuss the data making that transpired during our hackathon. Such interventions in the enclosed processes of datafication are meant as a preliminary investigation into the possibilities that arise when young people are given back the data which they are normally structurally precluded from accessing. (shrink)

The aim of the paper is to highlight a hidden reception of Ernst Cassirer’s works in the writings of Wilfrid Sellars. To set out such reception, I will begin with defining criteria that allow us to point out a possible influence from one thinker on another. In a second step, I will present several links between the set-out criteria and the constellation Sellars-Cassirer. Finally, the Cassirer Lectures Series at Yale, Sellars’ review of Language and Myth as well as Sellars’ lecture (...) Philosophy and the Scientific Image of Man will serve as at the basis for an analysis of historical and systematic connections between Cassirer and Sellars. The conclusion will show that we actually can speak of a hidden influence from Cassirer on Sellars’ thought and that philosophical desiderata remain in this context which are worth to explore even today. (shrink)

Leibniz accepts causal independence, the claim that no created substance can causally interact with any other. And Leibniz needs causal independence to be true, since his well-known pre-established harmony is premised upon it. So, what is Leibniz’s argument for causal independence? Sometimes he claims that causal interaction between substances is superfluous. Sometimes he claims that it would require the transfer of accidents, and that this is impossible. But when Leibniz finds himself under sustained pressure to defend causal independence, those are (...) not the reasons that he marshals in its defense. Instead, deep into his long correspondence with Burchard de Volder, he gives a different sort of argument, one that has gone nearly unnoticed by commentators and has not yet been properly understood. In part, this is because the argument develops slowly over four years of correspondence. It emerges in early 1704, but it is formulated tersely and appears murky unless understood in light of Leibniz and De Volder’s tangled exchanges. There Leibniz argues that, on his distinctive ontology of an infinity of created substances, no two created substances could possibly causally interact, for roughly the same reasons that some Cartesians like De Volder deny interaction between minds and bodies on their substance dualist ontology. In this paper I draw out this lost argument, explain it and the metaphysics on which Leibniz builds it, and untangle Leibniz and De Volder’s exchanges concerning causation from which this argument results. (shrink)

From the early reception of Thomas Aquinas up to the present, many have interpreted his theory of liberum arbitrium to imply intellectual determinism: we do not control our choices, because we do not control the practical judgments that cause our choices. In this paper we argue instead that he rejects determinism in general and intellectual determinism in particular, which would effectively destroy liberum arbitrium as he conceives of it. We clarify that for Aquinas moral responsibility presupposes liberum arbitrium and thus (...) the ability to do otherwise, although the ability to do otherwise applies differently to praise and blame. His argument against intellectual determinism is not straightforward, but we construct it by analogy to his arguments against other deterministic threats. The non-determinism of the intellect’s causality with respect to the will results from his claims that practical reasoning is defeasible and that the reasons for actions are not contrastive reasons. (shrink)

Abstract The subjectivity of conscious experience is a central feature of our mental life that puzzles philosophers of mind. Conscious mental representations are presented to me as mine, others remain unconscious. How can we make sense of the difference between them? Some representationalists (e.g. Tye) attempt to explain it in terms of non-conceptual intentional content, i.e. content for which one need not possess the relevant concept required in order to describe it. Hanna claims that Kant purports to explain the subjectivity (...) of conscious experience in this way. This paper examines this claim in some detail in the context of a more general criticism of this kind of attempt to explain subjectivity and proposes a different reading of Kant that also leads to an alternative account of subjectivity independent from content. (shrink)

Auf die Frage „Was ist Wahrnehmung und welche Rolle spielt sie für die Objektivität der Erfahrung?“ hätte Ernst Cassirer vermutlich schlicht geantwortet: „Wahrnehmung ist eine erste Form objektiver Erfahrung.“ Tobias Endres macht es sich zur Aufgabe, Cassirers „Philosophie der symbolischen Formen“ einer Neu- und Gesamtinterpretation zu unterziehen und sie als eine „Phänomenologie der Wahrnehmung“ auszulegen. In Auseinandersetzung mit klassischen und gegenwärtigen Wahrnehmungstheorien wie der Sinnesdatentheorie, dem Disjunktivismus oder dem Enaktivismus gelingt es dem Autor, die Aktualität und Originalität solch einer (...) phänomenologischen Wahrnehmungstheorie aufzuzeigen. (shrink)

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

This paper defends the idea that Cassirer's methodology is idealistic in regard to validity claims and the structuralist views he holds and at the same time empiric in regard to the facts and genealogy of culture. This perspective is best to be unfolded along Cassirer's model of representation. The author does so by showing that Cassirer's triad of symbolic articulation (expressive, presentational, significative) and the triad of symbolic development (mimetic, analogical, symbolic) form a coherent and exhaustive theory of symbolic formation. (...) In order to defend this view, two main objections from the secondary literature against the consistency of this essential theory piece of The Philosophy of Symbolic Forms have to be rejected. (shrink)

Leibniz thinks that every created substance is causally active, and yet causally independent of every other: none can cause changes in any but itself. This is not controversial. But Leibniz also thinks that every created substance is existentially independent of every other: it is metaphysically possible for any to exist with or without any other. This is controversial. I argue that, given a mainstream reading of Leibniz’s essentialism, if one accepts the former, uncontroversial interpretation concerning causal independence, then one ought (...) also to accept the latter, controversial one concerning existential independence. This is a new way to defend the ‘existential independence’ interpretation. Moreover, this defense provides a new approach for defending the broadly ‘non-logical’ interpretive camp in the longstanding debate over Leibniz’s views on incompossibility, against perhaps the strongest objection leveled by advocates of the opposing broadly ‘logical’ interpretation. (shrink)

Ein Dilemma in Kants Theorie der Subjektivität besteht darin, dass er einerseits von einem identischen Ich als dem Gegenstand eines reinen Selbstbewusstseins spricht, andererseits bestreiten muss, dass es sich bei diesem Ich um einen realen Gegenstand handelt. Horstmanns Interpretation des kantischen Ichs als bloßer Aktivität wird als Ausweg aus diesem Dilemma verworfen. Dann wird gezeigt, dass Kant außer realen auch logische Gegenstände kennt und dass das Ich ein solcher bloß logischer Gegenstand ist.

One popular conception of natural theology holds that certain purely rational arguments are insulated from empirical inquiry and independently establish conclusions that provide evidence, justification, or proof of God’s existence. Yet, some raise suspicions that philosophers and theologians’ personal religious beliefs inappropriately affect these kinds of arguments. I present an experimental test of whether philosophers and theologians’ argument analysis is influenced by religious commitments. The empirical findings suggest religious belief affects philosophical analysis and offer a challenge to theists and atheists, (...) alike: reevaluate the scope of natural theology’s conclusions or acknowledge and begin to address the influence of religious belief. (shrink)

Most plausible moral theories must address problems of partial acceptance or partial compliance. The aim of this paper is to examine some proposed ways of dealing with partial acceptance problems as well as to introduce a new Rule Utilitarian suggestion. Here I survey three forms of Rule Utilitarianism, each of which represents a distinct approach to solving partial acceptance issues. I examine Fixed Rate, Variable Rate, and Optimum Rate Rule Utilitarianism, and argue that a new approach, Maximizing Expectation Rate Rule (...) Utilitarianism, better solves partial acceptance problems. (shrink)

The importance of psychoanalysis for Critical Theory is unabated, but controversial. Regressive reactions to the crises of capitalism are currently reviving the debate about its relevance for the Frankfurt School. The interview with Amy Allen follows the focus of her book Critique on the Couch (2020) through questions about the significance of psychoanalysis for Critical Theory as well as the implications of her arguments for a theory of the subject and a critique of eurocentric concepts of progress.

Many philosophers claim to employ intuitions in their philosophical arguments. Others contest that no such intuitions are used frequently or at all in philosophy. This article suggests and defends a conception of intuitions as part of the philosophical method: intuitions are special types of philosophical assumptions to which we are invited to assent, often as premises in argument, that may serve an independent function in philosophical argument and that are not formed through a purely inferential process. A series of philosophical (...) case studies shows that intuitions in these arguments contain the relevant features. The view has implications for philosophical method, offering a compromise between opponents on the divisive debate of the merits of experimental philosophy: experimental philosophy provides an especially useful role in philosophical assumption analysis. (shrink)

Medieval authors generally agreed that we have the freedom to choose among alternative possibilities. But most medieval authors also thought that there are situations in which one cannot do otherwise, not even will otherwise. They also thought when willing necessarily, the will remains free. The questions, then, are what grounds the necessity or contingency of the will’s acts, and – since freedom is not defined by the ability to choose – what belongs to the essential character of freedom, the ratio (...) libertatis. This article studies medieval theories of freedom without choice from William of Auxerre to William of Ockham and their background in Augustine, Anselm of Canterbury, and Bernard of Clairvaux. (shrink)

Rule-Consequentialism faces “the problem of partial acceptance”: How should the ideal code be selected given the possibility that its rules may not be universally accepted? A new contender, “Calculated Rates” Rule-Consequentialism claims to solve this problem. However, I argue that Calculated Rates merely relocates the partial acceptance question. Nevertheless, there is a significant lesson from this failure of Calculated Rates. Rule-Consequentialism’s problem of partial acceptance is more helpfully understood as an instance of the broader problem of selecting the ideal code (...) given various assumptions—assumptions about who will accept and comply with the rules, but also about how the rules will be taught and enforced, and how similar the future will be. Previous rich discussions about partial acceptance provide a taxonomy and groundwork for formulating the best version of Rule-Consequentialism. (shrink)

Scalar Utilitarianism eschews foundational notions of rightness and wrongness in favor of evaluative comparisons of outcomes. I defend Scalar Utilitarianism from two critiques, the first against an argument for the thesis that Utilitarianism's commitments are fundamentally evaluative, and the second that Scalar Utilitarianism does not issue demands or sufficiently guide action. These defenses suggest a variety of more plausible Scalar Utilitarian interpretations, and I argue for a version that best represents a moral theory founded on evaluative notions, and offers better (...) answers to demandingness concerns than does the ordinary Scalar Utilitarian response. If Utilitarians seek reasonable development and explanation of their basic commitments, they may wish to reconsider Scalar Utilitarianism. (shrink)

Our aim in this entry is to articulate the state of the art in the moral psychology of personal identity. We begin by discussing the major philosophical theories of personal identity, including their shortcomings. We then turn to recent psychological work on personal identity and the self, investigations that often illuminate our person-related normative concerns. We conclude by discussing the implications of this psychological work for some contemporary philosophical theories and suggesting fruitful areas for future work on personal identity.

The article examines Cassirer's complete works as well as his posthumous writings with regard to Heinz Paetzold's thesis that Cassirer's philosophy undergoes a transformation to anthropology in his late work as well as Guido Kreis' thesis that such a transformation of the philosophy of symbols is not possible because it cannot guarantee its own ground. The author demonstrates a continuity in Cassirer's thinking with regard to the topic of anthropology, according to which Cassirer has been dealing with the problem of (...) a metaphysics of the symbolic since at least 1921 and already in 1928 makes an initial determination of man as a being capable of form. The resumption of the anthropological question occurs in 1939 and is in clear continuity with the previous works. The reconstruction of the genesis of An Essay on Man (1944) that follows on from this finally reveals a hitherto well-kept secret of Cassirer-research, namely an answer to the question of why history first appears as a symbolic form in Cassirer's last published work. (shrink)

Two separate research programs have revealed two different factors that feature in our judgments of whether some entity persists. One program—inspired by Knobe—has found that normative considerations affect persistence judgments. For instance, people are more inclined to view a thing as persisting when the changes it undergoes lead to improvements. The other program—inspired by Kelemen—has found that teleological considerations affect persistence judgments. For instance, people are more inclined to view a thing as persisting when it preserves its purpose. Our goal (...) in this paper is to determine what causes persistence judgments. Across four studies, we pit normative considerations against teleological considerations. And using causal modeling procedures, we find a consistent, robust pattern with teleological and not normative considerations directly causing persistence judgments. Our findings put teleology in the driver’s seat, while at the same time shedding further light on our folk notion of an object. (shrink)

The prior issue of Krisis (42:1) publishedCritical Naturalism: A Manifesto, with the aim to instigate a debate of the issues raised in this manifesto – the necessary re-thinking of the role (and the concept) of nature in critical theory in relation to questions of ecology, health, and inequality. Since Krisis considers itself a place for philosophical debates that take contempo-rary struggles as starting point, it issued an open call and solicited responses to the manifesto. This is one of the sixteen (...) selected responses, which augment, specify, or question the assump-tions and arguments of the manifesto. (shrink)

If one follows the accounts by philosophers of science and the discussions in scientific communities, there can be little doubt that failure is an essential part of scientific practice. It is essential both in the sense of being integral to scientific practice and of being necessary for its overall success. Researchers who create new scientific knowledge face uncertainties about the nature of the problem they are trying to solve, the existence of a solution to that problem, the way in which (...) a solution can be found, and their ability to find such a solution (Gläser, 2007, 247). The existence of these uncertainties means, in turn, that each research process carries the risk of failure. (shrink)

A growing body of research has examined how people judge the persistence of identity over time—that is, how they decide that a particular individual is the same entity from one time to the next. While a great deal of progress has been made in understanding the types of features that people typically consider when making such judgments, to date, existing work has not explored how these judgments may be shaped by normative considerations. The present studies demonstrate that normative beliefs do (...) appear to play an important role in people's beliefs about persistence. Specifically, people are more likely to judge that the identity of a given entity remains the same when its features improve than when its features deteriorate. Study 1 provides a basic demonstration of this effect. Study 2 shows that this effect is moderated by individual differences in normative beliefs. Study 3 examines the underlying mechanism, which is the belief that, in general, various entities are essentially good. Study 4 directly manipulates beliefs about essence to show that the positivity bias regarding essences is causally responsible for the effect. (shrink)

Statistical evidence is crucial throughout disparate impact’s three-stage analysis: during (1) the plaintiff’s prima facie demonstration of a policy’s disparate impact; (2) the defendant’s job-related business necessity defense of the discriminatory policy; and (3) the plaintiff’s demonstration of an alternative policy without the same discriminatory impact. The circuit courts are split on a vital question about the “practical significance” of statistics at Stage 1: Are “small” impacts legally insignificant? For example, is an employment policy that causes a one percent disparate (...) impact an appropriate policy for redress through disparate impact litigation? This circuit split calls for a comprehensive analysis of practical significance testing across disparate impact’s stages. Importantly, courts and commentators use “practical significance” ambiguously between two aspects of practical significance: the magnitude of an effect and confidence in statistical evidence. For example, at Stage 1 courts might ask whether statistical evidence supports a disparate impact (a confidence inquiry) and whether such an impact is large enough to be legally relevant (a magnitude inquiry). Disparate impact’s texts, purposes, and controlling interpretations are consistent with confidence inquires at all three stages, but not magnitude inquiries. Specifically, magnitude inquiries are inappropriate at Stages 1 and 3—there is no discriminatory impact or reduction too small or subtle for the purposes of the disparate impact analysis. Magnitude inquiries are appropriate at Stage 2, when an employer defends a discriminatory policy on the basis of its job-related business necessity. (shrink)

The acquisition of virtue can be conceptualized as a self-regulatory process in which deliberate practice results in increasingly higher levels of skillfulness in leading a virtuous life. This conceptualization resonates with philosophical virtue theories as much as it converges with psychological models about skill development, expertise, goal motivation, and self-regulation. Yet, the conceptualization of virtue as skill acquisition poses the crucial question of motivation: What motivates individuals to self-improvement over time so that they can learn from past experience, correct mistakes, (...) and expand their ethical knowledge to new and unfamiliar circumstances? In this paper, it is argued that the motivation to increase one’s level of skillfulness in leading a virtuous life is supported by a specific identity goal, namely the goal to be a moral person. However, this moral identity goal needs to carry specific goal characteristics in order to effectively provide this motivation. It needs to be sufficiently abstract, internally motivated and promotion- rather than prevention-oriented. Research in developmental psychology suggests that the moral identity of children is rather concrete, externally motivated, and prevention-oriented. With development, higher levels of abstraction, internal motivation, and promotion-orientation gain importance providing an important motivational basis for a self-regulated process of virtue acquisition. (shrink)

Legal theorists seek to persuade other jurists of certain theories: Textualism or purposivism; formalism or realism; natural law theory or positivism; prison reform or abolition; universal or particular human rights? Despite voluminous literature about these debates, tremendous uncertainty remains about which views experts endorse. This Article presents the first-ever empirical study of American law professors about legal theory questions. A novel dataset of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding legal theory debates. -/- (...) Law professors also debate questions about the nature of the legal academy. Descriptively, which subjects (e.g. constitutional law) and methods (e.g. law & economics) are most central within the legal academy today? And prescriptively, should today’s legal academy prioritize additional areas (e.g. legislation) or methods (e.g. critical race theory)? There is great interest in these questions but no empirical dataset of experts’ views; this results in uncertainty about which views experts endorse. This Article’s empirical study also clarifies these questions, documenting law professors’ evaluation of over one-hundred areas of law. -/- The legal theory and legal academy findings support implications for legal scholarship, education, and practice. Clearly, debates about law and the legal academy’s evolution should not be settled by a survey. Nevertheless, insofar as law professors are experts about these issues, it is instructive to discover and carefully examine what views those experts hold, so as to help determine which views are most likely to be true and how the legal academy ought to develop. (shrink)

Consciousness is targeted by both philosophers and neuroscientists; but different methodological premises and even different conceptions about what conscious experience is and how the challenges and potential problems associated with consciousness research should be formulated underlie the different approaches. Namely, whereas empirical data and the constant refinement of experimental procedures to expand and modify this body of empirical data and resulting empirical theories are crucial to neuroscience, the significance of empirical knowledge to philosophy is less clear: Although empirical data certainly (...) can influence philosophical concepts, the latter are nonetheless prerequisites of empirical research itself and thus may themselves not be empirically testable. The present paper elaborates from a multidisciplinary, neuroscientist-philosopher’s perspective the relation of philosophical concepts and empirical research on consciousness, drawing on two exemplary controversies from the philosophy of mind – on the ontological status of experiential properties and on free will. Consequences from both the scientific and the philosophical standpoint are discussed. (shrink)

León and Zahavi (2023) have made a compelling case for the necessity of philosophy — and not only neuroscience — for investigating consciousness. In particular, they argue that any theory of consciousness cannot avoid philosophical enquiry and thus only can choose between good or bad philosophy. Also, the topics of self-consciousness and selfhood are highlighted as problems of consciousness sui generis next to the mind–body problem. I will try to elucidate a bit more the specific approaches to consciousness that philosophy (...) and neuroscience take and thus elaborate why the philosophy and the neuroscience of consciousness are complimentary rather than mutually exclusive. (shrink)

This bibliography contains primary and secondary literature on Duns Scotus and Scotism.

»Mit Heideggers Eintreffen in Marburg begann … für das philosophische Denken eine neue Epoche.« – So erinnert sich Hans-Georg Gadamer an Heideggers Marburger Zeit, und nicht nur Heideggers eigenes Schaffen, auch die anhaltende Wirkung von Sein und Zeit und den anderen in Marburg verfassten Schriften und Vorlesungen, geben diesem Diktum recht. Seit diese Texte in der Gesamtausgabe vorliegen, wird immer deutlicher, wie sich Heidegger in Marburg philosophisch entwickelt hat, welche Ideen, Lektüren und Begegnungen diese Zeit prägten und welche Wege Heideggers (...) Denken in Marburg nahm. Als Ergebnis der »Übergangsarbeit« der Marburger Zeit hat Heidegger mit Sein und Zeit einen Text geschaffen, der zur Mitte seines Denkens werden sollte, und dies auch und gerade deshalb, weil dieses Werk Heideggers unvollendet geblieben ist. In einer Anmerkung zur letzten Seite heißt es in diesem Sinne, das Buch stelle einen Weg des Denkens da, aber »nicht ›den‹ einzigen«. Dass Sein und Zeit das in der Einleitung gesteckte Ziel nicht erreicht und Fragment geblieben ist, ist nur ein Anzeichen für die Komplexität, die wesentliche Schwierigkeit und innere Spannung der Themen, Argumente und Konstellationen, mit denen Heidegger sich in Marburg beschäftigt hat. ... (shrink)

Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross‐cultural principles of law? In a between‐subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible laws), and also (...) whether there are any such laws. Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws. These results document cross‐culturally and –linguistically robust beliefs about the concept of law which defy people's grasp of how legal systems function in practice. (shrink)

In the current philosophy of perception, a debate about whether concepts permeate perceptual states in constituting the perceptual object or not has been widely discussed. Analytic philosophers and phenomenologists participate in this debate likewise, but it is also a debate in Kantian scholarship since the conceptualists’ thesis goes back to Kant’s Criticism and neo-Kantians already discussing such theory against any philosophy of immediate experience long before Wilfrid Sellars had started his attack against the so-called myth of the given. In light (...) of this historical panorama, the article reconstructs Ernst Cassirer’s views on perception in order to systematically reject both Conceptualism and Non-Conceptualism. It can be shown that both positions are uncritical stances which make claims to either the absoluteness of language or perception and that much-discussed arguments such as the fineness of grain argument rely on a category mistake. The proposed solution is a view that upholds the criticism against the myth of the given, but replaces the idea of a conceptual mediation of perceptual experience with a symbolic mediation. As a consequence, perception must perform a paradoxical feat and has thus to be elastic. (shrink)