Many social situations require a mental model of the knowledge, beliefs, goals, and intentions of others: a Theory of Mind (ToM). If a person can reason about other people’s beliefs about his own beliefs or intentions, he is demonstrating second-order ToM reasoning. A standard task to test second-order ToM reasoning is the second-order false belief task. A different approach to investigating ToM reasoning is through its application in a strategic game. Another task that is believed to involve the application of (...) second-order ToM is the comprehension of sentences that the hearer can only understand by considering the speaker’s alternatives. In this study we tested 40 children between 8 and 10 years old and 27 adult controls on (adaptations of) the three tasks mentioned above: the false belief task, a strategic game, and a sentence comprehension task. The results show interesting differences between adults and children, between the three tasks, and between this study and previous research. (shrink)

This paper seeks to clarify and defend the proposition that moral realism is best elaborated as a moral doctrine. I begin by upholding Ronald Dworkin’s anti-Archimedean critique of the error theory against some strictures by Michael Smith, and I then briefly suggest how a proponent of moral realism as a moral doctrine would respond to Smith’s defense of the Archimedeanism of expressivism. Thereafter, this paper moves to its chief endeavor. By differentiating clearly between expressivism and quasi-realism, the paper highlights both (...) their distinctness and their compatibility. In so doing, it underscores the affinities between Blackburnian quasi-realism and moral realism as a moral doctrine. Finally, this paper contends—in line with my earlier work on these matters—that moral realism as a moral doctrine points to the need for some reorienting of meta-ethical enquiries rather than for the abandoning of them. (shrink)

In the first part of this paper, I will briefly introduce the concept of incongruity and its relation to humor and seriousness, connecting the ideas of Arthur Schopenhauer and the contemporary work of John Morreall. I will reveal some of the relations between Schopenhauer's notion of "seriousness" and the existentialists such as Jean Paul Sartre, Simone Be Beauvoir, and Lewis Gordon. In section II, I will consider the relationship between playfulness and incongruity, noting the role that enjoyment of incongruity plays (...) in creative, non-dogmatic thinking. In section III, I will critique Morreall's arguments against the efficacy of humor as a means of serious protest, analyzing the complex relationship between the ambiguous terms "seriousness" and "playfulness". In the final section, I contend that Morreall's conception of humor, with which I generally agree, fails to adequately address subversive humor. He is cognizant of the benefits of a humorous attitude and of the work of rebellious groups who use humor, but his insistence that the play mode of humor precludes emotional attachment and practical concern, renders his philosophical analysis of humor far less comprehensive than his title suggests. I will make the case, contra Morreall, and he is the most prominent of many humor theorists who make similar points, that some humor in play mode is non-existentially, non-gravely serious, and intends to do more than simply "delight" audiences; the subversive humorist, in particular, is attempting to disclose and transmit information in such a way as to create change in both attitudes and practical social interactions. (shrink)

“ A man orders a whole pizza pie for himself and is asked whether he would like it cut into eight or four slices. He responds, ‘Four, I’m on a diet ”’ (Noël Carroll) -/- While not hilarious --so funny that it induces chortling punctuated with outrageous vomiting--this little gem is amusing. We recognize that something has gone wrong. On a first reading it might not compute, something doesn’t quite make sense. Then, aha! , we understand the hapless dieter has (...) misapplied general rules of thumb, mental short-cuts, or heuristics, that we were also initially committed to and that would usually be good enough to rely upon— fewer slices equals fewer calories; diets require fewer calories, etc—but in this particular case they fail, and the feeling of mirth is our reward for making this discovery. We don’t say all of that after a punchline, of course, but that’s what is happening according to the Humor as Error-Detection Theory : our sense of humor can sense our errors. This chapter will focus on the overlap and benefits of a humorous and philosophical attitude toward the world and our place in it. The historian of philosophy Will Durant tells us that genuine philosophy begins when one learns to doubt; we can say something similar with humor--trust me. (shrink)

It is plausible to think that it is wrong to cure many people’s headaches rather than save someone else’s life. On the other hand, it is plausible to think that it is not wrong to expose someone to a tiny risk of death when curing this person’s headache. I will argue that these claims are inconsistent. For if we keep taking this tiny risk then it is likely that one person dies, while many others’ headaches are cured. In light of (...) this inconsistency, there is a conflict in our intuitions about beneficence and chance. This conflict is perplexing. And I have not been able to find a satisfactory way of resolving it. Perhaps you can do better? (shrink)

The discovery of mirror neurons in both primates and humans has led to an enormous amount of research and speculation as to how conscious beings are able to interact so effortlessly among one another. Mirror neurons might provide an embodied basis for passive synthesis and the eventual process of further communalization through empathy, as envisioned by Edmund Husserl. I consider the possibility of a phenomenological and scientific investigation of laughter as a point of connection that might in the future bridge (...) the gap Husserl feared had grown too expansive between the worlds of science and philosophy. Part I will describe some implications of the discovery of mirror neurons. Part II will address Husserl’s concept of embodiment as it relates to neuroscience and empathy. Part III will be a primer to investigating laughter phenomenologically. Part IV will be a continuation of the study of laughter and empathy as possible elements helpful in broadening the scope of what Husserl calls the Life-World. (shrink)

In this article we examine obsessive compulsive disorder (OCD). We examine and reject two existing models of this disorder: the Dysfunctional Belief Model and the Inference‐Based Approach. Instead, we propose that the main distinctive characteristic of OCD is a hyperactive sub‐personal signal of being in error, experienced by the individual as uncertainty about his or her intentional actions (including mental actions). This signalling interacts with the anxiety sensitivities of the individual to trigger conscious checking processes, including speculations about possible harms. (...) We examine the implications of this model for the individual's capacity to control his or her thoughts. (shrink)

So-called money pump arguments aim to show that intransitive preferences are irrational because they will lead someone to accept a series of deals that leaves his/her financially worse off and better off in no respect. A common response to these arguments is the foresight response, which counters that the agent in question may see the exploitation coming, and refuse to trade at all. To obviate this response, I offer a “deluxe money pump argument” that applies dominance reasoning to a modified (...) money pump case. (shrink)

It is an important feature of creatures like us that our various motivations compete for control over our behaviour, including mental behaviour such as imagining and attending. In large part, this competition is adjudicated by the stimulation of affect — the intrinsically pleasant or unpleasant aspects of experience. In this paper I argue that the motivation-affect system controls a sub-type of attention called 'alerting attention' to bring various goals and stimuli to consciousness and thereby prioritize those contents for action. This (...) view allows me to flesh out the global workspace theory of consciousness, as well as some of the phenomenal characteristics of conscious experience. (shrink)

This paper begins by taking seriously former slave and abolitionist Frederick Douglass’ response in his What to the Slave is the Fourth of July? to systematic violence and oppression. He claims that direct argumentation is not the ideal mode of resistance to oppression: “At a time like this, scorching irony, not convincing argument, is needed.” I will focus on a few elements of this playful mode of resistance that conflict with the more straightforward strivings for abstract, universal, objective, convergent, absolute (...) thinking that champions reason over emotion, logic over narrative, and science over lived experience. In contrast, the type of protest employed by people like Douglass can utilize aesthetics and logic, playfulness and seriousness, emotion, even anger, and reason. Douglass provides examples of humorous, sincere parrhesia, oscillating between the lexicon of the dominant sphere and the critical reflection from a trickster on the margins. This will require an analysis of Michel Foucault’s conception of parrhesia: courageous truth-telling in the face of powerful people or institutions. It is a study of humor in the parrhesiastes, an element I think neglected by Foucault. I argue that the humorous parrhesiastes offers a mode of resistance which can subvert oppressive power structures that perpetuate injustice, revealing the fact that humor can be integral in courageous truth-telling. (shrink)

This article investigates the relationships between forms of humor that conjure up possible worlds and real-world social critiques. The first part of the article will argue that subversive humor, which is from or on behalf of historically and continually marginalized communities, constitutes a kind of aesthetic experience that can elicit enjoyment even in adversarial audiences. The second part will be a connecting piece, arguing that subversive humor can be constructed as brief narrative thought experiments that employ the use of fictionalized (...) scenarios to facilitate an open, playful attitude, encouraging a space for collaborative interpretation. This interaction between humorist and audience is an aesthetic experience that is enjoyable in and of itself, as the feelings of mirth are intrinsically valuable. But connected to the “Ha-ha!” experience of these sorts of humorous creations is an “Aha!” or potentially revelatory experience that is a mixture of cognitive comprehension and motivated (emotional) response. The third part of the article will attempt to go beyond the consciousness-raising element with an account of how such possible worlds created in the realm of imagination through subversive humor can bleed into the real world of flesh and blood people. Finally, an example of subversive humor will be analyzed. (shrink)

How wrong is it to deceive someone into sex by lying, say, about one's profession? The answer is seriously wrong when the liar's actual profession would be a deal breaker for the victim of the deception: this deception vitiates the victim's sexual consent, and it is seriously wrong to have sex with someone while lacking his or her consent.

If we were to connect two individuals’ brains together, how would this affect the individuals’ conscious experiences? In particular, it is possible for two people to share any of their conscious experiences; to simultaneously enjoy some token experiences while remaining distinct subjects? The case of the Hogan twins—craniopagus conjoined twins whose brains are connected at the thalamus—seems to show that this can happen. I argue that while practical empirical methods cannot tell us directly whether or not the twins share conscious (...) experiences, considerations about the locality of content processing in the brain entails that they most likely do so. (shrink)

In this article I take an unusual starting point from which to argue for a unified cognitive science, namely a position defined by what is sometimes called the ‘life-mind continuity thesis’. Accordingly, rather than taking a widely accepted starting point for granted and using it in order to propose answers to some well defined questions, I must first establish that the idea of life-mind continuity can amount to a proper starting point at all. To begin with, I therefore assess the (...) conceptual tools which are available to construct a theory of mind on this basis. By drawing on insights from a variety of disciplines, especially from a combination of existential phenomenology and organism-centered biology, I argue that mind can indeed be conceived as rooted in life, but only if we accept at the same time that social interaction plays a constitutive role for our cognitive capacities. (shrink)

Deflationists believe that the question “What is truth?” should be answered not by means of a metaphysical inquiry into the nature of truth, but by figuring out what use we make of the concept of truth, and the word ‘true’, in practice. This article accepts this methodology, and it thereby rejects pluralism about truth that is driven by ontological considerations. However, it shows that there are practical considerations for a pluralism about truth, formulated at the level of use. The theory (...) expounded by this article states that truth is a dual-purpose tool; it can be used as a device for transferring justificatory burdens and, for select areas of discourse, it can also be used as a standard, a norm. This contrast in how truth is used introduces a bifurcation in our discourse that is reminiscent of metaphysical divides traced by more traditional versions of alethic pluralism. However, my pluralism “at the level of use” states that truth is plural solely at the level of use. It is unified at both the conceptual as well as the metaphysical level. At those levels, the theory takes its cue from deflationism. As such, this theory is offered as a midway point and as a potential way forward in the debate between deflationism and pluralism. (shrink)

On the basis of psychological research, a group of philosophers known as 'situationists' argue that the evidence belies the existence of broad and stable (or 'global') character traits. They argue that this condemns as psychologically unrealistic those traditions in moral theory in which global virtues are upheld as ideals. After a survey of the debate to date, this article argues that the thesis of situationism is ill-supported by the available evidence. Situationists overlook the explanatory potential of a large class of (...) global character traits, namely, vices that do not involve other-directed malevolence, such as laziness, cowardice, and selfishness. A detailed discussion of the relevant empirical studies bearing on moral psychology shows that the behavioral patterns observed in these studies are consistent with the widespread possession of such non-malicious vices. This means, contrary to the situationist thesis, that the empirical record is fully compatible with the common existence of global character traits. (shrink)

Many theorists have defended the claim that collective entities can attain genuine agential status. If collectives can be agents, this opens up a further question: can they be conscious? That is, is there something that it is like to be them? Eric Schwitzgebel argues that yes, collective entities, may well be significantly conscious. Others, including Kammerer, Tononi and Koch, and List reject the claim. List does so on the basis of Tononi’s Integrated Information Theory of consciousness. I argue here that (...) List’s rejection is too quick, and that groups can, at least in principle, display the kind of informational integration we might think is necessary for consciousness. However, group consciousness will likely differ substantially from the individual experiences that give rise to it. This requires the defender of group consciousness to face up to a similar combination problem as the panpsychist. (shrink)

Nearly everyone prefers pain to be in the past rather than the future. This seems like a rationally permissible preference. But I argue that appearances are misleading, and that future-biased preferences are in fact irrational. My argument appeals to trade-offs between hedonic experiences and other goods. I argue that we are rationally required to adopt an exchange rate between a hedonic experience and another type of good that stays fixed, regardless of whether the hedonic experience is in the past or (...) future. (shrink)

This chapter discusses vagueness in ethics.

Pragmatism and the correspondence theory of truth are longtime foes. Nevertheless, there is an argument to be made that pragmatists must embrace truth as correspondence. I show that there is a distinctive pragmatic utility to taking truth to be correspondence, and I argue that it would be inconsistent for pragmatists to accept the utility of the belief that truth is correspondence while resisting the premise that this belief is correct. -/- In order to show how pragmatists can embrace truth as (...) correspondence, I develop a kind of alethic pluralism, which treats pragmatist truth as theoretically fundamental to truth as correspondence. This theoretical fundamentality of pragmatist truth allows the pragmatist to conditionally accept truth as correspondence for certain discourses without falling prey to the typical pragmatist objections to correspondence. This pluralist account of truth thus allows pragmatists to concede that, for certain domains of discourse, truth is correspondence, without thereby betraying their pragmatist principles. (shrink)

A "good" arguer is like an architect with a penchant for civil and civic engineering. Such an arguer can design and present their reasons artfully about a variety of topics, as good architects do with a plenitude of structures and in various environments. Failures in this are rarely hidden for long, as poor constructions reveal themselves, often spectacularly, so collaboration among civical engineers can be seen as a virtue. Our logical virtues should be analogous. When our arguments fail due to (...) being uncivil and demagogic, since we inhabit the arguments we build, we are all crushed beneath our flawed reasoning. This mixed metaphor takes us to a self-referential analysis of argumentation, analogy, and humor. I argue that good argumentation strives to collaboratively convince rather than belligerently persuade. A convincing means toward this end is through humorous analogical arguments, whether the matter at hand is ethical, logical, theological, phenomenological, epistemological, metaphysical, political, or about baseball. (shrink)

You are morally permitted to save your friend at the expense of a few strangers, but not at the expense of very many. However, there seems no number of strangers that marks a precise upper bound here. Consequently, there are borderline cases of groups at the expense of which you are permitted to save your friend. This essay discusses the question of what explains ethical vagueness like this, arguing that there are interesting metaethical consequences of various explanations.

This paper explores the idea that popular narrative film can somehow contribute to our philosophical understanding. I identify a number of problems with this 'film as philosophy' thesis and argue that the capacity of film to contribute to philosophy is not as great as many authors think. Specifically, I argue that film can only offer genuinely distinctive insights into philosophical questions *about film* and explore Hitchcock's Rear Window as an example of this.

This short article is a “conversation” in which an android, Mort, replies to Richard Marc Rubin’s android named Sol in “The Robot Sol Explains Laughter to His Android Brethren” (The Philosophy of Humor Yearbook, 2022). There Sol offers an explanation for how androids can laugh--largely a reaction to frustration and unmet expectations: “my account says that laughter is one of four ways of dealing with frustration, difficulties, and insults. It is a way of getting by. If you need to label (...) my conception of humor, you might call it an adjustment theory, or perhaps an accommodation theory” (Rubin 256). Mort is intrigued but has his doubts. Mort contends that synesthesia likely has something to do with how humans develop humor. Perhaps, he considers, human designers crossed the androids' sensory wires, allowing them to be able to smash up concepts that do not otherwise seem to fit together, reconstruct incongruities in a manner that is not nonsensical, express the aha-eureka moment of a serendipitous discovery, and even feel blue when they fail at a given task that we were expected to complete. (shrink)

In this paper, we develop an analysis of the structure and content of loneliness. We argue that this is an emotion of absence-an affective state in which certain social goods are regarded as out of reach for the subject of experience. By surveying the range of social goods that appear to be missing from the lonely person's perspective, we see what it is that can make this emotional condition so subjectively awful for those who undergo it, including the profound sense (...) of being unable to realise oneself, in collaboration with others. (shrink)

In an influential paper, L. A. Paul argues that one cannot rationally decide whether to have children. In particular, she argues that such a decision is intractable for standard decision theory. Paul's central argument in this paper rests on the claim that becoming a parent is ``epistemically transformative''---prior to becoming a parent, it is impossible to know what being a parent is like. Paul argues that because parenting is epistemically transformative, one cannot estimate the values of the various outcomes of (...) a decision whether to become a parent. In response, we argue that it is possible to estimate the value of epistemically transformative experiences. Therefore, there is no special difficulty involved in deciding whether to undergo epistemically transformative experiences. Insofar as major life decisions do pose a challenge to decision theory, we suggest that this is because they often involve separate, familiar problems. (shrink)

The anglophone philosophy profession has a well-known problem with gender equity. A sig-nificant aspect of the problem is the fact that there are simply so many more male philoso-phers than female philosophers among students and faculty alike. The problem is at its stark-est at the faculty level, where only 22% - 24% of philosophers are female in the United States (Van Camp 2014), the United Kingdom (Beebee & Saul 2011) and Australia (Goddard 2008).<1> While this is a result of the (...) percentage of women declining at each point through-out the standard career trajectory, recent large-scale studies in the United States (Paxton et al. 2012) and Australia (Goddard et al. 2008) have identified a key drop-off point as the transi-tion between taking introductory classes and majoring in philosophy. So why do dispropor-tionately few female students choose to major in philosophy? (shrink)

Conservatives claim that all phenomenal properties are sensory. Liberals countenance non-sensory phenomenal properties such as what it’s like to perceive some high-level property, and what it’s like to think that p. A hallmark of phenomenal properties is that they present an explanatory gap, so to resolve the dispute we should consider whether experience has non-sensory properties that appear ‘gappy’. The classic tests for ‘gappiness’ are the invertibility test and the zombifiability test. I suggest that these tests yield conflicting results: non-sensory (...) properties lend themselves to zombie scenarios but not to inversion scenarios. Which test should we trust? Against Carruthers & Veillet (2011), I argue that invertibility is not a viable condition of phenomenality. In contrast, being zombifiable is credibly necessary and sufficient for phenomenality. I conclude that there are non-sensory properties of experience that are ‘gappy’ in the right way, and that liberalism is therefore the most plausible position. (shrink)

I argue that while the feeling of bodily responses is not necessary to emotion, these feelings contribute significant meaningful content to everyday emotional experience. Emotional bodily feelings represent a ‘state of self’, analysed as a sense of one's body affording certain patterns of interaction with the environment. Recognising that there are two sources of intentional content in everyday emotional experience allows us to reconcile the diverging intuitions that people have about emotional states, and to understand better the long-standing debate between (...) bodily feeling-based and appraisal-based theories of emotion. (shrink)

Abstract: I argue that practically all vague language is context-sensitive in a covert and unfamiliar way. I first outline a novel puzzle concerning the interaction of conditionals and vagueness. I then argue that the best way of resolving the puzzle is through positing context-sensitive penumbral connections between sundry parts of language. I argue that these penumbral connections shift through a distinct form of Lewisian accommodation. The upshot is that meaning is a far shiftier thing than has typically been thought.

Why is there female under-representation among philosophy majors? We survey the hypotheses that have been proposed so far, grouping similar hypotheses together. We then propose a chronological taxonomy that distinguishes hypotheses according to the stage in undergraduates’ careers at which the hypotheses predict an increase in female under-representation. We then survey the empirical evidence for and against various hypotheses. We end by suggesting future avenues for research.

In two very influential papers from 2008, Tamar Gendler introduced the concept of “alief” to describe the mental state one is in when acting in ways contrary to their consciously professed beliefs. For example, if asked to eat what they know is fudge, but shaped into the form of dog feces, they will hesitate, and behave in a manner that would be consistent with the belief that the fudge is really poop. They alieve that it is disgusting, while they believe (...) it is not. This paper investigates laughter from self-proclaimed egalitarian, tolerant folk, in response to oppressive jokes that might fit the alief-model. If I merely alieve the content of a joke at which I laugh, will that constitute morally exculpating reasons for such laughter? And what else might it imply? This paper will provide insights at the intersections of humor studies, ethics, epistemology, phenomenology, and the philosophy of mind, all while being moderately and appropriately amusing. (shrink)

This book defends Aestheticism- the claim that everything is aesthetically valuable and that a life lived in pursuit of aesthetic value can be a particularly good one. Furthermore, in distilling aesthetic qualities, artists have a special role to play in teaching us to recognize values; a critical component of virtue. I ground my account upon an analysis of aesthetic value as ‘objectified final value’, which is underwritten by an original psychological claim that all aesthetic values are distal versions of practical (...) values. This is followed by systematic accounts of beauty, sublimity, comedy, drama, and tragedy, as well as appendix entries on the cute, the cool, the kitsch, the uncanny, the horrific, the erotic, and the furious. (shrink)

I claim that the significance of comic works to influence our attitudes is limited by the conditions under which we find things funny. I argue that we can only find something funny if we regard it as norm-violating in a way that doesn’t make certain cognitive or pragmatic demands upon us. It is compatible with these conditions that humour reinforces our attitude that something is norm-violating. However, it is not compatible with these conditions that, on the basis of finding it (...) funny, we come to reject some existing attitude. Such a rejection would require that we recognize our attitude as norm-violating in a way that has pragmatic force. Thus if a humorous work reveals the absurdity of something, we can either find it funny and not have our attitudes significantly influenced, or else be significantly influenced but not find it funny. (shrink)

We introduce two concepts—social certainty and social doubt—that help to articulate a variety of experiences of the social world, such as shyness, self-consciousness, culture shock, and anxiety. Following Carel's (2013) analysis of bodily doubt, which explores how a person's tacit confidence in the workings of their body can be disrupted and undermined in illness, we consider how an individual's faith in themselves as a social agent, too, can be compromised or lost, thus altering their experience of what is afforded by (...) the social environment. We highlight how a loss of bodily or social certainty can be shaped and sustained by the environments in which one finds oneself. As such, we show how certain individuals might be more vulnerable to experiences of bodily and social doubt than others. (shrink)

In the middle of the last century, it was common to explain the notion of necessity in linguistic terms. A necessary truth, it was said, is a sentence whose truth is guaranteed by linguistic rules. Quine famously argued that, on this view, de re modal claims do not make sense. “Porcupettes are porcupines” is necessarily true, but it would be a mistake to say of a particular porcupette that it is necessarily a porcupine, or that it is possibly purple. Linguistic (...) theories of necessity fell out of favour with the publication of Kripke’s Naming and Necessity, and Quine’s arguments were put aside. In her recent book, Norms and Necessity, Amie Thomasson presents her modal normativism, which is an updated version of the mid-century theories just described. Quine’s arguments are thus relevant once again. We recapitulate Quine’s central argument, in the context of modal normativism. We then criticise Amie Thomasson’s discussion of de re modality. We finish by briefly presenting an alternative account of de re modal statements, which is compatible with modal normativism. (shrink)

In this essay, I discuss why consent is invalidated by duress that involves attaching penalties to someone's refusal to give consent. At the heart of my explanation is the Complaint Principle. This principle specifies that consent is defeasibly invalid when the consent results from someone conditionally imposing a penalty on the consent‐giver's refusal to give the consent, such that the consent‐giver has a legitimate complaint against this imposition focused on how it is affects their incentives for consenting. The Complaint Principle (...) says that this consent is defeasibly invalid to make room for the Authorization Principle, which allows sincere authorizations to constitute valid consent, even when these are issued by an agent acting under duress. The Authorization Principle has application only in cases of third‐party duress because when the consent‐receiver is the source of the duress, the consent‐giver is not sincerely authorizing the action. (shrink)

What is personhood? What do we want it to be? Blumenthal-Barby (2024) offers an answer to the first question: personhood is an unhelpful, harmful, and pernicious concept in the bioethical setting....

Collection of historical, theoretical and applied articles on the ethical considerations in the treatment of animals by human beings.

Moral indeterminacy can be problematic: prospectively it can give rise to deliberative anguish, and retrospectively, it can leave us in a limbo as to what attitudes it is appropriate to form with respect to past actions with indeterminate moral status. These problems give us reason to resolve ethical indeterminacy. One mechanism for doing so involves the use of our normative powers to place obligations on ourselves and to waive our claims against others. This mechanism could operate through an explicit agreement, (...) but could also operate through implicit endorsement of a social convention. However, there are important limits on when the mechanism can eliminate moral indeterminacy. (shrink)

A classic objection to act-consequentialism is that it is overdemanding: it requires agents to bear too many costs for the sake of promoting the impersonal good. I develop the complementary objection that act-consequentialism is underdemanding: it fails to acknowledge that agents have moral reasons to bear certain costs themselves, even when it would be impersonally better for others to bear these costs.

Most of us are “time-biased” in preferring pains to be past rather than future and pleasures to be future rather than past. However, it turns out that if you are risk averse and time-biased, then you can be turned into a “pain pump”—in order to insure yourself against misfortune, you will take a series of pills which leaves you with more pain and better off in no respect. Since this vulnerability seems rationally impermissible, while time-bias and risk aversion seem rationally (...) permissible, we are left with a puzzle. (shrink)

In Legality Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H.L.A. Hart's jurisprudential theory. Hart maintained that every legal system is underlain by a rule of recognition through which officials of the system identify the norms that belong to the system as laws. Shapiro argues that Hart's remarks on the rule of recognition are confused and that his model of lawis consequently untenable. Shapiro contends that a (...) new approach is vital for progress in the philosophy of law and, with his lengthy presentation of his own Planning Theory of Law, he aspires to pioneer just such an approach. Except for a very terse observation in the final main section, this article does not directly assess the strengths and shortcomings of Shapiro's piquant planning theory. Instead, I defend Hart against Shapiro's charges and thereby undermine the motivation for the development of the planning theory. (shrink)

According to the Behavioral View of consent, consent must be expressed in behavior in order to release someone from a duty. By contrast, the Mental View of consent is that normatively efficacious consent is entirely mental. In previous work, I defended a version of the Behavioral View, according to which normatively efficacious ‘consent always requires public behavior, and this behavior must take the form of communication in the case of high-stakes consent’. In this essay, I respond to two arguments by (...) proponents of the Mental View. First, Larry Alexander, Heidi Hurd and Peter Westen have argued that my view has mistaken implications concerning the culpability of different actors. I counter that my version of the view does not have these implications, as it leaves us free to draw moral and legal distinctions between different offences involving non-consensual behavior. Second, Larry Alexander and Kimberly Ferzan have argued for an analogy between consent and abandonment: on the grounds that the normative power to abandon resides in one’s will, Alexander and Ferzan concludes consent does too. I counter that abandonment requires behavior, and call into question the assumption that the ethics of property have much to teach us about the ethics of sexual consent. (shrink)

According to the “Textbook View,” there is an extensional dispute between consequentialists and deontologists, in virtue of the fact that only the latter defend “agent-relative” principles—principles that require an agent to have a special concern with making sure that she does not perform certain types of action. I argue that, contra the Textbook View, there are agent-neutral versions of deontology. I also argue that there need be no extensional disagreement between the deontologist and consequentialist, as characterized by the Textbook View.

Oppression is easily recognized. That is, at least, when oppression results from overt, consciously professed racism, for example, in which violence, explicit exclusion from economic opportunities, denial of adequate legal access, and open discrimination perpetuate the subjugation of a group of people. There are relatively clear legal remedies to such oppression. But this is not the case with covert oppression where the psychological harms and resulting legal and economic exclusion are every bit as real, but caused by concealed mechanisms subtly (...) and systematically employed. In many cases, those with power and privilege use cultural stereotypes in order to sustain an unjust status quo. This is so even if the biases are implicit, automatic, and contrary to the consciously professed beliefs of the stereotyper. Furthermore, since many of these biases are not consciously reasoned into one's system of beliefs, and since they are notoriously difficult to bring to consciousness and dislodge via direct, logical confrontation, some other creative means of resistance is needed. I argue that an indirect and imaginative route through subversive humor offers a means to raise consciousness about covert oppression and the mechanisms underlying it, reveal the errors of those with power who complacently sustain systematic oppression, and even open those people up to changing their minds. Subversive humor confronts serious matters, but in a playful manner that fosters creative and critical thinking, and cultivates a desire and skill for recognizing incongruities between our professed ideals and a reality that does not meet those standards. Successful subversive wits create fictional scenarios that highlight such moral incongruities, but, like philosophical thought experiments, they reveal a moral truth that also holds in the real world. Such humor offers opportunities for "border crossing" where the audience is encouraged to see from the perspectives of marginalized people who, because they inhabit ambiguous spaces in between the dominant and subordinate spheres, are in an epistemically privileged position with respect to matters of oppression. Subversive humorists open their audiences to the lived experiences of others, uncover the absurdities of otherwise covert oppression, and appeal to our desire to be truthful and just. (shrink)