The following is a transcript of the interview I (Yasuko Kitano) conducted with Neil Levy (The Centre for Applied Philosophy and Public Ethics, CAPPE) on the 23rd in July 2009, while he was in Tokyo to give a series of lectures on neuroethics at The University of Tokyo Center for Philosophy. I edited his words for publication with his approval.

Philosophical orthodoxy has it that intentional action consists in one’s intention appropriately causing a motion of one’s body, placing the latter as (conceptually and/or metaphysically) prior to the former. Here I argue that this standard schema should be reversed: acting intentionally is at least conceptually prior to intending. The argument is modelled on a Williamsonian argument for the priority of knowledge developed by Jenifer Nagel. She argues that children acquire the concept KNOWS before they acquire BELIEVES, building on this alleged (...) developmental priority of knowledge to establish its conceptual priority. I start by taking a closer look at Nagel’s argument, canvassing extant objections to do both with the empirical adequacy of her claims and their philosophical implications. Doing so allows me in the second part of the paper to draw lessons that inform the construction of a revamped parallel argument for the priority of ACTS INTENTIONALLY. (shrink)

A number of concerns have been raised about the possible future use of pharmaceuticals designed to enhance cognitive, affective, and motivational processes, particularly where the aim is to produce morally better decisions or behavior. In this article, we draw attention to what is arguably a more worrying possibility: that pharmaceuticals currently in widespread therapeutic use are already having unintended effects on these processes, and thus on moral decision making and morally significant behavior. We review current evidence on the moral effects (...) of three widely used drugs or drug types: propranolol, selective serotonin reuptake inhibitors, and drugs that effect oxytocin physiology. This evidence suggests that the alterations to moral decision making and behavior caused by these agents may have important and difficult-to-evaluate consequences, at least at the population level. We argue that the moral effects of these and other widely used pharmaceuticals warrant further empirical research and ethical analysis. (shrink)

Recent work in neuroimaging suggests that some patients diagnosed as being in the persistent vegetative state are actually conscious. In this paper, we critically examine this new evidence. We argue that though it remains open to alternative interpretations, it strongly suggests the presence of consciousness in some patients. However, we argue that its ethical significance is less than many people seem to think. There are several different kinds of consciousness, and though all kinds of consciousness have some ethical significance, different (...) kinds underwrite different kinds of moral value. Demonstrating that patients have phenomenal consciousness — conscious states with some kind of qualitative feel to them — shows that they are moral patients, whose welfare must be taken into consideration. But only if they are subjects of a sophisticated kind of access consciousness — where access consciousness entails global availability of information to cognitive systems — are they persons, in the technical sense of the word employed by philosophers. In this sense, being a person is having the full moral status of ordinary human beings. We call for further research which might settle whether patients who manifest signs of consciousness possess the sophisticated kind of access consciousness required for personhood. (shrink)

Recently, various philosophers have argued that we can obtain knowledge via the imagination. In particular, it has been suggested that we can come to know concrete, empirical matters of everyday significance by appropriately imagining relevant scenarios. Arguments for this thesis come in two main varieties: black box reliability arguments and constraints-based arguments. We suggest that both strategies are unsuccessful. Against black-box arguments, we point to evidence from empirical psychology, question a central case-study, and raise concerns about a (claimed) evolutionary rationale (...) for the imagination's reliability. Against the constraints-based account, we argue that to the extent that it works, this does not give rise to knowledge that is distinctively from the imagination. We conclude by suggesting that the imagination's role in raising possibilities, traditionally seen as part of the context of discovery, can in fact play a role in justification, including as a bulwark against certain sorts of skepticism. (shrink)

There has been a resurgence of interest lately within philosophy of mind and action in the category of mental action. Against this background, the present paper aims to question the very possibility, or at least the theoretical significance, of teasing apart mental and bodily acts. After raising some doubts over the viability of various possible ways of drawing the mental act/bodily act distinction, the paper draws some lessons from debates over embodied cognition, which arguably further undermine the credibility of the (...) distinction. The insignificance of the distinction is demonstrated in part by showing how the focus on ‘inner’ acts hampers fruitful discussion of Galen Strawson’s skepticism of mental agency. Finally, the possibility is discussed that a distinction between covert and overt action should supplant the one between mental and bodily action. (shrink)

Evolutionary debunking arguments appeal to selective etiologies of human morality in an attempt to undermine moral realism. But is morality actually the product of evolution by natural selection? Although debunking arguments have attracted considerable attention in recent years, little of it has been devoted to whether the underlying evolutionary assumptions are credible. In this paper, we take a closer look at the evolutionary hypotheses put forward by two leading debunkers, namely Sharon Street and Richard Joyce. We raise a battery of (...) considerations, both empirical and theoretical, that combine to cast doubt on the plausibility of both hypotheses. We also suggest that it is unlikely that there is in the vicinity a plausible alternative hypothesis suitable for the debunker’s cause. (shrink)

Actions performed in a state of automatism are not subject to moral evaluation, while automatic actions often are. Is the asymmetry between automatistic and automatic agency justified? In order to answer this question we need a model or moral accountability that does justice to our intuitions about a range of modes of agency, both pathological and non-pathological. Our aim in this paper is to lay the foundations for such an account.

I distinguish three theses associated with the new mechanistic philosophy – concerning causation, explanation and scientific methodology. Advocates of each thesis are identified and relationships among them are outlined. I then look at some recent work on natural selection and mechanisms. There, attention to different kinds of New Mechanism significantly affects of what is at stake.

In this chapter, we argue for three theses: (1) we lack the power to form beliefs at will (i.e., directly); at very least, we lack the power to form at will beliefs of the kind that proponents of doxastic voluntarism have in mind; but (2) we possess a propensity to form beliefs for non-epistemic reasons; and (3) these propensities—once we come to know we have them—entail that we have obligations similar to those we would have were doxastic voluntarism true. Specifically, (...) we will argue that we have obligations to avoid triggering these propensities to form beliefs that are unwarranted or even immoral. (shrink)

Many biological investigations are organized around a small group of species, often referred to as ‘model organisms’, such as the fruit fly Drosophila melanogaster. The terms ‘model’ and ‘modelling’ also occur in biology in association with mathematical and mechanistic theorizing, as in the Lotka–Volterra model of predator-prey dynamics. What is the relation between theoretical models and model organisms? Are these models in the same sense? We offer an account on which the two practices are shown to have different epistemic characters. (...) Theoretical modelling is grounded in explicit and known analogies between model and target. By contrast, inferences from model organisms are empirical extrapolations. Often such extrapolation is based on shared ancestry, sometimes in conjunction with other empirical information. One implication is that such inferences are unique to biology, whereas theoretical models are common across many disciplines. We close by discussing the diversity of uses to which model organisms are put, suggesting how these relate to our overall account. 1 Introduction2 Volterra and Theoretical Modelling3 Drosophila as a Model Organism4 Generalizing from Work on Model Organisms5 Phylogenetic Inference and Model Organisms6 Further Roles of Model Organisms6.1 Preparative experimentation6.2 Model organisms as paradigms6.3 Model organisms as theoretical models6.4 Inspiration for engineers6.5 Anchoring a research community7 Conclusion. (shrink)

Moral realism is often taken to have common sense and initial appearances on its side. Indeed, by some lights, common sense and initial appearances underlie all the central positive arguments for moral realism. We offer a kind of debunking argument, taking aim at realism’s common sense standing. Our argument differs from familiar debunking moves both in its empirical assumptions and in how it targets the realist position. We argue that if natural selection explains the objective phenomenology of moral deliberation and (...) judgement, then this undermines arguments from that phenomenology. This results in a simpler, and in some ways more direct, challenge to realism. It is also less vulnerable to the main objections that have been leveled against such arguments. If accepted, our conclusion should make a real difference to the dialectic in this area. It means that neither realism nor its denial is the default, to-be-refuted, position. (shrink)

The Hodgkin–Huxley (HH) model of the action potential is a theoretical pillar of modern neurobiology. In a number of recent publications, Carl Craver ([2006], [2007], [2008]) has argued that the model is explanatorily deficient because it does not reveal enough about underlying molecular mechanisms. I offer an alternative picture of the HH model, according to which it deliberately abstracts from molecular specifics. By doing so, the model explains whole-cell behaviour as the product of a mass of underlying low-level events. The (...) issue goes beyond cellular neurobiology, for the strategy of abstraction exhibited in the HH case is found in a range of biological contexts. I discuss why it has been largely neglected by advocates of the mechanist approach to explanation. 1 Introduction2 A Primer on the HH Model2.1 The basic qualitative picture2.2 The quantitative model3 Interlude: What Did Hodgkin and Huxley Think?4 Craver’s View4.1 Mechanistic explanation4.2 Sketches4.3 Craver's view: The HH model as a mechanism sketch5 An Alternative View of the HH Model5.1 Another look at the equations5.2 The discrete-gating picture5.3 The road paved by Hodgkin and Huxley5.4 Summary and comparison to Craver6 Conclusion: The HH Model and Mechanistic Explanation6.1 Sketches and abstractions6.2 Why has aggregative abstraction been overlooked? (shrink)

How does valuing something for its own sake differ from valuing an entity for the sake of other things? Although numerous answers come to mind, many of them rule out substantive views about what is valuable for its own sake. I therefore seek to provide a more neutral way to distinguish the two valuing attitudes. Drawing from existing accounts of valuing, I argue that the two can be distinguished in terms of a conative-volitional feature. Focusing first on “non-final valuing”—i.e. valuing_ (...) x_ for the sake of something else—I argue that it involves adopting certain reasons on account of a desire for _x_ to contribute to other things. I then show how this contrasts final valuing. The result, I argue, is a plausible account of how the two modes of valuing differ that leaves open substantive views about what all can be valued for its own sake. This is helpful because it develops a popular methodology used to explore the value of a wide range of things, including natural entities, family heirlooms, and artworks, as well as, more broadly, entities that might have “extrinsic final value.”. (shrink)

The paper proposes a novel solution to the problem of the time of a killing (ToK), which persistently besets theories of act-individuation. The solution proposed claims to expose a crucial wrong-headed assumption in the debate, according to which ToK is essentially a problem of locating some event that corresponds to the killing. The alternative proposal put forward here turns on recognizing a separate category of dynamic occurents, viz. processes. The paper does not aim to mount a comprehensive defense of process (...) ontology, relying instead on extant defenses. The primary aim is rather to put process ontology to work in diagnosing the current state of play over ToK, and indeed in solving it. (shrink)

Some philosophers of science – the present author included – appeal to fiction as an interpretation of the practice of modeling. This raises the specter of an incompatibility with realism, since fiction-making is essentially non-truth-regulated. I argue that the prima facie conflict can be resolved in two ways, each involving a distinct notion of fiction and a corresponding formulation of realism. The main goal of the paper is to describe these two packages. Toward the end I comment on how to (...) choose among them. (shrink)

I argue for three conclusions. First, responsibility skeptics are committed to the position that the criminal justice system should adopt a universal nonresponsibility excuse. Second, a universal nonresponsibility excuse would diminish some of our most deeply held values, further dehumanize criminals, exacerbate mass incarceration, and cause an even greater number of innocent people (nonwrongdoers) to be punished. Third, while Saul Smilansky's ‘illusionist’ response to responsibility skeptics – that even if responsibility skepticism is correct, society should maintain a responsibility‐realist/retributivist criminal justice (...) system – is generally compelling, it would not work if a majority of society were to convert, theoretically and psychologically, to responsibility skepticism. In this (highly improbable) scenario, and only in this (highly improbable) scenario, the criminal justice system would need to be reformed in such a way that it aligned with the majority's responsibility‐skeptical beliefs and attitudes. (shrink)

The external world sceptic tells some familiar narratives involving massive deception. Perhaps we are brains in vats. Perhaps we are the victim of a deceitful demon. You know the drill. The sceptic proceeds by observing first that victims of such deceptions know nothing about their external environment and that second, since we cannot rule out being a victim of such deceptions our- selves, our own external world beliefs fail to attain the status of knowledge. Discussions of global external world scepticism (...) tend to focus on the second step, where a number of well-known lines of resistance have been offered. But there has been little attention to the first, seemingly innocuous step. That will be the focus of this paper. Part one – sections 1, 2, and 3 – will explain why these standard narratives are not convincing examples of cases where there is no knowledge of the external world. In part two – section 4 – we shall undertake a useful case study. David Lewis’s ‘Elusive Knowledge’ is often thought of as presenting an epistemological vision that is somewhat friendly to external world scepticism: as Lewis himself presents things, there are contexts where external world knowledge ascriptions are uniformly false, and where true knowledge ascriptions are limited to either axiomatic truths or truths about our inner life. We examine his discussion in the light of the preceding reflections and show that the framework he presents is not so concessionary to global external world scepticism after all. (shrink)

Mind wandering has been a target of a fast-expanding area of research in cognitive science and philosophy. One of the central puzzles that researchers have been grappling with is whether this mental process should be thought of as passive or active in nature. Intuitively, a wandering mind seems passive but mounting empirical evidence suggests otherwise. Irving (2021) defends a prominent account of mind wandering as unguided attention, which aims inter alia to resolve the puzzle. However, I present counterexamples that reveal (...) Irving’s account to be both too weak and too strong. I then develop the alternative proposal that (stated roughly) mind wandering consists in voluntarily passive attention. After unpacking and defending this idea, I show how it helps to eliminate the conflicting appearance of mind wandering as both passive and active. (shrink)

To a large extent, the evidential base of claims in the philosophy of science has switched from thought experiments to case studies. We argue that abandoning thought experiments was a wrong turn, since they can effectively complement case studies. We make our argument via an analogy with the relationship between experiments and observations within science. Just as experiments and ‘natural’ observations can together evidence claims in science, each mitigating the downsides of the other, so too can thought experiments and case (...) studies be mutually supporting. After presenting the main argument, we look at potential concerns about thought experiments, suggesting that a judiciously applied mixed-methods approach can overcome them. (shrink)

Response to commentary. We are grateful to Crockett and Craigie for their interesting remarks on our paper. We accept Crockett’s claim that there is a need for caution in drawing inferences about patient groups from work on healthy volunteers in the laboratory. However, we believe that the evidence we cited established a strong presumption that many of the patients who are routinely taking a medication, including many people properly prescribed the medication for a medical condition, have morally significant aspects of (...) their cognition and behavior modified in a way that is unintended and may sometimes be unwelcome. Crockett notes that in some cases the effects of long-term drug use may differ, sometimes markedly, from the effects of short-term use. However, if acute use of a drug affects a neural system involved in mediating moral cognition or behavior, this nevertheless provides some evidence that chronic use of the drug may affect that same system and thus have morally significant effects. It is also plausible, in some cases, that an acute moral effect would give rise to a chronic moral effect via cognitive mechanisms. ... (shrink)

Science and fiction seem to lie at opposite ends of the cognitive-epistemic spectrum. The former is typically seen as the study of hard, real-world facts in a rigorous manner. The latter is treated as an instrument of play and recreation, dealing in figments of the imagination. Initial appearances notwithstanding, several central features of scientific modeling in fact suggest a close connection with the imagination and recent philosophers have developed detailed accounts of models that treat them, in one way or another, (...) as akin to fictions. This chapter will critically discuss the fictions approach as an epistemology of scientific modeling. (shrink)

Many have the intuition that human persons are both extremely and equally valuable. This seeming extremity and equality of value is puzzling: if overall value is the sum of one's final value and instrumental value, how could it be that persons share the same extreme value? One way that we can solve the Value Puzzle is by following Andrew Bailey and Josh Rasmussen (2020) and accepting that persons have infinite final value. But there are some significant downsides to their way (...) of thinking about values, which relies on the extended real numbers. We offer a different approach: if we model values using the hyperreal numbers, we can capture many of our intuitions about the extremity and relative equality of human value without incurring the substantial theoretical costs of using the extended real numbers. We also examine other ways of modeling the infinite value of persons and evaluate the strengths and weaknesses of these other accounts compared to ours. (shrink)

This paper aims to make progress in understanding the nature of reasoning. Its primary goal is to spell out and defend a novel account of what reasoning might be, in terms of how reasoning contributes to settling (practical and theoretical) inquiries. Prior to spelling out this constructive proposal, however, the paper problematizes a very common picture of reasoning in an attempt to demonstrate the need for an alternative approach. The overarching argument of the paper is comprised of three stages. The (...) first attacks the predominant conception of reasoning for its specious restriction to fully conscious and explicit episodes. The second stage offers a replacement for this faulty conception, according to which a reasoning agent is one who may be represented as if she were undergoing a fully conscious and explicit process. Finally, the last stage proposes one way to fill in the above schema, articulating and defending conditions for representing agents as reasoning fully consciously and explicitly. Each of the above stages is independent of the others: One may accept that reasoning need not be conscious and explicit but reject the schema proposed as a replacement; and again, the schema may be accepted but not the particular proposal for filling it in. (shrink)

The overwhelmingly predominant view in philosophy sees intending as a mental state, specifically a plan-like state. This paper rejects the predominant view in favor of a starkly opposed novel alternative. After criticizing both the predominant Bratman-esque view of intention, and an alternative view inspired by Michael Thompson, the paper proceeds to set out and defend the idea that acting with an intention to V should be understood disjunctively, as either one’s V-ing intentionally or one’s performing some kind of failed intentional (...) V-ing, where the two disjuncts share no common state of intention. Instructive structural parallels to perceptual disjunctivism are pointed out, and the view is shown, unlike its rivals, to successfully extend to capture both prospective and present intention, thereby unifying the three different guises of intention. (shrink)

Rationality requires that our mental attitudes exhibit specific patterns of coherence. Do we have reason to comply? 'Prichardian Quietists' regard this question as fundamentally confused: the only reasons to comply with rational requirements are the ones given by the requirements themselves. In this paper, I argue that PQ fails. I proceed by granting that Prichard's own position, from which PQ draws inspiration, is defensible, while identifying three serious problems with the parallel position about rationality. First, as I argue, PQ is (...) not plausibly combined with either the narrow-scope or the wide-scope formulations of rational requirements. Second, PQ implies that the reasons to comply with rational requirements are reasons of the wrong kind. And finally, PQ lacks a crucial component of its explanation, viz. a plausible theory of what constitutes being rationally required to V. (shrink)

The principle of epistemic closure is the claim that what is known to follow from knowledge is known to be true. This intuitively plausible idea is endorsed by a vast majority of knowledge theorists. There are significant problems, however, that have to be addressed if epistemic closure – closed knowledge – is endorsed. The present essay locates the problem for closed knowledge in the separation it imposes between knowledge and evidence. Although it might appear that all that stands between knowing (...) the truth of the premises of a valid inference and knowledge of its conclusion is inferring it from the premises, the evidence for each of the premises may jointly count against the conclusion. The intuitive view regarding inferred knowledge says one thing, the evidence says another. One epistemological framework that seems to have the resources to resolve this tension endorses the view that knowledge always requires conclusive evidence. A second framework resolves the tension by limiting the scope of the closure principle. Only inferences drawn directly from propositions contained in the scope of a single knowledge operator are considered closed. The aim of the present essay is to revive the unpopular third option, the idea that knowledge is open. The essay proceeds by arguing that in different ways the two former frameworks only succeed in relocating the problem, not in resolving it. The first framework, the infallibilist view, relocates the problem to a sharp separation between knowledge of the occurrences of events from knowledge of their chance of occurring, a separation leading to several significant additional problems. The fallibilist view, the second framework, in endorsing closure neglects to take into full account the ways in which evidence fails to be transitive. For instance, evidence can count in favor of a conjunction while counting against each of its conjuncts. This fact, which is argued for in the essay on probabilistic as well as non-probabilistic grounds, is used as the foundation of an argument against closed knowledge that can be used as a way to understand several of the most fundamental challenges of epistemology. Not only can an open knowledge view that is based on open evidence resolve all these problems in a simple and natural way, it can also respond to formidable challenges that significantly hinder other open knowledge views. There are good reasons, then, to view both knowledge and evidence as open. (shrink)

I argue that Descartes' Second Causal Proof of God in the Third Meditation evidences, and commits him to, the belief that time is "strongly discontinuous" -- that is, that there is actually a gap between each consecutive moment of time. Much of my article attempts to reconcile this interpretation, the "received view," with Descartes' statements about time, space, and matter in his other writings, including his correspondence with various philosophers.

Thought experiments play a role in science and in some central parts of contemporary philosophy. They used to play a larger role in philosophy of science, but have been largely abandoned as part of the field’s “practice turn”. This chapter discusses possible roles for thought experimentation within a practice-oriented philosophy of science. Some of these roles are uncontroversial, such as exemplification and aiding discovery. A more controversial role is the reliance on thought experiments to justify philosophical claims. It is proposed (...) that if we adopt an underlying empiricist view of concepts, then thought experiments can be seen as affording us contact with scientific practice, despite their seemingly a priori character. The advantages and drawbacks of thought experiments are discussed via comparison with case studies, on the one, and simulations on the other hand. The chapter closes with some remarks on how to combine thought experiments with other methods. (shrink)

I describe a new problem for metaethical constructivism. The problem arises when agents make conflicting judgments, so that the constructivist is implausibly committed to denying they have any reason for any of the available options. The problem is illustrated primarily with reference to Sharon Street’s version of constructivism. Several possible solutions to the problem are explained and rejected.

Intention Cognitivism – the doctrine that intending to V entails, or even consists in, believing that one will V – is an important position with potentially wide-ranging implications, such as a revisionary understanding of practical reason, and a vindicating explanation of 'Practical Knowledge'. In this paper, I critically examine the standard arguments adduced in support of IC, including arguments from the parity of expression of intention and belief; from the ability to plan around one's intention; and from the explanation provided (...) by the thesis for our knowledge of our intentional acts. I conclude that none of these arguments are compelling, and therefore that no good reason has been given to accept IC. (shrink)

There is disagreement among physicians and medical ethicists on the precise goals of Hospice and Palliative Medicine (HPM). Some think that HPM's goals should differ from those of other branches of medicine and aim primarily at lessening pain, discomfort, and confusion; while others think that HPM's practices should, like all other branches of medicine, aim at promoting health. I take the latter position: using the ars moriendi to set a standard for what it means to die well, I argue that (...) if HPM's practices were to aim at mitigating suffering with little regard to promoting health, some patients would die worse deaths than if HPM's practices were to aim at health. According to the ars moriendi, flourishing at the end of one's life requires that one exercise her agency and pursue the goods most important to her. On this view, HPM's practices should promote patients’ health to enable them to pursue these goods. (shrink)

This paper explores some consequences of Lewis’s (Australas J Philos 74(4):549–567, 1996) understanding of how knowledge is compartmentalized. It argues, first, that he underestimates how badly it impacts his view. When knowledge is compartmentalized, it lacks at least one of two essential features of Lewis’s account: (a) Elusiveness—familiar skeptical possibilities, when relevant, are incompatible with everyday knowledge. (b) Knowledge is a modality—when a thinker knows that p, there is no relevant possibility where p is false. Lewis proposes compartmentalized knowledge to (...) keep treating knowledge as a modality while mitigating one of its unrealistic epistemological implications: In normal modal epistemic logic (and standard possible world semantics), a thinker always counts as knowing the strongest proposition that follows from the set of all the individual propositions that this thinker knows. Lewis’s compartmentalization proposal is that thinkers merely know the conjunctions of propositions that are known in each of, but not across, their compartments. The irony is that in avoiding overblown knowledge the view now allows for thinkers to attend to skeptical error possibilities and yet knowledge is present. The account avoids inflation of knowledge in one sense only to acquire another type of knowledge the view denies subjects can have. This problem motivates an inspection of knowledge accounts whose intra-compartment closure principles are weaker than those that are valid in normal modal-logic. The conclusion is that some formulations of closure can avoid the challenge Lewis’s view faces. Nevertheless, even these closure principles pose a barrier—perhaps an implausible barrier—for knowledge of ignorance. Even when the reasoning supporting the lack of knowledge is sound, a subject cannot always know she doesn’t know. Interestingly, this obstacle is one that knowledge of knowledge doesn’t seem to face. (shrink)

Most philosophers believe that wrongdoers sometimes deserve to be punished by long prison sentences. They also believe that such punishments are justified by their consequences: they deter crime and incapacitate potential offenders. In this article, I argue that both these claims are false. No one deserves to be punished, I argue, because our actions are shot through with direct or indirect luck. I also argue that there are good reasons to think that punishing fewer people and much less harshly will (...) have better social consequences, at a reduced overall cost, then the long prison sentences that are usually seen as required for social protection. (shrink)

The nature of attention has been the topic of a lively research programme in psychology for over a century. But there is widespread agreement that none of the theories on offer manage to fully capture the nature of attention. Recently, philosophers have become interested in the debate again after a prolonged period of neglect. This paper contributes to the project of explaining the nature of attention. It starts off by critically examining Christopher Mole’s prominent “adverbial” account of attention, which traces (...) the failure of extant psychological theories to their assumption that attending is a kind of process. It then defends an alternative, process-based view of the metaphysics of attention, on which attention is understood as an activity and not, as psychologists seem to implicitly assume, an accomplishment. The entrenched distinction between accomplishments and activities is shown to shed new light on the metaphysics of attention. It also provides a novel diagnosis of the empirical state of play. (shrink)

I argue for two propositions. First, contrary to the common wisdom, we may justly punish individuals who are not morally responsible for their crimes. Psychopaths – individuals who lack the capacity to feel sympathy – help to prove this point. Scholars are increasingly arguing that psychopaths are not morally responsible for their behavior because they suffer from a neurological disorder that makes it impossible for them to understand, and therefore be motivated by, moral reasons. These same scholars then infer from (...) this conclusion that they must also lack criminal responsibility and therefore that our continuing to punish psychopaths for their crimes is unjust. My response is that this inference is entirely fallacious. -/- Criminal responsibility turns out to be quite distinct from moral responsibility. The two kinds of responsibility require very different conditions to be satisfied. In particular, criminal responsibility, unlike moral responsibility, does not require an agent be able to grasp and follow moral reasons; it requires only that the individual be able to grasp and follow criminal laws. Once this point is recognized, it becomes much easier to accept my thesis: while the subset of psychopaths who commit crimes are not morally responsible for their criminal behavior because they cannot understand moral reasons, they are still criminally responsible because they can understand what the consequences will be if they get caught. For this reason, even though I concede that psychopaths are not morally responsible for the crimes that they commit, our practice of punishing them for these crimes is still just. -/- Second, I argue that psychopathy is a mental illness and should be recognized as such. One reason that it should be recognized as a mental illness is simply because it is; it satisfies the main criteria for inclusion in the DSM-IV, the “bible” of mental disorders. The other reason is more practical than conceptual. It starts with two facts: the U.S. Supreme Court has decided that the preventive detention of any individual who is not a criminal suspect is not constitutional unless the individual is not only dangerous but also mentally ill; and psychopathy is not currently considered to be a mental illness. So, as things now stand, we cannot preventively commit dangerous psychopaths – that is, psychopaths who have clearly indicated that they will be committing serious crimes. Instead, we must wait for them to commit the crimes before we can lock them up. Unfortunately, this incarceration always comes too late for the victims. It would therefore be better if we could lock them up before they actually inflict any harm. Once again, then, I propose that the legal and psychological communities classify psychopathy as a mental illness. (shrink)

The Antiquities Act gives the president the power to designate “objects of historic or scientific interest” as “national monuments.” Presidents have used this power expansively, protecting massive tracts of federal land, often by claiming that very large things, such as the Grand Canyon or even entire landscapes, are “objects” in the requisite sense. There is legal debate over such uses of the Act, with critics arguing that they depart from the original intent and meaning of the legislation. What has been (...) less discussed, however, is whether the Act allows presidents to protect just the object of interest (whatever it turns out to be), or whether it allows presidents to protect a substantial amount of land around objects of interest. I draw from language in the Antiquities Act and existing case law to argue the latter. Due to the nature of “historic and scientific interest,” protecting an object with such interest often requires protecting certain features of the broader landscape. This holds regardless of what counts as an “object of interest.” As a result, it offers a way to argue on certain critics’ own grounds for more expansive designations: even granting a narrow, originalist conception of what qualifies as an “object,” large designations can be justified. (shrink)

I argue that the three strongest arguments against metaphysical libertarianism—the randomness objection, the constitutive luck objection, and the physicalist objection—are actually unsuccessful and therefore that metaphysical libertarianism is more plausible than the common philosophical wisdom allows. My more positive thesis, what I will refer to as “Agent Exceptionalism,” is that, when making decisions and performing actions, human beings can indeed satisfy the four conditions of metaphysical libertarianism: the control condition, the rationality condition, the ultimacy condition, and the physicalism condition.

This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...) years earlier for two murders. Delling never had the opportunity to plead the insanity defense because his home state, Idaho, had abolished it in 1982. -/- By depriving Delling of the right to plead insanity, Idaho violated Delling’s Fourteenth Amendment right to due process and his Eighth Amendment right against “cruel and unusual” punishment. Naturally, the same is true for many other mentally ill and disabled defendants who have been prosecuted in Idaho and in the other three states that have abolished the insanity defense: Kansas, Montana, and Utah. -/- The second general part of this Article notes an insight that I stumbled upon in the course of researching the first part: the insanity defense and the mistake of law defense both require ignorance of the law, what I refer to as “normative ignorance.” Indeed, normative ignorance is what makes both of these defenses exculpatory in the first place. -/- Given this critical connection, there is a way for Idaho, Kansas, Montana, and Utah to resume compliance with the Constitution. Instead of reinstating the insanity defense per se, which might be politically unpopular, they should just broaden their mistake of law defense to include normative ignorance caused by cognitive incapacity that is itself caused by mental illness or disability. -/- Still, this Article is not merely directed at these four western states. It is directed at the other forty-six states as well. Because they already have an insanity defense, they need not incorporate it into their mistake of law defense. But in the third general part, I will argue that they should still expand their mistake of law defense to cover defendants who either lack a reasonable opportunity to learn the law or reasonably but mistakenly infer from widely accepted norms or ethics that their conduct is lawful. (shrink)

The Callicles colloquy of Plato’s Gorgias features both examination and ridicule. Insofar as Socrates’ examination of Callicles proceeds via the elenchus, the presence of ridicule requires explanation. This essay seeks to provide that explanation by placing the effort to ridicule within the effort to examine; that is, the judgment/pronouncement that something/ someone is worthy of ridicule is a proper part of the elenchic examination. Standard accounts of the Socratic elenchus do not include this component. Hence, the argument of this essay (...) suggests a need to revise the standard account of the elenchus, at least as it relates to the use of that method within the Gorgias. Insofar as a revised account of the elenchus has implications for our understanding of Socratic moral psychology, the argument of this essay also suggests a need to reconsider the moral psychological framework within which Socrates operates in the Gorgias. (shrink)

Peter Baumann uses the Monty Hall game to demonstrate that probabilities cannot be meaningfully applied to individual games. Baumann draws from this first conclusion a second: in a single game, it is not necessarily rational to switch from the door that I have initially chosen to the door that Monty Hall did not open. After challenging Baumann's particular arguments for these conclusions, I argue that there is a deeper problem with his position: it rests on the false assumption that what (...) justifies the switching strategy is its leading me to win a greater percentage of the time. In fact, what justifies the switching strategy is not any statistical result over the long run but rather the "causal structure" intrinsic to each individual game itself. Finally, I argue that an argument by Hilary Putnam will not help to save Baumann's second conclusion above. (shrink)

In this Article, I will argue that a person may be deserving of criminal punishment even in certain situations where she is not necessarily morally responsible for her criminal act. What these situations share in common are two things: the psychological factors that motivate the individual’s behavior are environmentally determined and her crime is serious, making her less eligible for sympathy and therefore less likely to be acquitted. -/- To get to this conclusion, I will proceed in four steps. In (...) Part II, I will offer the first two of these steps. First, I will argue that our foundational assumption that moral responsibility is necessary for just blame and punishment is not self-evident and is actually rather difficult to explain and justify. Second, I will offer an explanation and justification that appeals to our moral psychology. Specifically, I will argue that we subscribe to this assumption ultimately because we sympathize with agents who lack responsibility for their actions. -/- Third, in Part IV, I aim to show that even if moral responsibility is not conceptually — only “emotionally” — necessary for just blame and punishment, the traditionally recognized criminal excuses are not at risk because, contrary to popular wisdom, they do not really rely on this assumption to begin with. Instead, they stand less for the metaphysical proposition that we should refrain from blaming and punishing the non-responsible and more for the normative/ethical proposition that we should refrain from blaming and punishing those whom we cannot reasonably expect to have acted better. I will further argue that the latter proposition does not necessarily reduce to the former. -/- Fourth, once I have defended my account of the excuses, I will question in Parts V and VI the increasingly popular notion that we should add certain conditions or circumstances to the list of recognized excuses. I will focus on one in particular — the psychological theory of “situationism” — and will argue that, despite its initial plausibility, it should be kept off the list. While situationism arguably does negate moral responsibility, it does not negate criminal responsibility. -/- Of course, this is a controversial point. Criminal responsibility is almost universally thought to require moral responsibility. But in a previous article, "Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject to Criminal Punishment And to Preventive Detention," 48 San Diego L. Rev. 1299, I used personality psychology to drive a wedge between the two. In this article, I will use the opposite end of the psychological spectrum — social psychology — to drive the same important wedge. (shrink)

This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were considered to (...) be more or less interchangeable. But there is a growing movement, which I refer to as "responsibility skepticism," which maintains that moral responsibility is either physically or metaphysically impossible. If the responsibility skeptics are right (that moral responsibility is impossible), then what are the implications for criminal responsibility and just criminal punishment? Should we abandon these as well? Or can they survive without moral responsibility? I try to answer these questions. -/- The third part addresses social causation. The criminal justice system tends to be "dispositionalist"; it tends, that is, to assume that criminal responsibility resides entirely within the defendant. Dispositionalism, however, overlooks the fact that who we are and what we do are significantly determined by environmental influences. I then try to show that this "situationist" alternative to dispositionalism should not radically alter our approach to criminal punishment. -/- The final part briefly discusses the difficulty in evaluating criminal responsibility when the defendant is both an offender and a victim - especially when the defendant is an offender *because* of his victimization. (shrink)

Many have expected that understanding the evolution of norms should, in some way, bear on our first-order normative outlook: How norms evolve should shape which norms we accept. But recent philosophy has not done much to shore up this expectation. Most existing discussions of evolution and norms either jump headlong into the is/ought gap or else target meta-ethical issues, such as the objectivity of norms. My aim in this paper is to sketch a different way in which evolutionary considerations can (...) feed into normative thinking—focusing on stability. I will discuss two forms of argument that utilize information about social stability drawn from evolutionary models, and employs it to assess claims in political philosophy. One such argument treats stability as feature of social states that may be taken into account alongside other features. The other uses stability as a constraint on the realization of social ideals, via a version of the ought-implies-can maxim. These forms of argument are not new; indeed they have a history going back at least to early modern philosophy. But their marriage with evolutionary information is relatively recent, has a significantly novel character, and has received little attention in recent moral and political philosophy. (shrink)

I defend an interpretation of the first Critique’s category of totality based on Kant’s analysis of totality in the third Critique’s Analytic of the mathematical sublime. I show, firstly, that in the latter Kant delineates the category of totality — however general it may be — in relation to the essentially singular standpoint of the subject. Despite the fact that sublime and categorial totality have a significantly different scope and function, they do share such a singular baseline. Secondly, I argue (...) that Kant’s note (in the first Critique’s metaphysical deduction) that deriving the category of totality requires a special act of the understanding can be seen as a ‘mark’ of that singular baseline. This way, my aesthetical ‘detour’ has the potential of revealing how the subjective aspects of object-constitution might be accounted for in the very system of the categories (of quantity) itself. (shrink)

Nesse primeiro momento da análise do problema da liberdade em Espinosa, gostaria de mostrar que, embora Espinosa trate o conceito de contingência como relacionado à finitude do entendimento humano, o que sugere uma abordagem meramente negativa, ele, na verdade, desenvolve uma abordagem positiva, a saber : a contingência, assim como o tempo , é uma forma necessária do pensamento humano que tem um fundamento na realidade das coisa s às quais ele se aplica, embora não possa ser considerado uma propriedade (...) das coisas. Mostrar que a contingência , assim como o conceito de tempo, é uma forma necessária do pensamento humano significa mostrar não apenas que existem condições objetivas que autorizam a aplicação desse conceito, mas que a imperfeição na qual se funda o conceito de contingência é necessária e intransponível para o entendimento humano. -/- O primeiro passo será estabelecido a partir da prova de que a categorização temporal, da qual a contingência é uma das formas , tem por fundamento o estatuto ontológico peculiar das coisas sobre as quais ela incide, a saber, sobre o estatuto modal (não-substancial) das coisas singulares, unicamente no qual é possível distinguir entre a essência e a existência. O segundo passo consistirá em mostrar que a categorização temporal é uma forma necessária do conhecimento que o homem tem do mundo na medida em que ela é uma das atividades constitutiva s da unidade numérica da alma humana, ou seja, uma das atividades pelas quais a alma humana existe em ato na duração. (shrink)