Analyses of factual causation face perennial problems, including preemption, overdetermination, and omissions. Arguably, the thorniest, are cases of omissive overdetermination, involving two independent omissions, each sufficient for the harm, and neither, independently, making a difference. A famous example is Saunders, where pedestrian was hit by a driver of a rental car who never pressed on the (unbeknownst to the driver) defective (and, negligently, never inspected) brakes. Causal intuitions in such cases are messy, reflected in disagreement about which omission mattered. What (...) these analyses mistakenly take for granted, is that at issue is the 'efficacy' of each omission. I argue, on the contrary, the puzzle of omissive overdetermination favors taking the act/omission distinction seriously. Factual causation, properly understood precludes omissions (i.e. omissions are not causal). Of course, the law also attaches liability to omissions, but this works differently from liability for real causes (e.g. omissions have a duty requirement, they also respond differentially to difference-making considerations). The manner in which liability attaches for omissions differs from that of straightforward causal liability, and is entirely dependent on the underlying causal structure. Attention to that structure (e.g. that the driver's hitting the pedestrian with his car is what actually caused the injury) sheds light on which omissions matter (e.g. driver's failure to press on the brakes) and why (because that failure removes a defense the driver would have to liability for the accident he caused). Other cases, where the parties' connection is entirely omissive (e.g. two physicians fail to detect independently lethal conditions), come out differently (tracking moralized elements). The analysis offered makes better sense of both why omissive determination cases are puzzling and how to resolve them. (shrink)

In this essay I defend a solution to a skeptical paradox. The paradox I focus on concerns epistemic justification (rather than knowledge), and skeptical scenarios that entail that most of our ordinary beliefs about the external world are false. This familiar skeptical paradox hinges on a “closure” principle. The solution is to restrict closure, despite its first appearing as a fully general principle, so that it can no longer give rise to the paradox. This has some extra advantages. First, it (...) suggests a general strategy that provides solutions to other versions of the paradox, not just those that depend on closure. Second, it clarifies the relation between the paradox and other kinds of skeptical problem. (shrink)

This article explores the social value of privacy and the intricate relationship between personal autonomy and societal cohesion within the realm of privacy. It contrasts George Herbert Mead’s two models of social organization—hostility and integration—in terms of their impact on the interplay between individuals and society. The model of hostility envisions individuals and society engaged in a zero-sum game, resulting in diminished individuality and an atomistic view of autonomy. In contrast, the model of integration recognizes the interdependence of entities, fostering (...) individuality and promoting a relational understanding of autonomy. Applying these models to privacy theory, the article argues that privacy has often been conceived in terms of hostility, pitting individuals against society. Instead, the article advocates for embracing the model of integration, in which privacy is seen as fundamental to a society where individuals maintain their uniqueness while pursuing a common good. The right to privacy, rooted in this integrative model, allows individuals to preserve their distinct social selves while participating in joint social organization. Furthermore, understanding privacy through the lens of integration highlights the importance of the common good as a necessary condition for both individuality and autonomy. This relational perspective positions privacy as an essential aspect of a democratic and moral society, where diverse individuals mutually constitute themselves and the broader social fabric. By presenting this view, the article offers a fresh understanding of privacy's social value and its implications for societal organization, democracy, and morality. (shrink)

According to veridicalism, your beliefs about the existence of ordinary objects are typically true, and can constitute knowledge, even if you are in some global sceptical scenario. Even if you are a victim of Descartes’ demon, you can still know that there are tables, for example. Accordingly, even if you don’t know whether you are in some such scenario, you still know that there are tables. This refutes the standard sceptical argument. But does it solve the sceptical problem posed by (...) that argument? I argue that it does not, because we do not know substantively more about the external world according to veridicalism than we do according to the sceptical argument. Rather, veridicalism merely reformulates what little knowledge we have. I then draw some general conclusions about the nature of the sceptical problem, the formulation of the standard argument, and the significance of this for some other, non-veridicalist strategies. (shrink)

The problem of skepticism is often understood as a paradox: a valid argument with plausible premises whose conclusion is that we lack justification for perceptual beliefs. Typically, this conclusion is deemed unacceptable, so a theory is offered that posits conditions for justification on which some premise is false. The theory defended here is more general, and explains why the paradox arises in the first place. Like Strawson’s (Introduction to logical theory, Wiley, New York, 1952) “ordinary language” approach to induction, the (...) theory posits something built into the very notion of justification: it is loaded with a bias towards the proposition that we are not massively deceived. Beyond the paradox, remaining skeptical problems consist of metaphysical and practical questions: whether we are massively deceived, or why we should use our loaded notion rather than some other. Such challenges have profound epistemological significance, but they are not problems that an a priori theory of justification can solve. (shrink)

The foundational principles of representative democracy are under attack globally. What we desperately need are enlightened and persuasive public intellectuals who can help us see through the fog of our fear, anger, and disillusionment, to find our rational political commitments again. One of these public intellectuals is undoubtedly Yuval Noah Harari, the bestselling author of three recent books – Sapiens, Homo Deus, and 21 Lessons for the 21st Century. Harari is also a frequent contributor in the popular press, and (...) a guest on shows, podcasts, panels, and as a keynote speaker. Add to all this that Harari is acting on his lofty academic ideals through ‘Sapienship’, a multidisciplinary organization he cofounded that advocates for global responsibility, clarifies the global conversation, and focuses attention on the most important global challenges. I single out Harari because I presume many readers will be familiar with his work. He is certainly one of the fastest rising stars of public intellectualism. Unfortunately, his work is undercut by the philosophical positions he put forth in his first bestselling book, Sapiens. In this review/critique I wish to show that in order for Harari advance a coherent political or ideological argument, he must first shore up his philosophical commitments. (shrink)

The process of decision making is predictable and irrational according to Daniel Ariely and other economic behaviorists, historians, and philosophers such as Daniel Kahneman or Yuval Noah Harari. Decisions made anteriorly can be, but don’t have to be, present in the actions of a person. Stories and shared belief in myths, especially those that arise from a system of human norms and values and are based on a belief in a “supernatural” order (religion) are important. Because of this, mass (...) cooperation amongst strangers is possible. (shrink)

How can legal orders coexist? Contemporary lawyers and philosophers frequently accept that a legal system operates under its own terms and is shaped by its own participants. Any problems posed by the plurality of legal orders in the world are to be dealt with by each legal order separately. So persons that are caught in transnational disputes because they are subject to two or more jurisdictions, have recourse to private international law, which is always part of domestic law, i.e. the (...) law where the case happens to arise. But this analysis does not capture international law. This is, or appears to be, a distinct legal order that is certainly not the law of a distinct nation or a people but aspires to cover the whole of the world and – perhaps surprisingly – does seem to meet many of the ordinary criteria of a legal order. This review essay discusses two recent attempts at accommodating international law, Regulating Jurisdictional Relations Between National and International Courts, by Yuval Shany and A Theory of Interpretation of the European Convention of Human Rights, by George Letsas. In their own ways both books outline a ‘substantive’ theory of international law, which is to be welcomed. (shrink)