Kafka's work provoked more than three decades of interpretations before Wagenbach provided information showing that Kafka was quite familiar with the work of Brentano and his Prague followers, including their unique conceptions of natural law, ethical concepts, and human acquaintance with them. Kafka took a lively interest in discussions in this Prague circle, and The Trial may without violence be read as a deliberate illustration for issues in philosophy of law as they would have been understood within this circle. This (...) does not require that it be read as a reflection of Kafka's personality, nor does it require that he accepted Brentano's views. Wagenbach demonstrated Kafka's familiarity with unique conceptions, in the work of Brentano and his Prague followers, of natural law and ethics. Issues involved in these conceptions are cogently illustrated in The Trial. K. is tried for violating a law which is no positive law but a necessary condition for all positive law since all positive laws imply that they ought to be obeyed. Brentano adamantly rejected all forms of nativism. The opposite of 'natural' in the phrase 'natural law' is not 'acquired' but 'conventional.' Acquaintance with natural norms is entirely acquired: persons having no such acquaintance can exist; K. is such a person. Natural norms, have a cognizable inherent correctness; any other norms oblige only through being authoritatively decreed. Conventional guilt or innocence is subject to influence. K.'s quest for a person to exert such influence on his behalf is evidence of his guilt. K. is unaware that absolute guilt is possible. In the Prometheus myth related by Plato's Protagoras, a sense of justice and right is necessary for politically organized society. Without insight into the natural sanction for correct positive laws, citizens cannot fulfill the duty rationally to choose positive laws: citizens will wrong one another, cities perish, humankind will be threatened. The myth gives important clues to the imagery of the parable "Before the Law." Every authentic act of willing requires that something be desired for its own sake. Since there is a plurality of intrinsic goods, authentic action requires recognizing the chosen action to be better than its alternatives. Acquaintance with good, evil, better, and worse is acquired, Brentano insisted, only by perceiving certain affects to be correct. Like judgments, affects are either blind or evident. Basic moral concepts arise like all others from perception. K. could become innocent by acquiring the lacking concepts. Then, actual acquittal would be just despite his guilt when arrested. His trial tests whether he is likely to experience intrinsically correct emotions. Guilt would be objective, independent of any finding by the Court. K.'s guilt entails his lacking any such concept of absolute guilt. He is convinced that guilt depends entirely on the Court, is altogether a matter of authority. This is K.'s delusion concerning his relation to the Court and the Law, the delusion illustrated by the legend, "Before the Law.". (shrink)

This study examined the usage of the relative clause as a wealthy, crucial and complicated syntactic procedure in modern English Literature through the examination of Amaka Azuike’s Violated, a short play. The study determined the use of relative clauses in terms of their frequency of occurrence and type used, and it showed that English language speakers mostly attempt to use the "easier" type of the relative clauses to combine sentences for clarity of relaying messages. The paper extracted examples of relative (...) clauses from Violated to determine its aim of identifying the types of relative clauses used and the frequency of occurrence as well as the functions of the relative clauses in the play. The study also exposed the clarity the reader derives from the author’s use of relative clauses in creating a visible mental picture of issues presented in the story. The study adopted the descriptive grammar framework to account for the way relative clauses have been used in the play by the author. The study found that the author of the text used finite relative clauses and only one complex relative clause. Also, it discovered that the usage of relative clauses made the story quite state-of-the-art in style. (shrink)

Intensity is a very little focused concept in philosophy. This work performs a conceptual analysis of intensity as a metaphysical concept and reveals the implications of intensity, showing us how intensity brings sense to its absolute limit and leads to a direct confrontation with chaos. Through this analysis, we reveal how intensity unfolds itself into the various ontological shapes which help us further determine the essence of ontology itself and the very sense that can be found within chaos.

The study examines English as Foreign Language (EFL) students’ attitude towards developing their speaking abilities at KRI University in order to better understand the disparities in speaking competency among undergraduates. The study utilized a quantitative approach and employed a 4-item interview survey to gather data for the study. The survey interview questionnaire was adopted from Wang, Kim, Bong, and Ahan (2013) and administered to 100 students in the departments of English of six universities in Iraq's Kurdistan Region. A semi-structured interview (...) was developed for EFL students. The questionnaire was online and an open-ended one. The data from the participants was analyzed using thematic analysis with (SPSS) software. The finding revealed a perceived failure in EFL students' English-speaking skills and this was reported along with causes of the perceived difficulty. The finding also revealed a poor level of speaking ability among EFL undergraduates as well as little education in the skill at the university level. Apart from these, the study discovered some major challenges for EFL students such as lack of confidence, lack of planning, a demotivating atmosphere, incorrect word choice, poor gestures, and incorrect style which made the students not to be successful in their speaking abilities. The study suggested that EFL learners' competency should be securitized to strengthen their speaking abilities in the light of the results of the study. Speaking is a crucial ability in language acquisition and EFL teachers should help their students acquire it. As a means of improving students' communicative ability, task-based instruction should be utilized in educational institutions and universities. The implication of this paper is that speaking difficulties among EFL students in the Iraqi Kurdistan Region institution can be solved by putting greater focus on this ability. There are several issues to consider, including teachers, instructional methodologies, the curriculum, extracurricular activities, and assessment rules. (shrink)

Mistakes are a fact of life, and the criminal law is sadly no exception to the rule. Wrongful convictions are rightfully abhorred, and false acquittals can likewise inspire outrage. In these cases, we implicitly draw a distinction between a court’s finding and a defendant’s actual guilt or innocence. These are intuitive concepts, but as this paper aims to show, contemporary use of the reasonable person standard in the law of self-defense muddles them. -/- Ordinarily, we can distinguish between (...) a person's material guilt or innocence and his juridical guilt or innocence. Someone is materially guilty if his actions in fact matched the conduct proscribed by the penal law. Someone is juridically guilty if he is found guilty by a tribunal, i.e., convicted by a judge or jury. When a tribunal convicts a innocent person or acquits a guilty person, the accuracy of its verdicts can be criticized. -/- There are three definitions of the reasonable person extant amongst courts and commentators: the reasonable person is either (1) a hypothetical ordinary, average person; (2) the embodiment of a community ideal; or (3) an embodiment of an objective ethical standard, i.e., ethical principles independent of community opinion. Nonetheless, after observing the circularity, vagueness, and lack of consistency in the definitions, wise courts and commentators have sometimes resorted to identifying the reasonable person with the judgment of the jury. -/- This piece argues that failure to settle on a fixed definition of the "reasonable person" in the criminal law of self-defense effectively conflates material guilt and innocence and juridical guilt and innocence at the doctrinal level. When courts do not clearly and consistently choose between standards one, two, and three, or when they expressly treat the reasonable person as a form of words standing in for the judgment of the jury, they make it conceptually impossible for observers outside the court system to apply a fixed, definite standard to assess the actual guilt of a person apart from the judgments of tribunals. -/- This paper's main purpose is to identify a conceptual knot rather than propose reforms. Still, it recommends two small changes meant to lift the confusion surrounding the reasonable person. First, it urges that courts expressly settle on one of the three definitions canvassed above. Second, it recommends that courts be mindful of the nature of the reasonable person standard and as such, be wary of treating conclusions about reasonableness as ordinary legal precedents, and wield the power of directed verdict aggressively to protect unpopular defendants from abuse by juries. (shrink)

First, I argue that the contestability of the term “terrorism” is insufficient to justify the targeting of those who are innocent noncombatants beyond reasonable doubt; second, that states could be as vicious, if not even more so, than nonstate actors could be in perpetrating acts that might be described as terrorism, and, third, that an adequate definition of international terrorism must focus on the actual victims of such despicable acts.

In my replies to some of my critics I argue that while the practice of terrorism is never justified, I concede that it is rarely but sometimes excused. As result, those who engage in excusable terrorism has a substantial burden of proof. They need to offer a compelling argument to show that the harm caused by their terrorist violence is actually excused by the extenuating circumstances and the goal that they are trying to achieve, so they will not be morally (...) or legally blameworthy for bringing about such harm. I am assuming that they will need to demonstrate that the alleged harm is excusable because it is necessary to accomplish a worthy goal and there is no other reasonable way to obtain such a worthy goal without deliberately harming those who can be reasonably conceived of as impeccably or objectively innocent. That is, those who are innocent beyond reasonable doubt. (shrink)

Anti-war pacifism rejects modern war as a means of attaining peace. This paper outlines two varieties of theoretical anti-war pacifism: conditional pacifism (war is conditionally unjustifiable due to the harm it causes to innocent persons) and contingent pacifism (war is justified if certain criteria are met but contingent facts about modern war mean that few, if any, actual wars meet these criteria). It elucidates the main points of contention at which these positions intersect with other war institution preserving theories, (...) and each other, and defends them as plausible positions that can add significant value to the critical studies and international relations conversations on war. (shrink)

Even among those who find lethal defense against non-responsible threats, innocent aggressors, or justified aggressors justified even in one to one cases, there is a debate as to what the best explanation of this permissibility is. The contenders in this debate are the liability account, which holds that the non-responsible or justified human targets of the defensive measures are liable to attack, and the justified infringement account, which claims that the targets retain their right not to be attacked but may (...) be attacked anyway, even in one to one situations. Given that we normally think that rights are trumps, this latter claim is counter-intuitive and rather surprising, and therefore in need of justification and explanation. So far only Jonathan Quong has actually tried to provide an explanation; however, I will argue that his explanation fails and that Quong’s own account of liability is misguided. I then address Helen Frowe’s critique of the liability account. She makes the important concession that the tactical bomber has to compensate his victims, but she tries to block the conclusion that he must therefore be liable. I will demonstrate that her attempt to explain away liability fails once that concession is made. (shrink)

Mereological entities often seem to violate ‘ordinary’ ideas of what a concrete object can be like, behaving more like sets than like Aristotelian substances. However, the mereological notions of ‘part’, ‘composition’, and ‘sum’ or ‘fusion’ appear to find concrete realisation in the actual semantics of mass nouns. Quine notes that ‘any sum of parts which are water is water’; and the wine from a single barrel can be distributed around the globe without affecting its identity. Is there here, as (...) some have claimed, a ‘natural’ or ‘innocent’ form of mereology? The claim rests on the assumption that what a mass noun such as ‘wine’ denotes — the wine from a single barrel, for example — is indeed a unit of a special type, the sum or fusion of its many ‘parts’. The assumption is, however, open to question on semantic grounds. (shrink)

Over 60% of all epidemics have a zoonotic origin, that is, they result from the transmission of infectious diseases from animals to humans. The spill-over of diseases often happens because humans exploit and use animals. In this article, I outline the four most common interfaces that favour the emergence and spread of zoonotic infectious diseases: wildlife hunting, small-scale farming, industrialised farming practices and live animal markets. I analyse which practices serve human food security – and thus have a non-trivial purpose (...) – and which predominantly have an economic purpose or serve as a symbol of wealth. I conclude that many practices that increase the risk for zoonotic infectious disease outbreaks actually do not contribute to the survival and food security of humans. I make two arguments in turn. First, I argue that in cases where the consumption and use of animal products does not contribute to the food security of a population, then this population has a duty to abstain from them, since they impose a grave and avoidable risk to themselves as well as to innocent third-parties. However, some communities must sometimes rely on practices that increase the risk of emergence and transmission of zoonotic infectious diseases, because they have no healthy alternatives. That is, the food security of the local population depends on the consumption and use of risky animal products. The second argument I advance is that, in such scenarios, the international community has a duty to provide the communities concerned with alternative food options, as well as economic and educational opportunities and technologies, in order to reduce the spill-over risk of infectious diseases. Given that abstention from such practices contributes signifcantly to the public good and benefits the international community, the latter has a corresponding duty to provide local communities which abandon such practices with alternatives. (shrink)

Jonathan Quong proposes the following “Stringency Principle” for proportionality in self-defense: “If a wrongful attacker threatens to violate a right with stringency level X, then the level of defensive force it is proportionate to impose on the attacker is equivalent to X.” I adduce a counter-example that shows that this principle is wrong. Furthermore, Quong assumes that what determines the stringency of a person’s right is exclusively the amount of force that one would have to avert from someone else in (...) order to have a necessity justification for one’s transgressing the right in order to avert said force. Yet, Quong provides no argument as to why, first, the stringency of a right should be measured exclusively with reference to permissible rights-infringement; and second, he provides no explanation as to why the permissibility of the rights-infringement should be established with reference to “someone else,” namely with reference to an “innocent person,” instead of with reference to the person against whom the right in question is actually being held: the aggressor. I argue that the latter option is certainly the more plausible one, but so amended the stringency principle will be unable to adjudicate any substantive questions about proportionality in self-defense. In particular, Quong’s account cannot “explain” – contrary to what Quong claims – the allegedly intuitive judgment that one must not kill in defense of property or in order to avoid minor injuries. (shrink)

Findings from the cognitive sciences suggest that the cognitive mechanisms responsible for some memory errors are adaptive, bringing benefits to the organism. In this paper we argue that the same cognitive mechanisms also bring a suite of significant epistemic benefits, increasing the chance of an agent obtaining epistemic goods like true belief and knowledge. This result provides a significant challenge to the folk conception of memory beliefs that are false, according to which they are a sign of cognitive frailty, indicating (...) that a person is less reliable than others or their former self. Evidence of memory errors can undermine a person’s view of themselves as a competent epistemic agent, but we show that false memory beliefs can be the result of the ordinary operation of cognitive mechanisms found across the species, which bring substantial epistemic benefits. This challenge to the folk conception is not adequately captured by existing epistemological theories. However, it can be captured by the notion of epistemic innocence, which has previously been deployed to highlight how beliefs which have epistemic costs can also bring significant epistemic benefits. We therefore argue that the notion of epistemic innocence should be expanded so that it applies not just to beliefs but also to cognitive mechanisms. (shrink)

In this chapter, I examine Lewis's ideas about ontological innocence, ontological commitment and double-counting, in his discussion of composition as identity in Parts of Classes. I attempt to understand these primarily as epistemic or methodological claims: how far can we get down this route without adopting radical metaphysical theses about composition as identity?

Leibniz claims that for every possible substance S there is an individual concept that includes predicates describing everything that will ever happen to S, if S existed. Many commentators have thought that this leads Leibniz to think that all properties are had essentially, and thus that it is not metaphysically possible for substances to be otherwise than the way their individual concept has them as being. I argue against this common way of reading Leibniz’s views on the metaphysics of modality. (...) I develop a model in which individual concepts are innocent; that is, individual concepts are divine ideas that permit God to know everything that will ever happen to all possible substances, if created, but these individual concepts neither require that all properties are had essentially nor require that it is metaphysically necessary for substances to be the way their individual concepts have them as being. (shrink)

Quine taught us the difference between a theory’s ontology and its ideology. Ontology is the things a theory’s quantifiers must range over if it is true, Ideology is the primitive concepts that must be used to state the theory. This allows us to split the theoretical virtue of parsimony into two kinds: ontological parsimony and ideological parsimony. My goal is help illuminate the virtue of ideological parsimony by giving a criterion for ideological innocence—a rule for when additional ideology does (...) not count against parsimony. I propose the expressive power innocence criterion: if the ideology of theory one is expressively equivalent to that of theory two, then neither is ideologically simpler than the other. In its favor I offer the argument from accuracy, showing that any account of a theoretical virtue that is supposed to make theories that have it more likely to be true than theories that do not must respect it. Next I consider its ramifications, eliminating rival views and passing judgment on some arguments from parsimony that can be found in the literature. Finally, I consider two objections. First: I address an objection arising from the possibility of languages with a ‘primitive’ operator that allows us to list a theory’s primitives in the object-language. Second: I address an objection raised by Nelson Goodman against attempts to reckon simplicity by expressive power. Both objections fail. (shrink)

Delusions are defined as irrational beliefs that compromise good functioning. However, in the empirical literature, delusions have been found to have some psychological benefits. One proposal is that some delusions defuse negative emotions and protect one from low self-esteem by allowing motivational influences on belief formation. In this paper I focus on delusions that have been construed as playing a defensive function (motivated delusions) and argue that some of their psychological benefits can convert into epistemic ones. Notwithstanding their epistemic costs, (...) motivated delusions also have potential epistemic benefits for agents who have faced adversities, undergone physical or psychological trauma, or are subject to negative emotions and low self-esteem. To account for the epistemic status of motivated delusions, costly and beneficial at the same time, I introduce the notion of epistemic innocence. A delusion is epistemically innocent when adopting it delivers a significant epistemic benefit, and the benefit could not be attained if the delusion were not adopted. The analysis leads to a novel account of the status of delusions by inviting a reflection on the relationship between psychological and epistemic benefits. (shrink)

Vitoria and Suárez defend the categorical immunity of the innocent not to be intentionally killed. But they allow for inflicting collective punishment on the innocent and the noninnocent alike during and after a just war. So they allow for deliberately harming them. Inflicting harm on the innocent can often result in their death. Hence, holding both claims seems incoherent. First, the objections against using the term “innocent” are explained. Second, their views on just war are explored. And third, by appealing (...) to Aquinas' double-effect reasoning, it is shown how they try to avoid the above-mentioned incoherence. Still, their appeal might be insufficient to palliate the tension between the above-mentioned claims. If just wars are possible, the deliberate harming of the innocent is reasonably unavoidable for defeating and punishing those who wage them. Hence, defenders of just wars, whether from a religious or a secular perspective, must live with such a tension. (shrink)

It seems to be a common and intuitively plausible assumption that conversational implicatures arise only when one of the so-called conversational maxims is violated at the level of what is said. The basic idea behind this thesis is that, unless a maxim is violated at the level of what is said, nothing can trigger the search for an implicature. Thus, non-violating implicatures wouldn’t be calculable. This paper defends the view that some conversational implicatures arise even though no conversational maxim is (...) violated at the level of what is said. (shrink)

One of the popular explications of the deflationary tenet of ‘thinness’ of truth is the conservativeness demand: the declaration that a deflationary truth theory should be conservative over its base. This paper contains a critical discussion and assessment of this demand. We ask and answer the question of whether conservativity forms a part of deflationary doctrines.

Those who believe suitably programmed computers could enjoy conscious experience of the sort we enjoy must accept the possibility that their own experience is being generated as part of a computerized simulation. It would be a mistake to dismiss this is just one more radical sceptical possibility: for as Bostrom has recently noted, if advances in computer technology were to continue at close to present rates, there would be a strong probability that we are each living in a computer simulation. (...) The first part of this paper is devoted to broadening the scope of the argument: even if computers cannot sustain consciousness (as many dualists and materialists believe), there may still be a strong likelihood that we are living simulated lives. The implications of this result are the focus of the second part of the paper. The topics discussed include: the Doomsday argument, scepticism, the different modes of virtual life, transcendental idealism, the Problem of Evil, and simulation ethics. (shrink)

American in rem, or civil, forfeiture laws seem to implicate constitutional concerns insofar as such laws may authorize the government to confiscate privately owned property, regardless of the guilt or innocence of the owner. Historically, the justification of in rem forfeiture law has rested on the legal fiction that “[t]he thing is . . . primarily considered as the offender, or rather the offense is attached primarily to the thing.” Last Term, in Bennis v. Michigan, the Supreme Court upheld (...) the constitutionality of a public nuisance statute that authorized the government to abate a car-owner’s property interest, even though there had been no showing of negligence or wrongdoing on the part of the owner herself. Referring to this country’s “longstanding practice” of in rem forfeiture proceedings, the Court held that abatement under the Michigan statute neither offended due process nor violated the Fifth Amendment’s prohibition against takings without just compensation. By basing its decision on precedent, the Court prudently resisted the temptation to legislate from the bench. The Court also reached the right result in denying relief to Mrs. Bennis. Unfortunately, the Court’s appeal to past practice did not adequately address the constitutional concerns raised by the case. If the Court had said more about the traditional purpose and limits of in rem forfeitures, it could have addressed these concerns, while still avoiding the dangers of judicial activism. (shrink)

In this article Judith Jarvis Thomson's Good Samaritan Argument in defense of abortion in the case of rape is defended from two objections: the Kill vs. Let Die Objection, and the Intend to Kill vs. Merely Foresee Death Objection. The article concludes that these defenses do not defend Thomson from further objections from Peter Singer and David Oderberg.

This paper explores the prospects of employing a functional approach in order to improve our concept of actual causation. Claims of actual causation play an important role for a variety of purposes. In particular, they are relevant for identifying suitable targets for intervention, and they are relevant for our practices of ascribing responsibility. I argue that this gives rise to the challenge of purpose. The challenge of purpose arises when different goals demand adjustments of the concept that pull (...) in opposing directions. More specifically, I argue that a common distinction between certain kinds of preempted and preempting factors is difficult to motivate from an interventionist viewpoint. This indicates that an appropriately revised concept of actual causation would not distinguish between these two kinds of factors. From the viewpoint of retributivist responsibility, however, the distinction between preempted and preempting factors sometimes is important, which indicates that the distinction should be retained. (shrink)

A rhetoric of refuge and escape is a consistent feature of the world’s great garden traditions. The connections between a desire for escape, need for refuge and disquieting sense that life is no longer what it ought to be gestures to a complex conception of garden appreciation. I explore these connections using Christian, Islamic, and Chinese garden traditions. In them one finds a conception of certain gardens as places of moral refuge from the corruption and failings of the mainstream world.

Acquired Innocence. The Law, the Charge, and K.’s Trial: Franz Kafka and Franz Brentano <This essay is a slightly revised English version of “Das Gesetz, die Anklage und K..s Prozess: Franz Kafka und Franz Brentano” in Jahrbuch der deutschen Schillergesellschaft 24 (1980) 333-356. The approximate pagination for the German publication is given in angle brackets within the text> CONTENTS 1. The charge against Joseph K. Ignorance of the natural sanction of law and custom a. Brentano’s conception of natural law (...) b. Natural law and human need in the Protagoras 2. Correct choice: Brentano’s ethical theory a. The empirical origin of the concepts “good” and “better”: analogous derivation of “true” 18 b. Evident and blind judgments; evident and blind emotions c. Virtue is unteachable: the point of K.’s Trial d. Guilt and definite acquittal are logically compatible 3. K.’s case on appeal: innocence can be acquired 4. K.’s delusion over guilt: the legend “Before the Law” 27 . (shrink)

In The Innocent Eye, Nico Orlandi argues that vision is not a cognitive process. In particular, she argues that forming subject-level visual representations that are available for reasoning should not itself be understood as a process of inference. This comes to the claim that vision (properly so-called) is a process that produces representations but is not best understood as a process that uses representations.

In this paper I develop an objection to the version of expressivism found in Allan Gibbard’s book Thinking How to Live, and I suggest that the difficulty faced by Gibbard’s analysis is symptomatic of a problem for expressivism more generally. The central claim is that Gibbard’s expressivism is unable to account for certain normative judgments that arise in the process of evaluating cases of innocent mistakes. I begin by considering a type of innocent mistake that Gibbard’s view is able to (...) capture, one that can occur in situations in which our judgments of what it makes sense to do come apart from our judgments of what it makes sense to plan to do. Whether or not such mistakes are possible is a normative question, and I argue against Gibbard that we should adopt a normative stance that rules out such mistakes. This leads me to consider a second type of innocent mistake, one that can arise when an agent is constituted in such a way as to be incapable of recognizing the appropriate course of action. I argue here that our full normative assessment of the situation incorporates judgments that cannot be captured by Gibbard’s expressivism. I conclude by suggesting that any form of expressivism that shares Gibbard’s commitment to account for an intimate tie between normative judgments and action will face a similar problem. (shrink)

This paper rejects the imposition of "semantic innocence" as a constraint on semantic theories. In particular, it argues that recent attempts to justify the imposition of "semantic innocence" as a constraint on semantic theories fail.

In this paper, I motivate the addition of an actuality operator to relevant logics. Straightforward ways of doing this are in tension with standard motivations for relevant logics, but I show how to add the operator in a way that permits one to maintain the intuitions behind relevant logics. I close by exploring some of the philosophical consequences of the addition.

Cis moves to innocence are rhetorical moves by which cisgender feminists falsely position their failure to engage with structures of transmisogyny as epistemically and morally virtuous. The notion derives from Tuck and Yang’s (2012) concept of settler moves to innocence and Mawhinney’s (1998) concept of white moves to innocence. This piece considers the case study of Manne’s (2017) work, in which she purports to offer a unified account of misogyny while explicitly refusing to consider transmisogyny. The justification (...) she provides is that she lacks the “requisite authority to do so.” I identify three functions of Manne’s cis move to innocence: i) to allow her to appear to be in solidarity with trans women and transfeminine people without taking on any of the obligations that requires, ii) to structurally reproduce the epistemic exploitation of trans women and transfeminine people, and iii) to reduce the obligations of allies to affect rather than action. (shrink)

DNA evidence is one of the most significant modern advances in the search for truth since the cross examination, but its format as a random-match-probability makes it difficult for people to assign an appropriate probative value (Koehler, 2001). While Frequentist theories propose that the presentation of the match as a frequency rather than a probability facilitates more accurate assessment (e.g., Slovic et al., 2000), Exemplar-Cueing Theory predicts that the subjective weight assigned may be affected by the frequency or probability format, (...) and how easily examples of the event, i.e., ‘exemplars’, are generated from linguistic cues that frame the match in light of further evidence (Koehler & Macchi, 2004). This paper presents two juror research studies to examine the difficulties that jurors have in assigning appropriate probative value to DNA evidence when contradictory evidence is presented. Study 1 showed that refuting evidence significantly reduced guilt judgments when exemplars were linguistically cued, even when the probability match and the refuting evidence had the same objective probative value. Moreover, qualitative reason for judgment responses revealed that interpreting refuting evidence was found to be complex and not necessarily reductive; refutation was found indicative of innocence or guilt depending on whether exemplars have been cued or not. Study 2 showed that the introduction of judges’ directions to linguistically cue exemplars, did not increase the impact of refuting evidence beyond its objective probative value, but less guilty verdicts were returned when jurors were instructed to consider all possible explanations of the evidence. The results are discussed in light of contradictory frequentist and exemplar-cueing theoretical positions, and their real-world consequences. (shrink)

This dissertation begins by addressing the question of when a causal model is apt for deciding questions of actual causation with respect to some target situation. I first provide relevant background about causal models, explain what makes them promising as a tool for analyzing actual causation, and motivate the need for a theory of aptness as part of such an analysis (Chapter 1). I then define what it is for a model on a given interpretation to be accurate (...) of, that is, say only true things about, some target situation. This involves a systematization of various representational principles mentioned and/or discussed throughout the literature into a method of interpretation, which I propose be taken as standard (Chapter 2). Next, I explain and address two reasons for which accuracy as I’ve defined it is insufficient for aptness. The first reason – already discussed in the literature – is the problem of structural isomorphs. In response, I propose the aptness condition of Explicit Partial Mediation (Chapter 3). The second reason – which has yet to be noticed – is the problem of the indeterminacy of accuracy. As I demonstrate, a model is accurate of a target situation only relative to a set of background possibilities – what I call a modal profile. It follows that a model represents a situation only relative to some modal profile or other. I go on to discuss the ramifications of this observation for a theory of actual causation in terms of models. I argue that the relativity be taken at face value and built into our metaphysical account of causation, resulting in a view that I call causal relativism (Chapter 4). I explore one advantage of this view in detail: that the resulting account can defend the principle of strong proportionality against several objections (Chapter 5). Finally, I apply the earlier discussion of aptness to attempts to provide a semantics of counterfactuals in terms of causal models – an interventionist semantics. I show how just as a similarity semantics relies on an opaque notion of similarity, an interventionist semantics relies on an analogous notion of aptness. The challenge of articulating aptness thus undermines the claim that an interventionist semantics avoids representational problems inherent in a similarity semantics (Chapter 6). I close with a recap and suggestions for future research (Chapter 7). -/- . (shrink)

Although the Evans argument against vague identity has been much discussed, proposah for blocking it have not so far satisfied general conditions which any solution ought to meet. Moreover, the relation between ontically vague identity and ontic vagueness more generally has not yet been satisfactorily addressed. I advocate a way of resisting the Evans argument which satisfies the conditions. To show how this approach can vindicate particular cases of ontically vague identity, I develop a framework for describing ontic vagueness in (...) general in terms of multiple actualities. This provides aprìncipled approach to ontically vague identity which is unaffected by the Evans argument. (shrink)

According to the Ontological Innocence Thesis (OIT), grounded entities are ontologically innocent relative to their full grounds. I argue that OIT entails a contradiction, and therefore must be discarded. My argument turns on the notion of “groundmates,” two or more numerically distinct entities that share at least one of their full grounds. I argue that, if OIT is true, then it is both the case that there are groundmates and that there are no groundmates. Therefore, so I conclude, OIT (...) is false. Moreover, once we have seen why OIT is false, only three heterodox views about reality's structure remain. So this paper’s second conclusion is that, even after we have discarded OIT, we are in for an additional surprise. (shrink)

Envy has often been seen as a vice and the envied as its victims. I suggest that this plausible view has an important limitation: the envied sometimes actively try to provoke envy. They may, thus, be non-innocent victims. Having argued for this thesis, I draw some practical implications.

The familiar complaint that some ambitious proposal is infeasible naturally invites the following response: Once upon a time, the abolition of slavery and the enfranchisement of women seemed infeasible, yet these things were actually achieved. Presumably, then, many of those things that seem infeasible in our own time may well be achieved too and, thus, turn out to have been perfectly feasible after all. The Appeal to History, as we call it, is a bad argument. It is not true that (...) if some desirable state of affairs was actually achieved, then it was feasible that it was achieved. “Actual” does not imply “feasible,” as we put it. Here is our objection. “Feasible” implies “not counterfactually fluky.” But “actual” does not imply “not counterfactually fluky.” So, “actual” does not imply “feasible.” While something like the Flukiness Objection is sometimes hinted at in the context of the related literature on abilities, it has not been developed in any detail, and both premises are inadequately motivated. We offer a novel articulation of the Flukiness Objection that is both more precise and better motivated. Our conclusions have important implications, not only for the admissible use of history in normative argument, but also by potentially circumscribing the normative claims that are applicable to us. (shrink)

The problem of revisionism, or efforts to deny and censor the incontrovertible history of known genocides, is a growing one. It is now clear that denial is inevitably a phase of the genocidal process, extending far beyond the immediate politically expedient denials of governments who are currently engaging in genocidal massacre or have just recently done so—i.e., the Chinese government's abject denials of the killings of some 5,000 in Tiananmen Square, or the Sri Lanka government's denials of the state-organized massacre (...) of 5,000 Tamil. Denials of genocide continue long after the event by a variety of groups and people, including successor governments or successor enemies of the victim people, such as anti-Semites against Jews, Turks against Armenians, and bigots and celebrants of violence and murder of all sorts. But such denials also occur—and this is the most perplexing fact—among a variety of not obviously malevolent people, including intellectuals who, in the process of calling for a better world, effectively exonerate, support, encourage, and participate in denials of a known genocide, implicitly condoning and even celebrating its occurrence, meanings, and portents for the future. This article is an effort to study and analyze this latter phenomenon, which has been little recognized. Together with previous essays on the psychology of more explicit malevolent denials of genocide, the intention is to generate a broader psychological theory of denials of genocide and revisionism by proposing that there are also a variety of “innocent denials” of the factual reality or significance of known cases of genocide, and a variety of “innocent disavowals of violence” which in truth celebrate the violence. These “innocent denials” join with the well-known explicit bigots in creating a vast panorama of dangerous denials of genocides and implicit calls to new genocides in our world. (shrink)

Allan Gibbard maintains that his plan-based expressivism allows for a particular type of innocent mistake: I can agree that your plan to X makes sense (say, because it was based on advice from someone you trust), while nonetheless insisting that it is incorrect (e.g., because you chose a bad advisor). However, Steve Daskal has recently argued that there are significant limitations in Gibbard’s account of how we can be mistaken about the normative judgments we make. This essay refines Gibbard’s account (...) in order to show--contra Daskal--that expressivists can deliver a surprisingly robust form of normative objectivity. (shrink)

In the following text we would like to present the philosophical discussion on untrusting lies, which introduces a space for innocent lie understood as figurative manipulation of the speech: a poetic trope that we would argue could not only be generously used to help us tolerating our sometime deceiving human condition—which is global and universally ours, that of the finitude of human capacity of knowledge and ethical action—but also to maximise our capacity for knowledge formation and adaptation to values. Concepts (...) formation and communication relates to a collective interplay of different interiorized images, before it comes to the exterior in some well-chosen expressions, in self-mastered way; their origin remain in a mentally latent process of selection of content and ideas, as possible solutions of in a games of compatible propositions. These unconscious materials of our life relies on our capacity to identify and quickly switch between different spans, that enable us to focus on complex sets data, all depending very much on figurative manipulations, that should not be confounded with blameworthy and misleading representations. (shrink)

The counterpart theorist has a problem: there is no obvious way to understand talk about actuality in terms of counterparts. Fara and Williamson have charged that this obstacle cannot be overcome. Here I defend the counterpart theorist by offering systematic interpretations of a quantified modal language that includes an actuality operator. Centrally, I disentangle the counterpart relation from a related notion, a ‘representation relation’. The relation of possible things to the actual things they represent is variable, and an adequate (...) account of modal language must keep track of the way it is systematically shifted by modal operators. I apply my account to resolve several puzzles about counterparts and actuality. In technical appendices, I prove some important logical results about this ‘representational’ counterpart system and its relationship to other modal systems. (shrink)

A number of prominent epistemologists claim that the principle of sensitivity “play[s] a starring role in the solution to some important epistemological problems”. I argue that traditional sensitivity accounts fail to explain even the most basic data that are usually considered to constitute their primary motivation. To establish this result I develop Gettier and lottery cases involving necessary truths. Since beliefs in necessary truths are sensitive by default, the resulting cases give rise to a serious explanatory problem for the defenders (...) of sensitivity accounts. It is furthermore argued that attempts to modally strengthen traditional sensitivity accounts to avoid the problem must appeal to a notion of safety—the primary competitor of sensitivity in the literature. The paper concludes that the explanatory virtues of sensitivity accounts are largely illusory. In the framework of modal epistemology, it is safety rather than sensitivity that does the heavy explanatory lifting with respect to Gettier cases, lottery examples, and other pertinent cases. (shrink)

How do we determine whether some candidate causal factor is an actual cause of some particular outcome? Many philosophers have wanted a view of actual causation which fits with folk intuitions of actual causation and those who wish to depart from folk intuitions of actual causation are often charged with the task of providing a plausible account of just how and where the folk have gone wrong. In this paper, I provide a range of empirical evidence (...) aimed at showing just how and where the folk go wrong in determining whether an actual causal relation obtains. The evidence suggests that folk intuitions of actual causation are generated by two epistemically defective processes. I situate the empirical evidence within a background discussion of debunking, arguing for a two-pronged debunking explanation of folk intuitions of actual causation. I conclude that those who wish to depart from folk intuitions of actual causation should not be compelled to square their account of actual causation with the verdicts of the folk. In the dispute over actual causation, folk intuitions deserve to be rejected. (shrink)

In this paper I argue that both defence and criticism of the claim that humans act ‘under the guise of the good’ neglects the metaphysical roots of the theory. I begin with an overview of the theory and its modern commentators, with critics noting the apparent possibility of acting against the good, and supporters claiming that such actions are instances of error. These debates reduce the ‘guise of the good’ to a claim about intention and moral action, and in so (...) doing have become divorced from the theory's roots in classical and medieval philosophy. Aristotle and Aquinas’ ‘guise of the good’ is primarily a metaphysical claim resting on the equivalence between actuality and goodness, from which conclusions about moral action are derived. I show the reasoning behind their theory and how it forms the basis for the claims about intention and action at the centre of the modern debate. Finally, I argue that the absence of its original foundation is apparent in recent attacks on the ‘guise of the good’. It is unsurprising that modern action theory and ethics have not always been able to comfortably accommodate the ‘guise of the good’; they are only telling half of the story. (shrink)

Actual causes - e.g. Suzy's being exposed to asbestos - often bring about their effects - e.g. Suzy's suffering mesothelioma - probabilistically. I use probabilistic causal models to tackle one of the thornier difficulties for traditional accounts of probabilistic actual causation: namely probabilistic preemption.

This paper responds to Kenneth Waters’s account of actual difference making. Among other things, I argue that although Waters is right that researchers may sometimes be justified in focusing on genes rather than other causes of phenotypic traits, he is wrong that the apparatus of actual difference makers overcomes the traditional causal parity thesis.

We consider a natural-language sentence that cannot be formally represented in a first-order language for epistemic two-dimensional semantics. We also prove this claim in the “Appendix” section. It turns out, however, that the most natural ways to repair the expressive inadequacy of the first-order language render moot the original philosophical motivation of formalizing a priori knowability as necessity along the diagonal.

The paper replies to an earlier paper by Yannis Stephanou, who presented an argument purportedly showing the falsity of certain instances of the characteristic axiom of the modal logic B. The paper argues that the B axiom was not to blame for the unsoundness of Stephanou's argument.