This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and extensive (...) interviews with individuals drawn from government, agencies, and other parties, including counsel for public interest groups. This enables author, writing from her experience as a participant-observer embedded in the public interest legal sector, to draw on the experiences and perspectives of a broad range of participants in the regulatory process, including but not limited to those dealing with the regulated energy, transportation, communications, and foreign investment sectors. Legal principles identified as emergent in leading judicial decisions in administrative law are used to assess the powers and practices used in executive reviews and appeals. The author finds those powers and practices to be flawed and proposes changes. The proposed models are designed to accord with emerging legal principles and avoid flaws of the types identified in the review and appeal provisions. This work, written under contract with the Administrative Law Project of the Law Reform Commission of Canada, formed one part of a comprehensive study of administrative law at the federal level in Canada. (shrink)

A short story about the pitfals of a new law, the General Act for the Dismantling of Normalising Power and Structures of Privilege, and, more philosophically, about the problems of institutionalizing progressive politics through law. Published in The Cabinat of Imaginary Laws, by Peter Goodrich and Thanos Zartaloudis: Returning to the map of the island of utopia, this book provides a contemporary, inventive, addition to the long history of legal fictions and juristic phantasms. Aimed at an intellectual audience disgruntled with (...) the negativity of critique and the narrowness of the disciplines, this book will appeal especially to theorists, literati, lawyers, scholars and a general public concerned with the future of decaying laws and an increasingly derelict legal system. (shrink)

I reply to Muñoz-Suárez's objection to my argument by analogy with appeals to authority for the following necessary, but not sufficient, condition for strong appeals to intuition: (PAI) When philosophers appeal to intuitions, there must be an agreement among the relevant philosophers concerning the intuition in question; otherwise, the appeal to intuition is weak.

Radical skepticism is the view that we know nothing or at least next to nothing. Nearly no one actually believes that skepticism is true. Yet it has remained a serious topic of discussion for millennia and it looms large in popular culture. What explains its persistent and widespread appeal? How does the skeptic get us to doubt what we ordinarily take ourselves to know? I present evidence from two experiments that classic skeptical arguments gain potency from an interaction between two (...) factors. First, people evaluate inferential belief more harshly than perceptual belief. Second, people evaluate inferential belief more harshly when its content is negative (i.e., that something is not the case) than when it is positive (i.e., that something is the case). It just so happens that potent skeptical arguments tend to focus our attention on negative inferential beliefs, and we are especially prone to doubt that such beliefs count as knowledge. That is, our cognitive evaluations are biased against this specific combination of source and content. The skeptic sows seeds of doubt by exploiting this feature of our psychology. (shrink)

In this paper, I argue that appeals to intuition in Analytic Philosophy are not compelling arguments because intuitions are not the sort of thing that has the power to rationally persuade other professional analytic philosophers. This conclusion follows from reasonable premises about the goal of Analytic Philosophy, which is rational persuasion by means of arguments, and the requirement that evidence for and/or against philosophical theses used by professional analytic philosophers be public (or transparent) in order to have the power (...) to rationally persuade other professional analytic philosophers. Since intuitions are not public (or transparent) evidence, it follows that appeals to intuition are not compelling arguments for and/or against philosophical theses because they lack the power to rationally persuade other professional analytic philosophers. (shrink)

Surprisingly, many ethical realists and anti-realists, naturalists and not, all accept some version of the following normative appeal to the natural (NAN): evaluative and normative facts hold solely in virtue of natural facts, where their naturalness is part of what fits them for the job. This paper argues not that NAN is false but that NAN has no adequate non-parochial justification (a justification that relies only on premises which can be accepted by more or less everyone who accepts NAN) to (...) back up this consensus. I show that we cannot establish versions of NAN which are interesting in their own right (and not merely as instances of a general naturalistic ontology) by appealing to the nature of natural properties or the kind of in-virtue-of relation to which NAN refers, plus other plausible nonparochial assumptions. On the way, I distinguish different types of 'in virtue of claims. I conclude by arguing that the way in which assessment of meta-ethical hypotheses is theory-dependent predicts the failure of non-parochial justifications of NAN. (shrink)

Today, experimental philosophers challenge traditional appeals to intuition; they empirically collect folk intuitions and then use their findings to attack philosophers' intuitions. However this movement is not uniform. Radical experimentalists criticize the use of intuitions in philosophy altogether and they have been mostly attacked. Contrariwise, moderate experimentalists imply that laypersons' intuitions are somehow relevant to philosophical problems. Sometimes they even use folk intuitions in order to advance theoretical theses. In this paper I will try to challenge the so-called moderate (...) experimental attempts to rely on intuition in order to promote philosophical theses. Hoy en día, los filósofos experimentales ponen en duda la tradición de apelar a la intuición; coleccionan intuiciones empíricas populares y después utilizan sus descubrimientos para atacar las intuiciones de los filósofos. Sin embargo, esta estrategia no es uniforme. Los experimentalistas radicales critican cualquier uso de intuiciones en filosofía y han sido objeto de los mayores ataques. A diferencia de ellos, los experimentalistas moderados sugieren que las intuiciones del vulgo son de alguna manera pertinentes en los problemas filosóficos. Algunas veces incluso usan intuiciones populares para defender tesis teóricas. En este trabajo pretendo poner en duda los intentos de los llamados experimentalistas moderados de apelar a intuiciones para promover tesis filosóficas. (shrink)

This article sheds light upon the role of the audience in the construction and amendment of populist representative claims that in themselves strengthen representative-represented relationships and simultaneously strengthen ties between the represented who belong to different constituencies. I argue that changes in populist representative claims can be explained by studying the discursive relationship between a populist representative and the audience as a conversation in which both poles give and receive something. From this perspective, populist representative claims, I also argue, can (...) be understood as acts of bonding with the intended effect of constituting ‘the people,’ and inputs from the audience can be seen as conversational exercitives. Populist appeals therefore may change when the audience enacts new permissibility facts and signals to populist representatives that there is another way to strengthen relationships between several individuals belonging to otherwise-different constituencies. (shrink)

Despite being a prevalent theme in popular cinema, revenge has received little dedicated attention within film studies. The majority of research concerning the concept of revenge is located within moral philosophy, but that body of literature has been overlooked by film studies scholars. Philosophers routinely draw on filmic examples to illustrate their discussions of revenge, but those interpretations are commonly hindered by their authors’ inexperience with film studies’ analytical methods. This article seeks to bridge those gaps. The 2010 remake of (...) I Spit on Your Grave is used as a case study to illustrate the benefits of an interdisciplinary engagement with revenge. Philosophical literature on the topic has routinely posited that revenge is either appealing or appalling, and that impasse has stifled conceptual understanding. The interdisciplinary approach employed here elucidates that revenge is simultaneously appealing and appalling; this dualistic nature is evident in I Spit on Your Grave since it is built into the narrative design. I conclude that an interdisciplinary approach to revenge has the potential to advance understanding of revenge-qua-concept both within films studies and philosophy. (shrink)

In fragments from the Protrepticus, Aristotle offers three linked arguments for the view that philosophy is easy. According to an obvious normative worry, however, Aristotle also seems to think that the easiness of many activities has little to do with their choiceworthiness. Hence, if the Protrepticus seeks to exhort its audience to philosophize on the basis of philosophy’s easiness, then perhaps the Protrepticus provides the wrong sort of hortatory appeal. In response, I briefly situate Aristotle’s arguments in their dialectical context. (...) On this basis, I elucidate what sort of easiness Aristotle attributes to philosophy, and what difference Aristotle thinks philosophy’s easiness makes to its choiceworthiness. (shrink)

Hume argues that whenever we seem to be motivated by reason, there are unnoticed calm passions that play this role instead, a move that is often criticised asad hoc(e. g. Stroud 1977 and Cohon 2008). In response, some commentators propose a conceptual rather than empirical reading of Hume’s conativist thesis, either as a departure from Hume (Stroud 1977), or as an interpretation or rational reconstruction (Bricke 1996). I argue that conceptual accounts face a dilemma: either they render the conativist thesis (...) trivial, or they violate Hume’s thesis that ‘a priori, any thing may produce any thing’ (THN1.4.5.30). I defend an empirical construal of Hume’s conativist thesis. I provide two theoretical frameworks within which Hume’s appeal to the calm passions may be justified: first, by the framework of theoretical virtues, and secondly, by lights of his own “rules by which to judge of causes and effects” (THN1.3.15). (shrink)

The rhetoric of disgust is common in moral discourse and political propaganda. Some believe it's pernicious, for it convinces without evidence. But scientific research now suggests that disgust is typically an effect, not a cause, of moral judgment. At best the emotion on its own only sometimes slightly amplifies a moral belief one already has. Appeals to disgust are thus dialectically unhelpful in discourse that seeks to convince. When opponents of abortion use repulsive images to make their case, they (...) convince few, even if they rally their base. When champions of animal rights show graphic depictions of the torturous conditions of animals in factory farms, they convince only those previously ignorant of the severity of such conditions. Ultimately, disgust may be less pernicious than it is useless. (shrink)

Natural theology is the branch of theology and philosophy that attempts to gain knowledge of God through non-revealed sources. In a narrower sense, natural theology is the discipline that presents rational arguments for the existence of God. Given that these arguments rarely directly persuade those who are not convinced by their conclusions, why do they enjoy an enduring appeal? This article examines two reasons for the continuing popularity of natural theological arguments: (i) they appeal to intuitions that humans robustly hold (...) and that emerge early in cognitive development; (ii) they serve an argumentative function by presenting particular religious views as live options. I conclude with observations on the role of natural theology in contemporary analytic philosophy of religion. (shrink)

We present evidence from a pre-registered experiment indicating that a philosophical argument––a type of rational appeal––can persuade people to make charitable donations. The rational appeal we used follows Singer’s well-known “shallow pond” argument (1972), while incorporating an evolutionary debunking argument (Paxton, Ungar, & Greene 2012) against favoring nearby victims over distant ones. The effectiveness of this rational appeal did not differ significantly from that of a well-tested emotional appeal involving an image of a single child in need (Small, Loewenstein, and (...) Slovic 2007). This is a surprising result, given evidence that emotions are the primary drivers of moral action, a view that has been very influential in the work of development organizations. We did not find support for our pre-registered hypothesis that combining our rational and emotional appeals would have a significantly stronger effect than either appeal in isolation. However, our finding that both kinds of appeal can increase charitable donations is cause for optimism, especially concerning the potential efficacy of well-designed rational appeals. We consider the significance of these findings for moral psychology, ethics, and the work of organizations aiming to alleviate severe poverty. (shrink)

Given the sheer vastness of the totality of contemporary human knowledge and our individual epistemic finitude it is commonplace for those of us who lack knowledge with respect to some proposition(s) to appeal to experts (those who do have knowledge with respect to that proposition(s)) as an epistemic resource. Of course, much ink has been spilled on this issue and so concern here will be very narrowly focused on testimony in the context of epistemological views that incorporate evidentialism and internalism, (...) and which are either reductivist or non-reductivist in nature. Also, as the main question about testimony addressed here is whether or not testimony can provide any basic justification at all, attention will be narrowly focused on the simple case where one is presented with testimony that something is the case from only one source and on one occasion. It turns out that there are some seriously odd epistemic features of such appeals to expertise that arise both for those who intend to accept internalism, evidentialism and reductivism about justification by testimony and for those who intend to accept internalism, evidentialism and non-reductivism about justification by testimony. (shrink)

One Stoic response to the skeptical indistinguishability argument is that it fails to account for expertise: the Stoics allow that while two similar objects create indistinguishable appearances in the amateur, this is not true of the expert, whose appearances succeed in discriminating the pair. This paper re-examines the motivations for this Stoic response, and argues that it reveals the Stoic claim that, in generating a kataleptic appearance, the perceiver’s mind is active, insofar as it applies concepts matching the perceptual stimulus. (...) I argue that this claim is reflected in the Stoic definition of the kataleptic appearance, and that it respects their more general account of mental representation. I further suggest that, in attributing some activity to the mind in creating each kataleptic appearance, and in claiming that the expert’s mind allows her to form more kataleptic appearances than the amateur, the Stoics draw inspiration from the wax tablet model in Plato’s Theaetetus (190e–196d), where Socrates distinguishes the wise from the ignorant on the basis of how well they match sensory input with its appropriate mental ‘seal’ (σφραγίς). (shrink)

In this paper, I will try to answer the question: How are we supposed to assess the expert’s opinion in an argument from the position of an outsider to the specialized field? by placing it in the larger context of the political status of epistemic authority. In order to do this I will first sketch the actual debate around the problem of expertise in a democracy and relate this to the issue of the status of science in society. Secondly, I (...) will review how Douglas Walton’s pragma-dialectical approach offers a practical procedure to assess the expert bias from a nonprofessional’s perspective. Thirdly, I will introduce the problem of group bias using insights from Bohman and Fischer and show how Walton’s solution does not address this specific type of bias. Lastly, I will try proposing a revision of Walton’s solution in order to address this problem. In order to make the explanation more easy to follow I will use a case study concerning the medical expertise in the public debate on second-hand smoke. (shrink)

Some recent work by philosophers of mathematics has been aimed at showing that our knowledge of the existence of at least some mathematical objects and/or sets can be epistemically grounded by appealing to perceptual experience. The sensory capacity that they refer to in doing so is the ability to perceive numbers, mathematical properties and/or sets. The chief defense of this view as it applies to the perception of sets is found in Penelope Maddy’s Realism in Mathematics, but a number of (...) other philosophers have made similar, if more simple, appeals of this sort. For example, Jaegwon Kim (1981, 1982), John Bigelow (1988, 1990), and John Bigelow and Robert Pargetter (1990) have all defended such views. The main critical issue that will be raised here concerns the coherence of the notions of set perception and mathematical perception, and whether appeals to such perceptual faculties can really provide any justification for or explanation of belief in the existence of sets, mathematical properties and/or numbers. (shrink)

Impartially Optimizing Consequentialism requires agents to act so as to bring about the best outcome, as judged by a preference ordering which is impartial among the needs and interests of all persons. IOC may seem to be only rational response to the recognition that one is only one person among many others with equal intrinsic moral status. A person who adopts a less impartial deontological alternative to IOC may seem to fail to take seriously the fact that other persons matter (...) in the same way that she takes herself to matter. This paper examines this ‘seductive appeal’ of IOC. It argues that IOC is not the only rational way to recognize the fact that each person matters. It presents an alternative conception of how to recognize the status of other persons as beingswho-matter, an alternative that has Kantian rather than consequentialist implications. (shrink)

It might be that intuitions are central to philosophy, and it might be that this is true because when philosophers give case‐based arguments for philosophical claims (in published philosophy), the case verdict is typically (a) an intuited proposition and (b) either left undefended or defended on the grounds that it is an intuited proposition. This paper remains neutral on these global issues, however, and instead focuses on whether there is a nontrivial (or many‐membered) class of case‐based arguments in philosophy in (...) which the case verdict is defended by appeal to background beliefs and not on the grounds that it is an intuited proposition. The paper argues that the answer is affirmative by examining seven such arguments that are referred to as “paradigm cases” of case‐based arguments in which the verdict is justified via an appeal to intuition. (shrink)

Giubilini and Minerva argue that the permissibility of abortion entails the permissibility of infanticide. Proponents of what we refer to as the Birth Strategy claim that there is a morally significant difference brought about at birth that accounts for our strong intuition that killing newborns is morally impermissible. We argue that strategy does not account for the moral intuition that late-term, non-therapeutic abortions are morally impermissible. Advocates of the Birth Strategy must either judge non-therapeutic abortions as impermissible in the later (...) stages of pregnancy or conclude that they are permissible on the basis of premises that are far less intuitively plausible than the opposite conclusion and its supporting premises. (shrink)

Fallacious reasoning can stem from interacting with purported advocates and/or critics who are not competent to fulfil their respective roles relative to the topic under discussion. The notions of the “incompetent advocate” and the “incompetent critic” are introduced and described, and they are then invoked in the descriptions of three new fallacies. I conclude with some recommendations as to how one can avoid these fallacious traps.

With respect to climate change, what is wanted is an account that morally condemns the production of ‘luxury’ greenhouse gas emissions (e.g., joyriding in an SUV), but not ‘subsistence’ emissions (e.g., cooking meals). Now, our individual greenhouse gas emissions either cause harm, or they do not—and those who condemn the production of luxury emissions generally stake their position on the grounds that they do cause harm. Meanwhile, those seeking to defend the moral permissibility of luxury emissions generally do so by (...) arguing that our individual emissions do not cause harm. Here, I argue that, if our individual emissions do cause harm, then this entails too much. For, it entails not only that our luxury emissions are morally impermissible, but that our subsistence emissions are too. This is an undesirable result. Therefore, I propose that we embrace our other option. Namely, I propose that we accept that our individual emissions do not cause harm; or at least, that they make no perceptible difference with respect to the harms associated with climate change. The result of this admission is not as bad as you might think. For, I argue, even if we are individually causally impotent with respect to the harms of climate change, there remains a plausible route toward the moral condemnation of our individual luxury emissions—contrary to what others have argued. What is more, only by accepting our individual causal impotence can we successfully ground the permissibility of our individual subsistence emissions. (shrink)

Why do thinkers hostile or agnostic toward Christianity find in its apocalyptic doctrines—often seen as bizarre—appealing tools for interpreting politics? This article tackles that puzzle. First, i...

In 1982, when T. M. Scanlon published “Contractualism and Utilitarianism,” he noted that, despite the widespread attention to Rawls’ A Theory of Justice, the appeal of contractualism as a moral theory had been under appreciated. In particular, the appeal of contractualism’s account of what he then called “moral motivation” had been under appreciated.1 It seems to me that, in the intervening quarter century, despite the widespread discussion of Scanlon’s work, the appeal of contractualism, in precisely this regard, has still been (...) under appreciated—even though Scanlon makes what he once called “moral motivation” central, throughout his work. My first aim, then, is to do my best to draw out and make vivid this appeal. I will do this by first considering the two questions that Scanlon thinks must be addressed by any moral theory, what he once called “the question of subject matter” and “the question of motivation.” I will spend some time first locating and explicating the second question, of motivation, and then displaying Scanlon’s answer to it—it is this answer which provides contractualism with its under-appreciated appeal. I will then return to the question of subject matter—which will, by that point, have been revealed as not wholly distinct from the question of motivation, as Scanlon understands it. But it is as an answer to this question that Scanlon’s theory is most often.. (shrink)

Many Christian theodicists believe that God's creating us with the capacity to love Him and each other justifies, in large part, God's permitting evil. For example, after reminding us that, according to Christian doctrine, the supreme good for human beings is to enter into a reciprocal love relationship with God, Vincent Brummer recently wrote: In creating human persons in order to love them, God necessarily assumes vulnerability in relation to them. In fact, in this relation, he becomes even more vulnerable (...) than we do, since he cannot count on the steadfastness of our love the way we can count on his steadfastness.... If God did not grant us the ability to sin and cause affliction to him and to one another, we would not have the kind of free and autonomous existence necessary to enter into a relation of love with God and with one another.... Far from contradicting the value which the free will defence places upon the freedom and responsibility of human persons, the idea of a loving God necessarily entails it. In this way we can see that the free will defence is based on the love of God rather than on the supposed intrinsic value of human freedom and responsibility.1 And Peter van Inwagen recently put the same point this way. (shrink)

Ormerod and Chronicle reported that optimal solutions to traveling salesperson problems were judged to be aesthetically more pleasing than poorer solutions and that solutions with more convex hull nodes were rated as better figures. To test these conclusions, solution regularity and the number of potential intersections were held constant, whereas solution optimality, the number of internal nodes, and the number of nearest neighbors in each solution were varied factorially. The results did not support the view that the convex hull is (...) an important determinant of figural attractiveness. Also, in contrast to the findings of Ormerod and Chronicle, there were consistent individual differences. Participants appeared to be divided as to whether the most attractive figure enclosed a given area within a perimeter of minimum or maximum length. It is concluded that future research in this area cannot afford to focus exclusively on group performance measures. (shrink)

Geoffrey Stokes's introduction to Karl Popper's work portrays it as an evolving system of ideas and aims to explore the little-understood intricate logical relationships between Popper's work on scientific method and his philosophy of politics. It is one of the few books to cover the debate between Popper and the Frankfurt School. Characteristic of many of Stokes's "criticisms" is that they are presented as Popper "admitting" or "granting" them - as if Popper was not the one who originally raised and (...) dealt with them in the systematic elaboration of his philosophy. A refreshing exception is that Stokes acknowledges (but only in a footnote) that the idea that Popper was originally a "dogmatic falsificationist" is merely a Lakatosian myth. (shrink)

Some recent researches in experimental philosophy have posed a problem for philosophers’ appeal to intuition (hereinafter referred to as PAI); the aim of this paper is to offer an answer to this challenge. The thesis against PAI implies that, given some experimental results, intuition does not seem to be a reliable epistemic source, and —more importantly— given the actual state of knowledge about its operation, we do not have sufficient resources to mitigate its errors and thus establish its reliability. That (...) is why PAI is hopeless. Throughout this paper I will defend my own conception of PAI, which I have called the Deliberative Conception, and consequently, I will defend intersubjective agreement as a means to mitigate PAI errors, offering empirical evidence from recent studies on the Argumentative Theory of Reason that favor the conception I defend here. Finally, I will reply to some objections that might arise against the Deliberative Conception, which will lead me to discuss some metaphilosophical issues that are significantly relevant for the future of the dispute about the appeal to intuition. (shrink)

In this paper I argue that Tyler Burge's non-reductive view of testiomonial knowledge cannot adeqautrely discriminate between fallacious ad vericumdium appeals to expet testimony and legitimate appeals to authority.

An understanding of the factors behind the evolution of multicellularity is one of today’s frontiers in evolutionary biology. This is because multicellular organisms are made of one subset of cells with the capacity to transmit genes to the next generation and another subset responsible for maintaining the functionality of the organism, but incapable of transmitting genes to the next generation. The question arises: why do somatic cells sacrifice their lives for the sake of germline cells? How is germ/soma separation maintained? (...) One conventional answer refers to inclusive fitness theory, according to which somatic cells sacrifice themselves altruistically, because in so doing they enhance the transmission of their genes by virtue of their genetic relatedness to germline cells. In the present article we will argue that this explanation ignores the key role of policing mechanisms in maintaining the germ/soma divide. Based on the pervasiveness of the latter, we argue that the role of altruistic mechanisms in the evolution of multicellularity is limited and that our understanding of this evolution must be enriched through the consideration of coercion mechanisms. (shrink)

Statements such as “X is beautiful but I don’t like how it looks” or “I like how X looks but it is not beautiful” sound contradictory. How contradictory they sound might however depend on the object X and on the aesthetic adjective being used (“beautiful”, “elegant”, “dynamic”, etc.). In our study, the first sentence was estimated to be more contradictory than the latter: If we describe something as beautiful, we often intend to evaluate its appearance, whereas it is less counterintuitive (...) to appreciate an appearance without finding it beautiful. Furthermore, statements including “beautiful” appeared more contradictory than those including “elegant” and “dynamic”, pointing to its greater evaluative component. When related to artworks, sentences could appear less contradictory due to readers’ consideration of the divergence between conventional beauty and art-related sensory pleasures that can even include negative valence. Such ambivalence might be more frequent in art-objects than in other artefacts. Indeed, in our study, sentences referring to artworks were estimated to be less contradictory compared to sentences referring to other artefacts. Meanwhile, an additional small group of graphic design students showed a less clear difference between art-related and non-art-related sentences. We discuss the potential influence of art experience and interest as well as theoretical and methodological challenges like the conceptualization of beauty. (shrink)

This article argues that personal medical data should be made available for scientific research, by enabling and encouraging individuals to donate their medical records once deceased, similar to the way in which they can already donate organs or bodies. This research is part of a project on posthumous medical data donation developed by the Digital Ethics Lab at the Oxford Internet Institute at the University of Oxford. Ten arguments are provided to support the need to foster posthumous medical data donation. (...) Two major risks are also identified—harm to others, and lack of control over the use of data—which could follow from unregulated donation of medical data. The argument that record-based medical research should proceed without the need to secure informed consent is rejected, and instead a voluntary and participatory approach to using personal medical data should be followed. The analysis concludes by stressing the need to develop an ethical code for data donation to minimise the risks, and offers five foundational principles for ethical medical data donation suggested as a draft code. (shrink)

Does the wide distribution of political power in democracies, relative to other modes of government, result in better decisions? Specifically, do we have any reason to believe that they are better qualitatively – more reasoned, better supported by the available evidence, more deserving of support – than those which have been made by other means? In order to answer this question we examine the recent effort by Talisse and Misak to show that democracy is epistemically justified. Highlighting the strengths and (...) weaknesses of their arguments, we conclude that the differences between an epistemic conception of democracy and an epistemic justification of democracy are fundamental to determining the relative attractions of different arguments for democracy, and their implications for actual forms of government. (shrink)

We present ethical reasons that the court should grant the Nonhuman Rights Project’s (NhRP) request for habeas corpus relief for Happy, an elephant. Happy has a basic interest in not being confined, an interest that should be legally protected just as the human interest in not being confined is legally protected. Since the decision in The Nonhuman Rights Project, Inc. v Breheny failed to weigh Happy’s interests properly, we ask this body to correct the error.

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s personhood.

This paper explores the concept of "inorganic sexuality" in the work of Italian writer and philosopher Mario Perniola. The main objective is to develop the controversial and original aspects of Perniola's thought within his aesthetic theory of feeling. Perniola elaborates the so-called "thing that feels", namely a feeling in which the neutral and impersonal dimensions of the things flow into organic life and vice versa. This perspective, as will be clarified, by dissolving the vitalist and spiritualist drives of the subject, (...) enlarges the horizon of aesthetic feeling by welcoming what is commonly left outside of it: the inorganic and material world, in its surprising aspects, but also in its uncanny and disturbing ones. Therefore, the main goal of this paper is to show the significance and the value of neutral sexuality, which opens up a space of experiences beyond the traditional metaphysical oppositions such as masculine/feminine, organic/inorganic, alive/dead, real/virtual, gender/sex. (shrink)

I argue in this paper that Locke and contemporary Lockeans underestimate the problems involved in their frequent, implicit assumption that when we apply the proviso we use the latest scientific knowledge of natural resources, technology, and the economy’s operations. Problematic for these theories is that much of the pertinent knowledge used is obtained through particular persons’ labor. If the knowledge obtained through individuals’ labor must be made available to everyone and if particular persons’ new knowledge affects the proviso’s proper application, (...) then some end up without freedom to pursue their own ends and some find their freedom subject to others’ arbitrary will. (shrink)

This paper starts by providing a succinct overview of the sensorimotor approach to phenomenal consciousness, describing its two parts: the part that concerns the quality of sensations, and the part that concerns whether or not such qualities are (consciously) experienced. The paper goes on to discuss the explanatory status of the approach, claiming that the approach does not simply “explain away” qualia, but that on the contrary, it provides a way of thinking about qualia that explains why they are the (...) way they are, stimulates scientific paradigms and produces testable predictions. A final part of the paper examines the relation of the theory to radical enactivism, claiming that some kind of “higher order” cognitive mechanism similar to that used in Higher Order Thought theories of consciousness is needed to account for what is usually meant by being conscious of something. (shrink)

"I am often rude. I often want to be rude. I often enjoy being rude. I even frequently enjoy witnessing the rudeness of others. Indeed, I could write a book devoted entirely to rudeness I have relished." This is, perhaps, the most charming opening to a philosophical study of civility that has been, and maybe ever will be, penned. The rest of us working on the topic should probably abandon our aspirations now. And these lines are not only charming; they (...) are illuminating, revealing something of both the style and substance of The Wrongs of Rudeness. Stylistically, we learn that the work that follows will be both personal and personable, its author a warm and witty companion. Substantively, we learn that this exhortation... (shrink)

Odd and memorable examples are a distinctive feature of Charles Travis's work: cases involving squash balls, soot-covered kettles, walls that emit poison gas, faces turning puce, ties made of freshly cooked linguine, and people grunting when punched in the solar plexus all figure in his arguments. One of Travis's examples, involving a pair of situations in which the leaves of a Japanese maple tree are painted green, has even spawned its own literature consisting of attempts to explain the context sensitivity (...) of color adjectives ("green", e.g.). For Travis, these examples play a central role in his arguments for occasion-sensitivity, which he takes to be a pervasive feature of how we understand natural language. But how, exactly, do these examples work? My aims in this paper are to put Travis’s examples under the microscope, using recent experimental studies of Travis-style cases to raise worries about aspects of the way Travis's cases are informally presented, but then show how his examples can be redesigned to respond to these doubts. (shrink)

Recent authors have drawn attention to a new kind of defeating evidence commonly referred to as higher-order evidence. Such evidence works by inducing doubts that one’s doxastic state is the result of a flawed process – for instance, a process brought about by a reason-distorting drug. I argue that accommodating defeat by higher-order evidence requires a two-tiered theory of justification, and that the phenomenon gives rise to a puzzle. The puzzle is that at least in some situations involving higher-order defeaters (...) the correct epistemic rules issue conflicting recommendations. For instance, a subject ought to believe p, but she ought also to suspend judgment in p. I discuss three responses. The first resists the puzzle by arguing that there is only one correct epistemic rule, an Über-rule. The second accepts that there are genuine epistemic dilemmas. The third appeals to a hierarchy or ordering of correct epistemic rules. I spell out problems for all of these responses. I conclude that the right lesson to draw from the puzzle is that a state can be epistemically rational or justified even if one has what looks to be strong evidence to think that it is not. As such, the considerations put forth constitute a non question-begging argument for a kind of externalism. (shrink)

In this paper we provide a psychological explanation for ‘grounding observations’—observations that are thought to provide evidence that there exists a relation of ground. Our explanation does not appeal to the presence of any such relation. Instead, it appeals to certain evolved cognitive mechanisms, along with the traditional modal relations of supervenience, necessitation and entailment. We then consider what, if any, metaphysical conclusions we can draw from the obtaining of such an explanation, and, in particular, if it tells us (...) anything about whether we ought to posit a relation of ground. (shrink)

An account of distinctively mathematical explanation (DME) should satisfy three desiderata: it should account for the modal import of some DMEs; it should distinguish uses of mathematics in explanation that are distinctively mathematical from those that are not (Baron [2016]); and it should also account for the directionality of DMEs (Craver and Povich [2017]). Baron’s (forthcoming) deductive-mathematical account, because it is modelled on the deductive-nomological account, is unlikely to satisfy these desiderata. I provide a counterfactual account of DME, the Narrow (...) Ontic Counterfactual Account (NOCA), that can satisfy all three desiderata. NOCA appeals to ontic considerations to account for explanatory asymmetry and ground the relevant counterfactuals. NOCA provides a unification of the causal and the non-causal, the ontic and the modal, by identifying a common core that all explanations share and in virtue of which they are explanatory. (shrink)

Cognitive representations are typically analysed in terms of content, vehicle and format. While current work on formats appeals to intuitions about external representations, such as words and maps, in this paper we develop a computational view of formats that does not rely on intuitions. In our view, formats are individuated by the computational profiles of vehicles, i.e., the set of constraints that fix the computational transformations vehicles can undergo. The resulting picture is strongly pluralistic, it makes space for a (...) variety of different formats, and is intimately tied to the computational approach to cognition in cognitive science and artificial intelligence. (shrink)

Quassim Cassam has argued that psychological and epistemological analyses of conspiracy theories threaten to overlook the political nature of such theories. According to Cassam, conspiracy theories are a form of political propaganda. I develop a limited critique of Cassam's analysis.This paper advances two core theses. First, acceptance of conspiracy theories requires a rejection of epistemic authority that renders conspiracy theorists susceptible to co-option by certain political programs while insulating such programs from criticism. I argue that the contrarian nature of conspiracy (...) theories partially accounts for the prominence of such theories in populist movements.Second, the contrarian nature of conspiracy theories partially accounts for their attractiveness, especially among those to whom populism already appeals. I argue that for those who resent what appears from their perspective as the shaping of the epistemic landscape by alien perspectives, conspiracy theorizing may facilitate the reassertion of epistemic autonomy. (shrink)

Opponents to consciousness in fish argue that fish do not feel pain because they do not have a neocortex, which is a necessary condition for feeling pain. A common counter-argument appeals to the multiple realizability of pain: while a neocortex might be necessary for feeling pain in humans, pain might be realized differently in fish. This paper argues, first, that it is impossible to find a criterion allowing us to demarcate between plausible and implausible cases of multiple realization of (...) pain without running into a circular argument. Second, opponents to consciousness in fish cannot be provided with reasons to believe in the multiple realizability of pain. I conclude that the debate on the existence of pain in fish is impossible to settle by relying on the multiple realization argument. (shrink)