Can the question "Why do what morality requires?" be answered in such a way that anyone regardless of their desires or interests has reason to be moral? One strategy for answering this question appeals to constitutive arguments. In general, constitutive arguments attempt to establish the normativity of rational requirements by pointing out that we are already committed to them insofar as we are believers or agents. This study is concerned with the general prospects for such (...) class='Hi'>arguments. It starts by explaining the general constitutive argument strategy, followed by an examination of constitutive arguments that have been given regarding theoretical reason and the instrumental principle in practical reason, and concluding with a discussion of some challenges to constitutive arguments in moral philosophy and some possible responses to these challenges. (shrink)

Galen Strawson’s Basic Argument is that because self-creation is required to be truly morally responsible and self-creation is impossible, it is impossible to be truly morally responsible for anything. I contend that the Basic Argument is unpersuasive and unsound. First, I argue that the moral luck debate shows that the self-creation requirement appears to be contradicted and supported by various parts of our commonsense ideas about moral responsibility, and that this ambivalence undermines the only reason that Strawson gives for the (...) self-creation requirement. Second, I argue that the self-creation requirement is so demanding that either it is an implausible requirement for a species of true moral responsibility that we take ourselves to have or it is a plausible requirement of a species of true moral responsibility that we have never taken ourselves to have. Third, I explain that Strawson overgeneralizes from instances of constitutive luck that obviously undermine moral responsibility to all kinds of constitutive luck. (shrink)

I think the basic intuition behind textualism correct – that the meaning of a law is fixed by referencing the meaning of its words according to the meaning common to the law’s ratifiers. However, even if true, it does not follow that interpretation of a law goes through the original ratifiers. Rather, a citizenry continually ratifies the laws to which it subjects itself, and as the meanings of those words change over time, so will those laws. Concerning, say, the U.S. (...) Constitution, though the text may be very nearly the same now as in the 18th century, a different constitution is in effect. (shrink)

In “The Zygote Argument is Invalid: Now What?” (2015), Kristin Mickelson published an objection to the Zygote Argument that she first presented in 2012 as workshop comments on a draft of Mele's "Manipulation, Moral Responsibility, and Bullet-Biting" (2013). Assuming that the phrase "determinism precludes free will" means something like determinism-related causal factors are what prevent people from acting freely when determinism is true, Mele's original Zygote Argument was invalid. At the workshop, Mickelson presented Mele with two options to address the (...) problem, a premise-preserving option and a conclusion-preserving option. That is, Mele could change the conclusion of the original argument to the negative, non-explanatory thesis entailed by its original two premises, or find a way to add premises that would support the positive, explanatory conclusion of the original argument (which, notably, is the conclusion that Pereboom supports using best-explanation reasoning in his Four-Case Argument). Mickelson used this as an opportunity to explain the key contribution that best-explanation reasoning makes to manipulation arguments -- and why the best variant of the manipulation argument might conclude that incompatibilism is FALSE. IN RESPONSE to Mickelson's objection, Mele changed the conclusion of the argument before "Manipulation, Moral Responsibility, and Bullet-Biting" went to print, choosing Mickelson's proposal to change its conclusion over the suggestion to change its premises. However, Mele failed to mention Mickelson's invalidity objection in print and that he changed the conclusion of his argument as a direct response to it; nor did Mele mention the costs that Mickelson outlined for the premise-preserving solution that he adopted or the benefits of a conclusion-preserving solution. At the same time, Mele began using the term 'incompatibilism' to pick out the negative, non-explanatory claim supported by the newly revised Zygote Argument--and also started to claim (without providing evidence) that those who use the term 'incompatibilism' to denote the explanatory claim deterministic causal factors *make it the case* that no one acts freely when determinism is true" is guilty of using the term in a nonstandard and nontraditional way that he had "never had any use for"--failing to mention that he clearly used the term in this explanatory sense in his 2005 critique of the Four-Case Argument, which is to be expected give that Derk Pereboom uses the explanatory definition (as do Kadri Vihvelin, Carolina Sartorio, and *most* other contributors to the free-will literature). In THIS reply essay, Mickelson responds to an attempt by Gabriel De Marco (FSU, advisor Alfred Mele) to defend the original Zygote Argument from Mickelson's 2012/2015 critique. Unfortunately, both of De Marco's proposed "solutions" are non-starters. The first is a non-starter because De Marco merely repeats the premise-preserving solution that Mickelson offered to Mele in 2012 and that Mele adopted in print in 2013. In other words, De Marco took credit for the premise-preserving solution to the invalidity objection that Mickelson developed (although he does *redescribe* Mickelson's solution in his own idiosyncratic jargon) and Mele had already adopted in print. De Marco's second solution is a non-starter because it is constituted by a patently invalid argument. Contrary to De Marco's proposal, it's not true that the conjunction of possibilism and incompossibilism deductively entails the positive, diagnostic claim that deterministic causal factors beyond one's control precludes (destroys, undermines, is antagonistically relevant to) free will when determinism is true. *My thanks to the editors of Philosophia for publishing this reply when PhilStudies would not. (shrink)

This paper is based on the comments I gave to Alfred Mele regarding his original Zygote Argument during my presentation at a small workshop on manipulation arguments in Budapest back in 2012. After those comments, Mele changed the conclusion of his original Zygote Argument and redefined 'incompatibilism' so that it would refer to the conclusion of his new Zygote Argument (Mele 2013+). Yet, over the last decade, Mele has made no comment in print about the changes he made nor (...) the invalidity objection that led to them. To my knowledge, Mele has only mentioned this 2015 paper once: in the context of defending his non-explanatory definition of 'incompatibilism' at the opening of Aspects of Agency (p. 6, n. 4), Mele draws his readers' attention to just *just this paper* as a place where they'll find the type of nonstandard/nontraditional definition of 'incompatibilism' that he rejects. If Mele had a general concern about unusual definitions of 'incompatibilism', he could have just as easily named almost any leading figure in free will for this purpose (since most reject the non-explanatory definition he now endorses). But for some reason, Mele thought an unemployed junior researcher should be singled out as an example. Moreover, if Mele were genuinely interested in helping his readers understand the ambiguity of terms like 'compatibilism' and 'incompatibilism' it is a mystery that he referenced a paper in which nothing of substance hung on the definitions given to these terms when he might have instead pointed them to my OTHER 2015 paper in which the MAIN AIM of the paper is to expose the difficulties facing anyone who wants to define the terms 'compatibilism' and 'incompatibilism' in a way that everyone will accept (including a critique of the definitions that Mele has adopted). By all appearances, Mele's aim was to give readers the false impression that my working definition of 'incompatibilism' played some role in my charge that his argument is invalid (which it doesn't, given that the term doesn't appear in either the premises or conclusion of that argument). In this paper, I simply use the invalidity of the simple 2-premise Zygote Argument to make a series of more philosophically significant points (e.g. regarding the dialectical structure of the free-will debate, the role of best-explanation reasoning, and to develop the first-ever "master manipulation argument"). Mele pays no attention to my answer to the "Now What?" question in this paper, even though that answer was the paper's main point. For those interested in a more recent discussion of how the logical and metaphilosophical observations made in this paper have helped to move the free-will debate forward, I suggest my contributions to the Wiley-Blackwell Companion to Free Will (Intro and Chapter 4, 2023) and my paper "Free Will, Self-Creation, and the Paradox of Moral Luck" (2019). (shrink)

Argumentation schemes can be described as abstract structures representing the most generic types of argument, constituting the building blocks of the ones used in everyday reasoning. This paper investigates the structure, classification, and uses of such schemes. Three goals are pursued: 1) to describe the schemes, showing how they evolved and how they have been classified in the traditional and the modern theories; 2) to propose a method for classifying them based on ancient and modern developments; and 3) to outline (...) and show how schemes can be used to describe and analyze or produce real arguments. To this purpose, we will build on the traditional distinctions for building a dichotomic classification of schemes, and we will advance a modular approach to argument analysis, in which different argumentation schemes are combined together in order to represent each step of reasoning on which a complex argument relies. Finally, we will show how schemes are applied to formal systems, focusing on their applications to Artificial Intelligence, AI & Law, argument mining, and formal ontologies. (shrink)

Timothy Williamson famously argued that assertion is constituted either by the knowledge rule or some similar epistemic rule. If true, the proposal has important implications for criticism of assertions. If assertions are analogical to other rule-constituted kinds like games, we can criticize assertions either on external or internal grounds, depending on whether the criticism draws from the necessary norms of assertion or some contingent ones. More recently, authors like Goldberg and MacFarlane have argued against other theories of assertion on the (...) grounds that they cannot explain the possibility of internal criticism for assertions. This paper raises methodological problems with these arguments. The main idea is to show that alternative, non-normative accounts of assertion can also explain the apparent differences in grounds of criticism without assuming that assertion is necessarily governed by some epistemic norm. (shrink)

Medical assistance in dying, which includes voluntary euthanasia and assisted suicide, is legally permissible in a number of jurisdictions, including the Netherlands, Belgium, Switzerland and Canada. Although medical assistance in dying is most commonly provided for suffering associated with terminal somatic illness, some jurisdictions have also offered it for severe and irremediable psychiatric illness. Meanwhile, recent work in the philosophy of psychiatry has led to a renewed understanding of psychiatric illness that emphasises the role of the relation between the person (...) and the external environment in the constitution of mental disorder. In this paper, I argue that this externalist approach to mental disorder highlights an ethical challenge to the practice of medical assistance in dying for psychiatric illness. At the level of the clinical assessment, externalism draws attention to potential social and environmental interventions that might have otherwise been overlooked by the standard approach to mental disorder, which may confound the judgement that there is no further reasonable alternative that could alleviate the person’s suffering. At the level of the wider society, externalism underscores how social prejudices and structural barriers that contribute to psychiatric illness constrain the affordances available to people and result in them seeking medical assistance in dying when they otherwise might not have had under better social conditions. (shrink)

There is ample justification for having analogical material in standardized tests for graduate school admission, perhaps especially for law school. We think that formal-analogy questions should compare different scenarios whose structure is the same in terms of the number of objects and the formal properties of their relations. The paper deals with this narrower question of how legitimately to have formal analogy test items, and the broader question of what constitutes a formal analogy in general.

Attempts have been made to prove God's non-existence. Often this takes the form of an appeal to the so-called Argument from Evil: if God were to exist, then he would not permit as much suffering in the world as there actually is. Hence the fact that there is so much suffering constitutes evidence for God's non-existence. In this essay I propose a variation which I shall call ‘The Argument from Non-belief’. Its basic idea is that if God were to exist, (...) then he would not permit as much non-belief in the world as there actually is. Hence the fact that there is so much non-belief constitutes evidence for God's non-existence. (shrink)

I argue that considerations pertaining to constitutive luck undermine historicism—the view that an agent’s history can determine whether or not she is morally responsible. The main way that historicists have motivated their view is by appealing to certain cases of manipulation. I argue, however, that since agents can be morally responsible for performing some actions from characters with respect to which they are entirely constitutively lucky, and since there is no relevant difference between these agents and agents who have (...) been manipulated into acting from a character bestowed upon them by their manipulators, we should give up historicism. After presenting this argument and defending it against some potential objections, I briefly criticize the standard structuralist alternative and propose a new structuralist position that is shaped by reflection on constitutive luck. (shrink)

It’s constitutive of classical theism that there is a necessarily existent personal god who is also the creator of the universe, where the latter claim includes at least the following three theses: (i) God is wholly distinct from the natural world; (ii) God is the originating or sustaining cause of the natural world; and (iii) God created the natural world ex nihilo, i.e., without the use of pre-existing materials. Call this tripartite component of classical theism the classical view of (...) creation. In this paper, I offer a new argument against classical theism. In particular, I argue that creation ex nihilo is prima facie impossible, and that since the doctrine of creation ex nihilo is constitutive of classical theism, classical theism is false. (shrink)

Why do some addicted people chronically fail in their goal to recover, while others succeed? On one established view, recovery depends, in part, on efforts of intentional planning agency. This seems right, however, firsthand accounts of addiction suggest that the agent’s self-narrative also has an influence. This paper presents arguments for the view that self-narratives have independent, self-fulfilling momentum that can support or undermine self-governance. The self-narrative structures of addicted persons can entrench addiction and alienate the agent from practically (...) feasible recovery plans. Strategic re-narration can redirect narrative momentum and therefore support recovery in ways that intentional planning alone cannot. (shrink)

In his thought-provoking book, Why Law Matters, Alon Harel defends two key claims: one ontological, the other axiological. First, he argues that constitutions and judicial review are necessary constituents of a just society. Second, he suggests that these institutions are not only means to the realization of worthy ends, but also non-instrumentally valuable. I agree with Harel that constitutions and judicial review have more than instrumental value, but I am not persuaded by his arguments in support of this conclusion. (...) I argue that Harel’s ontological claim is unsustainable, and that his axiological claim needs revision. Regarding the former, I show that constitutions and judicial review are only contingent constituents of a just society. Regarding the latter, I contest Harel’s specific account of the value of constitutions and judicial review. Harel grounds the non-instrumental value of constitutions in freedom as non-domination but, upon scrutiny, it emerges that their non-instrumental value lies elsewhere. Further, Harel holds that the non-instrumental value of judicial review stems from its embodying a right to a fair hearing. I argue that this right has non-instrumental value only under a particular set of circumstances. I thus conclude, contrary to Harel, that the non-instrumental value of judicial review is contingent on those circumstances obtaining. (shrink)

The question whether AI systems have agency is gaining increasing importance in discussions of responsibility for AI behavior. This paper argues that an approach to artificial agency needs to be teleological, and consider the role of human goals in particular if it is to adequately address the issue of responsibility. I will defend the view that while AI systems can be viewed as autonomous in the sense of identifying or pursuing goals, they rely on human goals and other values incorporated (...) into their design, and are, as such, dependent on human agents. As a consequence, AI systems cannot be held morally responsible, and responsibility attributions should take into account normative and social aspects involved in the design and deployment of the said AI. My argument falls in line with approaches critical of attributing moral agency to artificial agents, but draws from the philosophy of action, highlighting further philosophical underpinnings of current debates on artificial agency. (shrink)

The time-lag argument seems to put some pressure on naïve realism to agree that seeing must happen simultaneously with what is seen; meanwhile, a wide-accepted empirical fact suggests that light takes time to transmit from objects at a distance to perceivers—which implies what is seen happened before seeing, and, accordingly, naïve realism must be false. In this paper, I will, first of all, show that the time-lag argument has in fact involves a misunderstanding concept of simultaneity: according to Special Relativity, (...) simultaneity is a matter of convention rather than a matter of fact, so, in principle, we can stipulate a perceptual conception of simultaneity, according to which what is seen is simultaneous with seeing. Secondly, the generalized time-lag argument has a mistaken view on the perceived events and perceiving; it has a doubtful assumption that these events are momentary in the mathematical sense. Such idealization is the main reason why we have the intuition that the time-lag effect of perceiving is in conflict with our ordinary perceptual experiences. Finally, I argue that the naïve realist account of the perceptual relation is a nontemporal constitutive relation; and hence naïve realism is compatible with the claim that we can perceive things as they were, and it should not be weakened by the time-lag argument. (shrink)

Discussions concerning the modularity of the pain system have been focused on questions regarding the cognitive penetrability of pain mechanisms. It has been claimed that phenomena such as placebo analgesia demonstrate that the pain system is cognitively penetrated; therefore, it is not encapsulated from central cognition. However, important arguments have been formulated which aim to show that cognitive penetrability does not in fact entail a lack of modularity of the pain system. This paper offers an alternative way to reject (...) the modularity of the pain system, which is independent from, but consistent with, the presence of cognitive penetration. It is proposed that, given the current knowledge regarding the functioning and the structure of the pain system, there are good reasons to accept that certain central cognitive mechanisms are part of the pain system. It is argued that such a ‘cognitive constitution’ of the pain system entails that the pain system is not modular. (shrink)

Scholars have rejected Wilfrid Sellars’ argument for an ontology of absolute processes on the grounds that it relies on a dubious and dogmatic appeal to the homogeneity of color. Borrowing from Rosenthal’s recent defense, but ultimate rejection of homogeneity, I defend this claim of on Sellarsian/Kantian transcendental grounds, and reconstruct the remainder of his argument. I argue that Sellars has good reason to suppose that homogeneity is a necessary condition of any possible experience, including indirect experience of theoretical-explanatory posits, and (...) therefore good reason to hold that Reductive Materialism, as he conceives it, is an untenable account of color. The remainder of his argument aims to answer the question of what the metaphysical relation is between the state of an experiencing subject that we take color to be and the colorless microphysical particles that we take to constitute that subject. After rejecting Substance Dualism, Epiphenomenalism, and Wholistic or Emergent Materialism as explanatorily inadequate, Sellars proposes that both color-states and micro-physical particles should be understood as manifestations of an underlying ontology on absolute processes. (shrink)

Much of the debate about post-secularism has presumed a background of Western countries and the sort of statutory law that legislatures should make, and how they should make it, in the light of residents’ religious attitudes and practices. In this chapter I address a fresh context, namely, that of South Africa and the way that courts have interpreted, and should interpret, law in the face of African traditional religions. Specifically, I explicate the fact that, by South Africa's famously progressive Constitution, (...) religious customs already count as law, and I illustrate how such customary law could work with three court cases related to indigenous African spirituality. Then, I lay out and evaluate the two central arguments that jurists have made in favour of South Africa's Constitutional practice of deeming long-standing religious ways of life to be sources of law. I contend that these influential arguments for customary law, which are substantially individualist, are weak, and also sketch more promising rationales, which invoke more communitarian considerations. My aim is not so much to convince the reader that South Africa’s approach to post-secularism is justified as to identify some argumentative strategies that particularly promise to justify it. (shrink)

Graham Priest claims that Asian philosophy is going to constitute one of the most important aspects in 21st-century philosophical research. Assuming that this statement is true, it leads to a methodological question whether the dominant comparative and contrastive approaches will be supplanted by a more unifying methodology that works across different philosophical traditions. In this article, I concentrate on the use of empirical evidence from nonphilosophical disciplines, which enjoys popularity among many Western philosophers, and examine the application of this approach (...) to early Chinese philosophy. I specifically focus on Confucian ethics and the study of altruism in experimental psychology. (shrink)

in a nervous system of a given species. This chapter provides a critical perspective on the role of connectomes in neuroscientific practice and asks how the connectomic approach fits into a larger context in which network thinking permeates technology, infrastructure, social life, and the economy. In the first part of this chapter, we argue that, seen from the perspective of ongoing research, the notion of connectomes as “complete descriptions” is misguided. Our argument combines Rachel Ankeny’s analysis of neuroanatomical wiring diagrams (...) as “descriptive models” with Hans-Joerg Rheinberger’s notion of “epistemic objects,” i.e., targets of research that are still partially unknown. Combining these aspects we conclude that connectomes are constitutively epistemic objects: there just is no way to turn them into permanent and complete technical standards because the possibilities to map connection properties under different modeling assumptions are potentially inexhaustible. In the second part of the chapter, we use this understanding of connectomes as constitutively epistemic objects in order to critically assess the historical and political dimensions of current neuroscientific research. We argue that connectomics shows how the notion of the “brain as a network” has become the dominant metaphor of contemporary brain research. We further point out that this metaphor shares (potentially problematic) affinities to the form of contemporary “network societies.” We close by pointing out how the relation between connectomes and networks in society could be used in a more fruitful manner. (shrink)

Can a man be a feminist? If so, what would it mean? I want to participate in a dialogue between women and men on how to accommodate women’s moral concerns. I propose that the fundamental values of justice embodied in the South African constitutional democracy require men to be feminist. These values provide the best safeguard of the important interests and values of both women and men. Men who accept these values can support the main concerns of feminism. The implications (...) of the argument in this article range from public issues to the most private aspects of marriage. (shrink)

There is a growing body of scholarship that is addressing the ethics, in particular, the bioethics of space travel and colonisation. Naturally, a variety of perspectives concerning the ethical issues and moral permissibility of different technological strategies for confronting the rigours of space travel and colonisation have emerged in the debate. Approaches ranging from genetically enhancing human astronauts to modifying the environments of planets to make them hospitable have been proposed as methods. This paper takes a look at a critique (...) of human bioenhancement proposed by Mirko Garasic who argues that the bioenhancement of human astronauts is not only functional but necessary and thus morally permissible. However, he further claims that the bioethical arguments proposed for the context of space do not apply to the context of Earth. This paper forwards three arguments for how Garasic’s views are philosophically dubious: (1) when he examines our responsibility towards future generations he refers to a moral principle (which we will call the principle of mere survival) which, besides being vague, is not morally acceptable; (2) the idea that human bioenhancement is not natural is not only debatable but morally irrelevant; and (3) it is not true that the situations that may arise in space travel cannot occur on Earth. We conclude that not only is the (bio)enhancement of humans on Earth permissible but perhaps even necessary in certain circumstances. (shrink)

There is a classic disagreement in moral psychology about the mental states that constitute the sincere acceptance of moral claims. Cognitivists hold that these states are beliefs aiming at a correct description of the world; whereas non-cognitivists argue that they must be some other kind of attitude. Mark Eli Kalderon has recently presented a new argument for non-cognitivism. He argues that all cognitivist inquiries include certain epistemic obligations for the participants in cases of disagreement in the inquiry. I will provide (...) additional support for this claim. Kalderon then claims that our moral inquiry lacks the required epistemic obligation and that therefore it must be non-cognitive. I will show that Kalderon’s case against the required obligation fails and furthermore provide some evidence for the existence of this obligation. Therefore, his argument for non-cognitivism is not sound and provides no pressure against cognitivism. (shrink)

This paper deals with the question whether some morally normative content is grounded in the dialogical practice that both Apel and Habermas call argumentative discourse, and if so how to demonstrate that it is so grounded. Apel (unlike Habermas) claims that discourse has rationally necessary conceptual presuppositions; that morally normative content is part of such presuppositions; and that this can be ascertained in transcendendal reflection, i.e. by a kind of transcendental argument. I argue that these claims can be charitably interpreted (...) but require clarifications of their key concepts, i.e. “discourse”, “validity claims”, “performative self-contradiction”, and “community of communication”. I argue that discourse as a practice of reason-sensitive agents who are communicatively connected via argumentation can be explained by its normatively constitutive aim, namely fixing the true values of our reasons; that the primary level of validity claims are claims concerning good reasons; that performative self-contradictions are pragmatic-cum-logical inconsistencies that we can know apriori to be incompatible with discourse’s constitutive aim; and finally, that competent discourse participants can know apriori that they would be performatively inconsistent if they flouted a moral kernel that is intrinsic in discourse. (shrink)

In Part One of Religion within the Bounds of Bare Reason, Kant repeatedly refers to a “proof” that human nature has a necessary and universal “evil propensity,” but he provides only obscure hints at its location. Interpreters have failed to identify such an argument in Part One. After examining relevant passages, summarizing recent attempts to reconstruct the argument, and explaining why these do not meet Kant's stated needs, I argue that the elusive proof must have a transcendental form (called quasi‐transcendental (...) because Kant never uses “transcendental” in Religion). With deceptive simplicity, the section titles of Part One, viewed as components in an architechtonic system of religion, constitute steps in just such a proof. (shrink)

The core argument of the paper is that the modern philosophical notion of self-constitution is directed against the prospect of human beings dissolving into idleness. Arguments for self-constitution are marked by non-philosophical presuppositions about the value of usefulness. Those arguments also assume a particular conception of superior experience as conscious integration of a person’s actions within an identifiable set of chosen commitments. Exploring particular arguments by Hegel, Kant, Korsgaard and Frankfurt the paper claims that those arguments (...) are problematic in the various ways in which they suppose usefulness and explicitly or implicitly take extra-philosophical views of idleness. (shrink)

Juhani Yli-Vakkuri has argued that the Twin Earth thought experiments offered in favour of semantic externalism can be replaced by a straightforward deductive argument from premisses widely accepted by both internalists and externalists alike. The deductive argument depends, however, on premisses that, on standard formulations of internalism, cannot be satisfied by a single belief simultaneously. It does not therefore, constitute a proof of externalism. The aim of this article is to explain why.

In the first Critique, Kant attempts to prove what we can call the "Principle of Intensive Magnitudes," according to which every possible object of experience will possess a determinate "degree" of reality. Curiously, Kant argues for this principle by inferring from a psychological premise about internal sensations (they have intensive magnitudes) to a metaphysical thesis about external objects (they also have intensive magnitudes). Most commentators dismiss the argument as a failure. In this article I give a reconstruction of Kant's argument (...) that attempts to rehabilitate the argument back into his broader transcendental theory of experience. I argue that we can make sense of the argument's central inference by appeal to Kant's theory of empirical intuition and by an analysis of the way in which Kant thinks sensory matter constitutes our most basic representations of objects. (shrink)

In a previous volume of Ethical Theory & Moral Practice, Melis Erdur defends the provocative claim that postulating a stance-independent ground for morality constitutes a substantive moral mistake that is isomorphic to the substantive moral mistake that many realists attribute to antirealists. In this discussion paper I reconstruct Erdur’s argument and raise two objections to the general framework in which it arises. I close by explaining why rejecting Erdur’s approach doesn’t preclude normative criticism of metaethical theories.

The gist of the many-subjects argument is that, given physicalism, it’s hard to avoid the absurd result that there are many conscious subjects in your vicinity with more-or-less the same experiences as you. The most promising ways of avoiding this result have a consequence almost as bad: that there are many things in your vicinity that are in a state only trivially different from being conscious, a state with similar normative significance. This paper clarifies and defends three versions of the (...) many-subjects argument. One version poses the threat of conscious parts. Its key premise is that if physicalism is true, then not only you, but also certain parts of your body, are conscious. These parts might include your brain, your head, all-of-you-except-your-left-pinky, all-of-your-brain-except-one-neuron, or your left cerebral hemisphere. A second version poses the threat of conscious coinciders, things that currently occupy the same spatial region as you and share all your matter. Its key premise is that if physicalism is true, then not only you, but also some things that currently coincide with you, are conscious. These might include your body or the aggregate of particles of which you are currently composed. A third version poses the threat of conscious person candidates, the many human-body-shaped material objects in your vicinity that mostly overlap one another, differing only in a few peripheral atoms. This version claims that if physicalism is true, then there are many conscious person-candidates in your vicinity. -/- . (shrink)

Andy Clark and David Chalmers (1998) argue that certain mental states and processes can be partially constituted by objects located beyond one’s brain and body: this is their extended mind thesis (EM). But they maintain that consciousness relies on processing that is too high in speed and bandwidth to be realized outside the body (see Chalmers, 2008, and Clark, 2009). I evaluate Clark’s and Chalmers’ reason for denying that consciousness extends while still supporting unconscious state extension. I argue that their (...) reason is not well grounded and does not hold up against foreseeable advances in technology. I conclude that their current position needs re-evaluation. If their original parity argument works as a defence of EM, they have yet to identify a good reason why it does not also work as a defence of extended consciousness. I end by advancing a parity argument for extended consciousness and consider some possible replies. (shrink)

A RELATIVISTIC THEORY OF PHENOMENOLOCICAL CONSTITUTION: A SELF-REFERENTIAL, TRANSCENDENTAL APPROACH TO CONCEPTUAL PATHOLOGY. (Vol. I: French; Vol. II: English) -/- Steven James Bartlett -/- Doctoral dissertation director: Paul Ricoeur, Université de Paris Other doctoral committee members: Jean Ladrière and Alphonse de Waehlens, Université Catholique de Louvain Defended publically at the Université Catholique de Louvain, January, 1971. -/- Universite de Paris X (France), 1971. 797pp. -/- The principal objective of the work is to construct an analytically precise methodology which can serve (...) to identify, eliminate, and avoid a certain widespread _conceptual fault_ or _misconstruction_, called a "projective misconstruction" or "projection" by the author. It is argued that this variety of error in our thinking (i) infects a great number of our everyday, scientific, and philosophical concepts, claims, and theories, (ii) has largely been undetected, and (iii), when remedied, leads to a less controversial and more rigorous elucidation of the transcendental preconditions of human knowledge than has traditionally been possible. The dissertation identifies, perhaps for the first time, a _projective_ variety of self-referential inconsistency, and proposes an innovative, self-reflexive approach to transcendental argument in a logical and phenomenological context. The strength of the approach lies, it is claimed, in the fact that a rejection of the approach is possible only on pain of self-referential inconsistency. The argument is developed in the following stages: A general introduction identifies the central theme of the work, defines the scope of applicability of the results reached, and sketches the direction of the studies that follow. The preliminary discussion culminates in a recognition of the need for a _critique of impure reason_. The body of the work is divided into two parts: Section I seeks to develop a methodology, on a purely formal basis, which is, on the one hand, capable of being used to study the transcendental foundations of the special sciences, including its own proper transcendental foundation. On the other hand, the methodology proposed is intended as a diagnostic and therapeutic tool for dealing with _projective_ uses of concepts. The approach initiates an analysis of concepts from a perspective which views _knowledge as coordination_. Section I describes formal structures that possess the status of preconditions in such a coordinative account of knowledge. Special attention is given to the preconditions of _identifying reference_ to logical particulars. The first section attempts, then, to provide a self-referential, transcendental methodology which is essentially revisionary in that it is motivated by a concern for conceptual error-elimination. Phenomenology, considered in its unique capacity as a self-referential, transcendental discipline, is of special relevance to the study. Section II accordingly examines a group of concepts which come into question in connection with the central theme of _phenomenological constitution_. The "_de-projective methodology_" developed in Section I is applied to these concepts that have a foundational importance in transcendental phenomenology. A translation is, in effect, proposed from the language of consciousness to a language in which preconditions of referring are investigated. The result achieved is the elimination of self-defeating, projective concepts from a rigorous, phenomenological study of the constitutive foundations of science. The dissertation was presented in a two volume, double-language format for the convenience of French and English researchers. Each volume contains an analytical index. (shrink)

This paper tries to reconstruct Ernst Cassirer's potential reception of the EPR argument, as exposed by Einstein in his letter to Cassirer of March 1937. It is shown that, in conformity with his transcendental epistemology taking the conditions of accessibility as constitutive of the quantum object, Cassirer would probably have rejected the argument. Indeed, Cassirer would probably not have subscribed to its separability/local causality presupposition (which goes against his interpretation of the quantum formalism as a self-suf!cient condition constitutive (...) of the quantum object, without any reliance on spatial intuition), nor to its completeness requirement (as his partial endorsement of Bohr's complementarity, and his rejection of the Kantian "idea of complete determination", illustrate). By rejecting both of its premises, Cassirer's philosophy of physics thus enables to escape the EPR dilemma, and exhibits what, in Kantian terms, might be called a "negative utility" with respect to physical science. A further investigation of the anti-reductionist utility of Cassirer's systematic philosophy with respect to physics and other "symbolic forms" is !nally suggested. (shrink)

Various theorists have endorsed the “communication argument”: communicative capacities are necessary for morally responsible agency because blame aims at a distinctive kind of moral communication. I contend that existing versions of the argument, including those defended by Gary Watson and Coleen Macnamara, face a pluralist challenge: they do not seem to sit well with the plausible view that blame has multiple aims. I then examine three possible rejoinders to the challenge, suggesting that a context-specific, function-based approach constitutes the most promising (...) modification of the communication argument. (shrink)

Is attention a cognitive process? I reconstruct and critically assess an argument first proposed by Christopher Mole that it cannot be so. Mole’s argument is influential because it creates theoretical space for a unifying analysis of attention at the subject level (though it does not entail it). Prominent philosophers working on attention such as Wayne Wu and Philipp Koralus explicitly endorse it, while Sebastian Watzl endorses a related version, this despite their differing theoretical commitments. I show that Mole’s argument is (...) invalid, amend it to secure its validity, but argue that it still fails. I consider the extent to which the failure of Mole’s argument spreads to the versions offered by Wu, Koralus and Watlz. Mole’s argument fails because it equivocates between the set of conditions that suffice for constituting attention and the subset of those conditions which are salient, but insufficient, for constituting it. Reflection on this distinction has consequences for the individuation not just of attentional processes but all cognitive processes. (shrink)

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

If what is morally right or wrong were ultimately a function of our opinions, then even such reprehensible actions as genocide and slavery would be morally right, had we approved of them. Many moral philosophers find this conclusion objectionably permissive, and to avoid it they posit a moral reality that exists independently of what anyone thinks. The notion of an independent moral reality has been subjected to meticulous metaphysical, epistemological and semantic criticism, but it is hardly ever examined from a (...) moral point of view. In this essay I offer such a critique. I argue that the appeal to an independent moral reality as a ground for moral obligations constitutes a substantive moral mistake. However, I do not conclude from this that we must therefore embrace the opposite view that moral truths are ultimately dependent on our attitudes. Rather, I suggest that we reject both of these views and answer the classic meta-ethical question “Is what we morally ought to do ultimately a function of our actual attitudes, or determined independently of them?” with Neither. (shrink)

This is Vol. I in French. Vol. II in English is available separately from this website. -/- The principal objective of the work is to construct an analytically precise methodology which can serve to identify, eliminate, and avoid a certain widespread conceptual fault or misconstruction, called a "projective misconstruction" or "projection" by the author. -/- It is argued that this variety of error in our thinking (i) infects a great number of our everyday, scientific, and philosophical concepts, claims, and theories, (...) (ii) has largely been undetected, and (iii), when remedied, leads to a less controversial and more rigorous elucidation of the transcendental preconditions of human knowledge than has traditionally been possible. -/- The dissertation identifies, perhaps for the first time, a projective variety of self-referential inconsistency, and proposes an innovative, self-reflexive approach to transcendental argument in a logical and phenomenological context. The strength of the approach lies, it is claimed, in the fact that a rejection of the approach is possible only on pain of self-referential inconsistency. The argument is developed in the following stages: -/- A general introduction identifies the central theme of the work, defines the scope of applicability of the results reached, and sketches the direction of the studies that follow. The preliminary discussion culminates in a recognition of the need for a critique of impure reason. -/- The body of the work is divided into two parts: Section I seeks to develop a methodology, on a purely formal basis, which is, on the one hand, capable of being used to study the transcendental foundations of the special sciences, including its own proper transcendental foundation. On the other hand, the methodology proposed is intended as a diagnostic and therapeutic tool for dealing with projective uses of concepts. -/- The approach initiates an analysis of concepts from a perspective which views knowledge as coordination. Section I describes formal structures that possess the status of preconditions in such a coordinative account of knowledge. Special attention is given to the preconditions of identifying reference to logical particulars. The first section attempts, then, to provide a self-referential, transcendental methodology which is essentially revisionary in that it is motivated by a concern for conceptual error-elimination. -/- Phenomenology, considered in its unique capacity as a self-referential, transcendental discipline, is of special relevance to the study. Section II accordingly examines a group of concepts which come into question in connection with the central theme of phenomenological constitution. The "de-projective methodology" developed in Section I is applied to these concepts that have a foundational importance in transcendental phenomenology. A translation is, in effect, proposed from the language of consciousness to a language in which preconditions of referring are investigated. The result achieved is the elimination of self-defeating, projective concepts from a rigorous, phenomenological study of the constitutive foundations of science. -/- The dissertation was presented in a two volume, double-language format for the convenience of French and English researchers. Each volume contains an analytical index. (shrink)

A popular argument is that peer disagreement about controversial moral topics undermines justified moral belief in a way that peer disagreement about non-moral topics does not undermine justified non-moral belief. Call this argument the argument for moral skepticism from peer disagreement. Jason Decker and Daniel Groll have recently made a companions in guilt response to this argument. Decker and Groll argue that if peer disagreement undermines justified moral belief, then peer disagreement undermines much non-moral justified belief; if the argument for (...) moral skepticism from peer disagreement succeeds, then a kind of non-moral skepticism holds too. And we should not hold that the status of such non-moral beliefs are undermined by peer disagreement. In this paper, I shows that Decker and Groll’s companions in guilt argument fails. I then draw out the implications of my argument for the epistemology of disagreement and the epistemology of moral disagreement more generally. For instance, I then argue that peer disagreement about morality does not undermine all justified moral belief but that peer disagreement about morality does preclude most moral beliefs from being justified and constituting knowledge in a way that peer disagreement about non-moral topics does not preclude most non-moral beliefs from being justified and constituting knowledge. (shrink)

Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts (...) and the legislative apparatus. Law is also a key institution for overcoming contracting uncertainties. It is furthermore a part of the power structure of society, and a major means by which power is exercised. This argument is illustrated by considering institutions such as property and the firm. Complex systems of law have played a crucial role in capitalist development and are also vital for developing economies. (shrink)

This article investigates what constitutes good reason, in particular in scientific communication. I will start out with a general description of what scientists do and will identify the good argument as an integral part of all science. Employing some simple examples, I will then move on to derive some necessary conditions for the goodness of an argument. Along the way, I will introduce various basic concepts in logic and briefly talk about the nature of human knowledge. I will conclude by (...) relating my discussion of good reasoning in science to critical thinking in general and explain why I believe that critical thinking is at the heart of a well-functioning liberal democracy. (shrink)

This article provides an analysis of the phenomenology of affectivity underlying the work of Edith Stein. Taking as point of departure two of her works, The problem of Empathy (1917) and Philosophy of Psychology and the Humanities (1922), the paper focuses on the idea that emotions fulfil a cognitive function: they make us accessible the realm of values. The argument of the paper is developed in two sections. The first section offers an overview of Stein’s main theses about emotions, feelings, (...) moods and sentiments and places them within the larger framework of the early phenomenological accounts on affectivity. The second section examines the claim that emotions are responsible for grasping values concentrating on two facets of this thesis: the first regards the epistemological question according to which values are grasped by affective phenomena, while the second regards the ontological question about the nature of these grasped values. (shrink)

This essay argues that the main lesson of Lewis Carroll's Regress is that arguments are constitutively presuppositional.

The article deals with relations between the individual and human rights on the one hand, and the State on the other, in the context of the Constitution of the Republic of Poland. The author poses the question whether the idea of subordination of the State to the individual is really a central idea of that constitution. He puts forward many arguments against such suggestion. These arguments relate, above all, to the arrangement of the constitution: a chapter concerning human (...) rights is chapter II, while chapter I deals with foundation of the State; the goals of the State are specified in the preamble including the following initial phrase “the existence and future of Poland as our Homeland” and in Article 5 where human rights are as subject of protection by the State is mentioned after independence and integrity of [its] territory; a general concept of human rights protection adopted in the constitution is dominated by the structures typical of law in its objective sense; the way of regulation admissible limitations on human rights differs from international standards; possibility of claiming human rights is constitutionally guaranteed, mostly by constitutional complaint which is above all aimed at correction of legal system, rather than claiming of rights by the individual; Article 1 (“The Republic of Poland shall be the common good of all its citizens”) interpreted as referring to Article 1 paragraph 1 of the April Constitution of 1935, one of the main ideas of which was precedence of the State over the individual. He also analyses the arguments in favour of the recognition of the idea of subordination of the State. Nevertheless, they cannot be accepted as resolving the question of whether it is a central idea of the constitution. These arguments include in particular: the principle of subsidiarity contained in the preamble, even if it has not been appropriately emphasized there; recognition of inherent and inalienable dignity of the person, but it was not until Article 30 that this provision has been contained and it does not determine the relations between the human dignity and rights and the State. The author suggests that the only conclusive way to justify the subordination of the State in relation to the individual as a central idea of the constitution is by means of Article 1. Taking into account, above all, preparatory work, we should reject the interpretation of that article referring to the April (1935) Constitution. Essential interpretative context may be found in preparatory work and social teachings of the Catholic Church, referred to therein. In that case, the common good means the entirety of the conditions of social life which favour the human development. These conditions include above all the respect for human dignity. Such interpretation of Article 1 gives priority to proposals on what the State should be to serve the individual rather than to safeguard obligations of citizens in relation to the State. (shrink)

A priori theories of justification of logic based on meaning often lead to trouble, in particular to issues concerning circularity. First, I present Boghossian’s a prioriview. Boghossian maintains the rule-circular justifications from a conceptual role semantics. However, rule-circular justifications are problematic. Recently, Boghossian (Boghossian, 2015) has claimed that rules should be thought of as contents and contents as abstract objects. In this paper, I discuss Boghossian’s view. My argumentation consists of three main parts. First, I analyse several arguments to (...) show that in fact, Boghossian’s inferentialist solution is not fully satisfying. Second, I discuss the matter further, if one accepts that basic logical rules are constitutive of meaning, that is, they constitute the logical concepts and the content of a rule is an abstract object, then abstract objects — like, for example, rules — could be constitutive of meaning. The question is whether conceptual priority is in the judgment or in the object and what theory of content is pursued. Grasping content as a matter of knowing how a word or concept behaves in inferences is not completely explicative. Finally, I contend that rules come to exist as a result of certain kinds of mental action. These actions function as constitutive norms. Logical rules are not abstract objects but ideal. What one construes as norms or rules of content may involve idealization, but this is because we share a language. (shrink)

The paper lays the foundations for a duty of sustainable property use based on Kant’s Doctrine of Right. In doing so, it contributes to the project of extending the application of Kant’s philosophy to environmental issues so as to include his legal-political philosophy. After providing some context, focusing in particular on Kant’s property argument, I present and critically evaluate a recent argument for a duty of sustainable property use, put forward by Attila Ataner. Then, I draw on Reinhard Brandt’s and (...) Katrin Flikschuh’s interpretation of Kant’s permissive law in order to develop my own argument. According to my account, the duty of sustainable property use is rooted in Kant’s property argument, it is best construed in terms of interpersonal freedom, and it has a structure resembling that of duties of distributive justice. Unlike Ataner’s, my argument proceeds entirely within the domain of interpersonal freedom; it focuses clearly on the normative sense of usability; it does not overgenerate obligations; and it categorises the duty of sustainable property use within Kant’s taxonomy of duties. It thus constitutes a promising starting point to further investigate the connection between sustainability, Kant’s property argument and its use of a permissive law, and the Universal Principle of Right. (shrink)

Face-coverings were widely mandated during the Covid-19 pandemic, on the assumption that they limit the spread of respiratory viruses and are therefore likely to save lives. I examine the following ethical dilemma: if the use of face-masks in social settings can save lives then are we obliged to wear them at all times in those settings? I argue that by en-masking the face in a way that is phenomenally inconsistent with or degraded from what we are innately programmed to detect (...) as human likeness, we are degrading the social quality of our relations. Drawing on my previously published proof that Self is socially reflexive (mutually mirrored) rather than monadic in its constitution, I conclude that any widespread en-masking is also deleterious to humanity and therefore unethical. (shrink)

Recognizing inherent and inalienable nature of dignity and universality of certain values, the Constitution of the Republic of Poland, introduces to the foundations of Polish legal system some elements of natural law which may be used for application of the Basic Law. Constitutional recognition of these elements only makes sense on the assumption of their cognizability. Therefore, as an important element of constitutional concept of natural law is taken the recognition of the argument of cognitivism according to which moral assessments (...) may have the nature of judgments and truth qualification (they may be true or false). In the course of application of the constitution, norms of natural-law character and natural-law justification. Since dignity and the essence of freedoms and rights based on dignity are the only inviolable values recognized by the constitution, the arguments of natural law lead to a far-going reinterpretation of constitutional norms. The norm of natural law protecting inviolable values will have precedence in the event of collision with norms protecting other values, also with constitutional norms. Even if such a norm is formulated on the basis of the provisions of the constitution, in fact natural law is given higher rank than elements based only on enacted law. Despite that, reliability of a legally established order does not seem to be radically endangered. -/- Konstytucja RP uznając przyrodzoność i niezbywalność godności oraz uniwersalność niektórych wartości, wprowadza do podstaw całego polskiego systemu prawnego elementy prawnonaturalne, które mogą być wykorzystane w stosowaniu konstytucji. Konstytucyjne uznanie takich elementów ma sens przy założeniu ich poznawalności, stąd istotnym elementem konstytucyjnej koncepcji prawa naturalnego jest uznanie tezy kognitywizmu głoszącej, że oceny moralne mogą mieć charakter sądów i kwalifikację prawdziwościową – mogą być prawdziwe lub fałszywe. W procesie stosowania konstytucji mogą być formułowane normy o charakterze prawnonaturalnym oraz uzasadnienia prawnonaturalne. Ponieważ jedynymi wartościami uznanymi w konstytucji za nienaruszalne jest godność oraz istota wolności i praw, których godność jest źródłem, argumentacja prawnonaturalna może prowadzić do daleko idącej reinterpretacji norm konstytucyjnych. Norma prawnonaturalna chroniąca warunki konieczne poszanowania godności lub istoty wolności i praw będzie miała pierwszeństwo w razie kolizji z normami chroniącymi inne wartości, także z normami konstytucyjnymi. Choć norma taka będzie formułowana na podstawie przepisów konstytucji, to jednak faktycznie prawo naturalne uzyskuje wyższą rangę od elementów opartych jedynie na stanowieniu. Mimo tego bezpieczeństwo prawne nie wydaje się być radykalnie zagrożone. O prawnonaturalnym charakterze normy i uzasadnienia decyduje oparcie w ocenach moralnych, które pretendują do bycia sądami, do bycia prawdziwymi lub fałszywymi. Z punktu widzenia stosowania konstytucji i wymogu intersubiektywnej komunikowalności i kontrolowalności dookreślania treści prawnonaturalnych, dla nadania ocenom charakteru sądów istotny jest kształt procedur i argumentacji prowadzących do tego dookreślenia. Powinny to być procedury i argumentacja typowe dla dyskursu mającego na celu sformułowanie prawdziwych sądów. Maksymalizowana powinna być dyskursywność takich procedur, a podstawą rozstrzygnięcia powinien być, jeśli to tylko możliwe, konsens. Nie mogą być uważane za rozstrzygające argumenty odwołujące się do woli indywidualnej lub zbiorowej, reakcji emocjonalnych, stopnia rozpowszechnienia danej oceny czy do tradycji kulturowej. (shrink)

The aim of this master’s thesis is to analyse and highlight the interaction between science, politics and law. More precisely, our research question concerns the use of scientific arguments in social spheres (notably in politics and law) instead of legal or political arguments. In fact, we want to raise the way in which certain actors invoke scientific arguments to impose "objective" elements of fact in debate and, in this way, refrain from politically and "subjectively" discussing these same (...) elements (or, at least, their social consequences). This Master’s thesis will adopt an interdisciplinary theoretical framework (chapter 1) mobilising philosophy of science, philosophy of law, sociology of law, legal technique and analytical theories. Then, we will apply it to a case study: the European regulation of genetically modified organisms (GMOs) after the European Court of Justice (CJEU) ruling of 25 July 2015 (chapter 2). The first chapter will provide theoretical elements to rethink the interaction between science, politics and law. The first section will propose a 'state of the art’ of the philosophical literature on the relationship between science (as a regime of truth) and politics. This master’s thesis will assess a truth under construction rather than a transcendental truth. Section 2 anticipates authoritarian claims based on science by considering the relationship science can have with power (Foucault). A solid review of philosophical, sociological and legal literature highlights the risks of giving decision-making power to an all-powerful science. Notably, the use of science to justify discriminatory policies is emphasised as these policies could not be challenged because, at the time, it was considered an objective scientific truth. Finally, section 3 offers a critique of the narratives of neutral and objective science, through the approach of science in action. This sociological approach presented all the doubts and subjectivity of science in action. The second chapter will propose a case study to illustrate the theoretical framework. We have chosen GMOs because they constitute a hybrid 'event', marked by scientific controversies, and with major socio-economic implications. The legal framework of GMOs in the European Union will be presented in the first section. In addition, the legal status of new breeding techniques (NBTs) will be examined. The second section will analyse the ruling of the European Court of Justice which made NBTs subject to GMO regulation. Finally, the third section will propose a reflection on the philosophy of law on the modes of existence of scientific, legal and political disciplines. (shrink)