The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the (...) ruling: (1) is grounded on sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations.

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical (...) autonomy, rather than simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a (...) mistake about whether a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by s. 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded on their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable” given what the accused knew, the legal definition of consent in section 273.1 is easily over-looked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. -/- That is precisely what we see here; the result is often failure to enforce the law. The author proposes: -/- (a) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and -/- (b) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent. (shrink)

David Owens objected to the truth-aim account of belief on the grounds that the putative aim of belief does not meet a necessary condition on aims, namely, that aims can be weighed against other aims. If the putative aim of belief cannot be weighed, then belief does not have an aim after all. Asbjørn Steglich-Petersen responded to this objection by appeal to other deliberative contexts in which the aim could be weighed, and we argued that this (...) response to Owens failed for two reasons. Steglich-Petersen has since responded to our defence of Owens’s objection. Here we reply to Steglich-Petersen and conclude, once again, that Owens’s challenge to the truth-aim approach remains to be answered. (shrink)

Here I reply to the main points raised by the commentators on the arguments put forward in my Delusions and Other Irrational Beliefs (OUP, 2009). My response is aimed at defending a modest doxastic account of clinical delusions, and is articulated in three sections. First, I consider the view that delusions are inbetween perceptual and doxastic states, defended by Jacob Hohwy and Vivek Rajan, and the view that delusions are failed attempts at believing or not-quitebeliefs, proposed by Eric Schwitzgebel and (...) Maura Tumulty. Then, I address the relationship between the doxastic account of delusions and the role, nature, and prospects of folk psychology, which is discussed by Dominic Murphy, Keith Frankish, and Maura Tumulty in their contributions. In the final remarks, I turn to the continuity thesis and suggest that, although there are important differences between clinical delusions and non-pathological beliefs, these differences cannot be characterised satisfactorily in epistemic terms. (shrink)

In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...) record, this paper: (1) examines relationships between legal errors dealing with availability of the defence of “belief in consent” and interpretation of the “all reasonable steps” provision, the need for retrials, and apprehended race-gender-age bias and discrimination; and 2) proposes incremental and systemic remedies to address the weaknesses in police, prosecutorial and judicial policy and practice highlighted by this case. (shrink)

In Liberalism without Perfection Jonathan Quong defends a form of political liberalism; that is, a political philosophy that answers ‘no’ to both the following questions: 1. Must liberal political philosophy be based in some particular ideal of what constitutes a valuable or worthwhile human life, or other metaphysical beliefs? 2. Is it permissible for a liberal state to promote or discourage some activities, ideals, or ways of life on grounds relating to their inherent or intrinsic value, or on the basis (...) of other metaphysical claims? In these remarks, I respond to Quong’s arguments against those of his rivals who answer ‘Yes’ to his first question by dint of their comprehensive commitment to an ideal of individual autonomy. One of these, which Quong calls ‘comprehensive antiperfectionism’, answers ‘Yes’ to Question 1 and ‘No’ to Question 2. The other, which answers ‘Yes’ to both, he calls (comprehensive) ‘liberal perfectionism’. Quong poses these positions a dilemma: they cannot consistently be both comprehensive (by retaining their commitment to autonomy) and liberal (by ruling out the sort of coercive interference in people’s choices which is beyond the liberal pale). I argue on the contrary that a comprehensive commitment to autonomy actually demands a general injunction against such coercive interference, because responsibility is an important component of the autonomous life, and coercion always undermines responsibility. So, Quong’s dilemma is unsuccessful. (shrink)

According to the Strong Belief Thesis (SBT), intending to X entails the belief that one will X. John Brunero has attempted to impugn SBT by arguing that there are cases in which an agent intends to X but is unsure that she will X. Moreover, he claims that the standard reply to such putative counterexamples to SBT – namely, to claim that the unsure agent merely has an intention to try – comes at a high price. Specifically, it (...) prevents SBT from playing the kind of explanatory role the cognitivist requires. This article meets Brunero's challenge to SBT by offering an account of trying and intending to try that not only saves SBT from Brunero's criticism, but does so in a way that preserves the explanatory significance that cognitivists typically take SBT to have. (shrink)

Defences of inference to the best explanation (IBE) frequently associate IBE with scientific realism, the idea that it is reasonable to believe our best scientific theories. I argue that this linkage is unfortunate. IBE does not warrant belief, since the fact that a theory is the best available explanation does not show it to be (even probably) true. What IBE does warrant is acceptance: taking a proposition as a premise in theoretical and/or practical reasoning. We ought to accept our (...) best scientific theories since they are the theories that are most likely to lead to the goal of science, which is that of knowledge. In support of this claim I invoke Bill Lycan's Panglossian reflections regarding Mother Nature.1. (shrink)

According to Jim Pryor’s dogmatism, when you have an experience with content p, you often have prima facie justification for believing p that doesn’t rest on your independent justification for believing any proposition. Although dogmatism has an intuitive appeal and seems to have an antisceptical bite, it has been targeted by various objections. This paper principally aims to answer the objections by Roger White according to which dogmatism is inconsistent with the Bayesian account of how evidence affects our rational credences. (...) If this were true, the rational acceptability of dogmatism would be seriously questionable. I respond that these objections don’t get off the ground because they assume that our experiences and our introspective beliefs that we have experiences have the same evidential force, whereas the dogmatist is uncommitted to this assumption. I also consider the question whether dogmatism has an antisceptical bite. I suggest that the answer turns on whether or not the Bayesian can determine the priors of hypotheses and conjectures on the grounds of their extra-empirical virtues. If the Bayesian can do so, the thesis that dogmatism has an antisceptical bite is probably false. (shrink)

This paper considers issues raised by Elizabeth Anderson’s recent critique of the position she terms ‘luck egalitarianism’. It is maintained that luck egalitarianism, once clarified and elaborated in certain regards, remains the strongest egalitarian stance. Anderson’s arguments that luck egalitarians abandon both the negligent and prudent dependent caretakers fails to account for the moderate positions open to luck egalitarians and overemphasizes their commitment to unregulated market choices. The claim that luck egalitarianism insults citizens by redistributing on the grounds of paternalistic (...) beliefs, pity and envy, and by making intrusive and stigmatizing judgments of responsibility, fails accurately to characterize the luck egalitarian’s rationale for redistribution and relies upon luck egalitarians being insensitive to the danger of stigmatization. The luck egalitarian position is reinforced by the fact that Anderson’s favoured conception of equality, ‘democratic equality’, is counterintuitively indifferent to all unchosen inequalities, including intergenerational inequalities, once bare social minima are met. (shrink)

Research in the psychology of deception detection implies that Fricker, in making her case for reductionism in the epistemology of testimony, overestimates both the epistemic demerits of the antireductionist policy of trusting speakers blindly and the epistemic merits of the reductionist policy of monitoring speakers for trustworthiness: folk psychological prejudices to the contrary notwithstanding, it turns out that monitoring is on a par (in terms both of the reliability of the process and of the sensitivity of the beliefs that it (...) produces) with blind trust. The consequence is that while (a version of) Fricker’s argument for the necessity of a reduction succeeds, her argument for the availability of reductions fails. This does not, however, condemn us to endorse standard pessimistic reductionism, according to which there is no testimonial knowledge, for recent research concerning the methods used by subjects to discover deception in non-laboratory settings suggests that only a more moderate form of pessimism is in order. (shrink)

The Swamping Problem shows that two claims are incompatible: the claim that knowledge has more epistemic value than mere true belief and a strict variant of the claim that all epistemic value is truth or instrumental on truth. Most current solutions reject. Carter and Jarvis and Carter, Jarvis and Rubin object instead to a principle that underlies the problem. This paper argues that their objections fail and the problem stands. It also outlines a novel solution which rejects. By carefully (...) distinguishing value from expected value, one can argue that the greater value of knowledge is merely apparent. (shrink)

A popular introduction to common consent arguments for belief in God.

The paper is a response to recent criticisms of agatheism, a new pluralistic interpretation of religious belief put forward by Janusz Salamon with the aim of accommodating the epistemological challenge of religious diversity. Agatheism is an axiologically grounded religious belief which identifies God, the Absolute or the ultimate reality religiously conceived with the ultimate good as the ultimate end of all human agency and thus an explanation of its irreducibly teleological character and a source of its meaning. Janusz (...) Salamon argues that this grounding of religious belief in the human axiological consciousness makes it immune to falsification by any future science. Replying to the concerns of the critics about about irrationality of doxastic commitment to a particular religious tradition, Janusz Salamon argues that to the extent the fundamental agatheistic religious belief is presupposed in such tradition as its doxastic core, its belief system - if internally coherent and aligned with a worldview that is consistent with undisputed scientific findings - may be considered rational, despite there being a plurality of such belief systems. (shrink)

As one of the first modern philosophers, Georg Simmel systematically developed a “relativistic world view” (Simmel 2004, VI). In this paper I attempt to examine Simmel’s relativistic answer to the question of truth. I trace his main arguments regarding the concept of truth and present his justification of epistemic relativism. In doing so, I also want to show that some of Simmel’s claims are surprisingly timely. Simmel’s relativistic concept of truth is supported by an evolutionary argument. The first part of (...) this paper outlines that pragmatic foundation of his epistemology. The second part of the paper shows that Simmel develops what today would be called a coherence theory of truth. He presents his coherentist view that every belief is true only in relation to another one primarily as a theory of epistemic justification. The third part turns to Simmel’s original way of dealing with the (in)famous self-refutation charge against relativism. (shrink)

I reply to seven objections to anthropomorphic theism: (1) That anthropomorphic theism is idolatrous. In reply I rely on the concept/conception distinction. (2) That faith requires certainty. In reply I argue that full belief may be based on probable inference. (3) That the truly infinite is incomprehensible. In reply I distinguish two senses of knowing what you mean. (4) "You Kant say that!" In reply I distinguish shallow from deep Kantianism. (5) "Shall Old Aquinas be forgot?" In reply I (...) discuss the simplicity of God. (6) What those garrulous mystics say about the ineffable. In reply I argue that mystics should be anthropomorphites. (7) Antitheodicy. In reply I distinguish the community of all agents from the community of finite frail agents. (shrink)

Co-parents who differ in their ideal child rearing policies should compromise, argues Marcus William Hunt. Josh Milburn and Carlo Alvaro dispute this when it comes to veganism. Milburn argues that veganism is a matter of justice and that to compromise over justice is (typically) impermissible. I suggest that compromise over justice is often permissible, and that compromise over justice may be required by justice itself. Alvaro offers aesthetic, gustatory, and virtue-based arguments for ethical veganism, showing that veganism involves sensibilities and (...) virtues, and argues that veganism involves a belief. Alvaro takes this to show that parental compromise is impermissible. I suggest that Alvaro’s arguments are implausible and that the shaping of a child’s sensibilities and virtues is an apt matter for parental compromise. (shrink)

I confront Feyerabend's position and critical rationalism in order to have a foundation or starting point for my (historical) investigation. The main difference of his position towards falsificationism is the belief that different theories cannot be discussed rationally. Feyerabend is convinced that Galilei's observations with the telescope in the historical context of the Copernican revolution supports his criticism. In particular, he argues that the Copernican theory was supported by deficient hypotheses, and falsifications were disposed by ad hoc hypotheses and (...) propaganda. Furthermore, he claims that his philosophy of science reconstructs Galilei's defence of the Copernican theory. He introduces a central principle of his position (the principle of tenacity) in order to justify a research strategy of not eliminating falsified theories. He tries to show that the tenacious defence of a theory corresponds to Galilei's defence of the Copernican theory. Remarkably, Feyerabend's approach to explain the development of science earns an important support from his interpretation of Galilei's observations. On this basis I give a falsificationist interpretation of Galilei's observations with the telescope, and oppose this interpretation to Feyerabend's. From a falsificationist perspective, auxiliary hypotheses compete during the Copernican revolution which can (with some effort) be critically discussed. Then I analyse the historical case in order to test Feyerabend's interpretation of the Copernican revolution. Inter alias I investigate thoroughly whether Galilei, as Feyerabend claims, immunised falsifications of the Copernican theory by the introduction of ad hoc hypotheses. The investigation considers Galilei's explanation of Venus' phases, his establishment of the irradiation hypothesis, the explanation of the telescope's functionality, and the role of the reproducibility of the observations with the telescope. Finally I provide a rational reconstruction of Galilei's falsification of the Ptolemaic theory. The formalisation shows that Galilei was not a cautious critical rationalist, but a very confident scientist using the method of falsification. (shrink)

Pharmaceutical paternalism is the normative stance upheld by pharmaceutical regulatory agencies like the US Food and Drug Administration. These agencies prevent patients from accessing treatments declared safe and ineffective for the patient’s good without their consent. Libertarian critics of the FDA have shown a number of significant flaws in regulatory paternalism. Against these objections, I will argue that, in order to make an informed decision about treatments, a libertarian patient should request full disclosure of the uncertainty about an experimental (...) treatment. But pharmaceutical markets, on their own, are not a reliable source of information about such uncertainty. And companies have the power to capture any independent expert who may assess it. Therefore, the libertarian is better off deferring on an independent regulatory body the assessment of the pharmaceutical risks, constraining access to treatments until tested. (shrink)

This paper responds to two arguments that have been offered against the positing of ‘i-desires’, imaginative counterparts of desire supposedly involved in fiction, pretence, and mindreading. The Introspection Argument asks why, if there are both i-desires and desires, the distinction is so unfamiliar and hard to draw, unlike the relatively clear distinctions between perception and mental imagery, or belief and belief-like imagining. The Accountability Argument asks how it can make sense to treat merely imaginative states as revealing of (...) someone’s psychology, the way we do with responses to fiction. I argue that carefully considering the relationship between other states and their imaginative counterparts sheds light on how we should expect i-desires to differ from desires, and suggests that we may often be in states that are _indeterminate_, in limbo between the two categories. This indeterminacy explains why the distinction is often hard to draw, and why these states can be revealing about us even without (determinately) being real desires. (shrink)

In 1993 the Law Lords upheld the original conviction of five men under the 1861 Offences Against the Person Act for participating in sado-masochistic practices. Although the five men were fully consenting adults, the Law Lords held that consent did not constitute a defence to acts of violence within a sado-masochistic context. This paper examines the judgements in this case and argues that sado-masochistic practices are no different from the known exceptions cited by the court to the idea (...) that consent is no defence to violence (sport, parental chastisement and surgery). It also argues that if we can make sense of rape as a non-consensual, violent act, expressed through sex, then we can make sense of sado-masochism as a consensual sexual act, expressed through violence. (shrink)

Evolutionary debunking accounts claim that the evolutionary origins of our moral beliefs provide a problem for moral realists because evolutionary explanations of our moral beliefs have more plausibility than realist accounts. A certain kind of response, which I term ‘rationalist’ offers a dual response to evolutionary debunking. First, they offer a supposedly plausible account of how we acquire objective moral knowledge through use of our rationality. Second, they claim that certain moral beliefs are not amenable to evolutionary explanation. I argue (...) that neither of these putative advantages survives further scrutiny. An appeal to ‘rational insight’, although it makes reference to a somewhat familiar faculty, gives no useful explanation of how we come to know moral facts. Moreover, the supposedly problematic moral beliefs are in fact amenable to evolutionary explanation. As such, rationalist accounts are, like other realist accounts, on the wrong side of the balance of justification against evolutionary debunking. (shrink)

Wars are large-scale conflicts between organized groups of belligerents, which involve suffering, devastation, and brutality unlike almost anything else in human experience. Whatever one’s other beliefs about morality, all should agree that the horrors of war are all but unconscionable, and that warfare can be justified only if we have some compel- ling account of what is worth fighting for, which can justify contributing, as individu- als and as groups, to this calamitous endeavour. Although this question should obviously be central (...) to both philosophical and politi- cal discussion about war, it is at the forefront of neither. In recent years, philosophical discussion of warfare has bloomed, but the debate has focused on whom we may kill, on the assumption that our aims are justified.1 Political debate, meanwhile, is more concerned with matters of prudence, international law, and public justification, than with reassessing what is worth fighting for. For wars of intervention to halt or prevent massive humanitarian crises, this gap is not so troubling. When warfare is the only means to prevent the mass killing or enslavement of the innocent, the purposes of military force are clear enough (though undoubtedly many other problems remain). The problem is more pressing, how- ever, for the justification of national defence.3 Although common-sense morality and international law view national defence as the paradigm case of justified warfare, grounding this consensus is surprisingly difficult.4 We typically believe that any state is justified in using lethal force to protect its territory against any form of uninvited military incursion by any other state. And yet we lack a good argument to explain why this should be so. In this chapter, I explain why one familiar and otherwise plausible approach to the justification of killing in war cannot adequately ground common-sense views of permissible national defence.5 Reductionists believe that justified warfare reduces to an aggregation of acts that are justified under ordinary principles of interpersonal morality.6 The standard form of reductionism focuses on the principles governing killing in ordinary life, specifically those that justify intentional killing in self- and other-defence, and unintended but foreseen (for short, collateral) killing as a lesser evil. Justified warfare, on this view, is no more than the coextension of multiple acts justified under these two principles. Reductionism is the default philosophical approach to thinking through the ethics of killing in war. It makes perfect sense to ask what principles govern permissible kill- ing in general, before applying them to the particular context of war. If it cannot deliver a plausible set of conclusions about when national defence is permitted, then we must either revise our beliefs about which conclusions count as plausible, or else face the significant challenge of developing a different theoretical model for justifying war- fare—an exceptionalist model, which views war as an exception to the regular moral landscape, to which principles apply which apply to nothing else but war.7 We must show, in other words, that there is something worth fighting for in wars of national defence, which is not engaged when we use force in any other context. The chapter proceeds as follows. Section 2.2 sets out the argument against reduc- tionism.8 Section 2.3 considers and rebuts one common response to the argument, which has often been thought sufficient grounds to disregard its conclusion. Section 2.4 then asks whether a modified reductionism would survive unscathed by the argu- ment. Finally, section 2.5 sets out some desiderata on a plausible exceptionalist alterna- tive. Section 2.6 concludes. (shrink)

Review of *Suffering Belief: Evil and the Anglo-American Defence of Theism* (by Andrea Weisberger). This paper was originally published at the Secular Web; it was later published in *Philo*. Details here are to the publication in *Philo*.

The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading (...) to a truncated analysis of criminal responsibility, and error. The problem illustrates how easily old rhetoric perpetuates assumptions that no longer have a place in Canadian law. (shrink)

Is behavioral integration (i.e., which occurs when a subjects assertion that p matches her non-verbal behavior) a necessary feature of belief in folk psychology? Our data from nearly 6,000 people across twenty-six samples, spanning twenty-two countries suggests that it is not. Given the surprising cross-cultural robustness of our findings, we suggest that the types of evidence for the ascription of a belief are, at least in some circumstances, lexicographically ordered: assertions are first taken into account, and when an (...) agent sincerely asserts that p, non-linguistic behavioral evidence is disregarded. In light of this, we take ourselves to have discovered a universal principle governing the ascription of beliefs in folk psychology. (shrink)

According to The Consensus Gentium Argument from the premise: “Everyone believes that God exists” one can conclude that God does exist. In my paper I analyze two ways of defending the claim that somebody’s belief in God is a prima facie reason to believe. Kelly takes the fact of the commonness of the belief in God as a datum to explain and argues that the best explanation has to indicate the truthfulness of the theistic belief. Trinkaus Zagzebski (...) grounds her defence on rationality of epistemic trust in others. In the paper I argue that the second line of reasoning is more promising and I propose its improved version. (shrink)

This thesis modifies the wording of William Clifford’s 1877 evidence principle (that ‘it is wrong always, everywhere, and for anyone, to believe anything upon insufficient evidence’) to propose an explicitly moral principle, restricted to descriptive beliefs (about what is or is not the case) and excluding prescriptive beliefs (about what ought or ought not to be the case). It considers potential counter-examples, particularly William James’s 1896 defence of religious belief; and concludes that the modified principle survives unscathed. It (...) then searches for suitable criteria for ‘sufficient’ and ‘insufficient’ evidence, first within a Bayesian framework enriched by pragmatic considerations, and finally by returning to Clifford’s conception of our shared responsibilities to our shared epistemic asset. Combined with elements of Edward Craig’s (1990, 1999) ‘state-of-nature’ theory of knowledge this gets us to a minimum threshold to avoid insufficient evidence and an aspirational criterion of sufficient evidence. (shrink)

Stoic philosophers had to face the accusation of incoherence, self-contradiction and Paradoxes since ancient times. Plutarch in his Moralia writes against them; Cicero devotes a separate work on stoic paradoxes. Even in contemporary Literature there are still discussions on the possibility of such an incoherence and existence of paradoxes in the stoic theory. At first glance, stoic Cosmology gives the impression to both accept a kind of Determinism, and at the same time it undoubtedly argues for the moral agent’s freedom (...) of the Will. In pre-stoic or even other contemporary to Stoicism Philosophical Traditions, the definitions that these two terms/concepts are given, fairly accuse as incoherent any Theory that does not set them as “contraries”. Under these types of accusations, the stoic Cosmology and Theory of the Freedom of the Will is often to be included. This phenomenal self-contradiction inside the Principles of Stoicism becomes even more obvious in Epictetus, a philosopher of the Late Stoa. He is interested in practical ethics, thus the phenomenal contradiction gets more lucid. This would have augmented the criticism of the Stoic philosophy for incoherence, if Epictetus had not made his main philosophical aim/target : the clarification of how an agent’s Will can be Free inside a Universe ruled by Fate/Destiny ; namely, a Universe merely Determined by Nature’s/God’s Will. Epictetus’ originality appears in the way he interrelates the concept of Freedom of the Will with the concept of Destiny and Determinism, in order to accomplish their simultaneous co-existence. This approach guards him against being easily accused for incoherence and self-contradiction. Through the unique way he understands and defines the Moral Agency, which is the agent’s internal state/condition/disposition, he steers towards an integrated, accomplished, strong and coherent line of argument. This sturdy declaration is able to support the weight of the Consent to a Free Will, and thus a certain kind Freedom of the moral agent. The excellence of this line of argument is that it can bear also the burden of the Consent to the phenomenally contrary concept of Determinism and Destiny. The elements used to the construction of this argument, which is stretched throughout the whole epictetean corpus can be summarised to a few key concepts, which are: the things which are in our power and the things which are not in our power, the concept of Freedom. These concepts work towards his philosophical targeting, because of the special definition he gives them. Axiomatically Epictetus states that in order for man to be free, it is necessary to be liberated from what the body forces him to do. Desires, passions and beliefs are considered as elements which are external to the moral agent. The moral agent “shrinks” into the Will. Thus man has the capability to free himself from anything external to his Will and therefore to harmonise his own Will to the Will of Nature/God; namely, to will what Nature/God wills and thus never conflict to the external facts. Consequently, Epictetus’ solution, is to include in the category of τά οὐκ ἐφ' ἡμῖν anything that he defines as external to the prohairesis: the desires, beliefs, passions and in general anything the body entails, the external facts. Thus the prohairesis, remains unhindered and it is completely depended on man’s power ; as characteristically Epictetus writes, “not even Zeus himself can overpower” the prohairesis. -/- Dissertation for the MSc Ancient Philosophy (2008-2009) at The University of Edinburgh, supervised by Inna Kupreeva. (shrink)

In their simplest form, consensus gentium arguments for theism argue that theism is true on the basis that everyone believes that theism is true. While such arguments may have been popular in history, they have all but fallen from grace in the philosophy of religion. In this short paper, we reconsider the neglected topic of consensus gentium arguments, paying particular attention to the value of such arguments when deployed in the defence of theistic belief. We argue that while (...) consensus gentium arguments are unlikely to offer anything close to overwhelming support for theism, their probative value is nevertheless underappreciated, and that they have been unfairly maligned as a consequence. (shrink)

I defend a weak version of the Pigou-Dalton principle for chances. The principle says that it is better to increase the survival chance of a person who is more likely to die rather than a person who is less likely to die, assuming that the two people do not differ in any other morally relevant respect. The principle justifies plausible moral judgements that standard ex post views, such as prioritarianism and rank-dependent egalitarianism, cannot accommodate. However, the principle can be justified (...) by the same reasoning that has recently been used to defend the core axiom of ex post prioritarianism and egalitarianism, namely, Pigou-Dalton for well-being. The arguably biggest challenge for proponents of Pigou-Dalton for chances is that it violates State Dominance for social prospects. However, I argue that we have independent reason for rejecting State Dominance for social prospects, since it prevents a social planner from properly respecting people's preferences. (shrink)

This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, (...) with a specific person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well -- acquaintances, supervisors or co-workers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges, to truncate legal analysis of the facts and leap to erroneous conclusions about “consent.” Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of pre-judgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used. (shrink)

People increasingly form beliefs based on information gained from automatically filtered Internet ‎sources such as search engines. However, the workings of such sources are often opaque, preventing ‎subjects from knowing whether the information provided is biased or incomplete. Users’ reliance on ‎Internet technologies whose modes of operation are concealed from them raises serious concerns about ‎the justificatory status of the beliefs they end up forming. Yet it is unclear how to address these concerns ‎within standard theories of knowledge and justification. (...) To shed light on the problem, we introduce a ‎novel conceptual framework that clarifies the relations between justified belief, epistemic responsibility, ‎action, and the technological resources available to a subject. We argue that justified belief is subject to ‎certain epistemic responsibilities that accompany the subject’s particular decision-taking circumstances, ‎and that one typical responsibility is to ascertain, so far as one can, whether the information upon which ‎the judgment will rest is biased or incomplete. What this responsibility comprises is partly determined by ‎the inquiry-enabling technologies available to the subject. We argue that a subject’s beliefs that are ‎formed based on Internet-filtered information are less justified than they would be if she either knew how ‎filtering worked or relied on additional sources, and that the subject may have the epistemic ‎responsibility to take measures to enhance the justificatory status of such beliefs.‎. (shrink)

Harrison Frye claims that socialist republicanism may be unable to reduce domination due to efficiency costs and accountability deficits imposed by public ownership. I argue that the empirical and theoretical grounds for expecting such a decline in economic efficiency are weak. Moreover, the egalitarian distributive effects of public ownership are likely to be more important for insulating people from domination. So too, workers, consumers, and citizens are not well-protected from domination by the accountability of managers to profit-seeking shareholders. I conclude (...) that the investor-owned firm will do far more to exacerbate dominating power than to constrain it. (shrink)

Confronted with the problem of induction, Hans Reichenbach accepts that we cannot justify that induction is reliable. He tries to solve the problem by proving a weaker proposition: that induction is an optimal method of prediction, because it is guaranteed not to be worse and may be better than any alternative. Regarding the most serious objection to his approach, Reichenbach himself hints at an answer without spelling it out. In this paper, I will argue that there are two workable strategies (...) to rehabilitate Reichenbach’s account. The first leads to the widely discussed method of meta-induction, as proposed by Gerhard Schurz. The second strategy has not been suggested thus far. I will develop the second strategy and argue for it being, in some respects, superior to the first and closer to Reichenbach’s own position. (shrink)

In domains like stock brokerage, clinical psychiatry, and long‐term political forecasting, experts generally fail to outperform novices. Empirical researchers agree on why this is: experts must receive direct or environmental learning feedback during training to develop reliable expertise, and these domains are deficient in this type of feedback. A growing number of philosophers resource this consensus view to argue that, given the absence of direct or environmental philosophical feedback, we should not give the philosophical intuitions or theories of expert philosophers (...) greater credence than those of novice philosophers. This article has three objectives. The first is to explore several overlooked issues concerning the strategy of generalizing from empirical studies of non‐philosophical expertise to the epistemic status of philosophical expertise. The second is to explain why empirical research into a causal relationship between direct learning feedback and enhanced expert performance does not provide good grounds for abandoning a default optimism about the epistemic superiority of expert philosophical theories. The third is to sketch a positive characterization of learning feedback that addresses developmental concerns made salient by the empirical literature on expert performance for specifically theory‐driven or “armchair” domains like philosophy. (shrink)

The idea that humans should abandon their individuality and use technology to bind themselves together into hivemind societies seems both farfetched and frightening – something that is redolent of the worst dystopias from science fiction. In this article, we argue that these common reactions to the ideal of a hivemind society are mistaken. The idea that humans could form hiveminds is sufficiently plausible for its axiological consequences to be taken seriously. Furthermore, far from being a dystopian nightmare, the hivemind society (...) could be desirable and could enable a form of sentient flourishing. Consequently, we should not be so quick to deny it. We provide two arguments in support of this claim – the axiological openness argument and the desirability argument – and then defend it against three major objections. (shrink)

Divine command theories come in several different forms but at their core all of these theories claim that certain moral statuses exist in virtue of the fact that God has commanded them to exist. Several authors argue that this core version of the DCT is vulnerable to an epistemological objection. According to this objection, DCT is deficient because certain groups of moral agents lack epistemic access to God’s commands. But there is confusion as to the precise nature and significance of (...) this objection, and critiques of its key premises. In this article, I try to clear up this confusion and address these critiques. I do so in three ways. First, I offer a simplified general version of the objection. Second, I address the leading criticisms of the premises of this objection, focusing in particular on the role of moral risk/uncertainty in our understanding of God’s commands. And third, I outline four possible interpretations of the argument, each with a differing degree of significance for the proponent of the DCT. (shrink)

Can a person be harmed or wronged by being brought into existence? Can a person be benefited by being brought into existence? Following David Heyd, I refer to these questions as “genethical questions”. This chapter examines three broad approaches to genethics: the no-faults model, the dual-benchmark model, and the parity model. The no-faults model holds that coming into existence is not properly subject to moral evaluation, at least so far as the interests of the person that is to be brought (...) into existence are concerned. The dual benchmark model allows that coming into existence can be subject to moral evaluation, but holds that our judgments about the kinds of lives worth starting ought not be aligned with our judgments about the kinds of lives worth sustaining. I argue against both the no-faults and dual benchmark models. In their place, I argue for a parity approach to genethics, according to which our judgments about the conditions under which life is worth creating ought to be constrained by our judgments about the conditions under which life is worth continuing. (shrink)

The term ‘psychologism’ is normally used for the doctrine that logical and mathematical truths must be explained in terms of psychological truths (see Kusch 1995 and 2011). As such, the term is typically pejorative: the widespread consensus is that psychologism in this sense is a paradigm of philosophical error, a gross mistake that was identified and conclusively refuted by Frege and Husserl.

My starting point is what I call the Normative Authority Conception of justification, where S is justified in their belief that p at t (to some degree n) if and only if their believing that p at t is not ruled out by epistemic norms that have normative authority over S at t. With this in mind, this paper develops an account of doxastic justification by first developing an account of the normative authority of epistemic norms. Drawing from work (...) in political philosophy, I argue that (a) the cognitive and evaluative commitments and concerns behind our actual practices of holding each other and ourselves accountable for our beliefs reveal which epistemic norms we have consented to be under, and that (b) it is because we have consented to be under the authority of these norms – by actually holding ourselves and others accountable to them – that they in turn have normative authority over us. By connecting the authority of epistemic norms to the authority we have over ourselves in this way, the resulting account of doxastic justification (i) explains why it can be appropriate to criticize, resent, or sanction someone for having unjustified beliefs, (ii) avoids the phenomena of normative alienation and normative parochialism, and (iii) respects the social and collective nature of epistemic justification. (shrink)

Business ethics is often understood as a variety of professional ethics, and thus distinct from ordinary morality in an important way. This article seeks to challenge two ways of defending this claim: first, from the nature of business practice, and second, from the contribution of business. The former argument fails because it undermines our ability to rule out a professional-ethics approach to a number of disreputable practices. The latter argument fails because the contribution of business is extrinsic to business in (...) a way that distinguishes from the established professions. The article ultimately suggests we adopt a more aspirational approach to business ethics, which retains an appeal even in the face of charges of anti-capitalist irrelevance. (shrink)

Many contemporary philosophers rate error theories poorly. We identify the arguments these philosophers invoke, and expose their deficiencies. We thereby show that the prospects for error theory have been systematically underestimated. By undermining general arguments against all error theories, we leave it open whether any more particular arguments against particular error theories are more successful. The merits of error theories need to be settled on a case-by-case basis: there is no good general argument against error theories.

In Der logische Aufbau der Welt, first published in 1928, Carnap aims to rationally reconstruct all objects of cognition by logico-definitional means. As a result, he intends to obtain a fully objective framework in which scientific discourse can take place. This is made possible by the novel method of ‘purely structural definite description’ of all scientifically relevant objects, which is first introduced in the Aufbau. Key to the attainment of this goal is the notion of ‘foundedness’, which Carnap presents as (...) a new basic notion of logic, in order to establish a link between the purely conventional world of logical and mathematical knowledge and the empirical world of knowledge of scientific objects. This idea experienced major criticism by Friedman (1999a,b) since he considers it to lead to the demolition of the boundary between those two worlds. In this essay, we want to defend foundedness against Friedman’s critique by arguing that its introduction is necessary within Carnap’s logicist world of thought to deal with a more fundamental problem: the demarcation of the empirical parts of the Aufbau. In the last section, we will give an outlook on the actual cause for the failure of the Aufbau, the lack of a principle to determine the truth of the instances of the basic relation in the Aufbau, and we will show how this can contribute to the explanation of Carnap’s future philosophical development and retrospective self-evaluation. This essay serves as a dense informal sketch for a later extensive formal treatment of this reading of foundedness and focuses on its implications for the interpretation of Carnap’s post-Aufbau development. (shrink)

Deception, like coercion, can invalidate the moral force of consent. In the sexual domain, when someone is deceived about some feature of their partner, knowledge of which would be dispositive of their decision to have sex – a dealbreaker – the moral validity of their consent is undermined. I argue that in order to determine whether someone has discharged their duties of disclosure in the sexual domain, we should ask whether, upon receiving a token of consent to (...) sex, they have a justified belief that their partner would consent to the sexual encounter given all the features that it has. I argue that whether an agent has a justified belief in this proposition is a function of the agent’s body of evidence and which alternatives uneliminated. (shrink)

Derek Parfit argues in Reasons and Persons that acting according to your present desires is more rational, or at least as rational, as acting in your long-term self-interest. To do this, he puts forward a case supporting a 'critical present-aim theory' of rationality opposed to the self-interest theory, and then argues against a number of possible replies. This article is a response to these arguments, concluding that Parfit's favouring of the present-aim theory is unfounded, and that self-interest is the better (...) theory of rationality. (shrink)