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)

Permissivism is the view that there are evidential situations that rationally permit more than one attitude toward a proposition. In this paper, I argue for Intrapersonal Belief Permissivism (IaBP): that there are evidential situations in which a single agent can rationally adopt more than one belief-attitude toward a proposition. I give two positive arguments for IaBP; the first involves epistemic supererogation and the second involves doubt. Then, I should how these arguments give intrapersonal permissivists a distinct response to (...) the toggling objection. I conclude that IaBP is a view that philosophers should take seriously. (shrink)

This paper is a defense of moral evidentialism, the view that we have a moral obligation to form the doxastic attitude that is best supported by our evidence. I will argue that two popular arguments against moral evidentialism are weak. I will also argue that our commitments to the moral evaluation of actions require us to take doxastic obligations seriously.

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 my Racialization: A Defense of the Concept, I argue that ‘race’ fails as an analytic category and that we should think in terms of ‘racialization’ and ‘racialized groups’ instead (Hochman 2019c). I define these concepts and defend them against a range of criticisms. In Rethinking Racialization: The Analytical Limits of Racialization, Deniz Uyan critiques my “theory of racialization” (Uyan 2021). However, I do not defend a theory of racialization; I defend the concept of racialization. I argue that racialization is (...) a useful idea, but I do not advance a theory to explain or predict the phenomena it describes. While Uyan’s critique therefore misses its mark, it raises important questions about the explanatory scope of the racialization concept. Ironically, I may be even more skeptical of the prospects of any general theory of racialization than Uyan. I argue that while we ought to develop theories to explain particular instances of racialization, we should not develop a general theory of racialization, because it is simply too varied in the agents that drive it, their intents, the mechanisms through which it operates, and the outcomes it produces. While hope for any general theory of racialisation should be abandoned, I argue that the racialisation concept is still extremely useful. It offers a necessary alternative to race realist concepts, allowing us to point to the wide-ranging effects of belief in race without falsely implying that race itself is real. Uyan does not focus on my arguments against racial realism. However, the theoretical failures and normative risks of racial realism motivate my defense of the racialization concept. In this paper, I reiterate my arguments against racial realism and offer further defense of the concepts of ‘racialization’ and ‘racialized group’. (shrink)

According to proper functionalist theories of warrant, a belief is warranted only if it is formed by cognitive faculties that are properly functioning according to a good, truth-aimed design plan, one that is often thought to be specified either by intentional design or by natural selection. A formidable challenge to proper functionalist theories is the Swampman objection, according to which there are scenarios involving creatures who have warranted beliefs but whose cognitive faculties are not properly functioning, or are poorly (...) designed, or are not aimed at truth. In this paper, we draw lessons from cognitive science in order to develop a novel argument for the conclusion that the Swampman objection fails against proper functionalist theories of warrant. Our argument not only shows that the underlying, central intuition motivating Swampman-like scenarios is false but also motivates proper function as a necessary condition for warrant, thereby lending support to the claim that any theory of knowledge that lacks a proper function requirement is false. (shrink)

Many epistemologists use intuitive responses to particular cases as evidence for their theories. Recently, experimental philosophers have challenged the evidential value of intuitions, suggesting that our responses to particular cases are unstable, inconsistent with the responses of the untrained, and swayed by factors such as ethnicity and gender. This paper presents evidence that neither gender nor ethnicity influence epistemic intuitions, and that the standard responses to Gettier cases and the like are widely shared. It argues that epistemic intuitions are produced (...) by the natural ‘mindreading’ capacity that underpins ordinary attributions of belief and knowledge in everyday social interaction. Although this capacity is fallible, its weaknesses are similar to the weaknesses of natural capacities such as sensory perception. Experimentalists who do not wish to be skeptical about ordinary empirical methods have no good reason to be skeptical about epistemic intuitions. (shrink)

This essay explains why partisanship is justified in contemporary America and environments with similar voting systems and coalition structures. It explains how political parties operate, how helping a party succeed can be a goal of genuine ethical significance, and how trusting one party while mistrusting another can be a reliable route to true belief about important political issues.

Religious fictionalism holds that religious sentences are false, that religious practitioners accept rather than believe religious sentences, and that it is justifiable for them to act on religious sentences. I develop an alternative to religious fictionalism, which I call “religious practicalism.” It holds that we do not know whether religious sentences are true or false, that religious practitioners believe rather than merely accept religious sentences, and that it is justifiable for them to act on religious sentences. I argue that religious (...) practicalism has intellectual, moral, and practical advantages over religious fictionalism. (shrink)

It is often irrational to believe philosophical claims because they are subject to systematic disagreement, under-determination, and pessimistic induction. Along with some other authors in this volume, I argue that many philosophers should (and do) have a different attitude to their own philosophical commitments. On my account, this attitude is a form of epistemic acceptance called endorsement. However, several objections have been raised to this view and others like it. One worry is that endorsement is spineless: that people who merely (...) endorse their theories fail to have a stable, global commitment to their views. A second worry is that endorsement, and the assertions it licenses, are objectionably insincere. Here, I defend the theory of endorsement from these objections. I suggest that endorsement can be more resilient than belief, while better supporting both intellectual courage and humility. Then, I argue that endorsement can be perfectly sincere, since it is not deceptive. (shrink)

One famous debate in contemporary epistemology considers whether there is always one unique, epistemically rational way to respond to a given body of evidence. Generally speaking, answering “yes” to this question makes one a proponent of the Uniqueness thesis, while those who answer “no” are called “permissivists”. Another influential recent debate concerns whether non-truth-related factors can be the basis of epistemic justification, knowledge, or rational belief. Traditional theories answer “no”, and are therefore considered “purists”. However, more recently many theorists (...) have argued to the contrary, claiming that impurist factors, such as practical stakes, can sometimes encroach or even override truth-related considerations. This paper bridges the two debates by presenting and defending what I call “Impurist Permissivism”. I support Impurist Permissivism by showing how it can resist Roger White’s famous Argument from Arbitrariness (2005). (shrink)

We argue that intentions are beliefs—beliefs that are held in light of, and made rational by, practical reasoning. To intend to do something is neither more nor less than to believe, on the basis of one’s practical reasoning, that one will do it. The identification of the mental state of intention with the mental state of belief is what we call strong cognitivism about intentions. It is a strong form of cognitivism because we identify intentions with beliefs, rather than (...) maintaining that beliefs are entailed by intentions or are components of them. (shrink)

Epistemic permissivism is the thesis that the evidence can rationally permit more than one attitude toward a proposition. Pascal’s wager is the idea that one ought to believe in God for practical reasons, because of what one can gain if theism is true and what one has to lose if theism is false. In this paper, I argue that if epistemic permissivism is true, then the defender of Pascal’s wager has powerful responses to two prominent objections. First, I argue that (...) if permissivism is true, then permissivism is true about theistic belief. Second, I show how epistemic permissivism about theistic belief dispels two objections to Pascal’s wager: the objection that wagering is impossible, and the objection that wagering is epistemically impermissible. (shrink)

The internalism/externalism controversy has various expanding features in contemporary epistemology. In this article we try to show capabilities of philosophy of Sadra for interfering in this debate. The main goal is to rely on principles of Sadra and defend a kind of internalism that consider cognitive access to factors needed for a belief to be epistemically justified as a pivotal condition. It will be proved that for defense of any knowledge, we should accept immediate and direct knowledge to states (...) of mind and this knowledge is superior from threefold propositional knowledge and merely with reliance on division knowledge to present knowledge and propositional knowledge internalism is defensible. Indeed, some ambiguities in internalism/ externalism controversy is due to inattention properties of present knowledge and its separation from propositional knowledge. After that as respects to those properties and also reliance on division knowledge to simple and compound we answer three main difficulties internalism face and display solution for internalist´s contra examples. (shrink)

Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 of Theory, (...) we can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. (shrink)

We seem to enjoy a special kind of access to our beliefs. We seem able to know about them via a distinctively first-personal method, and such knowledge seems epistemically superior to any knowledge that others might attain of our beliefs. This paper defends a novel account of this access. The account is extrospective in that it explains this access in terms of our ability to think about the (non-mental) world. Moreover, it does not require the contentious claim that judging that (...) p suffices for coming to believe that p. This is a significant strength of the account. (shrink)

Thomas Reid is often misread as defending common sense, if at all, only by relying on illicit premises about God or our natural faculties. On these theological or reliabilist misreadings, Reid makes common sense assertions where he cannot give arguments. This paper attempts to untangle Reid's defense of common sense by distinguishing four arguments: (a) the argument from madness, (b) the argument from natural faculties, (c) the argument from impotence, and (d) the argument from practical commitment. Of these, (a) and (...) (c) do rely on problematic premises that are no more secure than claims of common sense itself. Yet (b) and (d) do not. This conclusion can be established directly by considering the arguments informally, but one might still worry that there is an implicit premise in them. In order to address this concern, I reconstruct the arguments in the framework of subjective Bayesianism. The worry becomes this: Do the arguments rely on specific values for the prior probability of some premises? Reid's appeals to our prior cognitive and practical commitments do not. Rather than relying on specific probability assignments, they draw on things that are part of the Bayesian framework itself, such as the nature of observation and the connection between belief and action. Contra the theological or reliabilist readings, the defense of common sense does not require indefensible premises. (shrink)

Recent work has argued that there may be cases where no attitude – including withholding – is rationally permissible. In this paper, I consider two such epistemic dilemmas, John Turri’s Dilemma from Testimony and David Alexander’s Dilemma from Doubt. Turri presents a case where one’s only evidence rules out withholding (without warranting belief or disbelief). Alexander presents a case where higher order doubt means one must withhold judgment over whether withholding judgment is rational. In both cases, the authors conclude (...) that no doxastic attitude is warranted. In this paper, I argue against the possibility of these epistemic dilemmas. I argue that withholding cannot be irrational in either case. But meditating on the dilemmas gives us an important – and overlooked – insight into the nature of rational withholding. First, rational withholding is a function of evidence failing to sufficiently support belief or disbelief. As a result, withholding is not symmetrical to belief and disbelief. Second, there can be two distinct grounds for rational withholding. First, propositional withholding, which arises when our evidence does not support belief or disbelief in p. And second, doxastic withholding, which arises when we cannot determine whether our evidence supports belief or disbelief in p. Accepting two grounds of rational withholding licenses a kind of Weak Permissivism. But this Weak Permissivism should not be troubling to anyone. (shrink)

A common view among nontheists combines the de jure objection that theism is epistemically unacceptable with agnosticism about the de facto objection that theism is false. Following Plantinga, we can call this a “proper” de jure objection—a de jure objection that does not depend on any de facto objection. In his Warranted Christian Belief, Plantinga has produced a general argument against all proper de jure objections. Here I first show that this argument is logically fallacious (it makes subtle probabilistic (...) fallacies disguised by scope ambiguities), and proceed to lay the groundwork for the construction of actual proper de jure objections. (shrink)

How does one know one's own beliefs, intentions, and other attitudes? Many responses to this question are broadly empiricist, in that they take self-knowledge to be epistemically based in empirical justification or warrant. Empiricism about self-knowledge faces an influential objection: that it portrays us as mere observers of a passing cognitive show, and neglects the fact that believing and intending are things we do, for reasons. According to the competing, agentialist conception of self-knowledge, our capacity for self-knowledge derives from our (...) rational agency—our ability to conform our attitudes to our reasons, and to commit ourselves to those attitudes through avowals. This paper has two goals. The first is exegetical: to identify agentialism's defining thesis and precisely formulate the agentialist challenge to empiricism. The second goal is to defend empiricism from the agentialist challenge. I propose a way to understand the role of agency in reasoning and avowals, one that does justice to what is distinctive about these phenomena yet is compatible with empiricism about self-knowledge. (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)

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)

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)

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)

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

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)

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)

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)

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)

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 defend belief-credence dualism, the view that we have both beliefs and credences and both attitudes are equally fundamental. First, I explain belief, credence, and three views on their relationship. Then, I argue for dualism. I do so first by painting a picture of the mind on which belief and credence are two cognitive tools that we use for different purposes. Finally, I respond to two objections to dualism. I conclude that dualism is a promising view, and (...) one that both epistemologists and philosophers of mind should take seriously. (shrink)

Abstract Do the central aims of epistemology, like those of moral philosophy, require that we designate some important place for those concepts located between the thin-normative and the non-normative? Put another way, does epistemology need "thick" evaluative concepts and with what do they contrast? There are inveterate traditions in analytic epistemology which, having legitimized a certain way of viewing the nature and scope of epistemology's subject matter, give this question a negative verdict; further, they have carried with them a tacit (...) commitment to what we argue to be an epistemic analogue of the reductionistic centralist thesis which Bernard Williams, in our view, successfully repudiates in ethics. In this essay, we challenge the epistemic analogue of the traditional but mistaken thesis. In offering an alternative to it which provides a comfortable home for the epistemic normativity which attends thick evaluative concepts, we align ourselves with what has been recently called the Value Turn in epistemology. From this perspective, we defend that, contrary to tradition, as influenced by centralist assumptions, epistemology does need thick evaluative concepts. Further, the sort of theories that will be able to give thick evaluative concepts an irreducible role in both belief and agent evaluation are adequately social epistemologies. What loosely refer to as second-wave of virtue epistemology is the widespread interest to provide a comfortable home for the role of thick normativity, as it is connected both with epistemic evaluation, and guidance. We recognize that, in breaking from centralism, there is a worry that a resulting anti-centralist theory will be reductionistic in the other direction, making the thick primary. We contend however that second-wave virtue epistemologies take different sources of social and epistemic value into account; they seek the 'right thickness' to ride with conception of epistemology and a field which due in part to virtue theory's resurgence, is today normative, diverse and expansive than was the traditional set of problems from which it emerged. (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)

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)

J. L. Schellenberg has recently argued that there is a logical incompatibility between God’s being perfectly loving and there being non-resistant nonbelievers in the proposition that God exists. In this paper I highlight the parallel between this claim and the claim made by the logical problem of evil. Following Plantinga’s strategy in undermining the logical problem of evil, I argue that all that is needed to undermine the alleged incompatibility of divine love with non-resistant non-belief is a counterexample showing (...) how the two might possibly co-exist. But whereas most attempts to show this have been grounded anthropologically, by drawing on forms of love-relationship that God and humans have in common, I offer a defense of the compatibility of perfect divine love with human non-resistant non-belief in God’s existence grounded theologically, in the unique sort of love relationship that God wants with us, which is the relationship of “imaging.”. (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)

Knowledge is widely thought to entail belief. But Radford has claimed to offer a counterexample: the case of the unconfident examinee. And Myers-Schulz and Schwitzgebel have claimed empirical vindication of Radford. We argue, in defense of orthodoxy, that the unconfident examinee does indeed have belief, in the epistemically relevant sense of dispositional belief. We buttress this with empirical results showing that when the dispositional conception of belief is specifically elicited, people’s intuitions then conform with the view (...) that knowledge entails (dispositional) belief. (shrink)

Attitudinal Hedonism is a theory of well-being which claims that welfare consists in states of attitudinal pleasure. Fred Feldman characterizes attitudinal pleasure as a state of consciousness similar to attitudes of hope and fear or belief and doubt. He employs the term, enjoyment for the relevant conscious state of attitudinal pleasure and disenjoyment for attitudinal pain. Attitudinal pleasures and pains contrast with sensory pleasures like sex or drugs and sensory pains like cuts or bruises which are felt with the (...) senses in the same way that temperature is felt. So someone who enjoys sitting at home alone to quietly read a book experiences not sensory pleasure, but attitudinal pleasure. This makes Attitudinal Hedonism a much more plausible theory of well-being than Sensory Hedonism which would maintain that activities like quietly reading cannot increase one’s welfare even if one enjoys these activities. But Attitudinal Hedonism has a different flaw according to Peter de Marneffe who claims the view leads to the implausible conclusion that the concept of welfare does not apply to beings which are not capable of enjoyment or disenjoyment. In this paper I’ll defend Attitudinal Hedonism against de Marneffe’s objection. I’ll begin by examining de Marneffe’s objection more closely and identifying two distinct responses to it. First, I’ll argue that it is not a problem for Attitudinal Hedonism if the concept of welfare does not apply to the types of beings de Marneffe imagines. Second, I’ll propose a broader definition of attitudinal pleasure which allows us to apply the concept to de Marneffe’s hypothetical beings. For this purpose I’ll argue that attitudinal pleasure is the subjective satisfaction of desire. (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)

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)

Derk Pereboom’s Free Will, Agency, and Meaning in Life provides the most lively and comprehensive defense of free will skepticism in the literature. It contains a reworked and expanded version of the view he first developed in Living without Free Will. Important objections to the early book are answered, some slight modifications are introduced, and the overall account is significantly embellished—for example, Pereboom proposes a new account of rational deliberation consistent with the belief that one’s actions are causally determined (...) and develops a forward-looking theory of moral responsibility con- sistent with free will skepticism. A significant contribution to the field, Free Will, Agency, and Meaning in Life is destined to become a classic and is essential reading for anyone interested in free will and moral responsibility. (shrink)

Are mandatory lockdown measures, which place restrictions on one’s freedom to move and assemble, justifiable? Offhand, such measures appear to compromise important rights to secure goals of public health. Proponents of such measures think the trade-off is worth it; opponents think it isn’t. However, one might think that casting the debate in these terms concedes too much to the opponents. Mandatory lockdown measures don’t infringe important rights because no one has a right to impose a risk of grievous harm on (...) others—and, in the context of a pandemic, participating in the prohibited activities (e.g., going out to the bar) does just that. -/- This chapter explores whether this defense of mandatory lockdown measures holds up. It, first, considers whether we have a right against risk imposition—and, if so, how such a right is best understood. It then considers the objection that, even if there is such a right, people who voluntarily choose to engage in the prohibited activities—at least if fully appraised of the risks involved—effectively waive it. The chapter argues that this objection fails. (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)

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)

In this paper, I make explicit some implicit commitments to realism and conceptualism in recent work in social epistemology exemplified by Miranda Fricker and Charles Mills. I offer a survey of recent writings at the intersection of social epistemology, feminism, and critical race theory, showing that commitments to realism and conceptualism are at once implied yet undertheorized in the existing literature. I go on to offer an explicit defense of these commitments by drawing from the epistemological framework of John McDowell, (...) demonstrating the relevance of the metaphor of the “space of reasons” for theorizing and criticizing instances of epistemic injustice. I then point out how McDowell’s own view requires expansion and revision in light of Mills' concept of 'epistemologies of ignorance'. I conclude that, when their strengths are used to make up for each others' weaknesses, Mills and McDowell’s positions mutually reinforce one another, producing a powerful model for theorizing instances of systematic ignorance and false belief. (shrink)

ABSTRACTDoes knowledge entail belief? This paper argues that the answer depends on how one interprets ‘belief’. There are two different notions of belief: belief as such and belief for knowledge. They often differ in their degrees of conviction such that one but not both might be present in a particular case. The core of the paper is dedicated to a defense of this overlooked distinction. The beginning of the paper presents the distinction. It then presents (...) two cases which are supposed to back up the claim that there is an important distinction here; I also offer some explanations concerning the structure of these cases. Finally, I add further considerations in support of the core thesis, and discuss objections. The distinction is important as such but also has interesting implications concerning the much discussed ‘entailment thesis’ according to which knowledge entails belief. It is argued here that even if knowledge entails belief-for-knowledge, it does not entail belief-as-such. This constitutes an interesting middle position and compromise in the philosophical debate about the entailment thesis. One further implication of this paper is that the discussion about the entailment thesis needs to take degrees of conviction seriously. Still another implication is that epistemic contextualists can deal very well with the relevant phenomena. (shrink)