In February 1994, Stephen Mobley was convicted of the murder of John Collins. Mobley's lawyers attempted to introduce genetic evidence in an attempt to have Mobley's sentence reduced from death to life imprisonment. I examine the prospects for appeal to genetic determinism as a criminal defense. Guided by existing standards for insanity defenses, I argue that a genetic defense might be allowable in exceptional cases but will not be generally available as some have worried.

I criticise a paper by Peter Forrest in which he argues that a principle of unrestricted countable fusion has paradoxical consequences. I argue that the paradoxical consequences that he exhibits may be due to his Whiteheadean assumptions about the nature of spacetime rather than to the principle of unrestricted countable fusion.

The norm of assertion, to be in force, is a social norm. What is the content of our social norm of assertion? Various linguistic arguments purport to show that to assert is to represent oneself as knowing. But to represent oneself as knowing does not entail that assertion is governed by a knowledge norm. At best these linguistic arguments provide indirect support for a knowledge norm. Furthermore, there are alternative, non-normative explanations for the linguistic data (as in recent work from (...) Van Elswyk). Direct arguments would rely on normative judgments about the permissibility or impermissibility of assertions with and without the speaker knowing the content asserted. John Turri's work experimental results purport to show that our norm of assertion is factive, and probably knowledge. But as a number of recent experimentalists (Kneer, Reuter and Broessel, Marsili and Wiegmann) have shown, Turri's results rely on the problemmatic use of 'should' as in 'Maria should assert that she owns a 1990 watch.' Correcting for this, these experimentalists provide strong evidence that our norm of assertion is not factive. The standard reply to evidence like this from the assertion of unlucky falsehoods is the excuse maneuver. But Marsili and Wiegmann, following Turri's protocol for testing for excuse validation, show that participants who judge that assertions unlucky falsehoods are permissible are not guilty of excuse validation. Given our current understanding of the experimental evidence, knowledge is not our norm of assertion. (shrink)

We argue that there is nothing that can do the work that normative reasons are expected to do. A currently popular view is that in any given situation, a set of normative reasons (understood as a set of facts, typically about the agent’s situation) always determines the ways we prospectively should or should not respond. We discuss an example that we think shows no such collection of facts could have this normative significance. A radical response might be to dispense with (...) reasons and explain the facts about the ways we should respond using something else entirely (e.g., expected value). We think a more fruitful approach is to explore the possibility of using decision-theoretic tools in a reasons-centred framework. (shrink)

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

Suppose that it can be right to grant amnesty from criminal and civil liability to those guilty of political crimes in exchange for full disclosure about them. There remains this important question to ask about the proper form that amnesty should take: Which additional burdens, if any, should the state lift from wrongdoers in the wake of according them freedom from judicial liability? I answer this question in the context of a recent South African Constitutional Court case that considered (...) whether an officer having been granted amnesty for apartheid-era killings should be held to mean that the police force may not discharge him on the ground of having been convicted of a serious offence. The Court ruled that, despite amnesty having been granted to the guilty officer, the police force was permitted to discharge him. I distinguish the major ethical reasons the Court gives for its conclusion, which ultimately appeal to the value of national reconciliation, and I argue not only that the reconciliation-based rationales rest on empirical contingencies for which there is little evidence, but also that their logic in fact provides some reason to reject the Court’s conclusion. Then, I sketch an attractive new theory of right action, grounded on salient sub-Saharan values often associated with talk of ‘ubuntu’, that I maintain provides a stronger, unitary foundation for the Court’s key pronouncements. I conclude by discussing some of the broader implications of the moral theory for related matters, such as the rights of victims in the processes leading up to presidential pardons of those who have committed atrocities and the duties of newspapers with regard to the reputations of the latter. (shrink)

Discusses the question of whether trials should just use two verdicts (e.g. guilty or not guilty) or whether they use multiple verdicts.

For Kierkegaard the ‘psychological experiment’ is a literary strategy. It enables him to dramatize an existential conflict in an experimental mode. Kierkegaard’s aim is to study the source of movement that animates the existing individual (this is the psychological part). However, he is not interested in the representation of historical individuals in actual situations, but in the construction of fictional characters that are placed in hypothetical situations; this allows him to set the categories in motion “in order to observe completely (...) undisturbed what these require” without caring to what extent someone has met this requirement or is able to meet it (this is the experimental part). -/- The ‘psychological experiment’ is a category of indirect communication that is developed most extensively by Frater Taciturnus, the pseudonymous author of the third part of Stages on Life’s Way. (I) Taciturnus introduces the psychological experiment as a new trajectory in modern literature that offers an alternative to poetry and speculative drama. He develops this new trajectory in praxis (in the novella ‘“Guilty?”/“Not Guilty?” A Story of Suffering: A Psychological Experiment by Frater Taciturnus’) as well as in theory (in the ‘Letter to the Reader’ that accompanies his novella). (II) Two other pseudonymous authors further enrich the conceptual field of the psychological experiment. Constantin Constantius develops the notion ‘experimenting psychology’; Johannes Climacus reflects on the reader’s contemporaneity with the character. (shrink)

In a very literarily complicated setting, Frater Taciturnus sets a remark about Hamlet not being a Christian tragedy. After unpeeling that literary setting and noting that Taciturnus' remark aims more at Jacob Börne than at Shakespeare, the paper shows how Frater Taciturnus' remark calls into question the religious project of a certain danish author. For, Taciturnus' primary concern is to show that religious drama is not possible, or at least "ought not be." This general law applies to Hamlet as well, (...) and if Shakespeare was attempting a religious drama he a) shouldn't have because such a thing is essentially undramatizable, and b) failed because he did not begin (which would be possible) by showing the hero's religious presuppositions. Frater Taciturnus himself has given considerable thought to the extent and the manner in which the religious can be represented; in fact the letter to the reader is his proof of how perfectly his own narrative, "Guilty/Not Guilty," was constructed with precisely these problems in mind. The play is not the thing that Taciturnus is really interested in, nor is he interested in the playwright's intentions, he considers that the play's the thing that catches out Börne's misunderstanding of the religious, and it is this field—in particular, that area where the religious life and literary art intersect, that is the brother's interest and forte. But if Taciturnus is correct in his criticism of Börne, it should be impossible for S. Kierkegaard to produce a religious authorship as well. (shrink)

Suppose you are at the gym trying to see some naked beauties by peeping through a hole in the wall. A policeman happens by, he asks you what you are doing, and you honestly tell him. He then arrests you for voyeurism. Are you guilty? We don’t know yet because there is one more fact to be considered: while you honestly thought that a locker room was on the other side of the wall, it was actually a squash court. (...) Are you guilty now? -/- Probably. You might argue that your scopophiliac ambition was impossible to satisfy given that you were peeping into a squash court, not a locker room. But this “Impossibility Defense” would fail because most jurisdictions follow the very influential Model Penal Code (MPC), which says that what is important about attempt is not the likelihood of success but rather what was going on in your head. You tried to peer into a locker room with the intention of seeing some nudity; that is enough for culpability. The fact that you were mistaken about the location does not exonerate you. -/- But now suppose that the particular jurisdiction you are in does not criminalize voyeurism. While most people think that voyeurism is just plain wrong, if not disgusting, the legislature just never got around to drafting a statute against it. Are you guilty now? The answer is no. But you might just be out of luck and convicted anyway. -/- The reason for this strange conclusion is that most jurisdictions have followed the Model Penal Code in yet another respect: along with the MPC’s “subjectivist” emphasis on what is in your head, they have followed the MPC’s lead in abolishing the Impossibility Defense entirely. As a result, people who believe that they are breaking laws when they really are not may still be subject to arrest, prosecution, and conviction respectively by police, prosecutors, and judges/juries merely if all three parties regard your conduct — especially your trying to violate a law that you mistakenly believed in — as morally reprehensible. The best, if not only, defense against this charge is the Impossibility Defense, but — again — most jurisdictions have decided to make this defense unavailable to defendants. -/- Depriving eligible defendants of the Impossibility Defense is unjust. It violates one of the most basic principles of criminal justice: the legality principle. The legality principle says that there cannot be just punishment without a crime, and there should not be a crime without an explicit law designating it as such. So you cannot be charged with, and convicted of, attempted voyeurism if voyeurism, reprehensible as it may be, was not explicitly prohibited at the time that you made the attempt. -/- If we believe in the legality principle, then we must restore the Impossibility Defense. Without the latter, too many defendants are being — and will continue to be — punished for attempts to perform acts that were not themselves illegal but which various parties in the criminal justice system (except the legislature) thought should be illegal based on their extralegal, moral prejudices. -/- In addition to the MPC, the principal obstacle to resurrecting the Impossibility Defense is a good deal of conceptual confusion that permeates relevant cases and scholarship. Too many courts and academics have conflated “factual impossibility” with “legal impossibility” and have fallaciously inferred “hybrid impossibility” from “hybrid mistakes” (that is, legal mistakes that derive from factual mistakes). One of the principal goals of this Article, then, is to clear up all of this confusion. I will explicate in the simplest possible terms (a) the difference between factual impossibility and legal impossibility, (b) why only legal impossibility qualifies as exculpatory, and (c) why hybrid impossibility simply does not exist. (shrink)

Addressing concerns about the treatment of psychopaths, Grant Gillett and Flora Huang (2013) argue that we ought to accept a relational or holistic view of psychopathy and APSD rather than the default biomedical-deficit model since the latter “obscures moral truths about the psychopath”. This change in approach to the psychopath will both mitigate at least some of their moral responsibility for the harms they cause, and force communities to incur special obligations, so they claim, because the harms endured by psychopaths (...) will be understood as part of the cause for the harms they are guilty of committing. However, as I will argue, even if we accept that a relational or holistic approach is better suited to understand psychopathy (which is itself contentious), it does not follow that their responsibility is mitigated in a way that causes communities to have special obligations to them as Gillett and Huang suggest. A diagnosis of APSD or psychopathy does not, prima facie, exculpate an agent or suggest a different way of treating them. My discussion will focus on the widely accepted excusing conditions one must meet for responsibility to me mitigated and conclude, contra Gillett and Huang, that psychopaths are no different from you or I with regards to having a causal history that leads to action. Outside forces play a role in all of our behavior. If the psychopath is owed anything because of the way they have come to understand the world then we all are owed that same debt. (shrink)

It is widely accepted that there is what has been called a non-hypocrisy norm on the appropriateness of moral blame; roughly, one has standing to blame only if one is not guilty of the very offence one seeks to criticize. Our acceptance of this norm is embodied in the common retort to criticism, “Who are you to blame me?”. But there is a paradox lurking behind this commonplace norm. If it is always inappropriate for x to blame y for (...) a wrong that x has committed, then all cases in which x blames x (i.e. cases of self-blame) are rendered inappropriate. But it seems to be ethical common-sense that we are often, sadly, in position (indeed, excellent, privileged position) to blame ourselves for our own moral failings. And thus we have a paradox: a conflict between the inappropriateness of hypocritical blame, and the appropriateness of self-blame. We consider several ways of resolving the paradox, and contend none is as defensible as a position that simply accepts it: we should never blame ourselves. In defending this startling position, we defend a crucial distinction between self-blame and guilt. (shrink)

Consider the idea that suffering of some specific kind is deserved by those who are guilty of moral wrongdoing. Feeling guilty is a prime example. It might be said that it is noninstrumentally good that one who is guilty feel guilty (at the right time and to the right degree), or that feeling guilty (at the right time and to the right degree) is apt or fitting for one who is guilty. Each of these (...) claims constitutes an interesting thesis about desert, given certain understandings of what desert is. After examining these claims, the paper briefly explores the idea that an offender might deserve certain forms of treatment by others. The paper concludes by contrasting the modest theses on which it focuses with a far bolder one, to the effect that if we are morally responsible, then it makes sense to suppose that some of us might deserve to suffer eternal torment. The more modest theses do not commit one to anything of this sort. (shrink)

In this essay I suggest that Heidegger’s Being and Time provides a ground for ethics in the notion of Dasein’s ‘Being-guilty.’ Being-guilty is not a ground for ethics in the sense of a demonstration of the moral ‘ought’ or a refutation of moral skepticism. Rather, Being-guilty serves as a foundation for ethical life in a way uniquely suited to a phenomenological form of ethics, a way that clarifies, from a phenomenological point of view, why the traditional approach (...) to ethics is misguided. The traditional attempt to ground ethics through demonstration or refutation depends upon a misunderstanding of obligation as an imposition that is distinct from, and inflicted upon, the subject in a way that is in need of justification. Heidegger’s conception of Being-guilty, on the contrary, identifies the basis of moral obligation in a form of primary selfobligation that is constitutive of human nature, rather than an imposition upon it. Although primordial guilt or self-obligation does not justify ethical obligation, it does ‘ground’ ethics. For it is the primary source and support of our ethical activity in two distinct senses. First, it serves as the condition for the possibility of our indebtedness to others—it enables us to be morally obligated. It enables moral obligation towards others by determining Dasein as ontologically indebted to care for its own being—a being which is, in turn, ontologically determined as care for others. Second, Being-guilty provides a criterion for distinguishing what we call ethical and unethical behavior. Ethical behavior is distinguished according to the appropriateness of one’s care for the other according to proper recognition of the nature of the Other’s Being as Dasein. (shrink)

Under the independence and competence assumptions of Condorcet’s classical jury model, the probability of a correct majority decision converges to certainty as the jury size increases, a seemingly unrealistic result. Using Bayesian networks, we argue that the model’s independence assumption requires that the state of the world (guilty or not guilty) is the latest common cause of all jurors’ votes. But often – arguably in all courtroom cases and in many expert panels – the latest such common cause (...) is a shared ‘body of evidence’ observed by the jurors. In the corresponding Bayesian network, the votes are direct descendants not of the state of the world, but of the body of evidence, which in turn is a direct descendant of the state of the world. We develop a model of jury decisions based on this Bayesian network. Our model permits the possibility of misleading evidence, even for a maximally competent observer, which cannot easily be accommodated in the classical model. We prove that (i) the probability of a correct majority verdict converges to the probability that the body of evidence is not misleading, a value typically below 1; (ii) depending on the required threshold of ‘no reasonable doubt’, it may be impossible, even in an arbitrarily large jury, to establish guilt of a defendant ‘beyond any reasonable doubt’. (shrink)

This paper begins with a brief summary of the Self-consciousness Argument, developed in the author’s paper “Self-consciousness.” (This argument is designed to refute the extant versions of functionalism -- American functionalism, Australian functionalism, and language-of-thought functionalism.) After this summary is given, two thesis are defended. The first is that the Self-consciousness Argument is not guilty of a Fregean equivocation regarding embedded occurrences of mental predicates, as has been suggested by many commentators, including Mark McCullagh. The second thesis is that (...) the Self-consciousness Argument cannot be avoided by weakening the psychological theory upon which Ramsified functional definitions are based. Specifically, it does no good to excise psychological principles involving embedded mental predicates. Why? Because functional definitions based on the resulting sparse theories are exposed to an interesting new family of counterexamples. (shrink)

This is a thesis in support of the conceptual yoking of analytic truth to a priori knowledge. My approach is a semantic one; the primary subject matter throughout the thesis is linguistic objects, such as propositions or sentences. I evaluate arguments, and also forward my own, about how such linguistic objects’ truth is determined, how their meaning is fixed and how we, respectively, know the conditions under which their truth and meaning are obtained. The strategy is to make explicit what (...) is distinctive about analytic truths. The objective is to show that truths, known a priori, are trivial in a highly circumscribed way. My arguments are premised on a language-relative account of analytic truth. The language relative account which underwrites much of what I do has two central tenets: 1. Conventionalism about truth and, 2. Non-factualism about meaning. I argue that one decisive way of establishing conventionalism and non-factualism is to prioritise epistemological questions. Once it is established that some truths are not known empirically an account of truth must follow which precludes factual truths being known non-empirically. The function of Part 1 is, chiefly, to render Carnap’s language-relative account of analytic truth. I do not offer arguments in support of Carnap at this stage, but throughout Parts 2 and 3, by looking at more current literature on a priori knowledge and analytic truth, it becomes quickly evident that I take Carnap to be correct, and why. In order to illustrate the extent to which Carnap’s account is conventionalist and non-factualist I pose his arguments against those of his predecessors, Kant and Frege. Part 1 is a lightly retrospective background to the concepts of ‘analytic’ and ‘a priori’. The strategy therein is more mercenary than exegetical: I select the parts from Kant and Frege most relevant to Carnap’s eventual reaction to them. Hereby I give the reasons why Carnap foregoes a factual and objective basis for logical truth. The upshot of this is an account of analytic truth (i.e. logical truth, to him) which ensures its trivial nature. In opposition to accounts of a priori knowledge, which describe it as knowledge gained from rational apprehension, I argue that it is either knowledge from logical deduction or knowledge of stipulations. I therefore reject, in Part 2, three epistemologies for knowing linguistic conventions (e.g. implicit definitions): 1. intuition, 2. inferential a priori knowledge and, 3. a posteriori knowledge. At base, all three epistemologies are rejected because they are incompatible with conventionalism and non-factualism. I argue this point by signalling that such accounts of knowledge yield unsubstantiated second-order claims and/or they render the relevant linguistic conventions epistemically arrogant. For a convention to be arrogant it must be stipulated to be true. The stipulation is then considered arrogant when its meaning cannot be fixed, and its truth cannot be determined without empirical ‘work’. Once a working explication of ‘a priori’ has been given, partially in Part 1 (as inferential) and then in Part 2 (as non-inferential) I look, in Part 3, at an apriorist account of analytic truth, which, I argue, renders analytic truth non-trivial. The particular subject matter here is the implicit definitions of logical terms. The opposition’s argument holds that logical truths are known a priori (this is part of their identification criteria) and that their meaning is factually based. From here it follows that analytic truth, being determined by factually based meaning, is also factual. I oppose these arguments by exposing the internal inconsistencies; that implicit definition is premised on the arbitrary stipulation of truth which is inconsistent with saying that there are facts which determine the same truth. In doing so, I endorse the standard irrealist position about implicit definition and analytic truth (along with the “early friends of implicit definition” such as Wittgenstein and Carnap). What is it that I am trying to get at by doing all of the abovementioned? Here is a very abstracted explanation. The unmitigated realism of the rationalists of old, e.g. Plato, Descartes, Kant, have stoically borne the brunt of the allegation of yielding ‘synthetic a priori’ claims. The anti-rationalist phase of this accusation I am most interested in is that forwarded by the semantically driven empiricism of the early 20th century. It is here that the charge of the ‘synthetic a priori’ really takes hold. Since then new methods and accusatory terms are employed by, chiefly, non-realist positions. I plan to give these proper attention in due course. However, it seems to me that the reframing of the debate in these new terms has also created the illusion that current philosophical realism, whether naturalistic realism, realism in science, realism in logic and mathematics, is somehow not guilty of the same epistemological and semantic charges levelled against Plato, Descartes and Kant. It is of interest to me that in, particularly, current analytic philosophy (given its rationale) realism in many areas seems to escape the accusation of yielding synthetic priori claims. Yet yielding synthetic a priori claims is something which realism so easily falls prey to. Perhaps this is a function of the fact that the phrase, ‘synthetic a priori’, used as an allegation, is now outmoded. This thesis is nothing other than an indictment of metaphysics, or speculative philosophy (this being the crime), brought against a specific selection of realist arguments. I, therefore, ask of my reader to see my explicit, and perhaps outmoded, charge of the ‘synthetic a priori’ levelled against respective theorists as an attempt to draw a direct comparison with the speculative metaphysics so many analytic philosophers now love to hate. I think the phrase ‘synthetic a priori’ still does a lot of work in this regard, precisely because so many current theorists wrongly think they are immune to this charge. Consequently, I shall say much about what is not permitted. Such is, I suppose, the nature of arguing ‘against’ something. I’ll argue that it is not permitted to be a factualist about logical principles and say that they are known a priori. I’ll argue that it is not permitted to say linguistic conventions are a posteriori, when there is a complete failure in locating such a posteriori conventions. Both such philosophical claims are candidates for the synthetic a priori, for unmitigated rationalism. But on the positive side, we now have these two assets: Firstly, I do not ask us to abandon any of the linguistic practises discussed; merely to adopt the correct attitude towards them. For instance, where we use the laws of logic, let us remember that there are no known/knowable facts about logic. These laws are therefore, to the best of our knowledge, conventions not dissimilar to the rules of a game. And, secondly, once we pass sentence on knowing, a priori, anything but trivial truths we shall have at our disposal the sharpest of philosophical tools. A tool which can only proffer a better brand of empiricism. (shrink)

Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he (...) didn’t? -/- This Article will argue for three points. First, what fuels this kind of outrage is vengeance: the desire to see defendants like George Zimmerman be forced to “pay” for the harms that they needlessly and culpably inflict on others. While this point may seem obvious, it isn’t. Most people repudiate revenge and therefore the notion that it plays any role in the criminal justice system. -/- Second, this attitude toward revenge is misguided and needs to change. We need to recognize that vengeance not only does but should play a significant role in motivating criminal punishment. Our vengeful reactions to harmful crimes are not ugly or shameful; on the contrary, they manifest a deep valuation of victims and a bitter denunciation of individuals who actively renounce this valuation through their criminal behavior. -/- Third, these two points have significant implications for the two main theories of criminal punishment: “retributivism,” which says that criminals should be punished in order to give them their “just deserts,” and “consequentialism,” which says that criminals should be punished in order to bring about such good consequences as deterrence, incapacitation, and rehabilitation. Traditionally, these two theories have been at war with one another. But I will show how recognizing revenge as a motivation and justification for punishment can help to end this war and bring these two theories together. (shrink)

Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal. This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards of proof (...) and considers what justifies them. Second, it discusses whether we should use different standards in different cases. Third, it asks whether trials should end only in binary outcomes (e.g. guilty or not guilty) or rather use more fine-grained or precise verdicts. Fourth, it considers whether proof is simply about probability, concentrating on the famous 'Proof Paradox'. Finally, it examines who should be trusted with deciding trials, focusing on the jury system. (shrink)

This essay exemplifies a cognitive approach to literary and film studies, with particular emphasis on fictional reimagining of legal institutions. It draws on research of cognitive scientists who study metacognition—specifically, the difference between reflective and intuitive beliefs—to suggest that courtroom dramas, such as Billy Wilder’s Witness for the Prosecution (1957), can manipulate their viewers into believing something that they, on some level, know cannot be true. In this case, viewers accept the not guilty verdict by the jury even though (...) “the facts in the case” are “simple” and point to the guilt of the defendant. I show how different versions of Witness for the Prosecution—from Agatha Christie’s original short story (1925) and her subsequent play based on that story (1953), to the Hollywood film (1957), and the BBC mini-series (2016)—trigger our reflective beliefs about the defendant’s innocence, so that we find the verdict satisfying (at least for a short while). I conclude by considering literary payoffs of this manipulation, especially in the context of a culture that subscribes to a view of the mind as, in principle, knowable, and thus readable by skillful others. (shrink)

This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both (...) concepts were considered to be more or less interchangeable. But there is a growing movement, which I refer to as "responsibility skepticism," which maintains that moral responsibility is either physically or metaphysically impossible. If the responsibility skeptics are right (that moral responsibility is impossible), then what are the implications for criminal responsibility and just criminal punishment? Should we abandon these as well? Or can they survive without moral responsibility? I try to answer these questions. -/- The third part addresses social causation. The criminal justice system tends to be "dispositionalist"; it tends, that is, to assume that criminal responsibility resides entirely within the defendant. Dispositionalism, however, overlooks the fact that who we are and what we do are significantly determined by environmental influences. I then try to show that this "situationist" alternative to dispositionalism should not radically alter our approach to criminal punishment. -/- The final part briefly discusses the difficulty in evaluating criminal responsibility when the defendant is both an offender and a victim - especially when the defendant is an offender *because* of his victimization. (shrink)

There are two competing theoretical frameworks with which cognitive sciences examines how people reason. These frameworks are broadly categorized into logic and probability. This paper reports two applied experiments to test which framework explains better how people reason about evidence in criminal cases. Logical frameworks predict that people derive conclusions from the presented evidence to endorse an absolute value of certainty such as ‘guilty’ or ‘not guilty’ (e.g., Johnson-Laird, 1999). But probabilistic frameworks predict that people derive conclusions from (...) the presented evidence in order that they may use knowledge of prior instances to endorse a conclusion of guilt which varies in certainty (e.g., Tenenbaum, Griffiths, & Kemp, 2006). Experiment 1 showed that reasoning about evidence of prior instances, such as disclosed prior convictions, affected participants’ underlying ratings of guilt. Participants’ guilt ratings increased in certainty according to the number of disclosed prior convictions. Experiment 2 showed that participants’ reasoning about evidence of prior convictions and some forensic evidence tended to lead participants to endorse biased ‘guilty’ verdicts when rationally the evidence does not prove guilt. Both results are predicted by probabilistic frameworks. The paper considers the implications for logical and probabilistic frameworks for reasoning in the real world. (shrink)

According to the results of 162 respondents survey, the affective and cognitive components of feelings of guilt in the space of Ukrainians’ collective consciousness were described. This space is complex, but poorly structured, capable of appearing and spreading little understood defensive assessments and attitudes. -/- The content of relevant processes recorded the following trends: undifferentiated feelings of guilt, general self-accusations, accusations of Ukrainians themselves for historical failures, shame for Ukrainians’ violence, readiness to recognize or not to recognize Ukrainians’ guilties, accusations (...) of Ukrainian powers of different periods, denunciation of Soviet power, Ukrainians’ feelings to be innocent victims of Russia, the avoidance of political guilt. -/- In defining of the perpetrators of Ukrainian historical miseries the agents of Russian-Soviet influences and the Ukrainian authorities of various times unconditionally dominate. Psychologically more problematic is the sphere of recognition / non-recognition by Ukrainians of their own faults. One can speak of the presence of a basic affective background – the experience of undifferentiated feelings of guilt. -/- The Ukrainians’ consciousness is characterized by two main emotional-value positions: denialdefensive (we are not guilty of anyone) and avoiding-defensive (we are only guilty of ourselves). The opposite self-accusatory position (we are guilty of others and should ask them for forgiveness) has a relatively small share. -/- The denial-defensive position essentially correlates with the narcissistic Ukrainian identity. The avoiding-defensive position reflects the conciliatory Ukrainian identity. Recognizing the historical blames of Ukrainians and a need to apologize concerns the representatives of humanistic Ukrainian identity. It means understanding the real state of affairs without illusory idealization, the ability to profoundly experience one’s involvement in the Ukrainian world, and the willingness to assume moral responsibility for the sins of the past. (shrink)

Juha Raikka argues against disassociation from collective responsibility based on a premise of logical inconsistency insofar as the conclusion ‘one is not guilty’ does not necessarily follow from the premise that ‘everyone is guilty.’ Raikka builds his case on a fictionalized national, ethnic, or cultural group that participates in human sacrifices for the sake of ‘medical reasons’ or human health. He concedes that this fictionalized group bears an uncanny resemblance to Western society and their proposed collective responsibility for (...) practices ranging from (A) foreign conflicts to (B) Environmental pollution and (C) overconsumption of “third world” foreign natural resources. Arguably, these practices could be parsed as exercises conducive or equal to ‘human sacrifices’. Our discussion here will be all but entirely subsumed by (C). (shrink)

In some cases, there appears to be an asymmetry in the evidential value of statistical and more individualized evidence. For example, while I may accept that Alex is guilty based on eyewitness testimony that is 80% likely to be accurate, it does not seem permissible to do so based on the fact that 80% of a group that Alex is a member of are guilty. In this paper I suggest that rather than reflecting a deep defect in statistical (...) evidence, this asymmetry might arise from a general constraint on rational inquiry. Plausibly the degree of evidential support needed to justify taking a proposition to be true depends on the stakes of error. While relying on statistical evidence plausibly raises the stakes by introducing new kinds of risk to members of the reference class, paradigmatically `individualized' evidence---evidence tracing back to A's voluntary behavior---can lower the stakes. The net result explains the apparent evidential asymmetry without positing a deep difference in the brute justificatory power of different types of evidence. (shrink)

It is often assumed that we are only blameworthy for that over which we have control. In recent years, however, several philosophers have argued that we can be blameworthy for occurrences that appear to be outside our control, such as attitudes, beliefs and omissions. This has prompted the question of why control should be a condition on blameworthiness. This paper aims at defending the control condition by developing a new conception of blameworthiness: To be blameworthy, I argue, is most fundamentally (...) to deserve to feel guilty. Being blamed by someone else is not necessarily harmful to the wrongdoer. The blame might not be expressed, or the wrongdoer might not care. But to blame oneself necessarily involves suffering. This conception of blameworthiness explains why the control condition should obtain: We are morally blameworthy for A only if A was under our control because to be blameworthy is to deserve to feel guilty, to feel guilty is to suffer, and one deserves to suffer for A only if A was under one’s control. (shrink)

Accomplice liability makes someone guilty of a crime he never committed, so long as he helped or influenced the perpetrator and did so with the required mens rea. Just what that mens rea should be has been contested for more than a century. Here I consider three major approaches and find them all wanting. I propose rejecting their common (but rarely questioned) assumption that what matters is the helper’s mental state toward the perpetrator’s commission of an offense. I suggest (...) considering instead his stance toward the perpetrator’s intention to act: a helper is an accomplice, on this view, if he (a) intends to see to it that the principal form or keep his own plan to commit an offense and (b) does not intend or expect that plan’s frustration. This standard better justifies imposing accomplice liability. It more precisely picks out those helpers culpable for the perpetrator’s very offense. And this parity of guilt is the best—perhaps the only good—basis for imposing the same liability on accomplice and principal, in a system so retribution-driven as to choose to do so at all. (shrink)

The Case of Jim: Jim was arrested arriving at the house of an unattended minor, having brought with him some alcoholic drinks, condoms, and an overnight bag. Records of online conversations Jim was having with the minor give the court strong evidence that the purpose of this meet-up was to engage in sexual relations with the minor. In the course of searching his home computer, investigators also found child pornography. Jim was charged with intent to sexually abuse a child and (...) possession of child pornography. He was given due process, and convicted, by a jury of his peers, on both counts. This is not the first time that Jim has been convicted of a sexual offence. He had been found guilty of possession of child pornography in the past, and served time for it. What should we do with Jim? (shrink)

The new Coronavirus, namely Sars-CoV-2, took the world by surprise and grew into a pandemic worldwide in a couple of months since the beginning of 2020. It managed to lockdown at home almost half of the world population under the threat of illness and sudden death. Due to the extreme medical advises of containing the spread and damages of this threat, mostly directed towards social distancing, public gatherings cancelation, and contact tracing, each State imposed such regulations to their people and (...) for all areas of social activity, including the religious ones. This articles analyses four topics: 1. Restrictions imposed by the State and reactions by religious organizations. The theological-ethical response focused on the fact that all religions what to save lives and defeat death. 2. The pandemic shows the sensitive relation between the State and religions and shows the differences in power relations in the different countries. The theological-ethical response calls for a partnership between the State and the religions in their territory. 3. The relation between science and religion is tested during the pandemic. Whereas the majority of believers adhere to scientific results, a good part refuses scientific knowledge. The theological-ethical response of the authors is that science and religion are complementary and not contradictory. 4. Pandemics as situations of high uncertainty are often accompanied by conspiracy theories that claim to know who is guilty for the disaster, who is the scapegoat, which has to be punished. The theological-ethical response gives theological reasons to say no to conspiracies and scapegoats and yes to take responsibility wherever we are in order to save lives. (shrink)

In his account of the Persian Wars, the 5th century historian Herodotus reports an exchange between the Persian monarch Xerxes and a deposed Spartan king, Demaratus, who became what Lattimore later classified as a “tragic warner” to Xerxes. On the eve of the battle of Thermopylae, Xerxes asks how a small number of free Spartiates can stand up against the massive ranks of soldiers that Xerxes has assembled. Herodotus has Demaratus reply: So is it with the Lacedaemonians; fighting singly they (...) are as brave as any man living, and together they are the best warriors on earth. Free they are, yet not wholly free; for law is their master (ἐλεύθεροι γὰρ ἐόντες οὐ πάντα ἐλεύθεροι εἰσί· ἔπεστι γάρ σφι δεσπότης νόμος), whom they fear much more than your men fear you. This is my proof—what their law bids them, that they do; and its bidding is ever the same, that they must never flee from the battle before whatsoever odds, but abide at their post and there conquer or die. (Hdt. 7.104) As the outcome of Thermopylae makes clear, Demaratus is hardly guilty of boasting. But Greek political theorists were not only fascinated by the Spartans who fought at the battle of Thermopylae in 480; they also wondered how slightly more than a century later Sparta was ignobly defeated by Thebes at the battle of Leuctra in 371, after which Spartan hegemony collapsed. How did Sparta field citizen-soldiers in the 5th century who were without parallel in their bravery and military prowess? And why did Sparta, predominantly under the same political organization, collapse just over a century later? Such are the main questions that Xenophon, Plato, Aristotle, and Plutarch—what Cartledge (1999, 313–14) has characterized as “political-theoretical” laconophiles—seek to answer in their writings about Sparta. (shrink)

It is commonly assumed that blameworthiness is epistemically constrained. If one lacks sufficient epistemic access to the fact that some action harms another, then one cannot be blamed for harming. Acceptance of an epistemic condition for blameworthiness can give rise to a worry, however: could agents ever successfully evade blameworthiness by deliberately stunting their epistemic position? I discuss a particularly worrisome version of such epistemic shirking, in which agents pre-emptively seek to avoid access to potentially morally relevant facts. As Roy (...) Sorensen and Jan Willem Wieland have argued, we seem to be faced with a potentially troubling regress when trying to explain what goes wrong in such situations. I argue that the solution to this so-called Shirker Problem is not to be found in complicated and demanding anti-shirking-principles with universal scope and potentially self-reflexive content. Instead, careful consideration of the necessary motivational make-up of genuine shirkers reveals their ignorance to lack the necessary depth to be exculpatory. Since shirkers by definition react to the possibility of the revelation of morally relevant facts with acts of epistemic self-limitation, they necessarily prove guilty of a form of culpable moral recklessness. Epistemic shirking thus does not pose a worrisome problem for ethical theory. (shrink)

A coherent practice of mens rea (‘guilty mind’) ascription in criminal law presupposes a concept of mens rea which is insensitive to the moral valence of an action’s outcome. For instance, an assessment of whether an agent harmed another person intentionally should be unaffected by the severity of harm done. Ascriptions of intentionality made by laypeople, however, are subject to a strong outcome bias. As demonstrated by the Knobe effect, a knowingly incurred negative side effect is standardly judged intentional, (...) whereas a positive side effect is not. We report the first empirical investigation into intentionality ascriptions made by professional judges, which finds (i) that professionals are sensitive to the moral valence of outcome type, and (ii) that the worse the outcome, the higher the propensity to ascribe intentionality. The data shows the intentionality ascriptions of professional judges to be inconsistent with the concept of mens rea supposedly at the foundation of criminal law. (shrink)

The proof paradox results from conflicting intuitions concerning different types of fallible evidence in a court of law. We accept fallible individual evidence but reject fallible statistical evidence even when the conditional probability that the defendant is guilty given the evidence is the same, a seeming inconsistency. This paper defends a solution to the proof paradox, building on a sensitivity account of checking and settling a question. The proposed sensitivity account of legal proof not only requires sensitivity simpliciter but (...) sensitivity of each relevant step of the proof procedure and/or sensitivity concerning all relevant alternatives. This account avoids problems that have been identified for other sensitivity views of legal proof. Moreover, it is argued that sensitivity, rather than safety, is the crucial modal condition for legal proof. It is, finally, shown that the provided account can fruitfully support very different existing views on the relationship between knowledge and legal proof. (shrink)

In this article, I argue that arguments from the history of science against scientific realism, like the arguments advanced by P. Kyle Stanford and Peter Vickers, are fallacious. The so-called Old Induction, like Vickers's, and New Induction, like Stanford's, are both guilty of confirmation bias—specifically, of cherry-picking evidence that allegedly challenges scientific realism while ignoring evidence to the contrary. I also show that the historical episodes that Stanford adduces in support of his New Induction are indeterminate between a pessimistic (...) and an optimistic interpretation. For these reasons, these arguments are fallacious, and thus do not pose a serious challenge to scientific realism. (shrink)

Various strands of religious thought distinguish veneration from worship. According to these traditions, believers ought to worship God alone. To worship anything else, they say, is idolatry. And yet many of these same believers also claim to venerate—but not worship—saints, angels, images, relics, tombs, and even each other. But what's the difference? Tim Bayne and Yujin Nagasawa (2006: 302) are correct that “it seems to be extremely difficult to distinguish veneration from worship.” Many have argued throughout history that veneration collapses (...) into worship and that those who venerate saints or icons are guilty of idolatry. In this essay, we distinguish worship from veneration in two stages. First, we give a formal account of their difference. Drawing from St. John of Damascus (c. 675-749 AD), we argue that worship is a determinate of the determinable veneration. Second, we give more substantive accounts of both that explain their differences and similarities. Drawing again from St John, we argue that acts of veneration and worship signify subordination. Their difference, however, lies in the fact that worship alone requires absolute subordination. (shrink)

Some argue that procreation is immoral due to its negative environmental impact. Since living an “eco-gluttonous” lifestyle of excessive resource consumption is wrong in virtue of the fact that it increases greenhouse gas emissions and environmental impact, then bringing another human being into existence must also be wrong, for exactly this same reason. I support this position. It has recently been the subject of criticism, however, primarily on the grounds that such a position (1) is guilty of “double-counting” environmental (...) impacts, and (2) that it over-generalizes to condemn other clearly permissible behaviors, such as saving lives, or certain instances of adoption and immigration. Here, I will defend the environmental argument against procreation from these criticisms. I will do this, first, under the assumption that our individual consumption and emissions cause significant harm. I will then address the problem of causal impotence, and argue that, even if our individual contributions to environmental problems ultimately make no difference to the amount of harm that occurs, procreation is still immoral for many, if not most, of those living in the developed world. (shrink)

Responsibility as accountability is normally taken to have stricter control conditions than responsibility as attributability. A common way to argue for this claim is to point to differences in the harmfulness of blame involved in these different kinds of responsibility. This paper argues that this explanation does not work once we shift our focus from other-directed blame to self-blame. To blame oneself in the accountability sense is to feel guilt and feeling guilty is to suffer. To blame oneself in (...) the attributability sense, it will be argued, is to feel shame and feeling shame is also to suffer. The different control conditions cannot be explained by a difference in the harm of blame. Instead, this paper argues that accountability and attributability are governed by different kinds of appropriateness: an agent S is accountability blameworthy for X only if S deserves to feel guilty; an agent S is attributability blameworthy for X only if it is fitting that S feels shame for X. (shrink)

[This download includes the table of contents and chapter 1.] -/- When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a (...) defendant on trial for murder were found to have serious brain damage, which brain parts or processes would have to be damaged for him to be considered not responsible, or less responsible, for the crime? The authors argue that evidence from neuroscience and the other cognitive sciences can illuminate the nature of responsibility and agency. They go on to offer a novel and comprehensive neuroscientific theory of human responsibility. (shrink)

The central claim of my paper is that pragmatics has a wider scope of application than has been generally appreciated. In particular, I will argue that many discussions of pragmatics are guilty of a problematic form of provincialism. The provincialism at issue restricts the class of target systems of study to those involving groups of developmentally typical humans (or slightly idealized versions thereof), either explicitly as a matter of principle or implicitly as consequence of how it construes the underlying (...) pragmatic notions. In what follows, I will argue that this kind of provincialism is problematic because there are patterns of non-human animal social interaction that cannot be properly explained without recourse to the theoretical tool-kit of pragmatics. Crucially, rejecting provincialism about pragmatics does not entail that there are not important theoretical differences between human and non-human systems of pragmatics. It does, however, require that our core philosophical theories of social interaction and communication be centered on features independent not merely of those at work in human languages but also of uniquely human features of cognition and sociality more generally. (shrink)

The standard of proof in criminal trials in many liberal democracies is proof beyond a reasonable doubt, the BARD standard. It is customary to describe it, when putting a number on it, as requiring that the fact finder be at least 90% certain, after considering the evidence, that the defendant is guilty. Strikingly, no good reason has yet been offered in defense of using that standard. A number of non-consequentialist justifications that aim to support an even higher standard have (...) been offered; all are morally unsound. Meanwhile, consequentialist arguments plausibly support a substantially lower standard — in some cases so low as to undermine the idea that punishment is what is at stake. In this paper, I offer a new retributive justification that supports excluding the instrumental benefits of punishment from the balance that sets the standard. The resulting balance supports a standard arguably in the ballpark of the customary understanding of BARD: a standard requiring that the fact finder have a high, though not maximally high, degree of confidence that the defendant is guilty. (shrink)

Blame abounds in our everyday lives, perhaps no more so than on social media. With the rise of social networking platforms, we have access to more information about others’ blameworthy behaviour and larger audiences to whom we can express our blame. But these audiences, while large, are typically not diverse. Social media tends to create what I call “blame bubbles”: systems in which expressions of blame are shared amongst agents with similar moral outlooks while dissenting views are excluded. Many have (...) criticised the blame expressed on social media, arguing that it is often unfitting, excessive, and counterproductive. In this talk, I’ll argue that while blame bubbles can be guilty of these charges, they are also well placed to do important moral work. I’ll then attempt to identify the causal source of these bad-making features and explore potential structural interventions that can make blame bubbles better at performing their moral function and less likely to generate harmful consequences. (shrink)

Reductive representationalism is the view that the qualitative properties associated with conscious experience are properties of the objects of the experience, and not of the experience itself. A prima facie problem for this view arises from dreams and hallucinations, in which qualitative properties are experienced but not instantiated in external objects of perception. I argue that representationalist attempts to solve it by appeal to actually uninstantiated properties are guilty of an absurdity akin to that which Ryle accused Descartes of (...) in the latter’s doctrine of immaterial substance. (shrink)

Unlike in physics, the category of thought experiment is not very common in biology. At least there are no classic examples that are as important and as well-known as the most famous thought experiments in physics, such as Galileo’s, Maxwell’s or Einstein’s. The reasons for this are far from obvious; maybe it has to do with the fact that modern biology for the most part sees itself as a thoroughly empirical discipline that engages either in real natural history or in (...) experimenting on real organisms rather than fictive ones. While theoretical biology does exist and is recognized as part of biology, its role within biology appears to be more marginal than the role of theoretical physics within physics. It could be that this marginality of theory also affects thought experiments as sources of theoretical knowledge. Of course, none of this provides a sufficient reason for thinking that thought experiments are really unimportant in biology. It is quite possible that the common perception of this matter is wrong and that there are important theoretical considerations in biology, past or present, that deserve the title of thought experiment just as much as the standard examples from physics. Some such considerations may even be widely known and considered to be important, but were not recognized as thought experiments. In fact, as we shall see, there are reasons for thinking that what is arguably the single most important biological work ever, Charles Darwin’s On the Origin of Species, contains a number of thought experiments. There are also more recent examples both in evolutionary and non-evolutionary biology, as we will show. Part of the problem in identifying positive examples in the history of biology is the lack of agreement as to what exactly a thought experiment is. Even worse, there may not be more than a family resemblance that unifies this epistemic category. We take it that classical thought experiments show the following characteristics: They serve directly or indirectly in the non-empirical epistemic evaluation of theoretical propositions, explanations or hypotheses. Thought experiments somehow appeal to the imagination. They involve hypothetical scenarios, which may or may not be fictive. In other words, thought experiments suppose that certain states of affairs hold and then try to intuit what would happen in a world where these suppositions are true. We want to examine in the following sections if there are episodes in the history of biology that satisfy these criteria. As we will show, there are a few episodes that might satisfy all three of these criteria, and many more if the imagination criterion is dropped or understood in a lose sense. In any case, this criterion is somewhat vague in the first place, unless a specific account of the imagination is presupposed. There will also be issues as to what exactly “non-empirical” means. In general, for the sake of discussion we propose to understand the term “thought experiment” here in a broad rather than a narrow sense here. We would rather be guilty of having too wide a conception of thought experiment than of missing a whole range of really interesting examples. (shrink)

Ayn Rand and Immanuel Kant had profound disagreements, not just about the possible scope of knowledge, but (more importantly) about the possible scope of philosophy, especially metaphysics. This paper explores those disagreements, steel-manning both sides. My conclusion is that 1) both thinkers have worthwhile points to make, yet 2) Rand is guilty of poor scholarship while 3) Kant is guilty of appeal to ignorance. Despite the fallacious nature of (3), I stress that ignorance is not by itself something (...) that philosophers committed to objectivity should panic about. (shrink)

The field of Latin American philosophy has established itself as a relevant subfield of philosophical inquiry. However, there might be good reasons to consider that our focus on the subfield could have distracted us from considering another subfield that, although it might share some geographical proximity, does not share the same historical basic elements. In this paper, I argue for a possible and meaningful conceptual difference between Latin American Philosophy and Indigenous philosophy produced in Latin America. First, I raise what (...) I call Mariátegui’s Solidarity Challenge to show that there might be some neglectful treatment of the philosophical views of different Indigenous groups. I then depart from Mariátegui and engage in a critical exercise to show that even he would be guilty of failing in his own solidarity demands. I follow that by drawing out some implications of the argument. I first sketch how this differentiation would play out against the political project of “Mestizaje,” a project that seems to inform some of the Latin American philosophical tradition. I then speculate about the kinds of duties that the field of Latin American philosophy might have towards the field of Indigenous Philosophy produced in Latin America. (shrink)

In legal proceedings, a fact-finder needs to decide whether a defendant is guilty or not based on probabilistic evidence. We defend the thesis that the defendant should be found guilty just in case it is rational for the fact-finder to believe that the defendant is guilty. We draw on Leitgeb’s stability theory for an appropriate notion of rational belief and show how our thesis solves the problem of statistical evidence. Finally, we defend our account of legal proof (...) against challenges from Staffel and compare it to a recent competitor put forth by Moss. (shrink)

It is hardly a novel claim that the work of Ursula K. Le Guin (1929–2018) contains influences from philosophical Daoism, but I argue that this influence has yet to be fully understood. Several scholars criticize Le Guin for misrepresenting Daoist ideas as they appear in ancient Chinese philosophical texts, particularly the Dao De Jing and the Zhuangzi. While I have sympathy for this charge, especially as it relates to Le Guin’s translation of the Dao De Jing, I argue that it (...) fails to understand the extent to which her fiction contains her own philosophical development of Daoist ideas. Looking at some of her most influential works (e.g., The Left Hand of Darkness, The Dispossessed, The Lathe of Heaven, A Wizard of Earthsea, etc.), I suggest that Le Guin’s fiction is better seen as a refocusing of Daoist concepts such as complementary contrasts and non-action (wu wei) in the contexts of modern feminism, modern anarchism, science fiction, and fantasy. Le Guin was not trying to represent ancient Daoism as a scholar. Rather, she was trying to reimagine Daoism as a creative artist and philosopher in her own right. This way of viewing Le Guin’s work does not fully exorcise the specter of the possibility of Orientalist cultural appropriation, but it does make the issue more complex in a way that can deepen further conversations. To what extent can an artist be guilty of misrepresentation if representation was not, strictly speaking, her goal? I end with a brief reflection on what is perhaps the deepest philosophical lesson of Le Guin’s work: everything is more complicated than it first appears. On that note, the present article is an attempt not just to do philosophy about Le Guin, but to do philosophy in a Le Guinian fashion, which requires rethinking the metaphor of combat that guides much academic philosophy today. (shrink)

Many philosophers and laypeople have the following two intuitions about legal punishment: the state has a pro tanto moral reason to punish all those guilty of breaking a just law and to do so in proportion to their guilt. Accepting that there can be overriding considerations not to punish all the guilty in proportion to their guilt, many philosophers still consider it a strike against any theory if it does not imply that there is always a supportive moral (...) reason to do so. In this paper, I demonstrate that censure theory accounts for these intuitions much better than any other theory, including forms of retributivism such as desert theory and fairness theory, and explain why censure theory is able to do so. (shrink)

Abstract. Suppose that the word of an eyewitness makes it 80% probable that A committed a crime, and that B is drawn from a population in which the incidence rate of that crime is 80%. Many philosophers and legal theorists have held that if this is our only evidence against those parties then (i) we may be justified in finding against A but not against B; but (ii) that doing so incurs a loss in the accuracy of our findings. This (...) paper argues against (ii). It argues that accuracy considerations can motivate taking different attitudes towards individualized and statistical evidence even across cases where they generate the same probability that the defendant is guilty. (shrink)

While many of us would not want to abandon the requirement that a defendant can only be found guilty of a serious criminal offence by a unanimous jury, we should not expect epistemology to give us the resources we need for justifying this requirement. The doubts that might prevent jurors from reaching unanimity do not show that, say, the BARD standard has not been met. Even if it were true, as some have suggested, that rationality requires that a jury (...) composed of epistemic peers should coalesce around one view about the defendant’s guilt, the failure to reach unanimity might be a good reason to worry about the epistemic failings of some small number of jurors but no reason to worry that we’ve failed to protect the defendant from an unjustified imposition of, say, the risk against wrongful conviction. The arguments for the unanimity requirement will need to come from outside of epistemology. (shrink)