Is it possible to recover lost moral ground? In the closing episodes of the TV show "Breaking Bad", it becomes clear that the protagonist, Walter White, believes that the correct answer to this question is an affirmative one. Walt believes that he can, and that he has, recovered lost moral ground. "Breaking Bad" may be said to explore two distinct and incompatible ways of attempting to recover lost moral ground. The first way is revisionist. This is to rewrite the script (...) of what, morally speaking, has occurred, so that it appears that nothing wrong was done. The second way is restorative. This is to admit to morally wrongful behavior, but to attempt to make amends for it. While we concede that it is possible to recover lost moral ground in both of these ways, we deny that Walt is able to do so in both of these ways. At best, Walt can only hope to recover lost moral ground by attempting to make amends for his past misdeeds. (shrink)

For more than two decades, police in the United States have used facial recognition to surveil civilians. Local police departments deploy facial recognition technology to identify protestors’ faces while federal law enforcement agencies quietly amass driver’s license and social media photos to build databases containing billions of faces. Yet, despite the widespread use of facial recognition in law enforcement, there are neither federal laws governing the deployment of this technology nor regulations settings standards with respect to its development. To make (...) matters worse, the Fourth Amendment—intended to limit police power and enacted to protect against unreasonable searches—has struggled to rein in new surveillance technologies since its inception. -/- This Article examines the Supreme Court’s Fourth Amendment jurisprudence leading up to Carpenter v. United States and suggests that the Court is reinterpreting the amendment for the digital age. Still, the too-slow expansion of privacy protections raises challenging questions about racial bias, the legitimacy of police power, and ethical issues in artificial intelligence design. This Article proposes the development of an algorithmic auditing and accountability market that not only sets standards for AI development and limitations on governmental use of facial recognition but encourages collaboration between public interest technologists and regulators. Beyond the necessary changes to the technological and legal landscape, the current system of policing must also be reevaluated if hard-won civil liberties are to endure. (shrink)

Unlike any other monograph on legal liability, Michael S. Moore’s book CAUSATION AND RESPONSIBILITY contains a well-informed and in-depth discussion of the metaphysics of causation. Moore does not share the widespread view that legal scholars should not enter into metaphysical debates about causation. He shows respect for the subtleties of philosophical debates on causal relata, identity conditions for events, the ontological distinctions between events, states of affairs, facts and tropes, and the counterfactual analysis of event causation, and he considers all (...) these issues relevant to law. In this contribution, I defend an amended version of the COUNTERFACTUAL theory of event causation both against Moore’s criticism and against some traits of Lewis’s version of the theory. On a number of counts, I simply defend Lewis against Moore’s misdirected criticism. Moore’s unreasonable demand that all the commonplaces about causation have to FOLLOW from the counterfactual analysis rests on his mistaken claim that the counterfactual theory IDENTIFIES causation with counterfactual dependence. In other respects, I part company with Lewis in order to highlight some underrated strengths of the counterfactual approach. The common denominator of my revisions is that they make the counterfactual theory unambiguously singularist. The suggested revisions comprise: performing the counterfactual analysis with Davidsonian rather than with Lewisian events, taking seriously the ex post-character of singular causal statements, making explicit the indexical ceteris paribus clause that fixes the actual circumstances of the causing event, abandoning the alleged transitivity of causation, and, last but not least, doing everything in the correct order. The correct order is to start with bedrock intuitions about the nature of causality rather than with a general possible world semantics, and then to turn these intuitions into constraints for the class of counterfactuals that a counterfactual analysis of causation has to consider. (shrink)

Readers assume that commonplace properties of the real world also hold in realistic fiction. They believe, for example, that the usual physical laws continue to apply. But controversy exists in theories of fiction about whether real individuals exist in the story’s world. Does Queen Victoria exist in the world of Jane Eyre, even though Victoria is not mentioned in it? The experiments we report here find that when participants are prompted to consider the world of a fictional individual (“Consider the (...) world of Jane Eyre…”), they are willing to say that a real individual (e.g., Queen Victoria) can exist in the same world. But when participants are prompted to consider the world of a real individual, they are less willing to say that a fictional individual can exist in that world. The asymmetry occurs when we ask participants both if a real person is in the character’s world and if the person would appear there. However, the effect is subject to spatial and temporal constraints. When the person and the character share spatial and temporal settings, interchange is more likely to occur. These results shed light on the author’s implicit contract with the reader, which can license the reader to augment a fictional world with features that the author only implicates as part of the work’s background. (shrink)

This article explores the forms of moral repair that the wrongdoer has to perform in an attempt to make amends for her past wrongdoing, with a focus on the issues of interpersonal moral repair; that is, what a wrongdoer can do to merit her victim‘s forgiveness and achieve reconciliation with her community. The article argues against the very general demands of atonement that amount to an obligation to stop being someone who commits wrongs—to become a moral saint—and suggests a (...) new form of atonement that is more practical and useful in our everyday life. (shrink)

On an account of virtue as skill, virtues are acquired in the ways that skills are acquired. In this paper I focus on one implication of that account that is deserving of greater attention, which is that becoming more skillful requires learning from one’s failures, but that turns out to be especially challenging when dealing with moral failures. In skill acquisition, skills are improved by deliberate practice, where you strive to correct past mistakes and learn how to overcome your current (...) limitations. A similar story applies to virtue acquisition, as moral failures will be a part of anyone’s life, and we will all have to learn from these experiences. However, despite the importance of being able to learn from our mistakes, this is very difficult in practice, given that failure of any kind can be distressing, and especially so for moral failure. The distress created by a recognition of moral failure often prompts responses of anger, avoidance, or defensiveness; rather than attempts to make amends and when necessary to work on self-improvement. The most potentially distressing response to moral failure is shame, as it is often associated with defensiveness. It is here where emotion regulation will be important to manage that distress, and I focus on the skill of emotion differentiation. I argue that emotion differentiation is a promising strategy for distinguishing the emotions we may experience in the wake of failure, including shame, and to encourage those emotions that motivate self-improvement. Thus, emotion regulation is important for virtue acquisition. (shrink)

Agent-regret seems to give rise to a philosophical puzzle. If we grant that we are not morally responsible for consequences outside our control (the ‘Standard View’), then agent-regret—which involves self-reproach and a desire to make amends for consequences outside one’s control—appears rationally indefensible. But despite its apparent indefensibility, agent-regret still seems like a reasonable response to bad moral luck. I argue here that the puzzle can be resolved if we appreciate the role that agent-regret plays in a larger social (...) practice that helps us deal with bad moral luck. That agent-regret is a component in a social practice limits the questions that we can reasonably ask about it. While we can ask whether an experience of agent-regret is rational given the norms of this practice, we cannot ask the question that motivates the puzzle of agent-regret, viz. whether agent-regret is rationally defensible according to the Standard View. (shrink)

What is it to take responsibility for a moral failure? This chapter investigates taking responsibility for wrongdoing. It starts by considering a prominent view in the literature: that to take responsibility for a wrong is to blame oneself for it. Contrary to the self-blame account, it is argued that taking responsibility and self-blame can come apart in various ways. Instead, the normative footprint account is defended. It is suggested that wrongdoing changes the normative landscape in systematic ways: it can create (...) duties to apologize, to acknowledge the wrong done, to make amends, to respond to the wronged party’s upset. To take responsibility for a wrong is to own the normative consequences of one’s wrong. (shrink)

In this article, I analyze norm enforcement on social media, specifically cases where an agent has committed a moral transgression online and is brought to account by an Internet mob with incongruously injurious results in their offline life. I argue that users problematically imagine that they are members of a particular kind of moral community where shaming behaviors are not only acceptable, but morally required to ‘take down’ those who appear to violate community norms. I then demonstrate the costs that (...) are associated with this strategy; the most worrisome being those that distort the nature of moral dialog and the purpose and effectiveness of accountability practices online, creating a vitriolic and polarising online environment. Because of these negative consequences, I suggest that we ought to hold others accountable for restorative ends. I argue that restorative accountability practices can help us cultivate new norms online that rely less for their enforcement upon negative acts such as shame, and more upon positive acts that focus upon the most appropriate way to make amends to the victim(s) and the community. In this sense, restorative accountability incorporates important elements from the ethics of care, a relational ethics that values creating, promoting, and restoring good social and personal relationships. I conclude by arguing that accountability practices premised on the ethics of care produce better outcomes for the victim (s) of a moral violation, the transgressor, and the community. (shrink)

Philosophers have proposed accounts of forgiveness in which the victim is warranted in forgiving only if the wrongdoer makes amends for the wrong done. According to such an account, forgiveness is made rational by the wrongdoer apologizing. But this account creates a puzzle because it seems to render cases of undeserved elective forgiveness (where there is no apology or repentance) unjustified. My aim in the present contribution is to argue that electively forgiving unrepentant wrongdoers can be justified if we (...) accept as genuine a minimalist form of forgiveness, according to which a victim can forgive and still resent. Further, I suggest that undeserved elective forgiveness can be admirable if we extend our conception of reasons to include non- desert-type reasons, such as reasons of altruism, generosity or reasons of social context. (shrink)

I examine the possibility of civic friendship to solve the problem of over-doing democracy, paying close attention to how it can counter affective polarization and social homogeneity. In Section I, I explore civic friendship as a solution to polarization. In section II, I argue that Talisse’s civic friendship—in the context of nonpolitical collaboration—is akin to Aristotle’s utility and pleasure-friendships. Given the nature of civic friendship, in Section III–VI I make amendments to Talisse’s proposal. I argue that if civic friendship is (...) to address not only desaturation but polarization, and it has these Aristotelian features, then the cultivation of taste, equity, and ethical attentiveness are necessary. (shrink)

In this article, I argue that guilt and shame are not distinctive emotions. Instead, guilt is best seen as a kind of shame. I present three reasons for this view: First, guilt cannot merely arise as a consequence of how we evaluate our behaviour, since how we act implicates the whole self. Second, guilt cannot be relieved by taking responsibility, apologising and making amends unless it is a kind of shame. Third, the empirical research that seems to show (...) that ‘shame’ and ‘guilt’ are distinct can be explained by re-interpreting the data. (shrink)

A dominant view of guilt and shame is that they have opposing action tendencies: guilt- prone people are more likely to avoid or overcome dysfunctional patterns of behaviour, making amends for past misdoings, whereas shame-prone people are more likely to persist in dysfunctional patterns of behaviour, avoiding responsibility for past misdoings and/or lashing out in defensive aggression. Some have suggested that addiction treatment should make use of these insights, tailoring therapy according to people’s degree of guilt-proneness versus shame-proneness. (...) In this paper, we challenge this dominant view, reviewing empirical findings from others as well as our own to question (1) whether shame and guilt can be so easily disentangled in the experience of people with addiction, and (2) whether shame and guilt have the opposing action tendencies standardly attributed to them. We recommend a shift in theoretical perspective that explains our main finding that both emotions can be either destructive or constructive for recovery, depending on how these emotions are managed. We argue such management depends in turn on a person’s quality of self-blame (retributive or ‘scaffolding’), impacting upon their attitude towards their own agency as someone with fixed and unchanging dispositions (shame and guilt destructive for recovery) or as someone capable of changing themselves (shame and guilt productive for recovery). With an eye to therapeutic intervention, we then explore how this shift in attitude towards the self can be accomplished. Specifically, we discuss empathy-driven affective and narratively-driven cognitive components of a process that allow individuals to move away from the register of retributive self-blame into a register of scaffolding ‘reproach’, thereby enabling them to manage their experiences of both shame and guilt in a more generative way. (shrink)

In its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for the 5-4 majority, (...) held that “[b]y suppressing the speech of manifold corporations, both for-profit and non-profit, the Government prevents their voices and view-points from reaching the public and advising voters on which person or entities are hostile to their interests” (Citizens United vs. Federal Election Commission 558 U.S. 38-9 (2010); emphasis added). Much of the language of the opinion, and some of its reasoning, as this passage illustrates, presupposes that corporations are agents capable of speech, and that it is (at least in part) in the light of this that limitations on political advocacy by corporations are prohibited by the Constitution. -/- While there are other strands in the argument, they are interwoven with the conception of the corporation as agent and speaker, with its voice and its viewpoints. The dissenters on the court objected on precisely this point (among others). Justice Stevens wrote sarcastically in his dissent, joined by Justices Ginsburg, Breyer, and Sotomayor, that “[u]nder the majority’s view, I suppose it may be a First Amendment problem that corporations are not permitted to vote, given that voting is, among other things, a form of speech” (558 U.S. 33 (2010)). Justice Sotomayor suggested in oral argument that the Court’s century-old practice of treating corporations as persons rests on a conceptual mistake. -/- My concern in this essay is not with the question whether the restrictions violate the Constitution. There are many issues that bear on this which will be outside the scope of my discussion. My concern is with the proper conceptual framework for understanding the agency of corporations and corporate speech, and the role that conceptions of these play in the background of the majority’s reasoning. The issue is legal, but it also has philosophical, conceptual and semantic aspects. It will be the latter aspects, and their potential to shed light on legal reasoning, that are my main focus. An adequate framework requires saying what properly speaking the corporation is, how agency is expressed through the corporation, whose agency it is, centrally whether the corporation is an agent or person in its own right, and in what sense it can be said to be capable of speech. I draw on recent work in collective action theory, particularly with respect to the semantics of collective action sentences (Ludwig 2007) and the analysis of the proxy agency in collective action (Ludwig 2014), to show (i) that corporations are neither genuine agents nor (therefore) capable of engaging in genuine speech, (ii) that consequently the First Amendment does not apply to corporations per se, and (iii) that a better understanding of the mechanisms of corporate agency casts doubt on more indirect arguments for extending the First Amendment to “corporate speech” as well. (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)

We aim to compile some means for a rational reconstruction of a named part of the start-over of Baruch (Benedictus) de Spinoza's metaphysics in 'de deo' (which is 'pars prima' of the 'ethica, ordine geometrico demonstrata' ) in terms of 1st order model theory. In so far, as our approach will be judged successful, it may, besides providing some help in understanding Spinoza, also contribute to the discussion of some or other philosophical evergreen, e.g. 'ontological commitment'. For this text we (...) assume the reader familiar with 'de deo' as well as with some basic concepts and results of 1st order model theory. Before we start reconstruction, we will first revisit shortly the concept of 'attributum' (definitio IV) in it's setting in 'de deo' , next scan for formalizable aspects of 'in suo genere finita' ('de deo', definitio II), subsequently list the model theoretic constructs we will make use of. Then we begin reconstruction by stating "coordinative definitions" for the notions of 'attribute (of a substance)', 'modus (as conceived via an attribute)' and 'substance (as conceived via an attribute)', reasoning shortly for each of them. The "coordinative definitions", we will arrive at, must not be understood as literal translations of Spinoza's concepts - of course, there can't be such a thing as a literal translation - they are meant as formal analoga of these concepts, mapping some logical structure. But even with this caveat they may seem strange to the reader at this stage of discussion. Additional justification for them then should be found in our endeavour, to map some argumentation of Spinoza's proofs of some of his propositions from this starting point. -/- [ Version 1 of this paper originated from 2020-03-14. This is version 2 from 2021-09-12 with some readability amendments. ]. (shrink)

On Kratzer’s canonical account, modal expressions (like “might” and “must”) are represented semantically as quantifiers over possibilities. Such expressions are themselves neutral; they make a single contribution to determining the propositions expressed across a wide range of uses. What modulates the modality of the proposition expressed—as bouletic, epistemic, deontic, etc.—is context.2 This ain’t the canon for nothing. Its power lies in its ability to figure in a simple and highly unified explanation of a fairly wide range of language use. Recently, (...) though, the canon’s neat story has come under attack. The challenge cases involve the epistemic use of a modal sentence for which no single resolution of the contextual parameter appears capable of accommodating all our intuitions.3 According to these revisionaries, such cases show that the canonical story needs to be amended in some way that makes multiple bodies of information relevant to the assessment of such statements. Here I show that how the right canonical, flexibly contextualist account of modals can accommodate the full range of challenge cases. The key will be to extend Kratzer’s formal semantic account with an account of how context selects values for a modal’s.. (shrink)

Inscrutability arguments threaten to reduce interpretationist metasemantic theories to absurdity. Can we find some way to block the arguments? A highly influential proposal in this regard is David Lewis’ ‘ eligibility ’ response: some theories are better than others, not because they fit the data better, but because they are framed in terms of more natural properties. The purposes of this paper are to outline the nature of the eligibility proposal, making the case that it is not ad hoc, (...) but instead flows naturally from three independently motivated elements; and to show that severe limitations afflict the proposal. In conclusion, I pick out the element of the eligibility response that is responsible for the limitations: future work in this area should therefore concentrate on amending this aspect of the overall theory. (shrink)

Philosophers of experiment have acknowledged that experiments are often more than mere hypothesis-tests, once thought to be an experiment's exclusive calling. Drawing on examples from contemporary biology, I make an additional amendment to our understanding of experiment by examining the way that `wide' instrumentation can, for reasons of efficiency, lead scientists away from traditional hypothesis-directed methods of experimentation and towards exploratory methods.

Arrhenius’s impossibility theorems purport to demonstrate that no population axiology can satisfy each of a small number of intuitively compelling adequacy conditions. However, it has recently been pointed out that each theorem depends on a dubious assumption: Finite Fine-Grainedness. This assumption states that there exists a finite sequence of slight welfare differences between any two welfare levels. Denying Finite Fine-Grainedness makes room for a lexical population axiology which satisfies all of the compelling adequacy conditions in each theorem. Therefore, Arrhenius’s theorems (...) fail to prove that there is no satisfactory population axiology. In this paper, I argue that Arrhenius’s theorems can be repurposed. Since all of our population-affecting actions have a non-zero probability of bringing about more than one distinct population, it is population prospect axiologies that are of practical relevance, and amended versions of Arrhenius’s theorems demonstrate that there is no satisfactory population prospect axiology. These impossibility theorems do not depend on Finite Fine-Grainedness, so lexical views do not escape them. (shrink)

Since the publication of Hartry Field’s influential paper “Tarski’s Theory of Truth” there has been an ongoing discussion about the philosophical import of Tarski’s definition. Most of the arguments have aimed to play down that import, starting with that of Field himself. He interpreted Tarski as trying to provide a physicalistic reduction of semantic concepts like truth, and concluded that Tarski had partially failed. Robert Stalnaker and Scott Soames claimed then that Field should have obtained a stronger conclusion, namely that (...) Tarski’s failure in his allegedly intended physicalistic reduction was total. From another front, Hilary Putnam argued for an even more sweeping thesis: “[a]s a philosophical account of truth, Tarski’s theory fails as badly as it is possible for an account to fail.” Scott Soames followed suit also on this count, endorsing Putnam’s argument in section iii of the aforementioned paper; and John Etchemendy used a very similar argument to contend that “a Tarskian definition of truth [...] cannot possibly illuminate the semantic properties of the object language.” The paper argues that these contentions are based on several misunderstandings about the nature of a definition like Tarski’s. Regarding the Putnam-Soames-Etchemendy argument, we must apply a distinction Frege found natural to draw—and is natural to draw anyway—between what he called “constructive” definitions, definitions properly so called, which are mere stipulations, and what he described as “analytic” definitions, definitions which aim to make explicit the meaning of a term already in use. Regarding the Field-Soames-Stalnaker criticism, the paper contends that the true aims of a Tarskian truth definition are perfectly well fulfilled without Field’s amendments. (shrink)

The Appendix to the Transcendental Dialectic of Kant's first Critique is notorious for two reasons. First, it appears to contradict itself in saying that the idea of the systematic unity of nature is and is not transcendental. Second, in the passages in which Kant appears to espouse the former alternative, he appears to be making a significant amendment to his account of the conditions of the possibility of experience in the Transcendental Analytic. I propose a solution to both of (...) these difficulties. With regard to the first, I argue that Kant does not contradict himself. With regard to the second, I argue that Kant is not making any change to his view of the conditions of the possibility of experience espoused in the Transcendental Analytic. The underlying cause of these apparent problems is also their solution: the transcendental illusion that nature is necessarily systematic. (shrink)

The legal progression in China is portrayed negatively by western scholars who often argue that the state institutions in China are subordinate to the control of Chinese Communist Party’s leadership which makes these institutions politically insignificant. We consider that the legal progression in China has an instrumental role in achieving “Harmonious Socialist Society.” The purpose of this thesis is to provide an analytical literature review of scholastic work to explain the legality of rule of law in China and to elaborate (...) the outcomes of China’s recent legal developments. This paper has two main subjects. First, it examines the nature of law and rule of law in China through the prism of different legal theories. Secondly, by arguing from different political theories, it explains the necessity of customized legal system in China for establishing a Harmonious Socialist Society. By giving different examples from contemporary China, this thesis argues that the legality of the rule of law in China ought to be understood in the context of China’s economic and social progression rather than the western legal scholarship. China’s economic progress demands a customized legal system. In our thesis, we claim that the regular upgradation of laws and introduction of constitutional amendments in China, should be recognized as important achievement which is required for the institutional innovation. Legal progression in China during last decade perfectly fit into the framework of “Socialism with Chinese Characteristics” and is very crucial for building a harmonious socialist society. It is vivid from China’s economic growth and developed international relations. Finally, this paper suggests that the Chinese legal progression can be taken as successful example of legal experimentalism. (shrink)

Why and how do norms emerge? Which norms emerge and why these ones in particular? Such questions belong to the ‘problem of the emergence of norms’, which consists of an inquiry into the production of norms in social collectives. I address this question through the ethnographic study of the emergence of ‘norms against violence’ in the political collective Occupy Geneva. I do this, first, empirically, with the analysis of my field observations; and, second, theoretically, by discussing my findings. In consequence (...) of two episodes categorized as sexual assaults that occurred in their camp, the members of Occupy Geneva decided to tackle those issues in a general assembly. Their goal was to amend their first charter of good conduct in order to reform its norms and complete it with norms aiming to regulate ‘facts’ of ‘unjustified violence’. During a collective deliberation, new norms were devised, debated and consensually adopted. The writing of the new charter took place in a second general assembly during which the wording of the written norms was collectively decided. I show that indignation over the sexual assaults was the main motive that led to the collective deliberation, and that the entire process of the making of these norms was characterized by different collective emotions. Indeed, indignation, contempt and fear played major roles in the emergence of norms prohibiting violence, allowing punishment and exclusion of wrongdoers, and prescribing collective intervention against an aggressor to neutralize the threat represented. These findings prompt me to hypothesize that social norms emerge from emotions thanks to the latters’ internal structure; and that emotions provide causal and grounding explanations for this emergence. Thus, emotions allow us to answer the questions: ‘Why do norms emerge?’ and ‘Why do they have their specific forms?’ In short, I argue that social norms have emotional foundations. (shrink)

Stubborn belief, like self-deception, is a species of motivated irrationality. The nature of stubborn belief, however, has not been investigated by philosophers, and it is something that poses a challenge to some prominent accounts of self-deception. In this paper, I argue that the case of stubborn belief constitutes a counterexample to Alfred Mele’s proposed set of sufficient conditions for self-deception, and I attempt to distinguish between the two. The recognition of this phenomenon should force an amendment in this account, and (...) should also make a Mele-style deflationist think more carefully about the kinds of motivational factors operating in self-deception. (shrink)

A good deal of recent debate over the nature of pleasure and pain has surrounded the alleged phenomenon of unconscious sensory pleasure and pain, or pleasures and pains whose subjects are entirely unaware of them while experiencing them. According to Ben Bramble, these putative pleasures and pains present a problem for attitudinal theories of pleasure and pain, since these theories claim that what makes something a sensory pleasure or pain is that one has a special sort of pro- or con-attitude (...) toward it at the time one experiences it. In this paper, I look at the two existing defenses of attitudinal theories against this worry and explain (following Bramble) that each is inadequate. I show that this inadequacy is in part a result of existing attitudinal theories failing to recognize an important distinction in pro- and con-attitudes, and I propose and defend an amended attitudinal view that does recognize this distinction. I then offer a more promising response to the objection from unconscious sensory pleasures and pains: that experiences of apparently unconscious pleasure or pain only seem pleasant or unpleasant because their subjects are disposed to experience pleasantness or unpleasantness. In this sense, unconscious pleasures and pains are not really pleasures or pains at all. (shrink)

A great many important decisions we make in life depend on scientific information that we are not in a position to assess. So it seems we must defer to experts. By now there are a variety of criteria on offer by which non-experts can judge the trustworthiness of a scientist responsible for producing or promulgating this information. But science is, for the most part, a collective not an individual enterprise. This paper explores which of the criteria for judging the trustworthiness (...) of individual scientists can be amended for use in assessing the trustworthiness of scientific collectives. It also offers some new proposals specifically geared to assessing collective trustworthiness in science, notably, an analysis of where to apply the criteria (for example at the group or individual level) and additional criteria to assess group infrastructure and design. The paper ends with some practical suggestions for how to assist the non-expert in this task. (shrink)

In this paper I will argue that critical theory needs to make its socio-ontological commitments explicit, whilst on the other hand I will posit that contemporary social ontology needs to amend its formalistic approach by embodying a critical theory perspective. In the first part of my paper I will discuss how the question was posed in Horkheimer’s essays of the 1930s, which leave open two options: (1) a constructive inclusion of social ontology within social philosophy, or else (2) a program (...) of social philosophy that excludes social ontology. Option (2) corresponds to Adorno’s position, which I argue is forced to recur to a hidden social ontology. Following option (1), I first develop a metacritical analysis of Searle, arguing that his social ontology presupposes a notion of 'recognition' which it cannot account for. Furthermore, by means of a critical reading of Honneth, I argue that critical theory could incorporate a socioontological approach, giving value to the constitutive socio-ontological role of recognition and to the socio-ontological role of objectification. I will finish with a proposal for a socio-ontological characterization of reification which involves that the basic occurrence of recognition is to be grasped at the level of background practices. (shrink)

ArgumentIn the United States, scientific knowledge is brought before the courts by way of testimony – the testimony of scientific experts. We argue that this expertise is best understoodfirstas related to the quality of the underlying scienceand thenin terms of who delivers it. Bloodstain pattern analysis (BPA), a contemporary forensic science, serves as the vaulting point for our exploration of objectivity as a metric for the quality of a science in judicial contexts. We argue that BPA fails to meet the (...) minimal standard set by Helen Longino’s social-procedural account of objectivity (1990, 2002). In light of some pressing issues for social-procedural accounts, we offer an infrastructural account of objectivity. This account offers what amounts to a friendly amendment to Longino’s account and adds to the ways in which we might analyze social-procedural objectivity. Finally, we address an issue that is pressing in the legal context: given that scientific knowledge is delivered by individuals, not communities, at least in U.S. courts, we (may) need a way to evaluate individual scientific and epistemic agents. We suggest a means for making this evaluation that is derived from our infrastructural account of objectivity. (shrink)

Michael S. Moore defends the ideas of free will and responsibility, especially in relation to criminal law, against several challenges from neuroscience. I agree with Moore that morality and the law presuppose a commonsense understanding of humans as rational agents, who make choices and act for reasons, and that to defend moral and legal responsibility, we must show that this commonsense understanding remains viable. Unlike Moore, however, I do not think that classical compatibilism, which is based on a conditional understanding (...) of the ability to do otherwise, provides a sufficiently robust account of free will, even when it is amended as Moore suggests. I argue that free will and responsibility can be defended more robustly by observing that, at the level of agency, there can be alternative possibilities and mental causation in a stronger sense than recognized by classical compatibilism, even if physical determinism is true. Moore’s arguments could thus be strengthened by embracing this compatibilist libertarian position. At the same time, I note that, although the idea of responsibility is robustly defensible, there are independent reasons for rejecting a retributivist approach to punishment. (shrink)

The conviction that ‘intention’ is not semantically ambiguous but has a single and distinctive meaning frames the argument of Anscombe’s masterwork Intention. What this meaning is, however, is barely recognizable in her book. One reason for this difficulty is that Intention starts from a threefold division of the appearance of the concept in our natural language and proceeds to develop its various accounts piecemeal. Another is the obscurity of the notion of ‘practical knowledge’ it introduces, precisely for shedding the light (...) that would make its topic perspicuous as a whole. The present article aims to amend this obscurity by providing both a schema of unity for the various parts of the division and an account of the fixed character of the concept. For the former task, the article recaptures Anscombe’s technical use of the term ‘a kind of statement’, uses it to clarify the nature of the division’s parts, and argues that they are co-constituted in a larger context of rational proceedings. Having done this, the article shows that the point of such proceedings is to display the validity of practical reasoning in a given case. It analyses Anscombe’s account of this kind of validity, providing thereby the representation of the fixed character of ‘intention’ as a distinct form of thinking. (shrink)

In “Process Reliabilism and the Value Problem” I argue that Erik Olsson and Alvin Goldman's conditional probability solution to the value problem in epistemology is unsuccessful and that it makes significant internalist concessions. In “Kinds of Learning and the Likelihood of Future True Beliefs” Olsson and Martin Jönsson try to show that my argument does “not in the end reduce the plausibility” of Olsson and Goldman's account. Here I argue that, while Olsson and Jönsson clarify and amend the conditional probability (...) approach in a number of helpful ways, my case against it remains intact. I conclude with a constructive proposal as to how their account may be steered in a more promising direction. (shrink)

Many epistemologists have endorsed a version of the view that rational belief is sensitive to higher-order defeat. That is to say, even a fully rational belief state can be defeated by misleading higher-order evidence, which indicates that the belief state is irrational. In a recent paper, however, Maria Lasonen-Aarnio calls this view into doubt. Her argument proceeds in two stages. First, she argues that higher-order defeat calls for a two-tiered theory of epistemic rationality. Secondly, she argues that there seems to (...) be no satisfactory way of avoiding epistemic dilemmas within a two-tiered framework. Hence, she concludes that the prospects look dim for making sense of higher-order defeat within a broader theoretical picture of epistemic rationality. Here I aim to resist both parts of Lasonen-Aarnio’s challenge. First, I outline a way of accommodating higher-order defeat within a single-tiered framework, by amending epistemic rules with appropriate provisos for different kinds of higher-order defeat. Secondly, I argue that those who nevertheless prefer to accommodate higher-order defeat within a two-tiered framework can do so without admitting to the possibility of epistemic dilemmas, since epistemic rules are not always accompanied by ‘oughts’ in a two-tiered framework. The considerations put forth thus indirectly vindicate the view that rational belief is sensitive to higher-order defeat. (shrink)

In the chapter “Information and Content” of their Impossible Worlds, Berto and Jago provide us with a semantic account of information in deductive reasoning such that we have an explanation for why some, but not all, logical deductions are informative. The framework Berto and Jago choose to make sense of the above-mentioned idea is a semantic interpretation of Sequent Calculus rules of inference for classical logic. I shall argue that although Berto and Jago’s idea and framework are hopeful, their definitions (...) do not capture what is intended. This is so because the definitions are solely based on the logical complexity of an argument and they fail to capture the richness of the non- logical content of that argument. Then I will suggest some amendments to address this problem. Finally, I will extend the application of the definitions to first-order logic. It shall be observed that in some classical deductions, applying contraction may lead to hiding some epistemic impossibilities. This happens when formulae which contribute different propositions to the proof get contracted at the quantified level. (shrink)

In a recent paper, William Hasker has responded to a paper of mine criticizing his argument for theological incompatibilism. In his response, Hasker makes a small but important amendment to his account of freedom. Here I argue that Hasker’s amended account of freedom is false, that there is a plausible alternative account of freedom, and that the plausibility of this alternative account shows that Hasker’s argument for theological incompatibilism relies on a dubious premise.

This thesis engages with three topics and the relationships between them: (i) the phenomenon of disagreement (paradigmatically, where one person makes a claim and another denies it); (ii) the normative character of disagreements (the issue of whether, and in what sense, one of the parties is “at fault” for believing something that’s untrue); (iii) the issue of which theory of what truth is can best accommodate the norms relating belief and truth. People disagree about all sorts of things: about whether (...) climate is changing, death penalty is wrong, sushi is delicious, or Louis C.K. is funny. However, even focusing on disagreements in the evaluative domain (e.g., taste, moral and comedic), where people have the intuition that there is ‘no fact of the matter’ about who is right, there are significant differences that require explanation. For instance, disagreement about taste is generally perceived as shallow. People accept to disagree and live comfortably with that fact. By contrast, moral disagreement is perceived as deep and sometimes hard to tolerate. Comedic disagreement is similar to taste. However, it may involve an element of ‘intellectual snobbery’ that is absent in taste disagreement. The immediate questions are whether these contrasts allow of precise characterization and what is responsible for them. I argue that, once a case is made for the truth-aptness of judgments in these areas, the contrast can be explained in terms of variable normative function of truth – as exerting a lightweight normative constraint in the domain of taste and a stricter constraint in the moral domain. In particular I claim that while truth in the moral domain exerts a sui generis deontic control, this normative feature of truth is silent in both the taste and the comedic domains. This leads me to investigate how to conceive of truth in the light of normative variability. I argue that an amended version of deflationism – minimally inflated deflationism – can account for the normative variability of truth. (shrink)

In this paper, I propose to look closely at certain crucial aspects of the logic of Rawls' argument in Political Liberalism and related subsequent writings. Rawls' argument builds on the notion of comprehensiveness, whereby a doctrine encompasses the full spectrum of the life of its adherents. In order to show the mutual conflict and irreconcilability of comprehensive doctrines, Rawls needs to emphasise the comprehensiveness of doctrines, as their irreconcilability to a large extent emanates from that comprehensiveness. On the other hand, (...) in order to show the possibility and plausibility of the political liberal solution he needs to emphasise that most of these doctrines are reasonable: i.e., they are willing to cede a portion of their authority to political liberalism for the right reasons. Yet, if they are willing to cede a portion of their authority to a political conception they cannot be as comprehensive as we initially thought they were. All these elements highlight the tension in the argument itself. I suggest that many of these tensions can be removed by making Rawls' account more flexible. In this context I propose certain amendments to Rawls' account, which may overcome some of the tensions mentioned above. (shrink)

This paper proposes a philosophically informed decision-making methodology, inspired by Aristotle, that encourages constructive discussions amongst employers and employees; is directed towards shared higher-level goals; is consistent with planning frameworks already in place in many businesses; can be amended over time without disruptive disputes; and accounts for the particularities of each industry, enterprise, workplace, and job. It seeks to establish a more fundamental basis for discussions about remote vs. in-person office work: specifically, the purpose and nature of the work (...) of those affected. If these matters can be decided, then subsequent discussions might be focused more upon the shared outcomes to which stakeholders are committed and less upon individual preferences and ‘hunches.’. (shrink)

This examination considers the influence of the seventeenth century Cambridge Platonist Cudworth upon the thought of the late eighteenth century German thinker Herder. It focuses upon Herder's use of Cudworth's philosophy to create a revised version of Spinoza's metaphysics. Both Cudworth and Herder were concerned with the problem of determinism. Cudworth outlined a number of difficulties relating to this problem in the thought of Spinoza and proposed amendments, particularly the introduction of the middle principle of plastik, which would mediate between (...) the Ideas of transcendent reason and mechanical materialism. We find these amendments to Spinoza's philosophy also employed in Herder's contribution to the Pantheism Controversy, in which he too offers a revised Spinozism and introduces his own middle principle of Kraft. This demonstrates an important but under-explored English contribution to a key development in German intellectual history. The Pantheism Controversy was an epoch-making event, helping to bring an end to the German Enlightenment and to inaugurate the Romantic movement. Herder's version of Spinoza's thought revived the philosopher's fortunes, and Herder's notion of Kraft became central to Romantic aesthetics. Finally, Herder's use of Cudworth demonstrates the important but overlooked source of Platonic realism in German Romantic thought. (shrink)

Michael H. Mitias argues that friendship is a central moral value constituting an integral part of the good life and therefore deserving a prominent place in ethical theory. He consequently calls upon ethicists to make immediate and decisive adjustments toward accommodating what he regards as a neglected organic relationship between friendship and morality. This is not a fanciful amendment to our standard conception of morality but a radical proposal grounded in a unifying vision to recapture the right way of doing (...) ethics. While the assessment is compelling, and the plea well-placed, neither has been fully understood in the scholarly reception of Mitias. This paper clarifies both. What sets it apart from other reactions to Mitias is a holistic approach drawing on literary considerations as well as philosophical ones. The combined aim is to demonstrate that Mitias is not seeking simply to restore friendship to its rightful place in normative ethical theory, which is indeed the full extent of his formal mission, but that he is seeking to do so specifically within virtue ethics. This interpretation rests on a broad engagement with Mitias’s publications beyond the recent treatise often taken understandably yet erroneously to be his only work on the subject. (shrink)

In this paper a symmetry argument against quantity absolutism is amended. Rather than arguing against the fundamentality of intrinsic quantities on the basis of transformations of basic quantities, a class of symmetries defined by the Π-theorem is used. This theorem is a fundamental result of dimensional analysis and shows that all unit-invariant equations which adequately represent physical systems can be put into the form of a function of dimensionless quantities. Quantity transformations that leave those dimensionless quantities invariant are empirical and (...) dynamical symmetries. The proposed symmetries of the original argument fail to be both dynamical and empirical symmetries and are open to counterexamples. The amendment of the original argument requires consideration of the relationships between quantity dimensions. The discussion raises a pertinent issue: what is the modal status of the constants of nature which figure in the laws? Two positions, constant necessitism and constant contingentism, are introduced and their relationships to absolutism and comparativism undergo preliminary investigation. It is argued that the absolutist can only reject the amended symmetry argument by accepting constant necessitism. I argue that the truth of an epistemically open empirical hypothesis would make the acceptance of constant necessitism costly: together they entail that the facts are nomically necessary. (shrink)

Comment on Beeghly, Erin. 2021. “Stereotyping as Discrimination: Why Thoughts Can Be Discriminatory.” Social Epistemology 35 (6): 547–63. -/- Beeghly’s “Stereotyping as Discrimination” is—characteristically—clear, thorough, and persuasive, rich with incisive arguments and thought-provoking case studies. In defending the view that stereotyping often constitutes discrimination, she makes a powerful case that, “Living ethically means cultivating a certain kind of ‘inner’ life and avoiding pernicious habits of thought, no matter how culturally pervasive” (Beeghly 2021b, 13). Support for such claims is traced back (...) not just to Aristotle and the Ten Commandments (Beeghly 2021b, 10), but also to critical social traditions. “As feminists and theorists of race have long noted, the most intimate aspects of our selves, including our ways of thinking, agency, and modes of embodiment, are among the mechanisms of group oppression” (Beeghly 2021b, 13). I offer, first, a tiny friendly amendment to one brief passage, followed by invitations to explore some of the further potential implications of Beeghly’s central theses. (shrink)

Ethics committees like Institutional Review Boards and Research Ethics Committees are typically empowered to approve or reject proposed studies, typically conditional on certain conditions or revisions being met. While some have argued this power should be primarily a function of applying clear, codified requirements, most institutions and legal regimes allow discretion for IRBs to ethically evaluate studies, such as to ensure a favourable risk-benefit ratio, fair subject selection, adequate informed consent, and so forth. As a result, ethics committees typically make (...) moral demands on researchers: require them to act in a way the committee considers ethically right or appropriate. This paper argues that moral demands are legitimate only if publicly justifiable; and as a result, committee decisions are subject to a public justification requirement. Ethics committees can permissibly request for more information, changes to the research protocol or that the research is delayed or even stopped only if these demands are publicly justifiable. This latter claim is in turn justified on the basis that moral demands to φ are permissible only if we are in a position to know that the addressee ought to φ and that we are in a position to know a proposition only if it is publicly justifiable. This argument suggests that ethics committees must consciously and explicitly appeal to public reasons in their decision-making. In cases where public reasons cannot be offered, committees would not be permitted to reject a given study or make approval conditional on an amendment. (shrink)

Data-driven predictive algorithms are widely used to automate and guide high-stake decision making such as bail and parole recommendation, medical resource distribution, and mortgage allocation. Nevertheless, harmful outcomes biased against vulnerable groups have been reported. The growing research field known as 'algorithmic fairness' aims to mitigate these harmful biases. Its primary methodology consists in proposing mathematical metrics to address the social harms resulting from an algorithm's biased outputs. The metrics are typically motivated by -- or substantively rooted in -- (...) ideals of distributive justice, as formulated by political and legal philosophers. The perspectives of feminist political philosophers on social justice, by contrast, have been largely neglected. Some feminist philosophers have criticized the local scope of the paradigm of distributive justice and have proposed corrective amendments to surmount its limitations. The present paper brings some key insights of feminist political philosophy to algorithmic fairness. The paper has three goals. First, I show that algorithmic fairness does not accommodate structural injustices in its current scope. Second, I defend the relevance of structural injustices -- as pioneered in the contemporary philosophical literature by Iris Marion Young -- to algorithmic fairness. Third, I take some steps in developing the paradigm of 'responsible algorithmic fairness' to correct for errors in the current scope and implementation of algorithmic fairness. I close by some reflections of directions for future research. (shrink)

There is at least one immediate sense in which legal discourse is perspectival: it qualifies acts and facts in the world on the basis of rules. Legal concepts are for the most part constituted by rules, both in the sense that rules define these concepts’ semantic content and that, in order to engage with legal practice, we must act according to those rules, not necessarily complying with them but at least having them in mind. This is the distinctive perspective of (...) law: however, it would be misleading to think that this is the only perspective we can have in legal discourse. That of rule-constituted legal concepts is the fundamental perspective -- the inevitable presupposition of most legal assertions -- but other perspectives are possible on top of this fundamental background: perspectives on law, stemming from the basic perspective of law. -/- In this paper, I will try to argue that some different perspectives regarding law can be accounted for by analyzing different kinds of concepts that emerge in connection with legal institutions. My argument will consist of three steps as follows. First, I will explain how legal concepts are constituted by rules, referring in this regard to John Searle’s analysis of institutional concepts as it emerges in his Making the Social World, of 2010, and amending this analysis according to some criticisms that in 1986 Neil MacCormick had raised against Searle with specific reference to the legal domain. -/- Second, I will show that there are some kinds of concepts relevant for an institution which are not captured by Searle’s analysis in terms of constitutive rules, even if this is amended according to MacCormick’s criticisms. This I will do by considering the game of chess as a simple system of rule-constituted concepts (concepts such as 'checkmate,' 'bishop,' 'king'). I will consider four examples of perfectly legitimate assertions regarding a match of chess -- these being (1) ‘I won’; (2) 'you made a good attack'; (3) 'you are cheating'; (4) 'you made good use of the first-move advantage,' and I will show that, while the first three assertions can be analyzed in terms of concepts (those of 'victory,' 'attack,' and 'cheating') which are not constituted by the rules of chess but are rather common to several different competitive games, being typical of the broader practice of competitive game-playing of which chess is an instance, the fourth assertion includes a concept (that of 'first-move advantage') which is peculiar to chess, just like a rule-constituted element, but is not constituted by the rules of chess. This analysis will lead to a new categorization of institutional concepts. Apart from rule-constituted institutional concepts, which are the only ones recognized by Searle, in order to account for cases (1), (2), and (3) I will distinguish between three kinds of meta-institutional concepts, namely, goal-oriented, mode-oriented, and value-oriented meta-institutional concepts, and then I will introduce the category of para-institutional concepts to account for case (4). -/- Finally -- and this is the third step of my argument -- I will explain how these different kinds of institutional concepts appear when we adopt different perspectives on the institutional frameworks we deal with. This will lead us to a categorization of possible perspectives regarding law that corresponds to the previous one regarding concepts. There is first a structural perspective regarding the instantiation of institutional elements which clearly involves rule-constituted institutional concepts -- as when we say 'I am making a will.' There is then a teleological perspective regarding the goal of our institutional acts which calls into question goal-oriented meta-institutional concepts -- as when we say 'I wrote that will in order for you to have a distinctive right to my property.' Then, we can adopt a strategical perspective regarding some peculiar ways in which institutional acts can be performed, and this has often to do with mode-oriented meta-institutional concepts -- as when we say 'the Labour Party is making parliamentary obstructionism so that the Government will fall before the enactment of the labour reform,' or 'workers start today a work-to-rule action.' Clearly, we can also adopt an evaluative perspective over institutional facts or acts, and here typically value oriented meta-institutional concepts emerge -- as when we say 'that rule is clearly unjust' or 'that contract is unfair.' Finally, we can limit ourselves to a descriptive perspective on phenomena which are peculiar to a given institutional setting, and here para-institutional concepts are often useful -- as when we say 'the Italian electoral system before 1990 led to a sort of reform paralysis' or 'a strict use of the criterion requiring proof beyond any reasonable doubt can be expected to entail a low conviction rate.'. (shrink)

The seventeenth century was an important period in the conceptual development of the notion of the infinite. In 1643, Evangelista Torricelli (1608-1647)—Galileo’s successor in the chair of mathematics in Florence—communicated his proof of a solid of infinite length but finite volume. Many of the leading metaphysicians of the time, notably Spinoza and Leibniz, came out in defense of actual infinity, rejecting the Aristotelian ban on it, which had been almost universally accepted for two millennia. Though it would be another two (...) centuries before the notion of the actually infinite was rehabilitated in mathematics by Dedekind and Cantor (Cauchy and Weierstrass still considered it mere paradox), their impenitent advocacy of the concept had significant reverberations in both philosophy and mathematics. In this essay, I will attempt to clarify one thread in the development of the notion of the infinite. In the first part, I study Spinoza’s discussion and endorsement, in the Letter on the Infinite (Ep. 12), of Hasdai Crescas’ (c. 1340-1410/11) crucial amendment to a traditional proof of the existence of God (“the cosmological proof” ), in which he insightfully points out that the proof does not require the Aristotelian ban on actual infinity. In the second and last part, I examine the claim, advanced by Crescas and Spinoza, that God has infinitely many attributes, and explore the reasoning that motivated both philosophers to make such a claim. Similarities between Spinoza and Crescas, which suggest the latter’s influence on the former, can be discerned in several other important issues, such as necessitarianism, the view that we are compelled to assert or reject a belief by its representational content, the enigmatic notion of amor Dei intellectualis, and the view of punishment as a natural consequent of sin. Here, I will restrict myself to the issue of the infinite, clearly a substantial topic in itself. (shrink)

Can the abstract entities be designated? While the empiricists usually took the positive answer to this question as the first step toward Platonism, in his ``Empiricism, Semantics, and Ontology’’ [Carnap 1950], Carnap tried to make a reconciliation between the language referring to abstract entities on the one hand, and empiricism on the other. In this paper, firstly, I show that the ingenuity of Carnap’s approach notwithstanding, it is prone to criticism from different aspects. But I also show how, even without (...) leaving the empiricist research program, the shortcomings could be amended. Following Carnap’s 1950 outset, and adding some apparently untasteful (Meinongian) ingredients, I will sketch a refined way for dealing with the problem of existence of abstract entities within the framework of the philosophy of empiricism. (shrink)

Prayer is not a psychoactive chant that may trigger a meditative mood or transfigure us into a mystic. It is a simple set of words that are metaphorically arranged which induces a state of being aware and conscious beyond the mundane. It makes an amendment between us and God and makes us to be aware of God, Its creation and the purpose of our existence. The Lords’ Prayer indeed conditions us to know the reality beyond the personality of the mind.

This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...) years earlier for two murders. Delling never had the opportunity to plead the insanity defense because his home state, Idaho, had abolished it in 1982. -/- By depriving Delling of the right to plead insanity, Idaho violated Delling’s Fourteenth Amendment right to due process and his Eighth Amendment right against “cruel and unusual” punishment. Naturally, the same is true for many other mentally ill and disabled defendants who have been prosecuted in Idaho and in the other three states that have abolished the insanity defense: Kansas, Montana, and Utah. -/- The second general part of this Article notes an insight that I stumbled upon in the course of researching the first part: the insanity defense and the mistake of law defense both require ignorance of the law, what I refer to as “normative ignorance.” Indeed, normative ignorance is what makes both of these defenses exculpatory in the first place. -/- Given this critical connection, there is a way for Idaho, Kansas, Montana, and Utah to resume compliance with the Constitution. Instead of reinstating the insanity defense per se, which might be politically unpopular, they should just broaden their mistake of law defense to include normative ignorance caused by cognitive incapacity that is itself caused by mental illness or disability. -/- Still, this Article is not merely directed at these four western states. It is directed at the other forty-six states as well. Because they already have an insanity defense, they need not incorporate it into their mistake of law defense. But in the third general part, I will argue that they should still expand their mistake of law defense to cover defendants who either lack a reasonable opportunity to learn the law or reasonably but mistakenly infer from widely accepted norms or ethics that their conduct is lawful. (shrink)

The present paper deals thus with some fundamental agreements and disagreements between Peirce and James, on crucial issues such as perception and consciousness. When Peirce first read the Principles, he was sketching his theory of the categories, testing its applications in many fields of knowledge, and many investigations were launched, concerning indexicals, diagrams, growth and development. James's utterances led Peirce to make his own views clearer on a wide range of topics that go to the heart of the foundations of (...) psychology and that involve the relationship between perception and logic, between consciousness and the categories, between abstraction and the 'stream of thought'. The idea is to show that Peirce detected important discoveries and insights in the Principles, but felt that James could not make proper use of them because of logical confusions, and also because of his "clandestine" metaphysics. The point in this essay is thus not to look for remains of psychologism in Peirce's writings,13 but to look at Peirce's comments about James's psychology in an attempt to identify where and why Peirce amended James's views. Since the project to provide some insight on Peirce's extensive reading ofJames's Principles of Psycho/.ogy would deserve a full volume, I shall focus here on three occasions where Peirce explicidy commented on Jarnes's Principles. In the first section, I shall consider bis assessment of James's chapter on space, which was published as a series of articles in 1887, in Mind. I shall then turn to the 1891 review of the Principles in The Nation for important complements on perception as inference. In the third section, I shall deal with Peirce's manuscript "Questions on James's Principles"(Rl099). These "Questions" reveal a deep interest in psychological problems and suggest different ways along which Peirce's new advances in the field of the categories, of continuity, and abstraction could provide a proper basis for the philosophy of mind. (shrink)