We draw attention to a series of implicit assumptions that have structured the debate about Frege’s Puzzle. Once these assumptions are made explicit, we rely on them to show that if one focuses exclusively on the issues raised by Frege cases, then one obtains a powerful consideration against a fine-grained conception of propositional-attitude content. In light of this consideration, a form of Russellianism about content becomes viable.

This paper argues that Twin Earth twins belong to the same psychological natural kind, but that the reason for this is not that the causal powers of mental states supervene on local neural structure. Fodor’s argument for this latter thesis is criticized and found to rest on a confusion between it and the claim that Putnamian and Burgean type relational psychological properties do not affect the causal powers of the mental states that have them. While it is true (...) that Putnamian and Burgean type relational psychological properties do not affect causal powers, it is false that no relational psychological properties do. Examples of relational psychological properties that do affect causal powers are given and psychological laws are sketched that subsume twins in virtue of them instantiating these relational properties rather than them sharing the narrow contents of their thoughts. (shrink)

Coordinating competing interests can be difficult. Because law regulates human behavior, it is a candidate mechanism for creating coordination in the face of societal disagreement. We argue that findings from moral psy- chology are necessary to understand why law can effectively resolve co- occurring conflicts related to punishment and group membership. First, we discuss heterogeneity in punitive thought, focusing on punishment within the United States legal system. Though the law exerts a weak influence on punitive ideologies before punishment occurs, we (...) argue that it effectively coordinates perceptions of individuals who have already been punished. Next, we discuss intergroup conflict, which often co-occurs with disagree- ments related to punishment and represents a related domain where coor- dination can be difficult to achieve. Here, we underscore how insights from moral psychology can promote equality via the law. These examples demonstrate how contributions from moral psychology are necessary to understand the connection between social cognition and law. (shrink)

Can the second law of thermodynamics explain our mental experience of the direction of time? According to an influential approach, the past hypothesis of universal low entropy also explains how the psychological arrow comes about. We argue that although this approach has many attractive features, it cannot explain the psychological arrow after all. In particular, we show that the past hypothesis is neither necessary nor sufficient to explain the psychological arrow on the basis of current physics. We (...) propose two necessary conditions on the workings of the brain that any account of the psychological arrow of time must satisfy. And we propose a new reductive physical account of the psychological arrow of time compatible with time-symmetric physics, according to which these two conditions are also sufficient. Our proposal has some radical implications, for example, that the psychological arrow of time is fundamental, whereas the temporal direction of entropy increase in the second law of thermodynamics and the past hypothesis is derived from it, rather than the other way around. 1Introduction2A Physical Account of the Psychological Arrow of Time3Necessary Conditions for the Psychological Arrow of Time4The Psychological Arrow of Time via the Second Law of Thermodynamics and the Past Hypothesis5Why the Past Hypothesis Is Insufficient for the Psychological Arrow of Time5.1Stage 1, Version 1: From the past hypothesis to the psychological arrow via typicality5.2Stage 1, Version 2: From the past hypothesis to the psychological arrow via dynamical or causal considerations5.3Stage 2: From entropy gradient in the brain to the psychological arrow of time6Why the Past Hypothesis Is Unnecessary for the Psychological Arrow of Time7A New Reductive Account of the Psychological Arrow of Time. (shrink)

One of the fundamental problems in the philosophy of psychology is to determine the relation between personal and subpersonal explanations of human behavior. The problem of determining the relation between the personal and subpersonal levels is called the “interface problem”. This paper has two goals. The first is to introduce the domestic reader to the interface problem from the perspective of the philosophy of psychology. The second goal is to show that insufficient focus on the interface problem and its potential (...) solutions can lead to uncritical and fallacious reasoning that can have significant consequences for particular debates in philosophy of medicine and philosophy of law. (shrink)

Due to the wide array of phenomena that are of interest to them, psychologists offer highly diverse and heterogeneous types of explanations. Initially, this suggests that the question "What is psychological explanation?" has no single answer. To provide appreciation of this diversity, we begin by noting some of the more common types of explanations that psychologists provide, with particular focus on classical examples of explanations advanced in three different areas of psychology: psychophysics, physiological psychology, and information-processing psychology. To analyze (...) what is involved in these types of explanations, we consider the ways in which law-like representations of regularities and representations of mechanisms factor in psychological explanations. This consideration directs us to certain fundamental questions, e.g., "To what extent are laws necessary for psychological explanations?" and "What do psychologists have in mind when they appeal to mechanisms in explanation?" In answering such questions, it appears that laws do play important roles in psychological explanations, although most explanations in psychology appeal to accounts of mechanisms. Consequently, we provide a unifying account of what psychological explanation is. (shrink)

Type-identity of mental and physical events is compatible with psychological anomalism. (1) Both in action and perceiving singular causal relations, two temporally distant physical events C and E (caused by C) instantiate a COMMON mental property securing "inter-event" continuity of mental content: the mental content when the room is illuminated shows a trace of familiarity with the mental content just before flipping the switch. (2) "Inter-event" continuity is possible if there is "intra-event" continuity in individual mental content: subsets of (...) C and E capable of functioning as both causal antecedent and consequent included. (3) Intra-event continuity means not just seamless adaptation to physical by role-depriving the double-role events but also enables physical shortcuts by being already equipped with pre-causal epistemic link to future (some causally efficacious knowledge of future mental property). --- Whatever causal effect mental may ever have in the physical domain can be reproduced by purely physical events (for example causally deviant chain set off by rare quantum or cosmological events) so it must be covered by strict laws. Mental brings the cause and the effect of such strict laws temporally closer. Illuminating the room takes remarkably shorter time if there is a relevant (temporally extended) mental content involved than if it is left to rare physical phenomena. -/- . (shrink)

Psychology considered as a natural science began as Aristotelian "physics" or "natural philosophy" of the soul. C. Wolff placed psychology under metaphysics, coordinate with cosmology. Scottish thinkers placed it within moral philosophy, but distinguished its "physical" laws from properly moral laws (for guiding conduct). Several Germans sought to establish an autonomous empirical psychology as a branch of natural science. British and French visual theorists developed mathematically precise theories of size and distance perception; they created instruments to test these (...) theories and to measure visual phenomena such as the duration of visual impressions. These investigators typically were dualists who included mental phenomena within nature. (shrink)

Language suggestive of natural law ethics, similar to the Catholic understanding of ethical foundations, is prevalent in a number of disciplines. But it does not always issue in a full-blooded commitment to objective ethics, being undermined by relativist ethical currents. In law and politics, there is a robust conception of "human rights", but it has become somewhat detached from both the worth of persons in themselves and from duties. In education, talk of "values" imports ethical considerations but hints at a (...) subjectivist view of them. In the psychology and sociology of drug use, ethically thin concepts of "harm minimisation" and "selfimage" dominate discussion and distract attention from the virtue of temperance and the training of character. A more forceful assertion of an ethics based on the worth of persons in these cases would be most desirable. Arguments against objectivity in the fundamentals may be replied to by examining the parallel between ethics and the discipline whose objectivity has been least challenged by relativist arguments, mathematics. (shrink)

Today, major disciplines (including psychology, philosophy, science, etc.) are seeking to forge a deeper connection with spirituality/spiritual values. Emanating from these efforts are clues about the role of spirituality as an inspiration, a fertile source, and a benchmark for research, policy-making, and reforms. In the case of law/the law, scholars explore its relationship with spirituality in light of diverse topics including human rights, crime prevention, family relations, humanitarianism, development, education, security, conflict resolution, and freedom. A few of these works offer (...) fascinating insights, and a few emphasize the need for more detailed analysis. -/- This chapter seeks to highlight a few aspects of the relationship between law and spirituality. First, it highlights the importance being given to spirituality or spiritual values across disciplines, including law. Second, it aims to map the influence of spirituality in the working of laws and legal systems. This exercise will be undertaken in light of the expressions such as spiritual needs, spiritual rights, the spiritualization of law, etc. Third, the chapter raises a few questions of conceptual and practical importance. (shrink)

Recent advancements in the brain sciences have enabled researchers to determine, with increasing accuracy, patterns and locations of neural activation associated with various psychological functions. These techniques have revived a longstanding debate regarding the relation between the mind and the brain: while many authors claim that neuroscientific data can be employed to advance theories of higher cognition, others defend the so-called ‘autonomy’ of psychology. Settling this significant issue requires understanding the nature of the bridge laws used at the (...) psycho-neural interface. While these laws have been the topic of extensive discussion, such debates have mostly focused on a particular type of link: reductive laws. Reductive laws are problematic: they face notorious philosophical objections and they are too scarce to substantiate current research at the intersection of psychology and neuroscience. The aim of this article is to provide a systematic analysis of a different kind of bridge laws—associative laws—which play a central, albeit overlooked role in scientific practice. (shrink)

A combined psychological-epistemological study of the blocks that stand in the way of the human recognition of the sentience and legal rights of non-human animals. Originally published in the Lewis and Clark law journal, Animal Law, and subsequently translated into German and into Portuguese.

This Essay discusses whether U.S. law is ready for artificial intelligence (“AI”) which is headed down the road of blurring the line between human and machine minds. Perhaps the most high-profile and recent examples of AI are Large Language Models (“LLMs”) such as ChatGPT and Google Gemini that can generate written text, reason and analyze in a manner that seems to mimic human capabilities. U.S. law is based on English common law, which in turn incorporates Christian principles that assume the (...) dominance and uniqueness of humankind. U.S. law assumes human communication skills are accompanied by attributes such as consciousness and Free Will (“FW”) that, in turn, underpin critical legal concepts such as mens rea – i.e., intent. Philosophers and others generally agree that consciousness is necessary for FW. On the assumption that human beings possess consciousness that supports FW, the law thereafter deems human beings capable of acting with legal consequences, from entering into contracts to committing crimes. With a focus on LLMs, the Essay suggests that U.S. law may struggle to respond to AI because the technology disrupts the law’s assumptions regarding the uniqueness of human traits and abilities such as consciousness, FW, written communications and reasoning. (shrink)

Laws of nature seem to take two forms. Fundamental physics discovers laws that hold without exception, ‘strict laws’, as they are sometimes called; even if some laws of fundamental physics are irreducibly probabilistic, the probabilistic relation is thought not to waver. In the nonfundamental, or special, sciences, matters differ. Laws of such sciences as psychology and economics hold only ceteris paribus – that is, when other things are equal. Sometimes events accord with these ceteris paribus (...) laws (c.p. laws, hereafter), but sometimes the laws are not manifest, as if they have somehow been placed in abeyance: the regular relation indicative of natural law can fail in circumstances where an analogous outcome would effectively refute the assertion of strict law. Many authors have questioned the supposed distinction between strict laws and c.p. laws. The brief against it comprises various considerations: from the complaint that c.p. clauses are void of meaning to the claim that, although understood well enough, they should appear in all law-statements. These two concerns, among others, are addressed in due course, but first, I venture a positive proposal. I contend that there is an important contrast between strict laws and c.p. laws, one that rests on an independent distinction between combinatorial and noncombinatorial nomic principles.2 Instantiations of certain properties, e.g., mass and charge, nomically produce individual forces, or more generally, causal influences,3 in accordance with noncombinatorial.. (shrink)

Scholars interested in the characterology presupposed by constitutional government have occasionally turned to Plato’s Laws, one of the earliest and most penetrating treatments of the subject. Even so, interpreters have neglected a vital tension that the Laws presents as coeval with lawfulness itself. Through a close reading of the dialogue’s opening passages, I argue that the rule of law for Plato is implicated in a certain paradox: it both prohibits and requires the imitation of god. Law cannot safely (...) originate with human beings; yet human beings must involve themselves nonetheless in laying law down. Trustworthy lawgivers must revere the gods while at the same time emulating them, must somehow make law themselves while regarding that very task as beyond their ken. Although the political psychology of lawfulness would therefore seem incoherent, I conclude by surveying reasons for thinking this inference unwarranted. (shrink)

This paper examines Plato’s conception of shame and the role intoxication plays in cultivating it in the Laws. Ultimately, this paper argues that there are two accounts of shame in the Laws. There is a public sense of shame that is more closely tied to the rational faculties and a private sense of shame that is more closely tied to the non-rational faculties. Understanding this division between public and private shame not only informs our understanding of Plato’s moral (...) psychology, but his political and ethical theory as well. (shrink)

Psychology considered as a natural science began as Aristotelian "physics" or "natural philosophy" of the soul, conceived as an animating power that included vital, sensory, and rational functions. C. Wolff restricted the term " psychology " to sensory, cognitive, and volitional functions and placed the science under metaphysics, coordinate with cosmology. Near the middle of the eighteenth century, Krueger, Godart, and Bonnet proposed approaching the mind with the techniques of the new natural science. At nearly the same time, Scottish thinkers (...) placed psychology within moral philosophy, but distinguished its "physical" laws from properly moral laws. British and French visual theorists developed mathematically precise theories of size and distance perception; they created instruments to test these theories and to measure visual phenomena such as the duration of visual impressions. By the end of the century there was a flourishing discipline of empirical psychology in Germany, with a professorship, textbooks, and journals. The practitioners of empirical psychology at this time typically were dualists who included mental phenomena within nature. Accordingly, psychology as a natural scientific disciplines was not invented in the 18th and 19th centuries, but *remade* from the extant empirical psychology. (shrink)

This article argues that Brentano’s classification of mental phenomena is best understood against the background of the theories of natural classification held by Auguste Comte and John Stuart Mill. Section 1 offers a reconstruction of Brentano’s two-premise argument for his tripartite classification. Section 2 gives a brief overview of the reception and historical background of the classification project. Section 3 addresses the question as to why a classification of mental phenomena is needed at all and traces the answer back to (...) Mill’s view that psychological laws are class-specific. Section 4 and 5 connect the second premise of Brentano’s argument to Comte’s principle of comparative likeness and Mill’s insistance that class membership is determined by the possession of common characteristics. And section 6 briefly discusses the evidence Brentano provides for the first premise. (shrink)

Since our moral and legal judgments are focused on our decisions and actions, one would expect information about the neural underpinnings of human decision-making and action-production to have a significant bearing on those judgments. However, despite the wealth of empirical data, and the public attention it has attracted in the past few decades, the results of neuroscientific research have had relatively little influence on legal practice. It is here argued that this is due, at least partly, to the discussion on (...) the relationship of the neurosciences and law mixing up a number of separate issues that have different relevance on our moral and legal judgments. The approach here is hierarchical; more and less feasible ways in which neuroscientific data could inform such judgments are separated from each other. The neurosciences and other physical views on human behavior and decision-making do have the potential to have an impact on our legal reasoning. However, this happens in various different ways, and too often appeal to any neural data is assumed to be automatically relevant to shaping our moral and legal judgments. Our physicalist intuitions easily favor neural-level explanations to mental-level ones. But even if you were to subscribe to some reductionist variant of physicalism, it would not follow that all neural data should be automatically relevant to our moral and legal reasoning. However, the neurosciences can give us indirect evidence for reductive physicalism, which can then lead us to challenge the very idea of free will. Such a development can, ultimately, also have repercussions on law and legal practice. (shrink)

Justice for human rights violations involves taking into account psychological harm caused to individuals and communities. Justice for psychological harm is specifically grounded in four considerations: (1) that harm to human persons can be both physical and psychological (2) that even in the absence of physical injuries, psychological harm can constitute a human rights violation (3) that those causing psychological harm ought to be accountable, and (4) that claims for justice for harm are supported by (...) human rights principles. One finds that across legal systems, laws align and support these considerations while making justice for psychological harms a matter of rights, well-being, and state responsibility. Human rights practice, literature, and studies highlight the contribution of law and psychology toward justice for psychological harms. Questions of interest to both are whether there is a universal theory on psychological harms to inform matters of justice; whether psychological harm can have a cultural context; whether psychological suffering can have an empirical measure; and whether newer threats like climate anxiety and technology-based harm are being addressed. (shrink)

In this chapter, I discuss Locke’s contributions to moral psychology. I begin by examining how we acquire moral ideas, according to Locke. Next, I ask what explains why we act morally. I address this question by showing how Locke reconciles hedonist views concerning moral motivation with his commitment to divine law theory. Then I turn to Shaftesbury’s criticism that Locke’s moral view is a self-interested moral theory that undermines virtue. In response to the criticism I draw attention to Locke’s Christian (...) conception of virtue. (shrink)

A series of recent studies have explored the impact of people's judgments regarding physical law, morality, and probability. Surprisingly, such studies indicate that these three apparently unrelated types of judgments often have precisely the same impact. We argue that these findings provide evidence for a more general hypothesis about the kind of cognition people use to think about possibilities. Specifically, we suggest that this aspect of people's cognition is best understood using an idea developed within work in the formal semantics (...) tradition, namely the notion of modality. On the view we propose, people may have separate representations for physical, moral and probabilistic considerations, but they also integrate these various considerations into a unified representation of modality. (shrink)

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

Immanuel Kant’s notion of weakness or frailty warrants more attention, for it reveals much about his theory of motivation and general metaphysics of mind. As the first and least severe of the three grades of evil, frailty captures those cases where an agent fails to act on their avowed recognition that the moral law is the only legitimate determining ground of the will. The possibility of such cases raises many important questions that have yet to be settled by interpreters. Most (...) importantly, should we account for the failures of weakness by appealing to the activity of reason or sensibility? I will discuss this question in light of a tendency to adopt an overly dualistic reading of Kant’s moral psychology. Focusing on Kant’s remarks on weakness from the Religion and the Metaphysics of Morals, I argue that we should understand weakness as arising from the unique difficulties of sense-dependent judgment, rather than from self-deception, flagging commitment, or overwhelming desire. The resulting account offers a unified moral psychology capable of accommodating the many features of weakness that are difficult to reconcile on other readings. (shrink)

The framework of the modern Western analysis of culture, in terms of the socio-historical situation of the subject and the reciprocal influence of one on the other, has its roots in nineteenth century discussions. This paper will examine two traditions: the hermeneutic approach of Wilhelm Dilthey, and the Völkerpsychologie of Moses Lazarus and Chajim Steinthal. The account will focus on two elements. First, Lazarus and Steinthal attempted to motivate an account based on collective structures, or forms, of rationality made manifest (...) by a people or Volk; the paper will explore their account of how collective structures can be employed in sociohistorical analysis. Second, Dilthey rejected Lazarus’s and Steinthal’s argument that it was possible to identify the norms of action governing social phenomena. Dilthey rejected any account of psychology that took it to be law-governed, even retrospectively, because he argued that the ‘nexus of life’ that is the ultimate basis of the human sciences cannot be reduced to any law-governed or explanatory relationship between the self, society, and nature. However, there is a deep tension in Dilthey’s position here, which is evident in the development of his work over time. The account below will explore this tension and its significance for the understanding of the subject and the role of psychology in the human sciences. (shrink)

In an Enquiry Concerning Human Understanding, Hume distinguishes between two approaches to what we might call psychology: first, one that appeals to common sense to make virtue seem attractive and second one that attempts to describe the principles governing the mind. Within the second approach, he distinguishes two parts: first, a descriptive branch he calls ‘mental geography’ and, second, a branch he compares to Newton’s project in astronomy. I explain the Hume’s vision of Newtonian psychology, and then I explain its (...) application to Hume’s psychological theory in the first Enquiry. Hume’s attempt to explain causal inference in Part 2 of Section 5 is shown to be an attempt at Newtonian psychology: it’s speculative, explanatory, and attempts to enunciate a psychological law. The paper closes by asking whether Hume succeeded in his attempt to put psychology on Newtonian foundations. (shrink)

This fourth article in a six-part series correlating Kant’s philosophy with the Yijing begins by summarizing the foregoing articles: both Kant and the Yijing’s 64 hexagrams (gua) employ “architectonic” reasoning to form a four-level system with 0+4+12+(4x12) elements, the fourth level’s four sets of 12 correlating to Kant’s model of four university “faculties”. This article explores the second twelvefold set, the law faculty. The “idea of reason” guiding this wing of the comparative analysis is immortality. Three of Kant’s “quaternities” correspond (...) to three sets of four gua in the Yijing: the fourfold nature of the soul in rational psychology (as substantial, simple, unified, spatially related) corresponds to gua 47, 6, 58, 10, respectively; the three “Definitive Articles” and fourth, “Secret Article”, in Perpetual Peace correspond to gua 16, 35,51, 21; and the four objective relations of law to duty in Metaphysics of Morals correspond to gua 45, 12, 17, 25. (shrink)

This paper seeks to identify the distinctive moral wrong of stalking and argues that this wrong is serious enough to criminalize. We draw on psychological literature about stalking, distinguishing types of stalkers, their pathologies, and victims. The victimology is the basis for claims about what is wrong with stalking. Close attention to the experiences of victims often reveals an obsessive preoccupation with the stalker and what he will do next. The kind of harm this does is best understood in (...) relation to the value of privacy and conventionally protected zones of privacy. We compare anti-stalking laws in different jurisdictions, claiming that they all fail in some way to capture the distinctive privacy violation that stalking involves. Further reflection on the seriousness of the invasion of privacy it represents suggests that it is a deeply personal wrong. Indeed, it is usually more serious than obtrusive surveillance by states, precisely because it is more personal. Where state surveillance genuinely is as intrusive as stalking, it tends to adopt the tactics of the stalker, imposing its presence on the activist victim at every turn. Power dynamics —whether rooted in the power of the state or the violence of a stalker —may exacerbate violations of privacy, but the wrong is distinct from violence, threats of violence and other aggression. Nor is stalking a simple expression of a difference in power between stalker and victim, such as a difference due to gender. (shrink)

The Republic of Ireland is introducing major human rights-based reform to its mental health laws. This paper outlines the new legal landscape in which psychologists must operate against the backdrop of present day effects of Ireland’s dark legacy of institutionalisation. A rights-based approach aims to positively transform mental health service delivery and we advocate for person-centred treatments as the ‘new normal’. We summarise the recent advocacy work undertaken by the Psychological Society of Ireland’s Special Interest Group in Human (...) Rights & Psychology. Finally, we present an innovative best practice case promoting future rights-based delivery via the Socio-Ecological Model of Health – Kyrie Farm. Keywords: UNCRPD; Assisted Decision Making Act 2015 (ADMA) in the Rep. of Ireland; The Socio-Ecological Model of Health. (shrink)

Belief-state ascription — determining what someone “knew,” “believed,” was “aware of,” etc. — is central to many areas of law. In criminal law, the distinction between knowledge and recklessness, and the use of broad jury instructions concerning other belief states, presupposes a common and stable understanding of what those belief-state terms mean. But a wealth of empirical work at the intersection of philosophy and psychology — falling under the banner of “Experimental Epistemology” — reveals how laypeople’s understandings of mens rea (...) concepts differ systematically from what scholars, courts, and perhaps legislators, have assumed. -/- As implemented, mens rea concepts are much more context-dependent and normatively evaluative than the conventional wisdom suggests, even assuming that jurors are following jury instructions to the letter. As a result, there is less difference between knowledge and recklessness than is typically assumed; jurors consistently “over”-ascribe knowledge to criminal defendants; and concepts like “belief,” “awareness,” and “conscious disregard” mean different things in different contexts, resulting in mens rea findings systematically responsive to aspects of the case traditionally considered irrelevant to the meaning of those terms. -/- This Article provides the first systematic account of the factors driving jurors’ ascriptions of the specific belief states criminal law invokes. After surveying mens rea jury instructions, introducing the Experimental Epistemology literature to the legal literature on mens rea, and examining the implications of that literature for criminal law, this Article considers ways to begin bridging the surprisingly large gap between mens rea theory and practice. (shrink)

The aim of this chapter is therefore to critically analyse Kelsen's position on the relationship between law and coercion. Here I will show that the connection between law and coercion in Kelsen's legal theory goes deeper than the first definition of ‘law as a coercive order’ suggests: the connection has to do not only with the specific content of legal norms, but also with the existence of the legal order itself. In Section II, I will show that for Kelsen coercion (...) is an essential element of law as the criterion that allows to distinguish law qua normative and social order from other kinds of social and normative orders (such as religion and morality), i.e., coercion of a certain kind. In Sec-tion III I will further develop the argument and show that coercion is also the criterion that allows to distinguish legal norms from other norms (like moral norms), i.e., coercion as a specific object of norms which are hypothetical formulations with sanction as consequence. In Section IV I will show that, in Kelsen’s framework, coercion is also to be regarded as an essential element for the effectiveness of a legal order, thus for its very existence. I will further argue that in this view the most important effect of coercion is not the direct one – the effective application of sanctions or the effective exercise of force – but the indirect one – the psychological pressure that the mere existence of organised violence and sanctions exerts on the individual. Finally, in Section V I will offer a brief concluding remark. (shrink)

Humiliation, as dealt with under different legal jurisdictions, poses a question about how these systems perceive and respond to humiliation. Are the laws' definitions, approach, and punishment appropriately determined? And if there are challenges to implementation, what are they?

In my view all behavior is an expression of our evolved psychology and so intimately connected to religion, morals and ethics, if one knows how to look at them. -/- Many will find it strange that I spend little time discussing the topics common to most discussions of religion, but in my view it is essential to first understand the generalities of behavior and this necessitates a good understanding of biology and psychology which are mostly noticeable by their absence in (...) works on religion, politics, history, morals and ethics, etc. In my view most such efforts have no grasp at all of the operation of System 2, the slow cortical functions of the brain which can be equated to linguistic behavior or the mind, and which I call the Descriptive Psychology of Higher Order Thought and which I regard as the province of philosophy in the narrow sense. -/- It is my contention that the table of intentionality (rationality, mind, thought, language, personality etc.) that features prominently here describes more or less accurately, or at least serves as an heuristic for, how we think and behave, and so it encompasses not merely philosophy and psychology, but everything else (religion, history, literature, mathematics, politics etc.). Note especially that intentionality and rationality as I (along with Searle, Wittgenstein and others) view it, includes both conscious deliberative System 2 and unconscious automated System 1 actions or reflexes. -/- This collection of articles was written over the last 10 years and revised to bring them up to date (2019). All the articles are about human behavior (as are all articles by anyone about anything), and so about the limitations of having a recent monkey ancestry (8 million years or much less depending on viewpoint) and manifest words and deeds within the framework of our innate psychology as presented in the table of intentionality. As famous evolutionist Richard Leakey says, it is critical to keep in mind not that we evolved from apes, but that in every important way, we are apes. If everyone was given a real understanding of this (i.e., of human ecology and psychology to actually give them some control over themselves), maybe civilization would have a chance. As things are however the leaders of society have no more grasp of things than their constituents and so collapse into anarchy is inevitable is spite of the near universal views that religion, politics or technology can save us. See my Suicidal Utopian Delusions in the 21st Century 5th ed (2019), for a detailed exposition of this view. -/- It is critical to understand why we behave as we do and so I start with a brief review of the logical structure of rationality, which provides some heuristics for the description of language (mind, rationality, personality) and gives some suggestions as to how this relates to the evolution of social behavior. This centers around the two writers I have found the most important in this regard, Ludwig Wittgenstein and John Searle, whose ideas I combine and extend within the dual system (two systems of thought) framework that has proven so useful in recent thinking and reasoning research. As I note, there is in my view essentially complete overlap between philosophy, in the strict sense of the enduring questions that concern the academic discipline, and the descriptive psychology of higher order thought (behavior). Once one has grasped Wittgenstein’s insight that there is only the issue of how the language game is to be played, one determines the Conditions of Satisfaction (what makes a statement true or satisfied etc.) and that is the end of the discussion. No neurophysiology, no metaphysics, no postmodernism, no theology. -/- Along with many, I see it as the basic religious or moral issue of our times that America and the world are in the process of collapse from excessive population growth, most of it for the last century, and now all of it, due to 3rd world people. Consumption of resources and the addition of 3 billion more ca. 2100 will collapse industrial civilization and bring about starvation, disease, violence and war on a staggering scale. The earth loses at least 1% of its topsoil every year, so as it nears 2100, most of its food growing capacity will be gone. Billions will die and nuclear war is all but certain. In America, this is being hugely accelerated by massive immigration and immigrant reproduction, combined with abuses made possible by democracy. Depraved human nature inexorably turns the dream of democracy and diversity into a nightmare of crime and poverty. China will continue to overwhelm America and the world, as long as it maintains the dictatorship which limits selfishness and permits long term planning. The root cause of collapse is the inability of our innate psychology to adapt to the modern world, which leads people to treat unrelated persons as though they had common interests (which I suggest may be regarded as an unrecognized -- but the commonest and most serious-- psychological problem -- Inclusive Fitness Disorder). This, plus ignorance of basic biology and psychology, leads to the social engineering delusions of the partially educated who control democratic societies. Few understand that if you help one person you harm someone else—there is no free lunch and every single item anyone consumes destroys the earth beyond repair. Consequently, social policies everywhere are unsustainable and one by one all societies without stringent controls on selfishness will collapse into anarchy or dictatorship. Without dramatic and immediate changes, there is no hope for preventing the collapse of America, or any country that follows a democratic system, especially now that the Neomarxist Third World Supremacists are taking control of the USA and other Western Democracies, and helping the Seven Sociopaths who run China to succeed in their plan to eliminate peace and freedom and religion worldwide. Hence my concluding essays. Of course, it is an easily defensible point of view that Artificial Intelligence (aka Artificial Stupidity or Artificial Sociopathy) researchers are even more evil than the Democrats and the CCP, and I make brief comments on this as well. -/- Several articles touch on The One Big Happy Family Delusion, i.e., that we are genetically selected for cooperation with everyone, and that the euphonious ideals of Democracy, Diversity, Equality and Religion will lead us into utopia, if we just manage things correctly (the possibility of politics). Again, the No Free Lunch Principle ought to warn us it cannot be true, and we see throughout history and all over the contemporary world, that without strict controls, selfishness and stupidity gain the upper hand and soon destroy any nation that embraces these delusions. In addition, the monkey mind steeply discounts the future, and so we cooperate in selling our descendant’s heritage for temporary comforts, greatly exacerbating the problems. -/- I describe versions of this delusion (i.e., that we are basically ‘friendly’ if just given a chance) as it appears in some recent books on sociology/biology/economics. Even Sapolsky’s otherwise excellent “Behave” (2017) embraces leftist politics and group selection and gives space to a discussion of whether humans are innately violent. I end with two essays on the great tragedy playing out in America and the world, which can be seen as a direct result of our evolved psychology manifested as the inexorable machinations of System 1. Our psychology, eminently adaptive and eugenic on the plains of Africa from ca. 6 million years ago, when we split from chimpanzees, to ca. 50,000 years ago, when many of our ancestors left Africa (i.e., in the EEA or Environment of Evolutionary Adaptation), is now maladaptive and dysgenic and the source of our Suicidal Utopian Delusions. So, like all discussions of behavior (theology, philosophy, psychology, sociology, biology, anthropology, politics, law, literature, history, economics, soccer strategies, business meetings, etc.), this book is about evolutionary strategies, selfish genes and inclusive fitness (kin selection, natural selection), though of course few grasp this, regardless of whether they are academics or peasants, atheists or fundamentalists. (shrink)

Reasoning by default is a relevant aspect of everyday life that has traditionally attracted the attention of many fields of research, from psychology to the philosophy of logic, from economics to artificial intelligence. Also in the field of law, default reasoning is widely used by lawyers, judges and other legal decision-makers. In this paper, a philosopher of language (Carlo Penco) and a philosopher of law (Damiano Canale) attempt to explore some uses of default reasoning that are scarcely considered by legal (...) theory. In particular, the dialogue dwells on the notion of literal meaning, witness testimony, and the problem of disagreement among experts in legal proceedings. The paper is intended as a sort of brain storming useful to identify new lines of research straddling philosophy of law, cognitive psychology and philosophy of language. (shrink)

Many theories in philosophy, law, and psychology, make no distinction in meaning between causing and enabling conditions. Yet, psychologically people readily make such distinctions each day. In this paper we report three experiments, showing that individuals distinguish between causes and enabling conditions in brief descriptions of wrongful outcomes. Respondents rate actions that bring about outcomes as causes, and actions that make possible the causal relation as enablers. Likewise, causers (as opposed to enablers) are rated as more responsible for the outcome, (...) as liable to longer prison sentences, and as liable to pay higher fines. Moreover, the more actors involved, the more blame volume there is psychologically to be apportioned between them. The implication is that theories and the law in practice, both criminal and civil, may dangerously mismatch the intuitions of those to whom they are supposed to apply. The findings are discussed in light of contemporary psychological theories of how people reason about cause. -/- The paper presents the extended findings supplementary to the conference paper: Frosch, C. A., Johnson-Laird, P. N., Cowley, M. (2007). Don’t blame me your Honor, I’m only the enabler. Proceedings of the Twenty–Ninth Annual Conference of the Cognitive Science Society, p. 1755, Mahweh, N. J: Erlbaum. Nashville, USA. *Main findings now cited in the Oxford Handbook of Causal Reasoning. (shrink)

Behaviorism was a peculiarly American phenomenon. As a school of psychology it was founded by John B. Watson (1878-1958) and grew into the neobehaviorisms of the 1920s, 30s and 40s. Philosophers were involved from the start, prefiguring the movement and endeavoring to define or redefine its tenets. Behaviorism expressed the naturalistic bent in American thought, which came in response to the prevailing philosophical idealism and was inspired by developments in natural science itself. There were several versions of naturalism in American (...) philosophy, and also several behaviorisms. Most behaviorists paid homage to Darwinian functionalism; all forswore introspection and made learned changes in behavior the primary subject matter and explanatory domain of psychology. They differed in their descriptions of behavior, modes of explanation, and attitudes toward mentalistic concepts. Watson was a strict materialist who wanted to eliminate all mentalistic talk from psychology. Edward Chace Tolman (1886-1959) regarded mind as a biological function of the organism. He permitted mentalistic terms such as 'purpose' in behavioral description, and posited intervening processes that included 'representations' of the environment, while requiring such processes be studied only as expressed in behavior. Clark L. Hull (1884-1952) developed a hypothetical-deductive version of behaviorism, akin to Tolman's functionalism in positing intervening variables but without his cognitivist constructs. B. F. Skinner (1904-90) rejected intervening variables and developed his own account of the behavior of the whole organism, based on the laws of operant conditioning. The naturalism in American philosophy of the early twentieth century showed respect for the natural sciences, especially biology and psychology. John Dewey (1896, 1911), George Santayana (1905, 1920), and F. J. E. Woodbridge (1909, 1913) expressed this attitude. It animated the neorealism of E. B. Holt and Ralph Barton Perry, who gave special attention to psychology, and the evolutionary naturalism and critical realism of Roy Wood Sellars. This naturalism differed from Watson's in regarding mind as part of nature from a Darwinian and functionalist perspective, and treating behavior as the product of the mental functioning. It fed Tolman's version of behaviorism. It was not materialistic or physical-reductionist. Only later, with Quine and logical empiricism, was behaviorism seen as essentially physicalistic. (shrink)

In this paper I challenge the commonly held view that Plato acknowledges and accepts the possibility of akrasia in the Laws. I offer a new interpretation of the image of the divine puppet in Book 1 - the passage often read as an account of akratic action -- and I show that it is not intended as an illustration of akrasia at all. Rather, it provides the moral psychological background for the text by illustrating a broader notion of (...) self-rule as a virtuous condition of the soul (and lack of self-rule as a vicious condition). I examine key discussions in the Laws in order to show how Plato makes use of this broader notion of self-rule throughout the dialogue, and I argue that nothing Plato says in the Laws commits him to the possibility of akrasia. One significant consequence of my interpretation of the puppet passage is that it avoids the need to posit developmentalism in Plato's late views about the embodied human soul, as some recent commentators have done: the moral psychology of the Laws, on my reading, is not incompatible with the Republic's tripartite theory of the soul. (shrink)

Historically, culture has been treated as an object in international documents. One consequence of this is that cultural rights in international law have been understood as rights of access and consumption. Recently, an alternative conception of culture, and of what cultural rights protect, has emerged from international documents treating indigenous peoples. Within these documents culture is treated as an activity rather than a good. This activity is ascribed to peoples as well as persons, and protecting the capacity of both peoples (...) and persons to engage in culture is taken to be as basic a component of human dignity as are freedom of movement, freedom of speech, and freedom from torture. It is not an accident that this treatment of culture has emerged from international documents treating indigenous peoples. However, the value of this treatment of culture extends beyond the human rights of indigenous peoples. Treating culture as an activity establishes an understanding of what cultural rights protect that clarifies the relationship between cultural rights and other mechanisms for protecting minorities and frames the role of cultural communities in the realization of human dignity as an important physical and political issue, not just a psychological one. For these reasons, the norms regarding cultural rights that are emerging from international documents treating indigenous peoples are a much-needed step forward for peoples' rights more generally. (shrink)

In this paper I argue that, despite what many commentators have concluded, Plato’s division of three psychological “causes” of criminal behavior at Laws 863b1-e3 (anger, pleasure, and ignorance) is not intended to invoke the tripartite theory of the soul. I suggest that the focus of the division is on an alternative moral psychological picture, one which is better suited to the criminal penology of Book 9. However, I argue, this alternative picture is nonetheless consistent with tripartite theory.

Many wrongly believe that emotion plays little or no role in legal reasoning. Unfortunately, Langdell and his “scientific” case method encourage this error. A careful review of analysis in the real world, however, belies this common belief. Emotion can be cognitive, and cognition can be emotional. Additionally, modern neuroscience underscores the “co-dependence” of reason and emotion. Thus, even if law were a certain science of appellate cases (which it is not), emotion could not be torn from such “science.” -/- As (...) we reform legal education, we must recognize the role of cognitive emotion in law and legal analysis. If we fail to do this, we shortchange law schools, students, and the bar in grievous ways. We shortchange the very basics of true and best legal analysis. We shortchange at least half the universe of expression (the affective half). We shortchange the importance of watching and guarding the true interests of our clients, which interests are inextricably intertwined with affective experience. We shortchange the importance of motivation in law, life, and legal education. How can lawyers understand the motives of clients and other relevant parties without understanding the emotions that motivate them? How can lawyers hope to persuade judges, other advocates, or parties across the table in a transaction without grasping affective experience that motivates them? How can law professors fully engage students while ignoring affective experience that motivates students? Finally, we shortchange matters of life and death: emotions affect health and thus the very vigor of the bar. -/- Using insights from practice, modern neuroscience, and philosophy, I therefore explore emotion and other affective experience through a lawyer’s lens. In doing this, I reject claims that emotion and other affective experience are mere feeling (though I do not discount the importance of feeling). I also reject claims that emotion and other affective experience are necessarily irrational or beyond our control. Instead, such experience is often intentional and quite rational and controllable. After exploring law and affective experience at more “macro” levels, I consider three more specific examples of the interaction of law and emotion: (i) emotion, expression, and the first amendment, (ii) emotion in legal elements and exceptions, and (iii) emotion and lawyer mental health. To provide lawyers and legal scholars with a “one-source” overview of emotion and the law, I have also included an Appendix addressing a number of particular emotions. -/- Keywords: Emotion, Cognitive Emotion, Reason, Logos, Pathos, Legal Analysis, Legal Reasoning, Neuroscience, Philosophy, Persuasion, Rhetoric, Expression, First Amendment, Free Speech, Common Law Murder, Mental Health, NAACP v. McCrory, Anger, Contempt, Disgust, Hate, Malice. (shrink)

This collection of articles was written over the last 10 years and edited to bring them up to date (2017). The copyright page has the date of the edition and new editions will be noted there as I edit old articles or add new ones. All the articles are about human behavior (as are all articles by anyone about anything), and so about the limitations of having a recent monkey ancestry (8 million years or much less depending on viewpoint) and (...) manifest words and deeds within the framework of our innate psychology as presented in the table of intentionality. As famous evolutionist Richard Leakey says, it is critical to keep in mind not that we evolved from apes, but that in every important way, we are apes. If everyone was given a real understanding of this (i.e., of human ecology and psychology to actually give them some control over themselves), maybe civilization would have a chance. As things are however the leaders of society have no more grasp of things than their constituents and so collapse into anarchy is inevitable. The first group of articles attempts to give some insight into how we behave that is reasonably free of the theoretical delusions that are universal. In the next group, I show how these insights apply by reviewing some books in philosophy and psychology. Next I review books on science and religion and finally provide reviews and articles showing how understanding of both science and philosophy gives insight into the tragic delusions destroying the world. People believe that society can be saved by science, religion and politics, so I provide some suggestions as to why this is unlikely via short articles and reviews of recent books by well-known writers. It is critical to understand why we behave as we do and so the first section presents articles that try to describe (not explain as Wittgenstein insisted) behavior. I start with a brief review of the logical structure of rationality, which provides some heuristics for the description of language (mind, rationality, personality) and gives some suggestions as to how this relates to the evolution of social behavior. This centers around the two writers I have found the most important in this regard, Ludwig Wittgenstein and John Searle, whose ideas I combine and extend within the dual system (two ii systems of thought) framework that has proven so useful in recent thinking and reasoning research. As I note, there is in my view essentially complete overlap between philosophy, in the strict sense of the enduring questions that concern the academic discipline, and the descriptive psychology of higher order thought (behavior). Once one has grasped Wittgenstein’s insight that there is only the issue of how the language game is to be played, one determines the Conditions of Satisfaction (what makes a statement true or satisfied etc.) and that is the end of the discussion. Since philosophical problems are the result of our innate psychology, or as Wittgenstein put it, due to the lack of perspicuity of language, they run throughout human discourse and behavior, so there is endless need for philosophical analysis, not only in the ‘human sciences’ of philosophy, sociology, anthropology, political science, psychology, history, literature, religion, etc., but in the ‘hard sciences’ of physics, mathematics, and biology. It is universal to mix the language game questions with the real scientific ones as to what the empirical facts are. Scientism is ever present and the master has laid it before us long ago, i.e., Wittgenstein (hereafter W) beginning with the Blue and Brown Books in the early 1930’s. "Philosophers constantly see the method of science before their eyes and are irresistibly tempted to ask and answer questions in the way science does. This tendency is the real source of metaphysics and leads the philosopher into complete darkness." (BBB p18) The key to everything about us is biology, and it is obliviousness to it that leads millions of smart educated people like Obama, Chomsky, Clinton and the Pope to espouse suicidal utopian ideals that inexorably lead straight to Hell on Earth. As W noted, it is what is always before our eyes that is the hardest to see. We live in the world of conscious deliberative linguistic System 2, but it is unconscious, automatic reflexive System 1 that rules. This is the source of the universal blindness described by Searle’s The Phenomenological Illusion (TPI), Pinker’s Blank Slate and Tooby and Cosmides’ Standard Social Science Model. The astute may wonder why we cannot see System 1 at work, but it is clearly counterproductive for an animal to be thinking about or second guessing every action, and in any case, there is no time for the slow, massively integrated System 2 to be involved in the constant stream of split second ‘decisions’ we must make. As W noted, our ‘thoughts’ (T1 or the ‘thoughts’ of System 1) must lead directly to actions. iii It is my contention that the table of intentionality (rationality, mind, thought, language, personality etc.) that features prominently here describes more or less accurately, or at least serves as an heuristic for, how we think and behave, and so it encompasses not merely philosophy and psychology, but everything else (history, literature, mathematics, politics etc.). Note especially that intentionality and rationality as I (along with Searle, Wittgenstein and others) view it, includes both conscious deliberative System 2 and unconscious automated System 1 actions or reflexes. Thus, all the articles, like all behavior, are intimately connected if one knows how to look at them. As I note, The Phenomenological Illusion (oblivion to our automated System 1) is universal and extends not merely throughout philosophy but throughout life. I am sure that Chomsky, Obama, Zuckerberg and the Pope would be incredulous if told that they suffer from the same problem as Hegel, Husserl and Heidegger, (or that that they differ only in degree from drug and sex addicts in being motivated by stimulation of their frontal cortices by the delivery of dopamine (and over 100 other chemicals) via the ventral tegmentum and the nucleus accumbens), but it’s clearly true. While the phenomenologists only wasted a lot of people’s time, they are wasting the earth and their descendant’s futures. Many of the articles describe the ‘digital delusions’, which confuse the language games of System 2 with the automatisms of System 1, and so cannot distinguish biological machines (i.e., people) from other kinds of machines (i.e., computers). The ‘reductionist’ claim is that one can ‘explain’ behavior at a ‘lower’ level, but what actually happens is that one does not explain human behavior but a ‘stand in’ for it. Hence the title of Searle’s classic review of Dennett’s book (“Consciousness Explained”)— “Consciousness Explained Away”. In most contexts ‘reduction’ of higher level emergent behavior to brain functions, biochemistry, or physics is incoherent. Also for ‘reduction’ of chemistry or physics, the path is blocked by chaos and uncertainty. Anything can be ‘represented’ by equations, but when they ‘represent’ higher order behavior, it is not clear (and cannot be made clear) what the ‘results’ mean. Reductionist metaphysics is a joke, but most scientists and philosophers lack the appropriate sense of humor. Other digital delusions are that we will be saved from the pure evil (selfishness) of System 1 by computers/AI/robotics/ nanotech/genetic engineering created by System 2. The No Free Lunch principal tells us there will be serious and possibly fatal consequences. The adventurous may regard this principle as a higher order emergent expression of the Second Law of Thermodynamics. Hi-tech enthusiasts hugely underestimate the problems iv resulting from unrestrained motherhood, and of course it is neither profitable nor politically correct (and now with third world supremacism dominant, not even possible) to be honest about it. The last section describes various versions of the ‘altruism delusion’ that we are selected for cooperation, and that the euphonious ideals of Democracy, Diversity and Equality will lead us into utopia, if we just manage things correctly (the possibility of politics). Again, the No Free Lunch Principle ought to warn us it cannot be true, and we see throughout history and all over the contemporary world, that without strict controls, selfishness and stupidity gain the upper hand and soon destroy any nation that embraces it. In addition, the monkey mind steeply discounts the future, and so we cooperate in selling our descendant’s heritage for temporary comforts, greatly exacerbating the problems. I describe versions of this delusion (i.e., that we are basically ‘friendly’ if just given a chance) as it appears in some recent books on sociology/biology/economics. I end with an essay on the great tragedy playing out in America and the world, which can be seen as a direct result of our evolved psychology manifested as the inexorable machinations of System 1. Our psychology, eminently adaptive and eugenic on the plains of Africa from ca. 6 million years ago, when we split from chimpanzees, to ca. 50,000 years ago, when many of our ancestors left Africa (i.e., in the EEA or Environment of Evolutionary Adaptation), is now maladaptive and dysgenic and the source of our Suicidal Utopian Delusions. So, like all discussions of behavior (philosophy, psychology, sociology, biology, anthropology, politics, law, literature, history, economics, soccer strategies, business meetings, etc.), this book is about evolutionary strategies, selfish genes and inclusive fitness (kin selection). Many accept the delusion that we are selected for cooperation with people generally (group selection or altruism) and not just our immediate relatives (kin selection or inclusive fitness), so I spend some time in the essays of the last section demolishing this fantasy. One thing rarely mentioned by the group selectionists is the fact that, even were ‘group selection’ possible, selfishness is at least as likely (probably far more likely in most contexts) to be group selected for as altruism. Just try to find examples of true altruism in nature –the fact that we can’t (which we know is not possible if we understand evolution) tells us that its apparent presence in humans is an artefact of modern life concealing the facts, and that it can no more be selected for than the tendency to suicide (which in fact it is). One does not really need science or mathematics to grasp this – it is crushingly obvious that an v organism cannot be selected for behavior that decreases the frequency of its own genes in the next generation. One might also benefit from considering a phenomenon never (in my experience) mentioned by group selectionists -- cancer. No group has as much in common as the (originally) genetically identical cells in our own bodies-a 100 trillion cell clone-- but we are all born with thousands and perhaps millions of cells that have already taken the first step on the path to cancer and generate millions to billions of cancer cells in our life. If we did not die of other things first, we (and perhaps all multicellular organisms) would all die of cancer. Only a massive and hugely complex mechanism built into our genome that represses or derepresses trillions of genes in trillions of cells, and kills and creates billions of cells a second, keeps the majority of us alive long enough to reproduce. One might take this to imply that a just, democratic and enduring society for any kind of entity on any planet in any universe is only a dream, and that no being or power could make it otherwise. It is not only ‘the laws’ of physics that are universal and inescapable, or perhaps we should say that inclusive fitness is a law of physics. The great mystic Osho said that the separation of God and Heaven from Earth and Humankind was the most evil idea that ever entered the Human mind. In the 20th century an even more evil notion arose—that humans are born with rights, rather than having to earn privileges. Thus, every day the population increases by 200,000, who must be provided with resources to grow and space to live, and who soon produce another 200,000 etc. And one almost never hears it noted that what they receive must be taken from those already alive. Their lives diminish those already here in both major obvious and countless subtle ways. Every new baby destroys the earth from the moment of conception. There cannot be human rights without human wrongs. It cannot be more obvious, but one will never see the streets full of protesters against motherhood. America and the world are in the process of collapse from excessive population growth, most of it for the last century and now all of it due to 3rd world people. Consumption of resources and the addition of 4 billion more ca. 2100 will collapse industrial civilization and bring about starvation, disease, violence and war on a staggering scale. The earth loses about 2% of it’s topsoil every year, so as it nears 2100, most of it’s food growing capacity will be gone. Billions will die and nuclear war is all but certain. In America, this is being hugely accelerated by massive immigration and immigrant reproduction, combined with abuses made possible by democracy. Depraved human nature inexorably turns the dream of democracy and diversity into a vi nightmare of crime and poverty. China will continue to overwhelm America and the world, as long as it maintains the dictatorship which limits selfishness. The root cause of collapse is the inability of our innate psychology to adapt to the modern world, which leads people to treat unrelated persons as though they had common interests. This, plus ignorance of basic biology and psychology, leads to the social engineering delusions of the partially educated who control democratic societies. Few understand that if you help one person you harm someone else—there is no free lunch and every single item anyone consumes destroys the earth beyond repair. Consequently, social policies everywhere are unsustainable and one by one all societies without stringent controls on selfishness will collapse into anarchy or dictatorship. Without dramatic and immediate changes, there is no hope for preventing the collapse of America, or any country that follows a democratic system. The popular notions supported by the Democratic Party and Third World Supremacists are that Democracy, Diversity, Equality and Social Justice will produce a Utopia in America and the world, but it is clear as crystal that they unavoidably foster selfishness and divisiveness and are producing collapse. Hence my concluding essay “Suicide by Democracy”. The most basic facts, almost never mentioned, are that there are not enough resources in America or the world to lift a significant percentage of the poor out of poverty and keep them there. Even the attempt to do this is already bankrupting America and destroying the world. The earth’s capacity to produce food decreases daily, as does our genetic quality. And now, as always, by far the greatest enemy of the poor is other poor and not the rich. -/- My writings are available as paperbacks and Kindles on Amazon. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) ASIN B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) ASIN B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) 2nd printing with corrections (Feb 2018) ASIN B0711R5LGX -/- Suicide by Democracy: an Obituary for America and the World (2018) ASIN B07CQVWV9C -/- . (shrink)

This essay discusses various representations of Eichmann's mind that were fashioned on the occasion of his trial in Jerusalem in 1961. Gideon Hausner the prosecutor presented the defendant as demonic. Hannah Arendt, the German-born American Jewish philosopher portrayed him as banal or thoughtless. Limiting themselves to the issue of mens rea in their judgment, the Israeli Supreme Court justices described Eichmann's mind as controlled by criminal intent. While these views have been widely discussed in the literature, much of this essay (...) focuses on a hitherto little noted perspective on Eichmann's mind that was formulated by the mental health experts who examined Eichmann for the prosecution. As compared to the inclusionist, confictual, and complex picture these experts presented of Eichmann's mind, Arendt's and Hausner's views appear similar in their reductionism, rather than diametrically opposed, while the approach of the Supreme Court justices to Eichmann's mind can be regarded as restrictive. Methodological problems involved in all these different perspectives are discussed, and it is argued that even though the psychological outlook declares itself to be non-judgmental, it does, in fact, entail a dimension of moral judgment. Finally, Eichmann 's recently declassified memoirs are adduced and interpreted as lending some support to the psychological, inclusionist perspective on Eichmann's mind. (shrink)

Self-authorship has been established as the basis of an influential liberal principle of legislation and public policy. Being the author of one’s own life is a significant component of one’s own well-being, and therefore is better understood from the viewpoint of the person whose life it is. However, most philosophical accounts, including Raz’s conception of self-authorship, rely on general and abstract principles rather than specific, individual psychological properties of the person whose life it is. We elaborate on the principles (...) of self-authorship on the basis of self-determination theory, an empirically based psychological theory that has been at the forefront of the study of autonomy and self-authorship for more than 45 years. Our account transcends distinctions between positive and negative freedom and attempts to pinpoint the exact properties of self-authorship within the psychological processes of intrinsic motivation and internalization. If a primary objective of public policy is to support self-authorship, then it should be devised on the basis of how intrinsic motivation and internalization can be properly supported. Self-determination theory identifies three basic psychological needs: autonomy, competence, and relatedness. The satisfaction of these needs is associated with the support and growth of intrinsic tendencies and the advancement of well-being. Through this analysis, we can properly evaluate the significance of rationality, basic goods, and the availability of options to self-authorship. Implications for law and policy are discussed with an emphasis on legal paternalism and what many theorists call “liberal perfectionism,” that is, the non-coercive support and promotion of the good life. (shrink)

Rapid technological advancements such as fMRI have led to the rise of neuroscientific discoveries. Coupled with findings from cognitive psychology, they are claiming to have solved the millennia-old puzzle of moral cognition. If true, our societal structures – and with that the criminal law – would be gravely impacted. This thesis concerns itself with four distinct theories stemming from the disciplines above as to what mechanisms constitute moral judgement: the Stage Model by KOHLBERG, the Universal Moral Grammar Theory by MIKHAIL, (...) the Social Intuitionist Model by HAIDT, and the Dual-Process Theory by GREENE – comparing the findings of the latter to the consequentialist and retributivist theories of punishment present in the American Criminal Law Doctrine. Analysing both a direct (link to deontology) and indirect (link to incompatibilism) approach to discrediting retributivism, I come to the conclusion that while science can have an impact on our morals and thus on the law, the current state of neuroscientific findings are not capable of shattering foundational notions of the criminal law. (shrink)

"Semantic dispositionalism" is the theory that a speaker's meaning something by a given linguistic symbol is determined by her dispositions to use the symbol in a certain way. According to an objection by Kripke, further elaborated in Kusch :156–163, 2005), semantic dispositionalism involves ceteris paribus-clauses and idealisations, such as unbounded memory, that deviate from standard scientific methodology. I argue that Kusch misrepresents both ceteris paribus-laws and idealisation, neither of which factually "approximate" the behaviour of agents or the course of (...) events, but, rather, identify and isolate nature's component parts and processes. An analysis of current results in cognitive psychology vindicates the idealisations involved and certain counterfactual assumptions in science generally. In particular, results suggest that there can be causal continuity between the dispositional structure of actual objects and that of highly idealised objects. I conclude by suggesting that we can assimilate ceteris paribus-laws with disposition ascriptions insofar as they involve identical idealising assumptions. (shrink)

When we say that we interpret customary international law, what is this thing that we actually interpret? Depending on how we answer this question, our view on interpretative methodology will change. It seems that the most promising approach is to say that interpretation of customary international law is an interpretation of certain legal practices. However, here we also encounter some problems. The dominant doctrine of customary international law requiring state practice and opinio juris assumes that only by adding a (...) class='Hi'>psychological element to a regularity of behaviour can we speak of customary international law. That is, opinio juris performs a function of generating both legality and normativity of practices. -/- The article challenges this view by drawing on jurisprudential ideas that define practices as inherently normative. State practices are normative regardless of opinio juris, otherwise they are not practices at all. This view allows to differentiate between two instances of interpretation of customary international law. One is focused on clarification of the normative content of state practices, another is focusing on identification of these practices as legal ones. -/- Interpretation as clarification involves assessing structures of practical reasoning inherent in given practices. Drawing on Joseph Raz's theory of normativity, the article suggests that interpretation of customary rules implies establishing connections between first- and second-order reasons that form the practice and give it meaning. This entails that interpretation of customary international law focuses on dynamics of reasons, their inclusion and exclusion within an existing normative framework. That is, evolutive interpretation of customary international law is not only possible, it is inevitable. -/- Interpretation as identification does not focus on the normative content of practices, but rather involves showing that existing second-order reasons meet a threshold of legal validity. This threshold may take shape of opinio juris, but may as well be treated functionally, when legality of a practice is linked to its relevance in a broader set of legal practices. (shrink)

This article draws upon the civic republican tradition to offer new conceptual resources for the normative assessment of mental capacity law. The republican conception of liberty as non-domination is used to identify ways in which such laws generate arbitrary power that can underpin relationships of servility and insecurity. It also shows how non-domination provides a basis for critiquing legal tests of decision-making that rely upon ‘diagnostic’ rather than ‘functional’ criteria. In response, two main civic republican strategies are recommended for (...) securing freedom in the context of the legal regulation of psychological disability: self-authorisation techniques and participatory shaping of power. The result is a series of proposals for the reform of decisional capacity law, including a transition towards purely functional assessment of decisional capacity, surer legal footing for advanced care planning, and greater control over the design and administration of decision-making capacity laws by those with psychological disabilities. (shrink)

One of the main and currently dominating attempt in theories of philosophical psychology is the way of describing psychological facts as cognitive state of affairs or mental events which could be individuated by the same means as it were natural species. This idea resulted from incapability of the " folk" psychology to give complete and satisfactory scientific explanation by the intentionality approach. The author claims that many certain advantages of the cognitive theories could be disputable if we try to (...) consistently analyze the ways of describing and individuation of entities in such "deeper" theories. And, especially if we can recognize them as spatiotemporally restricted (i .e. historical) entities. This alternative case could be, as it seems, theoretically more appropriate to their subjects: particular thoughts, believes, desires, representations and other mental events would be individuated as genealogically reconstructed subjects which forms potentially stronger explanatory power than in the case of explanations given by covering laws and in accordance with the presupposition of nomological necessity. (shrink)

This paper presents empirical findings from a set of reasoning and mock jury studies presented at the Experimental Psychology Oxford Seminar Series (2010) and the King's Bench Chambers KBW Barristers Seminar Series (2010). The presentation asks the following questions and presents empirical answers using the Lenses of Evidence Framework (Cowley & Colyer, 2010; see also van Koppen & Wagenaar, 1993): -/- Why is mental representation important for psychology? -/- Why is mental representation important for evidence law? -/- Lens 1: The (...) self representation - Key findings -/- Lens 2: The expert representation - Key findings -/- Lens 3: The anchor representation - Key findings -/- Conclusions & Future directions. -/- The series of research essentially explores how people represent evidence in mind and presents key findings now cited in the following literatures: Philosophy of Science, Cognitive Expertise, Behavioural Economics, Cognitive Science, Psychology and Public Policy, & Causation and the Law. (shrink)

Prominent theories of the criminal law borrow heavily from the two leading theories of temptation—the evaluative conception of temptation, which conceives emotion and desire as essentially involving a kind of evaluation, and the mechanistic conception of temptation, which conceives emotion and desire as essentially involving felt motivation. As I explain, both conceptions of temptation are inconsistent with the possibility of akratic action, that is, action contrary to a person’s conscious better judgment. Both are inconsistent with the possibility of akratic action (...) because both are covertly inconsistent with a two-fold psychological assumption that undergirds common beliefs about human action and lies at the heart of the law of criminal responsibility: that resisting a powerful temptation is extremely difficult yet not ordinarily impossible. I reveal these inconsistencies and offer in place of the leading theories of temptation a theory of affective desire as primitive psychic attraction, an elemental psychological state typically accompanied by evaluation and motivation but not reducible to either one. I then show how this theory of desire is consistent with the possibility of akratic action, with the two-fold psychological assumption at the heart of the law of criminal responsibility, and, in particular, with the defense of provocation. (shrink)