In this paper, I tried to show how Western attitude to reality can be traced to the divisive exclusivist type of mind-set behind Aristotle’s conception of the world. I gesture toward some of the severest consequences of approaching the world with such a mind-set, and how such has complicated matters in some of the major debates in African philosophy. By recourse to ibuanyidanda or complementary philosophy, the author explores ways of addressing some of the challenges approaches of this kind present (...) in view of resolving issues that have relevance for authentic existence. Keywords : Aristotle, ibuanyidanda, complementary ontology, Tempelsian Damage, ihe mkpuchi anya, missing link of reality. (shrink)

This paper avers that most attempts at formulating viable theories in African philosophy are saddled with intrusions of ethnophilosophic and ethnocentric types: The author identifies this as the phenomenon of “unintended ethnocentric commitment”. He uses communalism, a socio-political theory in African philosophy, to illustrate his point. He further argues that overreliance on the method of synthetic deduction - as is widely practised in African philosophy - can impact adversely on the universal outreach of theories and limit our knowledge of the (...) world. The paper contends that any theory that aspires to give us a clearer picture of the world should be in a position to contain the distortions arising from the promptings of sense experience. Likewise, such a theory should show clear evidence ofanalytic insight into the mechanisms and phenomena on the basis of which our knowledge of the world can be broadened and our judgement thereof improved. By recourse to the method and principles of ibuanyidanda (complementary reflection) philosophy, a systematic methodological approach to theory formulation in African philosophy, the author shows how theories in African philosophy can be articulated more resourcefully with a view to upholding their systematic and universal relevance. (shrink)

Academic dishonesty (AD) is a threat to quality education, ethics of professional practices and career outcomes. Psychopathy is connected to AD. This study investigated whether academic confidence (AC) mediates the relationship between psychopathy and AD. University students (N = 335, mean age = 18.38 years) completed measures of relevant variables, in addition to providing demographic details. Results of statistical analysis showed that AC mediated the association between primary psychopathy and AD. Considering the extent of students' belief, trust and expectation that (...) they can execute their academic tasks by themselves could be important target in enhancing ethical behaviors among students. (shrink)

In this paper I examine one line of argument against the claim that (some) suicide may be morally legitimate. This argument appeals to a putative moral principle that it is never licit to assault an innocent human life. I consider some related arguments in St. Augustine and St. Thomas, and I explore two possible senses of “innocent.” I argue that in one sense the putative moral principle is very implausible, and in neither sense is it true that all (...) suicides assault an innocent life. So this line of argument fails to establish the desired universal prohibition of suicide. (shrink)

Innocent I (402-417) addressed Epistula 38 to two Bruttian bishops, Maximus and Severus, in response to a complaint from Maximilianus, an agens in rebus,that these southern Italian bishops had failed to take action against presbyters who fathered children contrary to the requirements of celibacy after ordination and claimed to be ignorant of any policy on this matter. Innocent reminded the two bishops that they needed to attend to their duties. This letter is among the earliest evidence for how (...) the Roman bishop operated in practice as metropolitan of Suburbicarian (and possibly Annonarian) Italy and so this article examines the growth of Rome’s metropolitan authority and concludes from an examination of both context and content of the letter that Innocent did not refer to any formal authority,which grew over time but seems to have been limited to presiding over synods, approving the election and ordination of new bishops, and hearing appeals from deposed bishops outside his province, but was exercising a practical authority as the leading bishop of the area, which he expressed in surprised tones, to direct them to do their duty. (shrink)

While it is impossible to transfigurephilosophical and Judaic thought of EmmanuelLevinas into a moral agenda for education orthe programmatic regularities of a pedagogicalmethodology, this paper argues for theimportance of his work for re-openingeducational questions. These questions engagethe problem of what it could mean to livehistorically, to live within an uprightattentiveness to traces of those who haveinhabited times and places other than one'sown. In this sense, I address the problem ofremembrance as a question of and for history,as a force of inhabitation, (...) as an inheritance weare obligated to live within, that intertwineswith our sense of limits and possibilities,hopes and fears, identities and distinctions.Substantively, this problem is manifest in howone attends to the experiences of others: howone reads, how one views, and how one listens,always historically specific normalizedpractices that in any given epoch are ingrainedin what it means to live in consort withothers, to live as though the lives of otherpeople mattered. The paper seeks to display thefecundity of the thought of Levinas forre-thinking such issues. (shrink)

In a 2020 article published in volume 9, number 1 of [Filosofia Theoretica]_, _Martin F. Asiegbu and Anthony Chinaemerem Ajah questioned the continued relevance of Afro-communalism. They argued that nothing about communalism makes it African. They also demonstrated how the brand of communalism presented as ‘African’, is too reductive, emphasizes conformism and therefore is against the individual and counter-productive for entire societies in Africa. For the above reasons, they summed that communalism with ‘Afro-’ is irrelevant and needs to end. In (...) a 2021 article published in the same journal in response to the initial submission by Asiegbu and Ajah, Enweh held that their take on Afro-communalism was too harsh. He marshalled out five “issues and difficulties” regarding their critique of the concept. Although Enweh’s critique is a worthwhile invitation to a conversation, which clarifies and complements, his proposal for an interpretative rehabilitation of Afro-communalism in the 21 st century is surely wrongheaded. To respond to Enweh, a review of his critique of Asiegbu and Ajah will foreground the attempt to clarify some parts of Asiegbu and Ajah’s initial position. We will assess Enweh’s arguments in terms of the relevance of the rehabilitation he suggested and question the meaning of what Enweh termed the “amity of ethnic nationalities.” We will argue that Enweh was unable to provide sufficient grounds to show that Asiegbu and Ajah’s critique of Afro-communalism was “uninformed… [and] harsh.” We will also demonstrate that his critique of their views was indefensible just as he was unable to explain what he meant by the alternative model he claimed to introduce in the discussion. (shrink)

Using two complementary qualitative methodologies—focus groups and in-depth interviews—this article explores women's fear of crime in a sample of 140 participants. The major argument is that women's fear is exacerbated by stereotypical images of criminals and victims. Although those images are not uniform, some common themes emerged from the participants' narratives: Dominant representations of criminals among all women are those of poor minority men: out-of-control evil strangers who randomly attack their victims. Among all women, images of victims are predominantly those (...) of white middle-class women, who are innocent, submissive, and unable to protect themselves. The consequences of these images are explored in detail. (shrink)

The paper seeks to demystify Nietzsche’s concept of genealogy. Genealogy tells the story of historical origins in the form of a myth that is betrayed fromwithin, while readers have naively assumed it tells a story that Nietzsche endorses—whether of history or naturalized origins. Looked at more closely, genealogy,I claim, tells the story of human consciousness and its extraordinary fallibility. It relates the conditions and limits of consciousness and how these are activelyavoided and forgotten, for the most part in vain. The (...) lessons are these: there is no human time before consciousness; no unconscious activity that is uncontaminated by consciousness or culture; no period of prehistory that isn’t already historical or historicized, hence subject to dehistoricization (for prehistory, Urzeit, always comes after history, in the form of a myth); no primordial “innocence of becoming,” let alone any future condition free of these same constraints. Genealogy is the critique of the myth of knowing critique. (shrink)

In this chapter, I examine Lewis's ideas about ontological innocence, ontological commitment and double-counting, in his discussion of composition as identity in Parts of Classes. I attempt to understand these primarily as epistemic or methodological claims: how far can we get down this route without adopting radical metaphysical theses about composition as identity?

Catholic moral philosophy requires an absolute prohibition against the direct killing of innocents. In this paper I consider some examples of justified actionswhich involve the killing of innocent persons and will present them as cases about which I am confident many others will share the same intuitions. I willthen try to show what conditions apply in such cases that justify those intuitions. I will argue that their justification is in accordance with a modified version of theFinnis, Grisez, Boyle interpretation (...) of the doctrine of double effect; it defends their interpretation of what is direct versus indirect in cases of double effect, and meets the proportionality condition in a way suggested by Philippa Foot regarding the virtues of justice and charity. (shrink)

The core of Christopher Hom and Robert May’s semantic innocence is the thesis that ethnic slurs have empty extensions. Thereby, a slurring term makes any non-negated slurring sentence false. At the same time, Hom and May emphasise that the most important task in the study of slurs is to explain non-xenophobic understanding of slurs. In this paper, I argue that there is a conflict between the two claims. I show this with Kaplanian inferences, which, in my view, are crucial for (...) the non-xenophobic understanding. After all, slurs offend us because we understand them. (shrink)

The concept of moral innocence is frequently referenced in popular culture, ordinary language, literature, religious doctrine, and psychology. The morally innocent are often thought to be morally pure, incapable of wrongdoing, ignorant of morality, resistant to sin, or even saintly. In spite of, or perhaps because of this frequency of use the characterization of moral innocence continues to have varying connotations. As a result, the concept is often used without sufficient heed given to some of its most salient attributes, (...) especially those germane to moral agency and the moral community. In this article I intend to identify these attributes and propose that moral innocence is best defined as an inability to enter the moral community as a result of a trust in moral illusions. The content of the illusions pertains to several factors including one’s role in the moral community, one’s ability to wrong or harm others, the intricacies of one’s moral interaction with others, and the corresponding manifold complexities tangled up with the concepts of good and evil. Maintaining these illusions impedes or even prohibits an appropriate exchange of praise and blame with others. As membership in the moral community requires precisely this ability to engage in such an exchange, moral illusions necessarily give rise to an inability to participate in the moral community. (shrink)

One puzzling feature of talk about properties, propositions and natural numbers is that statements that are explicitly about them can be introduced apparently without change of truth conditions from statements that don't mention them at all. Thus it seems that the existence of numbers, properties and propositions can be established`from nothing'. This metaphysical puzzle is tied to a series of syntactic and semantic puzzles about the relationship between ordinary, metaphysically innocent statements and their metaphysically loaded counterparts, statements that explicitly (...) mention numbers, properties and propositions, but nonetheless appear to be equivalent to the former. I argue that the standard solutions to the metaphysical puzzles make a mistaken assumption about the semantics of the loaded counterparts. Instead I propose a solution to the syntactic and semantic puzzles, and argue that this solution also gives us a new solution to the metaphysical puzzle. I argue that instead of containing more semantically singular terms that aim to refer to extra entities, the loaded counterparts are focus constructions. Their syntactic structure is in the service of presenting information with a focus, but not to refer to new entities. This will allow us to spell out Frege's metaphor of content carving. (shrink)

abstract Michael Otsuka claims that it is impermissible to kill innocent threats because doing so is morally equivalent to killing bystanders. I show that Otsuka's argument conflates killing as a means with treating a person herself as a means. The killing of a person can be a means only if that person is instrumental in the threat to Victim's life. A permission to kill a person as a means will not permit killing bystanders. I also defend a permission to (...) kill innocent threats against Otsuka's Trolley Cases. Otsuka depicts a person tied to an oncoming trolley as a bystander. I argue that such characters are threats whom Victim can permissibly kill. (shrink)

The debate on the ethics of terrorism focuses for the most part on the argument that employing violence against innocents or non-combatants is morally wrong. This point is usually made in combination with a so called narrow definition of terrorism , i.e. one that defines terrorism as exclusively targeting innocents . Yet, some scholars prefer a so called wide definition of terrorism, i.e. they hold that it may well be directed against non-innocents. Leaving from the assumption that terrorism can be (...) directed against non-innocents, in this paper I explore the ethical implications of such a wide definition regarding the possible justifiability of terrorism. As terrorism in this wide sense does not infringe the prohibition against killing innocents it seems, at the first glance, that such terrorism is somewhat less reprehensible or even justifiable. I use the term terrorism as describing an indirect strategy of using fear or terror induced by violent attacks or force (or the threat of its use) against one group of people (direct target) or their property as a means to intimidate and coerce another group of people (indirect target) and influence their actions in order to reach further political objectives. Terrorist acts are the violent acts that form part of such a strategy. I will furthermore distinguish between strong and weak terrorism: When the direct targets are so-called innocents it is strong terrorism; in any other case it is weak terrorism. I focus on the question of whether killing in the course of acts of weak terrorism may be justified, and if so, under what conditions. According to my definition, weak terrorism is characterised by violent acts that are not intentionally directed against so called innocents, i.e. people who cannot be held responsible for the problem the terrorists are fighting and are thus immune from attack. (shrink)

According to influential view, using the criminal law against innocent actions or agents is wrong. In this paper, I consider four related arguments against this view: a debunking argument that suggests that the intuitive appeal of this view may be due to a conflation of different ideas; a counterexamples argument that points out that there are many cases in which using the criminal law against innocent actions ("non mala" actions that are not even "mala prohibita") or agents is (...) justified; a theoretical argument, according to which the force of the reasons for and against using the criminal law is a matter of degree and it is therefore implausible to hold that the latter always defeat the former; and an analogy argument, which holds that it is implausible to maintain that harming innocents is often justified in other contexts but (almost) never in the context of the criminal law. (shrink)

ABSTRACTI offer an interpretation of Nietzsche's striking idea of ‘the innocence of becoming’, and a partial defense of its import, namely, that no one is ever morally responsible or guilty for what they do and that many of the so-called reactive attitudes are misplaced. I focus primarily, though not exclusively, on the arguments as set out in Twilight of the Idols. First, there is Nietzsche's hypothesis, partly psychological and partly historical or anthropological, that the ideas of ‘free’ action or free (...) will, and of responsibility for actions freely chosen or willed, were introduced primarily in order to justify punishment. Call this the Genetic Thesis about Free Will. Second, there is Nietzsche's claim that the moral psychology, or ‘psychology of the will” as he calls it, that underlies this picture is, in fact, false – that, in fact, it is not true that every action is willed or that it reflects a purpose or that it originates in consciousness. Call these, in aggregate, the Descriptive Thesis about the Will. Finally, there is articulation of a programmatic agenda, namely, to restore the ‘innocence of becoming’ by getting rid of guilt and punishment based on guilt – not primarily because ascriptions of guilt and responsibility are false, but because a world understood as ‘innocent’, one understood in terms of ‘natural’ cause and effect, is a better world in which to live. I focus in particular on a reactive attitude often ignored by philosophers, but of crucial importance for Nietzsche, namely, revenge. I aim to explain and defend Zarathustra's recommendation: ‘Enemy’ you shall say, but not villain; sick you shall say, but not scoundrel; fool you shall say, but not ‘sinner.’ Nietzsche's views are contrasted with those of important modern writers on these topics, especially P.F. Strawson and Derk Pereboom. (shrink)

To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web-based technology, we collected a large data set on individuals' responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, both resulting in lives saved and lives lost. Results showed that: (1) patterns of (...) moral judgments were consistent with the principle of double effect and showed little variation across differences in gender, age, educational level, ethnicity, religion or national affiliation (within the limited range of our sample population) and (2) a majority of subjects failed to provide justifications that could account for their judgments. These results indicate that the principle of the double effect may be operative in our moral judgments but not open to conscious introspection. We discuss these results in light of current psychological theories of moral cognition, emphasizing the need to consider the unconscious appraisal system that mentally represents the causal and intentional properties of human action. (shrink)

Feelings of guilt are human emotions that may arise if a person committed an action that contradicts basic moral mores or failed to commit an action that is considered moral according to their ethical standards and values. Psychological scholarship distinguishes between altruistic guilt (AG) and deontological guilt (DG). AG results from having caused harm to an innocent victim, either by acting or failing to act, whereas DG is caused by violating a moral principle. Although physicians may be expected to (...) experience frequent feelings of guilt in their demanding and intensive work, it is surprising to find that this issue has not been explored in the professional literature on medical ethics. To that end, we conducted a qualitative study that included personal in-depth interviews with Sunni Muslim gynaecologists. These doctors provide underground infertility care and perform religiously forbidden treatments involving sex selection and gamete donation. They opened their hearts and spoke about the emotionally taxing pangs of conscience they suffer. Analysing their narratives led us to characterize their feelings of guilt as DG. We discuss the causes for their plight and the way they cope with it, compare DG to the concept of moral distress, and call for future research on clinicians’ feelings of guilt and pangs of conscience. (shrink)

The aim of this paper is twofold. First, I want to re-examine the epistemic status of elaborated delusions. Bortolotti (2016, 2020) claims that they can be epistemically innocent. However, I will show that this type of delusions is more unique than suggested by the existing analyses of their epistemic status. They typically cause more profound harms than other kinds of delusions, and in most cases, it would be counterproductive to classify them as epistemically beneficial or innocent. I will (...) employ predictive and phenomenological models of delusions and the enactivist notion of sensus communis to explain the harms and possible benefits of elaborated delusions and why I think the existing definition does not fully grasp them. Based on this analysis, I will propose changes to the conditions for epistemic innocence. (shrink)

Delusions are defined as irrational beliefs that compromise good functioning. However, in the empirical literature, delusions have been found to have some psychological benefits. One proposal is that some delusions defuse negative emotions and protect one from low self-esteem by allowing motivational influences on belief formation. In this paper I focus on delusions that have been construed as playing a defensive function (motivated delusions) and argue that some of their psychological benefits can convert into epistemic ones. Notwithstanding their epistemic costs, (...) motivated delusions also have potential epistemic benefits for agents who have faced adversities, undergone physical or psychological trauma, or are subject to negative emotions and low self-esteem. To account for the epistemic status of motivated delusions, costly and beneficial at the same time, I introduce the notion of epistemic innocence. A delusion is epistemically innocent when adopting it delivers a significant epistemic benefit, and the benefit could not be attained if the delusion were not adopted. The analysis leads to a novel account of the status of delusions by inviting a reflection on the relationship between psychological and epistemic benefits. (shrink)

Reincarnation has received substantial treatment in African philosophy. The dominant view of African scholars and researchers on the subject is that it is a belief that prevails in African culture. The task of this paper is to revisit Innocent Onyewuenyi’s “philosophical reappraisal” of this African belief. Onyewuenyi’s position is that the African communion with ancestors and their influence on their living descendant’s has been incorrectly labeled “reincarnation” by Western anthropologists. But whereas Onyewuenyi portrays the problem as being one of (...) semantics, I shall in this paper argue that the challenge of explaining African cultural phenomenon is one of hermeneutics. The question is a question of hermeneutics, because its focus is not on whether ancestors are metaphysical entities, but rather on what they mean within African existence. The paper adopts the conversational method of African philosophy endorsed by the Conversational School of Philosophy. It aims to show how conversationalism as a procedure of philosophical discourse plays out within the context of its specific canons. In the final analysis the paper promotes the thesis that there is not a belief in reincarnation in African culture strictly speaking, but a belief in the regeneration of life. For the African, life is not cyclical, it is rather eternal. Keywords: Innocent Onyewuenyi, reincarnation, conversationalism, hermeneutics, African metaphysics, living-dead, regeneration of life. (shrink)

In Stephen Nathanson’s important new book, he offers and defends a definition of terrorism that relies on a conception of innocence that blends both moral innocence and status innocence. I argue that this understanding of innocence needs to be modified in two ways. First, status innocence ought to incorporate the notion of opposition. It is not just in becoming a soldier that one sacrifices status innocence; it is in the context of war or opposition. Second, I argue that moral innocence (...) understood according to a liability-based notion of responsibility is insufficient. It does not address the various relational elements of responsibility. To remedy that gap, I suggest that we add a vulnerability-based notion of responsibility together with the liability-based model for a more complete account of moral innocence. (shrink)

Constrained instrumentalist theories of punishment – those that seek to justify punishment by its good effects, but limit its scope – are an attractive alternative to pure retributivism or utilitarianism. One way in which we may be able to limit the scope of instrumental punishment is by justifying punishment through the concept of duty. This strategy is most clearly pursued in Victor Tadros’ influential ‘Duty View’ of punishment. In this paper, I show that the Duty View as it stands cannot (...) find any moral distinction between the permissible punishment of the guilty and the permissible punishment of the innocent in extreme circumstances, therefore undermining one the key pillars of its intuitive appeal. I canvass several ways to respond to this problem, arguing that a rights forfeiture theory which employs the distinction between rights forfeiture and rights infringement is the best solution. (shrink)

Cis moves to innocence are rhetorical moves by which cisgender feminists falsely position their failure to engage with structures of transmisogyny as epistemically and morally virtuous. The notion derives from Tuck and Yang’s (2012) concept of settler moves to innocence and Mawhinney’s (1998) concept of white moves to innocence. This piece considers the case study of Manne’s (2017) work, in which she purports to offer a unified account of misogyny while explicitly refusing to consider transmisogyny. The justification she provides is (...) that she lacks the “requisite authority to do so.” I identify three functions of Manne’s cis move to innocence: i) to allow her to appear to be in solidarity with trans women and transfeminine people without taking on any of the obligations that requires, ii) to structurally reproduce the epistemic exploitation of trans women and transfeminine people, and iii) to reduce the obligations of allies to affect rather than action. (shrink)

Retributive restrictions are principles of justice according to which what a criminal deserves on account of his individual conduct and character restricts how states are morally permitted to treat him. The main arguments offered in defense of retributive restrictions involve thought experiments in which the state punishes the innocent, a practice known as telishment. In order to derive retributive restrictions from the wrongness of telishment, one must engage in moral argument from generalization. I show how generalization arguments of the (...) same form can be used subversively to derive morally unacceptable conclusions from other scenarios in which the state intentionally inflicts undeserved coercion. For example, our considered moral convictions approve of punishment policies that inflict collateral damage, such as the ubiquitous policy of excluding the family members of inmates from prison facilities outside visiting hours. I present a generalization argument for the conclusion that these policies are seriously unjust. If we firmly believe that these policies are not unjust, then we should put less stock in generalization arguments. We should not use them to support retributive restrictions. This conclusion has broad implications for the theory and practice of criminal justice. (shrink)

According to the view I call `innocent Millianism', that-clauses differing only for occurrences of co-referential names provide the same contribution to the intensional profile of a belief report. It is widely believed by friends and foes of innocent Millianism alike that this approach entails either the denial of what I label a `naïve' account ofbelief reports, or a dismissive attitude towards our semantic intuitions. In this essay, I counter that the conjunction of innocent Millianism and the naïve (...) view of belief reports is compatible with our intuitions of truth-conditions. In order to defend this conclusion, I defend an independently motivated approach, in which utterances endowed of the same intension may nevertheless differ in truth-conditions. (shrink)

Quine taught us the difference between a theory’s ontology and its ideology. Ontology is the things a theory’s quantifiers must range over if it is true, Ideology is the primitive concepts that must be used to state the theory. This allows us to split the theoretical virtue of parsimony into two kinds: ontological parsimony and ideological parsimony. My goal is help illuminate the virtue of ideological parsimony by giving a criterion for ideological innocence—a rule for when additional ideology does not (...) count against parsimony. I propose the expressive power innocence criterion: if the ideology of theory one is expressively equivalent to that of theory two, then neither is ideologically simpler than the other. In its favor I offer the argument from accuracy, showing that any account of a theoretical virtue that is supposed to make theories that have it more likely to be true than theories that do not must respect it. Next I consider its ramifications, eliminating rival views and passing judgment on some arguments from parsimony that can be found in the literature. Finally, I consider two objections. First: I address an objection arising from the possibility of languages with a ‘primitive’ operator that allows us to list a theory’s primitives in the object-language. Second: I address an objection raised by Nelson Goodman against attempts to reckon simplicity by expressive power. Both objections fail. (shrink)

I begin with the story told by Herman Melville in his short novel, Billy Budd.The year is 1797. Britain is engaged in a long and bitter war against France, and the British war effort has been threatened by two naval mutinies: the Nore Mutiny and the mutiny at Spithead. The scene is His Majesty’s Ship, the Indomitable, and the central character is Billy Budd, sailor. Billy Budd is a young man of exceptional beauty, both physical and moral, whose only flaw (...) is a stammer. He is loved by all his fellow sailors except the master-at-arms, John Claggart. The incarnation of evil, Claggart recognises in Billy the incarnation of goodness, and is consumed by a jealousy which leads him to accuse Billy (falsely) of inciting the crew to mutiny. Alone with Claggart and the ship’s Captain, Edward Vere, Billy hears the lying charge against him. He is enraged, but his stammer prevents him from responding in words. He strikes Claggart, and the blow is fatal. Billy Budd, sailor, has killed the master-at-arms of one of His Majesty’s ships on active service, and the penalty for this is death. (shrink)

One recent development in epistemology, the philosophical study of knowledge, is the notion of ‘epistemic innocence’ introduced by Bortolotti and colleagues. This concept expresses the idea that certain suboptimal cognitive processes may nonetheless have epistemic (knowledge-related) benefits. The idea that delusion or confabulation may have psychological benefits is familiar enough. What is novel and interesting is the idea that such conditions may also yield significant and otherwise unavailable epistemic benefits. I apply the notion of epistemic innocence to research on the (...) transformative potential of psychedelic drugs. The popular epithet ‘hallucinogen’ exemplifies a view of these substances as fundamentally epistemically detrimental. I argue that the picture is more complicated and that some psychedelic states can be epistemically innocent. This conclusion is highly relevant to policy debates about psychedelic therapy. Moreover, analysing the case of psychedelics can shed further light on the concept of epistemic innocence itself. (shrink)

At criminal trial, we demand that those accused of criminal wrongdoing be presumed innocent until proven guilty beyond any reasonable doubt. What are the moral and/or political grounds of this demand? One popular and natural answer to this question focuses on the moral badness or wrongness of convicting and punishing innocent persons, which I call the direct moral grounding. In this essay, I suggest that this direct moral grounding, if accepted, may well have important ramifications for other areas (...) of the criminal justice process, and in particular those parts in which we (through our legislatures and judges) decide how much punishment to distribute to guilty persons. If, as the direct moral grounding suggests, we should prefer under-punishment to over-punishment under conditions of uncertainty, due to the moral seriousness of errors which inappropriately punish persons, then we should also prefer erring on the side of under-punishment when considering how much to punish those who may justly be punished. Some objections to this line of thinking are considered. (shrink)

I argue that a compelling way to articulate what is wrong with racial profiling in policing is to view racial profiling as a violation of the presumption of innocence. I discuss the communicative nature of the presumption of innocence as an expression of social trust and a protection against the social condemnation of being undeservingly investigated, prosecuted, and convicted for committing a crime. I argue that, given its communicative dimension, failures to extend the presumption of innocence are an expression of (...) disrespect. I take the New York Police Department’s stop-and-frisk policy as an example of racial profiling and argue that its use of race-based forms of suspicion as reasons for making stops is a violation of the presumption of innocence. I maintain that this systemic failure to extend the presumption of innocence to profiled groups reveals the essentially disrespectful nature of the NYPD policy. (shrink)

Phenomenal consciousness can be conceptualized innocently enough that its existence should be accepted even by philosophers who wish to avoid dubious epistemic and metaphysical commitments such as dualism, infallibilism, privacy, inexplicability, or intrinsic simplicity. Definition by example allows us this innocence. Positive examples include sensory experiences, imagery experiences, vivid emotions, and dreams. Negative examples include growth hormone release, dispositional knowledge, standing intentions, and sensory reactivity to masked visual displays. Phenomenal consciousness is the most folk-psychologically obvious thing or feature that the (...) positive examples possess and that the negative examples lack, and which preserves our ability to wonder, at least temporarily, about antecedently unclear issues such as consciousness without attention and consciousness in simpler animals. As long as this concept is not empty, or broken, or a hodgepodge, we can be phenomenal realists without committing to dubious philosophical positions. (shrink)

Although people generally agree that innocent targets of culpable aggression are justified in harming the aggressors in self-defence, there is considerable disagreement regarding whether innocents are justified in defending themselves when their doing so would harm other innocent people. I argue in this essay that harming innocent aggressors and active innocent threats in self-defence is indeed justified under certain conditions, but that defensive actions in such cases are justified as permissions rather than as claim rights. This (...) justification therefore differs from that of self-defence against culpable aggressors, since defensive acts of the latter type are justified as claim rights rather than mere permissions. I argue, however, that the two justifications are alike in that both rest on considerations of distributive justice. (shrink)

Commonsense moral thought holds that what makes terrorism particularly abhorrent is the fact that it tends to be directed toward innocent victims. Yet contemporary philosophers tend to doubt that the concept of innocence plays any significant role here, and to deny that prohibitions against targeting noncombatants can be justified through appeal to their moral innocence. I argue, however, that the arguments used to support these doubts are ultimately unsuccessful. Indeed, the philosophical positions in question tend to misunderstand the justification (...) of both the prohibition against targeting noncombatants, and that of the permission to attack combatants, for which the paper offers a new account. Such misunderstandings make it all too easy to justify both terrorist actions and morally objectionable actions on the part of nations at war. Taking proper account of the role of innocence in the context of armed conflict will alter our ordinary ways of thinking about the ethics of war, with respect to both jus in bello and jus ad bellum. (shrink)

I presented an earlier version of this paper to the Law and Philosophy Discussion Group in Los Angeles, whose members I would like to thank for their comments. In addition, I would also like to thank the following people for reading and providing written or verbal commentary on earlier drafts: Robert Mams, Rogers Albritton, G. A. Cohen, David Copp, Matthew Hanser, Craig Ihara, Brian Lee, Marc Lange, Derk Pereboom, Carol Voeller, and the Editors of Philosophy & Public Affairs. I owe (...) special thanks to Timothy Hall and Seana Shiffnn for their insightful and helpful comments. (shrink)

The presumption of innocence has often been understood as a doctrine that can be explained primarily by instrumental concerns relating to accurate fact-finding in the criminal trial and that has few if any implications outside the trial itself. In this paper, I argue, in contrast, that in a liberal legal order everyone has a right to be presumed innocent simply in virtue of being a person. Every person has a right not to be subjected to criminal punishment unless and (...) until he or she has done something that is criminally wrong. Since disagreements about allegations of criminal wrongdoing are inevitable, the liberal legal order requires a process for determining whether wrongdoing has occurred. In order to preserve the right not to be punished without wrongdoing, the accused person must be presumed innocent throughout this process. The presumption of innocence is therefore as much a basic human right as, for example, the right to bodily integrity or the right to freedom of expression. Specifications of and limitations on the right should therefore be justified not primarily in terms of their instrumental effectiveness in fact-finding or crime control but in terms of the role of the criminal process in a liberal legal order. I consider some implications of this view of the presumption of innocence for the pre-trial process and for substantive criminal law. I argue that the presumption of innocence, understood as a basic human right, should condition the entire pre-trial process; it has, however, minimal implications for the definition of offences. (shrink)

The article identifies a problem in socio-cultural-historical activity theory (SCHAT) with ignoring how hope and power constitute the theory itself, and suggests that this is why the tradition faces a bad choice between functionalist or utopianist reductions of its own social relevance. Currently, remedies for this kind of (perhaps shammed) innocence can be found in Foucauldian and Latourian approaches to knowledge. However, since these appear to presuppose the (often feigned) cynicism of a purely negative standpoint that fits all too smoothly (...) into the neoliberal management it describes, this presents us with an impossible choice or oscillation at another level. To get beyond it, we need the frankly self-reflected standpoint of ideology critique and the articulation of ‘concrete utopia’, i.e. real possibilities for social transformation. The approach is then realized and exemplified as part of an emergent practice research in the field of drug treatment. The field is broadly described as moving toward certain kinds of recognition of users’ standards, but also as filled with paradoxes that allow us to intervene with theory. One of these (sets of) paradoxes concerns the relations between state and civil (bourgeois) society that are played out in drug treatment. Contrary to the doxa of New Public Management, the (welfare) state’s normative power has not dissolved, only hides from itself. An immanent critique of practices and ideas in the field leads to the suggestion that its forms of recognition imply both submission of users, and the creation of positive standards and collectives. To intervene in this set of issues, we must expand the SCHAT reading of its own Hegelian-Marxist legacy, against the dominant liberal and scientistic trend, to engage with theories of recognition. A contemporary, participatory concept of recognition is sketched, which seeks to sublate (include and supersede) submission into the building of the generalizing ethics of a collective. (shrink)

In this paper I explore the nature of confabulatory explanations of action guided by implicit bias. I claim that such explanations can have significant epistemic benefits in spite of their obvious epistemic costs, and that such benefits are not otherwise obtainable by the subject at the time at which the explanation is offered. I start by outlining the kinds of cases I have in mind, before characterising the phenomenon of confabulation by focusing on a few common features. Then I introduce (...) the notion of epistemic innocence to capture the epistemic status of those cognitions which have both obvious epistemic faults and some significant epistemic benefit. A cognition is epistemically innocent if it delivers some epistemic benefit to the subject which would not be attainable otherwise because alternative (less epistemically faulty) cognitions that could deliver the same benefit are unavailable to the subject at that time. I ask whether confabulatory explanations of actions guided by implicit bias have epistemic benefits and whether there are genuine alternatives to forming a confabulatory explanation in the circumstances in which subjects confabulate. On the basis of my analysis of confabulatory explanations of actions guided by implicit bias, I argue that such explanations have the potential for epistemic innocence. I conclude that epistemic evaluation of confabulatory explanations of action guided by implicit bias ought to tell a richer story, one which takes into account the context in which the explanation occurs. (shrink)

When the state aims to prevent responsible and dangerous actors from harming its citizens, it must choose between criminal law and other preventive techniques. The state, however, appears to be caught in a Catch-22: using the criminal law raises concerns about whether early inchoate conduct is properly the target of punishment, whereas using the civil law raises concerns that the state is circumventing the procedural protections available to criminal defendants. Andrew Ashworth has levied the most serious charge against civil preventive (...) regimes, arguing that they evade the presumption of innocence. After sketching out a substantive justification for a civil, preventive regime, I ask what Ashworth’s challenge consists in. It seems that there is broad disagreement over the meaning and requirements of the presumption of innocence. I thus survey the myriad possibilities and extract two claims that have potential bearing on preventive regimes. One claim is that of substantive priority—the criminal law comes first when assessing blame. This is the claim at the root of objections to pretrial detention based on consideration of the crime charged. The second strand of argument is one of procedural symmetry. This is the concern that with respect to citizen/state relations, certain procedures are required, including, for example, proof beyond a reasonable doubt as to the offense or defense. Having extracted these claims, I then assess their applicability with respect to the preventive regime defended. I first conclude that the criminal law must share blame and censure with other fora, and thus, the criminal law only has substantive priority when criminal proceedings have been instituted. I then survey whether procedural symmetry is required, specifically assessing whether the preventive regime I defend requires proof beyond a reasonable doubt. My tentative conclusion is that proof beyond a reasonable doubt is warranted. (shrink)

Recent literature on epistemic innocence develops the idea that a defective cognitive process may nevertheless merit special consideration insofar as it confers an epistemic benefit that would not otherwise be available. For example, confabulation may be epistemically innocent when it makes a subject more likely to form future true beliefs or helps her maintain a coherent self-concept. I consider the role of confabulation in typical cases of interpersonal gaslighting, and argue that confabulation will not be epistemically innocent in (...) such cases even if it does preserve a coherent self-concept or belief-set for the subject. Analyzing the role of confabulation in gaslighting illustrates its role in on-going interpersonal relationships, and augments already growing evidence that confabulation may be quite widespread. The role of confabulation in gaslighting shows that whether confabulation confers epistemic benefits will depend greatly on the interpersonal context in which it is deployed, while whether a coherent self-concept is epistemically beneficial will depend to a great extent on the content of that self-concept. This shows that the notion of an epistemically harmful or beneficial feature of a cognitive process can and should be further clarified, and that doing so has both theoretical and practical advantages in understanding epistemic innocence itself. (shrink)

ABSTRACTEmpiricists about monothematic delusion formation agree that anomalous experience is a factor in the formation of these attitudes, but disagree markedly on which further factors need to be specified. I argue that epistemic innocence may be a unifying feature of monothematic delusions, insofar as a judgment of epistemic innocence to this class of attitudes is one that opposing empiricist accounts can make. The notion of epistemic innocence allows us to tell a richer story when investigating the epistemic status of monothematic (...) delusions, one which resists the trade-off view of pragmatic benefits and epistemic costs. Though monothematic delusions are often characterized by appeal to their epistemic costs, they can play a positive epistemic role, and this is a surprising conclusion on which, so I argue, all empiricists can agree. Thus, I show that all empiricists have the notion of epistemic innocence at their disposal. (shrink)

Ovaj rad predstavlja studiju iz praktičke etike u kojoj se kritizira ne tako davna odluka njemačkog Federalnog ustavnog suda prema kojoj je protuzakonito oboriti oteti avion s taocima koji će se sigurno zabiti u zgradu punu civila. Strategija argumentacije jest da se prvo nabroje okolnosti u kojima se usmrćivanje nevinih ljudi čini opravdanim te da se zatim navedu konzekvencijalistička i deontološka načela koja takvo što pokušavaju opravdati. Nakon toga utvrđuje se u koju od tih vrsta slučajeva spada situacija koja se (...) u radu istražuje, te se analizira što bi o tome reklo svako od navedenih moralnih načela. Zaključak jest da bi se sve uvjerljive moralne teorije, bez obzira na njihova inače mnogobrojna neslaganja, složile oko toga da oteti avion s taocima u takvim okolnostima treba oboriti. Iako nema pokušaja da se izloži opća teorija o ubijanju nevinih, na temelju istraženog slučaja nudi se i ideja o tome kako bi prihvatljiva teorija tog tipa možda mogla izgledati.This work is an exercise in practical ethics that criticizes a decision of the German Federal Constitutional Court according to which it is unlawful to crush down a highjacked plan with hostages, which is certain to hit a building full of civilians. The argumentation strategy is to enumerate circumstances in which killing the innocent seems justified, and then to list consequentialist and deontological principles that try to show that doing this may be the right thing to do. After that it is investigated under which category does the case under the analysis belong and what would all of the listed moral principles say about it. The conclusion is that all convincing moral theories would, despite their otherwise numerous disagreements, agree that the highjacked plane with hostages should be destroyed before it hits the building. Although there is no attempt at a general theory on killing the innocent here, one hint at such a theory is offered on the basis of the present analysis. (shrink)