This is a response to ten critiques of my 2018 book The Realm of Criminal Law, by Stephen Bero and Alex Sarch, Kim Ferzan, Stuart Green, Doug Husak, Nicola Lacey, Sandra Mayson, Victor Tadros, Patrick Tomlin, Alec Walen, and Gideon Yaffe. I take the opportunity to explain the main aims and themes of the book, to clarify some of its arguments, and to note some of the ways in which those arguments need expansion, development, or revision. Topics discussed include: (...) the usefulness and limits of ‘rational reconstruction’ as a method of normative theorising; public wrongs and the scope of the criminal law; the idea of civil order as central to a political theory of criminal law; wrongness constraints on criminalization; mala prohibita and regulatory offences; the ‘De Minimis’ principle; and criminal law ‘abolitionism’. (shrink)

Epistemology orthodoxy is a purist one in the sense that it separates out the epistemic from the practical. What counts as evidence is independent of what we care about. Which beliefs count as justified and which count as knowledge are independent of our practical concerns. In recent years, many epistemologists have abandoned such purist views and embraced varying degrees of pragmatic encroachment on the epistemic. I survey a variety of these views and explore the main arguments that proponents of pragmatic (...) encroachment have offered in addition to the main criticisms of the pragmatic approach. (shrink)

We are moral apes, a difference between humans and our relatives that has received significant recent attention in the evolutionary literature. Evolutionary accounts of morality have often been recruited in support of error theory: moral language is truth-apt, but substantive moral claims are never true. In this article, we: locate evolutionary error theory within the broader framework of the relationship between folk conceptions of a domain and our best scientific conception of that same domain; within that broader framework, argue that (...) error theory and vindication are two ends of a continuum, and that in the light of our best science, many folk conceptual structures are neither hopelessly wrong nor fully vindicated; and argue that while there is no full vindication of morality, no seamless reduction of normative facts to natural facts, nevertheless one important strand in the evolutionary history of moral thinking does support reductive naturalism—moral facts are facts about cooperation, and the conditions and practices that support or undermine it. In making our case for, we first respond to the important error theoretic argument that the appeal to moral facts is explanatorily redundant, and second, we make a positive case that true moral beliefs are a ‘fuel for success’, a map by which we steer, flexibly, in a variety of social interactions. The vindication, we stress, is at most partial: moral cognition is a complex mosaic, with a complex genealogy, and selection for truth-tracking is only one thread in that genealogy. (shrink)

Businesses increasingly rely on algorithms that are data-trained sets of decision rules (i.e., the output of the processes often called “machine learning”) and implement decisions with little or no human intermediation. In this article, we provide a philosophical foundation for the claim that algorithmic decision-making gives rise to a “right to explanation.” It is often said that, in the digital era, informed consent is dead. This negative view originates from a rigid understanding that presumes informed consent is a static and (...) complete transaction. Such a view is insufficient, especially when data are used in a secondary, noncontextual, and unpredictable manner—which is the inescapable nature of advanced artificial intelligence systems. We submit that an alternative view of informed consent—as an assurance of trust for incomplete transactions—allows for an understanding of why the rationale of informed consent already entails a right to ex post explanation. (shrink)

Philosophical orthodoxy holds that pains are mental states, taking this to reflect the ordinary conception of pain. Despite this, evidence is mounting that English speakers do not tend to conceptualize pains in this way; rather, they tend to treat pains as being bodily states. We hypothesize that this is driven by two primary factors—the phenomenology of feeling pains and the surface grammar of pain reports. There is reason to expect that neither of these factors is culturally specific, however, and thus (...) reason to expect that the empirical findings for English speakers will generalize to other cultures and other languages. In this article we begin to test this hypothesis, reporting the results of two cross-cultural studies comparing judgments about the location of referred pains between two groups—Americans and South Koreans—that we might otherwise expect to differ in how they understand pains. In line with our predictions, we find that both groups tend to conceive of pains as bodily states. (shrink)

Keith DeRose has argued that the two main problems facing subject-sensitive invariantism come from the appropriateness of certain third-person denials of knowledge and the inappropriateness of now you know it, now you don't claims. I argue that proponents of SSI can adequately address both problems. First, I argue that the debate between contextualism and SSI has failed to account for an important pragmatic feature of third-person denials of knowledge. Appealing to these pragmatic features, I show that straightforward third-person denials are (...) inappropriate in the relevant cases. And while there are certain denials that are appropriate, they pose no problems for SSI. Next, I offer an explanation, compatible with SSI, of the oddity of now you know it, now you don't claims. To conclude, I discuss the intuitiveness of purism, whose rejection is the source of many problems for SSI. I propose to explain away the intuitiveness of purism as a side-effect of the narrow focus of previous epistemological inquiries. (shrink)

By the time this essay is published, it will be a matter of weeks before doctors and nurse practitioners in Canada can legally end the lives (by medical assistance in dying, or MAID) of non-dying p...

Proponents of corporate environmental responsibility argue that corporations shortchange shareholders by investing too little in environmental responsibility. They claim that corporations can improve their financial performance by increasing their investment in environmental responsibility. Opponents of corporate social responsibility argue that corporations shortchange shareholders by investing too much in environmental responsibility. They claim that corporations can improve their financial performance by reducing their investment in environmental responsibility. Yet, others claim that corporations serve their shareholders well by investing just enough in social (...) responsibility, not too little and not too much. If so, corporations increase their investment in environmental responsibility when an increase improves financial performance and reduce their investment in environmental responsibility when a decrease improves financial performance. Our evidence is consistent with this last claim. We find that the behavior of corporations is consistent with the claim that they act in the interest of shareholders, increasing or decreasing their investment in environmental responsibility as necessary to improve their financial performance. (shrink)

Philip Kitcher’s The Ethical Project trios to vindicates ethics through an analysis of its evolutionary and cultural history, a history which in turn, he thinks, supports a particular conception of the role of moral thinking and normative practices in human social life. As Kitcher sees it, that role could hardly be more central: most of what makes human life human, and preferable to the fraught and impoverished societies of the great apes, depends on moral cognition. Prom this view of the (...) role of the ethical project as a social technology, Kitcher derives an account of moral progress and even moral truth: a normative analogue of the idea that truth is the convergence of rational enquiry. To Kitcher’s history, I present an anti-history. Most of what is good about human social life depends on the expansion of our social emotions, not on our capacities to articulate and internalise explicit norms. Indeed, since the Holocene and the origins of complex society, normative thought and normative institutions have been more prominent as tools of exploitation and oppression than as mechanisms of a social peace that balances individual desire with collective co-operation. I argue that the vindication project fails in its own terms: even given Kitcher’s distinctive pragmatic concept of vindication, history debunks rather than vindicates moral cognition. (shrink)

This book assesses the real differences between the two conceptions of evolution.

Hempel and Oppenheim have stated in Part III of their paper “Studies in the Logic of Explanation” [2] a set of conditions for deductive explanation. However, their analysis has come under damaging systematic criticisms in a recent paper by Eberle, Kaplan and Montague [1], The principal aim of the present paper is to review the Hempel-Oppenheim analysis and propose a strengthened version of it that avoids the recent criticisms.

In this paper, I argue for a view largely favorable to the Thirder view: when Sleeping Beauty wakes up on Monday, her credence in the coin’s landing heads is less than 1/2. Let’s call this “the Lesser view.” For my argument, I (i) criticize Strict Conditionalization as the rule for changing de se credences; (ii) develop a new rule; and (iii) defend it by Gaifman’s Expert Principle. Finally, I defend the Lesser view by making use of this new rule.

In this study, we examine the philosophical bases of one of the leading clinical psychological methods of therapy for anxiety, anger, and depression, Cognitive Behavioral Therapy (CBT). We trace this method back to its philosophical roots in the Stoic, Buddhist, Taoist, and Existentialist philosophical traditions. We start by discussing the tenets of CBT, and then we expand on the philosophical traditions that ground this approach. Given that CBT has had a clinically measured positive effect on the psychological well-being of individuals, (...) it becomes important to study the philosophical foundations on which this therapy is based. (shrink)

The basic idea of Birch’s analysis is plausible: normative guidance began in agents’ assessment of their own craft skills. But I suggest developing that idea in a different way. I suggest that proto-normative affect plays its guiding role diachronically, in the development of those skills, rather than synchronically, in modulating their moment-by-moment execution. More importantly, I suggest a different pathway to normative affect’s direction at second and third parties. Normative response became social in the context of skilled collaborative activities, for (...) in those activities others’ failures have material consequences for each agent. In such collaborations, all have reason to care about others’ skill, or lack of it. (shrink)

Hutto and Satne identify three research traditions attempting to explain the place of intentional agency in a wholly natural world: naturalistic reduction; sophisticated behaviourism, and pragmatism, and suggest that insights from all three are necessary. While agreeing with that general approach, I develop a somewhat different package, offering an outline of a vindicating genealogy of our interpretative practices. I suggest that these practices had their original foundation in the elaboration of much more complex representation-guided control structures in our lineage and (...) the support and amplification of those control structures through external resources. Cranes became increasingly important in the explanation of systematically successful action. These more complex representational engines coevolved with selection to detect and respond to the control structures of others. Since much of that selection was driven by the advantages of cooperation and coordination, in part these control structures were co-opted as external signals and guarantees, in cooperation and coordination. As the time depth of cooperation and co-ordination extended, these public signals of belief and intent acquired secondary functions, as mechanisms to stabilise and structure control systems, making humans not just more transparent to one another at a time, but more predictable over time. Mindshaping, not just mindreading, became increasingly important in our lineage. (shrink)

The essays collected in this volume address a range of issues that arise when the focus of philosophical reflection on identity is shifted from metaphysical to practical and evaluative concerns. They also explore the usefulness of the notion of narrative for articulating and responding to these issues. The chapters, written by an outstanding roster of international scholars, address a range of complex philosophical issues concerning the relationship between practical and metaphysical identity, the embodied dimensions of the first-personal perspective, the kind (...) of reflexive agency involved in the self-constitution of one’s practical identity, the relationship between practical identity and normativity, and the temporal dimensions of identity and selfhood. In addressing these issues, contributors engage with debates in the literatures on personal identity, phenomenology, moral psychology, action theory, normative ethical theory, and feminist philosophy. (shrink)

Anthropogenic climate change is an existential threat to the people of sinking island states. When their territories inevitably disappear, what, if anything, do the world's remaining territorial st...

ABSTRACTThis paper presents a view of quantities as ‘adverbial’ entities of a certain kind—more specifically, determinate ways, or modes, of having length, mass, speed, and the like. In doing so, it will be argued that quantities as such should be distinguished from quantitative properties or relations, and are not universals but are particulars, although they are not objects, either. A main advantage of the adverbial view over its rivals will be found in its superior explanatory power with respect to both (...) certain fundamental principles of quantity and ordinary quantitative reasoning involving quantitative relations like three times as long as and 2 metres longer than. (shrink)

In the U.S. there has been considerable interest in connecting low-income households to alternative food networks like Community Supported Agriculture. To learn more about this possibility we conducted a statewide survey of CSA members in California. A total of 1149 members from 41 CSAs responded. Here we answer the research question: How do CSA members’ socioeconomic and demographic backgrounds, household conditions potentially interfering with membership, and CSA membership experiences vary between lower-income households and higher-income households? We divided members into LIHHs (...) and HIHHs. We present comparisons of LIHHs’ and HIHHs’ employment, race/ethnicity, household composition and education, use of food support, and enjoyment of food-related activities; conditions interfering with membership and major life events; and sources of information influencing decision to join, reasons for joining, ratings of importance of and satisfaction with various CSA attributes, gaps between importance of and satisfaction with various CSA attributes, valuing of the share and willingness to pay more, and impacts of membership. We find that LIHHs are committed CSA members, often more so than HIHHs, and that CSA members in California are disproportionately white, but that racial disproportionality decreases as incomes increase. We conclude by considering: the economic risks that LIHHs face in CSA membership, the intersection of economic risks with race/ethnicity and cultural coding in CSA; and the possibilities of increasing participation of LIHH in CSA. (shrink)

ABSTRACT:In this article we investigate a philosophical problem for normative business ethics theory suggested by a phenomenon that contemporary psychologists call “bounded ethicality,” which can be identified with the putative fact that well-intentioned people, constrained by psychological limitations, make ethical choices inconsistent with their own ethical beliefs and commitments. When one combines the idea that bounded ethicality is pervasive with the idea that a person morally ought to do something only if she can, it raises a doubt about the practical (...) relevance of the moral principles that business ethics theory prescribes. We call this doubt the Radical Behavioral Challenge. It consists in the idea that people cannot generally conform to the normative ethical principles that business ethics theorists prescribe, and that these principles are therefore practically irrelevant. We answer the Radical Behavioral Challenge and explore normative implications of our answer. (shrink)

In this paper, we provide a Bayesian analysis of the well-known surprise exam paradox. Central to our analysis is a probabilistic account of what it means for the student to accept the teacher's announcement that he will receive a surprise exam. According to this account, the student can be said to have accepted the teacher's announcement provided he adopts a subjective probability distribution relative to which he expects to receive the exam on a day on which he expects not to (...) receive it. We show that as long as expectation is not equated with subjective certainty there will be contexts in which it is possible for the student to accept the teacher's announcement, in this sense. In addition, we show how a Bayesian modeling of the scenario can yield plausible explanations of the following three intuitive claims: (1) the teacher's announcement becomes easier to accept the more days there are in class; (2) a strict interpretation of the teacher's announcement does not provide the student with any categorical information as to the date of the exam; and (3) the teacher's announcement contains less information about the date of the exam the more days there are in class. To conclude, we show how the surprise exam paradox can be seen as one among the larger class of paradoxes of doxastic fallibilism, foremost among which is the paradox of the preface. (shrink)

Humor is a contextual phenomenon that exists in all societies, although the impact of humor may differ across different cultures. The data for this research was collected using an ethnographic approach, incorporating participant observation and semi-structured interviews. Based in three different South Korean organizations, this research offered the opportunity to interact in depth with workers of varying ages, genders, hierarchical levels, and organizational roles. Observations were complimented by 46 in-depth interviews and ad hoc follow-up discussions. This paper adopts a Confucian (...) perspective to understand the perception and use of workplace humor in these South Korean organizations. Confucian philosophy emphasizes the value of formality within society in order to maintain respectful relationships between individuals. We suggest that humor is used in these South Korean workplaces to support traditional Confucian values of harmony and hierarchy, and the changing cultural values in these workplaces influence humor perceptions in complex ways. The Confucian value of harmony maintained through the idea of hierarchy creates pressure for organizational members, to accept and cope with contentious humor in the workplace. In particular, the clash between the need to maintain harmonious relationships in the workplace (through obedience towards superiors) and the desire to reject some types of humor highlights issues for younger organizational members. Internal conflict creates distress for younger employees who may hold more Westernized values and this affects their emotional, psychological well-being. This study presents a cross-cultural perspective to organizational humor, and suggests that humor may not always be a positive experience for organizational members, but instead may create psychological distress in some employees. (shrink)

This book begins with a survey of various readings of Locke as a materialist, as a substance dualist, and as a property dualist, and demonstrates that these inconsistent interpretations result from a general failure of modern commentators to notice the significance of Locke’s ‘mind-body nominalism’. By illuminating this largely overlooked aspect of Locke’s philosophy, this book reveals a common mistake of previous interpretations: that of treating what Locke conceives to be ‘nominal’ as real. The nominal symmetry that Locke posits between (...) mind and body is distinct from any form of metaphysical dualism, whether substance dualism or property dualism. It is a brand of naturalism, but does not insist that the material is ontologically more basic than the mental or that the former determines the latter. On this view, the material and the mental both relate solely to a certain set of functional roles, rather than to an intrinsic property that plays these roles. The term ‘matter’ is thus rendered vague, and materialism is conceived as a precariously grounded ontological doctrine. Elaborating on this interpretation of Locke’s Essay, this book examines the insightful readings of Locke developed by seventeenth- and eighteenth-century thinkers such as Richard Burthogge, William Carroll, and Joseph Priestley. This book also seeks to clarify what Locke’s position would look like in a modern setting by noting some significant parallels with the ideas of leading contemporary philosophers such as Donald Davidson, David Lewis, and Colin McGinn. (shrink)

Common notions of comparative philosophy tend to be strongly configured by the East-West axis. This essay suggests ways of seeing Latin American liberation philosophy as a form of comparative philosophy and an important Latin American thinker as being relevant for East-West political philosophy. The essay focuses on the Peruvian activist and intellectual, José Mariátegui, who is widely regarded to have been a leading Marxist, liberatory, and decolonial figure in 20th century Latin America. Like many “Third World” intellectuals of the interwar (...) years, Mariátegui had an interest in decolonization struggles in Asia and wrote with some consistency on this subject and in ways that bear significantly upon key themes in his political theory. Since very little of this has received commentary, this essay begins a discussion of Mariátegui's decolonial experimentation with ideas about Asia, decolonization, and indigenous cultural forms, like those of the Incas and Confucians. After some preliminary discussion of Euro.. (shrink)

Robust technology infrastructure is needed to enable learning health care systems to improve quality, access, and cost. Such infrastructure relies on the trust and confidence of individuals to share their health data for healthcare and research. Few studies have addressed consumers’ views on electronic data sharing and fewer still have explored the dual purposes of healthcare and research together. The objective of the study is to explore factors that affect consumers’ willingness to share electronic health information for healthcare and research. (...) This study involved a random-digit dial telephone survey of 800 adult Californians conducted in English and Spanish. Logistic regression was performed using backward selection to test for significant associations of each explanatory variable with the outcome variable. The odds of consent for electronic data sharing for healthcare decreased as Likert scale ratings for EHR impact on privacy worsened, odds ratio = 0.74, 95% CI [0.60, 0.90]; security, OR = 0.80, 95% CI [0.66, 0.98]; and quality, OR = 0.59, 95% CI [0.46–0.75]. The odds of consent for sharing for research was greater for those who think EHR will improve research quality, OR = 11.26, 95% CI [4.13, 30.73]; those who value research benefit over privacy OR = 2.72, 95% CI [1.55, 4.78]; and those who value control over research benefit OR = 0.49, 95% CI [0.26, 0.94]. Consumers’ choices about electronically sharing health information are affected by their attitudes toward EHRs as well as beliefs about research benefit and individual control. Design of person-centered interventions utilizing electronically collected health information, and policies regarding data sharing should address these values of importance to people. Understanding of these perspectives is critical for leveraging health data to support learning health care systems. (shrink)

This article responds to a common criticism of Aristotelian naturalism known as the Pollyanna Problem, the objection that Aristotelian naturalism, when combined with recent empirical research, generates morally unacceptable conclusions. In developing a reply to this objection, I draw upon the conception of human nature developed by the ancient Chinese philosopher Mencius, and build up an account of ethical naturalism that provides a satisfying response to the Pollyanna Problem while also preserving what is most attractive about Aristotelian naturalism.

The aims of this book are to “explain the concept of an inalienable right,” “show why it is morally justifiable to ascribe inalienability to some legal rights,” and “examine in more detail some selected rights”. Inalienability of rights is said to be particularly pertinent in bioethics since, for example, if the right to life is inalienable, it would seem that euthanasia and assisted suicide would be impermissible. I will limit my comments to McConnell’s discussions of the first two aims and (...) his discussions on euthanasia and assisted suicide. Given the highly contentious nature of the debate over euthanasia and assisted suicide, the possibility of illuminating that debate through a study of inalienable rights is quite attractive. (shrink)

Abstract of a paper presented in an APA symposium on Supervenience, December 29, 1985.

A common and driving assumption in agricultural research is that the introduction of research trials, new practices and innovative technologies will result in technology adoption, and will subsequently generate benefits for farmers and other stakeholders. In Lao PDR, the potential benefits of introduced technologies have not been fully realised by beneficiaries. We report on an analysis of a survey of 735 smallholder farmers in Southern Lao PDR who were questioned about factors that influenced their decisions to adopt new technologies. In (...) this study, we have constructed measures or states of adoption which identify key elements of an adoption decision-making nexus. Analysis was conducted to statistically group explanatory factors of adoption. The key explanatory factors represented attributes of the farmer, the factors considered when undertaking production decisions and elements of the agricultural value chain that present as opportunities or constraints. We describe the combination of farmer’s personal attributes, perceptions of the value chain, and the introduction of new technologies by external actors as an “agricultural research value chain”, where agricultural research activities intervene to derive greater benefits for local farmers. A generalised linear model, via Poisson regression analysis on the identified explanatory factors, was applied to explore how they influence adoption measures and we found several significant relationships. (shrink)

Chu Hsi (1130-1200) exerted a lasting influence on the thought and life of the Chinese in subsequent cent. The core of his synthesis was moral and social philosophy, but it also included knowledge about the natural world. His doctrine of ke-wu (invest. of things) made him mindful of the specialized knowledged in such "scientific" traditions as astronomy, harmonics, med., etc. This study of Chu Hsi's thought gives a systematic account of the basic concepts of his natural philosophy. Also discusses Chu (...) Hsi's actual knowledge about the natural world. And examines the relation between Chu Hsi and Chinese "scientific" traditions and compares his natural knowledge with that of the Western scientific tradition. (shrink)

New and thoroughly updated, Epistemology: An Anthology continues to represent the most comprehensive and authoritative collection of canonical readings in the theory of knowledge. Concentrates on the central topics of the field, such as skepticism and the Pyrrhonian problematic, the definition of knowledge, and the structure of epistemic justification Offers coverage of more specific topics, such as foundationalism vs coherentism, and virtue epistemology Presents wholly new sections on 'Testimony, Memory, and Perception' and 'The Value of Knowledge' Features modified sections on (...) 'The Structure of Knowledge and Justification', 'The Non-Epistemic in Epistemology', and 'The Nature of the Epistemic' Includes many of the most important contributions made in recent decades by several outstanding authors. (shrink)

In the explanations of logical laws and inference rules of the mature version of Begriffsschrift in Grundgesetze, Frege uses the predicate “… is the True.” Scholars like Greimann maintain that this predicate is a metalinguistic truth-predicate for Frege. This paper examines an argument for this claim that is based on the “nominal reading” of Frege’s conception of sentences—the claim that for Frege a sentence “p” is equivalent to a nonsentential phrase like “the truth-value of the thought that p.” In particular, (...) this paper attempts to establish two points concerning this argument based on the nominal reading. First, the argument implies a claim about the nature of assertion which Frege repeatedly denies in his mature works. Secondly, the nominal reading on which the argument depends is false. A sentence “p” is not equivalent to a nonsentential phrase like “the truth-value of the thought that p” for Frege. Our discussion will lead to an important lesson about Frege’s conception of sentences and of assertion. (shrink)

These comments, which take the form of criticism and response, were the basis of a zoom conversation at the Eastern APA, January 2021. Josh is putting them up on philpapers (with permission from all involved) in case they are helpful to people interested in the themes of this book.

The world is occupied by many and varied things. What constitutes their thingness? In the Essay, Locke addresses this question in Book II, Chapter xxiii, titled ‘Of our Complex Ideas of Substance’, wherein the much-contested definition of ‘substratum’ appears—‘a supposed but unknown support of the Qualities’. Most significant in this definition are the dual qualifiers that Locke uses: ‘supposed’ and ‘unknown’. This paper examines this two-qualifier definition, illuminating the historical and philosophical significance it may have. There have been two rival (...) readings. The first takes Locke’s substratum to be a bare substratum; and the second identifies it with what Locke terms as ‘real essence’—i.e. ‘a real Constitution of the insensible Parts’. Critically reviewing these two major interpretations, I attribute to Locke a type of functionalism, according to which the status of a substratum is determined by its functional role of ‘uniting’ a bundle of qualities into an individual substance. (shrink)