You can't be convicted of a crime without a guilty act and a guilty mind." A lawyer might dress the same idea up in Latin: "You can't be convicted of a crime without actus reus and mens rea." Things like that are often said, but what do people mean when they say them? Guilty Acts, Guilty Minds proposes an understanding of mens rea and actus reus as limits on the authority of a state, and in particular the authority of a (...) democratic state, to ascribe guilt through positive law to those accused of crime. Actus reus and mens rea are necessary conditions, among others, for the legitimacy, as distinct from the justice, of state punishment. The actus reus requirement disables a democratic state from using its authority, on the one hand, to ascribe guilt to those who didn't realize they were committing a crime, provided they lacked the capacity to realize they were committing a crime; and on the other, to ascribe guilt to those who realized they were committing a crime, but who lacked the capacity to conform their conduct to the requirements of law. The mens rea requirement disables a democratic state from using its authority, on the one hand, to ascribe guilt to those who didn't realize they were committing a crime, provided their ignorance manifested no lack of law-abiding concern for the law and its ends, and on the other, to ascribe guilt to those who realized they were committing a crime, but whose failure to conform to the law nonetheless manifested no lack of law-abiding concern for the law and its ends. (shrink)

Introduction -- Part I: Willing as practical knowing -- The will and practical judgment -- Fundamental practical judgments : the wish for happiness -- Part II: From presuppositions of judgment to the idea of a categorical imperative -- The formal presuppositions of practical judgment -- Constraints on willing -- Part III: Interpretation -- The categorical imperative -- Applications -- Conclusion.

From Descartes to Popper, philosophers have criticized and tried to improve the strategies of reasoning invoked in science and in everyday life. In recent years leading cognitive psychologists have painted a detailed, controversial, and highly critical portrait of common sense reasoning. Stephen Stich begins with a spirited defense of this work and a critique of those writers who argue that widespread irrationality is a biological or conceptual impossibility.Stich then explores the nature of rationality and irrationality: What is it that (...) distinguishes good reasoning from bad? He rejects the most widely accepted approaches to this question approaches which unpack rationality by appeal to truth, to reflective equilibrium or conceptual analysis. The alternative he defends grows out of the pragmatic tradition in which reasoning is viewed as a cognitive tool. Stich's version of pragmatism leads to a radical epistemic relativism and he argues that the widespread abhorrence of relativism is ill founded. (shrink)

The essays in this volume make it abundantly clear that there is no shortage of disagreement about the plausibility of the simulation theory. As we see it, there are at least three factors contributing to this disagreement. In some instances the issues in dispute are broadly empirical. Different people have different views on which theory is favored by experiments reported in the literature, and different hunches about how future experiments are likely to turn out. In 3.1 and 3.3 we will (...) consider two cases that fall under this heading. With a bit of luck these disputes will be resolved as more experiments are done and more data become available. Faulty arguments are a second source of disagreement. In 3.2 and 3.4 we will set out two dubious arguments advanced by our critics and try to explain exactly why we think they are mistaken. The third source of disagreement is terminological. Terms like "theory-theory," "simulation theory" and a number of others are often not clearly defined, and they are used in different ways by different authors. (Worse yet, we suspect they are sometimes used in different ways by a single author on different occasions). Thus it is sometimes the case that what appears to be a substantive disagreement turns out to be simply a verbal dispute. Moreover, since the labels "theory-theory" and "simulation theory" are each used to characterize a broad range of theories, it may well turn out that some of the theories falling under both headings are correct. In Sections 1 and 2, we will set out a variety of different views for which the labels "theory-theory" and "simulation theory" might be used. As we proceed we'll point out a number of places where disagreements diminish when distinctions among different versions of the theory-theory and the simulation theory are kept clearly in mind. (shrink)

Recent accounts of pretense have been underdescribed in a number of ways. In this paper, we present a much more explicit cognitive account of pretense. We begin by describing a number of real examples of pretense in children and adults. These examples bring out several features of pretense that any adequate theory of pretense must accommodate, and we use these features to develop our theory of pretense. On our theory, pretense representations are contained in a separate mental workspace, a Possible (...) World Box which is part of the basic architecture of the human mind. The representations in the Possible World Box can have the same content as beliefs. Indeed, we suggest that pretense representations are in the same representational ``code'' as beliefs and that the representations in the Possible World Box are processed by the same inference and UpDating mechanisms that operate over real beliefs. Our model also posits a Script Elaborator which is implicated in the embellishment that occurs in pretense. Finally, we claim that the behavior that is seen in pretend play is motivated not from a ``pretend desire'', but from a real desire to act in a way that ®ts the description being constructed in the Possible World Box. We maintain that this account can accommodate the central features of pretense exhibited in the examples of pretense, and we argue that the alternative accounts either can't accommodate or fail to address entirely some of the central features of pretense. q 2000 Elsevier Science B.V. All rights reserved. (shrink)

Over the last two decades, debates over the viability of commonsense psychology have been center stage in both cognitive science and the philosophy of mind. Eliminativists have argued that advances in cognitive science and neuroscience will ultimately justify a rejection of our "folk" theory of the mind, and of its ontology. In the first half of this book Stich, who was at one time a leading advocate of eliminativism, maintains that even if the sciences develop in the ways that eliminativists (...) foresee, none of the arguments for ontological elimination are tenable. Rather than being resolved by science, he contends, these ontological disputes will be settled by a pragmatic process in which social and political considerations have a major role to play. In later chapters, Stich argues that the widespread worry about "naturalizing" psychological properties is deeply confused, since there is no plausible account of what naturalizing requires on which the failure of the naturalization project would lead to eliminativism. He also offers a detailed analysis of the many different notions of folk psychology to be found in philosophy and psychology, and argues that simulation theory, which purports to be an alternative to folk psychology, is not supported by recent experimental findings. (shrink)

During the last dozen years, Daniel Dennett has been elaborating an interconnected – and increasingly influential – set of views in the philosophy of mind, the philosophy of psychology, and those parts of moral philosophy that deal with the notions of freedom, responsibility, and personhood. The central unifying theme running through Dennett's writings on each of these topics is his concept of an intentional system. He invokes the concept to “legitimize” mentalistic predicates ("Brainstorms", p. xvii), to explain the theoretical strategy (...) of cognitive psychology and artificial intelligence, and, ultimately, to attempt a reconciliation between “our vision of ourselves as responsible, free, rational agents, and our vision of ourselves as complex parts of the physical world of science” (BS, p. x). My goal in this paper is to raise some doubts about the “intentional coin” (BS, p. xviii) with which Dennett proposes to purchase his moral and “mental treasures.”. (shrink)

1. When we attribute beliefs, desires, and other states of common sense psychology to a person, or for that matter to an animal or an artifact, we are assuming or presupposing that the person or object can be treated as an intentional system. 2. An intentional system is one which is rational through and through; its beliefs are those it ought to have, given its perceptual capacities, its epistemic needs, and its biography…. Its desires are those it ought to have, (...) given its biological needs and the most practicable means of satisfying them…. And its behavior will consist of those acts that it would be rational for an agent with those beliefs and desires to perform. [beliefs + desires  action] 3. If rationality is absent, we cannot coherently ascribe beliefs at all. 4. Therefore, no experiment could demonstrate that people systematically invoke invalid or irrational inferential strategies. (shrink)

In a recent paper, Joshua Knobe (2019) offers a startling account of the metaphilosophical implications of findings in experimental philosophy. We argue that Knobe’s account is seriously mistaken, and that it is based on a radically misleading portrait of recent work in experimental philosophy and cultural psychology.

Joseph LaPorte in an article on `Kind and Rigidity'(Philosophical Studies, Volume 97) resurrects an oldsolution to the problem of how to understand the rigidityof kind terms and other general terms. Despite LaPorte'sarguments to the contrary, his solution trivializes thenotion of rigidity when applied to general terms. Hisarguments do lead to an important insight however. Thenotions of rigidity and non-rigidity do not usefullyapply at all to kind or other general terms. Extendingthe notion of rigidity from singular terms such as propernames to (...) general terms such as natural kind terms is amistake. (shrink)

Linda burns in her article 'vagueness and coherence' ("synthese" 68) claims to solve the sorites paradox. Her strategy consists in part in arguing that vague terms involve loose rather than strict tolerance principles. Only strict principles give rise to the sorites paradox. I argue that vague terms do indeed involve paradox-Generating strict tolerance principles, Although different ones from those burns considers. The sorites paradox remains unsolved.

Conventional agriculture, while nested in nature, has expanded production at the expense of water in the Midwest and through the diversion of water resources in the western United States. With the growth of population pressure and concern about water quality and quantity, demands are growing to alter the relationship of agriculture to water in both these locations. To illuminate the process of change in this relationship, the author builds on Buttel’s (Research in Rural Sociology and Development 6: 1–21, 1995) assertion (...) that agriculture is transitioning to a post “green revolution” period where farmers are paid for conservation, and employs actor network theory (Latour and Woolgar Laboratory life: The construction of scientific facts. Princeton, NJ: Princeton University Press, 1986) and the advocacy coalition framework (Sabatier and Jenkins-Smith, Policy change and learning: An advocacy coalition approach, 1–56. Boulder, CO: Westview Press, 1993) to frame discussions of water and agriculture in the upper Mississippi River watershed, particularly Iowa. The author concludes that contested views of agriculture and countryside, as well as differing views of how agriculture must change to adapt to growing water concerns, will shape coalitions that will ultimately play a significant role in shaping the future of agriculture. (shrink)

This essay grows out of the conviction that recent work by psychologists studying human reasoning has important implications for a broad range of philosophical issues. To illustrate our thesis we focus on Nelson Goodman's elegant and influential attempt to "dissolve" the problem of induction. In the first section of the paper we sketch Goodman's account of what it is for a rule of inference to be justified. We then marshal empirical evidence indicating that, on Goodman's account of justification, patently invalid (...) inferential rules turn out to be "justified." We conclude that something is seriously wrong with Goodman's story about justification. In the second section we attempt to patch Goodman's account. The notion of epistemic authority and the social aspect of justification play central roles in the alternative account of justification that we propose. (shrink)

This volume is a collection of new and previously published essays focusing on one of the most exciting and actively discussed topics in contemporary philosophy: naturalistic theories of mental content. The volume brings together important papers written by some of the most distinguished theorists working in the field today. Authors contributing to the volume include Jerry Fodor, Ruth Millikan, Fred Dretske, Ned Block, Robert Cummins, and Daniel Dennett.

The debate over recombinant DNA research is a unique event, perhaps a turning point, in the history of science. For the first time in modern history there has been widespread public discussion about whether and how a promising though potentially dangerous line of research shall be pursued. At root the debate is a moral debate and, like most such debates, requires proper assessment of the facts at crucial stages in the argument. A good deal of the controversy over recombinant DNA (...) research arises because some of the facts simply are not yet known. There are many empirical questions we would like to have answered before coming to a decision-questions about the reliability of proposed containment facilities, about the viability of enfeebled strains of E. coli, about the ways in which pathogenic organisms do their unwelcome work, and much more. But all decisions cannot wait until the facts are available; some must be made now. It is to be expected that people with different hunches about what the facts will turn out to be will urge different decisions on how recombinant DNA research should be regulated. However, differing expectations about the facts have not been the only fuel for controversy. A significant part of the current debate can be traced to differences over moral principles. Also, unfortunately, there has been much unnecessary debate generated by careless moral reasoning and a failure to attend to the logical structure of some of the moral arguments that have been advanced. (shrink)

Donald Davidson did it. He did it slowly, deliberately, in more than a half dozen widely noted essays. What he did was to elaborate a program for the study of empirical semantics. Nor did he stop there. He went on to apply his program to some of the problems that have long bedeviled semantics: action sentences, indirect discourse and propositional attitudes. My goal in this paper is to assess Davidson's achievement. The first step is to assemble the program from the (...) sketches and hints scattered among Davidson's papers. This is the project of my first section where my aim is sympathetic exposition. Since Davidson sometimes seems to be playing a game of hide and seek with his reader, my reconstruction of his program and arguments is of necessity occasionally speculative. In the second section my stance turns critical. There are anomalies in the program; the sort of theory Davidson advocates is not the sort delivered. When the problems are pushed, I think the program loses whatever initial plausibility it may have had. It is my contention that Davidson has provided no serious framework for the empirical study of natural language. (shrink)

The conference on Health, Law and Human Rights: Exploring the Connections held last fall in Philadelphia was a telling moment in the complex history of a movement — the “health and human rights movement” for want of a better term — inaugurated by the pioneering work of Jonathan Mann, whose memory the Conference honored. The François-Xavier Bagnoud Center for Health and Human Rights — founded by Mann and carrying on his legacy — was pleased to co-sponsor the conference. The conference (...) and this symposium issue containing the main papers provide an excellent opportunity to take stock of that movement by means of a commentary based on the papers. This commentary is made from a resolutely human rights perspective, with the aim of engaging the authors in a dialogue on whether and to what extent each article advances knowledge about the interconnectedness and mutually reinforcing character of health and human rights, which is the lasting legacy of Jonathan Mann. (shrink)

Normativity is what gives reasons their force, makes words meaningful, and makes rules and laws binding. It is present whenever we use such terms as ‘correct,' ‘ought,' ‘must,' and the language of obligation, responsibility, and logical compulsion. Yet normativists, the philosophers committed to this idea, admit that the idea of a non-causal normative realm and a body of normative objects is spooky. Explaining the Normative is the first systematic, historically grounded critique of normativism. It identifies the standard normativist pattern of (...) argument, and shows how this pattern depends on circularities, assumptions about the unique correctness of preferred descriptions, problematic transcendental arguments, and regress arguments that end in mysteries. The book considers in detail a paradigm case: legal normativity as constructed by Hans Kelsen. This case exemplifies the problems with normativist arguments. But it also shows how normativism was constructed as an alternative to ordinary social science explanation. The normativist argument is that social science explanations themselves are forced to rely on normative conceptsÑminimally, on normative rationality and on a normative view of ‘concepts' themselves. Empathic understanding of the reasoning and meanings of others, however, can solve the regress problems about meaning and rationality that are central to the appeal of normativism. This account has no need for a parallel normative world, and has a surprising and revealing lineage in the history of philosophy, as well as a basis in neuroscience. (shrink)

Noam Chomsky's rationalist account of the human mind has won many adherents and attracted many critics. What has been little noticed on either side of the debate is that Chomsky's rationalism is best viewed as a pair of quite distinct doctrines about the mental mechanisms responsible for language acquisition. One of these doctrines, the one I will call rigid rationalism, entails the other, which I call anti-empiricism, but the entailment is not mutual. Rigid rationalism is much the stronger of the (...) two. What is more, the argument Chomsky offers for rigid rationalism is quite distinct from the argument for anti-empiricism. In the first section of this paper I will set out what I take to be the most favourable interpretation of each of these doctrines, along with the argument supporting it. (shrink)

This short review examines the work of four Canadian scholars addressing a variety of questions about criminal responsibility. The essays under review are a small part of a recent collection of essays entitled “Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law.”.

In several recent publications (Sampson [1978], [1980a]) Geoffrey Sampson has argued that an essentially Popperian language acquisition device could learn language much as a human child does. The device Sampson envisions would freely (or perhaps randomly) generate hypotheses about the grammar the child seeks to learn, and test these hypotheses against the data available to the child. If the data are incompatible with an hypothesis, the hypothesis is rejected and another one tried. If any hypothesis does not conflict with the (...) data, it is retained for further testing. Sampson's language acquisition device exhibits a Popperian proclivity for strong, simple hypotheses, but when it sets out on its acquisition task it has no a priori information about the nature of the grammar it seeks to acquire. If Sampson is right, then there is no need to postulate rationalist learning mechanisms of the sort advocated by Noam Chomsky (in Chomsky [1975] and many other publications) to account for the child's ability to learn language. However, it is my view that Sampson's argument is fatally flawed. He has not shown that a Popperian learning mechanism could duplicate the child's feat. Indeed, I think it can be shown that Sampson's Popperian learner could not possibly match the language learning achievement of the normal child, save by miraculous accident. (shrink)

Although less observable than the overt actions of fighting and assault, covert antisocial behaviors such as stealing and property destruction comprise an important subclass of externalizing behavior patterns, displaying considerable predictive power toward delinquency in adolescence. I discuss a laboratory paradigm for objective observation of such behaviors in children that has shown impressive concurrent and predictive validity among samples of boys with and without attention deficit hyperactivity disorder. Addressed herein are crucial questions regarding the ethics of tempting children to steal (...) objects and small amounts of money and to deface property as well as the types of informed consent and debriefing procedures utilized in research with this paradigm. Weighing ethical considerations alongside the ability to predict delinquent behavior presents provocative issues for those interested in understanding the development of antisocial behavior. (shrink)

The philosophy of cognitive science has recently become one of the most exciting and fastest growing domains of philosophical inquiry and analysis. Until the early 1980s, nearly all of the models developed treated cognitive processes -- like problem solving, language comprehension, memory, and higher visual processing -- as rule-governed symbol manipulation. However, this situation has changed dramatically over the last half dozen years. In that period there has been an enormous shift of attention toward connectionist models of cognition that are (...) inspired by the network-like architecture of the brain. Because of their unique architecture and style of processing, connectionist systems are generally regarded as radically different from the more traditional symbol manipulation models. This collection was designed to provide philosophers who have been working in the area of cognitive science with a forum for expressing their views on these recent developments. Because the symbol-manipulating paradigm has been so important to the work of contemporary philosophers, many have watched the emergence of connectionism with considerable interest. The contributors take very different stands toward connectionism, but all agree that the potential exists for a radical shift in the way many philosophers think of various aspects of cognition. Exploring this potential and other philosophical dimensions of connectionist research is the aim of this volume. (shrink)