This article develops an account of the nature and limits of the state’s legislative authority that closely attends to the challenge of harmonizing Kant’s ethical and juridical theories. It clarifies some key Kantian concepts and terms, then explains the way in which the state’s three interlocking authorities – legislative, executive, and judicial – are metaphysically distinct and mutually dependent. It describes the emergence of the Kantian state and identifies the preconditions of its authority. Then it offers a metaphysical model of (...) the Kantian state and uses it to argue that the activity of juridical lawgiving is an act of the omnilateral will itself. Legislative authority is limited in the sense that it does not include the capacity to create juridical laws that are conceptually incompatible with the idea of universal external freedom. I argue that my proposed account of the legislative authority is wholly consistent with that authority’s exclusive lawgiving capacity and does not threaten the possibility of ‘distributive justice’ – the legal finality that is the sine qua non of a civil condition. (shrink)

This dissertation develops a Kantian philosophical framework for understanding our individual obligations under public law. Because we have a right to do anything that is not wrong, the best interpretation of Immanuel Kant's Universal Principle of Right tracks the two ways--material and formal--in which actions can be wrong. This interpretation yields surprising insights, most notably a novel formulation of Kant's standard for formal wrongdoing. Because the wrong-making property of a formally wrong action does not depend on whether or not the (...) action in question has been prohibited by statute, Kant's legal philosophy is consistent with a natural law theory of public crime. Moreover, because the law can obligate us only by establishing a universal external incentive to obey its commands, statutes that impose only fines on nominal violators do not constrain our lawful options. Instead, if they are otherwise just, such statutes must be regarded as rightful permissive laws, according to which we may incur liabilities through our voluntary choices. (shrink)

Pauline Kleingeld has argued persuasively that Kant’s Principle of Autonomy draws an analogy between two relationships: 1) that between an individual agent and their maxim, and 2) that between a legislator and their legislation. She also suggests that Kant’s evolving views on the normative significance of popular elections made his analogy inapt, which explains its disappearance from his later writings. This comment concurs with Sorin Baiasu that the merits of Kant’s analogy were untouched by his evolving political views. The analogy (...) presupposes that when lawmakers legislate, they do so as representatives of the people, but even Kant’s mature writings posit that unelected lawmakers are representatives of the people in the necessary sense. Facts about whether a lawmaker acquired legislative authority by election, heredity, or conquest do have normative implications in the larger context of Kant’s political theory, but such facts are necessarily temporally upstream of the relation between legislator and legislation, just as facts about how an agent became rational are upstream of the relation between individual agent and maxim. Because the analogy focuses exclusively on these two relationships, it cannot be damaged by such upstream facts. Moreover, we should consider the possibility that Kant’s Principle of Autonomy compares a human will to the united general will of the people itself rather than to the will of a fallible public official or institution. On this alternative reading, it is even more clear that Kant’s evolving views on the significance of elections could have no possible relevance to the Principle of Autonomy. (shrink)

Individuals sometimes do things that they know will violate the terms of a statute. Most scholars deny that such actions are always morally wrong, but a coherent theoretical account of the relationships between 1) moral obligation, 2) legal obligation, and 3) criminal wrongdoing that can robustly classify hard cases has been elusive. This article starts with a Kantian account of the relationship between law and morality, and it proposes two closely related standards: one for legal obligation, and another for criminal (...) wrongdoing. It then tests the plausibility and resilience of these standards by using them to generate illuminating new analyses of classic hypothetical cases involving alleged crimes committed under circumstances of necessity. These analyses offer reason to believe that the standards proposed in this article can anchor a Kantian theory of criminal responsibility that is simultaneously rigorous and humane. (shrink)

ABSTRACTThere are two distinct types of legal wrongdoing: civil and criminal. This article demonstrates in three ways that Immanuel Kant's Universal Principle of Right, properly interpreted, offers a plausible and resilient account of this important distinction. First, Kant's principle correctly identifies attempted crimes as crimes themselves even when they do not violate the rights of any individual. Second, it justifies our treatment of reckless endangerment as a crime by distinguishing it from ordinary negligence, traditionally thought to be only civilly wrong. (...) Third, it explains and justifies differences between the features of traditional criminal punishments and the features of civil remedies. Moreover, the Universal Principle of Right yields a Kantian standard for criminal wrongdoing that is compelling enough to inform future philosophical inquiries into the nature and limits of the state's criminal lawmaking authority. (shrink)

We argue that the wild release of genetically modified organisms can be justified as a way of preserving species and ecosystems. We look at the case of a genetically modified American chestnut that is currently undergoing regulatory review. Because American chestnuts are functionally extinct, a genetically modified replacement has significant conservation value. In addition, many of the arguments used against GMOs, especially GMO crops, do not hold for American chestnut trees. Finally, we show how GMOs such as the American chestnut (...) support a reorientation of conservation values away from restoration as it has historically been interpreted, and toward an alternative framework known as rewilding. (shrink)

Christian Diehm has argued against using a genetically modified American chestnut variety in forest restoration. He is concerned that a GM variety sets a bad precedent and is disrespectful toward nature. He is also concerned that not enough has been done to consult with Native American tribes. We give evidence that consultation with tribes, environmental organizations, and the public is valuable and necessary – and that there is support for the GM chestnut. Genetic modification that saves a species from functional (...) extinction shows respect to that species and its ecological relationships. Hopeful, wise, coordinated action is needed to save ecosystems. (shrink)

People frequently report that their thought has, at times, a vocal character. Thinking commonly appears to be accompanied or constituted by silently ‘talking’ to oneself in inner speech. In this paper, I argue that inner speech ‘utterances’ can constitute occurrent propositional attitudes, e.g., occurrent judgments, suppositions, etc., and, thereby, we can consciously reason through tokening a series of inner speech utterances in working memory. As I demonstrate, the functional role a mental state plays in working memory is determined in a (...) flexible and context sensitive manner by metacognitive monitoring and control procedures. An inner speech utterance functions as an occurrent judgment (and, thus, as a premise, lemma, or conclusion in a line of conscious reasoning) when it is experienced with a level of certainty that exceeds one’s threshold of confidence for acceptance. In virtue of an agent experiencing an inner speech utterance with a sufficient level of certainty, the utterance plays the functional role of an occurrent judgment through, e.g., terminating inquiry and causing overt actions (like overtly asserting the words rehearsed in inner speech). (shrink)

People frequently report that, at times, their thought has a vocal character. Thinking commonly appears to be accompanied or constituted by silently ‘talking’ to oneself in inner speech. In this paper, we explore the specifically epistemic role of inner speech in conscious reasoning. A plausible position—but one I argue is ultimately wrong—is that inner speech plays asolelyfacilitative role that is exhausted by (i) serving as the vehicle of representation for conscious reasoning, and/or (ii) allowing one to focus on certain types (...) of objects or relations, e.g., causal relations, abstracta, counterfactuals, etc., or to consciously entertain structured propositional contents that it would be hard (or impossible) to focus on or entertain with representations in other (e.g., imagistic) formats. According to this position, inner speech doesn't figure as a justificatory element in our reasoning or as the partial epistemic basis of our conclusions—it merely facilitates reasoning through (i) and/or (ii). In contrast to the view that inner speech is amerefacilitator, I establish that (outside of potentially playing roles (i) and/or (ii)) the language we use itself serves as a crucial source of information in reasoning. In other words, we reason from propositions about the language we use in inner speech as opposed to exclusively reasoning from the semantic contents of the speech. My conclusion follows from how we use language as a cognitive tool to keep track of information, e.g., the contents of premises, lemmas, previous reasoning results, etc., in reasoning. (shrink)

The US populace appears to be increasingly polarized on partisan lines. Political fissures bifurcate the country even on empirical matters like vaccine safety and anthropogenic climate change. There now exists an ever-expanding interdisciplinary research program in which theorists attempt to explain increases in political polarization and myriad other phenomena collected under the “post-truth” heading by appeal to social-epistemic structures, like echo chambers and epistemic bubbles, that affect the flow and uptake of information in various communities. In this paper, I critically (...) analyze C. Thi Nguyen’s important and popular analysis of echo chambers and epistemic bubbles. As I demonstrate, the explanatory mechanisms on which Nguyen focuses are, arguably, overly cognitive and obscure significant effects of social-epistemic structures on our affective lives. The broader lesson to draw from my discussion is the following: commonly used expressions intended to refer to social-epistemic problems, like “political polarization”, possess no univocal definition across theorists, and various ways of making the terms precise are differentially successful in characterizing verifiable phenomena. Theorizing about social-epistemic structures should be responsive to relevant empirical work on various phenomena that we have good reason to believe constitute real and substantive problems that result from the flow and uptake of information. (shrink)

In light of recent social psychological literature, I expand Miranda Fricker’s important notion of testimonial injustice. A fair portion of Fricker’s account rests on an older paradigm of stereotype and prejudice. Given recent empirical work, I argue for what I dub prescriptive credibility deficits in which a backlash effect leads to the assignment of a diminished level of credibility to persons who act in counter-stereotypic manners, thereby flouting prescriptive stereotypes. The notion of a prescriptive credibility deficit is not merely an (...) interesting conceptual addendum that can be appended to Fricker’s theory without need for further emendation. I develop the wider implications of prescriptive credibility deficits and argue that they pose a challenge to Fricker’s conception of the function of credibility assignments in conversational exchange and how a virtuous listener should respond to the potential threat of a prejudicial stereotype affecting her credibility assignments. (shrink)

Pezdek and Lam [Pezdek, K. & Lam, S. . What research paradigms have cognitive psychologists used to study “False memory,” and what are the implications of these choices? Consciousness and Cognition] claim that the majority of research into false memories has been misguided. Specifically, they charge that false memory scientists have been misusing the term “false memory,” relying on the wrong methodologies to study false memories, and misapplying false memory research to real world situations. We review each of these claims (...) and highlight the problems with them. We conclude that several types of false memory research have advanced our knowledge of autobiographical and recovered memories, and that future research will continue to make significant contributions to how we understand memory and memory errors. (shrink)

AbstractClimate change is a complex, multilevel challenge with implications of failure unimaginable for current and future generations. However, despite the Paris Agreement supporting the imperative for action in an atmosphere of scientific consensus, organisations are failing to take the decisive action required. We argue that this lack of organisational action needs to be addressed by examining the cognitive foundations of managerial decisions on climate change and sustainability. A systematic review of research on cognition, sensemaking and managerial interpretation where it is (...) linked to climate change or sustainability is presented within this article. The results detail a multilevel analysis highlighting key themes and the core concepts from the literature including factors shaping the cognitive process, to elucidate reasons for inaction and potential for promoting change. Through this research, an integrated model is presented demonstrating the interaction of factors, cognitive processes and outcomes. Based on this analysis, potential reasons for inaction are proposed and countered by three potential solutions linked to leadership, social norms and structural reform. (shrink)

In six experiments, we investigated the role of resource valence in intergenerational attitudes and allocations. We found that, compared to benefits, allocating burdens intergenerationally increased concern with one’s legacy, heightened ethical concerns, intensified moral emotions (e.g., guilt, shame), and led to feelings of greater responsibility for and affinity with future generations. We argue that, because of greater concern with legacies and the associated moral implications of one’s decisions, allocating burdens leads to greater intergenerational generosity as compared to benefits. Our data (...) provide support for this effect across a range of contexts. Our results also indicate that the differential effect of benefits versus burdens in intergenerational contexts depends on the presence of two important structural characteristics that help enact concerns about legacies, including (1) future impact of decisions, and (2) a self-other tradeoff. Overall, our findings highlight how considering resource valence brings to the fore a number of key psychological characteristics of intergenerational decisions—especially as they relate to legacies and ethics. (shrink)

Recently, a cottage industry has formed with the goal of analyzing reasoning. The relevant notion of reasoning in which philosophers are expressly interested is fixed through an epistemic functional description: reasoning—whatever it is—is our personal-level, rationally evaluable means of meeting our rational requirements through managing and updating our attitudes. Roughly, the dominant view in the extant literature as developed by Paul Boghossian, John Broome, and others is that reasoning is a rule-governed operation over propositional attitudes that results in a change (...) in attitude. In this paper, I argue that our personal-level operations over mental models and visuospatial imagery, which are representations in a non-propositional/analogue format, can be rationally evaluable processes of managing our attitudes and, thus, should be considered reasoning in the relevant sense. Furthermore, I show that if reasoning can occur through operations over mental models and imagery, then the dominant rule-following account mischaracterizes the cognitive operations and representational states assumed to be constitutive of reasoning and what grounds the rational status of a line of reasoning. (shrink)

Draws on a broad range of scientific evidence to theorize an evolutionary basis for religion, considering how religion may have served as an essential component of early society survival and that the brain may be inherently inclined toward religious behavior.

Evidentialism as an account of epistemic justification is the position that a doxastic attitude, D, towards a proposition, p, is justified for an intentional agent, S, at a time, t, iff having D towards p fits S’s evidence at t, where the fittingness of an attitude on one’s evidence is typically analyzed in terms of evidential support for the propositional contents of the attitude. Evidentialism is a popular and well-defended account of justification. In this paper, I raise a problem for (...) evidentialism on the grounds that there can be epistemic circumstances in which a proposition is manifestly and nonmisleadingly supported by an agent’s total evidence, and yet believing the proposition is not justified for the agent. As I argue, in order for an agent to have justification to believe a proposition, it needs to be the case that the belief as possessed by the agent could exhibit certain epistemic good making features, e.g., the propositional content of the belief as possessed by the agent would be supported by the agent’s evidence. As I demonstrate, the fact that a proposition, p, is supported by an agent’s total evidence at a time, t, doesn’t guarantee that a belief in p as possessed by the agent at t could exhibit any epistemic good making features, including having propositional contents (i.e., p) that would be supported by the agent’s evidence. Thus, the fact that a proposition is supported by an agent’s evidence doesn’t guarantee that the agent has justification to believe the proposition. (shrink)

Current management of people with prolonged disorders of consciousness is failing patients, families and society. The causes include a general lack of concern, knowledge and expertise; a legal and professional framework which impedes timely and appropriate decision-making and/or enactment of the decision; and the exclusive focus on the patient, with no legitimate means to consider the broader consequences of healthcare decisions. This article argues that a clinical pathway based on the principles of the English Mental Capacity Act 2005 and using (...) time-limited treatment trials could greatly improve patient management and reduce stress on families. There needs to be early and continuing use of formal best interests meetings, starting between 7 and 21 days after onset of unconsciousness. The treatment options need to evolve as the clinical state and prognosis becomes more certain. A formal discussion of treatment withdrawal should occur when the upper bound of predicted recovery falls below a level the patient would have considered acceptable, and it should always be discussed when the condition is considered permanent. Any decision to stop treatment should be contingent on a formal second opinion from an independent expert who should review the clinical situation and expected prognosis, but not the best interests decision. The article also asks how, if at all, the adverse effects on the family and the resource implications of long-term care of people left in a prolonged state of unconsciousness should be incorporated in the process. (shrink)

Our conscious thought, at least at times, seems suffused with language. We may experience thinking as if we were “talking in our head”, thus using inner speech to verbalize, e.g., our premises, lemmas, and conclusions. I take inner speech to be part of a larger phenomenon I call inner semiotics, where inner semiotics involves the subjective experience of expressions in a semiotic (or symbol) system absent the overt articulation of the expressions. In this paper, I argue that inner semiotics allows (...) us to bootstrap our way into entertaining thoughts about exact numbers and quantities that we couldn't prior to our competence with a numeric code. I establish that our arithmetic thoughts literally occur as (internal ‘articulations’ of) expressions in a numeric code. However, a problem arises for my view: just as we can slip in overt speech, producing an utterance that deviates from what we mean to say, there is very good evidence that we can slip in inner speech as well. If our arithmetic thought occurs in a numeric code, it's far from clear how we determine when a covert utterance constitutes a slip. In closing, I provide an account of what makes an inner speech utterance a slip. (shrink)

This paper argues that hume's discussion of personal identity in treatise i.Iv.6 is misinterpreted and overrated. Far from seeking a justification for ascribing identity to persons, Hume dismissed all such ascriptions as mistaken; his 'account' in i.Iv.6 is an attempt to explain how the supposed mistake arises. His own criteria of unity/identity, On the strength of which he excludes persons, Are themselves ill-Founded: they are criteria for individuating etc., 'things', The only ones hume, Who failed to grasp locke's point that (...) identity goes with classified items, Was able to find. (shrink)

Optimistic predictions that genetic and genomic testing will provide health benefits have been tempered by the concern that individuals who receive their results may experience negative psychosocial outcomes. This potential ethical and clinical concern has prompted extensive conversations between policy‐makers, health researchers, ethicists, and the general public. Fortunately, the psychosocial consequences of such testing are subject to empirical investigation, and over the past quarter century, research that clarifies some of the types, likelihood, and severity of potential harms from learning the (...) results of the testing has accumulated. I aim to provide an overview of the findings of this research by looking at selected systematic reviews. This will convey the gist of the literature’s quality and coverage, reveal gaps in existing knowledge, and highlight promising areas for future scholarship. (shrink)

Individuals shift their language to converge with interlocutors. Recent work has suggested that convergence can target not only observed but also expected linguistic behavior, cued by social information. However, it remains uncertain how expectations and observed behavior interact, particularly when they contradict each other. We investigated this using a cooperative map task experiment, in which pairs of participants communicated online by typing messages to each other in a miniature “alien” language that exhibited variation between alien species. The overall task comprised (...) three phases, in each of which participants were told that they would be paired with a different partner. One member of the pair was given explicit linguistic expectations in each phase, while the software controlled whether or not observed behavior from their partner would be consistent or inconsistent with these expectations. The other participant was given no such expectations, allowing us to control for the role of expectation. Participants converged to both observed and expected linguistic behavior, and convergence was boosted when observation and expectation were aligned. When expected and observed behavior were misaligned, participants updated their expectations, though convergence levels did not drop. Furthermore, participants generalized what they learned about one partner to apparent novel partners of the same alien species. We also discuss individual variation in convergence patterns and the lack of a relationship between linguistic convergence and success at the map task. Findings are consistent with observations outside the laboratory that language users converge toward expected linguistic behavior. They also have broader implications for understanding linguistic accommodation and the influence of social information on linguistic processing and production. (shrink)

Most jurisdictions require a patient to consent to any medical intervention. Clinicians ask a patient, ‘Given the pain and distress associated with our intervention and the predicted likelihood of this best-case outcome, do you want to accept the treatment?’ When a patient is incapable of deciding, clinicians may ask people who know the patient to say what the patient would decide; this is substituted judgement. In contrast, asking the same people to say how the person would make the decision is (...) substituted interests.1 The UK Mental Capacity Act 2005 uses the latter approach, and my comments appertain to that approach. When a patient lacks capacity, the question facing clinicians is, ‘Given the likely outcome of this treatment plan for the patient’s life in the long term, would the patient decide to accept the plan?’ This answer depends on the patient’s wishes, values and other factors they would use when deciding. The proposed development of an algorithm involves the following:2. (shrink)

Engineering begins with a design problem: how to make occupants of vehicles safer, settle on an inter-face for an x-ray machine, or create more legible road signs. In choosing any particular solution, engineers must make value choices. By focusing on the solving of these problems, Ethics Within Engineering: An Introduction shows how ethics is at the intellectual core of engineering. Built around a number of engaging case studies, it presents real examples of engineering problems that everyone, engineer or not, will (...) recognize, ranging from such simple artifacts as toasters and the layout of burners and knobs on a stove top to the software responsible for the Colombia airliner crash. (shrink)

Engelhardt is correct in thinking that potentiality implies continuity. The central purpose of the Aristotelian notion of potency is to explain continuity, both in becoming and in generation-corruption. If one denies continuity in change, he will have little use for potentiality, at least little use for the Aristotelian types. And there are types that should not be conflated: one to account for continuity in becoming and generation, another to account for continuity of a being going from not acting to acting. (...) The first type, where something happens to a being, is called passive potency; the second type, where a being itself actively does something, is predictably called active potency. (shrink)

ABSTRACT:In this article, we review and build on intergenerational and behavioral ethics research to consider how the motive to build a lasting legacy can impact ethical behavior in intergenerational decision making. We discuss how people can utilize their relationships to organizations to craft their legacies. Further, we elucidate how the legacy motive can enhance business ethics, incorporating theory and empirical findings from research on intergenerational decision making, generativity, and terror management theory to develop the legacy construct and to outline the (...) psychological underpinnings of motivations to leave a positive legacy. We discuss the ways in which legacies can provide a link between life-meaning and pro-social motivation, and we consider the ways in which individuals’ social environments can moderate the intensity of the legacy motive and can impact legacy-building behavior by determining the types of legacies that are valued. Finally, we highlight the implications of these ideas for ethical behavior and sustainable decision making in business contexts. (shrink)

David Kaplan’s analysis of the factors that determine what words someone has used in a given utterance requires that a speaker can only use a word through producing an utterance performed with a particular, related intention directed at speaking that word. This account, or any that requires a speaker to have an intention to utter a specific word, proves inconsistent with models of speech planning in psycholinguistics as informed by data on slips-of-the-tongue. Kaplan explicitly aims to formulate a theory of (...) words that elides the details of the processes responsible for speech planning and production. Though it may superficially seem that the picture of speech planning and production offered by psycholinguistics can add no insight into our analysis—on closer inspection—we find a rich body of empirical data that should be integrated into any viable account of what words someone has used in a given utterance. (shrink)

Donepezil, an acetylcholinesterase inhibitor used in the treatment of Alzheimer's disease, has been widely cited in media and bioethics literature on cognitive enhancement (CE) as having the potential to improve the cognitive ability of healthy individuals. In both literatures, this claim has been repeatedly supported by the results of a small study published by Yesavage et al. in 2002 on non-demented pilots (30-70 years old). The factors contributing to this specific interpretation of this study's results are unclear.

Against the position of professor rex martin ("the review of metaphysics," xxv, December 1971) it is argued that there is a conceptual link between disobedience and destruction of authority, As socrates argues; that socrates does not take obedience to law to be an absolute principle of action; that socrates in the two dialogues about his trial does not contradict himself on the question of obedience to the court; that socrates' argument from piety does not undermine his arguments from injury and (...) agreement. (shrink)

In an earlier paper on this topic, ‘Eupatridai, Archons, and Areopagus,'3 I was primarily concerned to recover the views of Aristotle, as expressed in the ‘Αθ. πολ., on such elements of Attic Society as Eupatridai, Gennetai, etc. I sought to establish that to him at least these two were not identical: that, more precisely, he recorded two stages of development— ‘Ion’: in whose day the whole body of Athenians was composed of Gennetai, while Eupatridai had not yet been created. ‘Theseus’: (...) who created the Eupatridai—distinguishing them, as a Third Estate, from those two Estates which had hitherto, since Ion, composed the body of Athenians. (shrink)

In "Amazing Grace," the best-loved of all hymns, John Newton's allusions to the drama of his life tell the story of a youth who was a virtual slave in Sierra Leone before ironically becoming a slave trader himself. Liverpool, his home port, was the center of the most colossal, lucrative, and inhumane slave trade the world has ever known. A gradual spiritual awakening transformed Newton into an ardent evangelist and anti-slavery activist. Influenced by Methodists George Whitefield and John Wesley, Newton (...) became prominent among those favoring a Methodist-style revival in the Church of England. This movement stressed personal conversion, simple worship, emotional enthusiasm, and social justice. While pastoring a poor flock in Olney, he and poet William Cowper produced a hymnal containing such perennial favorites as "Glorious Things of Thee Are Spoken" and "God Moves in a Mysterious Way." Later, while serving a church in London, Newton raised British consciousness on the immorality of the slave trade. The account he gave to Parliament on the atrocities he had witnessed helped William Wilberforce obtain legislation to abolish the slave trade in England. Newton's life story convinced many who are "found" after being "lost" to sing Gospel hymns as they lobbied for civil rights legislation. His close involvement with both capitalism and evangelicalism, the main economic and religious forces of his era, provide a fascinating case study of the relationship of Christians to their social environment. In an afterword on Newtonian Christianity, Phipps explains Newton's critique of Karl Marx's thesis that religious ideals are always the effect of what produces the most profit. Phipps relies on accounts Newton gives in his ship journal, diary, letters, and sermons for this most readable scholarly narrative. (shrink)