With its express intention ‘to put an end to impunity’, the International Criminal Court (ICC) faces a substantial challenge in the shape of conditional amnesties granted in future national truth commissions (TCs)—a challenge that invokes fundamental considerations of criminal justice ethics. In this article, I give an account of the challenge, and I consider a possible solution to it presented by Declan Roche. According to this solution the ICC-prosecutor should respect national amnesties and prosecute and punish only those perpetrators who (...) have refused to cooperate with the TC. I argue, however, that this compromise is untenable. As a general rule, if we justify the ICC on grounds of deterrence we should not accept conditional amnesties granted in national TCs. (shrink)

Most proponents of restorative justice admit to the need to find a well defined place for the use of traditional trial and punishment alongside restorative justice processes. Concrete answers have, however, been wanting more often than not. John Braithwaite is arguably the one who has come the closest, and here I systematically reconstruct and critically discuss the rules or principles suggested by him for referring cases back and forth between restorative justice and traditional trial and punishment. I show that we (...) should be sceptical about at least some of the answers provided by Braithwaite, and, thus, that the necessary use of traditional punishment continues to pose a serious challenge to restorative justice, even at its current theoretical best. (shrink)

This article addresses a pertinent challenge to Scandinavian realism which follows from the widespread perception that the fundamental philosophical premises on which the movement relies, are no longer tenable. Focusing on Alf Ross’s version of Scandinavian realism which has often been at the centre of critical attention, the author argues that Ross’s theory can survive the fall of logical positivism through an exercise of philosophical reconstruction. More specifically, he claims that it is possible to dismount Ross’s realist legal theory almost (...) intact from its commitments to logical positivism and embed it into an alternative naturalist philosophical program that is currently very strong in contemporary philosophy. In so doing, the author applies a narrow Quinean conception of naturalism, also known as replacement naturalism, which differs from a broader inclusive conception which has been applied by other scholars in the field but which leaves the philosophical crisis of Scandinavian realism unsolved. (shrink)

The relationship between Legal Realism and Legal Positivism has been a recurrent source of debate. The question has been further complicated by the related difficulty of assessing the internal relationship between the two main original strands of Legal Realism: American and Scandinavian. This paper suggests considering American and Scandinavian Realism as instantiations of forward-looking and backward-looking rule skepticism respectively. This distinction brings into sharp relief not only the fundamentally different relationship between each of these two Realist schools and Legal Positivism (...) but also their equally different potentials as starting points for naturalizing jurisprudence. (shrink)

Over the last decade, theorists have persistently criticised the assumption that the International Criminal Court (ICC) can produce a noteworthy deterrent effect. Consequently, consensus has emerged that we should probably look for different ways to justify the ICC or else abandon the prestigious project entirely. In this paper, I argue that these claims are ill founded and rest primarily on misunderstandings as to the idea of deterrence through punishment. They tend to overstate both the epistemic certainty as to and the (...) size of the deterrent effect necessary in order to thus justify punishment. I argue that we should in general expect reasonably humane punitive institutions to lead to better consequences than if we abolish punishment entirely, and I show that, contrary to widespread assumption among critics of the ICC, we should not expect the conditions characteristically surrounding mass atrocity to undermine this presumption. Properly understood, the ICC equals adding another “slice of cheese” to our comprehensive crime preventive system modelled along the lines of James Reason’s Swiss cheese model of accident causation and risk management. Undoubtedly, some future perpetrators will elope through the holes in this layer too, but others will be deterred. (shrink)

Most proponents of restorative justice admit to the need to find a well defined place for the use of traditional trial and punishment alongside restorative justice processes. Concrete answers have, however, been wanting more often than not. John Braithwaite is arguably the one who has come the closest, and here I systematically reconstruct and critically discuss the rules or principles suggested by him for referring cases back and forth between restorative justice and traditional trial and punishment. I show that we (...) should be sceptical about at least some of the answers provided by Braithwaite, and, thus, that the necessary use of traditional punishment continues to pose a serious challenge to restorative justice, even at its current theoretical best. (shrink)

Over the last decade, theorists have persistently criticised the assumption that the International Criminal Court (ICC) can produce a noteworthy deterrent effect. Consequently, consensus has emerged that we should probably look for different ways to justify the ICC or else abandon the prestigious project entirely. In this paper, I argue that these claims are ill founded and rest primarily on misunderstandings as to the idea of deterrence through punishment. They tend to overstate both the epistemic certainty as to and the (...) size of the deterrent effect necessary in order to thus justify punishment. I argue that we should in general expect reasonably humane punitive institutions to lead to better consequences than if we abolish punishment entirely, and I show that, contrary to widespread assumption among critics of the ICC, we should not expect the conditions characteristically surrounding mass atrocity to undermine this presumption. Properly understood, the ICC equals adding another “slice of cheese” to our comprehensive crime preventive system modelled along the lines of James Reason’s Swiss cheese model of accident causation and risk management. Undoubtedly, some future perpetrators will elope through the holes in this layer too, but others will be deterred. (shrink)

Aristoteles' (384-322 f.Kr.) mange filosofisk-videnskabelige værker er blevet studeret og kommenteret i over 2.000 år, men aldrig så intensivt som i tiden mellem 1100 og 1600, hvor de var rygraden i den såkaldt "skolastiske" lærdomskultur, der skabte det europæiske universitetssystem. Der forskes stadig i Aristoteles verden over, men moderne fortolkere drager kun sjældent nytte af den rige ældre tradition. Denne bog beskriver og sammenligner fortolkningsmetoder og publikationsstrategier hos skolastikerne og nutidens aristotelikere. Der argumenteres for, at dele af den gamle metodik (...) med fordel kunne genoptages, og det vises, at der i konkrete tilfælde kan findes værdifulde fortolkningsforslag, som ikke ses i den nyere litteratur. (shrink)

A new theory is taking hold in neuroscience. It is the theory that the brain is essentially a hypothesis-testing mechanism, one that attempts to minimise the error of its predictions about the sensory input it receives from the world. It is an attractive theory because powerful theoretical arguments support it, and yet it is at heart stunningly simple. Jakob Hohwy explains and explores this theory from the perspective of cognitive science and philosophy. The key argument throughout The Predictive Mind (...) is that the mechanism explains the rich, deep, and multifaceted character of our conscious perception. It also gives a unified account of how perception is sculpted by attention, and how it depends on action. The mind is revealed as having a fragile and indirect relation to the world. Though we are deeply in tune with the world we are also strangely distanced from it. (shrink)

An exciting theory in neuroscience is that the brain is an organ for prediction error minimization. This theory is rapidly gaining influence and is set to dominate the science of mind and brain in the years to come. PEM has extreme explanatory ambition, and profound philosophical implications. Here, I assume the theory, briefly explain it, and then I argue that PEM implies that the brain is essentially self-evidencing. This means it is imperative to identify an evidentiary boundary between the brain (...) and its environment. This boundary defines the mind-world relation, opens the door to skepticism, and makes the mind transpire as more inferentially secluded and neurocentrically skull-bound than many would nowadays think. Therefore, PEM somewhat deflates contemporary hypotheses that cognition is extended, embodied and enactive; however, it can nevertheless accommodate the kinds of cases that fuel these hypotheses. (shrink)

A diferencia de todos los demás sistemas de imputación, Jakobs ubica el acento de la relevancia jurídico-penal del hecho en su significado normativo, como algo que trasciende la mera causalidad exterior y la finalidad del autor, de manera que lo decisivo para la imputación jurídico-penal no es ni lo psíquicoreal querido por el autor, ni la causalidad desplegada por su conducta, sino el significado normativo de esa conducta como la expresión de un sentido objetivo de desautorización de la vigencia de (...) la norma en un determinado contexto social. (shrink)

Predictive processing (PP) is now a prominent theoretical framework in the philosophy of mind and cognitive science. This review focuses on PP research with a relatively philosophical focus, taking stock of the framework and discussing new directions. The review contains an introduction that describes the full PP toolbox; an exploration of areas where PP has advanced understanding of perceptual and cognitive phenomena; a discussion of PP's impact on foundational issues in cognitive science; and a consideration of the philosophy of science (...) of PP. The overall picture is that PP is a fruitful framework, with exciting new directions awaiting exploration. (shrink)

The free energy principle says that any self-organising system that is at nonequilibrium steady-state with its environment must minimize its free energy. It is proposed as a grand unifying principle for cognitive science and biology. The principle can appear cryptic, esoteric, too ambitious, and unfalsifiable—suggesting it would be best to suspend any belief in the principle, and instead focus on individual, more concrete and falsifiable ‘process theories’ for particular biological processes and phenomena like perception, decision and action. Here, I explain (...) the free energy principle, and I argue that it is best understood as offering a conceptual and mathematical analysis of the concept of existence of self-organising systems. This analysis offers a new type of solution to long-standing problems in neurobiology, cognitive science, machine learning and philosophy concerning the possibility of normatively constrained, self-supervised learning and inference. The principle can therefore uniquely serve as a regulatory principle for process theories, to ensure that process theories conforming to it enable self-supervision. This is, at least for those who believe self-supervision is a foundational explanatory task, good reason to believe the free energy principle. (shrink)

A series of recent developments points towards auditing as a promising mechanism to bridge the gap between principles and practice in AI ethics. Building on ongoing discussions concerning ethics-based auditing, we offer three contributions. First, we argue that ethics-based auditing can improve the quality of decision making, increase user satisfaction, unlock growth potential, enable law-making, and relieve human suffering. Second, we highlight current best practices to support the design and implementation of ethics-based auditing: To be feasible and effective, ethics-based auditing (...) should take the form of a continuous and constructive process, approach ethical alignment from a system perspective, and be aligned with public policies and incentives for ethically desirable behaviour. Third, we identify and discuss the constraints associated with ethics-based auditing. Only by understanding and accounting for these constraints can ethics-based auditing facilitate ethical alignment of AI, while enabling society to reap the full economic and social benefits of automation. (shrink)

The notion that the brain is a prediction error minimizer entails, via the notion of Markov blankets and self-evidencing, a form of global scepticism — an inability to rule out evil demon scenarios. This type of scepticism is viewed by some as a sign of a fatally flawed conception of mind and cognition. Here I discuss whether this scepticism is ameliorated by acknowledging the role of action in the most ambitious approach to prediction error minimization, namely under the free energy (...) principle. I argue that the scepticism remains but that the role of action in the free energy principle constrains the demon’s work. This yields new insights about the free energy principle, epistemology, and the place of mind in nature. (shrink)

The search for the neural correlates of consciousness is in need of a systematic, principled foundation that can endow putative neural correlates with greater predictive and explanatory value. Here, we propose the predictive processing framework for brain function as a promising candidate for providing this systematic foundation. The proposal is motivated by that framework’s ability to address three general challenges to identifying the neural correlates of consciousness, and to satisfy two constraints common to many theories of consciousness. Implementing the search (...) for neural correlates of consciousness through the lens of predictive processing delivers strong potential for predictive and explanatory value through detailed, systematic mappings between neural substrates and phenomenological structure. We conclude that the predictive processing framework, precisely because it at the outset is not itself a theory of consciousness, has significant potential for advancing the neuroscience of consciousness. (shrink)

Self-evidencing describes the purported predictive processing of all self-organising systems, whether conscious or not. Self-evidencing in itself is therefore not sufficient for consciousness. Different systems may however be capable of self-evidencing in different, specific and distinct ways. Some of these ways of self-evidencing can be matched up with, and explain, several properties of consciousness. This carves out a distinction in nature between those systems that are conscious, as described by these properties, and those that are not. This approach throws new (...) light on phenomenology, and suggests that some self-evidencing may be characteristic of consciousness. (shrink)

Recently, Jardas _et al_ have convincingly defended the patient preference predictor (PPP) against a range of autonomy-based objections. In this response, I propose a new autonomy-based objection to the PPP that is not explicitly discussed by Jardas _et al_. I call it the ‘objection from higher-order preferences’. Even if this objection is not sufficient reason to reject the PPP, the objection constitutes a pro tanto reason that is at least as powerful as the ones discussed by Jardas _et al._.

Important decisions that impact humans lives, livelihoods, and the natural environment are increasingly being automated. Delegating tasks to so-called automated decision-making systems can improve efficiency and enable new solutions. However, these benefits are coupled with ethical challenges. For example, ADMS may produce discriminatory outcomes, violate individual privacy, and undermine human self-determination. New governance mechanisms are thus needed that help organisations design and deploy ADMS in ways that are ethical, while enabling society to reap the full economic and social benefits of (...) automation. In this article, we consider the feasibility and efficacy of ethics-based auditing as a governance mechanism that allows organisations to validate claims made about their ADMS. Building on previous work, we define EBA as a structured process whereby an entity’s present or past behaviour is assessed for consistency with relevant principles or norms. We then offer three contributions to the existing literature. First, we provide a theoretical explanation of how EBA can contribute to good governance by promoting procedural regularity and transparency. Second, we propose seven criteria for how to design and implement EBA procedures successfully. Third, we identify and discuss the conceptual, technical, social, economic, organisational, and institutional constraints associated with EBA. We conclude that EBA should be considered an integral component of multifaced approaches to managing the ethical risks posed by ADMS. (shrink)

We use the hierarchical nature of Bayesian perceptual inference to explain a fundamental aspect of the temporality of experience, namely the phenomenology of temporal flow. The explanation says that the sense of temporal flow in conscious perception stems from probabilistic inference that the present cannot be trusted. The account begins by describing hierarchical inference under the notion of prediction error minimization, and exemplifies distrust of the present within bistable visual perception and action initiation. Distrust of the present is then discussed (...) in relation to previous research on temporal phenomenology. Finally, we discuss how there may be individual differences in the experience of temporal flow, in particular along the autism spectrum. The resulting view is that the sense of temporal flow in conscious perception results from an internal, inferential process. (shrink)

It appears that consciousness science is progressing soundly, in particular in its search for the neural correlates of consciousness. There are two main approaches to this search, one is content-based (focusing on the contrast between conscious perception of, e.g., faces vs. houses), the other is state-based (focusing on overall conscious states, e.g., the contrast between dreamless sleep vs. the awake state). Methodological and conceptual considerations of a number of concrete studies show that both approaches are problematic: the content-based approach seems (...) to set aside crucial aspects of consciousness; and the state-based approach seems over-inclusive in a way that is hard to rectify without losing sight of the crucial conscious-unconscious contrast. Consequently, the search for the neural correlates of consciousness is in need of new experimental paradigms. (shrink)

In this paper, we argue that there is at least a pro tanto reason to favor the control account of the right to privacy over the access account of the right to privacy. This conclusion is of interest due to its relevance for contemporary discussions related to surveillance policies. We discuss several ways in which the two accounts of the right to privacy can be improved significantly by making minor adjustments to their respective definitions. We then test the improved versions (...) of the two accounts on a test case, to see which account best explains the violation that occurs in the case. The test turns out in favor of the control account. (shrink)

In this paper, I defend what I call the ‘Inference Principle’. This principle holds that if an agent obtains some information legitimately, then the agent can make any inference she wants based on the information, without violating anyone’s right to privacy. This principle is interesting for at least three reasons. First, it constitutes a novel answer to the timely question of whether the widespread use of ‘data analytics’ to infer personal information about individuals is morally permissible. Second, it contradicts what (...) seems to be a common view of inferences’ ability to violate privacy rights. Third, it offers an account of the theoretically underdeveloped issue of what duties are engendered by the moral right to privacy with regard to inferred information. (shrink)

Different cognitive functions recruit a number of different, often overlapping, areas of the brain. Theories in cognitive and computational neuroscience are beginning to take this kind of functional integration into account. The contributions to this special issue consider what functional integration tells us about various aspects of the mind such as perception, language, volition, agency, and reward. Here, I consider how and why functional integration may matter for the mind; I discuss a general theoretical framework, based on generative models, that (...) may unify many of the debates surrounding functional integration and the mind; and I briefly introduce each of the contributions. (shrink)

The phenomenology of agency and perception is probably underpinned by a common cognitive system based on generative models and predictive coding. I defend the hypothesis that this cognitive system explains core aspects of the sense of having a self in agency and perception. In particular, this cognitive model explains the phenomenological notion of a minimal self as well as a notion of the narrative self. The proposal is related to some influential studies of overall brain function, and to psychopathology. These (...) elusive notions of the self are shown to be the natural upshots of general cognitive mechanisms whose fundamental purpose is to enable agents to represent the world and act in it. (shrink)

Journal of Political Philosophy, EarlyView.

In times of a prevailing sense of crisis and disorder in modern politics, there is a growing sentiment that anger, despair or resignation are more appropriate attitudes to navigate the world than hope. Political philosophers have long shared this suspicion and shied away from theorising hope more systematically. The aim of this article is to resist this tendency by showing that hope constitutes an integral part of democratic politics in particular. In making this argument I draw on Kant’s conceptualisation of (...) hope as a psychological condition on action under circumstances where the chances of making a difference are dim. Given that the Kantian agent avoids the threat of despair in the pursuit of political goals by placing trust in her fellow citizens, hope has the potential to positively transform democratic practices. (shrink)

The proposed European Artificial Intelligence Act (AIA) is the first attempt to elaborate a general legal framework for AI carried out by any major global economy. As such, the AIA is likely to become a point of reference in the larger discourse on how AI systems can (and should) be regulated. In this article, we describe and discuss the two primary enforcement mechanisms proposed in the AIA: the _conformity assessments_ that providers of high-risk AI systems are expected to conduct, and (...) the _post-market monitoring plans_ that providers must establish to document the performance of high-risk AI systems throughout their lifetimes. We argue that the AIA can be interpreted as a proposal to establish a Europe-wide ecosystem for conducting AI auditing, albeit in other words. Our analysis offers two main contributions. First, by describing the enforcement mechanisms included in the AIA in terminology borrowed from existing literature on AI auditing, we help providers of AI systems understand how they can prove adherence to the requirements set out in the AIA in practice. Second, by examining the AIA from an auditing perspective, we seek to provide transferable lessons from previous research about how to refine further the regulatory approach outlined in the AIA. We conclude by highlighting seven aspects of the AIA where amendments (or simply clarifications) would be helpful. These include, above all, the need to translate vague concepts into verifiable criteria and to strengthen the institutional safeguards concerning conformity assessments based on internal checks. (shrink)

I argue that virtue reliabilism and virtue responsibilism are complementary. They do not give competing accounts of epistemic virtue. Rather they explain the excellent functioning of different parts of our cognitive apparatus. Reliabilist virtue designates the excellent functioning of fast and context-specific Type 1 cognitive processes, while responsibilist virtue means an excellent functioning of effortful and reflective Type 2 cognitive processes. This account unifies reliabilist and responsibilist virtue theory. But the virtues are not unified by designating some epistemic norm that (...) both aim at. Instead, I unify them through their cognitive foundations. Because Type 1 and Type 2 cognition are complementary, reliabilist and responsibilist virtues are complementary. Thereby, this dual-process theory of epistemic virtue gives a naturalised account of virtues as well as an explanation of how reliabilism and responsibilism relate. This approach offers a solution for both the generality problem and the situationist challenge to virtue epistemology; additionally it preserves the epistemological autonomy of each virtue type. (shrink)

Bortolotti’s Delusions and Other Irrational Beliefs defends the view that delusions are beliefs on a continuum with other beliefs. A different view is that delusions are more like illusions, that is, they arise from faulty perception. This view, which is not targeted by the book, makes it easier to explain why delusions are so alien and disabling but needs to appeal to forensic aspects of functioning.

Climate change mitigation has become a paradigm case both for externalities in general and for the game-theoretic model of the Tragedy of the Commons (ToC) in particular. This situation is worrying, as we have reasons to suspect that some models in the social sciences are apt to be performative to the extent that they can become self-fulfilling prophecies. Framing climate change mitigation as a hardly solvable coordination problem may force us into a worse situation, by changing real-world behaviour to fit (...) our model, rather than the other way around. But while this problem of the performativity of the ToC has been noted in a recent paper in this journal by Matthew Kopec, his proposed strategies for dealing with their self-fulfilling nature fall short of providing an adequate solution. Instead of relying on the idea that modelling assumptions are always strictly speaking false, this paper shows that the problem may be better framed as a problem of underdetermination between competing explanations. Our goal here is to provide a framework for choosing between this set of competing models that allows us to avoid a ‘Russian Roulette’-like situation in which we gamble with existential risk. (shrink)

Virtue ethics is traditionally a conservative project. It analyses the virtues that humanity has been relying on since antiquity. This conservatism unduly limits the potential of virtue ethics to contribute to moral progress. Instead, we should pay more attention to constructionist virtue ethics with the help of conceptual engineering. I will argue that revising and ameliorating the virtue concepts which a community uses directly and indirectly leads to a change of the virtues that exist in this community. By revising and (...) innovating virtue concepts, we can re-make and improve the virtues that we have. (shrink)

In rubber hand illusions and full body illusions, touch sensations are projected to non-body objects such as rubber hands, dolls or virtual bodies. The robustness, limits and further perceptual consequences of such illusions are not yet fully explored or understood. A number of experiments are reported that test the limits of a variant of the rubber hand illusion. Methodology/Principal Findings -/- A variant of the rubber hand illusion is explored, in which the real and foreign hands are aligned in personal (...) space. The presence of the illusion is ascertained with participants' scores and temperature changes of the real arm. This generates a basic illusion of touch projected to a foreign arm. Participants are presented with further, unusual visuotactile stimuli subsequent to onset of the basic illusion. Such further visuotactile stimulation is found to generate very unusual experiences of supernatural touch and touch on a non-hand object. The finding of touch on a non-hand object conflicts with prior findings, and to resolve this conflict a further hypothesis is successfully tested: that without prior onset of the basic illusion this unusual experience does not occur. Conclusions/Significance -/- A rubber hand illusion is found that can arise when the real and the foreign arm are aligned in personal space. This illusion persists through periods of no tactile stimulation and is strong enough to allow very unusual experiences of touch felt on a cardboard box and experiences of touch produced at a distance, as if by supernatural causation. These findings suggest that one's visual body image is explained away during experience of the illusion and they may be of further importance to understanding the role of experience in delusion formation. The findings of touch on non-hand objects may help reconcile conflicting results in this area of research. In addition, new evidence is provided that relates to the recently discovered psychologically induced temperature changes that occur during the illusion. (shrink)

There is surprising evidence that introspection of our phenomenal states varies greatly between individuals and within the same individual over time. This puts pressure on the notion that introspection gives reliable access to our own phenomenology: introspective unreliability would explain the variability, while assuming that the underlying phenomenology is stable. I appeal to a body of neurocomputational, Bayesian theory and neuroimaging findings to provide an alternative explanation of the evidence: though some limited testing conditions can cause introspection to be unreliable, (...) mostly it is our phenomenology itself that is variable. With this account of phenomenal variability, the occurrence of the surprising evidence can be explained while generally retaining introspective reliability. (shrink)

Virtue ethics has many times been suggested as a promising recipe for the construction of artificial moral agents due to its emphasis on moral character and learning. However, given the complex nature of the theory, hardly any work has de facto attempted to implement the core tenets of virtue ethics in moral machines. The main goal of this paper is to demonstrate how virtue ethics can be taken all the way from theory to machine implementation. To achieve this goal, we (...) critically explore the possibilities and challenges for virtue ethics from a computational perspective. Drawing on previous conceptual and technical work, we outline a version of artificial virtue based on moral functionalism, connectionist bottom–up learning, and eudaimonic reward. We then describe how core features of the outlined theory can be interpreted in terms of functionality, which in turn informs the design of components necessary for virtuous cognition. Finally, we present a comprehensive framework for the technical development of artificial virtuous agents and discuss how they can be implemented in moral environments. (shrink)