This paper argues that "moral luck", understood as a susceptibility of moral desert to lucky or unlucky outcomes, does not exist. The argument turns on the claim that epistemic inquiry is an indissoluble part of moral responsibility, and that judgment on the moral decision making of others should and can adjust for this fact; test cases which aim to isolate moral dilemmas from epistemic consideration misrepresent our moral experience. If the phenomena believed by some philosophers to exemplify the need to (...) admit moral luck as part of their explanation are analysed in the light of this insight, the case for "moral luck" dissolves. (shrink)

The purely retributive moral justification of punishment has a gap at its centre. It fails to explain why the offender should not be protected from punishment by the intuitively powerful moral idea that afflicting another person (other than to avoid a greater harm) is always wrong. Attempts to close the gap have taken several different forms, and only one is discussed in this paper. This is the attempt to push aside the ‘protecting’ intuition, using some more powerful intuition specially invoked (...) by the situations to which criminal justice is addressed. In one aspect of his complex defence of pure retributivism, Michael S. Moore attempts to show that the emotions of well-adjusted persons provide evidence of moral facts which justify the affliction of culpable wrongdoers in retribution for their wrongdoing. In particular, he appeals to the evidential significance of emotions aroused by especially heinous crimes, including the punishment-seeking guilt of the offender who truly confronts the reality of his immoral act. The paper argues that Moore fails to vindicate this appeal to moral realism, and thus to show that intrinsic personal moral desert (as distinct from ‘desert’ in a more restricted sense, relative to morally justified institutions) is a necessary and sufficient basis for punishment. Other theories of the role of emotions in morality are as defensible as Moore’s, while the compelling emotions to which he appeals to clinch his argument can be convincingly situated within a non-retributivist framework, especially when the distinction between the intuitions of the lawless world, and those of the world of law, is recognised. -/- . (shrink)

In contrast to the vast literature on retributive theories of punishment, discussions of private revenge are rare in moral philosophy. This paper reviews some examples, from both classical and recent writers, finding uncertainty and equivocation over the ethical significance of acts of revenge, and in particular over their possible resemblances, in motive, purpose or justification, to acts of lawful punishment. A key problem for the coherence of our ethical conception of revenge is the consideration that certain acts of revenge may (...) be just (at least in the minimal sense that the victim of revenge has no grounds for complaint against the revenger) and yet be generally agreed to be morally wrong. The challenge of explaining adequately why private revenge is morally wrong poses particular difficulty for purely retributive theories of punishment, since without invoking consequentialist reasons it does not seem possible adequately to motivate an objection to just and proportionate acts of revenge. (shrink)

Moral Appraisability is not quite such a good book as its confident and lucid introduction leads one to hope, but it is work of both substance and promise. Ishtiyaque Haji’s main project is to determine sufficient conditions for moral appraisability: that is, for the propriety of holding an agent praiseworthy or blameworthy for an action. Identifying three primary conditions—control, autonomy, and epistemic—he refines them with the aid of a meticulous analysis of recent discussions and a range of vivid examples, and (...) applies them in his closing chapters to such vexed questions as the responsibility of addicts for their addictive behavior, the justification of cross-cultural attributions of blame, and our appraisability for our thoughts when dreaming. (shrink)

Claudia Card’s The Unnatural Lottery is a fluently written and intricately argued study of the importance of historical difference for moral thought and action. It moves from theoretical and methodological arguments, in which the philosophical interest of the work largely resides, into a series of applications, mainly in the field of sexual politics, which are always at least thought-provoking.

In justifying punishment we sometimes appeal to the idea that the punished offender has, by his criminal action against others, forfeited his moral right (and therefore his legal right) against hard treatment by the state. The imposition of suffering, or deprivation of liberty, loses its prima facie morally objectionable character, and becomes morally permissible. Philosophers interrogating the forfeited right theory generally focus on whether the forfeiting of the right constitutes a necessary or a sufficient condition for punishment to be permissible; (...) rarely do they ask whether the idea of a right that can be forfeited is itself morally illuminating. The paper examines and criticizes various versions of this theory. It concludes that the forfeited right arguments add little other than rhetorical dignity to the existing repertoire of justifications for punishment. They can be most usefully understood as communicating the thought that the offender cannot reasonably complain about the violation of rights he himself has violated. But the incapacitation of the offender’s reasonable complaint does not entail that we are justified in punishing him. (shrink)

Some retributivists claim that when we punish wrongdoers we achieve a good: justice. The paper argues that the idea of justice, though rhetorically freighted with positive value, contains only a small core of universally-agreed meaning; and its development in a variety of competing conceptions simply recapitulates, without resolving, debates within the theory of punishment. If, to break this deadlock, we stipulate an expressly retributivist conception of justice, then we should concede that punishment which is just (in the stipulated sense) may (...) be morally wrong. (shrink)

The paper argues that our emotions in response to fictional representations are best explained, not as requiring a suspension of disbelief, but as resembling the emotions we feel when we propound a hypothetical case to ourselves, such as the imagined happiness or suffering of ourselves or another. In reading fiction we voluntarily participate in a hypothesis represented by the work. If this explanation is accepted, we can retain the view that beliefs always entail commitment to the reality of what is (...) believed. (shrink)

The paper seeks to defend the following view. Aesthetic experience is historically contingent. Each of us is situated at a unique point in space and time, from which standpoint we continuously imagine our personal, and our collective, history. Our experience of any object of aesthetic intention is susceptible of being influenced by associations, that is by our locating the contemplated object in relation to some part or parts of this imagined history. We should not be embarrassed by the role that (...) such contingent associations play in our aesthetic life. In contemplating a work of art, as in loving or desiring another person, we focus intently upon the single object, but its value to us is enhanced by our seeing it from and through and in the light of our personal and collective 'historical' imagination. (shrink)

The paper explores the relevance of irrecoverable authorial intentions to the interpretation of texts. It suggests that the ways in which different conventions of discourse take account of the existence of irrecoverable intentions (i.e. of the failure of texts perfectly to represent their authors' intentions) can guide us to a criterion for distinguishing 'literary' from 'non-literary' texts, or 'literary'(aesthetically motivated) from 'non-literary' readings of texts.

This paper challenges recent influential arguments which would encourage legislators and courts to give weight to an assessment of the “evaluative judgements” expressed by the emotions which motivate crimes. While accepting the claim of Kahan and Nussbaum and others that emotions, other than moods, have intentional objects , and are not mere impulses which bypass cognition, it suggests the following criticisms of their analysis. First, the concept of an emotional “evaluative judgement” tends to elide the distinction between “judgements” that are (...) merely the sense of an emotion, and do not have the character of acts, and deliberative emotional judgements that do resemble acts and so properly fall within the corrective scope of the law. Second, intentional emotions are empowered by pre–intentional psychological resources which are less amenable than intentional states to the agent's conscious supervision: The traditional recognition of “infirmity” in mitigation of crimes uncharacteristic of the criminal's overall conduct towards others is justified by the unpredictable action of these pre–intentional elements and can survive the abandonment of the mechanistic conception of emotion. (shrink)

The paper considers acts of private (in the sense of individually motivated and extra-legal) revenge, and draws attention to a special kind of judgement we may make of such acts. While endorsing the general view that an act of private revenge must be morally wrong, it maintains that under certain special conditions (which include its being just) it is susceptible of a rational respect from others which is based on its standing outside morality, as a choice by the revenger not (...) to act morally but to obey other compelling motives. This thesis is tested against various objections, notably those which doubt the intelligibility or application of such non-moral respect, or would assimilate it to moral approval; and it is distinguished from various positions with which it might be confused, such as the 'admirable immorality' of Slote, or the Nietzschean critique of morality. (shrink)

In earlier work, I argued that examples supposed to substantiate consequential moral luck can lose their anomalous appearance if due account is taken of the moral obligation to discharge epistemic responsibilities, and of the different scope and focus of this obligation for the agent as contrasted with the observer. In his recent JMP article, Mark Silcox argues that my explanatory strategy is dependent on an unacceptable commitment to an ‘ineliminable epistemic gulf’ between first-person and third-person perspectives. Here I attempt a (...) defence against Silcox’s criticism, and tentatively suggest some wider implications of the debate. (shrink)

The paper examines three aspects of the debate over the introduction of victim impact statements (VIS) in criminal cases. The first is the challenge VIS presents to the wholly public conception of criminal justice, in which the offender is prosecuted, tried and punished in the name of the state and not the individual victim. The second is the claim by supporters of VIS that the enhancement of victim input contributes to repairing an imbalance between offender and victim, created by the (...) crime itself and exacerbated by existing criminal justice processes. The third is the claim that victim impact evidence is necessary to ensure that punishment is properly calibrated to the blameworthiness of the offender. In respect of each question, a key role is played in supporting VIS by two presuppositions: that criminal justice should be thought of as a field of conflict among individuals seeking their due, and that the courts suffer an institutional deficiency of human understanding that requires a special remedy. The paper argues that the case for VIS is seriously weakened if these presuppositions are not accepted, and draws attention to their derivation from a wider political culture characterised by the dominance of neo-liberalism or market individualism. (shrink)

A review of Michael Wood's book, On Empson.

In his paper 'Moral Responsibility and Moral Luck,' Brian Rosebury argues that believers in moral luck ignore the fact that an agent's moral responsibilities often encompass certain epistemic obligations not usually recognized by commonsense morality. I have suggested in my article 'Virtue Epistemology and Moral Luck' that the plausibility of Rosebury's position depends upon a philosophically dubious account of the relation between first- and third-person perspectives on ethically significant events. Rosebury has defended himself against this charge (...) in the present issue of this Journal; here, I develop my criticism at greater length. (shrink)

Brian Leftow offers a theist theory of necessity and possibility, and a new sort of argument for God's existence. He argues that necessities of logic and mathematics are determined by God's nature, but that it is events in God's mind - his imagination and choice - that account for necessary truths about concrete creatures.

Infallibilism leads to skepticism, and fallibilism is plagued by the threshold problem. Within this narrative, the pragmatic turn in epistemology has been marketed as a way for fallibilists to address the threshold problem. In contrast, pragmatic versions of infallibilism have been left unexplored. However, I propose that going pragmatic offers the infallibilist a way to address its main problem, the skeptical problem. Pragmatic infallibilism, however, is committed to a shifty view of epistemic certainty, where the strength of a subject’s epistemic (...) state can vary depending upon the practical context. Pragmatic views of epistemic strength are quite radical so the argumentative goal of my discussion is to argue for its plausibility, thereby arguing for the plausibility of pragmatic infallibilism. To do so, I discuss the role that the framing of decision problems and the construction of our deliberative attitudes have in our theories of rational choice. And I explore a way in which these necessary components of a normative theory of rationality can be used to motivate pragmatic views of evidential support. Finally, since the plausibility of our pragmatic account will depend upon the plausibility of a constructive account of rational choice, I conclude by comparing the adequacy of the constructive account with orthodox Bayesian and knowledge-based accounts. (shrink)

The view that phenomenally conscious robots are on the horizon often rests on a certain philosophical view about consciousness, one we call “nomological behaviorism.” The view entails that, as a matter of nomological necessity, if a robot had exactly the same patterns of dispositions to peripheral behavior as a phenomenally conscious being, then the robot would be phenomenally conscious; indeed it would have all and only the states of phenomenal consciousness that the phenomenally conscious being in question has. We experimentally (...) investigate whether the folk think that certain (hypothetical) robots made of silicon and steel would have the same conscious states as certain familiar biological beings with the same patterns of dispositions to peripheral behavior as the robots. Our findings provide evidence that the folk largely reject the view that silicon-based robots would have the sensations that they, the folk, attribute to the biological beings in question. (shrink)

This book uses computer modeling to investigate trends in what is published in leading philosophy journals over the last century and a half. The notable trends include the rise of realism from a fringe view to the mainstream metaphysical outlook, the increase in specialization, and the increasing depth of integration between philosophy and physical sciences. It also contains a guide to how to do similar investigations, and discussions of the strengths and weaknesses of the approach.

The popularity of direct-to-consumer genetic ancestry services has exploded over the past five years, with as many as 250 direct-to-consumer genetic ancestry testing companies currently operating and estimates that 1 in 5 Americans are customers of one or more of those companies. Marketing of genetic ancestry testing has consistently linked the results of DNA testing to a consumer’s racial and ethnic identity, and, because of that, can help consumers find out “who they really are.” We argue that the “biologization” of (...) race and ethnicity promoted in such marketing violates norms of marketing ethics. In particular, we show that this marketing technique violates a number of the core commitments and values of the American Marketing Association Statement of Ethics. (shrink)

Our aim here is to lay the groundwork for formal tree-ring analysis combining data from dendrochronology with formal techniques from semantics. We will present the basic syntax of, and basic compositional semantics of tree-ring structures.

This book examines John Locke as a theorist of migration, immigration, and the movement of peoples. It outlines the contours of the public discourse surrounding migration in the seventeenth century and situates Locke's in-depth involvement in these debates. The volume presents a variety of undercurrents in Locke's writing - his ideas on populationism, naturalization, colonization and the right to withdrawal, the plight of refugees, and territorial rights - which have great import in present-day debates about migration. Departing from the popular (...) extant literature that sees Locke advocating for a strong right to exclude foreigners, the author proposes a Lockean theory of immigration that recognizes the fundamental right to emigrate, thus, catering to an age wrought with terrorism, xenophobia and economic inequality. A unique and compelling contribution, the volume will be of great interest to scholars and researchers of political theory, political philosophy, history of international politics, international relations, international political economy, public policy, seventeenth century English history, migration and citizenship studies, and moral philosophy. (shrink)

This chapter explores a way in which visual processing may involve innate constraints and attempts to show how such processing overcomes one enduring challenge to nativism. In particular, many challenges to nativist theories in other areas of cognitive psychology have focused on the later development of such abilities, and have argued that such development is in conflict with innate origins. Innateness, in these contexts, is seen as antidevelopmental, associated instead with static processes and principles. In contrast, certain perceptual models demonstrate (...) how the very same mental processes can both be innately specified and yet develop richly in response to experience with the environment. This process is entirely unmysterious, as shown in certain formal theories of visual perception, including those that appeal to spontaneous endogenous stimulation and those based on Bayesian inference. (shrink)

Pt. I. Zeno and the metaphysics of quantity. Zeno's paradox of measure -- Tractarian nominalism -- Logical atoms and combinatorial possibility -- Strict coherence, sigma coherence, and the metaphysics of quantity -- pt. II. Coherent degrees of belief. Higher-order degrees of belief -- A mistake in dynamic coherence arguments? -- Dynamic coherence and probability kinematics -- Updating, supposing, and MAXENT -- The structure of radical probabilism -- Diachronic coherence and radical probabilism -- pt. III. Induction. Carnapian inductive logic for Markov (...) chains -- Carnapian inductive logic and Bayesian statistics -- Bayesian projectability. (shrink)

The Senate filibuster is among the most criticized political institutions in the United States. This paper examines the ethics of filibustering. The way filibustering currently proceeds in the Senate, I argue, is morally indefensible. Yet, there is a way filibustering could proceed that is both defensible and desirable from a normative perspective. This is because filibustering—if it is properly institutionalized—allows minority parties in the legislature to protect and advance their interests in a manner that avoids shortcomings faced by other institutions (...) proposed to accomplish these goals, such as supermajority rule and judicial review. (shrink)

[Brian P. McLaughlin] In recent years, some philosophers have claimed that we can know a priori that certain external world skeptical hypotheses are false on the basis of a priori knowledge that we are in certain kinds of mental states, and a priori knowledge that those mental states are individuated by contingent environmental factors. Appealing to a distinction between weak and strong a priority, I argue that weakly a priori arguments of this sort would beg the question of whether (...) the skeptical hypothesis under assessment is true, and that the prospect of a sound strongly a priori argument of this sort seems dim. \\\ [David Owens] Contemporary discussion of scepticism focuses on the possibility that most or all of our beliefs might be false. I argue that the hypothesis of massive falsity and the associated 'problem of the external world' are inessential to the scepticisms of Descartes and Hume. What drives Cartesian and Humean scepticism is the demand for certainty: any possibility of error, however local, must be ruled out before we can claim either justified belief or knowledge. Contemporary philosophers have ignored this form of scepticism because they doubt that the demand for certainty can be motivated. But Descartes provides a sound motivation for this demand in the Meditations. (shrink)

This edited collection responds to Richard Kearney's recent work on touch, excarnation, and embodiment, as well as his broader work in carnal hermeneutics, which sets the stage for his return to and retrieval of the senses of the lived body. Here, fourteen scholars engage the breadth and depth of Kearney's work to illuminate our experience of the body. The essays collected within take up a wide variety of subjects, from nature to non-human animals to our experience of the sacred and (...) the demonic, from art's account of touching to the political implications of various types of embodiment. Followed by an inspired new reflection from Kearney himself, in which he lays out his vision for "anacarnation," this volume is an important statement about the centrality of touch and embodiment in our experience, and a reminder that, despite the excarnating tendencies of contemporary life, the lived body remains a touchstone for wisdom in our increasingly complicated and fragile world. Written for scholars and students interested in touch, embodiment, phenomenology, and hermeneutics, this diverse and challenging collection contributes to a growing field of scholarship that recognises and attempts to correct the excarnating trends in philosophy and in culture at large. (shrink)

Professor Brian V. Johnstone, CSsR, has been quietly and unobtrusively contributing to the intellectual life of Catholicism, especially in the field of moral theology, for nearly four decades. Having published numerous theological articles on many topics, including biomedical ethics, peace and war, and fundamental moral theology, and directed many doctoral dissertations, it is no exaggeration to say that he has dedicated his entire life to teaching and writing theology. In honor of Johnstone's work, this felicitation volume covers a wide (...) range of themes in the Christian moral life with original articles written by internationally recognized theologians. In the spirit of Johnstone's thought and work, each article challenges the reader to reflect upon the present while contemplating the future of moral theology. (shrink)

The essay offers a philosophical reconstruction of Nietzsche’s theory of the will, focusing on (1) Nietzsche’s account of the phenomenology of “willing” an action, the experience we have which leads us (causally) to conceive of ourselves as exercising our will; (2) Nietzsche’s arguments that the experiences picked out by the phenomenology are not causally connected to the resulting action (at least not in a way sufficient to underwrite ascriptions of moral responsibility); and (3) Nietzsche’s account of the actual causal genesis (...) of action. Particular attention is given to passages from Daybreak, Beyond Good and Evil and Twilight of the Idols and a revised version of my earlier account of Nietzsche’s epiphenomenalism is defended. Finally, recent work in empirical psychology (Libet, Wegner) is shown to support Nietzsche’s skepticism that our “feeling” of will is a reliable guide to the causation of action. (shrink)

General jurisprudence-that branch of legal philosophy concerned with the nature of law and adjudication-has been relatively unaffected by the "naturalistic" strains so evident, for example, in the epistemology, philosophy of mind and moral philosophy of the past forty years. This paper sketches three ways in which naturalism might affect jurisprudential inquiry. The paper serves as a kind of precis of the main themes in my book NATURALIZING JURISPRUDENCE: ESSAYS ON AMERICAN LEGAL REALISM AND NATURALISM IN LEGAL PHILOSOPHY (Oxford University Press, (...) 2007). (shrink)

This book extends philosophy's engagement with the double beyond hierarchized binary oppositions. Brian Seitz explores the double as a necessary ontological condition or figure that gets represented, enacted, and performed repeatedly and in a myriad of configurations. Seitz suggests that the double in all of its forms is simultaneously philosophy's shadow, its nemesis, and the condition of its possibility. This book expands definitions and investigations of the double beyond the confines of philosophy, suggesting that the concept is at work (...) in many other fields including politics, cultural narratives, literature, mythology, and psychology. Seitz approaches the double by means of a series of case studies and by engaging loosely in eidetic variation, a methodological maneuver borrowed from phenomenology. The book explores the ways in which wide-ranging instances of the double are connected by the dynamics of intersubjectivity. (shrink)

Hearing Double is an extended meditation on the jazz standard that brings together both musical analysis and philosophical analysis to offer a novel theory of musical works. Rather than focus on works of classical music, which has been the main focus of most Anglophone philosophy of music, Hearing Double focuses on "jazz standards" and attempts to theorize what makes them ontologically and historically specific and important. In this theory, standards are understood to emerge from networks of musical performances. Part I (...) describes the ontology of these musical networks by considering two musical processes, "replication" and "nomination," and their interaction. Part II discusses the historical conditions that encouraged standards to emerge. These conditions promoted an auditory culture where new songs were expected to circulate in ever-changing performances and arrangements. By weaving together ontological theory and auditory cultural history, Hearing Double challenges conventional understandings of the jazz repertoire, and opens up a new method for understanding the history, purpose, meaning, and aesthetics of jazz standards. (shrink)

What is the significance of the Protestant Reformation for Christian ethical thinking and action? Can core Protestant commitments and claims still provide for compelling and viable accounts of Christian living. This collection of essays by leading international scholars explores the relevance of the Protestant Reformation and its legacy for contemporary Christian ethics.

Marx did not have a normative theory, that is, a theory that purported to justify, discursively and systematically, his normative opinions, to show them to be rationally obligatory or objectively valid. In this regard, Marx was obviously not alone: almost everyone, including those who lead what are widely regarded as exemplary ‘moral’ lives, decide and act on the basis of normative intuitions and inclinations that fall far short of a theory. Yet self-proclaimed Marxists like G. A. Cohen and Jurgen Habermas (...) have reintroduced a kind of normative theory into the Marxian tradition that Marx himself would have ridiculed. This essay defends Marx’s position and tries to explain the collapse of Western Marxism into bourgeois practical philosophy, i.e., philosophizing about what ought to be done that is unthreatening to capitalist relations of production. (shrink)

Introduction: From legal realism to naturalized jurisprudence -- A note on legal indeterminacy -- Part I. American legal realism and its critics -- Rethinking legal realism: toward a naturalized jurisprudence (1997) -- Legal realism and legal positivism reconsidered (2001) -- Is there an "American" jurisprudence? (1997) -- Postscript to Part I: Interpreting legal realism -- Part II. Ways of naturalizing jurisprudence -- Legal realism, hard positivism, and the limits of conceptual analysis (1998, 2001) -- Why Quine is not a postmodernist (...) (1997) -- Beyond the Hart/Dworkin debate: the methodology problem in jurisprudence (2003) -- Part III. Naturalism, morality, and objectivity -- Moral facts and best explanations (2001) -- Objectivity, morality, and adjudication (2001) -- Law and objectivity (2002). (shrink)

The essays in this volume trace the fluid movement between phenomenological and religious descriptions of the capable self that emerges across Ricoeur's oeuvre ...

“Philosophical perspectivism” is surely one of Nietzsche's most important insights regarding the limits of human knowledge. However, the perspectivist thesis combined with a minimal realist metaphysical position produces what Brian Leiter calls the 'Received View': an epistemologically incoherent misinterpretation of Nietzsche which pervades the secondary literature. In order to salvage the thesis of perspectivism, Leiter argues that we must commit Nietzsche to an anti-realist metaphysical position. I argue that Leiter's proposed solution is (1) epistemically weak, and (2) inconsistent with (...) much of Nietzsche's views on truth, knowledge and the psychological make-up of human beings. I argue that we need to abandon the scheme/content distinction on which both the Received View and Leiter's anti-realist construal of perspectivism are predicated and instead construe perspectives as environments of power. (shrink)