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

The ethical philosophy of Emmanuel Levinas is typically associated with a punishing conception of responsibility rather than freedom. In this chapter, our aim is to explore Levinas’s often overlooked theory of freedom. Specifically, we compare Levinas’s account of freedom to the Kantian (and Fichtean) idea of freedom as autonomy and the Hegelian idea of freedom as relational. Based on these comparisons, we suggest that Levinas offers a distinctive conception of freedom—“finite freedom.” In contrast to Kantian autonomy, finite freedom constitutively involves (...) standing in certain social relations with others. And in contrast to Hegelian relational freedom, the social relations involved in finite freedom are not defined by mutual recognition, but by feelings of separation and even antagonism. Along the way, we promote a reading Levinas’s Totality and Infinity as a Hegel-style story of Bildung (development), and show how, on Levinas’s view, freedom can develop or mature in the life of the individual. (shrink)

Starry Nights: Critical Structural Realism in Anthropology offers nothing less than a reinventing of the discipline of anthropology. In these six essays – four published here for the first time – Stephen Reyna critiques the postmodern tenets of anthropology, while devising a new strategy for conducting research. Combative and clear, Starry Nights provides an important critique of mainstream anthropology as represented by Geertz and the postmodern legacy, and envisions a mode of anthropological research that addresses social, cultural and biological (...) questions with techniques that are theoretically rigorous and practically useful. (shrink)

Featuring a remarkably clear writing style, Philosophy is a brief and accessible guide that is comprehensive enough to be used on its own or as a supplement to any introductory anthology. Focusing on the key issues in Western philosophy, this text presents balanced coverage of each issue andchallenges students to think critically.

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

Most donated organs in the United States come from brain dead donors, while a small percentage come from patients who die in “controlled,” or expected, circumstances, typically after the family or surrogate makes a decision to withdraw life support. The number of organs available for transplant could be substantially if donations were permitted in “uncontrolled” circumstances–that is, from people who die unexpectedly, often outside the hospital. According to projections from the Institute of Medicine, establishing programs permitting “uncontrolled donation after circulatory (...) determination of death,” or uDCDD, throughout the United States has the potential to provide 22,000 more donation opportunities annually. In contrast, U.S. controlled donation after circulatory determination of death, or cDCDD, cases have increased progressively over the past decade from 87 to 848 donors, but currently account for only 10.6 percent of all deceased donors. Following the IOM recommendations, several projects exploring the feasibility of uDCDD were funded by the federal government, including a grant from the Health Resources and Services Administration that supported a pilot project in New York City in which the authors of this article participated.A key feature of our protocol, and indeed of many uDCDD protocols, is the initiation of preservation methods such as chest compressions and extracorporeal membrane oxygenation shortly after death in order to perfuse and preserve the donor's organs. Critics of uDCDD argue that the means of determining death deviates from generally ascribed principles. They assert that reinstituting circulation in order to preserve organs has the effect of “undoing” the prior determination of death. The result is that cDCDD is widely accepted and practiced routinely even though it only marginally increases the number of organs available for transplantation, and uDCDD is widely considered unacceptable despite being ethically embraced and proven to significantly increase organ donation opportunities in other countries. This article explores the evolution of this counterintuitive state of affairs and calls for a policy that, in line with the IOM report, allows for both cDCDD and uDCDD protocols. (shrink)

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

The concept of "practices"--whether of representation, of political or scientific traditions, or of organizational culture--is central to social theory. In this book, Stephen Turner presents the first analysis and critique of the idea of practice as it has developed in the various theoretical traditions of the social sciences and the humanities. Understood broadly as a tacit understanding "shared" by a group, the concept of a practice has a fatal difficulty, Turner argues: there is no plausible mechanism by which a (...) "practice" is transmitted or reproduced. The historical uses of the concept, from Durkheim to Kripke's version of Wittgenstein, provide examples of the contortions that thinkers have been forced into by this problem, and show the ultimate implausibility of the idea. Turner's conclusion sketches a picture of what happens when we do without the notion of a shared practice, and how this bears on social theory and philosophy. It explains why social theory cannot get beyond the stage of constructing fuzzy analogies, and why the standard constructions of the contemporary philosophical problem of relativism depend upon this defective notion. This first book-length critique of practice theory is sure to stir discussion and controversy in a wide range of fields, from philosophy and science studies to sociology, anthropology, literary studies, and political and legal theory. (shrink)

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

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

It is argued that the intuitively sanctioned distinction between beliefs and non-belief states that play a role in the proximate causal history of beliefs is a distinction worth preserving in cognitive psychology. The intuitive distinction is argued to rest on a pair of features exhibited by beliefs but not by subdoxastic states. These are access to consciousness and inferential integration. Harman's view, which denies the distinction between beliefs and subdoxastic states, is discussed and criticized.

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

_A Brief History of Analytic Philosophy: From Russell to Rawls_ presents a comprehensive overview of the historical development of all major aspects of analytic philosophy, the dominant Anglo-American philosophical tradition in the twentieth century. Features coverage of all the major subject areas and figures in analytic philosophy - including Wittgenstein, Bertrand Russell, G.E. Moore, Gottlob Frege, Carnap, Quine, Davidson, Kripke, Putnam, and many others Contains explanatory background material to help make clear technical philosophical concepts Includes listings of suggested further readings (...) Written in a clear, direct style that presupposes little previous knowledge of philosophy. (shrink)

In this book, Stich unravels - or deconstructs - the doctrine called "eliminativism". Eliminativism claims that beliefs, desires, and many other mental states we use to describe the mind do not exist, but are fiction posits of a badly mistaken theory of "folk psychology". Stich makes a u-turn in his book, opening up new and controversial positions.

For the last 25 years discussions and debates about commonsense psychology (or “folk psychology,” as it is often called) have been center stage in the philosophy of mind. There have been heated disagreements both about what folk psychology is and about how it is related to the scientific understanding of the mind/brain that is emerging in psychology and the neurosciences. In this chapter we will begin by explaining why folk psychology plays such an important role in the philosophy of mind. (...) Doing that will require a quick look at a bit of the history of philosophical discussions about the mind. We’ll then turn our attention to the lively contemporary discussions aimed at clarifying the philosophical role that folk psychology is expected to play and at using findings in the cognitive sciences to get a clearer understanding of the exact nature of folk psychology. (shrink)

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

Rigid expressionism is the view that all natural kind terms and many other kind terms are rigid designators. Rigid expressionists embrace the ‘overgeneralization’ of rigidity, since they hold that not just natural kind terms but all unstructured kind terms are rigid designators. Unfortunately overgeneralization remains a defeating problem for rigid expressionism. It runs together natural kind terms and nominal kind terms in a way that enforces a false semantic uniformity. The Kripke/putnam view of natural kind terms minus the claim of (...) rigidity is correct, but a traditional descriptivist theory is appropriate for nominal kind terms. None of them should be thought of as either rigid or non-rigid, however. (shrink)

A venerable view, still very much alive, holds that human action is to be explained at least in part in terms of beliefs and desires. Those who advocate the view expect that the psychological theory which explains human behavior will invoke the concepts of belief and desire in a substantive way. I will call this expectation the belief-desire thesis. Though there would surely be a quibble or a caveat here and there, the thesis would be endorsed by an exceptionally heterogeneous (...) collection of psychologists and philosophers ranging from Freud and Hume, to Thomas Szasz and Richard Brandt. Indeed, a number of philosophers have contended that the thesis, or something like it, is embedded in our ordinary, workaday concept of action. If they are right, and I think they are, then insofar as we use the concept of action we are all committed to the belief-desire thesis. My purpose in this paper is to explore the tension between the belief-desire thesis and a widely held assumption about the nature of explanatory psychological theories, an assumption that serves as a fundamental regulative principle for much of contemporary psychological theorizing. This assumption, which for want of a better term I will call the principle of psychological autonomy, will be the focus of the first of the sections below. In the second section I will elaborate a bit on how the belief-desire thesis is to be interpreted, and try to extract from it a principle that will serve as a premise in the argument to follow. In the third section I will set out an argument to the effect that large numbers of belief-desire explanations of action, indeed perhaps the bulk of such explanations, are incompatible with the principle of autonomy. Finally, in the last section, I will fend off a possible objection to my argument. In the process, I will try to make clear just why the argument works and what price we should have to pay if we were resolved to avoid its consequences. (shrink)

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

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

The common assumption that the Transcendental Deduction aims to refute scepticism often leads interpreters to conclude that it fails and even that Kant is confused about what it is supposed to achieve. By examining what Kant himself says concerning the Deductions' relation to scepticism, this article seeks to determine what sort of scepticism he has in view and how he responds to it. It concludes that the Deduction aims neither to refute Cartesian, outer- world scepticism nor to refute Humean, empiricist (...) scepticism, and it outlines an alternative conception of the Deduction's task, as one of reconciling apparently conflicting claims of reason. (shrink)

Do animals have beliefs? Many of the philosophers who have thought about this question have taken the answer to be obvious. Trouble is, some of them take the answer to be obviously yes, others take it to be obviously no. In this disagreement both sides are surely wrong. For whatever the answer may be, it is not obvious. Moreover, as I shall argue, both sides are wrong in a more serious way, for on my view the issue itself is moot. (...) If I am right that the issue is moot, it is not for any lack of information about the details of animal psychology. What is at issue is not what animals are like, but whether the concept of belief can properly be applied to animals, given certain relatively uncontroversial assumptions about what animals are like. Working toward an answer requires that we dissect out various features of the concept of belief. And it is here that the philosophical interest of the issue lies. (shrink)

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

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

The rise of cognitive neuroscience is the most important scientific and intellectual development of the last thirty years. Findings pour forth, and major initiatives for brain research continue. The social sciences have responded to this development slowly--for good reasons. The implications of particular controversial findings, such as the discovery of mirror neurons, have been ambiguous, controversial within neuroscience itself, and difficult to integrate with conventional social science. Yet many of these findings, such as those of experimental neuro-economics, pose very direct (...) challenges to standard social science. At the same time, however, the known facts of social science, for example about linguistic and moral diversity, pose a significant challenge to standard neuroscience approaches, which tend to focus on "universal" aspects of human and animal cognition. A serious encounter between cognitive neuroscience and social science is likely to be challenging, and transformative, for both parties. Although a literature has developed on proposals to integrate neuroscience and social science, these proposals go in divergent directions. None of them has a developed conception of social life. This book surveys these issues, introduces the basic alternative conceptions both of the mental world and the social world, and show how, with sufficient modification, they can be fit together in plausible ways. The book is not a "new theory " of anything, but rather an exploration of the critical issues that relate to the social aspects of cognition which expands the topic from the social neuroscience of immediate interpersonal interaction to the whole range of places where social variation interacts with the cognitive. The focus is on the conceptual problems produced by any attempt to take these issues seriously, and also on the new resources and considerations relevant to doing so. But it is also on the need for a revision of social theoretical concepts in order to utilize these resources. The book points to some conclusions, especially about how the process of what was known as socialization needs to be understood in cognitive science friendly terms. But there is no attempt to resolve the underlying issues within cognitive science, which will doubtless persist. (shrink)

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