There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Assume that, even with a time machine, Tim does not have the ability to travel to the past and kill Grandfather. Why would that be? And what are the implications for traditional debates about freedom? We argue that there are at least two satisfactory explanations for why Tim cannot kill Grandfather. First, if an agent’s behavior at time _t_ is causally dependent on fact _F_, then the agent cannot perform an action (at _t_) that would require _F_ to have not (...) obtained. Second, if an agent’s behavior at time _t_ is causally dependent on fact _F_, then the agent cannot perform an action (at _t_) that would prevent _F_ from obtaining. These two explanations have distinct upshots for more traditional debates over freedom. The first implies that causal determinism is incompatible with the ability to do otherwise and also raises questions about the traditional arguments for the incompatibility of divine foreknowledge and the ability to do otherwise; the second does neither. However, both explanations imply that the Molinist account of divine providence renders agents unable to do otherwise, at least in certain circumstances. (shrink)

There is an old but powerful argument for the claim that exhaustive divine foreknowledge is incompatible with the freedom to do otherwise. A crucial ingredient in this argument is the principle of the “Fixity of the Past”. A seemingly new response to this argument has emerged, the so-called “dependence response,” which involves, among other things, abandoning FP for an alternative principle, the principle of the “Fixity of the Independent”. This paper presents three arguments for the claim that FI ought to (...) be preferred to FP. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

If there is a second dimension of time – a so-called ‘hypertime’ – is it logically possible for the past to change? Some have said yes; others have said no. I say yes provided that one has the appropriate ontological view of hypertime. So far, the ontology of hypertime has seldom been discussed. As such, this paper not only defends the logical possibility of a changing past, but aims to start a discussion on what ontological commitments are required to make (...) sense of a changing past. (shrink)

Hudson has formulated two local deterministic theses and argued that both are incompatible with freedom. We argue that Hudson has half the story right. Moreover, reflection on Hudson’s theses brings out an important point for debates about freedom generally: that instead of focusing on the notion of entailment, debates about freedom should focus on the notions of explanation and sourcehood. Hudson’s theses provide an excellent case study for why the latter notions ought to take precedence over the former in debates (...) about freedom. (shrink)

Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the right (...) places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

This volume celebrates the career of John Martin Fischer, whose work on a wide range of topics over the past forty years has been transformative and inspirational. Fischer's semicompatibilist view of free will and moral responsibility is perhaps the most widely discussed view of its kind, and his emphasis on the significance of reasons-responsiveness as the capacity that underlies moral accountability has been widely influential. Aside from free will and moral responsibility, Fischer is also well-known for his work on freedom (...) and foreknowledge, the problem of evil, the badness of death, the meaning of life, and the allure of immortality. This volume gathers new essays by leading scholars on some of the major themes of Fischer's work, and it also includes a new piece by Fischer in which he offers a systematic reflection on and defense of the motivations that have shaped his theorizing about moral responsibility. Freedom, Responsibility, and Value will be of interest to scholars and students working on a variety of issues in metaphysics, ethics, and philosophy of religion. (shrink)

Review of Causation and Free Will by Carolina Sartorio, Oxford University Press, 2016. viii + 188 pp. £35.00.

The fallacy fallacy is either the misdiagnosis of fallacy or the supposition that the conclusion of a fallacy must be a falsehood. This paper explores the relevance of these and related errors of reasoning for the appraisal of arguments, especially within virtue theories of argumentation. In particular, the fallacy fallacy exemplifies the Owl of Minerva problem, whereby tools devised to understand a norm make possible new ways of violating the norm. Fallacies are such tools and so are vices. Hence a (...) similar problem arises with argumentative vices. Fortunately, both instances of the problem have a common remedy. (shrink)

This thought provoking volume will be of interest to students and researchers working in the areas of legal and political theory and philosophy.

This article serves as an introduction to the laws-of-biology debate. After introducing the main issues in an introductory section, arguments for and against laws of biology are canvassed in Section 2. In Section 3, the debate is placed in wider epistemological context by engaging a group of scholars who have shifted the focus away from the question of whether there are laws of biology and toward offering good accounts of explanation(s) in the biological sciences. Section 4 introduces two relatively new (...) pieces of science – metabolic scaling theory and ecological stoichiometry – that have not been topics of much discussion by philosophers but are relevant because they have at least some of the hallmarks of laws of nature. Section 5 concludes by pointing out that discovering laws of biology, if any there be, will not necessarily answer the questions raised by the debate in the first place: we will still want to know how biology compares to other sciences, how to characterize its systems and processes, and whether accounts in terms of laws always or usually constitute adequate explanations in various sciences. (shrink)

Traditionally, the fiduciary duty of loyalty is implicated where corporate directors have conflicts of interest. In a major new decision, Stone v. Ritter, the Delaware Supreme Court determined that directors may also be disloyal when they act in bad faith. As a consequence, directors may be disloyal even when they have no conflicts of interest, and even when they intend to benefit their corporation. This Article reconciles this expanded fiduciary obligation with existing concepts of loyalty. The new loyalty is not (...) incoherent. Courts have adopted a recognizable understanding of loyal behavior - being “true” - that exists in other social spheres. Under this conception, loyal directors must not only act in the best interests of their corporation and its shareholders, they must also be honest with shareholders and comply with positive law. This Article then offers insights into the function of these expanded fiduciary duties. Although the new loyalty duties pose risks, there are good reasons to think they will provide net benefits. Following the recent Lyondell decision, it appears that the Stone case and its progeny will not result in significant revisions to the business judgment rule. However, the recent change in a director’s loyalty obligation may substantially lower information costs, giving better guidance to directors and simplifying coordination. In addition, the new conception of loyalty can also serve an important expressive function, enabling a more efficient level of trust among corporate actors, investors, and those who transact with the firm. (shrink)

We explore the view that Frege's puzzle is a source of straightforward counterexamples to Leibniz's law. Taking this seriously requires us to revise the classical logic of quantifiers and identity; we work out the options, in the context of higher-order logic. The logics we arrive at provide the resources for a straightforward semantics of attitude reports that is consistent with the Millian thesis that the meaning of a name is just the thing it stands for. We provide models to show (...) that some of these logics are non-degenerate. (shrink)

Few automated legal reasoning systems have been developed in domains of law in which a judicial decision maker has extensive discretion in the exercise of his or her powers. Discretionary domains challenge existing artificial intelligence paradigms because models of judicial reasoning are difficult, if not impossible to specify. We argue that judicial discretion adds to the characterisation of law as open textured in a way which has not been addressed by artificial intelligence and law researchers in depth. We demonstrate that (...) systems for reasoning with this form of open texture can be built by integrating rule sets with neural networks trained with data collected from standard past cases. The obstacles to this approach include difficulties in generating explanations once conclusions have been inferred, difficulties associated with the collection of sufficient data from past cases and difficulties associated with integrating two vastly different paradigms. A knowledge representation scheme based on the structure of arguments proposed by Toulmin has been used to overcome these obstacles. The system, known as Split Up, predicts judicial decisions in property proceedings within family law in Australia. Predictions from the system have been compared to those from a group of lawyers with favourable results. (shrink)

This essay considers Kant’s theory of modality in light of a debate in contemporary modal metaphysics and modal logic concerning the Barcan formulas. The comparison provides a new and fruitful perspective on Kant’s complex and sometimes confusing claims about possibility and necessity. Two central Kantian principles provide the starting point for the comparison: that the possible must be grounded in the actual and that existence is not a real predicate. Both are shown to be intimately connected to the Barcan formulas, (...) and Kant’s views on what he distinguishes as three different kinds of modality are then considered in light of this connection. (shrink)

This article focuses on the applications of philosophical logic in the discipline of philosophy of religion of both ‘Eastern’ and ‘Western’ traditions, in which the problem of apparent ontological contradictions can be found. A number of philosophers have proposed using the work of those non-classical logicians who countenance the violation of the law of non-contradiction (LNC) to address this problem. I discuss (1) whether classical or non-classical account of logic is universal in applying to all true theories, and (2) whether (...) there might be extra-logical considerations which affect what is the correct account of logic for the doctrines in question. With regard to Jc Beall’s application of non-classical (FDE) logic to the doctrine of the Incarnation, I argue using the evidence from the writings of church fathers that the meaning of negation found in the core claims of the doctrine of the Incarnation should not be interpreted in accordance with Beall’s FDE account, and that this extra-logical consideration refutes Beall’s project. Moreover, the FDE’s acceptance of the possibility of statements that are both true and false is contrary to what is allowed by the definition of negation in classical logic; therefore (contrary to Beall), Beall is in fact using a different definition of negation compared with the definition used by the classical account. I develop this point in interaction with contemporary philosophy of religion literature and explain its implications and significance for this discipline. (shrink)

We analyse the contention that privacy is an alien concept within Japanese society, put forward in various presentations of Japanese cultural norms at least as far back as Benedict in The chrysanthemum and the sword: patterns of Japanese culture. Houghton Mifflin, Boston, 1946. In this paper we distinguish between information privacy and physical privacy. As we show, there is good evidence for social norms of limits on the sharing and use of personal information (i.e. information privacy) from traditional interactions in (...) Japanese society, as well as constitutional evidence from the late 19th century (in the Meiji Constitution of 1889). In this context the growing awareness of the Japanese public about problems with networked information processing by public sector and commercial organisations from the 1980s (when a law governing public sector use of personal information was first passed) to recent years (when that law was updated and a first law governing commercial use of personal information was adopted) are not the imposition or adoption of foreign practices nor solely an attempt to lead Japanese society into coherence with the rest of the OECD. Instead they are drawing on the experience of the rest of the developed world in developing legal responses to the breakdown of social norms governing interchange and use of personal information, stressed by the architectural changes wrought by networked information processing capabilities. This claim is supported by consideration of standard models of Japanese social interactions as well as of Supreme Court judgements declaring reasonable expectations of protection of privacy to hold in Japan. (shrink)

To borrow a phrase from Galileo: What does it mean that the story of the creation is "written in the language of mathematics?" This book is an attempt to understand the natural world, its consistency, and the ontology of what we call laws of nature, with a special focus on their mathematical expression. It does this by arguing in favor of the Essentialist interpretation over that of the Humean and Anti-Humean accounts. It re-examines and critiques Descartes' notion of laws of (...) nature following from God's activity in the world as mover of extended bodies, as well as Hume's arguments against causality and induction. It then presents an Aristotelian-Thomistic account of laws of nature based on mathematical abstraction, necessity, and teleology, finally offering a definition for laws of nature within this framework. (shrink)

Peirce's Scientific Metaphysics is the first book devoted to understanding Charles Sanders Peirce's (1839-1914) metaphysics from the perspective of the scientific questions that motivated his thinking. While offering a detailed account of the scientific ideas and theories essential for understanding Peirce's metaphysical system, this book is written in a manner accessible to the non-specialist.

Rights have become,in recent years, a significant concern of legal theorists, as well as of those involved in moral and political philosophy. This new book seeks to move a number of debates forward by developing the analysis of rights and focusing upon more general theoretical considerations relating to rights. The book is divided into five parts. The first includes an explanation of the part played by conceptual analysis within jurisprudence, while the second conducts a re-examination of Hohfeld’s analysis of rights. (...) This part deals with the arguments advanced by a number of modern theorists including Hart, White and MacCormick. The third part contains the author’s own framework for discussing rights, including examples drawn from tort, constitutional law and international law, together with an analysis of Unger’s theory of rights. Part four centres on the perceived conflict between Dworkin, Rawls and Nozick as the defenders of a rights approach, and Bentham as the champion of utilitarianism and concludes that neither deals with the fundamental concerns of morality on which their theories are based. The fifth part consists of a conclusion which reflects on the key themes and considers the role of rights within general theory. For students, particularly helpful features of the book are the overt consideration of jurisprudential methodology and the opportunity to examine a number of key theorists linked by their divergent views on the subject of rights. (shrink)

In a first major study, the UK’s Royal Society found that 76% of people in the UK are in favour of therapeutic germline genomic editing to correct genetic diseases in human embryos, but found there was little appetite for germline genomic editing for non‐therapeutic purposes. Assuming the UK and other governments acted on these findings, can lawmakers and policymakers coherently regulate the use of biomedical innovations by permitting their use for therapeutic purposes but prohibiting their use for enhancement purposes? This (...) paper examines the very common claim in the enhancement literature that the therapy v enhancement distinction does little meaningful work in helping us think through the ethical issues, a claim that has significant implications for these lawmakers and policymakers who may wish to regulate genomic editing techniques to reflect the findings of this important study. The focus of this paper is on germline genomic editing as one of the main themes in this special issue. (shrink)

In this paper I explore Kant’s critical discussions of the topic of miracles (including the important but neglected fragment from the 1780s called “On Miracles”) in an effort to answer the question in the title. Along the way I discuss some of the different kinds of “laws” in Kant’s system, and also the argument for his claim that, even if empirical miracles do occur, we will never be in a good position to identify instances of them. I conclude with some (...) tentative remarks about the notorious suggestion that intelligible finite agents, too, might have some sort of influence over the laws of nature. The goal throughout is to show that exploring Kant’s answer to a traditional question in philosophical theology can deepen our understanding of his metaphysics and epistemology of nature generally. (shrink)

This paper is a contribution to the long-standing debate over the coherence of Charles Sanders Peirce’s overall system of philosophy. It approaches that issue through the lens of a contemporary debate over the notion of metaphysical grounding, or more broadly, the nature of metaphysical explanation, employing the laws of logic as a case study. The central question concerns how we can take seriously what we shall call Peirce’s Rule—that nothing can be admitted to be absolutely inexplicable—without being vulnerable to a (...) vicious regress or equally vicious circularity. I first argue that in Peirce’s early work he offers a quietist conception of grounding that provides a persuasive and ground-breaking answer to this central question. I then raise a familiar concern, that in Peirce’s later work we find hints of a more metaphysical conception of grounding that seems unable to answer that question and is thus inconsistent with his earlier work. The paper ends with a speculative interpretation of Peirce’s approach to metaphysics and its possible role in grounding logical principles. (shrink)

This paper develops an interpretation of what is essential to kant's doctrine of the highest good, Which defends it while also explaining why it is often rejected. While it is commonly viewed as a theological ideal in which happiness is proportioned to virtue, The paper gives an account in which neither feature appears. The highest good is best understood as a state of affairs to be achieved through human agency, Containing the moral perfection of all individuals and the satisfaction of (...) their permissible ends-I.E., One in which all act from the moral law and in doing so achieve their intended ends. The paper shows that the texts contain two distinct conceptions not distinguished by kant-Both a theological and a secular (political) notion. The standard objections apply to the theological, But the secular conception is consistent with kant's conception of moral conduct. Moreover, That the highest good is introduced as an end to be constructed out of the moral law indicates that the secular version is the essential notion. (shrink)

An extensive survey by Heathcote et al. (in press) found that the Law of Practice is closer to an exponential than a power form. We show that this result is hard to obtain for models using leaky competitive units when practice affects only the input, but that it can be accommodated when practice affects shunting self-excitation.

In this paper, I argue that Goff's view that universal consciousness grounds logical laws such as the law of non-contradiction cannot be true on the grounds that we cannot guarantee the classical logic loving nature of universal consciousness that Goff desires in order to ground logical laws. I will present three arguments to show this.

This article will provide a critique of tworecent English marriage law decisions, thefirst concerning a (female to male) transgenderman and the second a (male to female)intersexed woman. It will do so throughconsideration of the dialogue between each andthe landmark transgender case of Corbett v. Corbett. It will highlight howboth decisions, in seeking to minimise the factof `departure' from Corbett, serve toreproduce key elements of that decision whichserve to undermine the future prospects fortransgender law reform in the English context.In particular, both (...) decisions, in differentways, or with different emphases, ensure that`legal sex' continues to be determined by(bio)logical and temporal factors. Crucially,however, as in Corbett, it is legalanxiety over the boundaries of the `natural',and the homophobia of law, that underscoresthis anxiety, that account for these particularconstructions of `legal sex'. (shrink)

This paper considers Kant's views on how it can be rational to hope for God's assistance in becoming morally good. If I am fully responsible for making myself good and can make myself good, then my moral condition depends entirely on me. However, if my moral condition depends entirely on me, then it cannot depend on God, and it is therefore impossible for God to provide me with any assistance. But if it is impossible for God to provide me with (...) any assistance, it is irrational for me to hope for such assistance. I address this conundrum by providing an analysis of one necessary condition of rational hope: hope is rational only if the subject is not in a position to be certain that p is really impossible. I then offer several different strategies on which it might be rational to hope that God provides moral assistance, with the most radical of these strategies suggesting that, given our ignorance of the laws of the intelligible world, for all human beings know it is metaphysically possible that God perform a noumenal miracle on their moral character. -/- . (shrink)

One aim of the Critique of Practical Reason is to establish that reason alone can determine the will. To show that it can, it suffices to show that there are practical principles given by reason alone – what Kant terms ‘practical laws’, or (roughly) requirements of reason on action. Chapter I of the Analytic accomplishes this aim by arguing that the moral law is an authoritative practical principle given as a ‘fact of reason’. The chapter begins in section 1 with (...) a ‘Definition’ (Erklärung) of a practical law as a practical principle that.. (shrink)

Friedrich Schleiermacher is best known as the ''father of liberal Protestant theology,'' largely on the strength of his massive work of systematic theology, The Christian Faith. In this book, Andrew Dole presents a new account of Schleiermacher's theory of religion. Dole argues that Schleiermacher integrates the individualistic side of religion with a set of claims about its social dynamics, and that this takes place within a broader understanding of all events in the world as the product of a universal, (...) law-governed ''causal nexus.''. (shrink)

Anatole France’s The Red Lily is best known for this ironic aphorism: ‘The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.’ The laws mentioned in this aphorism are open to two criticisms. The first criticism is that they forbid conduct that oughtn’t to be forbidden. The second criticism is that they unfairly place greater burdens of compliance on some than on others. It (...) may be onerous for the poor to comply with the law against, say, sleeping under bridges; not so for the rich. It is this second criticism that I read France as expressing, and it is the reach of this criticism that I explore in this essay. Specifically, I want to ask whether the second criticism may apply to a law even if the first criticism does not – whether there can be laws that are good in the sense that they forbid behavior that genuinely ought to be forbidden, but that are nonetheless unfair in the distribution of compliance burdens they yield. Some examples may tempt us to say ‘no.’ It may be more burdensome for thrill-seekers than for the rest of us to comply with laws against speeding, but that does not make speeding laws unfair. But I argue that the answer is ‘yes.’ Good laws can, and surprisingly often do, yield unfair distributions of compliance burdens. I conclude the essay by showing how remedies for this sort of unfairness might work. (shrink)

Duhem's discussion of physical theories as natural classifications is neither antithetical nor incidental to the main thrust of his philosophy of science. Contrary to what is often supposed, Duhem does not argue that theories are better thought of as economically organizing empirical laws than as providing information concerning the nature of the world. What he is primarily concerned with is the character and justification of the scientific method, not the logical status of theoretical entities. The crucial point to notice is (...) that he took the principle of the autonomy of physics to be of paramount importance and he developed the conception of natural classification in opposition to accounts of physical theories that contravened it. (shrink)

Fiduciary law is one of the most important areas of private law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties fiduciaries owe to their beneficiaries.