The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing (...) need for change. (shrink)

The ‘adjustment strategy’ currently seems to be the most common approach to incorporating objective elements into one's theory of well‐being. These theories face a certain problem, however, which can be avoided by a different approach – namely, that employed by ‘partially objective multi‐component theories.’ Several such theories have recently been proposed, but the question of how to understand their mathematical structure has not been adequately addressed. I argue that the most mathematically simple of these multi‐component theories fails, so I proceed (...) to investigate more sophisticated ways to formulate such a theory. I conclude that one of these – the Discount/Inflation Theory – is particularly promising. (shrink)

Internalism about a person's good is roughly the view that in order for something to intrinsically enhance a person's well-being, that person must be capable of caring about that thing. I argue in this paper that internalism about a person's good should not be believed. Though many philosophers accept the view, Connie Rosati provides the most comprehensive case in favor of it. Her defense of the view consists mainly in offering five independent arguments to think that at least some form (...) of internalism about one's good is true. But I argue that, on closer inspection, not one of these arguments succeeds. The problems don't end there, however. While Rosati offers good reasons to think that what she calls 'two-tier internalism' would be the best way to formulate the intuition behind internalism about one's good, I argue that two-tier internalism is actually false. In particular, the problem is that no substantive theory of well-being is consistent with two-tier internalism. Accordingly, there is reason to think that even the best version of internalism about one's good is in fact false. Thus, I conclude, the prospects for internalism about a person's good do not look promising. (shrink)

In this article, I aim to clarify how Actual Desire Satisfactionism should accommodate the ways in which desire and time are connected. In particular, I argue that Weak Concurrentism represents the most promising way for the Desire Satisfactionist to capture the temporal nature of desire. I consider the Desire Satisfactionist's other main options, but argue that none succeeds. This leaves Weak Concurrentism looking attractive. However, Weak Concurrentism might also be thought to have some implausible consequences of its own. Nonetheless, I (...) argue that, on closer inspection, these consequences are not implausible at all – at least by the lights of the Desire Satisfactionist. I do not offer a full-blown defence of Weak Concurrentism, but rather aim to defend only a conditional conclusion: in so far as one is committed to Actual Desire Satisfactionism, Weak Concurrentism represents the best way to tackle the problems raised by the temporal nature of desires. (shrink)

American criminal law is committed to some version of the doctrine of double effect. In this paper, I defend a new variant of the agent-centered rationale for a version of DDE that is of particular relevance to the criminal law. In particular, I argue for a non-absolute version of DDE that concerns the relative culpability of intending a bad or wrongful state of affairs as opposed to bringing it about merely knowingly. My aim is to identify a particular feature of (...) the former in virtue of which it is pro tanto more culpable than the latter. Providing an agent-centered argument of this kind for a culpability version of DDE, I argue, is an especially attractive route to take for those who are interested in vindicating the way the criminal law actually encodes DDE. (shrink)

Hausman and McPherson defend welfare economics by claiming that even if welfare does not consist in preference satisfaction, preferences still provide good, if fallible, evidence of welfare. I argue that this strategy does not yet fully solve the problems for welfare economics stemming from the preference satisfaction theory of welfare. More work is needed to show that our self-interested preferences are sufficiently reliable, or in some other sense our best, evidence of well-being. Thus, my aim is to identify the challenges (...) that remain and clarify what additional work is needed before Hausman and McPherson's defence of welfare economics succeeds. (shrink)

The criminal law declines to punish merely for bad attitudes that are not properly manifested in action. One might try to explain this on practical grounds, but these attempts do not justify the law’s commitment to never punishing unmanifested mental states in worlds relevantly similar to ours. Instead, a principled explanation is needed. A more promising explanation thus is that one cannot be criminally culpable merely for unmanifested bad attitudes. However, the leading theory of criminal culpability has trouble making good (...) on this claim. This is the theory that an action is criminally culpable to the extent that it manifests insufficient regard for legally protected interests. The trouble is that this theory’s defenders have not adequately explained what it is for an action to manifest insufficient regard. In this paper, I aim to provide the required account of manifestation, thereby rendering the insufficient regard theory more defensible. This, in turn, allows the view to explain the broad range of doctrines that treat unmanifested mental states as irrelevant. The resulting theory of criminal culpability is both descriptively plausible and normatively attractive. Moreover, it highlights the continuity between criminal culpability and moral blameworthiness by showing how the former functions as a stripped-down analogue of the latter. (shrink)

Whether causing flash crashes in financial markets, purchasing illegal drugs, or running over pedestrians, AI is increasingly engaging in activity that would be criminal for a natural person, or even an artificial person like a corporation. We argue that criminal law falls short in cases where an AI causes certain types of harm and there are no practically or legally identifiable upstream criminal actors. This Article explores potential solutions to this problem, focusing on holding AI directly criminally liable where it (...) is acting autonomously and irreducibly. Conventional wisdom holds that punishing AI is incongruous with basic criminal law principles such as the capacity for culpability and the requirement of a guilty mind. -/- Drawing on analogies to corporate and strict criminal liability, as well as familiar imputation principles, we show how a coherent theoretical case can be constructed for AI punishment. AI punishment could result in general deterrence and expressive benefits, and it need not run afoul of negative limitations such as punishing in excess of culpability. Ultimately, however, punishing AI is not justified, because it might entail significant costs and it would certainly require radical legal changes. Modest changes to existing criminal laws that target persons, together with potentially expanded civil liability, are a better solution to AI crime. (shrink)

This article introduces the main conceptual and normative questions about willful ignorance. The first section asks what willful ignorance is, while the second section asks why—and how much—it merits moral or legal condemnation. My approach is to critically examine the criminal law's view of willful ignorance. Doing so not only reveals the range of positions one might take about the phenomenon but also sheds light on foundational questions about the nature of culpability and the relation between law and morality.

This paper looks at two accounts of Aristotle's views on the virtue of megalopsychia. The first, defended by Christopher Cordner, commits Aristotle to two claims about the virtuous person that might seem unpalatable to modern readers. The second account, defended by Roger Crips, does not commit Aristotle to these claims. Some might count this as an advantage of Crisp's account. However, I argue that Cordner's account, not Crisp's, is actually the better interpretation of Aristotle. Nonetheless, this does not ultimately spell (...) trouble for Aristotle, since, as I argue, the claims that Cordner's account commits Aristotle to are, on closer inspection, not really problematic. (shrink)

Courts commonly allow willful ignorance to satisfy the knowledge element of a crime. The traditional rationale for this doctrine is that willfully ignorant misconduct is just as culpable as knowing misconduct. But it is not obvious that this “equal culpability thesis” holds across the board. Is it true in all cases of willful ignorance or only some? This is the question I investigate here. -/- Specifically, I argue against several common versions of the equal culpability thesis before defending my own (...) restricted version. First, I argue that the broadest version of the thesis, adopted by many courts, is overinclusive. Then I argue against several restricted versions of the thesis offered by legal theorists including Doug Husak, David Luban, and Deborah Hellman. My own account, by contrast, is premised on a duty of reasonable investigation. If my account is on the right track, the widely employed willful ignorance doctrine stands in need of reform. (shrink)

George Bealer has provided an elaborate defense of the practice of appealing to intuition in philosophy. In the present paper, I argue that his defense fails. First, I argue that Bealer’s theory of determinate concept possession, even if true, would not establish the “autonomy” of philosophy. That is, even if he is correct about what determinate concept possession consists in, it would not follow that it is possible to answer the central questions of philosophy by critical reflection on our intuitions. (...) Furthermore, I argue that Bealer’s account of determinate concept possession in fact faces serious problems. Accordingly, I conclude that Bealer does not succeed in vindicating the appeal to intuition in philosophy. (shrink)

Reactive emotion accounts hold that blameworthiness should be analyzed in terms of the familiar reactive emotions. However, despite the attractions of such views, we are not persuaded that blameworthiness is ultimately a matter of correctly felt reactive emotion. In this paper, we draw attention to a range of little-discussed considerations involving the moral significance of the passage of time that drive a wedge between blameworthiness and the reactive emotions: the appropriateness of the reactive emotions is sensitive to the passage of (...) time in ways that attributions of blameworthiness are not. There are a number of ways in which reactive emotion accounts might attempt to accommodate the moral significance of time, however. We consider the most important of these, but ultimately find them wanting. Accordingly, we conclude that the prospects for the reactive emotion accounts are bleak. Our argument, if successful, has a range of implications for legal theory, most importantly in providing a novel moral basis for statutes of limitations and in shedding light on new avenues in the theory of criminal law generally. (shrink)

In a recent paper in this journal, Gideon Yaffe provides an expected utility model of culpability in order to explain why willfully ignorant misconduct sometimes is just as culpable as knowing misconduct. Although promising, I argue here that challenges remain for Yaffe’s view. First, I argue that Yaffe’s proof of the equal culpability of willful ignorance and knowledge is not watertight in certain realistic cases. Next, I argue that Yaffe’s view of culpability is motive-sensitive in a way that sits uncomfortably (...) with criminal law doctrine, and I show that his view has difficulty with unjustified actions that are nonetheless privileged. Perhaps these problems can be solved by modifying Yaffe’s account using the notion of legally recognized reasons. However, I argue that difficulties remain when it comes to implementing this solution into Yaffe’s mathematical model. Finally, I raise concerns about Yaffe’s account of willful ignorance in particular. While his view initially seems to have a major advantage over the additive picture of willful ignorance I’ve defended, this advantage does not stand up under scrutiny. In fact, Yaffe likely relies on an additive metaphysical picture of willful ignorance as well. (shrink)

The legal reasons that bind a judge and the moral reasons that bind all persons can sometimes pull in different directions. There is perhaps no starker example of such judicial dilemmas than in criminal sentencing. Particularly where mandatory minimum sentences are triggered, a judge can be forced to impose sentences that even the judge regards as “immensely cruel, if not barbaric.” Beyond those directly harmed by overly harsh laws, some courts have recognized that “judges who, forced to participate in such (...) inhumane acts, suffer a loss of dignity and humanity as well.” When faced with such a judicial dilemma—a powerful tension between the judge’s legal and moral reasons—the primary question is what a judge can do to resolve it. We argue that the two standard responses—sacrificing morality to respect the law (“legalism”), or sacrificing the law to respect morality (“moralism”)—are unsatisfying. Instead, this Article defends an underexplored third response: rather than abandoning one ideal to maximally promote the other, we argue that judges should seek to at least minimally satisfy the demands of both. Judges should, in other words, look for and employ what we dub Satisficing Options. These are actions that enjoy sufficient support from both the legal reasons and the moral reasons, and thus are both legally and morally permissible—even if the acts in question would not strictly count as optimal by the lights of the law or morality. This common sensical response to the problem is not only underappreciated in the literature, but also has great practical import. Focusing on the sentencing context, this Article demonstrates that judicial dilemmas can be systematically resolved, mitigated or avoided through a range of concrete strategies that on their own or in conjunction can constitute Satisficing Options: these strategies include seeking out legally permitted but morally preferable interpretations of the law, expressing condemnation of unjust laws in dicta, and seeking assistance or cooperation from other actors to help defendants facing substantively unjust mandatory sentences. While these strategies can at times also go too far, we argue that in certain contexts they can be sufficiently defensible on both legal and moral grounds to be a justifiable response to judicial dilemmas. This Article thus provides both a novel theoretical framework for understanding the justification of judicial responses to unjust laws, as well as a practical a menu of options which judges can use to guide their responses to the judicial dilemmas that they are increasingly likely to encounter within our criminal justice system. (shrink)

The problem of legal luck asks why defendants who cause harm should receive more punishment than analogous actors who, simply due to luck, don’t cause harm. Here I consider one type of justification that assumes luckily harmless actors are just as culpable as their harmful counterparts. Specifically, I focus on the legislature’s reasons to ratchet down punishments for harmless wrongdoers beneath what is permitted on culpability grounds. After critiquing several such arguments, I develop a more promising version based on the (...) idea that the legislature has a duty not to be cruel. The legislature would violate this duty if it always passed laws imposing the maximum punishments permitted on culpability grounds. Withholding some punishment otherwise due harmless wrongdoers thanks to their culpability is a particularly appropriate way for the legislature to eschew cruelty. This provides a promising new justification for punishing luckily harmless misconduct less harshly. (shrink)

For any putative excuse, why not recast it as a justification rendering one’s wrongful conduct ultimately permissible? This paper confronts the worry that many, perhaps all, excuses might collapse into justifications – either in morality or criminal law. It is an especially pressing problem for normative expectations views, on which excuses speak to a lower standard than justifications. I argue that the prospects for decisively blocking collapse within morality look bleak – at least if we adhere to an important constraint (...) of the present project. I want to see if we can block collapse without appealing to a substantive theory of moral wrongness or taking on robust theoretical commitments about interpersonal morality. This is especially important for criminal law purposes, though I concede that blocking collapse in morality likely requires substantive commitments. Accordingly, I develop a more ecumenical way to block collapse within the criminal law, although not morality. The key is to attend to differences in how the legislature can legitimately assign weight to reasons in determining which actions it deems to be wrong vs. how individuals can fairly be expected to assign weight to reasons, which is key to assessing culpability. Institutional considerations impact the former but not the latter. (shrink)

This dissertation is structured in such a way as to gradually home in on the true theory of welfare. I start with the whole field of possible theories of welfare and then proceed by narrowing down the options in a series of steps. The first step, undertaken in chapter 2, is to argue that the true theory of welfare must be what I call a partly response independent theory. First I reject the entirely response independent theories because there are widely-shared (...) intuitions suggesting that some psychological responses are indeed relevant to welfare. Then I reject the entirely response dependent theories because there are other central intuitions suggesting that our welfare is not determined solely by our psychological responses. Thus I reach the preliminary conclusion that welfare must involve some response independent (or objective) component. The next step is to consider the most promising theories in the partly response independent category. In particular, I formulate, refine and ultimately reject what seem to be the main monistic theories that have been proposed in this category. In chapter 4, I reject the Adjusted-Enjoyment Theories of Welfare because they cannot account for the claim that a life containing no pleasure or pain can still contain a positive amount of welfare (e.g. if it’s a particularly successful life). Then in chapters 5-7, I discuss Desire Satisfaction theories of welfare. I argue that even the most promising of these theories – e.g. Worthiness Adjusted Desire Satisfactionism – are problematic because they cannot accommodate the claim that a life containing no success with respect to worthwhile projects can still contain a positive amount of welfare (e.g. if it’s a particularly pleasant life). Finally, I suggest that in order to accommodate the intuitions that led to the rejection of all these other theories of welfare, what is needed is a multi-component theory. In the final chapter, I formulate a multi-component theory that is particularly promising. Not only does it avoid the problems of the monistic theories discussed earlier, but, by incorporating a number of novel mathematical devices, it avoids problems that undermine several other initially promising multi-component theories of welfare. (shrink)

In Ignorance of Law, Doug Husak defends a version of legal moralism on which ‘we should recognize a presumption that the criminal law should…be based, on conform to, or mirror critical morality’. Here I explore whether substantive criminal law rules should directly mirror not moral blameworthiness, but a distinct legal notion of criminal culpability – akin to moral blameworthiness but refined for deployment in legal systems. Contra Husak, I argue that the criminal law departing from the moral ideal embodied in (...) the standard of moral blameworthiness is not always to be regretted. After showing how criminal culpability might come apart from moral blameworthiness, I argue that my alternative to Husak’s view has practically interesting upshots. In particular, it allows us to resist Husak’s central conclusions about the exculpatory force of normative ignorance. There are good reasons for the criminal law to make certain charitable presumptions about citizens as competent agents, which the standard of moral blameworthiness needn’t similarly embody, and this calls into question Husak’s argument for the claim that normative ignorance exculpates. (shrink)

In his recent book Attempts, Gideon Yaffe suggests that attempts should be criminalized because of a principle he dubs the “Transfer Principle.” This principle holds that if a particular form of conduct is legitimately criminalized, then the attempt to engage in that form of conduct is also legitimately criminalized. Although Yaffe provides a powerful defense of the Transfer Principle, in this paper I argue that Yaffe’s argument for it ultimately does not succeed. In particular, I formulate two objections to Yaffe’s (...) argument for the Transfer Principle. First, I argue that a basic assumption about criminalization, on which Yaffe’s argument crucially depends, is incomplete, and Yaffe’s own attempt to supplement it undermines his argument for the Transfer Principle. Second, I argue that Yaffe’s argument does not properly account for the fact that those who merely attempt a crime and those who complete it might sometimes be responding to reasons in different ways. Accordingly, I conclude that Yaffe has not succeeded in establishing the truth of the Transfer Principle. (shrink)

This book review sketches the main arguments of Findlay Stark’s book, and then goes on to develop an objection to Stark’s account of one of the core notions in the book—namely, awareness of risk.

In his book Criminally Ignorant: Why the law pretends we know what we don’t,1 Sarch provides a compelling re-conceptualisation and defence of the doctrine of wilful ignorance. Wilful ignorance is a...

The extent of a company’s responsibility for the criminal conduct of its employees, as far as such a concept is legally recognised at all, differs between jurisdictions. There has been a shift in r...

Two sources of possible disagreement in bioethics may be associated with pessimism about what bioethics can achieve. First, pluralism implies that bioethics engages with interlocutors who hold divergent moral beliefs. Pessimists might believe that these disagreements significantly limit the extent to which bioethics can provide normatively robust guidance in relevant areas. Second, the interdisciplinary nature of bioethics suggests that interlocutors may hold divergent views on the nature of bioethics itself—particularly its practicality. Pessimists may suppose that interdisciplinary disagreements could frustrate the (...) goals of bioethics. In this article, I explore how wonder may alleviate the concerns of the first group of pessimists regarding problems associated with pluralism, provided that we are willing to accept some interdisciplinary frustrations. Then, I invite readers of this issue of The Journal of Medicine & Philosophy to test these intuitions by considering the role of wonder in these articles. (shrink)

In this paper we discuss how Causal Decision Theory should be modified to handle a class of problematic cases involving deterministic laws. Causal Decision Theory, as it stands, is problematically biased against your endorsing deterministic propositions (for example it tells you to deny Newtonian physics, regardless of how confident you are of its truth). Our response is that this is not a problem for Causal Decision Theory per se, but arises because of the standard method for assessing the truth of (...) certain counterfactuals. The truth of deterministic laws is `modally fragile' on the standard semantics for counterfactuals: if determinism is true and you were to do otherwise, the laws would be different. We provide two ways of avoiding this problem: 1) supplement the standard semantics for counterfactuals with impossible worlds, or 2) introduce rigid designators into the description of problematic decision situations. We argue that both of these approaches are well-motivated and can be readily incorporated into Lewisian Causal Decision Theory. (shrink)

A new speculative ontology of aesthetics. In Aesthesis and Perceptronium, Alexander Wilson presents a theory of materialist and posthumanist aesthetics founded on an original speculative ontology that addresses the interconnections of experience, cognition, organism, and matter. Entering the active fields of contemporary thought known as the new materialisms and realisms, Wilson argues for a rigorous redefining of the criteria that allow us to discriminate between those materials and objects where aesthesis (perception, cognition) takes place and those where it doesn't. (...) Aesthesis and Perceptronium negotiates between indiscriminately pluralist views that attribute mentation to all things and eliminative views that deny the existence of mentation even in humans. By recasting aesthetic questions within the framework of "epistemaesthetics," which considers cognition and aesthetics as belonging to a single category that can neither be fully disentangled nor fully reduced to either of its terms, Wilson forges a theory of nonhuman experience that avoids this untenable dilemma. Through a novel consideration of the evolutionary origins of cognition and its extension in technological developments, the investigation culminates in a rigorous reevaluation of the status of matter, information, computation, causality, and time in terms of their logical and causal engagement with the activities of human and nonhuman agents. (shrink)

In the paper, a detailed analysis of some new logical aspects of Cantor’s diagonal proof of the uncountability of continuum is presented. For the first time, strict formal, axiomatic, and algorithmic definitions of the notions of potential and actual infinities are presented. It is shown that the actualization of infinite sets and sequences used in Cantor’s proof is a necessary, but hidden, condition of the proof. The explication of the necessary condition and its factual usage within the framework of Cantor’s (...) proof makes, Cantor’s proof invalid. It’s shown that traditional Cantor’s proof has a second necessary, but hidden as well, condition which is teleological by its nature, i.e., is not mathematical. The explication of the second necessary condition makes Cantor’s statement on the uncountability of continuum unprovable from the point of view of classical logic.One of the most dramatic facts in history of science is connected just with the notion of actual infinity and consists in the following. On the one hand, Aristotle, Berkeley, Locke, Descartes, Spinoza, Gauss, Kant, Cauchy, Kronecker, Hermite, Poincaré, Bair, Borel, Brouwer, Quine, Wittgenstein, Weyl, Luzin, and a lot of other outstanding creators of classical logic and classical mathematics, during millenniums, stated categorically and insistently warned about that the actual infinity is a self-contradictory notion and its usage in mathematics is inadmissible (e.g., according to Poincare, “There is no actual infinity. - Cantorians forgot that and fell into contradictions. Later generations will regard Mengenlehre (set theory) as a disease from which one has recovered”). On the other hand, a lot of outstanding scientists of the XX c.c., such as Hilbert, Church, Turing, Gödel, etc., and modern axiomatic set theory as a whole ignored this (intuitive though) opinion of genii and accepted Cantor’s “transfinite paradise”, based on the actual infinity. In the paper some logical, philosophical, and psychological aspects of this historical “favorable opposition” are analyzed, and the fact that the scientific intuition of genii has won the historical battle against the mytho-’logic’ of Cantor’s transfinite ‘paradise’ is explained and logically justified. (shrink)

In the paper, a detailed analysis of some new logical aspects of Cantor’s diagonal proof of the uncountability of continuum is presented. For the first time, strict formal, axiomatic, and algorithmic definitions of the notions of potential and actual infinities are presented. It is shown that the actualization of infinite sets and sequences used in Cantor’s proof is a necessary, but hidden, condition of the proof. The explication of the necessary condition and its factual usage within the framework of Cantor’s (...) proof makes, Cantor’s proof invalid. It’s shown that traditional Cantor’s proof has a second necessary, but hidden as well, condition which is teleological by its nature, i.e., is not mathematical. The explication of the second necessary condition makes Cantor’s statement on the uncountability of continuum unprovable from the point of view of classical logic.One of the most dramatic facts in history of science is connected just with the notion of actual infinity and consists in the following. On the one hand, Aristotle, Berkeley, Locke, Descartes, Spinoza, Gauss, Kant, Cauchy, Kronecker, Hermite, Poincaré, Bair, Borel, Brouwer, Quine, Wittgenstein, Weyl, Luzin, and a lot of other outstanding creators of classical logic and classical mathematics, during millenniums, stated categorically and insistently warned about that the actual infinity is a self-contradictory notion and its usage in mathematics is inadmissible (e.g., according to Poincare, “There is no actual infinity. - Cantorians forgot that and fell into contradictions. Later generations will regard Mengenlehre (set theory) as a disease from which one has recovered”). On the other hand, a lot of outstanding scientists of the XX c.c., such as Hilbert, Church, Turing, Gödel, etc., and modern axiomatic set theory as a whole ignored this (intuitive though) opinion of genii and accepted Cantor’s “transfinite paradise”, based on the actual infinity. In the paper some logical, philosophical, and psychological aspects of this historical “favorable opposition” are analyzed, and the fact that the scientific intuition of genii has won the historical battle against the mytho-’logic’ of Cantor’s transfinite ‘paradise’ is explained and logically justified. (shrink)

There are sometimes good reasons to define a criminal offense in a way that is over-inclusive, in the sense that the definition will encompass conduct that is not otherwise wrongful. But are these reasons ever sufficient? When, if ever, can such laws justifiably be made and enforced? When, if ever, can they permissibly be violated? In The Realm of Criminal Law, Antony Duff tackles this challenge head on. We find Duff’s strategy promising in many ways as an effort to reconcile (...) over-inclusive offenses with the wrongness constraint on criminalization. Nonetheless, we aim to move the discussion forward by raising questions about Duff’s solution and highlighting some limitations and costs. We begin in Part 2 by sketching the contours of Duff’s position; then in Part 3 we propose one refinement and offer two practical observations; and finally, in Part 4 we raise broader concerns. In particular, we question whether the problem of over-inclusive offenses is one that can or ought to be solved, or whether it is better conceived as a difficulty to be managed and mitigated. Of course, we should avoid undue harshness in the law where we can, and Duff’s approach is guided by this worthy ambition. But there may also be a limit to this. To the extent that the harshness cannot be avoided, perhaps this should be acknowledged and faced up to, rather than obscured or finessed. (shrink)

Warum existiert uberhaupt etwas, warum existiert gerade unsere Welt? Wofur soll sich der Mensch in ihr engagieren, wie soll er seinen Charakter bilden? Mit begrifflicher Prazision wird gepruft, was Leibnizens Philosophie zur Behandlung dieser unabweisbaren Fragen auch heute noch beitragen kann. Da Leibniz die Antworten letztlich aus einer Theologia Naturalis gewinnt, steht sein Gottesbegriff im Zentrum der Untersuchung. Dieser wird in seinen vielfaltigen Bezugen und Funktionen innerhalb Leibniz' System detailliert erlautert. Ergebnis ist eine kritische integrale Gesamtdarstellung der Leibnizschen Philosophie; sie (...) bietet neben einer originellen und argumentativ dichten, gleichermaaen texttreuen wie sachorientierten Interpretation von Ontologie, Psychologie, Ethik, Logik, Erkenntnis-, Wissenschafts- und Rationalitatstheorie auch eine Wurdigung der Grundzuge von Natur-, Geschichts- und Staatsphilosophie. (Franz Steiner 1996). (shrink)

I am immensely grateful to the commentators for their insightful challenges to Criminally Ignorant.1 I’ve learned a tremendous amount from grappling with their objections and am indebted to them fo...

Some societies used to impose liability on inanimate objects, a practice we’d now regard as silly and confused. When we punish corporations today, are we making similar mistakes? Here I consider some important sources of philosophical skepticism about imposing criminal liability on corporations, and I argue that they admit of answers, which places punishing corporations on stronger footing than punishing inanimate objects. First, I consider the eligibility challenge, which asserts that corporations are not the right kind of thing to be (...) punished. Second, the reductionist challenge insists that corporate culpability always reduces to individual culpability. I suggest that progress can be made in addressing these challenges by asking the right law-focused questions and attending to recent developments in criminal law theory and moral philosophy. (shrink)

To help explain in a principled way why criminal law doctrine tends to abstract away from motives and other individualized circumstances, I have defended an insufficient regard theory of criminal culpability that is more objective in certain respects than other views in the same camp. This has led Alec Walen to object that my view is too objective to be an account of culpability and is better understood as a theory of criminal wrongs. This challenge is important not least because (...) it requires getting clearer about what wrongness and culpability are and what roles they play on a legal moralist picture of the criminal law. Here, I argue that Walen’s objection is mistaken. Once we get clearer on what distinguishes wrongness and culpability, it becomes clear that my account is best seen as a theory of culpability. This is so even though it calculates degrees of culpability in a more objective way than other insufficient regard views. Besides just defending my account from Walen’s objection, this paper aims to make a positive contribution by developing a more sophisticated version of the Manifestation Account I proposed earlier. To do this, I focus on the main area of criminal law doctrine where culpability comes apart from wrongness – namely, excuse cases. My earlier Manifestation Account is implausible – or at least limited – because it has nothing distinctive to say about how to determine the culpability of excused misconduct. Accordingly, the theory would be, if not outright false, at best incompatible with the orthodox view in criminal law theory, which takes excuses to accept wrongdoing but deny culpability. To solve this problem and enhance the Manifestation Account’s explanatory value, I show how to extend the theory to account for the culpability of wrongs where a putatively excusing condition is in play. This not only fills a gap in the Manifestation Account but has the further benefit of providing a unified reasons-based account of the main categories of misconduct in the criminal law, which shows what separates criminal wrongness from culpability both in justification cases and excuse cases. The hope is that this effort will shed light on the distinct roles of wrongness and culpability in legal moralist theories of the criminal law and provide a better understanding of degrees of culpability for criminal wrongs – not only when justifications are at issue, but also when excuses are involved. (shrink)

For a novice this book is a mathematically-oriented introduction to modal logic, the discipline within mathematical logic studying mathematical models of reasoning which involve various kinds of modal operators. It starts with very fundamental concepts and gradually proceeds to the front line of current research, introducing in full details the modern semantic and algebraic apparatus and covering practically all classical results in the field. It contains both numerous exercises and open problems, and presupposes only minimal knowledge in mathematics. A specialist (...) can use the book as a source of references. Results and methods of many directions in propositional modal logic, from completeness and duality to algorithmic problems, are collected and systematically presented in one volume. (shrink)

The familiar Vendler-Kenny scheme of verb-types, viz., performances (further differentiated by Vedler into accomplishments and achievements), activities, and states, is too narrow in two important respects. First, it is narrow linguistically. It fails to take into account the phenomenon of verb aspect. The trichotomy is not one of verbs as lexical types but of predications. Second, the trichotomy is narrow ontologically. It is a specification in the context of human agency of the more fundamental, topic-neutral trichotomy, event-process-state.The central component in (...) this ontological trichotomy, event, can be sharply differentiated from its two flanking components by adapting a suggestion by Geoffrey N. Leech and others that the contrast between perfective and imperfective aspect in verbs corresponds to the count/mass distinction in the domain of nouns. With the help of two distinctions, of cardinal count adverbials versus frequency adverbials, and of occurrence versus associated occasion, two interrelated criteria for event predication are developed. Accordingly, Mary capsized the boat is an event predication because (a) it is equivalent to There was at least one capsizing of the boat by Mary, or (b) because it admits cardinal count adverbials, e.g., at least once, twice, three times. Ontologically speaking, events are defined as those occurrences that are inherently countable. (shrink)

Kant’s accounts of the Highest Good and the moral argument for God and immortality are central features of his philosophy. But both involve lingering puzzles. In this entry, we first explore what the Highest Good is for Kant and the role it plays in a complete account of ethical life. We then focus on whether the Highest Good involves individuals only, or whether it also connects with Kant’s doctrines about the moral progress of the species. In conclusion, we look into (...) three ways of articulating the moral argument for God and immorality that take our commitment to the Highest Good as their point of departure. (shrink)

Kant and Fichte developed the concept of a worldview as a way of reflecting on experience as a whole. But what does it mean to form a worldview? And what role did it play in the German Idealist tradition? This paper seeks to answer these questions through a detailed analysis of the form of a philosophical worldview and its historical portent, both of which remain unexplored in the literature. The dearth of attention is partially to blame on Kant’s desultory development (...) of it, as well as its place in Fichte’s understudied lectures on religion. In this paper, I first reconstruct Kant’s conception as the starting point and then trace it to Fichte who went on to evolve it further. Fichte endorses the basic conceptual shape pioneered by Kant, namely, a reflective process of positing an idea and then checking the coherence of necessary judgments relative to it. However, Fichte came to realize that its philosophical function needed expanding. Beyond recognizing the possibility for alternative worldviews, Fichte further fleshed out how worldview creation could lead to human flourishing. The common feature between both thinkers is that the formation of a worldview aims to turn philosophy into a life-orienting exercise. (shrink)

Analyzes the poem "On Nature" by Parmenides, arguing that is actually a philosophical argument disguised as Homer-like mythological journey. Original.

In this paper, we analyse how GPS-based navigation systems are transforming some of our intellectual virtues and then suggest two strategies to improve our practices regarding the use of such epistemic tools. We start by outlining the two main approaches in virtue epistemology, namely virtue reliabilism and virtue responsibilism. We then discuss how navigation systems can undermine five epistemic virtues, namely memory, perception, attention, intellectual autonomy, and intellectual carefulness. We end by considering two possible interlinked ways of trying to remedy (...) this situation: [i] redesigning the epistemic tool to improve the epistemic virtues of memory, perception, and attention; and [ii] the cultivation of cognitive diligence for wayfinding tasks scaffolding intellectual autonomy and carefulness. (shrink)

Laws of nature take center stage in philosophy of science. Laws are usually believed to stand in a tight conceptual relation to many important key concepts such as causation, explanation, confirmation, determinism, counterfactuals etc. Traditionally, philosophers of science have focused on physical laws, which were taken to be at least true, universal statements that support counterfactual claims. But, although this claim about laws might be true with respect to physics, laws in the special sciences (such as biology, psychology, economics etc.) (...) appear to have—maybe not surprisingly—different features than the laws of physics. Special science laws—for instance, the economic law “Under the condition of perfect competition, an increase of demand of a commodity leads to an increase of price, given that the quantity of the supplied commodity remains constant” and, in biology, Mendel's Laws—are usually taken to “have exceptions”, to be “non-universal” or “to be ceteris paribus laws”. How and whether the laws of physics and the laws of the special sciences differ is one of the crucial questions motivating the debate on ceteris paribus laws. Another major, controversial question concerns the determination of the precise meaning of “ceteris paribus”. Philosophers have attempted to explicate the meaning of ceteris paribus clauses in different ways. The question of meaning is connected to the problem of empirical content, i.e., the question whether ceteris paribus laws have non-trivial and empirically testable content. Since many philosophers have argued that ceteris paribus laws lack empirically testable content, this problem constitutes a major challenge to a theory of ceteris paribus laws. (shrink)