America’s legal system harbors serious, widespread injustices. Many defendants are sent to prison for nonviolent offenses, including many victimless crimes. Convicts often serve draconian sentences in crowded prisons rife with abuse. Almost all defendants are convicted without trial because prosecutors threaten defendants with drastically higher sentences if they request a trial. Most Americans are terrified of encountering any kind of legal trouble, knowing that both civil and criminal courts are extremely slow, unreliable, and expensive to use. This book explores the (...) largest injustices in the legal system and what can be done about them. Besides proposing institutional reforms, the author argues that prosecutors, judges, lawyers, and jury members ought to place justice before the law – for example, by refusing to enforce unjust laws or impose unjust sentences. Issues addressed include: · The philosophical basis for judgments about rights and justice · The problems of overcriminalization and mass incarceration · Abuse of power by police and prosecutors · The injustice of plea bargaining · The appropriateness of jury nullification · The authority of the law, or the lack thereof Justice Before the Law is essential reading for everyone interested in legal ethics, the rule of law, and criminal justice. It is also ideal for students of legal philosophy. (shrink)

Libertarian philosopher Michael Huemer has argued recently that there is a prima facie right to immigrate, and, moreover, that concerns people have about the effects of immigration are not strong enough to neutralize or override this prima facie right. In this paper, I focus on one particular concern that Huemer deems insufficiently strong to neutralize or override the prima facie right to immigrate, namely, the concern that unrestricted immigration poses a threat to one’s culture. I argue that (...) class='Hi'>Huemer fails to show that the concern is insufficiently strong. (shrink)

Huemer [33] argues against the killing of animals. I offer a critical libertarian analysis of his claim.

mark schroeder University of Southern California 1 When Samuel Clarke gave his second Boyle lectures in 1705, he alleged in favor of his nonreductive, rationalist, intuitionist view that only ‘the extremest stupidity of mind, corruption of manners, or perverseness of spirit, can possibly make any man entertain the least doubt’ concerning it.1 Michael Huemer’s Ethical Intuitionism is offered in the same spirit, though he makes no assurances concerning the Truth and Certainty of the Christian Revelation.2 Not only are competing (...) metaethical views false, he alleges, those who accept them do not even do so on the basis of rational arguments (240). They are driven by bias (247), cynicism (242), and scientism (244), combined with a desire to be politically correct (albeit not in a ‘simplistic way’ (245)). Moreover, the persistence of non-intuitionist metaethical views, he suggests, has a pernicious effect on our society, encouraging vice and immorality (248). According to Huemer, what is important about intuitionism (his favored position) is that the dispute between intuitionism and ‘all other views’ is that ‘[a]nti-realist theories about value undermine our moral beliefs, our moral motivation, and even our sense of the meaning of life’ (248). He contends that ‘anti-realism really boils down to the view that nothing matters’ (249), despite explicitly acknowledging that most anti-realists would deny this, and apparently forgetting that among his targets of criticism in the book were supposed to be some realist views, as well—of the reductive variety. Although he calls his view ‘intuitionism,’ Huemer makes clear early on that what he wants to defend is not an epistemological view at all, but a metaphysical one. The main divide between metaethical views, in.. (shrink)

Versions of internalism have played important roles in metaethics, for example, in defending irrealist options such as emotivism. However, internalism is itself as controversial as the views it is used to defend. Standard approaches to testing the view, such as thought experiments about amoralists, have failed to gain consensus. Michael Huemer offers a defense of internalism of a different kind which he calls the “argument from interpretation.” He presents the argument as one Humeans could embrace, but versions could be (...) accepted by others, including Huemer himself. The argument begins from the assumption that a certain principle of charity is true and knowable a priori. But it can only be known a priori if internalism is true. Hence internalism is true. In this paper I argue that this important argument fails. My main objection makes use of recent work in empirical psychology. Huemer needs the principle of charity to be known a priori. I argue that rather than being an a priori issue, it is an empirical one and that the empirical evidence is strong enough to undermine his argument for internalism. (shrink)

Paradox Lost covers ten of philosophy’s most fascinating paradoxes, in which seemingly compelling reasoning leads to absurd conclusions. The following paradoxes are included: The Liar Paradox, in which a sentence says of itself that it is false. Is the sentence true or false? The Sorites Paradox, in which we imagine removing grains of sand one at a time from a heap of sand. Is there a particular grain whose removal converts the heap to a non-heap? The Puzzle of the Self-Torturer, (...) in which a series of seemingly rational choices has us accepting a life of excruciating pain, in exchange for millions of dollars. Newcomb’s Problem, in which we seemingly maximize our expected profit by taking an unknown sum of money, rather than taking the same sum plus $1000. The Surprise Quiz Paradox, in which a professor finds that it is impossible to give a surprise quiz on any particular day of the week... but also that if this is so, then a surprise quiz can be given on any day. The Two Envelope Paradox, in which we are asked to choose between two indistinguishable envelopes, and it is seemingly shown that each envelope is preferable to the other. The Ravens Paradox, in which observing a purple shoe provides evidence that all ravens are black. The Shooting Room Paradox, in which a deadly game kills 90% of all who play, yet each individual’s survival turns on the flip of a fair coin. Each paradox is clearly described, common mistakes are explored, and a clear, logical solution offered. Paradox Lost will appeal to professional philosophers, students of philosophy, and all who love intellectual puzzles. (shrink)

Approaching Infinity addresses seventeen paradoxes of the infinite, most of which have no generally accepted solutions. The book addresses these paradoxes using a new theory of infinity, which entails that an infinite series is uncompletable when it requires something to possess an infinite intensive magnitude. Along the way, the author addresses the nature of numbers, sets, geometric points, and related matters. The book addresses the need for a theory of infinity, and reviews both old and new theories of infinity. It (...) discussing the purposes of studying infinity and the troubles with traditional approaches to the problem, and concludes by offering a solution to some existing paradoxes. (shrink)

What gives some people the right to issue commands to everyone else and force everyone else to obey them? And why should people obey the commands of those with political power? These two key questions are the heart of the issue of political authority, and, in this volume, two philosophers debate the answers. Michael Huemer argues that political authority is an illusion and that no one is entitled to rule over anyone. He discusses and rebuts the major theories supporting (...) political authority's rightfulness: implicit social contract theory, hypothetical contract theories, democratic theories of authority, and utilitarian theories. Daniel Layman argues that democratic governments have authority because they are needed to protect our rights and because they are accountable to the people. Each author writes two replies directly addressing the arguments and ideas of the other. Key Features Covers a key foundational problem of political philosophy: the authority of government. Debate format ensures a full hearing of both sides. A Glossary includes key concepts in political philosophy related to the issue of authority. Annotated Further Reading sections point students to additional resources. Clear, concrete examples and arguments help students clearly see both sides of the argument. A Foreword by Matt Zwolinski describes a broader context for political authority and then traces the key points and turns in the authors' debate. (shrink)

Three ways of approaching controversial issues are: (i) To accept the conclusions of experts on their authority; (ii) to evaluate the relevant evidence/arguments for ourselves; and (iii) to simply withhold judgement. The received view recommends strategy (ii). But (ii) is normally epistemically inferior to (i) and (iii), since we are justified in believing that it is less reliable at producing true beliefs and avoiding false ones.

Fumerton, Huemer, and McGrath each contributed to a symposium on "The Epistemic Impact of the Etiology of Experience" in Philosophical Studies. These are my replies their contributions.

The notion of beauty has been and continues to be one of the main concerns of aesthetics and art theory. Traditionally, the centrality of beauty in the experience of art was widely accepted and beauty was considered one of the key values in aesthetics. In recent debate, however, the significance of the notion of beauty has been discussed controversially. Especially in the second half of the twentieth century, the role of beauty was strongly challenged both by artists and in philosophy (...) and theory of art. Beauty was no longer a central value, but just one aesthetic feature among many others. In recent years, however, the notion of beauty has been re-evaluated, some even speak of a “comeback of beauty”. Against this background it is one of the main tasks and challenges of contemporary aesthetics to develop a more profound understanding of the nature of beauty, its different forms and dimensions, and its place in art theory and practice – and in human life. In the contributions to this volume, leading scholars in the field explore the significance of the notion of beauty, its key aspects, and its relevance in various aesthetic disciplines. The questions addressed in the volume can be summarized in the following three headings: What is beauty? What is beautiful? How does the value of beauty relate to other aesthetical values? The volume contains a selection of invited contributions, including: María José Alcaraz León, Hanne Appelqvist, Allen Carlson, Noël Carroll, Stephen Davies, Richard Eldridge, John Gibson, Peter Lamarque, Catrin Misselhorn, Otto Neumaier, Elisabeth Schellekens, Maria Elisabeth Reicher-Marek, Sonia Sedivy, Davide dal Sasso, and Lisa Kathrin Schmalzried -/- . (shrink)

The notion of beauty has endured a troublesome history over the last few decades. While for centuries beauty has been considered one of the central values of art, there have also been times when it seemed old-fashioned to even mention the term. The present volume aims to explore the nature of beauty and to shed light its place in contemporary philosphy and art practice.

The problem of induction and the problem of Cartesian/brain-in-the-vat skepticism have much in common. Both are instances of a general problem of defeasible justification . I use the term "defeasible justification" to refer to a relation between a piece of evidence.

In a recent paper, Michael Huemer provides a new interpretation for ‘N’, the operator that occurs in Peter van Inwagen’s Consequence Argument, and argues that, given that interpretation, the Consequence Argument is sound. I have no quarrel with Huemer’s claim that the Consequence Argument is valid. I shall argue instead that his defense of its premises—a defense that allegedly involves refuting David Lewis’s response to van Inwagen—is unsuccessful.

This is an interesting and ambitious book, bringing Husserl’s account of constitution to bear on the enduring problem of how mind and world are related. The study does not aim to be a contribution to Husserl scholarship, but rather to bring aspects of Husserlian phenomenology into dialog with more recent analytic work in philosophy of mind to make philosophical progress.

This book develops and defends a version of direct realism: the thesis that perception gives us direct awareness, and non-inferential knowledge, of the external..

This book defends a form of ethical intuitionism, according to which (i) there are objective moral truths; (ii) we know some of these truths through a kind of immediate, intellectual awareness, or "intuition"; and (iii) our knowledge of moral truths gives us reasons for action independent of our desires. The author rebuts all the major objections to this theory and shows that the alternative theories about the nature of ethics all face grave difficulties.

I defend the principle of Phenomenal Conservatism, on which appearances of all kinds generate at least some justification for belief. I argue that there is no reason for privileging introspection or intuition over perceptual experience as a source of justified belief; that those who deny Phenomenal Conservatism are in a self-defeating position, in that their view cannot be both true and justified; and that thedemand for a metajustification for Phenomenal Conservatism either is an easily met demand, or is an unfair (...) or question-begging one. (shrink)

Debunking skeptics claim that our moral beliefs are formed by processes unsuited to identifying objective facts, such as emotions inculcated by our genes and culture; therefore, they say, even if there are objective moral facts, we probably don’t know them. I argue that the debunking skeptics cannot explain the pervasive trend toward liberalization of values over human history, and that the best explanation is the realist’s: humanity is becoming increasingly liberal because liberalism is the objectively correct moral stance.

How could a state have the moral authority to promulgate and enforce laws that citizens are thereby obliged to obey? That is the problem of political authority. The Consequentialist Explanation of Political Authority contends that great social benefits depend upon there being a state with political authority. In his book, The Problem of Political Authority, Michael Huemer considers different types of explanation of political authority and he rejects them all. I show that the objections he raises to consequentialist accounts (...) are confused and that they fail to connect with the Consequentialist Explanation of Political Authority. Huemer argues that anarchy of a particular kind would be better than the states that exist in current Western societies. I explain why that argument, if it were successful, would be an effective objection to the Consequentialist Explanation of Political Authority. (shrink)

Translation of _The Literary Wittgenstein_ (ed. by John Gibson and Wolfgang Huemer, London: Routledge, 2004). Simplified Chinese. ISBN 978-7-80762-896-5.

Parsimony is a virtue of empirical theories. Is it also a virtue of philosophical theories? I review four contemporary accounts of the virtue of parsimony in empirical theorizing, and consider how each might apply to two prominent appeals to parsimony in the philosophical literature, those made on behalf of physicalism and on behalf of nominalism. None of the accounts of the virtue of parsimony extends naturally to either of these philosophical cases. This suggests that in typical philosophical contexts, ontological simplicity (...) has no evidential value. (shrink)

I argue that, given evidence of the factors that tend to distort our intuitions, ethical intuitionists should disown a wide range of common moral intuitions, and that they should typically give preference to abstract, formal intuitions over more substantive ethical intuitions. In place of the common sense morality with which intuitionism has traditionally allied, the suggested approach may lead to a highly revisionary normative ethics.

Young argues against Michael Huemer's contention that egoism demands sacrificing others. The centrality of mutual trust in achieving vital sociallyproduced goods requires that egoism strictly limit, in degree and scope, any allowable prédation. The need for genuine and meaningful social recognition and affirmation rules out achieving mutual trust while secretly being a predator. Egoism may not support a strong Randian principle of never sacrificing others for the benefit of oneself but it plausibly supports a principle of never achieving particular (...) benefits for oneself by imposing on others costs that undermine mutual trust. (shrink)

I defend the 'Repugnant' Conclusion that for any possible population of happy people, a population containing a sufficient number of people with lives barely worth living would be better. Four lines of argument converge on this conclusion, and the conclusion has a simple, natural theoretical explanation. The opposition to the Repugnant Conclusion rests on a bare appeal to intuition. This intuition is open to charges of being influenced by multiple distorting factors. Several theories of population ethics have been devised to (...) avoid the Repugnant Conclusion, but each generates even more counterintuitive consequences. The intuition opposing the Repugnant Conclusion is thus among the best candidates for an intuition that should be revised. (shrink)

We provide a cognitive analysis of how children represent belief using mental files. We explain why children who pass the false belief test are not aware of the intensionality of belief. Fifty-one 3½- to 7-year old children were familiarized with a dual object, e.g., a ball that rattles and is described as a rattle. They observed how a puppet agent witnessed the ball being put into box 1. In the agent’s absence the ball was taken from box 1, the child (...) was reminded of it being a rattle, and emphasising its being a rattle it was put back into box 1. Then the agent returned, the object was hidden in the experimenter’s hands and removed from box 1, described as a ‘‘rattle,” and transferred to box 2. Children who passed false belief had no problem saying where the puppet would look for the ball. However, in a different condition in which the agent was also shown that the ball was a rattle they erroneously said that the agent would look for the ball in box 1, ignoring the agent’s knowledge of the identity of rattle and ball. Their problems cease with their mastery of second-order beliefs. Problems also vanish when the ball is described not as a rattle but as a thing that rattles. We describe how our theory can account for these data as well as all other relevant data in the literature. (shrink)

Immigration restrictions violate the prima facie right of potential immigrants not to be subject to harmful coercion. This prima facie right is not neutralized or outweighed by the economic, fiscal, or cultural effects of immigration, nor by the state’s special duties to its own citizens, or to its poorest citizens. Nor does the state have a right to control citizenship conditions in the same way that private clubs may control their membership conditions.

Skeptical hypotheses such as the brain-in-a-vat hypothesis provide extremely poor explanations for our sensory experiences. Because these scenarios accommodate virtually any possible set of evidence, the probability of any given set of evidence on the skeptical scenario is near zero; hence, on Bayesian grounds, the scenario is not well supported by the evidence. By contrast, serious theories make reasonably specific predictions about the evidence and are then well supported when these predictions are satisfied.

Externalist theories of justification create the possibility of cases in which everything appears to one relevantly similar with respect to two propositions, yet one proposition is justified while the other is not. Internalists find this difficult to accept, because it seems irrational in such a case to affirm one proposition and not the other. The underlying internalist intuition supports a specific internalist theory, Phenomenal Conservatism, on which epistemic justification is conferred by appearances.

According to Huemer, existence is evidence of immortality, provided past time is infinite. The argument is based on, inter alia, an alleged contradiction between the fact of one’s existence now and its improbability. I suggest that Huemer’s argument is flawed in equating the infinitesimally small with its limit value, and in assuming a philosophically significant difference between the a priori probability of the occurrence of a unique incarnation and that of anyone among an infinite number.

A central problem facing a probabilistic approach to the problem of induction is the difficulty of sufficiently constraining prior probabilities so as to yield the conclusion that induction is cogent. The Principle of Indifference, according to which alternatives are equiprobable when one has no grounds for preferring one over another, represents one way of addressing this problem; however, the Principle faces the well-known problem that multiple interpretations of it are possible, leading to incompatible conclusions. I propose a partial solution to (...) the latter problem, drawing on the notion of explanatory priority. The resulting synthesis of Bayesian and inference-to-best-explanation approaches affords a principled defense of prior probability distributions that support induction. (shrink)

We propose that all actual causes are simultaneous with their direct effects, as illustrated by both everyday examples and the laws of physics. We contrast this view with the sequential conception of causation, according to which causes must occur prior to their effects. The key difference between the two views of causation lies in differing assumptions about the mathematical structure of time.

Time may be infinite in both directions. If it is, then, if persons could live at most once in all of time, the probability that you would be alive now would be zero. But if persons can live more than once, the probability that you would be alive now would be nonzero. Since you are alive now, with certainty, either the past is finite, or persons can live more than once.

Moore’s paradox supports the principle of “metacoherence”, i.e., that if one categorically believes that P, one is committed to accepting that one knows that P. The principle raises puzzles about how, when one has justification for P, one also has justification for the claim that one knows P. I reject a skeptical answer as well as a bootstrapping answer, and I suggest that we typically have independent justification for the claim that we know P.