O artigo rediscute, a partir das teorias da hegemonia de Chantal Mouffe e dos diálogos institucionais de Mark Tushnet, os fenômenos da judicialização da política (o político invadindo “indevidamente” o jurídico) e do ativismo judicial (o jurídico invadindo “indevidamente” o político). Contesta a concepção usual de que o judiciário teria a “última palavra” na interpretação jurídica e defende uma maior proteção da democracia, pois é esta, não o judiciário, que, em última instância, protege os direitos. Conclui-se que, para sua maior (...) legitimidade e eficiência, deve então o Poder Judiciário receber novos influxos democráticos e estar sujeito a maior accountability. (shrink)

The demand for integrating and sharing heterogeneous data online has attracted the interest of cultural institutions in making information access and retrieval more effective via Semantic Web technologies. The present study proposes a digital repository for 3D scans of modernist sculptures in public spaces in the city of Rio de Janeiro, Brazil, with a view to ensuring access, use, reuse and preservation of this information. This is a qualitative exploratory experimental study based on the scientific literature and specific empirical material. (...) It presents the analysis results of vocabularies for physical artifact documents and their digital counterparts on the Semantic Web and a discussion on how these align with the nature of the metadata determined here, as well as a metadata modeling prototype implemented on the Tainacan platform and aimed at cataloging digital 3D replicas. We claim that the proposed model for documenting cultural heritage assets on Tainacan is easy to implement, in that it uses accessible technology with a wide internet user base, highly expressive in its descriptions of 3D and multimedia content and based on well-established metadata and ontology standards recommended by regulatory bodies and communities such as the World Wide Web Consortium and International Organization for Standardization. Keywords: networked heritage documents, digital repositories, 3D digitization, semantic annotation. (shrink)

Objetivou-se estratificar fatores de risco para doenças cardiovasculares (DCV) em dez anos em jogadores de basquetebol em cadeiras de rodas. O percentual de risco cardiovascular foi estratificado pelos escores de Framingham (ERF) e de Risco Global (ERG). Dos treze jogadores avaliados, 38,46% apresentava sobrepeso e obesidade e 77%, alterações na porcentagem de gordura corporal e na circunferência abdominal. O ERF identificou 15,38% dos jogadores com risco intermediário para desenvolvimento de DCV e pelo ERG, 15,4% dos homens apresentava risco intermediário, 7,7% (...) alto risco por diabetes e 7,7% muito alto risco por doenças ateroscleróticas. Os resultados de composição corporal demonstram uma predisposição para desenvolvimento de DCV, sendo que o ERG identificou indivíduos com alto risco e muito alto risco. Conclui-se que a identificação dos fatores de risco é útil para que ocorra uma maior prevenção das DCV e aconselhamento adequado sobre adoção de hábitos de vida saudáveis por esses indivíduos. (shrink)

The potential to collect brain data more directly, with higher resolution, and in greater amounts has heightened worries about mental and brain privacy. In order to manage the risks to individuals posed by these privacy challenges, some have suggested codifying new privacy rights, including a right to “mental privacy.” In this paper, we consider these arguments and conclude that while neurotechnologies do raise significant privacy concerns, such concerns are—at least for now—no different from those raised by other well-understood data collection (...) technologies, such as gene sequencing tools and online surveillance. To better understand the privacy stakes of brain data, we suggest the use of a conceptual framework from information ethics, Helen Nissenbaum’s “contextual integrity” theory. To illustrate the importance of context, we examine neurotechnologies and the information flows they produce in three familiar contexts—healthcare and medical research, criminal justice, and consumer marketing. We argue that by emphasizing what is distinct about brain privacy issues, rather than what they share with other data privacy concerns, risks weakening broader efforts to enact more robust privacy law and policy. (shrink)

The controversy over the old ideal of “value-free science” has cooled significantly over the past decade. Many philosophers of science now agree that even ethical and political values may play a substantial role in all aspects of scientific inquiry. Consequently, in the last few years, work in science and values has become more specific: Which values may influence science, and in which ways? Or, how do we distinguish illegitimate from illegitimate kinds of influence? In this paper, I argue that this (...) problem requires philosophers of science to take a new direction. I present two case studies in the influence of values on scientific inquiry: feminist values in archaeology and commercial values in pharmaceutical research. I offer a preliminary assessment of these cases, that the influence of values was legitimate in the feminist case, but not in the pharmaceutical case. I then turn to three major approaches to distinguish legitimate from illegitimate influences of values, including the distinction between epistemic and non-epistemic values and Heather Douglas’ distinction between direct and indirect roles for values. I argue that none of these three approaches gives an adequate analysis of the two cases. In the concluding section, I briefly sketch my own approach, which draws more heavily on ethics than the others, and is more promising as a solution to the current problem. This is the new direction in which I think science and values should move. (shrink)

Ethologists and others studying animal behavior in a spirit are in need of a descriptive language and method that are neither anachronistically bound by behaviorist scruples nor prematurely committed to particular Just such an interim descriptive method can be found in intentional system theory. The use of intentional system theory is illustrated with the case of the apparently communicative behavior of vervet monkeys. A way of using the theory to generate data - including usable, testable data - is sketched. The (...) underlying assumptions of this approach can be seen to ally it directly with theorizing in evolutionary biology, which has recently come under attack from Stephen Gould and Richard Lewontin, who castigate it as the Their arguments, which are strongly analogous to B. F, Skinner's arguments against point to certain pitfalls that attend the careless exercise of such thinking (and rival varieties of thinking as well), but do not constitute a fundamental objection to either adaptationist theorizing or its cousin, intentional system theory. (shrink)

This book traces the scientific search for altruism through numerous studies and attempts to examine various motivational suspects, reaching the improbable conclusion that empathy-induced altruism is indeed part of our nature. The book then considers the implications of this conclusion both for our understanding of who we are as humans and for how we might create a more humane society.

The moral/conventional task has been widely used to study the emergence of moral understanding in children and to explore the deficits in moral understanding in clinical populations. Previous studies have indicated that moral transgressions, particularly those in which a victim is harmed, evoke a signature pattern of responses in the moral/conventional task: they are judged to be serious, generalizable and not authority dependent. Moreover, this signature pattern is held to be pan‐cultural and to emerge early in development. However, almost all (...) the evidence for these claims comes from studies using harmful transgressions of the sort that primary school children might commit in the schoolyard. In a study conducted on the Internet, we used a much wider range of harm transgressions, and found that they do not evoke the signature pattern of responses found in studies using only schoolyard transgressions. Paralleling other recent work, our study provides preliminary grounds for skepticism regarding many conclusions drawn from earlier research using the moral/conventional task. (shrink)

Alasia Nuti’s recent book Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress puts forward a compelling vision of contemporary duties to redress past wrongdoing, grounded in the idea of “historical-structural-injustice”, constituted by the “structural reproduction of an unjust history over time and through changes”. Such an approach promises to transcend the familiar scholarly divide between “backward-looking” and “forward-looking” models, and allow for a reparative approach that focuses specifically on those past wrongs that impact the present, while retaining (...) a significant focus on the historical. While Nuti’s work is perhaps the most sophisticated treatment of structural injustice to date, this paper argues that an exclusive concentration on historical-structural-injustices neglects some aspects and some acts of wrongdoing that call out for present-day redress. What is needed, therefore, is a pluralist theory that can accept the pressing force in the present of historical-structural-injustices, whilst also making room for past-regarding duties that either do not fit, or are not best conceptualized in terms of, this approach, without being overwhelmed by the sheer scale of historic injustice. (shrink)

The standard assumption for what perception must do in order to represent a “higher level” content—say, tiger—is that it must represent the kind as such. I argue that this “as such condition” is not constitutive of what it means for a content to be “higher‐level”, and that embracing it produces a range of unfortunate dialectical consequences. After offering this critique, I give an alternative construal, the “extended perceptual space” view of higher‐level contents. This view captures the phenomena targeted by the (...) “higher‐level content” thesis, is empirically supported, and avoids the negative dialectical consequences of the as such condition. (shrink)

The intentional stance is the strategy of prediction and explanation that attributes beliefs, desires, and other states to systems and predicts future behavior from what it would be rational for an agent to do, given those beliefs and desires. Any system whose performance can be thus predicted and explained is an intentional system, whatever its innards. The strategy of treating parts of the world as intentional systems is the foundation of but is also exploited in artificial intelligence and cognitive science (...) more generally, as well as in evolutionary theory. An analysis of the role of the intentional stance and its presuppositions supports a naturalistic theory of mental states and events, their content or intentionality, and the relation between levels of explanation and neurophysiological or mechanistic levels of explanation. As such, the analysis of the intentional stance grounds a theory of the mind and its relation to the body. (shrink)

I make a proposal about what wondering is and how it differs from other mental phenomena like curiosity. I argue that, though it's tempting to analyze wondering as a desire to know the answer to the question one wonders about, that would be wrong, since wondering is an activity rather than a state, i.e., something we do. I also argue that wondering about a question needn't even essentially involve a desire to know the answer to that question, even as a (...) necessary part of what rationalizes the wondering. Instead, on my account, to wonder about a question is to consider various possible answers as possible answers, guided by mechanisms whose function is to make the subject epistemically better off with respect to those answers, and which considering ceases at least when a person is consciously certain of the answer to their question. This allows wondering to not be objectionably metacognitive, and allows us to make sense of cases in which the motivating desire isn't to know an answer but just to wonder itself. (shrink)

Our question is this: What makes an act one of entrapment? We make a standard distinction between legal entrapment, which is carried out by parties acting in their capacities as (or as deputies of) law- enforcement agents, and civil entrapment, which is not. We aim to provide a definition of entrapment that covers both and which, for reasons we explain, does not settle questions of permissibility and culpability. We explain, compare, and contrast two existing definitions of legal entrapment to commit (...) a crime that possess this neutrality. We point out some problems with the extensional correctness of these definitions and propose a new definition that resolves these problems. We then extend our definition to provide a more general definition of entrapment, encompassing both civil and legal cases. Our definition is, we believe, closer to being extensionally correct and will, we hope, provide a clearer basis for future discussions about the ethics of entrapment than do the definitions upon which it improves. (shrink)

There is a pattern of miscommunication bedeviling the people working on consciousness that is reminiscent of the classic Abbott and Costello ‘ Who ’ s on First?’ routine. With the best of intentions, people are talking past each other, seeing major disagreements when there are only terminological or tactical preferences — or even just matters of emphasis — that divide the sides. Since some substantive differences also lurk in this confusion, it is well worth trying to sort out. Much of (...) the problem seems to have been caused by some misdirection in my apologia for heterophenomenology, advertised as an explicitly third - person approach to human consciousness, so I will try to make amends by first removing those misleading signposts and sending us back to the real issues. On the face of it, the study of human consciousness involves phenomena that seem to occupy something rather like another dimension : the private, subjective, ‘ first - person ’ dimension. Everybody agrees that this is where we start. What, then, is the relation between the standard ‘ third - person ’ objective methodologies for studying meteors or magnets, and the methodologies for studying human consciousness? Can the standard methods be extended in such a way as to do justice to the phenomena of human consciousness? Or do we have to find some quite radical or revolutionary alternative science? I have defended the hypothesis that there is a straightforward, conservative extension of objective science that handsomely covers the ground — all the ground — of human consciousness, doing justice to all the data without ever having to abandon the rules and constraints of the experimental method that have worked so well in the rest of science. This third - person methodology, dubbed heterophenomenology, is, I have claimed, the sound way to take the first person point of view as seriously as it can be taken. (shrink)

In the preface of the 2006 edition ofJust and Unjust Wars, Michael Walzer makes an important distinction between, on the one hand, “measures short of war,” such as imposing no-fly zones, pinpoint air/missile strikes, and CIA operations, and on the other, “actual warfare,” typified by a ground invasion or a large-scale bombing campaign. Even if the former are, technically speaking, acts of war according to international law, he proffers that “it is common sense to recognize that they are very different (...) from war.” While they all involve “the use of force,” Walzer distinguishes between the level of force used: the former, being more limited in scope, lack the “unpredictable and often catastrophic consequences” of a “full-scale attack.” Walzer calls the ethical framework governing these measuresjus ad vim, and he applies it to state-sponsored uses of force against both state and nonstate actors outside a state's territory that fall short of the quantum and duration associated with traditional warfare. Compared to acts of war,jus ad vimactions present diminished risk to one's own troops, have a destructive outcome that is more predictable and smaller in scale, severely curtail the risk of civilian casualties, and entail a lower economic and military burden. These factors makejus ad vimactions nominally easier for statesmen to justify compared to conventional warfare, though this does not necessarily mean these actions are morally legitimate or that they do not have potentially nefarious consequences. (shrink)

It is almost universally believed that some infinite regresses are vicious, and also almost universally believed that some are benign. In this paper I argue that regresses can be vicious for several different sorts of reasons. Furthermore, I claim that some intuitively vicious regresses do not suffer from any of the particular aetiologies that guarantee viciousness to regresses, but are nevertheless so on the basis of considerations of parsimony. The difference between some apparently benign and some apparently vicious regresses, then, (...) turns out to be a matter of a more general assessment of costs and benefits, making viciousness of regresses in some cases less of a local matter than is usually thought. (shrink)

Harry Frankfurt (1969) famously gave cases in which an agent lacks alternate possibilities and yet seems morally responsible. Such cases purportedly falsify the Principle of Alternate Possibilities, which states that the ability to do otherwise is necessary for moral responsibility. There is an enormous body of literature debating whether or not Frankfurt cases and their variants do in fact falsify PAP. In order to sidestep Frankfurt cases altogether, Garry Young (2016) argues for a different version of PAP, namely, PAP, on (...) which alternate possibilities are sufficient rather than necessary for moral responsibility. Young also argues for another sufficient but not necessary condition, the ‘Twin World Condition’. Only one of PAP and TWC needs to be satisfied for moral responsibility. I argue here that Young’s proposal as it stands generates too much moral responsibility. So I present versions of Young’s conditions that avoid this problem. I also argue that even with those revisions, Young’s proposal does not limit moral responsibility as effectively as PAP does. (shrink)

_ Source: _Page Count 24 Accounts of non-naturalist moral perception have been advertised as an empiricist-friendly epistemological alternative to moral rationalism. I argue that these accounts of moral perception conceal a core commitment of rationalism—to substantive a priori justification—and embody its most objectionable feature—namely, “mysteriousness.” Thus, accounts of non-naturalist moral perception do not amount to an interesting alternative to moral rationalism.

Several quantitative surveys have been conducted internationally to gather empirical information about physicians’ general attitudes towards health care rationing. Are physicians ready to accept and implement rationing, or are they rather reluctant? Do they prefer implicit bedside rationing that allows the physician–patient relationship broad leeway in individual decisions? Or do physicians prefer strategies that apply explicit criteria and rules?

Proponents of cognitive penetration often argue for the thesis on the basis of combined intuitions about categorical perception and perceptual learning. The claim is that beliefs penetrate perceptions in the course of learning to perceive categories. I argue that this "diachronic" penetration thesis is false. In order to substantiate a robust notion of penetration, the beliefs that enable learning must describe the particular ability that subjects learn. However, they cannot do so, since in order to help with learning they must (...) instruct learners to employ previously existing abilities. I argue that a better approach recognizes that we can have sophisticated causal precursors to perceptual learning, but that the learning process itself must operate outside of cognitive influence. (shrink)

This paper argues for the moral significance of the notion of an evil person or character. First, I argue that accounts of evil character ought to support a robust bad/evil distinction; yet existing theories cannot plausibly do so. Consequentialist and related theories also fail to account for some crucial properties of evil persons. Second, I sketch an intuitively plausible “affective-motivational” account of evil character. Third, I argue that the notion of evil character, thus conceived, denotes a significant moral category. It (...) marks one end of a moral continuum that has, at the opposite pole, the saint. Fourth, I argue that “frequent evildoing” accounts confuse this moral space with another: that defined by the moral hero and the moral criminal. (shrink)

This paper defends Priorianism, a theory in the philosophy of time which combines three theses: first, that there is a metaphysical distinction between the present time and non-present times; second, that there are temporary propositions, that is, propositions that change in truth-value simpliciter over time; and third, that there is change over time only if there are temporary propositions. Priorianism is accepted by many Presentists, Growing Block Theorists, and Moving Spotlight Theorists. However, it is difficult to defend the view without (...) appealing to premises that those who reject the view find controversial. My aim in this paper is to defend Priorianism in a way that largely avoids appealing to such premises. I do three things: first (Section 1), I describe the component theses of Priorianism and the relations between them. Next (Section 2), I show how Priorians can respond to the argument that the B-theory implies that there are temporary propositions, and therefore satisfies the Priorian condition for there being change over time. Finally (Section 3), I defend the Priorian thesis that there is change over time only if there are temporary propositions against an alternative principle of change defended by Ross Cameron (The Moving Spotlight, 2015). (shrink)

The emergence of so-called ‘gig work’, particularly that sold through digital platforms accessed through smartphone apps, has led to disputes about the proper classification of workers: Should platform workers be classified as independent contractors (as platforms typically insist), or as employees of the platforms through which they sell labor (as workers often claim)? Such disputes have urgency due to the way in which employee status is necessary to access certain benefits such as a minimum wage, sick pay, and so on. (...) In addition, classification disputes have philosophical significance because their resolution requires some foundational account of why the law should make a distinction between employed and freelance workers in the first place. This paper aims to fill this foundational gap. Central to it is the idea that employment involves a worker ceding certain freedoms in return for a degree of security, at least with respect to income. Insofar as the misclassification objection has force against digital platforms, it is when a platform is attempting to have it both ways: Workers are giving up freedom but not being granted a proportionate increase in security. As I shall explain, this approach offers some flexibility as to how actual disputes might be resolved – justice may be indifferent between whether platforms offer greater security or permit workers greater freedom, provided they do at least one of these things. (shrink)

There is growing acknowledgement of a moral obligation to curb our personal carbon emissions. However, while much has been said regarding certain kinds of carbon- ntensive behaviours, the philosophical literature has – until only very recently – been largely silent regarding one of the worst things that a person can choose to do from a climate perspective: namely, have a child. I contend that procreation is an inessential high-emission activity – one that results in inordinately greater emissions than other activities (...) like joyguzzling or flying. Given this, I argue that if we believe that individuals bear moral responsibility for their personal carbon emissions, then we have strong moral reasons to refrain from choosing to procreate, reasons which – for many – amount to a moral obligation to refrain from choosing to have children. I also consider whether our climate duties might also be discharged by offsetting the climate burden of any children we do choose to have and providing a concrete quantification of what that offsetting might look like. (shrink)

Harry Frankfurt Journal of Philosophy, 66, 829–39 famously attacked what he called the principle of alternate possibilities. PAP states that being able to do otherwise is necessary for moral responsibility. He gave counterexamples to PAP known since then as “Frankfurt cases.” This paper sidesteps the enormous literature on Frankfurt cases while preserving some of our salient pretheoretical intuitions about the relation between alternate possibilities and moral responsibility. In particular, I introduce, explain, and defend a principle that has so far been (...) overlooked, namely, “the principle of doxastic moral asymmetry” : a rational agent, S, is morally responsible for an action that S performed, E, only if, when S did E, S justifiably believed either that E was closer to S’s most praiseworthy alternate possibility than it was to S’s most blameworthy alternate possibility, or that E was closer to S’s most blameworthy alternate possibility than it was to S’s most praiseworthy alternate possibility. (shrink)

This paper will attempt to assess the primary differences between what I take to be the two primary philosophical "traditions" in contemporary French philosophy, using Derrida (transcendence) and Deleuze (immanence) as exemplary representatives. The body of the paper will examine the use of these terms in three different areas of philosophy on which Derrida and Deleuze have both written: subjectivity, ontology, and epistemology. (1) In the field of subjectivity, the notion of the subject has been critiqued in two manners, either (...) by appealing either to the transcendence of the other (Levinas, Derrida) or to the immanent jlux of experience itself, in relation to which the Ego itself is trancendent (Deleuze, Foucault, Sartre, James). (2) In the field of ontology, a purely "immanent" ontology would be an ontology in which there is neither a "beyond" or an "otherwise" Being, nor "interruptions" in Being, both of which would require an appeal to a formal element of transcendence (Deleuze). Such a "transcendent" and aporetic structure, which can never appear or be present as such within Being, is what lies at the basis of the project of deconstruction, with its attendant aporias (Derrida). (3) This distinction, finally, finds parallels in Kant's epistemology, for whom the possible experience is conditioned by purely immanent criteria (Deleuze), whereas what goes beyond the limits of possible experience is transcendent (Derrida). Drawing on these three thread of analysis, the paper concludes with an assessment of what is at stake in the ethical differences between the two traditions. The question of "transcendence" is "What mast I do?", which is the question of morality (a duty or obligation that is beyond being, an "ought" beyond the "is"). The question of "immanence" is "What can I do?" (my power or capacity as an existing individual within being). For Levinas and Derrida, ethics precedes ontology because it is derived from an element of transcendence (the Other); for Deleuze, ethics is ontology because it is derived from the immanent relation of beings to Being at the level of their existence (Spinoza). (shrink)

The strategy of divide and conquer is usually an excellent one, but it all depends on how you do the carving. Chalmer's attempt to sort the "easy" problems of consciousness from the "really hard" problem is not, I think, a useful contribution to research, but a major misdirector of attention, an illusion-generator. How could this be? Let me describe two somewhat similar strategic proposals, and compare them to Chalmers' recommendation.

A number of authors have argued that, in order for S to be appropriately held morally responsible for some action or attitude (say, via moral blame), that action or attitude must somehow reflect or express a negative aspect of S’s (“true”, “deep”, or “real”) self. Recently, theorists of “epistemic blame” and “epistemic accountability” have also incorporated certain “self-disclosure” conditions into their accounts of these phenomena. In this paper, I will argue that accounts of epistemic responsibility which require disclosure of an (...) objectionable feature of a person’s self neglect central aspects of our responsibility practices. Specifically, I will argue that we can appropriately hold individuals epistemically responsible for things which do not reflect or express negative aspects of “who they are” in any way. While disclosure of an objectionable feature of (what I will call) a person’s “doxastic self” isn’t altogether irrelevant when it comes to holding that person epistemically responsible, it also isn’t necessary. One lesson I wish to draw is that, insofar as our epistemic responsibility practices are capable of shedding light on the nature of epistemic normativity itself, theorists interested in the latter should be focused on more than just accountability responses which track objectionable features of a person’s self. (shrink)

There exists a family of views concerning the foundations of epistemic normativity that all travel under the heading “epistemic instrumentalism”. These views are unified by their attempt to explain epistemic normativity in terms of instrumental normativity. Very roughly, they all say that we have reason to respond to truth-related considerations when forming and maintaining doxastic attitudes since regulating our doxastic attitudes in this way helps us satisfy our aims, interests, or goals. Thus, according to epistemic instrumentalists, truth-related considerations constitute reasons (...) for belief, but they only do so because regulating our beliefs on their basis is an effective way to satisfy our ends. I will first try to clarify the question that epistemic instrumentalism is supposed to answer. I will then identify a plausible normative commitment and show that the main varieties of epistemic instrumentalism fail to vindicate it. I will conclude by arguing that this provides us with prima facie grounds for rejecting epistemic instrumentalism. (shrink)

Subject of constant reflections in other works and published studies, the theme of memory and its relations between past and present always provokes renewed perspectives regarding the readings of the ancient texts in our academic discussions. Analyzing the present time of a community behind an ancient document is likewise always challenging. However, in the present document (Mark’s Gospel), when analyzed in the light of heuristic concepts - such as memory, for example - there are very effective indications in proposing new (...) perceptions about the constant interaction between past memories and memory constructions in present times (of the ancient document that has been analysed). New horizons open up in the field of study of the texts that make up the New Testament when dialogues with psychology and research on memory. In this sense, this work applies the postulate of D.L. Schacter on the adaptations that are made in the memories of the past so that they meet the needs of the present to the gospel of Mark. It follows that the author of the said gospel rewrote the traditions received so that they answered questions that were made to them in the present. (shrink)

When, if ever, can healthcare provider's lay claim to knowing what is best for their patients? In this paper, I offer a taxonomy of clinical disagreements. The taxonomy, I argue, reveals that healthcare providers often can lay claim to knowing what is best for their patients, but that oftentimes, they cannot do so *as* healthcare providers.

This paper explores the relationship between a manipulability conception of causation and the causal Markov condition (CM). We argue that violations of CM also violate widely shared expectations—implicit in the manipulability conception—having to do with the absence of spontaneous correlations. They also violate expectations concerning the connection between independence or dependence relationships in the presence and absence of interventions.

Reading these essays has shown me a great deal, both about the substantive issues I have dealt with and about how to do philosophy. On the former front, they show that I have missed some points and overstated others, and sometimes just been unable to penetrate the fog. On the latter front, they show how hard it is to write philosophy that works--and this is the point that stands out for me as I reflect on these rich and varied essays. (...) Philosophical books and articles routinely fail to achieve their manifest goal of persuading their intended audiences of their main points. Does this make philosophy any worse off than other writing endeavors? Most published novels are failures of one sort or another, and the press has reported a recent study (whose methodology I wonder about) that concludes that the median number of readers of any paper published in a psychology journal is zero. But it seems to me that philosophy displays a particularly feckless record, with such a huge gap between authorial pretense and effect achieved that it is perhaps more comic than pathetic. In one weak moment I found myself thinking that perhaps some of our French colleagues have the right idea: deliberate obscurantism and the striking of stylized poses--since the goal of persuading by clear, precise analysis and argument is so manifestly beyond us. But that worldly weariness passed, I'm happy to say, and my cock-eyed American optimism returned. My ambition continues to be to change people's minds, and not just to win people over to my way of doing philosophy, as Bo Dahlbom suggests. But I admit that it is harder than I had thought. It's hard enough to get a good idea, but sometimes it's even harder, apparently, to get others to see what the idea is, and why it's good. (shrink)

Many philosophers have assumed, without argument, that Wittgenstein influenced Austin. More often, however, this is vehemently denied, especially by those who knew Austin personally. We compile and assess the currently available evidence for Wittgenstein’s influence on Austin’s philosophy of language. Surprisingly, this has not been done before in any detail. On the basis of both textual and circumstantial evidence we show that Austin’s work demonstrates substantial engagement with Wittgenstein’s later philosophy. In particular, Austin’s 1940 paper, ‘The Meaning of a Word’, (...) should be construed as a direct response to and development of ideas he encountered in Wittgenstein’s Blue Book. Moreover, we argue that Austin’s mature speech-act theory in How to Do Things with Words was also significantly influenced by Wittgenstein. (shrink)

The authors show that some long-standing confusions and problems can be avoided by thinking of perception in terms of sensorimotor contingencies, a close kin to my heterophenomenological approach (Dennett 1991). However, their claim that subjects do not have any commitments about the resolution of their visual fields is belied by the surprise routinely expressed by subjects when this is demonstrated to them.

Some theories in the philosophy of time combine a commitment to the existence of non-present regions of spacetime with the view that there is a perspective-independent present time. We call such theories 4D A-theories. There is a well-known objection to 4D A-theories, as follows: 4D A-theories entail that the vast majority of subjects across time believe falsely that they are present. But if the vast majority of subjects across time believe falsely that they are present, we do not know that (...) we are present. We call this the Epistemic Objection to 4D A-theories. In this paper we do two things: first, we describe and assess a number of different versions of the Epistemic Objection. We argue that there is only one version of the objection—the version due to Russell that we call the Safety Argument—that does not rely on implausible epistemic principles which entail radical scepticism. Second, we raise objections to the main strategies adopted by 4D A-theorists in response to the Safety Argument. We conclude that the Epistemic Objection—in the form of the Safety Argument—remains a threat to 4D A-theories. (shrink)

Infallibilism is the view that a belief cannot be at once warranted and false. In this essay we assess three nonpartisan arguments for infallibilism, arguments that do not depend on a prior commitment to some substantive theory of warrant. Three premises, one from each argument, are most significant: if a belief can be at once warranted and false, then the Gettier Problem cannot be solved; if a belief can be at once warranted and false, then its warrant can be transferred (...) to an accidentally true belief; if a belief can be at once warranted and false, then it can be warranted and accidentally true. We argue that each of these is either false or no more plausible than its denial. Along the way, we offer a solution to the Gettier Problem that is compatible with fallibilism. (shrink)

Limited strikes are arguably different from war insofar as they are more circumscribed, less destructive, and cost less in blood and treasure to employ. However, what they can achieve is also considerably more circumscribed than what is set out by the goals of war. How do we morally evaluate limited strikes? As part of the roundtable, “The Ethics of Limited Strikes,” this essay argues that we need to turn to the ethics of limited of force, orjus ad vim, to do (...) so. Two moral assumptions that are the keystone tojus ad vimcan shed light on the moral imperatives and ethical dilemmas of undertaking limited strikes. First, such strikes should be seen as an alternative to war, and not part of thejus ad bellumlast resort process. What I call the “Rubicon assessment” determines at what level force should be used: at the level of war, with all its costs and unpredictability, or at that of the more predictable and less costly limited force. Second, limited strikes should adhere to a “presumption against escalation”; that is, a moral commitment not to escalate to war. This essay highlights these moral principles in five different limited strike scenarios: “hot pursuit,” “red line,” “the last straw,” “the point of no return,” and “the right of retaliation.” The conclusion explores the notion of justice after limited strikes, or what I calljus post vim, to show that while what can be accomplished by limited strikes is inherently constrained, they can, if used morally and in tune with diplomacy, be of service in the quest for peace. (shrink)

There is much good work for philosophers to do in cognitive science if they adopt the constructive attitude that prevails in science, work toward testable hypotheses, and take on the task of clarifying the relationship between the scientific concepts and the everyday concepts with which we conduct our moral lives.

We discuss how the law and scholars have approached three questions. First, what acts count as acts of entrapment? Secondly, is entrapment a permissible method of law-enforcement and, if so, in what circumstances? Thirdly, what must criminal courts do, in response to the finding that an offence was brought about by an act of entrapment, in order to deliver justice? While noting the contrary tendency, we suggest that the first question should be addressed in a manner that is neutral about (...) the answers to the other two. On the second question, we summarize various arguments about the permissibility of entrapment, while remaining largely neutral about their merits. With regard to the third question, we summarize the approaches to entrapment in various jurisdictions, and we note some patterns, across the jurisdictions here surveyed, concerning shifts from one sort of entrapment remedy to another. (shrink)

John McDowell, Richard Rorty, and Robert Brandom invoke Sellars’s arguments against the Myth of the Given as having shown that the Given is nothing more than a myth. But most of Sellars’s arguments attack logical atomism, not the framework of givenness as such. Moreover, they do not succeed. At crucial points the arguments confuse the perspectives of a knower and those attributing knowledge to a knower. Only one argument-the “inconsistent triad” argument-addresses the Myth of the Given as such, and there (...) are several ways of escaping its conclusion. Invocations of Sellars’s refutation of the Myth of the Given are empty. (shrink)

There could be no more gratifying response to a philosopher's work than such a bounty of challenging, high-quality essays. I have learned a great deal from them, and hope that other readers will be as delighted as I have been by the insights gathered here. One thing I have learned is just how much hard work I had left for others to do, by underestimating the degree of explicit formulation of theses and arguments that is actually required to bring these (...) issues into optimal focus. These essays cover my work from top to bottom. Just about every nook and cranny is probed and tested in ways I could never do for myself. The essays thus highlight the areas of weakest exposition of my views; they also show the weak points of the views themselves--and suggest repairs, which I am sometimes happy to accept, but not always, since there are a few cases in which one critic deftly disarms another, sight unseen. I will be fascinated to learn how the individual authors react to each other's essays, since they side with me on different points, and disagree about what is still in need of revision or repair. (shrink)

Based on various stimuli, the findings for the inattentional blindness paradigm suggest that many observers do not perceive an unexpected object in a dynamic setting. In a first experiment, inattentional blindness was combined with eye tracking data from children. Observers who did not notice the unexpected object in the basketball game test by Simons and Chabris spent on average as much time looking at the unexpected object as those subjects who did perceive it. As such, individual differences that are responsible (...) for the recognition of unexpected objects have to be found as further indicators. In a second experiment, the expert-novice paradigm was used to show that the probability of seeing an unexpected object can be increased with specific previous experience. The results in the same task indicate significant differences between basketball experts and basketball novices. The ages of the subjects in both experiments are discussed in connection with the inattentional blindness paradigm. (shrink)

David Thomasma called for the development of a medical ethics based squarely on the philosophy of medicine. He recognized, however, that widespread anti-essentialism presented a significant barrier to such an approach. The aim of this article is to introduce a theory that challenges these anti-essentialist objections. The notion of natural kinds presents a modest form of essentialism that can serve as the basis for a foundationalist philosophy of medicine. The notion of a natural kind is neither static nor reductionistic. Disease (...) can be understood as making necessary reference to living natural kinds without invoking the claim that diseases themselves are natural kinds. The idea that natural kinds have a natural disposition to flourish as the kinds of things that they are provides a telos to which to tether the notion of disease – an objective telos that is broader than mere survival and narrower than subjective choice. It is argued that while nosology is descriptive and may have therapeutic implications, disease classification is fundamentally explanatory. Sickness and illness, while referring to the same state of affairs, can be distinguished from disease phenomenologically. Scientific and diagnostic fallibility in making judgments about diseases do not diminish the objectivity of this notion of disease. Diseases are things, not kinds. Injury is a concept parallel to disease that also makes necessary reference to living natural kinds. These ideas provide a new possibility for the development of a philosophy of medicine with implications for medical ethics. (shrink)

There could be no more gratifying response to a philosopher's work than such a bounty of challenging, high-quality essays. I have learned a great deal from them, and hope that other readers will be as delighted as I have been by the insights gathered here. One thing I have learned is just how much hard work I had left for others to do, by underestimating the degree of explicit formulation of theses and arguments that is actually required to bring these (...) issues into optimal focus. These essays cover my work from top to bottom. Just about every nook and cranny is probed and tested in ways I could never do for myself. The essays thus highlight the areas of weakest exposition of my views; they also show the weak points of the views themselves--and suggest repairs, which I am sometimes happy to accept, but not always, since there are a few cases in which one critic deftly disarms another, sight unseen. I will be fascinated to learn how the individual authors react to each other's essays, since they side with me on different points, and disagree about what is still in need of revision or repair. (shrink)

There could be no more gratifying response to a philosopher's work than such a bounty of challenging, high-quality essays. I have learned a great deal from them, and hope that other readers will be as delighted as I have been by the insights gathered here. One thing I have learned is just how much hard work I had left for others to do, by underestimating the degree of explicit formulation of theses and arguments that is actually required to bring these (...) issues into optimal focus. These essays cover my work from top to bottom. Just about every nook and cranny is probed and tested in ways I could never do for myself. The essays thus highlight the areas of weakest exposition of my views; they also show the weak points of the views themselves--and suggest repairs, which I am sometimes happy to accept, but not always, since there are a few cases in which one critic deftly disarms another, sight unseen. I will be fascinated to learn how the individual authors react to each other's essays, since they side with me on different points, and disagree about what is still in need of revision or repair. (shrink)

In this article, I distinguish between 4 models for thinking about how to balance the interests of parents, families, and a sick child: (1) the oxygen mask model; (2) the wide interests model; (3) the family interests model; and (4) the direct model. The oxygen mask model – which takes its name from flight attendants' directives to parents to put on their own oxygen mask before putting on their child's – says that parents should consider their own interests only insofar (...) as doing so is, ultimately, good for the sick child. The wide interests model suggests that in doing well by my child I am at the very same time doing well by myself. My interests can, and plausibly do, encompass the interests of others; they are, to that extent, wide. There is, then, no sharp separation between the interests of the sick child and the interests of other family members. In the family interests model, families themselves are seen as having interests that are neither identical to the sum, nor a simple function, of the interests of individual family members. The family has goals, values, and aspirations that are essentially corporate rather than individual. According to this model, these family interests can explain why sacrifices can sometimes be demanded of some family members for the sake of others in a medical setting. Finally, the direct model takes a simpler view of family members' interests; it claims that these interests matter simply on their own and should be taken into account in making treatment decisions for a sick child. This model openly considers the competing interests that parents and other family members often have when caring for a sick child, and advocates for weighing those interests when making decisions for and about the sick child. While there is room for all four models at the bedside, I argue that the direct model should be highlighted in clinical decision-making. (shrink)

Our focus here is on whether, when influenced by implicit biases, those behavioural dispositions should be understood as being a part of that person’s character: whether they are part of the agent that can be morally evaluated.[4] We frame this issue in terms of control. If a state, process, or behaviour is not something that the agent can, in the relevant sense, control, then it is not something that counts as part of her character. A number of theorists have argued (...) that individuals do not have control, in the relevant sense, over the operation of implicit bias. We will argue that this claim is mistaken. We articulate and develop a notion of control that individuals have with respect to implicit bias, and argue that this kind of control can ground character-based evaluation of such behavioural dispositions. (shrink)

Timothy Williamson is mainly right, I think. He defends armchair philosophy as a variety of armchair science, like mathematics, or computer modeling in evolutionary theory, economics, statistics, and I agree that this is precisely what philosophy is, at its best: working out the assumptions and implications of any serious body of thought, helping everyone formulate the best questions to ask, and then leaving the empirical work to the other sciences. Philosophy – at its best – is to other inquiries roughly (...) as theoretical physics is to experimental physics. You can do it in the armchair, but you need to know a lot about the phenomena with which the inquiry deals. (shrink)