Individuals sometimes do things that they know will violate the terms of a statute. Most scholars deny that such actions are always morally wrong, but a coherent theoretical account of the relationships between 1) moral obligation, 2) legal obligation, and 3) criminal wrongdoing that can robustly classify hard cases has been elusive. This article starts with a Kantian account of the relationship between law and morality, and it proposes two closely related standards: one for legal obligation, and another for criminal (...) wrongdoing. It then tests the plausibility and resilience of these standards by using them to generate illuminating new analyses of classic hypothetical cases involving alleged crimes committed under circumstances of necessity. These analyses offer reason to believe that the standards proposed in this article can anchor a Kantian theory of criminal responsibility that is simultaneously rigorous and humane. (shrink)

This dissertation develops a Kantian philosophical framework for understanding our individual obligations under public law. Because we have a right to do anything that is not wrong, the best interpretation of Immanuel Kant's Universal Principle of Right tracks the two ways--material and formal--in which actions can be wrong. This interpretation yields surprising insights, most notably a novel formulation of Kant's standard for formal wrongdoing. Because the wrong-making property of a formally wrong action does not depend on whether or not the (...) action in question has been prohibited by statute, Kant's legal philosophy is consistent with a natural law theory of public crime. Moreover, because the law can obligate us only by establishing a universal external incentive to obey its commands, statutes that impose only fines on nominal violators do not constrain our lawful options. Instead, if they are otherwise just, such statutes must be regarded as rightful permissive laws, according to which we may incur liabilities through our voluntary choices. (shrink)

Pauline Kleingeld has argued persuasively that Kant’s Principle of Autonomy draws an analogy between two relationships: 1) that between an individual agent and their maxim, and 2) that between a legislator and their legislation. She also suggests that Kant’s evolving views on the normative significance of popular elections made his analogy inapt, which explains its disappearance from his later writings. This comment concurs with Sorin Baiasu that the merits of Kant’s analogy were untouched by his evolving political views. The analogy (...) presupposes that when lawmakers legislate, they do so as representatives of the people, but even Kant’s mature writings posit that unelected lawmakers are representatives of the people in the necessary sense. Facts about whether a lawmaker acquired legislative authority by election, heredity, or conquest do have normative implications in the larger context of Kant’s political theory, but such facts are necessarily temporally upstream of the relation between legislator and legislation, just as facts about how an agent became rational are upstream of the relation between individual agent and maxim. Because the analogy focuses exclusively on these two relationships, it cannot be damaged by such upstream facts. Moreover, we should consider the possibility that Kant’s Principle of Autonomy compares a human will to the united general will of the people itself rather than to the will of a fallible public official or institution. On this alternative reading, it is even more clear that Kant’s evolving views on the significance of elections could have no possible relevance to the Principle of Autonomy. (shrink)

The US populace appears to be increasingly polarized on partisan lines. Political fissures bifurcate the country even on empirical matters like vaccine safety and anthropogenic climate change. There now exists an ever-expanding interdisciplinary research program in which theorists attempt to explain increases in political polarization and myriad other phenomena collected under the “post-truth” heading by appeal to social-epistemic structures, like echo chambers and epistemic bubbles, that affect the flow and uptake of information in various communities. In this paper, I critically (...) analyze C. Thi Nguyen’s important and popular analysis of echo chambers and epistemic bubbles. As I demonstrate, the explanatory mechanisms on which Nguyen focuses are, arguably, overly cognitive and obscure significant effects of social-epistemic structures on our affective lives. The broader lesson to draw from my discussion is the following: commonly used expressions intended to refer to social-epistemic problems, like “political polarization”, possess no univocal definition across theorists, and various ways of making the terms precise are differentially successful in characterizing verifiable phenomena. Theorizing about social-epistemic structures should be responsive to relevant empirical work on various phenomena that we have good reason to believe constitute real and substantive problems that result from the flow and uptake of information. (shrink)

Evidentialism as an account of epistemic justification is the position that a doxastic attitude, D, towards a proposition, p, is justified for an intentional agent, S, at a time, t, iff having D towards p fits S’s evidence at t, where the fittingness of an attitude on one’s evidence is typically analyzed in terms of evidential support for the propositional contents of the attitude. Evidentialism is a popular and well-defended account of justification. In this paper, I raise a problem for (...) evidentialism on the grounds that there can be epistemic circumstances in which a proposition is manifestly and nonmisleadingly supported by an agent’s total evidence, and yet believing the proposition is not justified for the agent. As I argue, in order for an agent to have justification to believe a proposition, it needs to be the case that the belief as possessed by the agent could exhibit certain epistemic good making features, e.g., the propositional content of the belief as possessed by the agent would be supported by the agent’s evidence. As I demonstrate, the fact that a proposition, p, is supported by an agent’s total evidence at a time, t, doesn’t guarantee that a belief in p as possessed by the agent at t could exhibit any epistemic good making features, including having propositional contents (i.e., p) that would be supported by the agent’s evidence. Thus, the fact that a proposition is supported by an agent’s evidence doesn’t guarantee that the agent has justification to believe the proposition. (shrink)

This article develops an account of the nature and limits of the state’s legislative authority that closely attends to the challenge of harmonizing Kant’s ethical and juridical theories. It clarifies some key Kantian concepts and terms, then explains the way in which the state’s three interlocking authorities – legislative, executive, and judicial – are metaphysically distinct and mutually dependent. It describes the emergence of the Kantian state and identifies the preconditions of its authority. Then it offers a metaphysical model of (...) the Kantian state and uses it to argue that the activity of juridical lawgiving is an act of the omnilateral will itself. Legislative authority is limited in the sense that it does not include the capacity to create juridical laws that are conceptually incompatible with the idea of universal external freedom. I argue that my proposed account of the legislative authority is wholly consistent with that authority’s exclusive lawgiving capacity and does not threaten the possibility of ‘distributive justice’ – the legal finality that is the sine qua non of a civil condition. (shrink)

People frequently report that, at times, their thought has a vocal character. Thinking commonly appears to be accompanied or constituted by silently ‘talking’ to oneself in inner speech. In this paper, we explore the specifically epistemic role of inner speech in conscious reasoning. A plausible position—but one I argue is ultimately wrong—is that inner speech plays asolelyfacilitative role that is exhausted by (i) serving as the vehicle of representation for conscious reasoning, and/or (ii) allowing one to focus on certain types (...) of objects or relations, e.g., causal relations, abstracta, counterfactuals, etc., or to consciously entertain structured propositional contents that it would be hard (or impossible) to focus on or entertain with representations in other (e.g., imagistic) formats. According to this position, inner speech doesn't figure as a justificatory element in our reasoning or as the partial epistemic basis of our conclusions—it merely facilitates reasoning through (i) and/or (ii). In contrast to the view that inner speech is amerefacilitator, I establish that (outside of potentially playing roles (i) and/or (ii)) the language we use itself serves as a crucial source of information in reasoning. In other words, we reason from propositions about the language we use in inner speech as opposed to exclusively reasoning from the semantic contents of the speech. My conclusion follows from how we use language as a cognitive tool to keep track of information, e.g., the contents of premises, lemmas, previous reasoning results, etc., in reasoning. (shrink)

ABSTRACTThere are two distinct types of legal wrongdoing: civil and criminal. This article demonstrates in three ways that Immanuel Kant's Universal Principle of Right, properly interpreted, offers a plausible and resilient account of this important distinction. First, Kant's principle correctly identifies attempted crimes as crimes themselves even when they do not violate the rights of any individual. Second, it justifies our treatment of reckless endangerment as a crime by distinguishing it from ordinary negligence, traditionally thought to be only civilly wrong. (...) Third, it explains and justifies differences between the features of traditional criminal punishments and the features of civil remedies. Moreover, the Universal Principle of Right yields a Kantian standard for criminal wrongdoing that is compelling enough to inform future philosophical inquiries into the nature and limits of the state's criminal lawmaking authority. (shrink)

People frequently report that their thought has, at times, a vocal character. Thinking commonly appears to be accompanied or constituted by silently ‘talking’ to oneself in inner speech. In this paper, I argue that inner speech ‘utterances’ can constitute occurrent propositional attitudes, e.g., occurrent judgments, suppositions, etc., and, thereby, we can consciously reason through tokening a series of inner speech utterances in working memory. As I demonstrate, the functional role a mental state plays in working memory is determined in a (...) flexible and context sensitive manner by metacognitive monitoring and control procedures. An inner speech utterance functions as an occurrent judgment (and, thus, as a premise, lemma, or conclusion in a line of conscious reasoning) when it is experienced with a level of certainty that exceeds one’s threshold of confidence for acceptance. In virtue of an agent experiencing an inner speech utterance with a sufficient level of certainty, the utterance plays the functional role of an occurrent judgment through, e.g., terminating inquiry and causing overt actions (like overtly asserting the words rehearsed in inner speech). (shrink)

In light of recent social psychological literature, I expand Miranda Fricker’s important notion of testimonial injustice. A fair portion of Fricker’s account rests on an older paradigm of stereotype and prejudice. Given recent empirical work, I argue for what I dub prescriptive credibility deficits in which a backlash effect leads to the assignment of a diminished level of credibility to persons who act in counter-stereotypic manners, thereby flouting prescriptive stereotypes. The notion of a prescriptive credibility deficit is not merely an (...) interesting conceptual addendum that can be appended to Fricker’s theory without need for further emendation. I develop the wider implications of prescriptive credibility deficits and argue that they pose a challenge to Fricker’s conception of the function of credibility assignments in conversational exchange and how a virtuous listener should respond to the potential threat of a prejudicial stereotype affecting her credibility assignments. (shrink)

Liberalism is the political philosophy of equal persons, yet liberalism has denied equality to those it saw as black sub-persons. In Black Rights/White Wrongs: The Critique of Racial Liberalism, political philosopher Charles Mills challenges mainstream accounts that ignore this history and its current legacy in the United States today.

We argue that the wild release of genetically modified organisms can be justified as a way of preserving species and ecosystems. We look at the case of a genetically modified American chestnut that is currently undergoing regulatory review. Because American chestnuts are functionally extinct, a genetically modified replacement has significant conservation value. In addition, many of the arguments used against GMOs, especially GMO crops, do not hold for American chestnut trees. Finally, we show how GMOs such as the American chestnut (...) support a reorientation of conservation values away from restoration as it has historically been interpreted, and toward an alternative framework known as rewilding. (shrink)

Our conscious thought, at least at times, seems suffused with language. We may experience thinking as if we were “talking in our head”, thus using inner speech to verbalize, e.g., our premises, lemmas, and conclusions. I take inner speech to be part of a larger phenomenon I call inner semiotics, where inner semiotics involves the subjective experience of expressions in a semiotic (or symbol) system absent the overt articulation of the expressions. In this paper, I argue that inner semiotics allows (...) us to bootstrap our way into entertaining thoughts about exact numbers and quantities that we couldn't prior to our competence with a numeric code. I establish that our arithmetic thoughts literally occur as (internal ‘articulations’ of) expressions in a numeric code. However, a problem arises for my view: just as we can slip in overt speech, producing an utterance that deviates from what we mean to say, there is very good evidence that we can slip in inner speech as well. If our arithmetic thought occurs in a numeric code, it's far from clear how we determine when a covert utterance constitutes a slip. In closing, I provide an account of what makes an inner speech utterance a slip. (shrink)

This paper argues that hume's discussion of personal identity in treatise i.Iv.6 is misinterpreted and overrated. Far from seeking a justification for ascribing identity to persons, Hume dismissed all such ascriptions as mistaken; his 'account' in i.Iv.6 is an attempt to explain how the supposed mistake arises. His own criteria of unity/identity, On the strength of which he excludes persons, Are themselves ill-Founded: they are criteria for individuating etc., 'things', The only ones hume, Who failed to grasp locke's point that (...) identity goes with classified items, Was able to find. (shrink)

This is a new release of the original 1949 edition.

Pezdek and Lam [Pezdek, K. & Lam, S. . What research paradigms have cognitive psychologists used to study “False memory,” and what are the implications of these choices? Consciousness and Cognition] claim that the majority of research into false memories has been misguided. Specifically, they charge that false memory scientists have been misusing the term “false memory,” relying on the wrong methodologies to study false memories, and misapplying false memory research to real world situations. We review each of these claims (...) and highlight the problems with them. We conclude that several types of false memory research have advanced our knowledge of autobiographical and recovered memories, and that future research will continue to make significant contributions to how we understand memory and memory errors. (shrink)

Evidentialism as an account of theoretical rationality is a popular and well-defended position. However, recently, it's been argued that misleading higher-order evidence (HOE) – that is, evidence about one's evidence or about one's cognitive functioning – poses a problem for evidentialism. Roughly, the problem is that, in certain cases of misleading HOE, it appears evidentialism entails that it is rational to adopt a belief in an akratic conjunction – a proposition of the form “p, but my evidence doesn't support p” (...) – despite it being the case that believing an akratic conjunction appears to be clearly irrational. In this paper, I diffuse the problem for evidentialism using the distinction between propositional and doxastic rationality. I argue that, although it can be propositionally rational to believe an akratic conjunction (according to evidentialism), one cannot inferentially base an akratic belief in one's evidence, and, thus, one cannot doxastically rationally possess an akratic belief. In addition, I address the worry that my solution to the puzzle commits evidentialists to the possibility of epistemic circumstances in which a proposition, p, is propositionally rational to believe (namely, an akratic conjunction), yet one cannot, in principle, (doxastically) rationally believe p. As I demonstrate, cases of misleading HOE are not the only types of cases that force evidentialists to accept that propositional rationality does not entail the possibility of doxastic rationality. There are no new problems raised by misleading HOE that weren't already present in cases involving purely first-order evidence. (shrink)

Draws on a broad range of scientific evidence to theorize an evolutionary basis for religion, considering how religion may have served as an essential component of early society survival and that the brain may be inherently inclined toward religious behavior.

David Kaplan’s analysis of the factors that determine what words someone has used in a given utterance requires that a speaker can only use a word through producing an utterance performed with a particular, related intention directed at speaking that word. This account, or any that requires a speaker to have an intention to utter a specific word, proves inconsistent with models of speech planning in psycholinguistics as informed by data on slips-of-the-tongue. Kaplan explicitly aims to formulate a theory of (...) words that elides the details of the processes responsible for speech planning and production. Though it may superficially seem that the picture of speech planning and production offered by psycholinguistics can add no insight into our analysis—on closer inspection—we find a rich body of empirical data that should be integrated into any viable account of what words someone has used in a given utterance. (shrink)

Engineering begins with a design problem: how to make occupants of vehicles safer, settle on an inter-face for an x-ray machine, or create more legible road signs. In choosing any particular solution, engineers must make value choices. By focusing on the solving of these problems, Ethics Within Engineering: An Introduction shows how ethics is at the intellectual core of engineering. Built around a number of engaging case studies, it presents real examples of engineering problems that everyone, engineer or not, will (...) recognize, ranging from such simple artifacts as toasters and the layout of burners and knobs on a stove top to the software responsible for the Colombia airliner crash. (shrink)

This chapter contains sections titled: Playing the Blues Defining the Blues Wittgenstein to the Rescue Good Blues, Bad Blues, Walking Dead Blues Notes.

This work reveals the key transformative processes embedded within the yogic tradition.

Recently, a cottage industry has formed with the goal of analyzing reasoning. The relevant notion of reasoning in which philosophers are expressly interested is fixed through an epistemic functional description: reasoning—whatever it is—is our personal-level, rationally evaluable means of meeting our rational requirements through managing and updating our attitudes. Roughly, the dominant view in the extant literature as developed by Paul Boghossian, John Broome, and others is that reasoning is a rule-governed operation over propositional attitudes that results in a change (...) in attitude. In this paper, I argue that our personal-level operations over mental models and visuospatial imagery, which are representations in a non-propositional/analogue format, can be rationally evaluable processes of managing our attitudes and, thus, should be considered reasoning in the relevant sense. Furthermore, I show that if reasoning can occur through operations over mental models and imagery, then the dominant rule-following account mischaracterizes the cognitive operations and representational states assumed to be constitutive of reasoning and what grounds the rational status of a line of reasoning. (shrink)

In updating our beliefs on the basis of our background attitudes and evidence we frequently employ objects in our environment to represent pertinent information. For example, we may write our premises and lemmas on a whiteboard to aid in a proof or move the beads of an abacus to assist in a calculation. In both cases, we generate extramental (that is, occurring outside of the mind) representational states, and, at least in the case of the abacus, we operate over these (...) states in light of their contents (e.g., the integers represented by the beads) to generate new representations. In this paper, I argue that our belief updating processes and the grounds of their rational evaluation are partly constituted by extramental representations and operations. In other words, we don’t merely update our attitudes through an internal process of reasoning on the basis of available evidence. If we are to accurately understand and rationally evaluate our belief updating processes and resultant attitudes, we need to examine how we representationally appropriate our extramental environment in the updating process. (shrink)

ABSTRACT Ethical and political attitudes are not randomly distributed in a population. Attitudes of family members, for example, tend to be more similar than those of a random sample of the same size. In the fields of social psychology and political science, the historically standard explanation for these attitude distribution patterns was that social and political attitudes are a function of environmental factors like parental socialization and prevailing social norms. This received view is, however, complicated by more recent work in (...) behavioral genetics, which consistently and repeatedly demonstrates that certain ethical and political attitudes dealing with issues like censorship, abortion, capital punishment, and immigration policy have a significant heritability coefficient, to wit, a substantial percentage of attitude variance in a population can be attributed to genetic variance, independent of environmental factors. In this paper, I argue that the genetic influence on our ethical and political attitudes is mediated by what we can agree to be irrelevant and distorting factors that can lead moral reasoning astray. Further, I argue that we should significantly lower our credences in ethical and political attitudes that fall within the domains of belief that involve significant genetic influence. (shrink)

Recently, a cottage industry has formed with the expressed intent of analyzing the nature of personal-level reasoning and inference. The dominant position in the extant philosophical literature is that reasoning consists in rule-governed operations over propositional attitudes. In addition, it is widely assumed that our attitude updating procedures are purely cognitive. Any non-cognitive activity performed in service of updating our attitudes is external to the updating process—at least in terms of rational evaluation. In this paper, I argue that whether one (...) has rationally updated one’s attitudes and whether the resultant attitudes are rational can (at least partially) depend on one’s interactions with one’s environment and body to scaffold one’s ability to arrive at attitudes that are rationally appropriate given one’s evidence. (shrink)

Independent samples of women were surveyed to test Trivers and Willard’s hypothesis that the mother’s condition and her ability to invest in her offspring affect the (secondary) sex ratio of her offspring. Patterns of sex ratios (number of males per 100 females) were analyzed in conjunction with four attributes of a mother’s microenvironment: level of health in her community, family structure, relative access to resources, and her birthing history. The results inferentially support the hypothesis that the microenvironment of the woman (...) would act to bias the sex ratio of her offspring. These specific data lend support to Trivers and Willard’s general hypothesis. (shrink)

In six experiments, we investigated the role of resource valence in intergenerational attitudes and allocations. We found that, compared to benefits, allocating burdens intergenerationally increased concern with one’s legacy, heightened ethical concerns, intensified moral emotions (e.g., guilt, shame), and led to feelings of greater responsibility for and affinity with future generations. We argue that, because of greater concern with legacies and the associated moral implications of one’s decisions, allocating burdens leads to greater intergenerational generosity as compared to benefits. Our data (...) provide support for this effect across a range of contexts. Our results also indicate that the differential effect of benefits versus burdens in intergenerational contexts depends on the presence of two important structural characteristics that help enact concerns about legacies, including (1) future impact of decisions, and (2) a self-other tradeoff. Overall, our findings highlight how considering resource valence brings to the fore a number of key psychological characteristics of intergenerational decisions—especially as they relate to legacies and ethics. (shrink)

The present essay tries to address certain questions arising from the conjunction of biological and political issues by entering into the debate surrounding what Nicolas Agar has called “liberal eugenics.”1 The advocates of liberal eugenics argue for the moral validity of both ‘negative’ and ‘positive’ eugenics: genetic interventions which target the prevention of diseases are ‘negative’ while ‘positive’ interventions ‘enhance’ the hereditary capacities of future persons. But is there a necessary contradiction, or at least pronounced tension, between the liberal eugenicist’s (...) emphasis on parental choice in the realm of genetic decision-makingand liberal principles, such as pluralism and autonomy? If so, why? In this paper, I examine Agar’s defense of liberal eugenics. I then discuss the criticisms raised by Jurgen Habermas in “The Debate on the Ethical Self-Understanding of the Species,” concluding that it is necessary to pursue a cautious strategy in the utilization of genetic technologies. (shrink)