This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

Philosophical work exploring the relation between cognition and the Internet is now an active area of research. Some adopt an externalist framework, arguing that the Internet should be seen as environmental scaffolding that drives and shapes cognition. However, despite growing interest in this topic, little attention has been paid to how the Internet influences our affective life — our moods, emotions, and our ability to regulate these and other feeling states. We argue that the Internet scaffolds not only cognition but (...) also affect. Using various case studies, we consider some ways that we are increasingly dependent on our Internet-enabled “techno-social niches” to regulate the contours of our own affective life and participate in the affective lives of others. We argue further that, unlike many of the other environmental resources we use to regulate affect, the Internet has distinct properties that introduce new dimensions of complexity to these regulative processes. First, it is radically social in a way many of these other resources are not. Second, it is a radically distributed and decentralized resource; no one individual or agent is responsible for the Internet’s content or its affective impact on users. Accordingly, while the Internet can profoundly augment and enrich our affective life and deepen our connection with others, there is also a distinctive kind of affective precarity built into our online endeavors as well. (shrink)

Self-disorders in depression and schizophrenia have been the focus of much recent work in phenomenological psychopathology. But little has been said about the role the material environment plays in shaping the affective character of these disorders. In this paper, we argue that enjoying reliable (i.e., trustworthy) access to the things and spaces around us — the constituents of our material environment — is crucial for our ability to stabilize and regulate our affective life on a day-today basis. These things and (...) spaces often play an ineliminable role in shaping what we feel and how we feel it; when we interact with them, they contribute ongoing feedback that " scaffolds " the character and temporal development of our affective experiences. However, in some psychopathological conditions, the ability to access to these things and spaces becomes disturbed. Individuals not only lose certain forms of access to the practical significance of the built environment but also to its ​ regulative​ significance, too — and the stability and organization of their affective life is compromised. In developing this view, we discuss core concepts like " affordance spaces " , " scaffolding " , and " incorporation ". We apply these concepts to two case studies, severe depression and schizophrenia, and we show why these cases support our main claim. We conclude by briefly considering implications of this view for developing intervention and treatment strategies. (shrink)

This book is concerned with the role of intuitions in the justification of philosophical theory. The author begins by demonstrating how contemporary philosophers, whether engaged in case-driven analysis or seeking reflective equilibrium, rely on intuitions as evidence for their theories. The author then provides an account of the nature of philosophical intuitions and distinguishes them from other psychological states. Finally, the author defends the use of intuitions as evidence by demonstrating that arguments for skepticism about their evidential value are either (...) self-defeating or guilty of arbitrary and unjustified partiality towards non-intuitive modes of knowledge. (shrink)

This paper introduces the philosophy of Grace Andrus de Laguna in order to renew interest in it. I show that, in the 1910s and 1920s, she develops ideas and arguments that are also found playing key roles in the development of analytic philosophy decades later. Further, I describe her sympathetic, but acute, criticism of pragmatism and Heideggerian ontology, and situate her work in the tradition of American, speculative philosophy. Before 1920, we will see, de Laguna appeals to multiple realizability to (...) undermine reductionism in science, to support perspectival, scientific realism and, with help from a private language argument, to favour the view that mental states are classified by behavioural, teleological roles over what came to be called ‘type physicalism’. Her view of speech, mostly developed in the 1920s, tells us that its primary role is coordinating group behaviour rather than expressing thoughts. Belief is understood in terms of its causal role, including its causal relations to other kinds of mental states, when coordinating group behaviour. Thought is similarly understood. In developing her theory of mind, de Laguna rejects the pragmatist claims that belief can be reduced to dispositions to behaviour and that thought’s function is to address specific, rather than general, problems. She also favours meaning holism and rejects the analytic–synthetic distinction. In later work, de Laguna argues that individuals’ activity of self-maintenance brings universals, conceived of as irreducible potentialities, into being and makes them increasingly determinate. Further, she identifies the existence of all individuals with forms of self-maintenance and takes the existence of people to include maintenance of the cultural world. Such a unified treatment of existence, she holds, permits making its evolution intelligible. Heidegger’s view of being is rejected for not permitting this. All de Laguna’s work, we will see, fits a vision of philosophy as the systematic, imaginative and naturalistic examination of being as well as a source of criticism of science. (shrink)

Although enactive approaches to cognition vary in terms of their character and scope, all endorse several core claims. The first is that cognition is tied to action. The second is that cognition is composed of more than just in-the-head processes; cognitive activities are externalized via features of our embodiment and in our ecological dealings with the people and things around us. I appeal to these two enactive claims to consider a view called “direct social perception” : the idea that we (...) can sometimes perceive features of other minds directly in the character of their embodiment and environmental interactions. I argue that if DSP is true, we can probably also perceive certain features of mental disorders as well. I draw upon the developmental psychologist Daniel Stern’s notion of “forms of vitality”—largely overlooked in these debates—to develop this idea, and I use autism as a case study. I argue further that an enactive approach to DSP can clarify some ways we play a regulative role in shaping the temporal and phenomenal character of the disorder in question, and it may therefore have practical significance for both the clinical and therapeutic encounter. (shrink)

This paper is an exploration of how we do things with music—that is, the way that we use music as an esthetic technology to enact micro-practices of emotion regulation, communicative expression, identity construction, and interpersonal coordination that drive core aspects of our emotional and social existence. The main thesis is: from birth, music is directly perceived as an affordance-laden structure. Music, I argue, affords a sonic world, an exploratory space or nested acoustic environment that further affords possibilities for, among other (...) things, (1) emotion regulation and (2) social coordination. When we do things with music, we are engaged in the work of creating and cultivating the self, as well as creating and cultivating a shared world that we inhabit with others. I develop this thesis by first introducing the notion of a musical affordance . Next, I look at how emotional affordances in music are exploited to construct and regulate emotions. I summon empirical research on neonate music therapy to argue that this is something we emerge from the womb knowing how to do. I then look at social affordances in music, arguing that joint attention to social affordances in music alters how music is both perceived and appropriated by joint attenders within social listening contexts. In support, I describe the experience of listening to and engaging with music in a live concert setting. Thinking of music as an affordance-laden structure thus reaffirms the crucial role that music plays in constructing and regulating emotional and social experiences in everyday life. (shrink)

We argue that the notion of "mental institutions"-discussed in recent debates about extended cognition-can help better understand the origin and character of social impairments in autism, and also help illuminate the extent to which some mechanisms of autistic dysfunction extend across both internal and external factors (i.e., they do not just reside within an individual's head). After providing some conceptual background, we discuss the connection between mental institutions and embodied habits of mind. We then discuss the significance of our view (...) for understanding autistic habits of mind and consider why these embodied habits are sometimes a poor fit with neurotypical mental institutions. We conclude by considering how these insights highlight the two-way, extended nature of social impairments in autism, and how this extended picture might assist in constructing more inclusive mental institutions and intervention strategies. (shrink)

Some recent developments in Artificial Intelligence—especially the use of machine learning systems, trained on big data sets and deployed in socially significant and ethically weighty contexts—have led to a number of calls for “transparency”. This paper explores the epistemological and ethical dimensions of that concept, as well as surveying and taxonomising the variety of ways in which it has been invoked in recent discussions. Whilst “outward” forms of transparency may be straightforwardly achieved, what I call “functional” transparency about the inner (...) workings of a system is, in many cases, much harder to attain. In those situations, I argue that contestability may be a possible, acceptable, and useful alternative so that even if we cannot understand how a system came up with a particular output, we at least have the means to challenge it. (shrink)

We offer a particularist defense of conspiratorial thinking. We explore the possibility that the presence of a certain kind of evidence—what we call "fortuitous data"—lends rational credence to conspiratorial thinking. In developing our argument, we introduce conspiracy theories and motivate our particularist approach (§1). We then introduce and define fortuitous data (§2). Lastly, we locate an instance of fortuitous data in one real world conspiracy, the Watergate scandal (§3).

Insofar as many older adults fit some definition of disability, disability studies and gerontology would seem to have common interests and goals. However, there has been little discussion between these fields. The aim of this paper is to open up the insights of disability studies as well as philosophy of disability to discussions in gerontology. In doing so, I hope to contribute to thinking about the good life in late life by more critically reflecting upon the meaning of the body, (...) ability, and the variability of each. My central argument is that we should conceptualize age‐associated bodily variations and abilities not in terms of individual capacity, but in terms of what I call “the extended body.” It is in light of the meaning of embodiment and ability in general that we must think differently and more capaciously about the meaning of late life in particular. (shrink)

While there is a steadily growing literature on epistemic injustice in healthcare, there are few discussions of the role that biomedical technologies play in harming patients in their capacity as knowers. Through an analysis of newborn and pediatric genetic and genomic sequencing technologies (GSTs), I argue that biomedical technologies can lead to epistemic injustice through two primary pathways: epistemic capture and value partitioning. I close by discussing the larger ethical and political context of critical analyses of GSTs and their broader (...) implications for just and equitable healthcare delivery. (shrink)

Despite increasing interest in the work of Tetsuro Watsuji, his discussion of intentionality remains underexplored. I here develop an interpretation and application of his view. First, I unpack Watsuji’s arguments for the inherently social character of intentionality, consider how they connect with his more general discussion of embodiment and betweenness, and then situate his view alongside phenomenologists like Husserl, Heidegger, and Merleau-Ponty. Next, I argue that Watsuji’s characterization of the social character of intentionality is relevant to current discussions in phenomenological (...) psychopathology. I consider how it can help illuminate the character and structure of some anomalous experiences in schizophrenia. I argue further that this application can enrich existing attempts to connect Watsuji and psychopathology, such as those found in the work of the psychiatrist Bin Kimura. (shrink)

Though most of analytic philosophy is based upon intuitions, some philosophers are beginning to question whether intuitions are an appropriate basis for philosophical theory. This paper responds to the arguments of some contemporary philosophers who hold that intuitions should not be treated as evidence for anything other than our contingent psychological constitution. It begins with a demonstration that skeptical arguments by Gilbert Harman and Alvin Goldman are variations on an argument with the potential to undermine the use of intuitions in (...) much philosophical inquiry. After a demonstration that Nicholas Sturgeon’s response to Harman’s argument is inadequate, it argues that all of the instances of the skeptical argument are unsuccessful because they are epistemically self-defeating. (shrink)

Disability has been a topic in multiple areas of philosophical scholarship for decades. However, it is only in the last ten to fifteen years that philosophy of disability has increasingly become recognized as a distinct field. Engaging a range of canonical texts across the Western intellectual tradition, I argue that the foundational question of continental philosophy of disability is the question of the meaning of ability. I then explore three pathways toward this question: the verdict of bodies, the bind of (...) bodies and worth, and the dogma of individual ability. I contend that unlike the question of the meaning of being, the question of the meaning of ability is not simply a problem of forgetting but instead primarily a problem of dehumanization. (shrink)

Moderate rationalists maintain that our rational intuitions provide us with prima facie justification for believing various necessary propositions. Such a claim is often criticized on the grounds that our having reliable rational intuitions about domains in which the truths are necessary is inexplicable in some epistemically objectionable sense. In this paper, I defend moderate rationalism against such criticism. I argue that if the reliability of our rational intuitions is taken to be contingent, then there is no reason to think that (...) our reliability is inexplicable. I also suggest that our reliability is, in fact, necessary, and that such necessary reliability neither admits of, nor requires, any explanation of the envisaged sort. (shrink)

A defense of amorality as both philosophically justified and practicably livable. While in synch with their underlying aim of grounding human existence in a naturalistic metaphysics, this book takes both the new atheism and the mainstream of modern ethical philosophy to task for maintaining a complacent embrace of morality. It advocates instead replacing the language of morality with a language of desire. The book begins with an analysis of what morality is and then argues that the concept is not instantiated (...) in reality. Following this, the question of belief in morality is addressed: How would human life be affected if we accepted that morality does not exist? The book argues that at the very least, a moralist would have little to complain about in an amoral world, and at best we might hope for a world that was more to our liking overall. An extended look at the human encounter with nonhuman animals serves as an illustration of amorality’s potential to make both theoretical and practical headway in resolving heretofore intractable ethical problems. (shrink)

Dutch Book Arguments (DBAs) have been invoked to support various requirements of rationality. Some are plausible: probabilism and conditionalization. Others are less so: credal transparency and reflection. Anna Mahtani has argued for a new understanding of DBAs which, she claims, allow us to keep the DBAs for probabilism (and perhaps conditionalization) and reject the DBAs for credal transparency and reflection. I argue that Mahtani’s new account fails as (a) it does not support highly plausible requirements of rational coherence and (b) (...) it does not, even setting aside the first objection, succeed in undermining the DBAs for credal transparency or reflection. (shrink)

The historical relationship between health care professionals and people with disabilities is fraught, a fact all the more troubling in light of the distinctive roles clinicians play in both establishing and responding to that which is considered normal or abnormal by society at large. Those who wish to improve their clinical practice might struggle, however, to keep up with developments across numerous disability communities as well as the ever-growing body of disability studies scholarship. To assist with this goal, I offer (...) an overview of recent disability theory, outline a set of responsibilities clinicians have to disability communities, and provide recommendations for clinicians who hope to justly treat patients with disabilities and improve their care and health outcomes. (shrink)

“Double-halfers” think that throughout the Sleeping Beauty Scenario, Beauty ought to maintain a credence of 1/2 in the proposition that the fair coin toss governing the experimental protocol comes up heads. Titelbaum (2012) introduces a novel variation on the standard scenario, one involving an additional coin toss, and claims that the double-halfer is committed to the absurd and embarrassing result that Beauty’s credence in an indexical proposition concerning the outcome of a future fair coin toss is not 1/2. I argue (...) that there is no reason to regard the credence required by the double-halfer as any less acceptable than the one deemed required by Titelbaum. (shrink)

One argument for the thirder position on the Sleeping Beauty problem rests on direct inference from objective probabilities. In this paper, I consider a particularly clear version of this argument by John Pollock and his colleagues (The Oscar Seminar 2008). I argue that such a direct inference is defeated by the fact that Beauty has an equally good reason to conclude on the basis of direct inference that the probability of heads is 1/2. Hence, neither thirders nor halfers can find (...) direct support in an appeal to objective probabilities. (shrink)

With the notable exception of David Lewis, most of those writing on the Sleeping Beauty problem have argued that 1/3 is the correct answer. Terence Horgan has provided the clearest account of why, contrary to Lewis, Beauty has evidence against the proposition that the coin comes up heads when she awakens on Monday. In this paper, I argue that Horgan’s proposal fails because it neglects important facts about epistemic probability.

I have recently argued that origin essentialism regarding individual organisms entails that natural selection does not explain why individual organisms have the traits that they do. This paper defends this and related theses against Mohan Matthen's recent objections.

The idea that there are ‘laws of nature’ is a widespread scientific opinion. On the one hand, I argue that this idea has the crucial function to explain the obvious similarities of physical processes. On the other hand, I show that this idea can be replaced by the hypothesis supporting that a minimal consciousness immanent to matter governs its processes. This latter hypothesis may seem surprising, but compared to that of laws, it is more empirical in the sense that it (...) is inspired by our conscious experience, in particular our experience of automatic actions. And it is deflationist, because it allows us to reject the existence of laws, which must be considered as Platonistic forms. This hypothesis has been supported by Peirce and Bergson. In this paper, I try to clarify and complete their views, and to draw the consequences for the study of consciousness. (shrink)

The guiding premise from which this special report begins is the conviction and hope that justice is at the normative heart of medicine and that it is the perpetual task of bioethics to bring concerns of justice to bear on medical practice. On such an account, justice is medicine's lifeblood, that by which it contributes to life as opposed to diminishing it. It is in this larger, historical, intersectional, critical, and ethically minded context that we must approach pressing questions facing (...) medicine, including the question of the import and role of genomic knowledge for human life. The second premise is that, at least in principle, the knowledge generated by genomics can be a gift or a weight, or both at the same time. That is to say that, on the one hand, genomic knowledge is a gift, creating novel insights into the genetic drivers of disease and into the geographical paths of our ancestors. And on the other hand, it is a weight, creating new obligations, new forms of social classification, and new forms of surveillance. Because it is in many ways the “common sense” of the day that genomic knowledge is a gift, this special report, which contains nine essays, concentrates on the ways in which such knowledge can be a weight, a weight that has the potential to thwart—and historically has thwarted—medicine from genuinely advancing justice . (shrink)

Deonna and Teroni’s The Emotions is both an excellent introduction to philosophical work on emotions and a novel defence of their own Attitudinal Theory. After summarising their discussion of the literature I describe and evaluate their positive view. I challenge their theory on three fronts: their claim that emotions are a form of bodily awareness, their account of what makes an emotion correct, and their account of what justifies an emotion.

I argue for the view that some we-thoughts are immune to error through misidentification (IEM) relative to the first-person plural pronoun. To prepare the ground for this argument I defend an account of the semantics of ‘we’ and note the variety of different uses of that term. I go on to defend the IEM of a certain range of we-thoughts against a number of objections.

Philosophers intent upon characterizing the difference between physics and biology often seize upon the purported fact that physical explanations conform more closely to the covering law model than biological explanations. Central to this purported difference is the role of laws of nature in the explanations of these two sciences. However, I argue that, although certain important differences between physics and biology can be highlighted by differences between physical and biological explanations, these differences are not differences in the degree to which (...) those explanations conform to the covering law model, which fits biology about as well as it does physics. (shrink)

I am grateful to Philip Reed for his article ‘Expressivism at the Beginning and End of Life’. His piece compellingly demonstrates the import of expanding analyses concerning the expressivist thesis beyond the reproductive sphere to the end-of-life sphere. I hope that his intervention spurns further work on this connection. In what follows, I want to focus on what I take to be moments of slippage in his use of the concept of disability, a slippage to which many disability theorists succumb. (...) In short, I argue that there are crucial moments in his argument where Reed runs together cases of disability that should be kept distinct—at minimum for the context in which he discusses them. Namely, forms of disability the suffering of which justice can eliminate versus those that ‘no amount of accessibility and social justice could eliminate’. (shrink)

This book explores Eucharistic conflicts in Augsburg, Germany during the first decade of the Protestant Reformation. The symbolic interpretation of the Eucharist formed part of a broader anti-mediational ideology that its supporters applied to the political, economic, and religious realms.

In this thesis, I focus on two undervalued aspects of Nietzsche’s admiration of the ancient Greeks: the healthy psychology of the Greeks, and the origins of this health in Homeric poetry. I argue that Homer was a cultural physician for the ancient Greeks and is responsible for creating a new, healthy set of values through his epic poetry. In turn, these Homeric values brought Greece into its “tragic age”—a time during which Greek culture was “the highest authority for what we (...) may term cultural health”. Moreover, Homer’s success as a cultural physician comes from his ability to lie poetically lie. So, I also give an account of how Nietzsche thinks this kind of lying is psychologically possible through what I call Nietzschean dissimulation. (shrink)

El conjunto de ensayos que el lector tiene entre sus manos expresa un cuerpo sistemático de ideas provocadoras sobre la tensión entre el constitucionalismo y la democracia. Su autor, el profesor Joel Colón-Ríos, boricua, formado en las dos facultades de derecho canadienses de mayor renombre, e investigador de una de las mejores universidades de Oceanía, las ha fraguado a lo largo de más de un lustro y debatido con gran éxito ante la elite intelectual de Norteamérica. La propuesta central (...) del libro es una original reivindicación de la democracia frente al constitucionalismo. Su institucionalización consiste en un constitucionalismo débil. La piedra angular de este modelo es una constitución inacabada, permanentemente abierta al cambio, que permite y promueve la participación y la deliberación popular continua, en particular, mediante el potencial ejercicio del poder constituyente en cualquier momento. De esta manera, el pueblo tiene la posibilidad de hablar por sí mismo cuando lo juzgue pertinente. Puede cuestionar y reformular los principios básicos de la organización social. No está supeditado a las decisiones adoptadas por los ancestros que expidieron la Constitución, ni por sus representantes que, en el Congreso, ostentan el poder de reformarla. Precio: 49.000 pesos. (shrink)

The traditional problems of epistemology have often been thought to be properly solved only by the provision of an argument, with premises justified by rational intuition and introspection, for the probable truth of our beliefs in the problematic domains. Following the lead of Thomas Reid, a sizable number of contemporary epistemologists, including many proponents of so-called "Reformed epistemology" regarding religious belief, reject as arbitrary the preferential treatment of reason and introspection implicit in the traditional view of the problems. These "Reidians" (...) insist that the traditional problems cannot be solved in the expected manner, but they go on to suggest that this result is of little significance because similar skeptical questions can be raised regarding a priori and introspective justification. -/- After making clear the significance of the Reidian objection, I endeavor to defend the traditional preference for rational intuition over our other sources of belief by demonstrating that the usual skeptical worries cannot be equally raised against a priori justification. Then, after a brief consideration of some unduly neglected passages in Reid's writings in which he appears to concede that the traditional partiality to reason and introspection is not, in fact, arbitrary, I argue that it is the Reidians who are guilty of arbitrary partiality. (shrink)

Taking as its starting point that morality does not exist (moral error theory), this chapter tries to persuade the reader to eradicate it from her psyche as well (moral abolitionism). It is argued further that the most effective way to rid oneself (and society) of moralist attitudes would be to eliminate moralist vocabulary and manners of speaking and, indeed, to the greatest degree practicable, all normative vocabularies and manners of speaking. This is because moralism lies deep and pervasively in the (...) human psyche and hence requires a special effort to root it out. A particular problem is how to eradicate moralism from the abolitionist project itself. For the natural way to think about it is as advocating that we ought to be amoral or that being amoral would make this a better world. But these are themselves moralist ways of thinking. This chapter seeks to obviate this problem, as well as fill the void left by morality’s elimination, by defending a positive ethics of desire (desirism). (shrink)

In his review of Charles Spearman’s The Nature of ‘Intelligence’ (1923), R. G. Collingwood launched an attack upon psychometrics that was expanded in his Essay on Metaphysics (1940). Although underrated by friend and foe alike, Collingwood’s critique identified a number of defects in the thinking of psychometricians that subsequently became entrenched. However, his main complaint was that psychology generally (and, by implication, psychometrics) was a ‘fashionable scientific fraud’. This charge was inspired by his more general views on logic and metaphysics, (...) which, however, as I argue, are logically unsustainable. Ironically, other elements of his philosophy – his ‘fallacy of calculation’ and concept of ‘scale of forms’ – are relevant to psychometrics and tip the scales in favour of his otherwise unwarranted charge. (shrink)