I argue that legal punishment is morally wrong because it’s too morally risky. I first briefly explain how my argument differs from similar ones in the philosophical literature on legal punishment. Then I explain why legal punishment is morally risky, argue that it’s too morally risky, and discuss objections. In a nutshell, my argument goes as follows. Legal punishment is wrong because we can never sufficiently reduce the risk of doing wrong when we legally punish people. We can never sufficiently (...) reduce this risk because wrongful punishment is much worse than wrongful non-punishment and because punishment’s permissibility depends on the answers to a variety of difficult philosophical questions about which we’re fallible. (shrink)

Artificial intelligence (AI) has become nearly ubiquitous in modern society, from components of mobile applications to medical support systems, and everything in between. In societally impactful systems imbued with AI, there has been increasing concern related to opaque AI, that is, artificial intelligence where it is unclear how or why certain decisions are reached. This has led to a recent boom in research on “explainable AI” (XAI), or approaches to making AI more explainable and understandable to human users. In the (...) military domain, numerous bodies have argued that autonomous and AI-enabled weapon systems ought not incorporate unexplainable AI, with the International Committee of the Red Cross and the United States Department of Defense both explicitly including explainability as a relevant factor in the development and use of such systems. In this article, I present a cautiously critical assessment of this view, arguing that explainability will be irrelevant for many current and near-future autonomous systems in the military (which do not incorporate any AI), that it will be trivially incorporated into most military systems which do possess AI (as these generally possess simpler AI systems), and that for those systems with genuinely opaque AI, explainability will prove to be of more limited value than one might imagine. In particular, I argue that explainability, while indeed a virtue in design, is a virtue aimed primarily at designers and troubleshooters of AI-enabled systems, but is far less relevant for users and handlers actually deploying these systems. I further argue that human–machine teaming is a far more important element of responsibly using AI for military purposes, adding that explainability may undermine efforts to improve human–machine teamings by creating a prima facie sense that the AI, due to its explainability, may be utilized with little (or less) potential for mistakes. I conclude by clarifying that the arguments are not against XAI in the military, but are instead intended as a caution against over-inflating the value of XAI in this domain, or ignoring the limitations and potential pitfalls of this approach. (shrink)

As Vetter says, we are at the “beginning of the debate, not the end” (2015: 300) when it comes to evaluating her potentiality-based account of metaphysical modality. This paper contributes to this developing debate by highlighting three problems for Vetter’s account. Specifically, I begin (§1) by articulating some relevant details of Vetter’s potentiality-based view. This leads to the first issue (§2), concerning unclarity in the idea of degrees of potentiality. Similarly, the second issue (§3) raises trouble for Vetter’s proposed individuation (...) conditions for potentialities. Finally, the third issue (§4) is about apparently unmanifestable intrinsic potentialities, and suggests that there might be some deeper problems with anchoring metaphysical possibilities in concrete objects. More generally, though the issues detailed here are problematic, I do not take them to be fatal. However, they do show that, at minimum, further clarification of Vetter’s potentiality view is required. As Vetter says, we are at the “beginning of the debate, not the end” (2015: 300) when it comes to evaluating her potentiality-based account of metaphysical modality. This paper contributes to this developing debate by highlighting three problems for Vetter’s account. Specifically, I begin (§1) by articulating some relevant details of Vetter’s potentiality-based view. This leads to the first issue (§2), concerning unclarity in the idea of degrees of potentiality. Similarly, the second issue (§3) raises trouble for Vetter’s proposed individuation conditions for potentialities. Finally, the third issue (§4) is about apparently unmanifestable intrinsic potentialities, and suggests that there might be some deeper problems with anchoring metaphysical possibilities in concrete objects. More generally, though the issues detailed here are problematic, I do not take them to be fatal. However, they do show that, at minimum, further clarification of Vetter’s potentiality view is required. (shrink)

In a recent article Duncan Purves, Ryan Jenkins, and B. J. Strawser argue that in order for a decision in war to be just, or indeed the decision to resort to war to be just, it must be the case that the decision is made for the right reasons. Furthermore, they argue that this requirement holds regardless of how much good is produced by said action. In this essay I argue that their argument is flawed, in that it mistakes what (...) makes an agent morally good for what makes an act morally good. I argue that the main thrust of Purves et al.’s argument in fact undermines the conclusion they wish to draw, and that the reasons for one’s action do not make an in principle difference to the morality of actions in war. I further argue that this position undermines the traditional ad bellum just war constraint of right intention, and that the morality of actions in war is, at core, only concerned with outcomes. I conclude by clarifying that one’s reasons for action do in fact matter when deciding to enter war or kill in war, but only because one’s reasons significantly impact the way in which one acts. The purpose of this paper is to clear the theoretical space by showing why intentions/reasons do not in principle matter when assessing the morality of war (or killing), but this should not be taken as an argument that we should ignore intentions/reasons altogether. (shrink)

In this paper, I shed light on Kant’s notion of Erkenntnis or cognition by focusing on texts pertaining to Kant’s thoughts on logic. Although a passage from Kant’s Logik is widely referred to for understanding Kant’s conception of Erkenntnis, this work was not penned by Kant himself but rather compiled by Benjamin Jäsche. So, it is imperative to determine its fidelity to Kant’s thought. I compare the passage with other sources, including Reflexionen and students’ lecture notes. I argue that several (...) of the text’s peculiarities stem from Jäsche rather than Kant, but that nevertheless Jäsche largely got Kant's view right, with two major exceptions. First, Jäsche’s text fails to reproduce Kant’s key thesis that kennen and verstehen are jointly sufficient for Erkenntnis. Second, Jäsche’s text gives the false impression that Kant holds that animals have consciousness. (shrink)

This chapter presents David Foster Wallace's views about three positions regarding the good life—ironism, hedonism, and narrative theories. Ironism involves distancing oneself from everything one says or does, and putting on Wallace's so-called “mask of ennui.” Wallace said that the notion appeals to ironists because it insulates them from criticism. However, he reiterated that ironists can be criticized for failing to value anything. Hedonism states that a good life consists in pleasure. Wallace rejected such a notion, doubting that pleasure could (...) play a fundamental role in the good life. Lastly, narrative theories characterize the good life by fidelity to a unified narrative -- a systematic story about one's life, composed of a set of ends or principles according to which one lives. Wallace believed that these theories turn people into spectators, rather than the participants in their own lives. (shrink)

In international law and the ethics of war, there are a variety of actions which are seen as particularly problematic and presumed to be always or inherently wrong, or in need of some overwhelmingly strong justification to override the presumption against them. One of these actions is assassination, in particular, assassination of heads of state. In this essay I argue that the presumption against assassination is incorrect. In particular, I argue that if in a given scenario war is justified, then (...) assassination of the enemy state's leader is also justified, and in fact ought to be pursued as a means short of war. I defend this position on both consequential and deontic grounds, arguing that assassination is both more discriminate than war and serves to harm only those most responsible for the situation which justifies war in the first place. I conclude by arguing that a norm of assassination, far from being a destabilizing force, as some have argued, would in fact serve to reinforce international norms of rights and respect for persons by making clear that tyrants and would-be oppressors cannot hide behind military forces or notions of sovereignty to protect themselves from judgment and retribution. (shrink)

How can you steal something that doesn’t exist? This question confronts those of us who take an irrealist view of virtual objects and agree with the Supreme Court of the Netherlands that robbery took place when two boys used non-virtual violence to coerce a third boy into relinquishing his virtual amulet and mask. Here we outline this Puzzle of Virtual Theft, along with the closely related Puzzle of Virtual Value. After demonstrating how these puzzles are deeply problematic for the irrealist, (...) we go on to sketch a solution that not only circumscribes the puzzles but also offers a framework by which legal scholars can make sense within existing legal codes of the new phenomenon of virtual theft. (shrink)

Discussions of political obligation and political authority have long focused on the idea that the commands of genuine authorities constitute content-independent reasons. Despite its centrality in these debates, the notion of content-independence is unclear and controversial, with some claiming that it is incoherent, useless, or increasingly irrelevant. I clarify content-independence by focusing on how reasons can depend on features of their source or container. I then solve the long-standing puzzle of whether the fact that laws can constitute content-independent reasons is (...) consistent with the fact that some laws must fail to bind due to their egregiously unjust content. Finally I defend my understanding of content-independence against challenges and show why it retains a place of special importance for questions about the law and political obligation. Content-independence highlights that it is some feature of the law or law-making process in general that is supposed to generate moral obligations for citizens, not the merits of particular laws. (shrink)

Alonzo Church famously provided three principal competing criteria for “strict synonymy,” i.e., sameness of semantic content. These are his Alternatives (0), (1), and (2)—numbered in order of increasing course-grainedness of content. On Alternative (2), expressions are deemed strictly synonymous iff they are logically equivalent. This criterion seems hopeless as an account of the objects of propositional attitude. On Alternative (1), expressions are deemed synonymous iff they are λ-convertible. Alternative (1) also evidently conflicts with discourse about the attitudes. On Alternative (0), (...) expressions are deemed strictly synonymous iff they are “synonymously isomorphic” in Church’s sense. On Alternative (0), semantic content is so fine-grained that not even “Romeo loves Juliet” and “Juliet is loved by Romeo” qualify as strictly synonymous. A fourth alternative, here called “Alternative (3),” deems expressions strictly synonymous iff they are co-intensional, i.e., they have the same semantic extension with respect to the same possible worlds. This criterion’s notion of content is even more course grained than that of Alternative (2). Several objections to Alternative (3) are considered. (This article is wholly contained within the author’s more definitive essay, “Singular Concepts”.). (shrink)

A number of studies have tested the relationship between a corporation's social and ethical performance and its financial performance. In contrast, this is the first study to demonstrate a link between overall financial performance and an emphasis on ethics as an aspect of corporate governance. It identifies the 26.8 percent of the 500 largest U.S. public corporations that, in their annual report to shareholders, commit to ethical behavior toward their stakeholders or emphasize compliance with their code of conduct. The financial (...) performance of these corporations ranks higher than that of those who do not at a significance level of p = < 0.005, using the 1997 Business Week ranking which averages eight publicly-reported measures of historical financial performance. These findings should motivate more corporations to utilize the principles of Social and Ethical Accounting, Auditing and Reporting (SEAAR). (shrink)

Most scholars think of David Hilbert's program as the most demanding and ideologically motivated attempt to provide a foundation for mathematics, and because they see technical obstacles in the way of realizing the program's goals, they regard it as a failure. Against this view, Curtis Franks argues that Hilbert's deepest and most central insight was that mathematical techniques and practices do not need grounding in any philosophical principles. He weaves together an original historical account, philosophical analysis, and his own (...) development of the meta-mathematics of weak systems of arithmetic to show that the true philosophical significance of Hilbert's program is that it makes the autonomy of mathematics evident. The result is a vision of the early history of modern logic that highlights the rich interaction between its conceptual problems and technical development. (shrink)

Changing our minds isn't easy. Even when we recognize our views are disputed by intelligent and informed people, we rarely doubt our rightness. Why is this so? How can we become more open-minded, putting ourselves in a better position to tolerate conflict, advance collective inquiry, and learn from differing perspectives in a complex world? -/- Nathan Ballantyne defends the indispensable role of epistemology in tackling these issues. For early modern philosophers, the point of reflecting on inquiry was to understand (...) how our beliefs are often distorted by prejudice and self-interest, and to improve the foundations of human knowledge. Ballantyne seeks to recover and modernize this classical tradition by vigorously defending an interdisciplinary approach to epistemology, blending philosophical theorizing with insights from the social and cognitive sciences. -/- Many of us need tools to help us think more circumspectly about our controversial views. Ballantyne develops a method for distinguishing between our reasonable and unreasonable opinions, in light of evidence about bias, information overload, and rival experts. This method guides us to greater intellectual openness--in the spirit of skeptics from Socrates to Montaigne to Bertrand Russell--making us more inclined to admit that sometimes we don't have the right answers. With vibrant prose and fascinating examples from science and history, Ballantyne shows how epistemology can help us know our limits. (shrink)

The confounding effects of heterogeneity in biological psychiatry and psychiatric genetics have been widely discussed in the literature. We suggest an approach in which heterogeneity may be put to use in hypothesis testing, and may find application in evaluation of the Crespi & Badcock (C&B) imprinting hypothesis. Here we consider three potential sources of etiologic subtypes for analysis.

The target article by Charney on behavior genetics/genomics discusses how numerous molecular factors can inform heritability estimations and genetic association studies. These factors find application in the search for genes for behavioral phenotypes, including neuropsychiatric disorders. We elaborate upon how single causal factors can generate multiple phenotypes, and discuss how multiple causal factors may converge on common neurodevelopmental mechanisms.

Two theses figure centrally in work on the epistemology of disagreement: Equal Weight (‘EW’) and Uniqueness (‘U’). According to EW, you should give precisely as much weight to the attitude of a disagreeing epistemic peer as you give to your own attitude. U has it that, for any given proposition and total body of evidence, some doxastic attitude is the one the evidence makes rational (justifies) toward that proposition. Although EW has received considerable discussion, the case for U has not (...) been critically evaluated. Endorsing U, we argue, commits one to the highly controversial thesis that whatever fixes your rational attitudes can do so only by fixing what evidence you have. This commitment imposes a relatively demanding requirement on justified belief in U, one that we argue is not satisfied by what is currently the strongest available case for U, due to Roger White [2005]. Our challenge to U makes more trouble for its proponents than do the worries about U expressed by Gideon Rosen [2001] and Thomas Kelly [2010]. Moreover, if Kelly [2010] is correct in thinking that EW “carries with it a commitment to” U—a claim which we accept for reasons similar to Kelly’s but is beyond this paper’s scope (but see Ballantyne and Coffman [forthcoming])—then our challenge to U bears importantly on EW: to the extent that our challenge to U succeeds, EW also suffers. (shrink)

I identify an inconsistency in Jago’s theory of truth. I show that Jago is committed to the identity of the proposition that the proposition that A is true and the proposition that A. I show that Jago is committed to the proposition that A being true because A if the proposition that A is true. I show that these two commitments, given the rest of Jago’s theory, entail a contradiction. I show that while the latter commitment follows from Jago’s theory (...) of truth, even by Jago’s own lights he should not be committed to the identity of the proposition that the proposition that A is true and the proposition that A. (shrink)

ABSTRACT:Corporate governance scholarship focuses on executive malfeasance, specifically its antecedents and consequences. Academic efforts primarily focus on prevention while practitioners are often left to hold firms and executives (including directors) accountable through a variety of sanctions. Even so, executive malfeasance still occurs even in the face of the vast resources used to monitor, control, and penalize firms and executives. In this paper, we posit equity markets do not adequately penalize firms for inaccurate earnings reports. Using a sample of 129 firms (...) identified by the U.S. General Accounting Office for reporting fraudulent earnings in 10K filings, we found support for our assertion. Consequently, the one party who may benefit but escape accountability is firm shareholders. Moreover, we find little empirical evidence that the subset of firms sanctioned by the SEC is penalized more heavily than the full sample by markets at the time they report and correct their 10K filings. Our results raise serious questions whether such managerial opportunism can be eradicated given the apparent lack of consequences in equity markets for investors. We also question whether the SEC is able to discern between fraud and error in financial reporting and its implications. (shrink)

Frege claims that sentences of the form ‘A’ are equivalent to sentences of the form ‘it is true that A’ (The Equivalence Thesis). Frege also says that there are fictional names that fail to refer, and that sentences featuring fictional names fail to refer as a result. The thoughts such sentences express, Frege says, are also fictional, and neither true nor false. Michael Dummett argues that these claims are inconsistent. But his argument requires clarification, since there are two ways The (...) Equivalence Thesis has been formulated, according as the thesis equates the senses or the referents of the relevant sentences. -/- I have two aims in this paper. The first is to demonstrate that a sameness of sense thesis is inconsistent with Frege’s other theses. The second is to argue that a sameness of reference thesis is consistent with them. Thus, all else being equal, Frege ought to endorse a sameness of reference, rather than a sameness of sense thesis. (shrink)

Epistemic trespassers judge matters outside their field of expertise. Trespassing is ubiquitous in this age of interdisciplinary research and recognizing this will require us to be more intellectually modest.

Human interaction and communication involve space in multiple ways. This paper examines the spatial and interactional order of a covertly video-taped police interrogation. When the participants enter the interrogation room and become engaged in the interrogation process, the room itself is a constraint and a resource for interaction. While interacting within a built environment, the participants appropriate their material surroundings in ways that constitute a spatial order and make possible certain arguments. This paper examines how the physical structure of the (...) interrogation room is differentially appropriated, used, and filled in by the participants''; territorial and postural manoeuvers over the course of their interaction; and how the spatial structures thus created by the bodily appropriation of the physical locale are subsequently formulated by talk and thereby used as a metaphorical resource to frame the participants'' situated experience. Through this embedded process, the interrogators move the suspect toward confession. (shrink)

Heidegger and East-Asian thought have traditionally been strongly correlated. However, although still largely unrecognized, significant differences between the political and metaphysical stance of Heidegger and his perceived counterparts in East-Asia most certainly exist. One of the most dramatic discontinuities between East-Asian thought and Heidegger is revealed through an investigation of Kitarō Nishida’s own vigorous criticism of Heidegger. Ironically, more than one study of Heidegger and East-Asian thought has submitted that Nishida is that representative of East-Asian thought whose philosophy most closely (...) resembles Heideggerian thought. In words that then and now resound discordantly within the enshrined, established view of Heidegger’s relationship to East-Asian thought, Nishida stated uninhibitedly his own view of Heidegger in the noteworthy statement: “Heidegger is not worth your time… He…does not recognize that which is indispensible and decisive, namely, God.” This present study lays out for the first time in English, the significant differences between the metaphysical and political stances of Nishida and Heidegger, Nishida’s own critique of Heidegger, and Heidegger’s own rather dismal assessment of non-Western philosophy, all of which demonstrate a remarkable, hitherto unrecognized discontinuity between Heidegger and East-Asian thought. (shrink)

Rather infamously, Kit Fine provided a series of counter‐examples which purport to show that attempts to understand essence in terms of metaphysical necessity are ‘fundamentally misguided’. Here, my aim is to put forward a new version of modalism that is, I argue, immune to Fine's counter‐examples. The core of this new modalist account is a sparseness restriction, such that an object's essential properties are those sparse properties it has in every world in which it exists. After first motivating this sparseness (...) restriction, I proceed to show how the resulting sparse modalism circumvents Fine's original counter‐examples. After dismissing a potential problem concerning the membership relation, I conclude that, as at least one form of modalism is viable, the project of understanding essence in terms of metaphysical necessity is not so fundamentally misguided after all. (shrink)

There is general consensus that explainable artificial intelligence is valuable, but there is significant divergence when we try to articulate why, exactly, it is desirable. This question must be distinguished from two other kinds of questions asked in the XAI literature that are sometimes asked and addressed simultaneously. The first and most obvious is the ‘how’ question—some version of: ‘how do we develop technical strategies to achieve XAI?’ Another question is specifying what kind of explanation is worth having in the (...) first place. As difficult and important as the challenges are in answering these questions, they are distinct from a third question: why do we want XAI at all? There is vast literature on this question as well, but I wish to explore a different kind of answer. The most obvious way to answer this question is by describing a desirable outcome that would likely be achieved with the right kind of explanation, which would make the explanation valuable instrumentally. That is, XAI is desirable to attain some other value, such as fairness, trust, accountability, or governance. This family of arguments is obviously important, but I argue that explanations are also intrinsically valuable, because unexplainable systems can be dehumanizing. I argue that there are at least three independently valid versions of this kind of argument: an argument from participation, from knowledge, and from actualization. Each of these arguments that XAI is intrinsically valuable is independently compelling, in addition to the more obvious instrumental benefits of XAI. (shrink)

A key question has been underexplored in the literature on conscientious objection: if a physician is required to perform ‘medical activities,’ what is a medical activity? This paper explores the question by employing a teleological evaluation of medicine and examining the analogy of military conscripts, commonly cited in the conscientious objection debate. It argues that physicians (and other healthcare professionals) can only be expected to perform and support medical acts – acts directed towards their patients’ health. That is, physicians cannot (...) be forced to provide or support services that are not medical in nature, even if such activities support other socially desirable pursuits. This does not necessarily mean that medical professionals cannot or should not provide non-medical services, but only that they are under no obligation to provide them. (shrink)

Walter Sinnott-Armstrong has developed and progressively refined an argument against moral intuitionism—the view on which some moral beliefs enjoy non-inferential justification. He has stated his argument in a few different forms, but the basic idea is straightforward. To start with, Sinnott-Armstrong highlights facts relevant to the truth of moral beliefs: such beliefs are sometimes biased, influenced by various irrelevant factors, and often subject to disagreement. Given these facts, Sinnott-Armstrong infers that many moral beliefs are false. What then shall we think (...) of our own moral beliefs? Either we have reason to think some of our moral beliefs are reliably formed or we have no such reason. If the latter, our moral beliefs are unjustified. If we have reason to think some moral beliefs are reliably formed, then those beliefs are not non-inferentially justified, because then we’ll have reason to accept something—namely, that they are reliably formed—that entails or supports those beliefs. But then, either way, our moral beliefs are not non-inferentially justified, and so moral intuitionism is false. This paper takes issue with Sinnott-Armstrong’s interesting and widely discussed argument, which we here call the Empirical Defeat Argument (EDA). According to us, the EDA does not defeat moral intuitionism. In section 1, we will set out the argument, briefly reviewing the rationale Sinnott-Armstrong offers for the premises. Then, in section 2, we identify a critical but dubious epistemological assumption concerning the nature of defeat that undergirds the argument. Finally, in section 3, we will defend our challenge to the EDA by answering two objections. (shrink)

It is a truth universally acknowledged that a claim of metaphysical modality, in possession of good alethic standing, must be in want of an essentialist foundation. Or at least so say the advocates of the reductive-essence-first view, according to which all modality is to be reductively defined in terms of essence. Here, I contest this bit of current wisdom. In particular, I offer two puzzles—one concerning the essences of non-compossible, complementary entities, and a second involving entities whose essences are modally (...) ‘loaded’—that together strongly call into question the possibility of reducing modality to essence. (shrink)

Wrestling with God makes your faith stronger.

This article considers the war against terror in relation to classical tragedy. It uses Heidegger's analysis of Sophocles's play Antigone to argue that human beings are essentially `homeless' and yet our destiny lies in the continual attempt to overcome this homelessness by establishing foundational principles that might bring our journeying to an end. The tragedy of this situation is that the search for foundations and a search for a home invariably bring differing worlds in conflict with each other as their (...) paths to truth collide. Lucien Goldmann's analysis of the tragedy of refusal is also considered in relation to a non-foundational politics that may permit us not only to endure, but actually to affirm our homelessness as an attempt to resist the terror and anabolic militarism that marks the current age. (shrink)

Intellectual humility is commonly thought to be a mindset, disposition, or personality trait that guides our reactions to evidence as we seek to pursue the truth and avoid error. Over the last decade, psychologists, philosophers, and other researchers have begun to explore intellectual humility, using analytical and empirical tools to understand its nature, implications, and value. This review describes central questions explored by researchers and highlights opportunities for multidisciplinary investigation.

I argue that there is moral luck, i.e., that factors beyond our control can affect how laudable or culpable we are.