Some societies used to impose liability on inanimate objects, a practice we’d now regard as silly and confused. When we punish corporations today, are we making similar mistakes? Here I consider some important sources of philosophical skepticism about imposing criminal liability on corporations, and I argue that they admit of answers, which places punishing corporations on stronger footing than punishing inanimate objects. First, I consider the eligibility challenge, which asserts that corporations are not the right kind of thing to be (...) punished. Second, the reductionist challenge insists that corporate culpability always reduces to individual culpability. I suggest that progress can be made in addressing these challenges by asking the right law-focused questions and attending to recent developments in criminal law theory and moral philosophy. (shrink)

I am immensely grateful to the commentators for their insightful challenges to Criminally Ignorant.1 I’ve learned a tremendous amount from grappling with their objections and am indebted to them fo...

To help explain in a principled way why criminal law doctrine tends to abstract away from motives and other individualized circumstances, I have defended an insufficient regard theory of criminal culpability that is more objective in certain respects than other views in the same camp. This has led Alec Walen to object that my view is too objective to be an account of culpability and is better understood as a theory of criminal wrongs. This challenge is important not least because (...) it requires getting clearer about what wrongness and culpability are and what roles they play on a legal moralist picture of the criminal law. Here, I argue that Walen’s objection is mistaken. Once we get clearer on what distinguishes wrongness and culpability, it becomes clear that my account is best seen as a theory of culpability. This is so even though it calculates degrees of culpability in a more objective way than other insufficient regard views. Besides just defending my account from Walen’s objection, this paper aims to make a positive contribution by developing a more sophisticated version of the Manifestation Account I proposed earlier. To do this, I focus on the main area of criminal law doctrine where culpability comes apart from wrongness – namely, excuse cases. My earlier Manifestation Account is implausible – or at least limited – because it has nothing distinctive to say about how to determine the culpability of excused misconduct. Accordingly, the theory would be, if not outright false, at best incompatible with the orthodox view in criminal law theory, which takes excuses to accept wrongdoing but deny culpability. To solve this problem and enhance the Manifestation Account’s explanatory value, I show how to extend the theory to account for the culpability of wrongs where a putatively excusing condition is in play. This not only fills a gap in the Manifestation Account but has the further benefit of providing a unified reasons-based account of the main categories of misconduct in the criminal law, which shows what separates criminal wrongness from culpability both in justification cases and excuse cases. The hope is that this effort will shed light on the distinct roles of wrongness and culpability in legal moralist theories of the criminal law and provide a better understanding of degrees of culpability for criminal wrongs – not only when justifications are at issue, but also when excuses are involved. (shrink)

There are sometimes good reasons to define a criminal offense in a way that is over-inclusive, in the sense that the definition will encompass conduct that is not otherwise wrongful. But are these reasons ever sufficient? When, if ever, can such laws justifiably be made and enforced? When, if ever, can they permissibly be violated? In The Realm of Criminal Law, Antony Duff tackles this challenge head on. We find Duff’s strategy promising in many ways as an effort to reconcile (...) over-inclusive offenses with the wrongness constraint on criminalization. Nonetheless, we aim to move the discussion forward by raising questions about Duff’s solution and highlighting some limitations and costs. We begin in Part 2 by sketching the contours of Duff’s position; then in Part 3 we propose one refinement and offer two practical observations; and finally, in Part 4 we raise broader concerns. In particular, we question whether the problem of over-inclusive offenses is one that can or ought to be solved, or whether it is better conceived as a difficulty to be managed and mitigated. Of course, we should avoid undue harshness in the law where we can, and Duff’s approach is guided by this worthy ambition. But there may also be a limit to this. To the extent that the harshness cannot be avoided, perhaps this should be acknowledged and faced up to, rather than obscured or finessed. (shrink)

Alex Sarch’s recent book, Criminally Ignorant: Why the Law Pretends We Know What We Don’t is a wonderfully rich work.1 Sarch provides and defends an explanatorily powerful theory of criminal culpab...

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This is volume One of texts (from sanskrit and Tibetan sources) of the two planned volumes on Buddhist Ligic (the second volume to be on topics and opponents).

Reactive emotion accounts hold that blameworthiness should be analyzed in terms of the familiar reactive emotions. However, despite the attractions of such views, we are not persuaded that blameworthiness is ultimately a matter of correctly felt reactive emotion. In this paper, we draw attention to a range of little-discussed considerations involving the moral significance of the passage of time that drive a wedge between blameworthiness and the reactive emotions: the appropriateness of the reactive emotions is sensitive to the passage of (...) time in ways that attributions of blameworthiness are not. There are a number of ways in which reactive emotion accounts might attempt to accommodate the moral significance of time, however. We consider the most important of these, but ultimately find them wanting. Accordingly, we conclude that the prospects for the reactive emotion accounts are bleak. Our argument, if successful, has a range of implications for legal theory, most importantly in providing a novel moral basis for statutes of limitations and in shedding light on new avenues in the theory of criminal law generally. (shrink)

When A utters a declarative sentence in a context to B, typically A can mean a proposition by the sentence, the sentence in context literally expresses a proposition, there are propositions A and B can agree the sentence literally expressed, and B can acquire knowledge from this testimonial exchange. In recent work on linguistic communication, each of these four platitudes has been challenged, and on the same basis: viz. on the ground that exactly which proposition the sentence expressed in context (...) is not discernible given the information provided by the context. I argue that, even if this is true, there will be propositional parts of the proposition expressed by the sentence in context which can be identified and that, consequently, the partial understanding afforded by the existence of such identifiable parts undermines the soundness of the arguments against the platitudes. (shrink)

Darwin in Argentina -- Conflicting Systems -- Francisco Javier Muniz (1795-1871) -- Hermann Burmeister (1807-1891) -- Francisco P. Moreno (1852-1919) -- Domingo F. Sarmiento (1811-1888) -- Eduardo Holmberg (1852-1937) -- Florentino Ameghino (1854-1911) -- Jose Ingenieros (1877-1925) -- Carlos Octavio Bunge (1875-1918).

The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing (...) need for change. (shrink)

The ‘adjustment strategy’ currently seems to be the most common approach to incorporating objective elements into one's theory of well‐being. These theories face a certain problem, however, which can be avoided by a different approach – namely, that employed by ‘partially objective multi‐component theories.’ Several such theories have recently been proposed, but the question of how to understand their mathematical structure has not been adequately addressed. I argue that the most mathematically simple of these multi‐component theories fails, so I proceed (...) to investigate more sophisticated ways to formulate such a theory. I conclude that one of these – the Discount/Inflation Theory – is particularly promising. (shrink)

Internalism about a person's good is roughly the view that in order for something to intrinsically enhance a person's well-being, that person must be capable of caring about that thing. I argue in this paper that internalism about a person's good should not be believed. Though many philosophers accept the view, Connie Rosati provides the most comprehensive case in favor of it. Her defense of the view consists mainly in offering five independent arguments to think that at least some form (...) of internalism about one's good is true. But I argue that, on closer inspection, not one of these arguments succeeds. The problems don't end there, however. While Rosati offers good reasons to think that what she calls 'two-tier internalism' would be the best way to formulate the intuition behind internalism about one's good, I argue that two-tier internalism is actually false. In particular, the problem is that no substantive theory of well-being is consistent with two-tier internalism. Accordingly, there is reason to think that even the best version of internalism about one's good is in fact false. Thus, I conclude, the prospects for internalism about a person's good do not look promising. (shrink)

This fascinating and thought-provoking book provides much-needed philosophical background for counselors, therapists, and healthcare workers looking for broader, deeper foundations in the struggle to help and make sense of others. While examining the best among 20th century philosophy it shows the wealth of inspiration of earlier centuries, and demonstrates with remarkable clarity the way in which the ideas of, and the relations between, these philosophers can inspire, inform, and underpin much of counseling and psychotherapy.

Epistemologists typically assume that the acquisition of knowledge from testimony is not threatened at the stage at which audiences interpret what proposition a speaker has asserted. Attention is instead typically paid to the epistemic status of a belief formed on the basis of testimony that it is assumed has the same content as the speaker’s assertion. Andrew Peet has pioneered an account of how linguistic context sensitivity can threaten the assumption. His account locates the threat in contexts in which an (...) audience’s evidence under-determines which proposition a speaker is asserting. I argue that Peet’s epistemic uncertainty account of the threat is mistaken and I propose an alternative. The alternative locates the threat in contexts that provide factors that give audiences a mistaken psychological certainty or confidence that a speaker has asserted a proposition she has not. (shrink)

Research suggests that interventions involving extensive training or counterconditioning can reduce implicit prejudice and stereotyping, and even susceptibility to stereotype threat. This research is widely cited as providing an “existence proof” that certain entrenched social attitudes are capable of change, but is summarily dismissed—by philosophers, psychologists, and activists alike—as lacking direct, practical import for the broader struggle against prejudice, discrimination, and inequality. Criticisms of these “debiasing” procedures fall into three categories: concerns about empirical efficacy, about practical feasibility, and about the (...) failure to appreciate the underlying structural-institutional nature of discrimination. I reply to these criticisms of debiasing, and argue that a comprehensive strategy for combating prejudice and discrimination should include a central role for training our biases away. (shrink)

In this article, I aim to clarify how Actual Desire Satisfactionism should accommodate the ways in which desire and time are connected. In particular, I argue that Weak Concurrentism represents the most promising way for the Desire Satisfactionist to capture the temporal nature of desire. I consider the Desire Satisfactionist's other main options, but argue that none succeeds. This leaves Weak Concurrentism looking attractive. However, Weak Concurrentism might also be thought to have some implausible consequences of its own. Nonetheless, I (...) argue that, on closer inspection, these consequences are not implausible at all – at least by the lights of the Desire Satisfactionist. I do not offer a full-blown defence of Weak Concurrentism, but rather aim to defend only a conditional conclusion: in so far as one is committed to Actual Desire Satisfactionism, Weak Concurrentism represents the best way to tackle the problems raised by the temporal nature of desires. (shrink)

Can we trust our intuitive judgments of right and wrong? Are moral judgements objective? What reason do we have to do what is right and avoid doing what is wrong? In Conversations on Ethics, Alex Voorhoeve elicits answers to these questions from eleven outstanding philosophers and social scientists: -/- Ken Binmore; Philippa Foot; Harry Frankfurt; Allan Gibbard; Daniel Kahneman; Frances Kamm; Alasdair MacIntyre; T. M. Scanlon; Peter Singer; David Velleman; Bernard Williams. -/- The exchanges are direct, open, and sharp, (...) and give a clear account of these thinkers' core ideas about ethics. They also provide unique insights into their intellectual development - how they became interested in ethics, and how they conceived the ideas for which they became famous. Conversations on Ethics will engage anyone interested in moral philosophy. (shrink)

This article presents a semantic analysis of indirect speech reports. The analysis aims to explain a combination of two phenomena. First, there are true utterances of sentences of the form α said that φ which are used to report an utterance u of a sentence wherein φ's content is not u's content. This implies that in uttering a single sentence, one can say several things. Second, when the complements of these reports (and indeed, these reports themselves) are placed in conjunctions, (...) the conjunctions are typically infelicitous. I argue that this combination of phenomena can be explained if speech reports report (perhaps contingent) parts of the contents of the sentences reported. (shrink)

American criminal law is committed to some version of the doctrine of double effect. In this paper, I defend a new variant of the agent-centered rationale for a version of DDE that is of particular relevance to the criminal law. In particular, I argue for a non-absolute version of DDE that concerns the relative culpability of intending a bad or wrongful state of affairs as opposed to bringing it about merely knowingly. My aim is to identify a particular feature of (...) the former in virtue of which it is pro tanto more culpable than the latter. Providing an agent-centered argument of this kind for a culpability version of DDE, I argue, is an especially attractive route to take for those who are interested in vindicating the way the criminal law actually encodes DDE. (shrink)

Are women (simply) adult human females? Dictionaries suggest that they are. However, philosophers who have explicitly considered the question invariably answer no. This paper argues that they are wrong. The orthodox view is that the category *woman* is a social category, like the categories *widow* and *police officer*, although exactly what this social category consists in is a matter of considerable disagreement. In any event, orthodoxy has it that *woman* is definitely not a biological category, like the categories *amphibian* or (...) *adult human female*. -/- In the first part, a number of arguments are given for the view that women are adult human females; the second part turns to rebutting the main objections. Finally, a couple of morals are briefly noted: one for activist sloganeering, and one for ameliorative projects that seek to change the meaning of ‘woman’. (shrink)

Treatment of sexual minority youth presents psychologists with a number of challenging ethical considerations. The APA Ethics Code is a valuable resource for addressing these issues, but psychologists require additional guidance in order to provide ethical treatment. This article provides relevant background, an overview of the ethical considerations of treating sexual minority youth, and recommendations to improve upon the current state of awareness and available resources. Psychologists must continually strive to improve our understanding of ethical decisions around treatment, training, and (...) research that will serve to address this vulnerable population's unmet mental health needs. (shrink)

Money isn’t everything, so what is? Many government leaders, social policy theorists, and members of the general public have a ready answer: happiness. This paper examines an opposing view due to Robert Nozick, which centres on his experience-machine thought experiment. Despite the example's influence among philosophers, the argument behind it is riddled with difficulties. Dropping the example allows us to re-version Nozick's argument in a way that makes it far more forceful - and less dependent on people's often divergent intutions (...) about the experience machine. [DOWNLOAD AVAILABLE at oro.open.ac.uk repository, link below]. (shrink)

Hausman and McPherson defend welfare economics by claiming that even if welfare does not consist in preference satisfaction, preferences still provide good, if fallible, evidence of welfare. I argue that this strategy does not yet fully solve the problems for welfare economics stemming from the preference satisfaction theory of welfare. More work is needed to show that our self-interested preferences are sufficiently reliable, or in some other sense our best, evidence of well-being. Thus, my aim is to identify the challenges (...) that remain and clarify what additional work is needed before Hausman and McPherson's defence of welfare economics succeeds. (shrink)

Three arguments for the thesis that sex is socially constructed are examined and rejected. No such argument could succeed, because sex is not socially constructed.

There is a correlation between positions taken on some scientific questions and political leaning. One way to explain this correlation is the cultural cognition hypothesis (CCH): people's political leanings are causing them to process evidence to maintain fixed answers to the questions, rather than to seek the truth. Another way is the different background belief hypothesis (DBBH): people of different political leanings have different background beliefs which rationalize different positions on these scientific questions. In this article, I argue for two (...) things. I argue that two attempts by proponents of the CCH to discredit the DBBH fail. And I argue that this matters, because while the CCH makes epistemic paternalistic interventions seem called for (as some philosophers have argued compellingly), the DBBH does not. The DBBH makes it much easier to stay closer to an ideal of deliberative democracy. (shrink)

In what circumstances is it legitimate to use force? How should force be used? These are two of the most crucial questions confronting world politics today. The Just War tradition provides a set of criteria which political leaders and soldiers use to defend and rationalize war. This book explores the evolution of thinking about just wars and examines its role in shaping contemporary judgements about the use of force, from grand strategic issues of whether states have a right to pre-emptive (...) self-defence, to the minutiae of targeting. Bellamy maps the evolution of the Just War tradition, demonstrating how it arose from a myriad of sub-traditions, including scholasticism, the holy war tradition, chivalry, natural law, positive law, Erasmus and Kant's reformism, and realism from Machiavelli to Morgenthau. He then applies this tradition to a range of contemporary normative dilemmas related to terrorism, pre-emption, aerial bombardment and humanitarian intervention. (shrink)

You know what someone else is thinking and feeling by observing them. But how do you know what you are thinking and feeling? This is the problem of self-knowledge: Alex Byrne tries to solve it. The idea is that you know this not by taking a special kind of look at your own mind, but by an inference from a premise about your environment.

What must linguistic knowledge be like if it is to explain our capacity to use language? All linguists and philosophers of language presuppose some answer to this critical question, but all too often the presupposition is tacit. In this collection of sixteen previously unpublished essays, a distinguished international line-up of philosophers and linguists address a variety of interconnected themes concerning our knowledge of language.

The evolution of the equation of mass conservation in fluid mechanics is studied. Following early hydraulic approximations, and progress by Daniel and Johann Bernoulli, its first expression as a partial differential equation was achieved by d’Alembert, and soon given definitive form by Euler. Later reworkings by Lagrange, Laplace, Poisson and others advanced the subject, but all based their derivations on the conserved mass of a moving fluid particle. Later, Duhamel and Thomson gave a simpler derivation, by considering mass flow into (...) and out of a fixed portion of space. The later propagation of these derivations in nineteenth-century British textbooks and treatises is also examined, including Maxwell’s on the kinetic theory of gases. (shrink)

The criminal law declines to punish merely for bad attitudes that are not properly manifested in action. One might try to explain this on practical grounds, but these attempts do not justify the law’s commitment to never punishing unmanifested mental states in worlds relevantly similar to ours. Instead, a principled explanation is needed. A more promising explanation thus is that one cannot be criminally culpable merely for unmanifested bad attitudes. However, the leading theory of criminal culpability has trouble making good (...) on this claim. This is the theory that an action is criminally culpable to the extent that it manifests insufficient regard for legally protected interests. The trouble is that this theory’s defenders have not adequately explained what it is for an action to manifest insufficient regard. In this paper, I aim to provide the required account of manifestation, thereby rendering the insufficient regard theory more defensible. This, in turn, allows the view to explain the broad range of doctrines that treat unmanifested mental states as irrelevant. The resulting theory of criminal culpability is both descriptively plausible and normatively attractive. Moreover, it highlights the continuity between criminal culpability and moral blameworthiness by showing how the former functions as a stripped-down analogue of the latter. (shrink)

Most contemporary philosophical discussions of intentionality start and end with a treatment of the propositional attitudes. In fact, many theorists hold that all attitudes are propositional attitudes. Our folk-psychological ascriptions suggest, however, that there are non-propositional attitudes: I like Sally, my brother fears snakes, everyone loves my grandmother, and Rush Limbaugh hates Obama. I argue that things are as they appear: there are non-propositional attitudes. More specifically, I argue that there are attitudes that relate individuals to non-propositional objects and do (...) so not in virtue of relating them to propositions. I reach this conclusion by not only showing that attempted analyses of apparently non-propositional attitudes in terms of the propositional fail, but that some non-propositional attitudes don’t even supervene on propositional attitudes. If this is correct, then the common discussions of intentionality that address only propositional attitudes are incomplete and those who hold that all intentional states are propositional are mistaken. (shrink)

Context-sensitive expressions appear ill suited to the purpose of sharing content across contexts. Yet we regularly use them to that end (in regulations, textbooks, memos, guidelines, laws, minutes, etc.). This paper describes the utility of the concept of a metacontext for understanding cross-contextual content-sharing with context-sensitive expressions. A metacontext is the context of a group of contexts: an infrastructure that can channel non-linguistic incentives on content ascription so as to homogenize the content ascribed to context-sensitive expressions in each context in (...) the group. Documents composed of context-sensitive expressions can share content across contexts when supported by an appropriate metacontext. The bible has its church, the textbook its education system, the form its bureaucracy, and the manifesto its social movement. Some metacontexts support cross-contextual content-sharing. Some don’t. A promising research programme (one with practical importance) would take metacontexts as its unit of analysis. (shrink)

Whether causing flash crashes in financial markets, purchasing illegal drugs, or running over pedestrians, AI is increasingly engaging in activity that would be criminal for a natural person, or even an artificial person like a corporation. We argue that criminal law falls short in cases where an AI causes certain types of harm and there are no practically or legally identifiable upstream criminal actors. This Article explores potential solutions to this problem, focusing on holding AI directly criminally liable where it (...) is acting autonomously and irreducibly. Conventional wisdom holds that punishing AI is incongruous with basic criminal law principles such as the capacity for culpability and the requirement of a guilty mind. -/- Drawing on analogies to corporate and strict criminal liability, as well as familiar imputation principles, we show how a coherent theoretical case can be constructed for AI punishment. AI punishment could result in general deterrence and expressive benefits, and it need not run afoul of negative limitations such as punishing in excess of culpability. Ultimately, however, punishing AI is not justified, because it might entail significant costs and it would certainly require radical legal changes. Modest changes to existing criminal laws that target persons, together with potentially expanded civil liability, are a better solution to AI crime. (shrink)

This article introduces the main conceptual and normative questions about willful ignorance. The first section asks what willful ignorance is, while the second section asks why—and how much—it merits moral or legal condemnation. My approach is to critically examine the criminal law's view of willful ignorance. Doing so not only reveals the range of positions one might take about the phenomenon but also sheds light on foundational questions about the nature of culpability and the relation between law and morality.

The 'content view', in slogan form, is 'Perceptual experiences have representational content'. I explain why the content view should be reformulated to remove any reference to 'experiences'. I then argue, against Bill Brewer, Charles Travis and others, that the content view is true. One corollary of the discussion is that the content of perception is relatively thin (confined, in the visual case, to roughly the output of 'mid-level' vision). Finally, I argue (briefly) that the opponents of the content view are (...) partially vindicated, because perceptual error is due to false belief. (shrink)

Origens : Alex Atala, Fernando e Humberto Campana -- Presente : Fernando e Humberto Campana e Jum Nakao -- Intermezzo : convívio : Jam Nakao e colaboradores -- Destinos : Alex Atala e Jum Nakao -- Entrevistas -- Um pouco de história.

Using a combination of semantic theory and findings from conversation analysis, this paper describes a way in which questions, which incorporate presuppositions that are false, when used in a courtroom cross-examination wherein there are certain turn-taking rules, rights and restrictions, stop a rape victim from expressing the content that she wants to express in that context. This kind of silencing contrasts with other kinds of silencing that consist in the disabling of a speech act's force, rather than precluding the expression (...) of certain contents. -/- Content Note: there are explicit descriptions of sexual violence in this paper. (shrink)

Should we understand implicit attitudes on the model of belief? I argue that implicit attitudes are (probably) members of a different psychological kind altogether, because they seem to be insensitive to the logical form of an agent’s thoughts and perceptions. A state is sensitive to logical form only if it is sensitive to the logical constituents of the content of other states (e.g., operators like negation and conditional). I explain sensitivity to logical form and argue that it is a necessary (...) condition for belief. I appeal to two areas of research that seem to show that implicit attitudes fail spectacularly to satisfy this condition—although persistent gaps in the empirical literature leave matters inconclusive. I sketch an alternative account, according to which implicit attitudes are sensitive merely to spatiotemporal relations in thought and perception, i.e., the spatial and temporal orders in which people think, see, or hear things. (shrink)

This book investigates context-sensitivity in natural language by examining the meaning and use of a target class of theoretically recalcitrant expressions. These expressions-including epistemic vocabulary, normative and evaluative vocabulary, and vague language -exhibit systematic differences from paradigm context-sensitive expressions in their discourse dynamics and embedding properties. Many researchers have responded by rethinking the nature of linguistic meaning and communication. Drawing on general insights about the role of context in interpretation and collaborative action, Silk develops an improved contextualist theory of CR-expressions (...) within the classical truth-conditional paradigm: Discourse Contextualism. The aim of Discourse Contextualism is to derive the distinctive linguistic behavior of a CR-expression from a particular contextualist interpretation of an independently motivated formal semantics, along with general principles of interpretation and conversation. It is shown how in using CR-expressions, speakers can exploit their mutual grammatical and world knowledge, and general pragmatic reasoning skills, to coordinate their attitudes and negotiate about how the context should evolve. The book focuses primarily on developing a Discourse Contextualist semantics and pragmatics for epistemic modals. The Discourse Contextualist framework is also applied to other categories of epistemic vocabulary, normative and evaluative vocabulary, and vague adjectives. The similarities/differences among these expressions, and among context-sensitive expressions more generally, have been underexplored. The development of Discourse Contextualism in this book sheds light on general features of meaning and communication, and the variety of ways in which context affects and is affected by uses of language. Discourse Contextualism provides a fruitful framework for theorizing about various broader issues in philosophy, linguistics, and cognitive science. (shrink)

Would suppressing deepfakes violate freedom of expression norms? The question is pressing because the deepfake phenomenon in its more poisonous manifestations appears to call for a response, and automated targeting of some kind looks to be the most practically viable. Two simple answers are rejected: that deepfakes do not deserve protection under freedom of expression legislation because they are fake by definition; and that deepfakes can be targeted if but only if they are misleadingly presented as authentic. To make progress, (...) following a discussion of why freedom of expression deserves protection in a democracy, the question is reframed. At issue is not whether the arrival of deepfakes brings new and potentially serious dangers (it does), nor whether these dangers call for measures that potentially limit freedom of expression (they do), but whether the need for such measures raises any new and unfamiliar freedom-of-expression challenges. The answer to that question, surprisingly, is no. The balancing act needed to cope with the arrival of deepfakes brings plenty of difficulties, certainly, but none of the measures likely to be effective in tackling deepfake harms raises freedom-of-expression concerns that aren’t familiar from consideration of non-deepfake harms. In that respect, at least, the arrival of deepfakes makes no difference. (shrink)