What is a right? What, if anything, makes rights different from other features of the normative world, such as duties, standards, rules, or principles? Do all rights serve some ultimate purpose? In addition to raising these questions, philosophers and jurists have long been aware that different senses of ‘a right’ abound. To help make sense of this diversity, and to address the above questions, they developed two types of accounts of rights: models and theories. This book explicates rights modelling and (...) theorising and scrutinises their methodological underpinnings. It then challenges this framework by showing why the theories ought to be abandoned. In addition to exploring structural concerns, the book also addresses the various ways that rights can be used. It clarifies important differences between rights exercise, enforcement, remedying, and vindication, and identifies forms of legal rights-claiming and rights-invoking outside of institutional contexts. (shrink)

Many philosophers of science follow Hempel in embracing both substantive and methodological anti-psychologism regarding the study of explanation. The former thesis denies that explanations are constituted by psychological events, and the latter denies that psychological research can contribute much to the philosophical investigation of the nature of explanation. Substantive anti-psychologism is commonly defended by citing cases, such as hyper-complex descriptions or vast computer simulations, which are reputedly generally agreed to constitute explanations but which defy human comprehension and, as a result, (...) fail to engender any relevant psychological events. It is commonly held that the truth of the substantive thesis would lend support to the methodological thesis. However, the standard argument for the substantive thesis presumes that philosophers’ own judgments about the aforementioned cases issues from mastery of the lay or scientific norms regarding the use of ‘explanation.’ Here we challenge this presumption with a series of experiments indicating that both lay and scientific populations require of explanations that they actually render their targets intelligible. This research not only undermines a standard line of argument for substantive anti-psychologism, it demonstrates the utility of psychological research methods for answering meta-questions about the norms regarding the use of ‘explanation.’. (shrink)

Extensive discussions of practical wisdom are relatively rare in the philosophical literature these days. This is strange given the theoretical and practical importance of wisdom and, indeed, the etymology of the word "philosophy." In this paper, we remedy this inattention by proposing a methodology for developing a theory of wisdom and using this methodology to outline a viable theory. The methodology we favor is a version of wide reflective equilibrium. We begin with psychological research on folk intuitions about wisdom, which (...) helps us to avoid problems caused by reliance on the possibly idiosyncratic intuitions of professional philosophers. The folk theory is then elaborated in light of theoretical desiderata and further empirical research on human cognitive capacities. The resulting view emphasizes policies that the wise person adopts in order to cope with the many obstacles to making good choices. (shrink)

Philosophers working in the nascent field of ‘experimental philosophy’ have begun using methods borrowed from psychology to collect data about folk intuitions concerning debates ranging from action theory to ethics to epistemology. In this paper we present the results of our attempts to apply this approach to the free will debate, in which philosophers on opposing sides claim that their view best accounts for and accords with folk intuitions. After discussing the motivation for such research, we describe our methodology of (...) surveying people’s prephilosophical judgments about the freedom and responsibility of agents in deterministic scenarios. In two studies, we found that a majority of participants judged that such agents act of their own free will and are morally responsible for their actions. We then discuss the philosophical implications of our results as well as various difficulties inherent in such research. (shrink)

It is commonly held that our intuitive judgements about imaginary problem cases are justified a priori, if and when they are justified at all. In this paper I defend this view — ‘rationalism’ — against a recent objection by Timothy Williamson. I argue that his objection fails on multiple grounds, but the reasons why it fails are instructive. Williamson argues from a claim about the semantics of intuitive judgements, to a claim about their psychological underpinnings, to the denial of rationalism. (...) I argue that the psychological claim — that a capacity for mental simulation explains our intuitive judgements — does not, even if true, provide reasons to reject rationalism. (More generally, a simulation hypothesis, about any category of judgements, is very limited in its epistemological implications: it is pitched at a level of explanation that is insensitive to central epistemic distinctions.) I also argue that Williamson’s semantic claim — that intuitive judgements are judgements of counterfactuals — is mistaken; rather, I propose, they are a certain kind of metaphysical possibility judgement. Several other competing proposals are also examined and criticized. (shrink)

For three decades the writings of Jaegwon Kim have had a major influence in philosophy of mind and in metaphysics. Sixteen of his philosophical papers, together with several new postscripts, are collected in Kim [1993]. The publication of this collection prompts the present essay. After some preliminary remarks in the opening section, in Section 2 I will briefly describe Kim's philosophical 'big picture' about the relation between the mental and the physical. In Section 3 I will situate Kim's approach on (...) the larger philosophical landscape, vis-à-vis various other approaches frequently discussed in contemporary philosophy of mind. This comparative discussion will further illuminate Kim's own position, and also will serve as groundwork for subsequent discussion. In Section 4 I will point out certain persistent internal tensions in Kim's philosophical position on the mind--body problem, tensions that emerge especially clearly against the backdrop of Section 3's comparative discussion of Kim's position relative to various competing positions. In the remainder of the paper I will focus on two issues at the heart of his position, with particular attention to what he says about them in some of the more recent papers and the postscripts in Kim [1993]. First, how should a materialist understand the notion that the mental is 'determined' by the physical? More specifically, what role, if any, should be played by the concept of supervenience in explicating this kind of determination relation? Kim's views on this matter have recently changed, and I will discuss the issue with particular attention to his own latest remarks on it. This is the business of Section 5. Second, need a viable materialism assert that mentalistic psychology is reducible to neurobiology (and ultimately to physics)? More specifically, should a materialist insist on reducibility, despite the currently influential line of argument used by non-reductive materialists, the 'multiple realization' argument? On this matter too, Kim's views have changed somewhat; again, I will discuss the issue with particular attention to his recent thinking. This is the business of Section 6. (shrink)

How should the metaphysical hypothesis of materialism be formulated? What strategies look promising for defending this hypothesis? How good are the prospects for its successful defense, especially in light of the infamous "hard problem" of phenomenal consciousness? I will say something about each of these questions.

The hypothesis of the mental state-causation of behavior asserts that the behaviors we classify as actions are caused by certain mental states. A principal reason often given for trying to secure the truth of the MSC hypothesis is that doing so is allegedly required to vindicate our belief in our own agency. I argue that the project of vindicating agency needs to be seriously reconceived, as does the relation between this project and the MSC hypothesis. Vindication requires addressing what I (...) call the agent-exclusion problem: the prima facie incompatibility between the intentional content of agentive experience and certain metaphysical hypotheses often espoused in philosophy. (shrink)

Non-descriptivists in metaethics should say more about intuitions. For one popular theory has it that case-based intuitions are in the business of correctly categorizing or classifying merely by bringing to bear a semantic or conceptual competence. If so, then the fact that all normative predicates have case-based intuitions involving them shows that they too are in the business of categorizing or classifying things. This favors a descriptivist position in metaethics—normative predicates have descriptive content—and disfavors a purely non-descriptivist position, like pure (...) expressivism. However, we can say more. We can distinguish two different sorts of intuitional state, A-grade intuitions and B-grade intuitions, based on a cluster of properties that are distinctive of each. While a hypothesis about categorization best explains the cluster of properties enjoyed by A-grade intuitions, it does not best explain the cluster of properties enjoyed by B-grade intuitions. Indeed, a non-categorizational, attitude-expressive hypothesis about the relevant meanings best explains B-grade intuitions. And intuitions involving thin normative predicates are B-grade. So intuition theory supports non-descriptivism, not descriptivism, about thin normative predicates. (shrink)

In 1955, Goodman set out to 'dissolve' the problem of induction, that is, to argue that the old problem of induction is a mere pseudoproblem not worthy of serious philosophical attention. I will argue that, under naturalistic views of the reflective equilibrium method, it cannot provide a basis for a dissolution of the problem of induction. This is because naturalized reflective equilibrium is -- in a way to be explained -- itself an inductive method, and thus renders Goodman's dissolution viciously (...) circular. This paper, then, examines how the old problem of induction crept back in while nobody was looking. (shrink)

The basic aim of Alvin Goldman’s approach to epistemology, and the tradition it represents, is naturalistic; that is, epistemological theories in this tradition aim to identify the naturalistic, nonnormative criteria on which justified belief supervenes (Goldman, 1986; Markie, 1997). The basic method of Goldman’s epistemology, and the tradition it represents, is the reflective equilibrium test; that is, epistemological theories in this tradition are tested against our intuitions about cases of justified and unjustified belief (Goldman, 1986; Markie, 1997). I will argue (...) that the prospect of having to reject their standard methodology is one epistemologists have to take very seriously; and I will do this by arguing that some current rival theories of epistemic justification are in fact in reflective equilibrium with our intuitions about cases of justified and unjustified belief. That is, I will argue that intuition underdetermines theory choice in epistemology, in much the way that observation underdetermines theory choices in empirical sciences. If reflective equilibrium leads to the underdetermination problem I say it leads to, then it cannot satisfy the aims of contemporary epistemology, and so cannot serve as its standard methodology. (shrink)

Cognitive science has been beset for thirty years by foundational disputes about the nature and extension of cognition—e.g. whether cognition is necessarily representational, whether cognitive processes extend outside the brain or body, and whether plants or microbes have them. Whereas previous philosophical work aimed to settle these disputes, I aim to understand what conception of cognition scientists could share given that they disagree so fundamentally. To this end, I develop a number of variations on traditional conceptual explication, and defend a (...) novel explication of cognition called the sensitive management hypothesis. -/- Since expert judgments about the extension of “cognition” vary so much, I argue that there is value in explication that accurately models the variance in judgments rather than taking sides or treating that variance as noise. I say of explications that accomplish this that they are ecumenically extensionally adequate. Thus, rather than adjudicating whether, say, plants can have cognitive processes like humans, an ecumenically adequate explication should classify these cases differently: human cognitive processes as paradigmatically cognitive, and plant processes as controversially cognitive. -/- I achieve ecumenical adequacy by articulating conceptual explications with parameters, or terms that can be assigned a number of distinct interpretations based on the background commitments of participants in a discourse. For example, an explication might require that cognition cause “behavior,” and imply that plant processes are cognitive or not depending on whether anything plants do can be considered “behavior.” Parameterization provides a unified treatment of embattled concepts by isolating topics of disagreement in a small number of parameters. -/- I incorporate these innovations into an account on which cognition is the “sensitive management of organismal behavior.” The sensitive management hypothesis is ecumenically extensionally adequate, accurately classifying a broad variety of cases as paradigmatically or controversially cognitive phenomena. I also describe an extremely permissive version of the sensitive management hypothesis, arguing that it has the potential to explain several features of cognitive scientific discourse, including various facts about the way cognitive scientists ascribe representations to cognitive systems. (shrink)

It is commonly held that there are two obstacles to precisely formulating the doctrine of physicalism: Hempel’s Problem, and Hume’s Problem.² Hempel’s Problem is that if physicalism is to be formulated in terms of physics—or in terms of any science, for the problem is fully general if it is a problem at all—whether to use the current or future science. If physicalism is formulated in terms of current physics, then it is most likely false because current physics is at least (...) very likely to be false and is perhaps known to be incomplete or inconsistent. If physicalism is formulated in terms of future physics, then (the worry goes) physicalism will prove to be trivial, vacuous, or simply of indeterminate content. Horgan offers no direct guidance on Hempel’s Problem, though he seems to adopt a future-physics view.³. (shrink)

I argue for three central theses: ‘intuition’ is ambiguous, in material object metaphysics ‘intuition’ refers to pre-theoretical beliefs, and these pre-theoretical beliefs are generated by an innate physical reasoning system. I begin by outlining the relevant background discussions on the nature of intuitions and their role in philosophy to motivate the need for a more careful investigation of the meaning of ‘intuition’ and the role of intuitions in specific sub-disciplines of philosophy. In chapters one and two I argue that ‘intuition’ (...) is ambiguous between an inflationary and deflationary sense. In the inflationary sense, ‘intuition’ refers to a priori intellectual seemings with a special phenomenology, conceptual etiology, and modal content. In the deflationary sense, ‘intuition’ refers to beliefs or inclinations to believe. In chapter three I specifically examine the use of intuitions in material object metaphysics and conclude that in this sub-community ‘intuition’ is used in the deflationary sense to refer to pre-theoretical beliefs. Drawing from research on infant cognition, in the final chapter I argue that intuitions regarding material object metaphysics are those judgments that arise from an innate physical reasoning system. Based on this empirical observation, I argue that metaphysicians ought to give preference to abstract intuitions over intuitions regarding concrete cases because these abstract intuitions reflect the innate structure of our physical reasoning mechanisms. (shrink)