In the 2020 Yale Law Journal article, “Commonsense Consent,” Roseanna Sommers argues that deception is compatible with the layperson’s intuitive sense of consent. That is, unlike the canonical understanding of consent defended by legal scholars and philosophers, the notion of consent defended by the folk is not invalidated by deception. In this study, I find that while respondents do appear to attribute consent to victims of deception, they do so in a limited number of contexts – i.e., they attribute de (...) re consent to victims of de dicto deception and attribute de dicto consent to victims of de re deception. When the two varieties of consent and deception are properly disambiguated and matched type for type however, we see the reverse phenomenon – i.e., participants refrain from attributing de dicto consent to de dicto deception and refrain from attributing de re consent to de re deception. If this is right, rather than saying, as Sommers does, that deception generally fails to invalidate commonsense consent, we should refine our understanding of commonsense consent to include two varieties of consent, each of which is in fact invalidated by its own variety of deception. (shrink)

This paper is about the relevance of attitude-ascriptions to debates about singular thought. It examines a methodology (common to early acquaintance theorists [Kaplan 1968] and recent critics of acquaintance [Hawthorne and Manley 2012], which assumes that the behaviour of ascriptions can be used to draw conclusions about singular thought. Although many theorists (e.g. [Recanati 2012]) reject this methodology, the literature lacks a detailed examination of its implications and the challenges faced by proponents and critics. I isolate an assumption of the (...) methodology, which I call the tracking assumption: that an attitude-ascription which states that s Φ's that P is true iff s has an attitude, of Φ-ing, which is an entertaining of the content P (with entertain used in a stipulated sense). I argue that the tracking assumption must be rejected, not because it has deflationary consequences, but because it leads to unstable commitments. I also show that there are independent reasons to reject it, because ordinary attitude ascriptions underdetermine even the truth-conditions of the mental-states they ascribe. However, I argue, this does not involve rejecting the claim that attitude-ascriptions express relations between agents and contents. Instead, they state different relations depending on contextual factors other than the nature of the mental-states ascribed. (shrink)

It has become popular of late to identify the phenomenon of thinking a singular thought with that of thinking with a mental file. Proponents of the mental files conception of singular thought claim that one thinks a singular thought about an object o iff one employs a mental file to think about o. I argue that this is false by arguing that there are what I call descriptive mental files, so some file-based thought is not singular thought. Descriptive mental files (...) are mental files for which descriptive information plays four roles: determines which object the file is about, if any, it sets limits on possible mistakes that fall within the scope of successful reference for the file, it acts as a ‘gatekeeper’ for the file, and it determines persistence conditions for the file. Contrary to popular assumption, a description playing these roles is consistent with the file-theoretic framework. Recognising this allows us to distinguish the notion of singular thought from that of file-thinking and better understand the nature and role of both. (shrink)