Criminologists have long acknowledged the link between a number of cognitive deficits, including low intelligence and impulsivity, and crime. A new wave of research has demonstrated that pharmacological intervention can restore or improve cognitive function, particularly executive function, and restore neural plasticity. Such restoration and improvement can allow for easier acquisition of new skills and as a result, presents significant possibilities for the criminal justice system. For example, studies have shown that supplements of Omega-3, a fatty acid commonly found in (...) food such as tuna, can decrease frequency of violent incidents in an incarcerated population. Research has also begun to explore the use of selective serotonin reuptake inhibitors to reduce impulsivity in some violent offenders. However, there are significant legal and ethical implications when moving from dietary supplements to prescription pharmaceuticals and medical devices for cognitive intervention. This paper will explore the legal and ethical issues surrounding the use of pharmacological intervention on prisoners as an effort to reduce crime and recidivism. (shrink)

Experimental research suggests that people draw a moral distinction between bad outcomes brought about as a means versus a side effect (or byproduct). Such findings have informed multiple psychological and philosophical debates about moral cognition, including its computational structure, its sensitivity to the famous Doctrine of Double Effect, its reliability, and its status as a universal and innate mental module akin to universal grammar. But some studies have failed to replicate the means/byproduct effect especially in the absence of other factors, (...) such as personal contact. So we aimed to determine how robust the means/byproduct effect is by conducting a meta-analysis of both published and unpublished studies (k = 101; 24,058 participants). We found that while there is an overall small difference between moral judgments of means and byproducts (standardized mean difference = 0.87, 95% CI 0.67 – 1.06; standardized mean change = 0.57, 95% CI 0.44 – 0.69; log odds ratio = 1.59, 95% CI 1.15 – 2.02), the mean effect size is primarily moderated by whether the outcome is brought about by personal contact, which typically involves the use of personal force. (shrink)

In Born Free and Equal: A Philosophical Inquiry into the Nature of Discrimination, Kasper Lippert-Rasmussen defends the harm-based account of the wrongness of discrimination, which explains the wrongness of discrimination with reference to the harmfulness of discriminatory acts. Against this view, we offer two objections. The conditions objection states that the harm-based account implausibly fails to recognize that harmless discrimination can be wrong. The explanation objection states that the harm-based account fails adequately to identify all of the wrong-making properties of (...) discriminatory acts. We argue that the structure of a satisfactory view cannot be outcome-focused. A more promising family of views focuses on the deliberation of the discriminator and in particular on the reasons that motivate or fail to motivate her action. (shrink)

This book makes available five classic studies of the organisation of behaviour in face-to-face interaction. It includes Adam Kendon's well-known study of gaze-direction in interaction, his study of greetings, of the interactional functions of facial expression and of the spatial organisation of naturally occurring interaction, as recorded by means of film or videotape. They represent some of the best work undertaken within the 'natural history' tradition of interaction studies, as originally formulated in the work of Bateson, Birdwhistell and Goffman. (...) Chapter 2, written especially for this new book, provides an historical and theoretical discussion of this tradition, and a new final chapter takes up the theme of the organisation of attention in interaction. The introduction provides details of the circumstances of how each paper came to be written. Each of the papers reprinted is accompanied by a short postscript, placing the work in the context of more recent research. Several of the papers presented in this volume, although widely referred to, have long been difficult to obtain. Their republication will be warmly welcomed by all students and teachers who are concerned with face-to-face interaction. (shrink)

In a recent paper, Selim Berker develops an abductive argument against practical reasons for belief that exploits an alleged difference between epistemic and practical reasons. According to Berker, epistemic reasons for belief balance to suspension. If I have equally strong epistemic reasons to believe and disbelieve some proposition, I lack sufficient reason either to believe or disbelieve it. Rather, I have decisive reason to suspend judgment. In contrast, practical reasons balance to permission. If I have equally strong practical reasons to (...) φ or ψ, I have sufficient reason to do either. Given this difference, Berker argues that defenders of practical reasons for belief cannot offer a plausible explanation of how practical and epistemic reasons interact in order to yield all-things-considered normative verdicts. In this essay, I defend a non-interactionist “pure” form of pragmatism against Berker’s objection. I outline a pure pragmatist theory, recapitulate why Berker thinks it also falls prey to his objection, and explain why the objection fails to undermine pure pragmatism. Finally, I consider an additional reason Berker’s argument might seem persuasive and show that it depends on conflating Berker’s objection and a separate challenge to pure pragmatism. Once these distinct challenges are disambiguated, it is easier to see why Berker’s objection is not a significant concern for pure pragmatists. (shrink)

Texts and contexts: premodern dissemination and transmission -- The image and function of the Kuzari in the late Middle Ages -- The Kuzari in Renaissance Italy -- Judah Moscato's project and the making of an authoritative work -- The image and function of the Kuzari in early modern Europe -- The creation of an Enlightenment Kuzari -- Continuity and change in the nineteenth century -- Conclusion: The emergence of late modern dichotomies.

A central task of comparative constitutional law scholarship is categorization and classification of constitutions. Recent scholarship, no doubt informed by the populist tide, has sought to develop the concept of a mixed constitution. Broadly speaking, a mixed constitution is a constitution that integrates liberal and illiberal elements, elements that are usually separate and not found under the same constitution. The study of “mixed constitutions” encompasses both descriptive and normative aspects. First, an attempt to ascertain what, exactly, makes a constitution “mixed.” (...) Second, an attempt to analyze either the desirability of such a system or an attempt to figure out how to harness mixed constitutions in the service of particular normative goals, for example the protection of human rights. This article has two goals. First, an inquiry into the descriptive aspect of mixed constitutions. My aim is to show that given the seeming consensus of what constitutes a mixed constitution, the category itself might encompass many more constitutions than is often acknowledged, to the point that many constitutions are likely to be mixed to a certain extent. My second goal is to demonstrate that given this definitional consensus, what makes a constitution mixed is not necessarily because the constitution itself is mixed, but because sub-constitutional norms shape our constitutional understanding. Put differently, the meaning of a constitution is not determined exclusively through an analysis of the constitution, but also by shifts in sub-constitutional understandings. If this is correct, then it turns out that the universe of mixed constitutions is much larger than thought, which casts doubt on the utility of the category of mixed constitutions. (shrink)

Tom Kelly argues that instrumentalist accounts of epistemic rationality fail because what a person has reason to believe does not depend upon the content of his or her goals. However, his argument fails to distinguish questions about what the evidence supports from questions about what a person ought to believe. Once these are distinguished, the instrumentalist can avoid Kelly’s objections. The paper concludes by sketching what I take to be the most defensible version of the instrumentalist view.

I consider Glimcher's claim to have given an account of mental functioning that is at once neurological and decision-theoretical. I am skeptical, but remark on some good ideas of Glimcher's.

I argue that on an understanding of imagination that relates it to an individual's environment rather than her mental contents imagination is essential to emotion, and brings together affective, cognitive, and representational aspects to emotion. My examples focus on morally important emotions, especially retrospective emotions such as shame, guilt, and remorse, which require that one imagine points of view on one's own actions. PUBLISHER'S BLURB: Recent years have seen an enormous amount of philosophical research into the emotions and the imagination, (...) but as yet little work has been done to connect the two. In his engaging and highly original new book, Adam Morton shows that all emotions require some form of imagination and goes on to fully explore the link between these two important concepts both within philosophy and in everyday life. We may take it for granted that complex emotions, such as hope and resentment, require a rich thinking and an engagement with the imagination, but Morton shows how more basic and responsive emotions such as fear and anger also require us to take account of possibilities and opportunities beyond the immediate situation. Interweaving a powerful tapestry of subtle argument with vivid detail, the book highlights that many emotions, more than we tend to suppose, require us to imagine a situation from a particular point of view and that this in itself can be the source of further emotional feeling. Morton goes on to demonstrate the important role that emotions play in our moral lives, throwing light on emotions such as self-respect, disapproval, and remorse, and the price we pay for having them. He explores the intricate nature of moral emotions and the challenges we face when integrating our thinking on morality and the emotions. This compelling and thought-provoking new book challenges many assumptions about the nature of emotion and imagination and will appeal to anyone seeking a deeper understanding of the role that these concepts play in our lives. The book also has far reaching implications that will spark debate amongst scholars and students for some time to come. (shrink)

I develop a new argument against Russellian Monism about consciousness.

A familiar point in the literature on the epistemology of disagreement is that in the face of disagreement with a recognised epistemic peer the epistemically virtuous agent should adopt a stance of intellectual humility. That is, the virtuous agent should take a conciliatory stance and reduce her commitment to the proposition under dispute. In this paper, we ask the question of how such intellectual humility would manifest itself in a corresponding peer disagreement regarding knowledge-how. We argue that while it is (...) relatively straightforward to recast this debate in terms of a reductive intellectualist account of knowledge-how, whereby knowledge-how just is a matter of having a particular propositional attitude, the issue becomes more complex once we turn to anti-intellectualist positions. On these views, after all, such a disagreement won’t be just a matter of disagreeing about the truth of a proposition. Accordingly, to the extent that some kind of conciliation is plausibly required of the virtuous agent in the face of a recognised peer disagreement, this conciliation will not consist simply in belief revision. We propose a novel way to address this problem. We claim that what is required of the epistemically virtuous agent when confronted with peer disagreement regarding knowing how to φ is that thereafter she should be disposed to employ her way of φ-ing across a narrower range of practical circumstances than beforehand. Moreover, just as an agent needs to call on her intellectual virtues in order to determine the extent of conciliation required in an ordinary case of epistemic peer disagreement, so the intellectual virtues will play an important role in determining this shift in dispositions to φ that occurs as regards epistemic peer disagreement about knowledge-how. (shrink)

In this chapter, Pautz raises a puzzle about spatial experience for phenomenal internalists like Ned Block. If an accidental, lifelong brain-in-the-void (BIV) should have all the same experiences as you, it would have an experience as of items having various shapes, and be able to acquire concepts of those shapes, despite being cut off from real things with the shapes. Internalists cannot explain this by saying that BIV is presented with Peacocke-style visual field regions having various shapes, because these would (...) have to be non-physical sense data. They might instead explain this by saying that BIV “phenomenally represents” various shape properties. But since BIV lacks any interesting physical relations to shapes, this would imply that phenomenally representation is an irreducible relation. (shrink)

In the first instance, IIT is formulated as a theory of the physical basis of the 'degree' or ‘level’ or ‘amount’ of consciousness in a system. I raise a series of questions about the central explanatory target, the 'degree' or ‘level’ or ‘amount’ of consciousness. I suggest it is not at all clear what scientists and philosophers are talking about when they talk about consciousness as gradable. This point is developed in more detail in my paper "What Is the Integrated (...) Information Theory of Consciousness?"Journal of Consciousness Studies 26 (1-2):1-2 (2019) . (shrink)

This article discusses the desirability and feasibility of modeling precedents with multiple interpretations within factor-based models of precedential constraint. The main idea is that allowing multiple reasonable interpretations of cases and modeling precedential constraint as a function of what all reasonable interpretations compel may be advantageous. The article explains the potential benefits of extending the models in this way with a focus on incorporating a theory of vertical precedent in U.S. federal appellate courts. It also considers the costs of extending (...) the models in this way, such as the significant increase in the functional size of the case base and the need to provide some kind of ordering on interpretations to select a “best” interpretation. Finally, the article suggests partially incorporating multiple interpretations of dimensions as a realistic starting point for incorporating interpretations generally, and shows how doing so can help address difficulties with dimensions. The conclusion remarks on the use of interpretations to deal with inconsistent precedents. (shrink)

In his 2015 book, Valuing Health, the philosopher, Daniel Hausman, in referring to experienced utility maximization, touches on the question of whether people accept, and ought to accept, the assumption of health maximization vis-à-vis their own lives. This essay introduces Hausman’s arguments on experienced utility, before outlining the intellectual catalyst for the renewed interest in the maximization of experienced utility as an appropriate ethical rule; namely, the literature that arose in the 1990s that demonstrated that due to the so-called gestalt (...) characteristics, an individual’s retrospective and prospective assessments of an event—i.e. the remembered and decision utilities associated with that event—often systematically differ from the utility that he/she experiences or can reasonably expect to experience during the same event. The essay then touches upon some of the implications that this debate has on assuming that the maximization of quality-adjusted life years is the best way to judge the relative worth of different health profiles. To conclude, it is argued that, although contextual, it is sometimes important to consider in the policy discourse the apparent effects of the gestalt characteristics on remembered and decision utility. (shrink)

The most apparent obstacles to a just, enlightened and peaceful social world are also, according to Kant, nature’s way of compelling us to realize those and other morally good ends. Echoing Adam Smith’s idea of the ‘invisible hand’, Kant thinks that selfishness, rivalry, quarrelsomeness, vanity, jealousy and self-conceit, along with the oppressive social inequalities they tend to produce, drive us to perfect our talents, develop culture, approach enlightenment and, through the strife and instability caused by our unsocial sociability, push (...) us towards justice, political equality and the highest good. What are we to make of these arguments, which seem to rely on questionable empirical assumptions, invoke dubious claims about natural teleology and sit uncomfortably with fundamental aspects of Kant’s ethical framework? I suggest that the arguments reveal one of Kant’s deep and important insights about the moral life by partially describing what a good and virtuous person reasonably hopes for. (shrink)

This is a reply to Luke Roelof's comments (2017) on my paper "A Dilemma for Russellian Monists about Consciousness" (2015). On both Russellian monism and dualism, experiences are distinct from neural-functional states and they are correlated with some neural-functional states and not others. The only difference between them concerns the status of the extra-logical principles linking experiences with their neural-functional correlates (e. g. increasing S1 firing rates results in increasing pain): Russellian monists hold that they are a priori and necessary, (...) while dualists say that they are a posteriori and contingent. How are we to decide between them? Roelofs suggests that Russellian monism is simpler than dualism. I argue against this. Both face the "T-shirt problem": both require a swarm of extra-logical principles linking brain states with experiences. The Russellian monist might engage in some unbridled speculation: they are somehow derivable from small set of more basic extra-logical principles ("principles of combination"), even if we cannot supply the details. But the dualist can do the same. The only difference is that the dualist will speculate that those more basic principles are contingent rather than necessary a priori. Given our limited evidence, there is no reason (and in particular no simplicity-based reason) to prefer the Russellian monist's speculations to the dualist's parallel speculations. (shrink)

Proponents of strict rule-based theories of judicial reasoning in common-law systems have offered a number of criticisms of analogical alternatives. I explain these criticisms and show that at best they apply equally well to rule-based theories. Further, I show how the analogical theories explain a feature of judicial common-law reasoningthat rule-based theories ignore. Finally, I show that reason-based, analogical theories of common-law judicial reasoning, such as those offered by John Horty and Grant Lamond, offer especially strong rejoinders to the rule-theorist (...) objections and persuasive accounts of distinguishing. (shrink)

review of Laden's *Reasoning: a social picture* praising the aim and expressing puzzlement at the details,.

Research Articles Adam Mossoff, Social Philosophy and Policy, FirstView Article.

This article explores the significance of authenticity for debates about the ethics of enhancement. According to the view defended here, what lies at the heart of authenticity is a disdain for phoniness or fakery – two notions which essentially concern the way we present ourselves to others and, in turn, the way we are viewed by those others. Being authentic thus requires that we not pretend to be something or someone we are not or otherwise represent ourselves falsely to the (...) outside world. As far as authenticity is concerned, then, the primary ethical challenge to the use of enhancements is to those uses that are hidden or unacknowledged – instances in which individuals represent themselves as having achieved or become something without technological assistance when, in fact, the converse is true. One is not undermining one's authentic self when one uses technology to accomplish a particular goal or undergoes some procedure to alter oneself, even quite radically. Rather, one is only being inauthentic to the degree that one passes off oneself and one's achievements as something they are not. (shrink)

I discuss Bermudez' minimalist approach to self-consciousness approvingly, connecting it with other positions in philosophy and trying to separate it from ideas about non-conceptual content.

Given his hostility to intensional locutions, it is not surprising that Quine was suspicious of the subjunctive conditional. Although he admitted its usefulness as a heuristic device, in order to introduce dispositional terms, he held that it had no place in a finished scientific theory. In this paper I argue in support of something like Quine’s position. Many contemporary philosophers are unreflectively realist about subjunctives, regarding them as having objective truth values. I contest this. “Moderate realist” theorists, such as Lewis (...) and Stalnaker, admit that subjunctives are context-relative and often indeterminate; I argue, using some examples from the contemporary literature on conditionals, that these features are deeper and more widespread than they think. “Ultra-realist” theories, which deny any indeterminacy, are not credible. Hence subjunctives are unsuitable for certain purposes, in particular the description of mind-independent reality. (shrink)

In this paper I discuss the role of non-humans in Aquinas’ account of moral learning. I intend to show that the entire created order can play an important role in demonstrating to us the life of virtue, and argue that non-human exemplars offer important advantages to the moral learner. I begin by addressing apparent problems with this approach, founded on the observation that human virtue, for Aquinas, is unique to humans. I resolve these by showing that Aquinas’ approach to exemplars (...) is fundamentally analogical, meaning that exemplars point beyond themselves and need not necessarily live the good life to which they direct learners. I show that this means that Aquinas can use non-humans as moral exemplars and offer examples of him doing just that. Finally, I offer an assessment of the benefits of this approach. Among other things, it offers ethicists new ways to focus on particular virtues and provides a plausible way to include non-humans in the moral realm. (shrink)

In these essays, we are concerned with virtue in journalism and the media but are mindful of the tension between the commercial foundations of publishing and broadcasting, on the one hand, and journalism's democratic obligations on the other. Adam outlines, first, a moral vision of journalism focusing on individualistic concepts of authorship and craft. Next, Craft attempts to bridge individual and organizational concerns by examining the obligations of organizations to the individuals working within them. Finally, Cohen discusses the importance (...) of resisting the powerful corporate logic that pervades the news media in the United States and calls on journalists to be courageous. (shrink)

"Fans largely regard sports as an escapist pursuit-something that provides distraction from the cares and concerns of "real life". This book pushes back against the fully escapist account of sports fandom and argues that we understand the value of fandom in terms of the ability of sports to prompt fans to reflect meaningfully on the notion of the good life. Even if we are not engaged in high-level athletics ourselves, it is possible to learn a great deal from those who (...) are: about what sacrifices are required to achieve our goals; about how to persevere through failure and disappointment; and about teamwork and the rewards of accomplishing things together. Moreover, partisan fandom, which has been criticized from various quarters, can teach us valuable lessons about love and what it means to be invested in things over which we have no control. If our reflection on the efforts of individual athletes helps us reflect on our own pursuit of the good life, our attachments to teams can help us to cultivate a certain kind of humility and openness to all that life has to offer. The Ethics of Sports Fandom is an accessible resource for researchers and students interested in the ethics and philosophy of sport that offers an analysis of several different aspects of contemporary fandom: fantasy sports, the ways that fans interact with athletes on social media, violent sports, women's sports, and the support for our countries' national teams. In all these areas, reflecting on what it means to respect athletes as individual human beings engaged in their own pursuit of the good life requires that fans consider their sports-related behavior in a new light"--. (shrink)

In a recent article in Argumentation, O’Keefe (Argumentation 21:151–163, 2007) observed that the well-known ‘framing effects’ in the social psychological literature on persuasion are akin to traditional fallacies of argumentation and reasoning and could be exploited for persuasive success in a way that conflicts with principles of responsible advocacy. Positively framed messages (“if you take aspirin, your heart will be more healthy”) differ in persuasive effect from negative frames (“if you do not take aspirin, your heart will be less healthy”), (...) despite containing ‘equivalent’ content. This poses a potential problem, because people might be unduly (and unsuspectingly) influenced by mere presentational differences. By drawing on recent cognitive psychological work on framing effects in choice and decision making paradigms, however, we show that establishing whether two arguments are substantively equivalent—and hence, whether there is any normative requirement for them to be equally persuasive—is a difficult task. Even arguments that are logically equivalent may not be information equivalent. The normative implications of this for both speakers and listeners are discussed. (shrink)

The problem of translation confronts every English, or French-language reader of Geschlecht III, from its title page on, by way of Derrida’s decision not to translate the German noun Geschlecht. In this paper, I explore the stakes of Derrida’s refusal to translate, by situating it within the context of the 1984–5 seminar, ‘Philosophical Nationality and Nationalism’, from which the text of Geschlecht III was taken. I show that the question of translation is already at the heart of that seminar, which (...) concerns the place of the idiom in philosophy, and why approaching the difficulty posed by the untranslatability of a term like Geschlecht might be the very objective of Derrida’s reading of Heidegger on Trakl. (shrink)

This is the first English translation of Leon Chwistek’s “Tragedia werbalnej metafizyki,” Kwartalnik Filozoficzny, Vol. X, 1932, 46–76. Chwistek offers a scathing critique of Roman Ingarden’s Das literarische Kunstwerk and of the entire Phenomenology movement. The text also contains many hints at Chwistek’s own philosophical and formal ideas. The book that Chwistek reviews attracted wide attention and was instrumental in winning Ingarden a position as Professor of Philosophy at the University of Lwów in 1933. Chwistek’s alienation from his fellow logicians (...) of the Lvov-Warsaw school is clear from his ridicule of Leśniewski’s project. (shrink)

This paper examines the relationship between monadic and bipolar forms of normativity. As the distinction is usually drawn, monadic normativity concerns whether a given action is right or wrong while bipolar normativity concerns who, if anyone, is wronged in any putative instance of wrongdoing. My central thesis is that in the moral realm, we do well to discard the notion of monadic normativity altogether and focus instead on the contours and limits of bipolar normativity. For by placing greater weight on (...) the significance of wronging particular others, as opposed to simply doing something wrong, we get a more compelling picture of the distinctive importance of morality and its relationship to other norms that govern our lives. (shrink)

It can sound absurd to report that you have forgotten a moral truth. Described cases in which people who have lost moral beliefs exhibit the behavioural and phenomenological symptoms of forgetting can seem similarly absurd. I examine these phenomena, and evaluate a range of hypotheses that might be offered to explain them. These include the following proposals: that it is hard to forget moral truths because they are believed on the basis of intuition; that moral forgetting seems puzzling for the (...) same reason that forgetting what you approve or disapprove of seems puzzling; and that moral truths matter too much to us to be easily forgotten. I conclude that the best explanation for the phenomena is a non-cognitivist one: moral forgetting seems puzzling because moral judgements are attitudes of a sort that cannot be lost through forgetting. (shrink)

Two challenges have lately been posed to the importance of sincerity for our public discourse. On the one hand, it has been suggested that because sincerity is so difficult to identify, a preoccupation with the inner lives of others distracts us from the substance of what people say. On the other hand, some worry that making sincere statements can sometimes undermine the very deliberation that advocates of sincerity are so concerned to protect. In light of these challenges, I attempt to (...) analyze our interest in sincerity in terms of a concern for solidarity with our fellow citizens. I then argue that focusing on the sincerity of various assertions is not a good way to promote social cohesion and that this concern is better addressed by looking at the commitment that others have to the process of democratic deliberation. (shrink)

Modern empirical psychology, as a reductionist, materialist, and positivist science, has to a great extent replaced philosophical psychology – or more precisely philosophical anthropology– in our contemporary world, and this has caused modern psychology to lose sight of what was most interesting in pre-modern psychology, namely the attempt to situate the human person in his experience of reality in the lifeworld (lebenswelt). This has resulted in the practice of psychology becoming detached from the realities of lived experience as its view (...) of human nature becomes increasingly narrow, rigid and scientistic. This is evidenced by the current “replication crisis” in modern psychology, which has severely impacted the credibility of modern psychology as a field of enquiry. This crisis arose with an increasing methodological standardisation that is being pursued at the expense of interrogating the scientistic presuppositions that ground the study of modern psychology. (shrink)