Longtermists have recently argued that it is overwhelmingly important to do what we can to mitigate existential risks to humanity. I consider three mistakes that are often made in calculating the value of existential risk mitigation. I show how correcting these mistakes pushes the value of existential risk mitigation substantially below leading estimates, potentially low enough to threaten the normative case for existential risk mitigation. I use this discussion to draw four positive lessons for the study of existential risk. -/- (...) . (shrink)

Category mistakes are sentences such as 'Green ideas sleep furiously' or 'Saturday is in bed'. They strike us as highly infelicitous but it is hard to explain precisely why this is so. Ofra Magidor explores four approaches to category mistakes in philosophy of language and linguistics, and develops and defends an original, presuppositional account.

A critique of Elizabeth Anscombe's distinction between mistake in performance and mistake of judgement, as it appears in her monograph Intention.

This chapter focuses on one of the common fallacies in Western philosophy, 'legalistic mistake'. The use of “legal‐like” terms abounds outside the legal domain. But sometimes the users of these terms commit the fallacy Joel Feinberg called the legalistic mistake. On widening the use of such legal‐like terms, we must be cautious, for we might find ourselves guilty of making inferential mistakes or even proffering pure nonsense. The error, according to Feinberg, is committed by “one who, in stating (...) a moral question using a legal‐like term, uncritically imports the precision of that term in its strict legal sense, while excluding appeal to the kinds of criteria which alone can decide its use”. In “On Being 'Morally Speaking a Murderer’” Feinberg introduced the idea that, sometimes, using legal notions outside legal contexts may lead to a peculiar kind of fallacy he called the legalistic mistake. (shrink)

Category mistakes are sentences such as ‘Colourless green ideas sleep furiously’ or ‘The theory of relativity is eating breakfast’. Such sentences are highly anomalous, and this has led a large number of linguists and philosophers to conclude that they are meaningless (call this ‘the meaninglessness view’). In this paper I argue that the meaninglessness view is incorrect and category mistakes are meaningful. I provide four arguments against the meaninglessness view: in Sect. 2, an argument concerning compositionality with respect to category (...) mistakes; in Sect. 3 an argument concerning synonymy facts of category mistakes; in Sect. 4 concerning embeddings of category mistakes in propositional attitude ascriptions; and in Sect. 5 concerning the uses of category mistakes in metaphors. Having presented these arguments, in Sect. 6 I briefly discuss some of the positive motivations for accepting the meaninglessness view and argue that they are unconvincing. I conclude that the meaninglessness view ought to be rejected. (shrink)

Ever since the publication of Kripke’s Wittgenstein on Rules and Private Language, there’s been a raging debate in philosophy of language over whether meaning and thought are, in some sense, normative. Most participants in the normativity wars seem to agree that some uses of meaningful expressions are semantically correct while disagreeing over whether this entails anything normative. But what is it to say that a use of an expression is semantically correct? On the so-called orthodox construal, it is to say (...) that it doesn’t result in a factual mistake, that is, in saying or thinking something false. On an alternative construal it is instead to say that it doesn’t result in a distinctively linguistic mistake, that is, in misusing the expression. It is natural to think that these two construals of semantic correctness are simply about different things and not in competition with each other. However, this is not the common view. Instead, several philosophers who subscribe to the orthodox construal have argued that the alternative construal of correctness as use in accordance with meaning doesn’t make any sense, partly because there are no clear cases of linguistic mistakes (Whiting 2016, Wikforss 2001). In this paper I develop and defend the idea that there’s a distinctively linguistic notion of correctness as use in accordance with meaning and argue that there are clear cases of linguistic mistakes. (shrink)

This paper examines two mistakes regarding David Lewis’ Principal Principle that have appeared in the recent literature. These particular mistakes are worth looking at for several reasons: The thoughts that lead to these mistakes are natural ones, the principles that result from these mistakes are untenable, and these mistakes have led to significant misconceptions regarding the role of admissibility and time. After correcting these mistakes, the paper discusses the correct roles of time and admissibility. With these results in hand, the (...) paper concludes by showing that one way of formulating the chance–credence relation has a distinct advantage over its rivals. (shrink)

There are two ways interpreters have tended to understand the nature of the laws of Kant’s pure general logic. On the first, these laws are unconditional norms for how we ought to think, and will govern anything that counts as thinking. On the second, these laws are formal criteria for being a thought, and violating them makes a putative thought not a thought. These traditions are in tension, in so far as the first depends on the possibility of thoughts that (...) violate these laws, and the second makes violation impossible. In this essay I develop an interpretation of Kant’s pure general logic that overcomes this tension. It accounts for the possibility of logical mistakes, as the first tradition does, while still establishing the absolute impossibility of logical aliens, as the second tradition does. I then argue that the formalist insight that illogical exercises of the understanding are not alternative ways coherent thoughts could have been, but are mere confusions, is fundamental for achieving a proper understanding of the absolute normativity of the laws of pure general logic. (shrink)

This paper is an analysis of the concept "Mistake in Performance," a phrase first coined by Miss Elizabeth Anscombe in her monograph On Intention. The author shows that examples of a mistake in performance are nothing but cases of ordinary mistakes of judgment. The only difference between the two is that in cases of mistake in performance the agent acts on the basis of an erroneous judgment, that is, he fails to do what he intended to do.

Category mistakes are sentences such as ”The number two is blue’ or ”Green ideas sleep furiously’. Such sentences are highly infelicitous and thus a prominent view claims that they are meaningless. Category mistakes are also highly prevalent in figurative language. That is to say, it is very common for sentences which are used figuratively to be such that, if taken literally, they would constitute category mistakes. In this paper I argue that the view that category mistakes are meaningless is inconsistent (...) with many central and otherwise plausible theories of figurative language. Thus if the meaninglessness view is correct, the theories in question must each be rejected, and conversely, if any of the theories in question is correct, the meaninglessness view must be wrong. The debates concerning the semantics of figurative language and concerning the semantic status of category mistakes are closely connected. (shrink)

This chapter focuses on one of the common fallacies in Western philosophy called 'proximate causation'. One commits this variety of causal fallacy when one mistakes the relevance of proximate causation. One mistakes the relevance of proximate causation when one thinks the fact that something is a proximate cause makes it irrelevant to the story of how the event in question happened. Mistaking the relevance of proximate causation can also “go the other way”. That is, one can overinflate the importance of (...) something being a proximate cause. This is often done by those looking to avoid responsibility for their actions. Matters of causation are never simple. And sometimes whether something is a proximate cause is relevant to the issue at hand. But we must be careful to make sure that we do not mistake its relevance. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather than (...) simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

A regulative norm for permissible defense distinguishes the conditions under which we will hold defenders to be innocent of any wrongdoing from those in which we hold them responsible for assault or manslaughter. The norm must strike a fair balance between defenders' security, on the one hand, and other agents’ legitimate claim to live without fear of suffering mistaken defensive harm, on the other. Since agents must make defensive decisions under high pressure and on only partial information, they will sometimes (...) make mistakes. We have reason to want a norm that considers a mistake permissible when it was highly likely on the evidence that defense was proportionate and necessary to avert a threat. However, adopting an evidentialist norm under non-ideal conditions is treacherous business. I briefly survey empirical data suggesting that the type and extent of bias prevalent in the US renders a straightforward evidentialist norm unjust, and thus since the legal practice in the US relies on such a norm, we must explore avenues for reform. Preferably this will take the form of adopting a modified evidential norm, and I explore some promising options. If this proves impossible, however, then we have to accept a strict regulative norm (which does not consider any mistakes permissible), as the sole just alternative. (shrink)

“Opt-out” organ procurement policies based on presumed consent are typically advertised as being superior to “opt-in” policies based on explicit consent at securing organs for transplantation. However, Michael Gill has argued that presumed consent policies are also better than opt-in policies at respecting patient autonomy. According to Gill’s Fewer Mistakes Argument, we ought to implement the procurement policy that results in the fewest frustrated wishes regarding organ donation. Given that the majority of Americans wish to donate their organs, it is (...) plausible that a presumed consent policy would result in fewer frustrated wishes compared to the current opt-in policy. It follows that we ought to implement a policy of presumed consent. In this paper, I first consider and find wanting an objection to the Fewer Mistakes Argument developed recently by Douglas MacKay. I also consider an objection put forth by James Taylor but argue that there is a methodological reason to prefer my own argument to Taylor’s. Finally, I argue for two theses: first, that Gill’s major argument in favor of the crucial premise of the Fewer Mistakes Argument is flawed, and second, that the major premise of the Fewer Mistakes Argument is false. (shrink)

Occurrences of sentences that are traditionally considered category mistakes, such as 'The red number is divisible by three', tend to elicit a sense of oddness in assessors. In attempting to explain this oddness, existing accounts in the philosophical literature commonly claim that occurrences of such sentences are associated with a defect or phenomenology unique to the class of category mistakes. It might be thought that recent work in experimental psycholinguistics—in particular, the recording of event-related brain potentials (patterns of voltage variation (...) in the brain)—holds the potential to shed new light on this debate. I review the relevant experimental results, before arguing that they present advocates of accounts of category mistakes with a dilemma: either the uniqueness claims should be rejected, or the experimental technique in question cannot be used to test existing accounts of category mistakes in the manner that philosophers might hope. (shrink)

John McDowell; X—Identity Mistakes: Plato and the Logical Atomists, Proceedings of the Aristotelian Society, Volume 70, Issue 1, 1 June 1970, Pages 181–196, htt.

Maher (1992b) advances an objection to dynamic Dutch-book arguments, partly inspired by the discussion in Levi (1987; in particular by Levi's case 2, p. 204). Informally, the objection is that the decision maker will "see the dutch book coming" and consequently refuse to bet, thus escaping the Dutch book. Maher makes this explicit by modeling the decision maker's choices as a sequential decision problem. On this basis he claims that there is a mistake in dynamic coherence arguments. There is (...) really no formal mistake in classical dynamic coherence arguments, but the discussions in Maher and Levi do suggest interesting ways in which the definition of dynamic coherence might be strengthened. Such a strengthened "sequentialized" notion of dynamic coherence is explored here. It so happens that even on the strengthened standards for a Dutch book, the classic dynamic coherence argument for conditioning still goes through. (shrink)

This article identifies two mistakes commonly made about the concept of punishment. First, confusion exists about when an analysis of punishment counts as retributive, and when as justificatorily n...

A suggestion famously made by Peter Winch and carried through to present discussions holds that what constitutes the social as a kind consists of something shared – rules or practices commonly learned, internalized, or otherwise acquired by all members belonging to a society. This essays argues against the explanatory efficacy of appeals to this shared something as constitutive of a social kind by examining a violation of social norms or rules, viz., mistakes. I argue that an asymmetric relation exists between (...) the notion of mistakes and that of the social. In particular, mistakes do not presuppose a concept of the social, but the concept of the social requires prior specification of a category of mistakes. But no such prior specification proves possible. The very notion of a mistake is so inchoate that it makes it impossible to provide the kind of regimentation required for a rule-governed domain. Thus, there may be recognized mistakes even in the absence of a unified system or common knowledge of norms.Later writers attempt to avoid Winch's over-strong assumption that something shared and internal constitutes the social but cannot. Extending recent work by Stephen Turner, I argue that ``the social'' is not a domain that is susceptible to lawlike treatment, but rather a heterogeneous, motley collection. For absent the assumption of a shared something, no social object exists to be explained. So, I conclude, we have at present no clear way of marking out the social as a coherent or unified domain of inquiry. (shrink)

We present the details of a methodology for quality assurance in large medical terminologies and describe three algorithms that can help terminology developers and users to identify potential mistakes. The methodology is based in part on linguistic criteria and in part on logical and ontological principles governing sound classifications. We conclude by outlining the results of applying the methodology in the form of a taxonomy different types of errors and potential errors detected in SNOMED-CT.

This paper discusses mistakes that occur in improvised musical performance. I first develop a couple of distinctions that are useful to understand the varied nature of such mistakes. Particularly, I think that it is important to distinguish mistakes that depend upon formal features of the music, and mistakes that are such in virtue of a failure of the performer’s intentions. Within this latter category, I argue that it is useful to distinguish between two different layers of performance intentions. Subsequently, I (...) discuss the idea that, in improvised performance, mistakes are not merely tolerated but are, in some sense, valuable, showing how the distinction I develop can shed some light on these issues. (shrink)

Whether we understand it descriptively or normatively, the slogan that ignorance of the law is no excuse is false. Our legal system sometimes excuses those who are ignorant of the law on those grounds and should. Still, the slogan contains a grain of truth; mistakes of law excuse less readily than mistakes of fact, and ought to. This paper explains the asymmetry by identifying a principle of excuse of the form “If defendant D has a false belief that p and (...) _____, then D is excused”, which has the following feature: it is true frequently when p is a non-legal proposition, but it is false often when p is a proposition about the law. Under this principle of excuse, mistakes excuse by showing the agent to have acceptable commitments for recognizing, weighing, and responding to reasons. Many mistakes of fact show this; they show that the agent’s deliberation led to objectionable action because of faulty inputs and not to fault in the deliberation itself. Mistakes of law, by contrast, frequently indicate that the agent has faulty commitments when it comes to legal reasons; they therefore do not provide excuse under the proposed principle of excuse. It is argued that this explanation of the asymmetry between mistakes of fact and law takes us a great distance towards explaining the relevance of mental state to responsibility, an issue of great importance to moral philosophy. (shrink)

Most contemporary theories of action maintain that there are basic actions. A basic action is something that one does intentionally without doing anything else intentionally as means to that end. Most contemporary theories of action also maintain that there are non-basic actions that are mistakes in performance, where a mistake in performance is a case of mucking up what one meant to do, without the failure being the result of prevention or abnormal interference. But most contemporary theories of action (...) deny that there are basic mistakes in performance: stretches of activity that would be basic actions were they to succeed, but are in fact mistakes in performance. I argue that we have reason to think that there are basic mistakes in performance, and if there are, then we must give up a key commitment common to much contemporary action theory. The commitment is that every particular imperfect expression of the will is grounded in some particular perfect expression of the will. Giving up this commitment has important metaphysical consequences for how we think of the will as a power of agency, and implies that causal deviance perhaps isn’t the main problem that causal theorists of action ought to worry about. (shrink)

In Regina v. Murray, (2000, Ont S.Ct.J.) the learned trial judge, Justice Gravely, errs in his interpretation and application of the law of mens rea in the offense of willfully attempting to obstruct justice under section 139(2) of the Criminal Code of Canada. In view of his findings of fact and law, including the determination that the accused knowingly and intentionally committed the actus reus of the offense and the absence of any suggestion that he lacked awareness of any relevant (...) facts, there is no question in law but that Kenneth Murray was liable to be, and actually should have been, convicted. Nonetheless, the trial judge concluded that Murray’s alleged belief, that his actions were required by his duty to his client, raised a reasonable doubt about his intention to obstruct justice and entitled him to be acquitted. -/- In his reasons for judgment, the trial judge analyzes mens rea as if there is a “color of right” defense to the offense of obstruction of justice. In law, however, no such defense exists to this offense. Consequently, even if Mr. Murray did “honestly believe” that he had a duty to his client not to disclose the existence of the video tapes, that belief could not provide him with an exculpatory defence. In Canada, pursuant to common law and section 19 of the Criminal Code, mistakes of law do not excuse accused persons from responsibility for criminal conduct in the absence of a statutory exception. No exception exists for the offense of obstruction of justice. Yet the Crown did not choose to appeal and thereby signaled its acceptance of the legal analysis adopted by the trial judge. By contrast, if the analysis proposed in this piece had been adopted, the Crown should have prevailed at trial and, if unsuccessful at trial, would have had a right of appeal on a question of law. -/- At least two tendencies converge as significant influences shaping the outcome in the Murray case. The central tendency, discussed in Part I of this article, is the trial judge’s treatment of the accused’s alleged mistake about his legal duty as if it were a mistake about a question of fact which therefore could give rise to a reasonable doubt about intention or culpable awareness. This approach to mistaken beliefs ignores the distinction between mistakes of law and mistakes of fact, and then characterizes all mistakes as mistakes of fact. Unfortunately, this is not uncommon in the case law. In recent years however, as explained below, the judiciary has rejected that approach in a number of leading cases and ruled that mistakes which are actually mistakes about the meaning, scope, or application of the law are subject to the general rule and do not provide an accused with an exculpatory defense. The relationship between mistake of law and mens rea in Canadian criminal law has also been the subject of critical scholarly comment in Canada in recent years. The Murray decision provides evidence that, despite clarification by the Supreme Court, in some lower courts the unrefined approach to mistaken belief continues to shape the legal analysis of criminal culpability, even when the mistaken belief is overtly a belief about the law. This will not change until the proper characterization of mistaken beliefs as legal or factual becomes a deliberate and common-place aspect of case analysis at the trial court level. -/- The other tendency, discussed in Part III of this article, is one that often appears as a companion to the first - the judicial tendency to perceive and invoke analytical legal ambiguity in favour of accuseds more readily in cases in which the impugned conduct involves the discretionary exercise of authority which, when used appropriately, is fully legitimate and essential to the normal functioning of the existing socio-legal order. Of course, courts are strongly influenced by the arguments put to them by counsel. And counsel, acting on behalf of client groups with particular group interests may, consciously or unconsciously, favour the development of those lines of analysis which are protective of that interest or associated institutional interests. One of the reasons for scrutinizing the Murray case is that it provides a concrete context for discussion of those issues in relation to an actual decision made by Crown prosecutors. The case provides an occasion to examine a specific example of the exercise of prosecutorial discretion, its implications for the administration of criminal justice, and its broader potential impact on the public interest. [See also errata in UNBLJ 2002 volume 52 at pp 309-310.]. (shrink)

In a recent contribution to this journal, Arjaliès (J Bus Ethics 92:57—78, 2010) suggests that the emergence of socially responsible investment (SRI) in France can be best described as a social movement with a collective identity that aimed to challenge the dominant logic of the financial market. Such an account is at odds with a body of empirical studies that approaches SRI in the French context as a process of market creation led by loosely coordinated actors with contradictory and conflicting (...) interests and values, who have mainly complied with—rather than opposed—the existing dominant financial logic of the asset-management field. In this comment, we build on this prior research to contest Arjaliès' perspective on both theoretical and empirical grounds, with the aim of highlighting the shortcomings of conflating social movements and other forms of collective actions in understanding the building of new markets in organization theory and SRI studies. We contend that in mistaking for social movement forms of collective actions that underpin the emergence of markets, scholars of organization theory may confuse distinct mechanisms in their explanation of SRI emergence across countries, overlook the complex dynamics and interactions of markets and social movements, and, most importantly, fail to evaluate the real political significance of SRI as an empirical phenomenon. We propose that future research on SRI distinguishes carefully "social-movement research as a theoretical framework" from "social movement as an empirical phenomenon" in order to avoid such drawbacks while benefiting from recent advances in social-movement research. (shrink)

The final chapter of Elgin’s defends the claim that some mistakes mark significant epistemic achievements. Here, I extend Elgin’s analysis of the informativeness of mistakes for epistemic policing. I also examine the type of theory of competence that Elgin’s view requires, and suggest some directions in which this can be taken.

David Lewis's influential work on the epistemology and metaphysics of objective chance has convinced many philosophers of the central importance of the following two claims: First, it is a serious cost of reductionist positions about chance (such as that occupied by Lewis) that they are, apparently, forced to modify the Principal Principle--the central principle relating objective chance to rational subjective probability--in order to avoid contradiction. Second, it is a perhaps more serious cost of the rival non-reductionist position that, unlike reductionism, (...) it can give no coherent explanation for why the Principal Principle should hold. I argue that both of these claims are fundamentally mistaken. (shrink)

The issue of what distinguishes systems which have original intentionalityfrom those which do not has been brought into sharp focus by Saul Kripke inhis discussion of the sceptical paradox he attributes to Wittgenstein.In this paper I defend a sophisticated version of the dispositionalistaccount of meaning against the principal objection raised by Kripke in hisattack on dispositional views. I argue that the objection put by the sceptic,to the effect that the dispositionalist cannot give a satisfactory account ofnormativity and mistake, in (...) fact comprises a number of distinct lines ofargument, all of which can be satisfactorily answered by the dispositionalist. (shrink)

Aesthetic attraction and artful execution of the object, careful design and seemingly blatant falsification by the creator, voluntarily accepted counterfeit imitation and celebration of a melancholy-filled illusion – these, and many other, often contradictory, particularities can describe one of the most complex aesthetic phenomena, that of fake ruins. Questions of perfection and mistake, accurate planning and permissive randomness, genuineness and authenticity – or the convincing justification of aesthetic experience despite the complete lack of them – profound references to the (...) nature of decay, the transience of all human creation and nostalgia can all be found around this object of art. In this article I analyse the fakeness of fake ruins with regard to the multiple consequences that this type of fake can contribute to the better understanding of both their aesthetics and the concept of mistake. (shrink)

It is a matter of contention whether or not a general explanatory framework for the biological sciences would be of scientific value, or whether it is even achievable. In this paper we suggest that both are the case, and we outline proposals for a framework capable of generating new scientific questions. Starting with one clear characteristic of biological systems – that they all have the potential to make mistakes - we aim to describe the nature of this potential and the (...) common processes that lie behind it. Given that under most circumstances biological systems function effectively, an examination of different kinds of mistake-making provides pointers to mechanisms that must exist to make failure uncommon. This in turn informs a framework for systematic enquiry, which in this paper we apply to the haemostatic system, but which we believe could be applied to any system across biology. (shrink)

The issue of what distinguishes systems which have original intentionalityfrom those which do not has been brought into sharp focus by Saul Kripke inhis discussion of the sceptical paradox he attributes to Wittgenstein.In this paper I defend a sophisticated version of the dispositionalistaccount of meaning against the principal objection raised by Kripke in hisattack on dispositional views. I argue that the objection put by the sceptic,to the effect that the dispositionalist cannot give a satisfactory account ofnormativity and mistake, in (...) fact comprises a number of distinct lines ofargument, all of which can be satisfactorily answered by the dispositionalist.Two central problems raised by the sceptic consist in explaining (1) theextension of the term which a subject uses, and (2) the fact that the subjectintends to use the term with that extension, and is thus justified in her use.I adapt a suggestion of Blackburn's, that the extension of a word is fixed bya person's extended first-order dispositions to use it, and suggest that thereis no coherent possibility of a subject being disposed to makesystematic mistakes in connection with many ordinary words; the scepticalproblem does not apply in the same way throughout language. It is furtherargued that an account which appeals to a subject's second-orderdispositions to maintain a consistent pattern of extended first-orderdispositions to use words is able to provide a naturalistic basis to answerthe normative questions about justification of use. Three other variants ofthe mistake objection which are also revealed by a careful examination ofKripke's arguments are distinguished and it is shown that the dispositionalisthas adequate resources to meet them.The appeal to second-order dispositions provides a principled way ofdistinguishing between those systems (animal or machine) which have originalintentionality, and those which do not. (shrink)

When does a defendant not deserve punishment because he is unaware that his conduct breaches a penal statute? Retributivists must radically rethink their answer to this question to do justice to our moral intuitions. I suggest that modest progress on this topic can be made by modeling our approach to ignorance of law on our familiar approach to ignorance of fact. We need to distinguish different levels of culpability in given mistakes and to differentiate what such mistakes may be about. (...) I discuss the advantages and disadvantages of this approach with special attention to how to contrast offenses from defenses. The alternative I tend to favor probably should not be implemented in existing penal codes. As a result, we are likely to remain dissatisfied with the decisions made by our criminal justice system about the exculpatory effect of ignorance of law. (shrink)

It is a commonplace to hold that faultless mistakes of fact justify--or, at least, excuse--an agent's actions. Less prominent, however, is the view that faultless mistakes about morality similarly come to bear on our attributions of moral blameworthiness. My aim in this dissertation is to defend what I call the symmetry thesis: faultless mistakes of morality excuse just as do faultless mistakes of fact. Opposition to this thesis, I think, falls out of an incorrect understanding of the way in which (...) faultless mistakes of fact come to bear on our attributions of moral responsibility. Accordingly, much of the dissertation is composed of an analysis of the excusing force of faultless mistakes of fact. ;Chapter 1 argues that faultless mistakes of fact are appropriately deemed excused, not justified, by morality and the law. Chapter 2 develops a challenge to what I call the traditional analysis of the excusing force of mistakes. This view holds that an agent's faultless mistake is excusing if, and only if, the mistake undermines, displaces, or, as they say in the criminal law, "negatives" the agent's subjective culpability. I suggest that concerns about voluntariness, not subjective culpability, are in order. Chapter 3 develops an account of voluntariness. I argue that an agent's actions are voluntary enough for an attribution of responsibility only if he did what he is accused of doing because this is something he was willing to do --only if, that is, what he did conforms to his will. Chapter 4 then applies this account of the excusing force of faultless mistakes of fact to cases of faultless mistakes of morality. I conclude that an agent is morally blameworthy for his actions only if he believes that what he is doing is wrong, it is true that what he is doing is wrong, and his reasons for so believing properly identify the features of his actions that make them wrong. (shrink)

Organisms and other biological entities are mistake-prone: they get things wrong. The entities of pure physics, such as atoms and inorganic molecules, do not make mistakes: they do what they do according to physical law, with no room for error except on the part of the physicist or their theory. We set out a novel framework for understanding biology and its demarcation from physics – that of mistake-making. We distinguish biological mistakes from mere failures. We then propose a (...) rigorous definition of mistakes that, although invoking the concept of function, is compatible with various views about what functions are. The definition of mistake-making is agential, since mistakes do not just happen ¬– at least in the sense analysed here – but are made. This requires, then, a notion of biological agency which we set out as a definition of the Minimal Biological Agent. The paper then considers a series of objections to the theory presented here, along with our replies. Two key features of our theory of mistakes are, first, that it is a supplement to, not a replacement for, existing general frameworks within which biology is understood and practised. Secondly, it is designed to be experimentally productive. Hence we end with a series of case studies where mistake theory can be shown to be useful in the potential generation of research questions and novel hypotheses of interest to the working biologist. (shrink)

The Institute of Medicine (IOM) published To Err is Human: Building a Safer Health System in November 1999. The report focused public attention on the errors that occur within the medical system that cause death and harm to patients. It outlined a series of changes for health care that are aimed at reducing these errors by 50 percent over the next five years. This paper examines the problem of medical mistakes historically. It documents how legal, scientific, and medical trends during (...) the years 1890Ð1934 intersected to effect the reporting of mistakes in the subspecialty of neurosurgery. At the start of this time frame, mistakes were reported openly in journal articles as an educational tool. By its end, however, mistakes had gone ÒundergroundÓ and were buried amid a more objective, scientific reporting system. Using this historical perspective as a baseline, the paper concludes by re-examining the IOMÕs suggestions for change and comments on what they mean for the culture of medicine. (shrink)

Philosophical accounts of moral responsibility are standardly framed by two platitudes. According to them, blame requires the presence of a moral defect in the agent and the absence of excuses. In this chapter, this kind of approach is challenged. It is argued that (a) people sometimes violate moral norms due to performance mistakes, (b) it often appears reasonable to hold them responsible for it, and (c) their mistakes cannot be traced to their moral qualities or to the presence of excuses. (...) In the end, the implications for discussions of moral responsibility are discussed. (shrink)

Is it possible to show that a moral claim is mistaken without taking a moral stand with regard to it? A striking number of contemporary metaethicists suppose that it is. In this paper, I argue against a prominent line of support for this supposition. My goal is to cast suspicion on a general tendency to think that the epistemic standing of moral claims is something that can be assessed from outside the practices of making and critically evaluating moral judgements. I (...) do this by focusing on a widely accepted criterion of competence with regard to the use of moral concepts, the moral supervenience criterion (MSC). This criterion holds that someone who judges two acts or events to be morally different without thinking that he has to identify some non-particular non-moral difference between them simply doesn't understand what it is to make a moral judgement. I focus on a paradigmatic example of the sort of mistake in moral judgement that is supposed to support the MSC and argue that it provides no support whatsoever. I then offer my own alternative explanation of this sort of mistake in moral judgement. I conclude with a discussion of why advocates of the MSC are inclined to suppose that it is possible to assess the epistemic standing of a moral claim without oneself taking a moral stand with regard to it. (shrink)

In her paper ‘Cosmetic surgery and conscientious objection’, Minerva rightly identifies cosmetic surgery as an interesting test case for the question of conscientious objection in medicine. Her treatment of this important subject, however, seems problematic. It is argued that Minerva's suggestion that a doctor has a prima facie duty to satisfy patient preferences even against his better clinical judgment, which we call Patient Preference Absolutism, must be regarded with scepticism. This is because it overlooks an important distinction regarding autonomy's meaning (...) and place in clinical practice, and it makes obsolete the important concepts of expert clinical judgment and beneficence. Finally, we discuss two ideas which emerge from consideration of cosmetic surgery in relation to conscientious objection. These are the possible analogy between clinical judgment and conscientious objection, and the possible role the goals of medicine can play in defining the scope of conscientious objection. (shrink)

How often our actions go awry because our perceptions are at odds with reality! This book examines the legal issues that arise when we seek to avoid the untoward consequences of an action by claiming that our perception was flawed. We all make mistakes. Some have unfortunate consequences: we might overpay a debt or make an unfavourable contract, or we might be sued or accused of a crime as a result of our mistake. Claims to alleviation on the grounds (...) of mistake are likely to arise wherever the law prescribes a state of mind as a prerequisite for the application of a legal rule. This book asks when the fact that a person made a mistake should entitle them to alleviation. This may involve the intention to enter into a contract or a payment, in which case a person could seek its reversal, or it might involve the intent to commit a tort or crime, in which case they could seek forgiveness for the offence. Farnsworth defines 'alleviating' mistakes as those which entitle a person to relief from untoward consequences of their mistake.There is no general 'law of mistake', and despite their similarities, few discussions of mistake in one setting pause to consider mistakes in other contexts. The goals of fields as disparate as contracts and criminal law are very different: how do these differences affect the treatment of mistakes? Farnsworth sets out a new taxonomy of mistakes. His analysis reveals that over the past century, there has been a remarkable increase in the receptivity of courts and scholars to claims for both reversal and forgiveness- a waxing of alleviating mistakes. (shrink)

This article presents arguments and evidence that run counter to the widespread assumption among scholars that humans are intuitive Cartesian substance dualists. With regard to afterlife beliefs, the hypothesis of Cartesian substance dualism as the intuitive folk position fails to have the explanatory power with which its proponents endow it. It is argued that the embedded corollary assumptions of the intuitive Cartesian substance dualist position (that the mind and body are diff erent substances, that the mind and soul are intensionally (...) identical, and that the mind is the sole source of identity) are not compatible with cultural representations such as mythologies, funerary rites, iconography and doctrine as well as empirical evidence concerning intuitive folk reasoning about the mind and body concerning the afterlife. Finally, the article suggests an alternative and more parsimonious explanation for understanding intuitive folk representations of the afterlife. (shrink)