The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the (...) ruling: (1) is grounded on sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations.

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)

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a (...) mistake about whether a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by s. 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded on their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable” given what the accused knew, the legal definition of consent in section 273.1 is easily over-looked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. -/- That is precisely what we see here; the result is often failure to enforce the law. The author proposes: -/- (a) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and -/- (b) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent. (shrink)

BackgroundHealth data holds great potential for improved treatments. Big data research and machine learning models have been shown to hold great promise for improved diagnostics and treatment planning. The potential is tied, however, to the availability of personal health data. In recent years, it has been argued that data from health records should be available for health research, and that individuals have a duty to make the data available for such research. A central point of debate is whether such secondary (...) use of health data requires informed consent.Main bodyIn response to recent writings this paper argues that a requirement of informed consent for health record research must be upheld. It does so by exploring different contrasting notions of the duty of easy rescue and arguing that none of them entail aperfectduty to participate in health record research. In part because the costs of participation cannot be limited to 1) the threat of privacy breaches, but includes 2) the risk of reduced trust and 3) suboptimal treatment, 4) stigmatization and 5) medicalisation, 6) further stratification of solidarity and 7) increased inequality in access to treatment and medicine. And finally, it defends the requirement of informed consent by arguing that the mere possibility of consent bias provides a rather weak reason for making research participation mandatory, and that there are strong, independent reasons for making.ConclusionArguments from the duty of easy rescue in combination with claims about little risk of harm and potential consent bias fail to establish not only aperfectduty to participate in health record research, but also that participation in such research should be mandatory. On the contrary, an analysis of these arguments indicates that the duty to participate in research is most adequately construed as animperfectduty, and reveals a number of strong reasons for insisting that participation in health records research is based on informed consent. (shrink)

I defend the claim that propositional religious faith that p implies belief that p. While this claim might seem trivial, it has been criticized by Alston, Pojman, Audi, and McKaughan and Howard-Snyder. I begin by defending this view against four objections. In addition to criticizing the belief-plus model, each of the above philosophers have offered their own alternatives to the belief-plus model. I focus on McKaughan’s recent accounts of faith: ”trusting acceptance’ and ”hopeful affirmation’. I argue, following (...) Howard-Snyder, that hopeful affirmation fails to give sufficient conditions for faith. I then argue that there is no reason to think that the token acceptances in faith as trusting acceptance are not instances of belief. (shrink)

The standard view of ignorance is that it consists in the mere lack of knowledge or true belief. Duncan Pritchard has recently argued, against the standard view, that ignorance is the lack of knowledge/true belief that is due to an improper inquiry. I shall call, Pritchard’s alternative account the Normative Account. The purpose of this article is to strengthen the Normative Account by providing an independent vargument supporting it.

David Owens objected to the truth-aim account of belief on the grounds that the putative aim of belief does not meet a necessary condition on aims, namely, that aims can be weighed against other aims. If the putative aim of belief cannot be weighed, then belief does not have an aim after all. Asbjørn Steglich-Petersen responded to this objection by appeal to other deliberative contexts in which the aim could be weighed, and we argued that this (...) response to Owens failed for two reasons. Steglich-Petersen has since responded to our defence of Owens’s objection. Here we reply to Steglich-Petersen and conclude, once again, that Owens’s challenge to the truth-aim approach remains to be answered. (shrink)

In this paper we argue that Steglich-Petersen’s response to Owens’ Exclusivity Objection does not work. Our first point is that the examples Steglich-Petersen uses to demonstrate his argument do not work because they employ an undefended conception of the truth aim not shared by his target (and officially eschewed by Steglich-Petersen himself). Secondly we will make the point that deliberating over whether to form a belief about p is not part of the belief forming process. When an agent (...) enters into this process of deliberation, he has not, contra Steglich-Petersen, already adopted the truth aim with regard to p. In closing, we further suggest that proponents of the truth aim hypothesis need to focus on aim-guidance, not mere aim attribution, for their approach to have explanatory utility so underlining the significance of Owens’ argument. (shrink)

Nearly a century ago, Friedrich Leo argued with his characteristic acumen that the neo-Ciceronian style of Tacitus'Dialogus de oratoribuswas as much a function of its genre as its subject. ‘The genre’, he observed, ‘demands its style. One who deals with different genres must write in different styles.’ Alfred Gudeman, the target of Leo's review, had therefore missed a key step in the argument for Tacitean authorship when he invoked ‘the influence of subject-matter’ without considering the demands of genre. In hindsight, (...) the point seems almost obvious, and the sophistication of recent work on the date and style of theDialogushas left Gudeman's discussion far behind. The advance in method—if not necessarily in results—has been profound. Leo's success in linking genre and style, however, has also had a second, less happy result: it has encouraged belief in a corresponding link between genre and content, as if Tacitus necessarily embraced Ciceronian values along with his Ciceronian forms. TheDialogusis often thought to accept Cicero's aesthetic agenda and to examine why the orators of succeeding generations failed to maintain its ideals and standards. Perhaps inevitably, its analysis is then read as a rather depressing tale of oratory's literary, social, and moral decline. This view demands reconsideration. To explore, as theDialoguscertainly does, the collapse of Ciceronian values is not necessarily to regret that collapse. We have, I think, too often read our own prejudices into theDialogusby presuming a post-Augustan decline in oratorical standards and, in the process, reducing our sensitivity to important variations in and departures from the generic conventions that Tacitus so deliberately recalls. The result is a significant distortion of theDialogus' view of oratory under the empire. (shrink)

On Christian Belief offers a defense of realism in the philosophy of religion. It argues that religious belief--with particular reference to Christian belief--unlike any other kind of belief, is cognitive; making claims about what is real, and open to rational discussion between believers and non-believers. The author begins by providing a critique of several views which either try to describe a faith without cognitive context, or to justify believing on non-cognitive grounds. He then discusses what sense (...) can be made of the phenomenon of religious conversion by realists and non-realists. After a chapter on knowledge in general, he defends the idea that religious knowledge is very like other knowledge, in being based on reliable testimony, sifted by reason and tested by experience. The logical status of the content of religious belief is then discussed with reference to Christianity. (shrink)

In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...) record, this paper: (1) examines relationships between legal errors dealing with availability of the defence of “belief in consent” and interpretation of the “all reasonable steps” provision, the need for retrials, and apprehended race-gender-age bias and discrimination; and 2) proposes incremental and systemic remedies to address the weaknesses in police, prosecutorial and judicial policy and practice highlighted by this case. (shrink)

In his article, «In Defense of Reason in Religion,» Jones reacts to current trends to minimize the role of reason in religion by attempting to show that if religionists desire their religious beliefs to correspond to knowledge, the noetic tool most likely to achieve this goal is reason. This he does by reviewing the leading epistemological ap- proaches to metaphysical knowledge, and showing that each relies to some extent on reason. He further argues that all of them must utilize reason (...) if they wish to at- tempt to critically verify their findings. Then he argues that religious knowledge is a type of metaphysical knowl- edge. He shows that the leading approaches to obtaining religious knowledge parallel the various approaches to metaphysical knowledge, and have similar reliance on reason. Even in the case of supernatural revelation, rea- son is used in identifying and interpreting the revelation. Therefore, Jones concludes, «reason is the primary mechanism for obtaining religious knowledge.». (shrink)

Excerpt from A Defence of Philosophic Doubt: Being an Essay on the Foundations of Belief What is meant by Ethics I have Shown at length in the Appendix which will be found at the end of the volume. Here it is only necessary to say that it includes, not only what are commonly called moral systems, but also some analogous systems not usually so described. Multitudes of propositions, all professing to em body knowledge belonging to one or other (...) of these departments, are being continually put forward for our acceptance. And as no one believes all of them, so those who profess to act rationally must hold that there are grounds for rejecting the propositions they disbelieve, and for accepting those they believe. The systematic account of. These grounds of belief and disbelief makes up the fourth of the Classes into which possible knowledge is divided, and is here always called Philosophy. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

In this paper we defend the doxastic conception of delusions against the metacognitive account developed by Greg Currie and collaborators. According to the metacognitive model, delusions are imaginings that are misidentified by their subjects as beliefs: the Capgras patient, for instance, does not believe that his wife has been replaced by a robot, instead, he merely imagines that she has, and mistakes this imagining for a belief. We argue that the metacognitive account is untenable, and that the traditional conception (...) of delusions as beliefs should be retained. (shrink)

Today, many philosophers think that perceptual experiences are conscious mental states with representational content and phenomenal character. Subscribers to this view often go on to construe experience more precisely as a propositional attitude sui generis ascribing sensible properties to ordinary material objects. I argue that experience is better construed as a kind of belief ascribing 'phenomenal' properties to such objects. A belief theory of this kind deals as well with the traditional arguments against doxastic accounts as the sui (...) generis view. Moreover, in contrast to sui generis views, it can quite easily account for the rational or reason providing role of experience. (shrink)

According to epistemic instrumentalists the normativity of evidence for belief is best explained in terms of the practical utility of forming evidentially supported beliefs. Traditional arguments for instrumentalism—arguments based on naturalism and motivation—lack suasive force against opponents. A new argument for the view—the Argument from Coincidence—is presented. The argument shows that only instrumentalists can avoid positing an embarrassing coincidence between the practical value of believing in accordance with one’s evidence, and the existence of reasons so to believe. Responses are (...) considered and shown to be inadequate. (shrink)

Here I reply to the main points raised by the commentators on the arguments put forward in my Delusions and Other Irrational Beliefs (OUP, 2009). My response is aimed at defending a modest doxastic account of clinical delusions, and is articulated in three sections. First, I consider the view that delusions are inbetween perceptual and doxastic states, defended by Jacob Hohwy and Vivek Rajan, and the view that delusions are failed attempts at believing or not-quitebeliefs, proposed by Eric Schwitzgebel and (...) Maura Tumulty. Then, I address the relationship between the doxastic account of delusions and the role, nature, and prospects of folk psychology, which is discussed by Dominic Murphy, Keith Frankish, and Maura Tumulty in their contributions. In the final remarks, I turn to the continuity thesis and suggest that, although there are important differences between clinical delusions and non-pathological beliefs, these differences cannot be characterised satisfactorily in epistemic terms. (shrink)

In a number of recent papers Duncan Pritchard argues that virtue epistemology's central ability condition—one knows that p if and only if one has attained cognitive success (true belief) because of the exercise of intellectual ability—is neither necessary nor sufficient for knowledge. This paper discusses and dismisses a number of responses to Pritchard's objections and develops a new way of defending virtue epistemology against them.

This paper defends revealed preference theory against a pervasive line of criticism, according to which revealed preference methodology relies on appealing to some mental states, in particular an agent’s beliefs, rendering the project incoherent or unmotivated. I argue that all that is established by these arguments is that revealed preference theorists must accept a limited mentalism in their account of the options an agent should be modelled as choosing between. This is consistent both with an essentially behavioural interpretation of preference (...) and with standard revealed preference methodology. And it does not undermine the core motivations of revealed preference theory. (shrink)

argument fails, and the purpose of this note is to bring out that failure. The view in question which Heck calls the Hybrid Vie~istinguishes between the meanings of names and the contents of beliefs which are expressible using names. According to the Hybrid View the meaning of a name is its referent: names do not have senses. Thus (a) "George Orwell wrote 1984" means the same as (b) "Eric Blair wrote 1984". However, the Hybrid View tells a different story about (...) the beliefs one expresses when one utters (a) or (b). The content of a belief expressed using a sentence that contains a name has more to it than just the referent of the name and whatever properties the sentence ascribes to the name's referent. There is.. (shrink)

According to Jim Pryor’s dogmatism, when you have an experience with content p, you often have prima facie justification for believing p that doesn’t rest on your independent justification for believing any proposition. Although dogmatism has an intuitive appeal and seems to have an antisceptical bite, it has been targeted by various objections. This paper principally aims to answer the objections by Roger White according to which dogmatism is inconsistent with the Bayesian account of how evidence affects our rational credences. (...) If this were true, the rational acceptability of dogmatism would be seriously questionable. I respond that these objections don’t get off the ground because they assume that our experiences and our introspective beliefs that we have experiences have the same evidential force, whereas the dogmatist is uncommitted to this assumption. I also consider the question whether dogmatism has an antisceptical bite. I suggest that the answer turns on whether or not the Bayesian can determine the priors of hypotheses and conjectures on the grounds of their extra-empirical virtues. If the Bayesian can do so, the thesis that dogmatism has an antisceptical bite is probably false. (shrink)

Research in the psychology of deception detection implies that Fricker, in making her case for reductionism in the epistemology of testimony, overestimates both the epistemic demerits of the antireductionist policy of trusting speakers blindly and the epistemic merits of the reductionist policy of monitoring speakers for trustworthiness: folk psychological prejudices to the contrary notwithstanding, it turns out that monitoring is on a par (in terms both of the reliability of the process and of the sensitivity of the beliefs that it (...) produces) with blind trust. The consequence is that while (a version of) Fricker’s argument for the necessity of a reduction succeeds, her argument for the availability of reductions fails. This does not, however, condemn us to endorse standard pessimistic reductionism, according to which there is no testimonial knowledge, for recent research concerning the methods used by subjects to discover deception in non-laboratory settings suggests that only a more moderate form of pessimism is in order. (shrink)

This paper considers issues raised by Elizabeth Anderson’s recent critique of the position she terms ‘luck egalitarianism’. It is maintained that luck egalitarianism, once clarified and elaborated in certain regards, remains the strongest egalitarian stance. Anderson’s arguments that luck egalitarians abandon both the negligent and prudent dependent caretakers fails to account for the moderate positions open to luck egalitarians and overemphasizes their commitment to unregulated market choices. The claim that luck egalitarianism insults citizens by redistributing on the grounds of paternalistic (...) beliefs, pity and envy, and by making intrusive and stigmatizing judgments of responsibility, fails accurately to characterize the luck egalitarian’s rationale for redistribution and relies upon luck egalitarians being insensitive to the danger of stigmatization. The luck egalitarian position is reinforced by the fact that Anderson’s favoured conception of equality, ‘democratic equality’, is counterintuitively indifferent to all unchosen inequalities, including intergenerational inequalities, once bare social minima are met. (shrink)

In this paper we defend the doxastic conception of delusions against the metacognitive account developed by Greg Currie and collaborators. According to the metacognitive model, delusions are imaginings that are misidentified by their subjects as beliefs: the Capgras patient, for instance, does not believe that his wife has been replaced by a robot, instead, he merely imagines that she has, and mistakes this imagining for a belief. We argue that the metacognitive account is untenable, and that the traditional conception (...) of delusions as beliefs should be retained. (shrink)

In this paper I defend the possibility that a ‘contented religious exclusivist’, will be fully rational and not neglectful of any of her epistemic duties when faced with the world’s religious diversity. I present an epistemic strategy for reflecting on one's beliefs and then present two features of religious belief that make contented exclusivism a rational possibility. I then argue against the positions of John Hick, David Basinger, and Steven Wykstra on contented exclusivism, and criticize an overly optimistic conception (...) of rationality. Finally, I describe a contented exclusivist who might very well not be fully rational in the face of religious diversity. (shrink)

ABSTRACT The principle of nationality is widely believed to be philosophically disreputable and politically reactionary. As defined here, it embraces three propositions: national identities are properly part of personal identities; they ground circumscribed obligations to fellow‐nationals; and they justify claims to political self‐determination. To have a national identity is to think of oneself as belonging to a community constituted by mutual belief, extended in history, active in character, connected to a particular territory, and marked off from others by its (...) members’distinct traits. Such identities are inevitably partly mythical in nature, yet they answer a pressing modern need, the maintenance of solidarity in large, anonymous societies. They are allied to no particular political programme. They do not require the suppression of minority cultures within the political community. They do not justify a secessionist free‐for‐all. Nor finally does recognition of the role of sentiments in constituting national communities commit us to a subjectivist view of social obligations. Philosophers should recognise the value of these loyalties even if they cannot be rationally grounded in a strong sense. [1]. (shrink)

I confront Feyerabend's position and critical rationalism in order to have a foundation or starting point for my (historical) investigation. The main difference of his position towards falsificationism is the belief that different theories cannot be discussed rationally. Feyerabend is convinced that Galilei's observations with the telescope in the historical context of the Copernican revolution supports his criticism. In particular, he argues that the Copernican theory was supported by deficient hypotheses, and falsifications were disposed by ad hoc hypotheses and (...) propaganda. Furthermore, he claims that his philosophy of science reconstructs Galilei's defence of the Copernican theory. He introduces a central principle of his position (the principle of tenacity) in order to justify a research strategy of not eliminating falsified theories. He tries to show that the tenacious defence of a theory corresponds to Galilei's defence of the Copernican theory. Remarkably, Feyerabend's approach to explain the development of science earns an important support from his interpretation of Galilei's observations. On this basis I give a falsificationist interpretation of Galilei's observations with the telescope, and oppose this interpretation to Feyerabend's. From a falsificationist perspective, auxiliary hypotheses compete during the Copernican revolution which can (with some effort) be critically discussed. Then I analyse the historical case in order to test Feyerabend's interpretation of the Copernican revolution. Inter alias I investigate thoroughly whether Galilei, as Feyerabend claims, immunised falsifications of the Copernican theory by the introduction of ad hoc hypotheses. The investigation considers Galilei's explanation of Venus' phases, his establishment of the irradiation hypothesis, the explanation of the telescope's functionality, and the role of the reproducibility of the observations with the telescope. Finally I provide a rational reconstruction of Galilei's falsification of the Ptolemaic theory. The formalisation shows that Galilei was not a cautious critical rationalist, but a very confident scientist using the method of falsification. (shrink)

The Swamping Problem shows that two claims are incompatible: the claim that knowledge has more epistemic value than mere true belief and a strict variant of the claim that all epistemic value is truth or instrumental on truth. Most current solutions reject. Carter and Jarvis and Carter, Jarvis and Rubin object instead to a principle that underlies the problem. This paper argues that their objections fail and the problem stands. It also outlines a novel solution which rejects. By carefully (...) distinguishing value from expected value, one can argue that the greater value of knowledge is merely apparent. (shrink)

According to the Strong Belief Thesis (SBT), intending to X entails the belief that one will X. John Brunero has attempted to impugn SBT by arguing that there are cases in which an agent intends to X but is unsure that she will X. Moreover, he claims that the standard reply to such putative counterexamples to SBT – namely, to claim that the unsure agent merely has an intention to try – comes at a high price. Specifically, it (...) prevents SBT from playing the kind of explanatory role the cognitivist requires. This article meets Brunero's challenge to SBT by offering an account of trying and intending to try that not only saves SBT from Brunero's criticism, but does so in a way that preserves the explanatory significance that cognitivists typically take SBT to have. (shrink)

One recurrent objection to the idea that the right kind of reasons for or against an attitude are object-given reasons for or against that attitude is that object-given reasons for or against belief and disbelief are incapable of explaining certain features of epistemic normativity. Prohibitive balancing, the behaviour of bare statistical evidence, information about future or easily available evidence, pragmatic and moral encroachment, as well as higher-order defeaters, are all said to be inexplicable in terms of those object-given reasons. (...) In this paper, I provide a rebuttal to all these challenges by drawing attention to the object-given reasons for and against the third doxastic state, namely the suspension of judgement. First, I introduce an original picture of how suspension relates to belief and disbelief – as ways of being decided – which yields a novel weighing model of the corresponding reasons. Second, I demonstrate that this new take on doxastic deliberation can accommodate all five features of epistemic normativity. Finally, I extend the weighing model to cover practical deliberation and the suspension of intentions. The resulting theory provides an explanation of why epistemic and practical normativity differ in certain respects in terms of a significant difference between doxastic and conative suspension. (shrink)

In Defence of Christianity is a short book of Christian apologetics. Acknowledging that reason is not the basis of faith, Brian Hebblethwaite sets out some of the main reasons that can be advanced in support of the Christian faith. He defends the view that belief in God makes most sense of a world that has come up with moral and creative persons and communities, including all that they have produced in the way of culture, mysticism, and sainthood. He (...) also argues that the history of religions, and in particular the history of Israel and the story of Christ and his Church, offers the best diagnosis and solution of the problems that afflict humanity and the most hopeful picture of the ultimate future of creation. (shrink)

The organisation of health care is rapidly changing. There is a trend to move away from individual health care institutions towards transmural integrated care and interorganizational collaboration in networks. However, within such collaboration and network there is often likely to be a pluralism of values as different health care institutions often have very different values. For this paper, we examine three different models of how we believe institutions can come to collaborate in networks, and thus reap the potential benefits of (...) such collaboration, despite having different moral beliefs or values. A first way is the pragmatic way in which the different health care institutions avoid ethical reflection and focus on solutions. A second possible route is that of consensus where health care institutions base their collaboration on values that they all share. The third, and final, approach is that of compromise. Although moral compromise is often seen in a negative light, we argue that in many cases compromise might be necessary and ethically justified. In a final section, we will shift our focus from discussing various theoretical methods to allow collaboration to the potential content of consensus or compromise. (shrink)

According totransmissiontheories of testimony, a listener's belief in a speaker's testimony can be supported by the speaker's justification for what she says. The most powerful objection to transmission theories is Jennifer Lackey'spersistent believercase. I argue that important features about the epistemology of testimony reveal how transmission theories can account for Lackey's case. Specifically, I argue that transmission theorists should hold that transmission happens only if a listener believes a speaker's testimony based on the presumption that the speaker has justification (...) for what she says. If this does not happen in thepersistent believercase, then the case is no counterexample to transmission. If this does happen in thepersistent believercase, then there is an available framework for rejecting the idea that the listener's belief is in fact justified. (shrink)

A popular introduction to common consent arguments for belief in God.

In lieu of an abstract, here is a brief excerpt of the content:66 IN DEFENCE OF KEMP SMITH D. C. Stove argues against Kemp Smith's contention that Hume's philosophy "was intended not to subvert but to endorse our natural beliefs" in general, and our belief in the Causal Principle in particular. His arguments are insufficient. Kemp Smith does not need to deny that the falsity of the Causal Principle is believed by Hume to be possible in the strongest (...) of Stove's three suggested 2 senses: it is not merely self-consistent, but the Principle is unverifiable and unconfirmable in the sense that no empirical proposition is relevant to its truth. However, to say flatly that its falsity is possible is to say that it is not impossible in any way at all; and that is what is at stake both in Hume's letter to Stewart and in the use Kemp Smith makes of it. If Hume had written a letter to Stewart or to any scientific enquirer urging him to desist from his labours on the ground that "something may begin to exist, or start into being without a cause," he would have been a fool, and in representing Hume's position in this way Stewart is in fact calling Hume a fool. It is not surprising that Hume is indignant. The problem is whether, and how, one can hold both that the Causal Principle is undeniably true and that it can be supported neither by deductive nor by inductive argument, and whether Hume on the most reasonable interpretation of his published works held both these views. Clues to the answer lie in the in tradition of sceptical philosophy, and in the difference between a cause and a reason. Hume's philosophy is indeed, as he says, 'very sceptical'. But scepticism is a kind of philosophy with a long history, from Sextus Empiricus to Bayle, and it is reasonable to suppose that Hume was aligning himself with this position, especially since so much of the argument in 67 the Treatise is derived from Bayle. But sceptics do not behave otherwise than ordinary men. Scepticism is not directed against everyday beliefs but again.st arguments: this is a point on which Sextus insists." It would not be the part of a sceptic to doubt that every event has a cause, but to refute all arguments purporting to show that such is the case. To assert "that any thing might arise without a Cause" would not be scepticism, but an inverse dogmatism: to infer from a philosophical argument a belief about the real world that is at variance with everyday belief. The crucial step in Stove's argument occurs in his gloss of Hume's claim that he had maintained "that our Certainty of the Falsehood of that Proposition proceeded neither from Intuition nor Demonstration; but from another Source" phrase "sic., experience, of course". This could be misleading. It could mean that Hume here claims that experience gives us reason to believe that the Causal Principle is true; and this Hume has denied, as Stove urges ad loc. But nothing in what Hume says in his letter requires us to interpret him thus. And his sceptical principles tell against it: an argument from experience, whether inductive or by analogy or whatever, is still an argument and thus liable to sceptical attack. What Hume could mean, and what Kemp Smith took him to mean, is that our experience causes us to regard the principle as necessary: experience is not a premise in any sort of argument at all, but a causal explanation for a universal propensity to believe in the Causal Principle. It is true that Hume's citation as analogues of such empirical affirmations as "That Caesar existed" is misleading. But it is not in fact the case that Hume represents these as in any way 'parallel' with the Causal Principle: he says only that, like it, They are believed without recourse to Reason and Intuition. In 68 point of fact, Stove is going a bit far when he says that this is (like "There is such an Island as Sicily") an observation-statement; but that point is hardly relevant here. It is worth noting that in the offending passage... (shrink)

In Liberalism without Perfection Jonathan Quong defends a form of political liberalism; that is, a political philosophy that answers ‘no’ to both the following questions: 1. Must liberal political philosophy be based in some particular ideal of what constitutes a valuable or worthwhile human life, or other metaphysical beliefs? 2. Is it permissible for a liberal state to promote or discourage some activities, ideals, or ways of life on grounds relating to their inherent or intrinsic value, or on the basis (...) of other metaphysical claims? In these remarks, I respond to Quong’s arguments against those of his rivals who answer ‘Yes’ to his first question by dint of their comprehensive commitment to an ideal of individual autonomy. One of these, which Quong calls ‘comprehensive antiperfectionism’, answers ‘Yes’ to Question 1 and ‘No’ to Question 2. The other, which answers ‘Yes’ to both, he calls (comprehensive) ‘liberal perfectionism’. Quong poses these positions a dilemma: they cannot consistently be both comprehensive (by retaining their commitment to autonomy) and liberal (by ruling out the sort of coercive interference in people’s choices which is beyond the liberal pale). I argue on the contrary that a comprehensive commitment to autonomy actually demands a general injunction against such coercive interference, because responsibility is an important component of the autonomous life, and coercion always undermines responsibility. So, Quong’s dilemma is unsuccessful. (shrink)

Ernst Bloch’s recourse to speculative philosophy has guaranteed him the position of a perpetual outsider in the history of Western Marxism. When Jürgen Habermas described Bloch’s philosophy in 1960 as a ‘speculative materialism’, it was to denounce him for crossing the boundaries of critical thought set down as much by Kant’s Critique of Pure Reason as by Marx’s critique of political economy. This article argues that Bloch’s speculative materialism deserves to be re-assessed. Contrary to Habermas’s assertion that speculation is divorced (...) from critique, I argue with Bloch that the speculative hypotheses we unavoidably use to interpret the world around us inform our political beliefs and actions, and to stifle speculative thinking as that creative and inquisitive enterprise which questions and transgresses the given is not only a ‘crime against reason’, as Hilary Putnam once claimed, but also a crime against freedom. (shrink)

The concept of orthodoxy is not prominent in the thinking of mid-twentiethcentury writers on religion. There are many reasons for this. It is, for instance, always more interesting to challenge accepted traditions than to defend them, and publishers know that radical questioning generally attracts more attention than defence of received ideas. But the task of defending orthodox beliefs is an absolute necessity for the adherents of a revealed religion. It may be unpalatable to have to examine a long succession (...) of ‘reinterpretations’ of Christianity, but it is important, since the new thinkers may often get things badly wrong, and the faithful may be seduced by superficial plausibility or flashy modernity.One can well imagine a person who has found Christianity attractive enough for him to pray and to attend church services occasionally, but whose world-view has been largely formed by the mass media, discovering one of the modern ‘reinterpreters’ of the Christian faith with an enormous feeling of relief. (shrink)

The paper is a response to recent criticisms of agatheism, a new pluralistic interpretation of religious belief put forward by Janusz Salamon with the aim of accommodating the epistemological challenge of religious diversity. Agatheism is an axiologically grounded religious belief which identifies God, the Absolute or the ultimate reality religiously conceived with the ultimate good as the ultimate end of all human agency and thus an explanation of its irreducibly teleological character and a source of its meaning. Janusz (...) Salamon argues that this grounding of religious belief in the human axiological consciousness makes it immune to falsification by any future science. Replying to the concerns of the critics about about irrationality of doxastic commitment to a particular religious tradition, Janusz Salamon argues that to the extent the fundamental agatheistic religious belief is presupposed in such tradition as its doxastic core, its belief system - if internally coherent and aligned with a worldview that is consistent with undisputed scientific findings - may be considered rational, despite there being a plurality of such belief systems. (shrink)

Mark Murphy contends that, whatever the merits of any philosophical argument for anarchism, most people are obligated to obey the law. Murphy defends a moral argument designed to show that most people in reasonably just political communities are obligated to obey the law. And he advances epistemological arguments calculated to support two key claims. First, people who believe they are obligated to obey the law are entitled to retain their belief in the face of anarchist criticism. Second, a credible (...) account of political obligation can accommodate the concerns that drive anarchist arguments in such a way that no anarchist argument against political obligation could, in principle, be successful. I argue that Murphy's moral argument yields relatively limited results, and that his epistemological arguments do not succeed in showing that anarchists could not convict folk-believers in political obligation of unreasonableness. (shrink)

A starting point for this paper is that there is at least one concept of probability, call it epistemic probability, which can be identified with belief or some sort of idealised belief. If this identification is to be of any significance, then it needs to be shown that epistemic probability is a ‘true’ probability concept and is subject to those restrictions and requirements which relate and govern probabilities, which we call the probability calculus.The most rehearsed argument to establish (...) the probability calculus for epistemic probabilities is the Dutch Book Argument. There are two intuitions behind the DBA. The first is that if we can find some fine-grained behavioural measure of epistemic probability, then we may be able to show that epistemic probabilities obey the probability calculus by showing that the behaviour is of a kind which is, as a matter of necessity, subject to certain limitations and restrictions. (shrink)

Our 2021 article in Ethical Theory and Moral Practice argued that mutuality, defined as ‘loving attention’ towards a sexual partner, should be a moral standard for ethical sex. We specified that this loving attention should occur in the form of attempting to know what could be knowable about the other person and taking a ‘thick’ view of the other in their particular social and psychological contexts. We contrasted this orientation with the comparatively ‘thin’ view of people from a rights-based ethical (...) perspective that claimed that individuals would have fulfilled their moral duty by acquiring free and informed consent from a partner. Michael Hand and Michael Reiss have responded to the article, and here we respond to their critiques. (shrink)

In Ethics in the Sanctuary, Margaret Battin argues that traditional evangelism, directed to promoting religious belief, practice, and affiliation, that is proselytizing, is morally questionable to the extent that it involves unwarranted paternalism in the interests of securing other-worldly benefits for potential converts. I argue that Christian evangelism is justified in order to make the this-worldly benefits of religious belief and practice available to everyone, to bring about an increase in religious affiliation for the purpose of providing a (...) more supportive social environment for Christians, and to promote the survival of the institutional Church, which benefits Christians and nonChristians alike by maintaining church property, providing access to church buildings and doing liturgy visibly and publicly for the sake of all people. (shrink)

Defences of inference to the best explanation (IBE) frequently associate IBE with scientific realism, the idea that it is reasonable to believe our best scientific theories. I argue that this linkage is unfortunate. IBE does not warrant belief, since the fact that a theory is the best available explanation does not show it to be (even probably) true. What IBE does warrant is acceptance: taking a proposition as a premise in theoretical and/or practical reasoning. We ought to accept our (...) best scientific theories since they are the theories that are most likely to lead to the goal of science, which is that of knowledge. In support of this claim I invoke Bill Lycan's Panglossian reflections regarding Mother Nature.1. (shrink)

It is incorrect to construe Hume as a Pyrrhonian sceptic. Or so I have argued elsewhere. To the contrary, Hume in fact offers a detailed defence of the thesis that the norms of scientific inference, that is, the “rules by which to judge of causes and effects”, arereasonablerules to follow in forming our beliefs. Conforming to these rules in its formation of causal beliefs is astrategythe understanding employs in order to satisfy the end of curiosity (T271). Science is reasonable (...) because, so far as we can, within our fallible limits, discover, it is the strategy of belief formation that is the best means of achieving our end of truth, insofar as the latter is, within our fallible limits, attainable. (shrink)

As one of the first modern philosophers, Georg Simmel systematically developed a “relativistic world view” (Simmel 2004, VI). In this paper I attempt to examine Simmel’s relativistic answer to the question of truth. I trace his main arguments regarding the concept of truth and present his justification of epistemic relativism. In doing so, I also want to show that some of Simmel’s claims are surprisingly timely. Simmel’s relativistic concept of truth is supported by an evolutionary argument. The first part of (...) this paper outlines that pragmatic foundation of his epistemology. The second part of the paper shows that Simmel develops what today would be called a coherence theory of truth. He presents his coherentist view that every belief is true only in relation to another one primarily as a theory of epistemic justification. The third part turns to Simmel’s original way of dealing with the (in)famous self-refutation charge against relativism. (shrink)