In this paper, we offer a defense of non-punitive measures as morally justified responses to crime within a framework of society as a fair system of cooperation among free and equal individuals. Our argument proceeds in three steps. First, we elaborate on the premises of our argument: we situate criminal acts within a model of society as a fair system of cooperation, identify the types of unfair disadvantages crimes bring about, and consider the social aim of the criminal justice (...) system. Next, we reject the claim defended by fair-play retributivists that fairness considerations make punishment a necessary response to criminal acts. In the last step, we demonstrate that it is rather non-punitive responses to crime that are warranted under the principle of fairness and, as such, are morally justified. We conclude the paper by rejecting two possible objections to our defense: the “responsibility gap” and the “victims’ claim to justice” objections. (shrink)

The current nature of the school inspection régime in England and Wales is considered, together with the reasons why it was created. Two different approaches to educational accountability are considered, the use of performance indicators and inspection. England and Wales have a system of educational accountability that employs both. It is argued that, although neither performance indicators nor inspection are, in themselves, sufficient instruments of accountability, they are complementary and could, jointly be more effective than the current (...) dual system, given certain fundamental reforms to the inspection régime. These include, a common language of accountability, greater use of self-evaluation and a loosening of the functional distinction between inspectors and teachers. (shrink)

The current nature of the school inspection régime in England and Wales is considered, together with the reasons why it was created. Two different approaches to educational accountability are considered, the use of performance indicators and inspection. England and Wales have a system of educational accountability that employs both. It is argued that, although neither performance indicators nor inspection are, in themselves, sufficient instruments of accountability, they are complementary and could, jointly be more effective than the current (...) dual system, given certain fundamental reforms to the inspection régime. These include, a common language of accountability, greater use of self-evaluation and a loosening of the functional distinction between inspectors and teachers. (shrink)

This paper critically appraises the arguments that have been offered for what can be called ‘the expressive function of punishment’. According to this view, what distinguishes punishment from other kinds of non-punitive hard treatment is that punishment conveys a censorial/reprobative message about what the punished has done, and that this expressive function should therefore be accepted as part of the nature and definition of punishment. Against this view, this papers argues that the standard account of punishment, according to which (...) punishment is a kind of hard treatment that is imposed on an alleged offender in response to her alleged wrongdoing, can already properly account for punishment and distinguish it from other kinds of hard treatment when it is properly clarified and understood. Thus there is no need to accept the expressive function of punishment in addition to the standard account when it comes to the nature and definition of punishment. (shrink)

There is considerable variability across people in their punitive responses to employee offenses in the workplace. We attempt to explain this variability by positing a novel antecedent of punishment: moral recognition. We find consistent evidence that identifying moral considerations and implications for workplace offenses predicts punitive responses toward employees who commit those offenses. Drawing on functional theoretical accounts of morality and punishment, we posit that people are motivated to punish others to the extent that they believe a moral (...) offense has been committed, because much of what it means to commit a moral offense (as opposed to a non-moral offense) is to act in a way that prevents, or inhibits, cooperative behavior to achieve social goals. Punishment can discourage group members from committing those offenses in the future, thereby regulating behavior in a way that facilitates cooperation and social cohesion. We offer correlational and causal evidence that the link between moral recognition and punishment is explained, in part, by participants’ beliefs that committing these offenses prevents cooperative behavior to achieve organization-related goals. (shrink)

In the late 1990s, Mexican feminists mobilized transnationally to demand state accountability for the feminicidios of women in Ciudad Juarez. Feminicidio refers to the misogynous killing of women and the state’s complicity in this violence by tolerating it with impunity. Drawing on debates of the Mexican Federal Congress and interviews with feminist state and non-state actors, I examine feminist legislators’ response to transnational activism, which was to pass the “General Law on Women’s Access to a Life Free of Violence” (...) and to create the penal-type code of feminicidio, which includes provisions to punish negligent state actors. These laws make the state a target of its own punitive power. To pass these acts, feminist legislators faced resistance from male legislators and the Federal Executive. I build on feminist institutionalism to theorize this resistance as gendered. Gendered state resistance was pervasive because feminist legislators practiced accountability by identifying the complicity of state institutions, including Congress, in perpetuating feminicidio. As part of the process, they built alliances with other female legislators and framed their arguments with notions of modern statehood. Although this framing strategy resulted in innovative legal change, I interrogate the assumption that modernity is the solution to feminicidio, because it can lead gendered state resistance to manifest as a simulation of accountability. (shrink)

On the moral model of addiction, addicts are morally responsible and blameworthy for their addictive behaviours. The model is sometimes resisted on the grounds that blaming addicts is incompatible with treating addiction in a compassionate and non-punitive way. I argue the moral model is consistent with addressing addiction compassionately and non-punitively and better accounts for both the role of addicts’ agency in the recovery process. If an addict is responsible for their addictive behaviours, and that behaviour is in some (...) way bad or wrong, then that addict is blameworthy. If not, then they are not. But, if their addictive behaviour or behaviour which contributes to and perpetuates their condition of addiction, is not bad or wrong, then addiction is not an issue of moral concern. Addicts are blameworthy, but attributions of blame need not be followed by harsh treatment or punishment. Because blame and harsh treatment or punishment can be separated, there is no good reason to reject the moral model of addiction. (shrink)

Penance is often said to be a part of the process of making amends for wrongdoing. Here I clarify the nature of penance as a remedial action, highlighting the differences between it and more familiar corrective actions such as reparation and apology, and I offer an account of how penance contributes to the expiation of wrongdoing. In doing so, I reject a popular view according to which one does penance primarily by either punishing oneself or voluntarily submitting to punishment at (...) the hands of others. I contend that non‐punitive actions such gifts or acts of service are typically more conducive to achieving the reparative aims of penance. (shrink)

In The Problem of Punishment, David Boonin offers an analysis of punishment and an account of what he sees as ethically problematic about it. In this essay I make three points. First, pace Boonin's analysis, everyday examples of punishment show that it sometimes isn't harmful, but merely "discomforting." Second, intentionally discomforting offenders isn't uniquely problematic, given that we have cases of non-punitive intentional discomforture---and perhaps even harmful discomforture---that seem unobjectionable. Third, a notable fact about both non-harmful punishment and non- (...) class='Hi'>punitive intentional discomforture is that they aim at improving the subject. This suggests that, if the prima facie wrongness of intentionally harming another person is the fundamental challenge for punishment, the "educative defense" is the royal road to justifying the practice. I conclude by outlining one version of the educative defense that exploits this advantage while avoiding some traditional objections to the approach. (shrink)

Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The Abolition of Punishment: (...) Is a Non-Punitive Criminal Justice System Ethically Justified?” was brought into life precisely to give the authors a platform for such progressive inquiries. And it is now safe to say that this platform has been put to excellent use, since Valerij Zisman, Alexander Stachurski, Giorgia Brucato, Perica Jovchevski, Sofia M. I. Jeppsson, Stephen G. Morris, Benjamin Vilhauer, John Lemos, Saul Smilansky, Elizabeth Shaw, Mirko Farina, Andrea Lavazza and Sergei Levin have presented such thought-provoking texts that they are bound to set the stage for debate in the years to come. This article is an introduction to this special issue and to the authors’ papers. (shrink)

There is a debate in Bayesian confirmation theory between subjective and non-subjective accounts of evidence. Colin Howson has provided a counterexample to our non-subjective account of evidence: the counterexample refers to a case in which there is strong evidence for a hypothesis, but the hypothesis is highly implausible. In this article, we contend that, by supposing that strong evidence for a hypothesis makes the hypothesis more believable, Howson conflates the distinction between confirmation and evidence. We demonstrate that Howson’s counterexample fails (...) for a different pair of hypotheses. (shrink)

Does it seem that with each reported state cyberattack, there comes an announcement of discovery, an attribution to one of a handful of usual suspects, some threatening language suggesting imminent retribution, and then nothing more? Increased incidence of cyberattack makes its occurrence seem simultaneously rampant in terms of publicity and minimal in terms of threat of war. If rampant, how can repeated deployment by the same actors carry no punitive consequences? How is such audaciousness tolerated? For some, a cyberattack (...) by a state is an act of war. Its prevalence suggests there must be a void somewhere that facilitates its use without consequence. Others think state cyberattack is like other internet novelties: digital malfeasance, amounting to a nuisance that naturally follows from a digital‐based existence, particularly since non‐state actors are typically involved. Yet, state‐on‐state hostilities are historically perilous on a vast scale, and there is a multilateral system for regulating the use of force in the context of war. Acts of war, even when seeming minimal in impact, are not by‐products of a digital fad, and cyberattack is now described as far more than ‘nuisance’. If anywhere, the place for clarity on hostile state cyberoperations use should be accounted for in International Humanitarian Law. Yet, in its present form, it is ambiguous if not silent on the subject, suggesting that cyberattack currently presents an advantage to perpetrating states. Does this void or these ambiguities make cyberattacks more legally advantageous to states than traditional, kinetic weaponry? I examine whether existing IHL is sufficiently adaptable to state cyberoperations through a mixed legal and theoretical approach and conclude that they do. (shrink)

A general feature of our moral psychology is that we feel that some moral demands are motivated externally. Stanford explains this feature with an evolutionary account, such that moral externalism was selected for its ability to facilitate prosocial interactions. Alternatively, I argue that a cognitive, non-selectionist account of moral externalism is a more parsimonious explanation.

Most interpretations of Aristotle’s Posterior Analytics believe that the term ‘ameson’ is used to describe the principles or foundations of a given system of justification or explanation as epistemically prior to or more fundamental than the other propositions in the system. Epistemic readings (as I shall call them) arguably constitute a majority in the secondary literature. This predominant view has been challenged by Robin Smith (1986) and Michael Ferejohn (1994; 2013), who propose interpretations that should be classified as non-epistemic according (...) to the definition above. My aim in this article is purely negative. I intend to show that these non-epistemic interpretations are liable to serious objections and are in conflict with some important features of Aristotle’s theory of demonstration. (shrink)

The problem of function statements in the Life Sciences may be stated as follows. Life Scientists make frequent and important use of statements of the form 'X is the function of Y', in explaining phenomena intimately connected with living organisms. The use of such statements, according to recent philosophical discussions suffers the defects of presupposing or committing the user to the existence of vital forces, purposive activity outside the realm of human action, or a special kind of ';causal' nexus, i.e. (...) final causality, or constitutes the basis for the irreducibility of the LIFE sciences to physics . ;Because scientists find such statements so useful they are not willing to throw these statements out altogether. Instead the philosopher embarks on a program to 'save' such statements by showing that upon analysis function statements do not really suffer the above-mentioned defects. This analysis of function statements into statements of efficient causality shows them to be causal in a way which does not commit one to vital forces, purposive activity outside the realm of human activity, or final causality, and does not provide ammunition for those who would resist the reduction of Biology to Physics. ;First I consider attempts which have been made in the philosophical literature to analyze function statements into regular causal statements. I provide in the course of these considerations a positive account of the legitimate use of function statements in the life sciences which is non-reductive yet does not involve any of the defects which motivate the standard philosophical analyses. This positive account sees function statements as compacted explanations which among other distinguishing uses and characteristics focus on a special class of consequences. (shrink)

Many contemporary philosophers argue that assertion is governed by an epistemic norm. In particular, many defend the knowledge account of assertion, which says that one should assert only what one knows. Here, I defend a non‐normative alternative to the knowledge account that I call the repK account of assertion. According to the repK account, assertion represents knowledge, but it is not governed by a constitutive epistemic rule. I show that the repK account offers a more straightforward interpretation of the conversational (...) patterns and intuitions that motivate the knowledge account. It does so in terms of ordinary normative principles that philosophers already accept, none of which are constitutive to assertion. I then contend that the repK account is preferable to the knowledge account because it is simpler, its implications are less contentious, and it avoids a problem for normative accounts of assertion recently raised by Peter Pagin. I also argue that the repK account offers a satisfying explanation of selfless assertion, a counterexample to the knowledge account posed by Jennifer Lackey. (shrink)

In this paper, I will give a three-stage analysis of the origin of phenomenal consciousness. The first one has to do with a non-causal stage. The second one has to do with a causal stage. The third one has to do with a correlation stage. This paper is divided into three sections. In section I, I will discuss a non-causal stage which focuses on finite consciousness as an irreducible emergent property—i.e., a simple non-structural property that is unique to the “emergent” (...) level of reality. I will examine currently dominant accounts of the emergence of phenomenal consciousness—which require consciousness to have some sort of causal link to its base level. Those who think of the emergence of consciousness in casual terms, often have in mind, brain complexity as a source of such causality. However, the causal proposal faces two serious empirically supported objections, namely: the gametes problem and the complexity problem, respectively. The first objection deals with conception (i.e., fertilization) and the impossibility of tracking down/spotting the origin of consciousness at any point during the process of the development of a foetus. The second objection focuses on demonstrating that, no amount of analysis of the physical basis of complex brain will unfold anything substantial about the origin of consciousness. Both of these two objections show why the diachronic account of the origin of the phenomenal consciousness is hard to come by. In section II, I will discuss a causal stage which focuses on, how once it emerges, consciousness enters into the domain of causal interaction with brain states. This is the stage where we come across both ‘the explanatory gap problem’ and ‘the hard problem of consciousness.’ In section III, I will discuss the correlation stage which focuses on the manner in which phenomenal consciousness continues to co-exist with its physical base (e.g., brain). To show this, I will discuss the notion of correlation and its relation to causation. The upshot of my discussion in the above three sections will constitute the view I call the non-causal spontaneous emergence of phenomenal consciousness. According to the view I am proposing, there is no causal-link between strongly emergent property (in this case, consciousness) and its base level—although the base level (as far as we know) serves as a sufficient condition (but not as a necessary condition) for its emergence. In light of this, I conclude this paper by claiming that phenomenal consciousness is a strongly emergent property. (shrink)

In his seminal Discipline and Punish: The Birth of the Prison, Michel Foucault aims at outlining the historical course that led to the promulgation and consolidation of the institution of imprisonment as a means of punishment as well as narrating how the corresponding human type, i.e. the contemporary disciplined subject, has been shaped. Obviously, the disciplined subject gradually took the place of the tormented subject. Consequently, this study aims at describing the sequential mutations of the imposed punishment as it progressively (...) shifted from the spectacular slaughtering of the body to the strictly scientific manipulation of the non-material dimension of the human being. The reformation of the punitive practices “constructs” a docile body. It must be noticed, however, that this body is not necessarily guilty, since the disciplinary schemes concern everybody, even the most innocent sides of the everyday life as for example the hospital, the school or the barracks. Additionally, discipline is imposed through the division of the space, what Foucault calls the “art of allocation”, so that every working person is easily seen and supervised by the eye of the authority, while the disciplined subject is being forged gradually through the sense of responsibility before the flowing time. Foucault highlights the “political technology of the body”, that is its usurpation by the authorities, who aim at imposing to it adictated activity that produces palpable results in a binding frame of time. Although selective and brief, the present account of the punitive concepts of the three last centuries clarifies the fact that the authoritarian strategies are indissolubly interwoven with the different connotations of the human body, through the use of which they subdue human beings. (shrink)

Pourquoi l’essence réelle des choses n’est‑elle pas accessible à la science? La science, affirme Aristote, est incapable de nous dire pourquoi la nature se conforme à des ratios donnés. Nous sommes donc privés d’un concept reconnaissable de l’idéal, du monde en soi. La tâche du scientifique consiste, par conséquent, à rendre le monde intelligible à l’intérieur d’un domaine conceptuel qui exclurait l’idéal. D’où l’approche non réaliste du monde d’Aristote. Dès lors, la «réalité» des êtres naturels et des objets se reflète (...) dans nos engagements créatifs dans cette réalité afin d’en délimiter les instants. (shrink)

The paper discusses objections against non-hidden variable versions of the epistemic conception of quantum states—the view that quantum states do not describe the properties of quantum systems but reflect, in some way to be specified, the epistemic conditions of agents assigning them. In the first half of the paper, the main motivation for the epistemic conception of quantum states is sketched, and a version of it is outlined, which combines ideas from an earlier study of it with elements of Richard (...) Healey's recent pragmatist interpretation of quantum theory. In the second half, various objections against epistemic accounts of quantum states are discussed in detail, which are based on criticisms found in the literature. Possible answers by the version outlined here are compared with answers from the quantum Bayesian point of view, which is at present the most discussed version of the epistemic conception of quantum states. (shrink)

Trust is commonly defined as a metaphysically-hybrid notion involving an attitude and an action. The action component of trust is defined as a special form of reliance in which the trustor has: (1) heightened expectations of their trustee; and (2) a disposition to justifiably feel betrayed if their trust is broken. The first aim of this paper is to reject the view that trust is a form of reliance. -/- The second aim of this paper is to develop and defend (...) a non-reliance-based variation of Katherine Hawley’s commitment trust account. Roughly, on my variant account, if X trusts Y to ϕ, then X has a belief with the following counterfactual as its content: ‘if I were to rely on Y to keep a commitment to ϕ, then I believe that Y would keep that commitment to ϕ.’ I defend this account against the objection that non-reliance accounts cannot explain the intuition that trust involves heightened expectations, and that it elicits justified betrayal when broken. I also respond to the argument that such accounts can’t provide adequate explanations of therapeutic trust, which is taken to be a counterexample of belief trust insofar as it describes instances where trustors trust trustees despite not believing that they are trustworthy. (shrink)

I briefly defend a view I call nonetheism: the claim that God is a non-existent item. I develop a defense that might be acceptable to a theist, but I also note that arguments for atheism would also support this claim. As such, nonetheism is a form of theism that is actually supported by the case for atheism. I begin by showing that it is possible for there to be a non-existent object—that such an idea is coherent. I then argue that (...) a non-existent item is actual and follow this with a defense of the coherency of claiming that God is a non-existent object. The paper concludes by demonstrating that the doctrine of creatio ex nihilo entailsthe non-existence of God and so any evidence in support of creation from nothing is evidence in support of nonetheism. (shrink)

I briefly defend a view I call nonetheism: the claim that God is a non- existent item. I develop a defense that might be acceptable to a theist, but I also note that arguments for atheism would also support this claim. As such, nonetheism is a form of theism that is actually supported by the case for atheism. I begin by showing that it is possible for there to be a non-existent object—that such an idea is coherent. I then argue (...) that a non-existent item is actual and follow this with a defense of the coherency of claiming that God is a non-existent object. The paper concludes by demonstrating that the doctrine of creatio ex nihilo entails the non-existence of God and so any evidence in support of creation from nothing is evidence in support of nonetheism. (shrink)

In the recent Anglo-American philosophy of religion, significant attention has been given to the nature of faith. My goal is to show that some of the recent discussion of faith can be fruitfully brought to bear on a problem for a less globally well-known version of monotheism found in African Traditional Religion. I argue that African Traditional Religion could benefit from utilizing non-doxastic accounts of faith. For a significant number of Africans questioning authority or tradition, including the tenets of African (...) Traditional Religion is viewed as harmful to the community and hence beyond the pale. A non-doxastic account of faith would be helpful for adherents of African Traditional Religion who find themselves disbelieving yet wanting to continue in religious practice and maintain communal harmony. This is because a non-doxastic state such as hope is within one’s direct control and does not require as much evidential justification as rational belief. (shrink)

If moral responsibility requires uncaused action, as I believe, and if a reasons explanation of an action must be a causal explanation, as many philosophers of action suppose, then it follows that our responsible actions are ones we do for no reason, which is preposterous. In previous work I have argued against the second premise of this deduction, claiming that the statement that a person did A in order to satisfy their desire D will be true if the person, while (...) doing A, intended of that action that it contribute to satisfying their desire D, a condition that does not entail any causal connection between the explaining desire and the explained action. This claim has received trenchant criticism from Randolph Clarke. The main part of the present paper responds to Clarke’s latest objections. The rest of the paper addresses another worry about my account : does my non-causal sufficient condition hold as widely as it needs to if responsible, uncaused actions are as widespread as we would like to think? (shrink)

Wrongdoing and the Moral Emotions provides an account of how we might effectively address wrongdoing given challenges to the legitimacy of anger and retribution that arise from ethical considerations and from concerns about free will. The issue is introduced in Chapter 1. Chapter 2 asks how we might conceive of blame without retribution, and proposes an account of blame as moral protest, whose function is to secure forward-looking goals such as the moral reform of the wrongdoer and reconciliation in relationships. (...) Chapter 3 considers whether it's possible to justify effectively dealing those who pose dangerous threats if they do not deserve to be harmed, and contends that wrongfully posing a threat is the core condition for the legitimacy of defensive harming. Chapter 4 provides an account of how to treat criminals without a retributive justification for punishment, and argues for an account in which the right of self-defense provides justification for measures such as preventative detention. Chapter 5 considers how we might forgive if wrongdoers don't basically deserve the pain of being resented, which forgiveness would then renounce, and proposes that forgiveness be conceived instead as renunciation of the stance of moral protest. Chapter 6 considers how personal relationships might function without retributive anger having a role in responding to wrongdoing, and contends that the stance of moral protest, supplemented with non-retributive emotions, is sufficient. Chapter 7 surveys the options for theistic and atheistic attitudes regarding the fate of humanity in a deterministic universe, and defends an impartial hope for humanity. (shrink)

In recent attempts to define ‘harm’, the most promising approach has often been thought to be the counterfactual comparative account of harm. Nevertheless, this account faces serious difficulties. Moreover, it has been argued that ‘harm’ cannot be defined without reference to a substantive theory of well-being, which is itself a fraught issue. This has led to the call for the concept to simply be dropped from the moral lexicon altogether. I reject this call, arguing that the non-comparative approach to defining (...) harm has not been sufficiently explored. I then develop such an account that avoids the difficulties faced by comparative accounts whilst not presupposing a substantive theory of well-being. I conclude that this definition renders a concept of harm that can be meaningfully employed in our moral discourse. (shrink)

Focusing on the section ‘Absolute Freedom and Terror’ of the Phenomenology of Spirit, this article argues that the method Hegel employs in this work does not capture the full significance of the French Revolution. I claim that Hegel’s method is reformist rather than revolutionary: Hegel deliberately restricts his analyses to transformations that occur within the element of thought and presents the changes that occur within this element as logically ensuing from one another. This approach, I argue, is at odds with (...) the very concept of a revolution. Seen in this way, efforts to frame Hegel’s philosophy as revolutionary are misguided. (shrink)

Contemporary approaches to “non-market accounting” depend critically on methods of “monetization,” i.e., determining prices for goods outside the market. Monetization constitutes a case of economic measurement in a narrow sense that has not yet been analyzed in the literature on measurement in economics. Monetization, I will argue, uses homo economicus—originally created as a model to explain existing prices—as a measuring device, one that generates new prices for goods that are not traded on markets. Homo economicus, though long contested in microeconomics, (...) is thus enjoying a dubious revival in non-market accounting. (shrink)

The debate in philosophy of science in the twentieth century over the theory-laden-ness of observation showed both that there are many ways in which scientific observation depends on theory, and also highlighted some ways in which it is blind to theoretical assumptions. Debates in the philosophy of medicine have shown how concepts and theories of illness are value-laden, especially in psychiatry. Kious in his helpful and stimulating target article argues that the mainstream approach to autonomy depends on assumptions about value, (...) and this conclusion is surely correct. However, his focus on the concept of non-voluntariness is problematic, as I argue, and we are better off not seeing it as laden with. (shrink)

Focusing on the section ‘Absolute Freedom and Terror’ of the Phenomenology of Spirit, this article argues that the method Hegel employs in this work does not capture the full significance of the French Revolution. I claim that Hegel’s method is reformist rather than revolutionary: Hegel deliberately restricts his analyses to transformations that occur within the element of thought and presents the changes that occur within this element as logically ensuing from one another. This approach, I argue, is at odds with (...) the very concept of a revolution. Seen in this way, efforts to frame Hegel’s philosophy as revolutionary are misguided. (shrink)

This paper defends my claim in earlier work that certain non-causal conditions are sufficient for the truth of some reasons explanations of actions, against the critique of this claim given by Randolph Clarke in his book, Libertarian Accounts of Free Will.

Enaction, as put forward by Varela and defended by other thinkers (notably Alva Noë, 2004; Susan Hurley, 2006; and Kevin O’Regan, 1992), departs from traditional accounts that treat mental processes (like perception, reasoning, and action) as discrete, independent processes that are causally related in a sequen- tial fashion. According to the main claim of the enactive approach, which Thompson seems to fully endorse, perceptual awareness is taken to be a skill-based activity. Our perceptual contact with the world, according to the (...) enactionists, is not mediated by representations but is enacted, and the notion of representation, belonging to the classic computational paradigm, has no place in this alternative approach. Though Thompson does not pronounce directly on the issue of representationalism, he is most definitely keeping the company of anti-representationalists, and in that context it is not unreasonable to take his silence for consent. In this paper, we will argue that the enactive approach to imagery is unworkable unless it makes appeal to representations, understood in a particular way. Not understood as pictures, to be sure. Or sentences for that matter. But those aren’t the only options. (shrink)

In this paper, I reference a Paradigm Case Core Conception of Violence, which each individual has, and can share with others to various degrees. This is shown to imply that because we cannot get at violence itself, and can only interpret violence in relationships that involve humans, we cannot avoid politicizing our conceptions of violence in our empathic, intersubjective relationships. This is demonstrated by outlining various claims concerning violence, and by utilizing Edith Stein's phenomenological account on empathy and intersubjectivity, and (...) Alfred Schütz’s characterizations of commonsense constructs and typicalities, as well as theorists who define violence in reductive and non-reductive ways. (shrink)

In May, 2016 the Diet passed a law on the “Promotion of efforts to eliminate unfair discriminatory speech and behaviour against people originating from outside Japan”, widely referred to as ヘイトスピーチ法 (_Heito Supiichi Hō_ /Hate Speech Law). For some residents of Japan it had been a long time coming. Without any laws specifically prohibiting racially discriminatory speech or writing, aggrieved parties had hitherto been forced to resort to indirect lines of protection. In 1999, for example, a Brazilian national ejected from (...) a jewelry shop displaying a poster saying “No foreigners allowed” obtained a favourable ruling citing Japan’s ratification of the International Convention on the Elimination of All Forms of Racial Discrimination; and in 2013 an injunction for defamation and obstruction of business was granted on behalf of a school for children of North Korean descent repeatedly subjected to provocative demonstrations. But others questioned the need to reinforce limits on freedom of expression even in the face of aggressive taunts, with some claiming that incidents of racial discrimination in Japan lacked the historical, entrenched and violent dimensions that had prompted hate speech laws in Europe and elsewhere. When the text of the proposed law became public there was also debate about its utility as such an abstract measure seemed inapplicable to many potential victims and lacked punitive sanctions. Against this criticism it could be argued that the law went about as far as the government could expect to go if it were to get it passed; that it appears to be curtailing a particularly aggressive form of hate speech; and that it has ushered in a number of more specific initiatives, especially at local level. This study will begin with the 2016 text itself, drawing on the semiotic framework of Systemic Functional Grammar to explore how it prioritises general principles over specific regulations. This textual analysis will be followed by a contextual account of why the Law was constructed as it was, how it has influenced awareness of hate speech, and where it fits in with an existing genre of non-coercive legislation in Japan. (shrink)

Recent years have seen the rise of ‘Just Culture’ as an ideal in the patient safety movement, with numerous hospitals and professional organisations adopting a Just Culture response to incidents ranging from non-culpable human error to intentional misconduct. This paper argues that there is a deep problem with the Just Culture model, resulting from its impoverished understanding of the value of punitive, fundamentally backward-looking, practices of holding people accountable. I show that the kind of ‘accountability’ and ‘punishment’ contemporary (...) Just Culture advocates endorse disrespects both patients and providers. I claim, first, that punishment is good because it respects participants in the healthcare system by restoring an equilibrium of social and moral status that wrongdoing disturbs, and, second, that it only does so when it communicates a backward-looking message of resentful blame. (shrink)

Certain non-voluntarists have recently defended political authority by advancing two-part views. First, they argue that the state, or the law, is best (or uniquely) capable of accomplishing something important. Second, they defend a substantive normative principle on which being so situated is sufficient for de jure authority. This paper uses widely accepted tenets to show that all such defenses of authority fail.

: The problem of intersubjectivity has undergone multifold discussions in the philosophical, neuroscientific and psychological fields. Currently, the predominant theories in this ongoing debate contend that simulation or explicit reasoning must ground other-understanding. Yet this contention confines the subject to solipsistic self-projection without actual communication. I will provide an analysis suggesting that the roots of the concept of “empathy” reveal not only a dualistic inner-outer distinction but also an emerging reference to the bodily dimension. I claim that, by examining the (...) verifiable-in-experience ideas of expressivity and dynamical value-based perception, the limits of the Theory Theory and of the Simulation Theory are resolved by means of a direct perceptual encounter that implies a unitary and never-isolated subject. I aim at showing that perception-based empathy provides an adequate basis for considering social dimensions from intersubjectivity to shared agency, since it allows for both direct embodied communication in cooperation and for the autonomy of agents involved in a collective domain. Keywords : Empathy; Expressivity; Embodiment; Perception; Collective Intentionality Esperire l’altro. Come espressività e percezione fondata sul valore forniscono un approccio non solipsistico all’empatia Riassunto : Il problema dell’intersoggettività è stato oggetto di diversi dibattiti in ambito filosofico, neuroscientifico e psicologico. Le teorie oggi dominanti si interrogano se debba essere la simulazione o il ragionamento esplicito il fondamento della comprensione dell’altro. Tuttavia, questa discussione confina il soggetto in una solipsistica proiezione di sé, priva di reale comunicazione. Proporrò un’analisi che suggerisce come le radici del concetto di “empatia” rivelino non solo una distinzione dualista tra interno ed esterno, ma anche un riferimento emergente alla dimensione corporea. Sosterrò che, esaminando concetti verificabili nell’esperienza quali espressività e percezione dinamica fondata sul valore, i limiti della Theory Theory e della Simulation Theory vengono dissolti dall’incontro percettivo diretto, che considera il soggetto come unitario e mai isolato. Intendo mostrare come l’empatia fondata sulla percezione costituisca una buona base per considerare dimensioni differenti, dall’intersoggettività all’agentività condivisa, poiché riconosce in entrambe una comunicazione diretta incarnata, che rispetta la cooperazione, ma anche l’autonomia, degli agenti coinvolti in dominio collettivo. Parole chiave : Empatia; Espressività; Embodiment; Percezione; Intenzionalità collettiva. (shrink)

The aim of this thesis is to advance a philosophically justifiable account of Artificial Moral Agency (AMA). Concerns about the moral status of Artificial Intelligence (AI) traditionally turn on questions of whether these systems are deserving of moral concern (i.e. if they are moral patients) or whether they can be sources of moral action (i.e. if they are moral agents). On the Organic View of Ethical Status, being a moral patient is a necessary condition for an entity to qualify as (...) a moral agent. This view claims that because artificial agents (AAs) lack sentience, they cannot be proper subjects of moral concern and hence cannot be considered to be moral agents. I raise conceptual and epistemic issues with regards to the sense of sentience employed on this view, and I argue that the Organic View does not succeed in showing that machines cannot be moral patients. Nevertheless, irrespective of this failure, I also argue that the entire project is misdirected in that moral patiency need not be a necessary condition for moral agency. Moreover, I claim that whereas machines may conceivably be moral patients in the future, there is a strong case to be made that they are (or will very soon be) moral agents. Whereas it is often argued that machines cannot be agents simpliciter, let alone moral agents, I claim that this argument is predicated on a conception of agency that makes unwarranted metaphysical assumptions even in the case of human agents. Once I have established the shortcomings of this “standard account”, I move to elaborate on other, more plausible, conceptions of agency, on which some machines clearly qualify as agents. Nevertheless, the argument is still often made that while some machines may be agents, they cannot be moral agents, given their ostensible lack of the requisite phenomenal states. Against this thesis, I argue that the requirement of internal states for moral agency is philosophically unsound, as it runs up against the problem of other minds. In place of such intentional accounts of moral agency, I provide a functionalist alternative, which makes conceptual room for the existence of AMAs. The implications of this thesis are that at some point in the future we may be faced with situations for which no human being is morally responsible, but a machine may be. Moreover, this responsibility holds, I claim, independently of whether the agent in question is “punishable” or not. (shrink)

In this paper I provide an exposition and critique of the Organic View of Ethical Status, as outlined by Torrance (2008). A key presupposition of this view is that only moral patients can be moral agents. It is claimed that because artificial agents lack sentience, they cannot be proper subjects of moral concern (i.e. moral patients). This account of moral standing in principle excludes machines from participating in our moral universe. I will argue that the Organic View operationalises anthropocentric intuitions (...) regarding sentience ascription, and by extension how we identify moral patients. The main difference between the argument I provide here and traditional arguments surrounding moral attributability is that I do not necessarily defend the view that internal states ground our ascriptions of moral patiency. This is in contrast to views such as those defended by Singer (1975, 2011) and Torrance (2008), where concepts such as sentience play starring roles. I will raise both conceptual and epistemic issues with regards to this sense of sentience. While this does not preclude the usage of sentience outright, it suggests that we should be more careful in our usage of internal mental states to ground our moral ascriptions. Following from this I suggest other avenues for further exploration into machine moral patiency which may not have the same shortcomings as the Organic View. (shrink)

This thesis provides an account of acquaintance with abstract objects. The notion of acquaintance is integral to theorising on reference and singular thought, since it is generally taken to be the relation that must exist between a subject and an object, in order for the subject to refer to, and entertain singular thoughts about the object. The most common way of understanding acquaintance is as a form of causal connection. However, this implies a problem. We seem to be able to (...) refer and have singular thoughts about abstract objects. But given that abstract objects are causally inert, this would mean that we are unable to become acquainted with them. This problem shall be the focus of this thesis. I first argue that these traditional causal interpretations of acquaintance are lacking. Instead, I show that acquaintance is dependent to some degree on factors internal to the subject, namely the skills that they possess. From doctors to sommeliers to mathematicians (and possibly even philosophers!) – these subjects seem to succeed in becoming acquainted with certain objects precisely in virtue of their respective skills. Thus, building off from Evans’ The Varieties of Reference, I present a novel account of acquaintance, which I term as Skill-based Acquaintance (SBA). On SBA, a subject is said to be acquainted with an object when they possess discriminating knowledge of that object, gained through the use of their capacities and skills. The SBA account is applied to virtual (Ch.3), fictional (Ch.4), and mathematical objects (Ch.5), as well as God (Ch.6). SBA is successful in explaining how subjects can indeed become acquainted with these problematic categories of objects - some of which are abstract – thus being able to refer and entertain singular thoughts about them. Overall, then, SBA is shown to have greater explanatory power than competing accounts and should thus be preferred. (shrink)

In various of my writings, both in Philosophical Studies and elsewhere, I have argued that an account of trying sentences is available that does not require quantification over alleged attempts or tryings. In particular, adverbial modification in such sentences can be dealt with, without quantification over any such particulars. In ‘Attempts’, Jonathan D. Payton (Payton, 2021) has sought to dispute my claim. In this paper, I consider his claims and reply to them. I believe that my account withstands such scrutiny.