Purdue Pharma was being investigated by United States Civil and Criminal compliance agencies for many years and a conclusion has now been reached. Although successful , this author feels that such extremely serious corporate frauds must also punish senior individual executives with long jail sentences -in this case-corporate manslaughter.

Apology is arguably the central act of the reparative work required after wrongdoing. Claudia Card’s (1940-2015) analysis of complicity in collectively perpetrated evils moves one to ask whether apology ought to be requested of persons culpably complicit in institutional evils. To better appreciate the benefits of and barriers to apologies offered by culpably complicit wrongdoers, this article examines doctors’ complicity in a practice that meets Card’s definition of an evil, namely, the non-medically necessary, nonconsensual “normalizing” interventions performed on babies born (...) with intersex anatomies. It argues that in this instance, the complicity of doctors is culpable on Card’s terms, and that their culpable complicity grounds rightful demands for them to apologize. (shrink)

Apology is arguably the central act of the reparative work required after wrongdoing. The analysis by Claudia Card of complicity in collectively perpetrated evils moves one to ask whether apology ought to be requested of persons culpably complicit in institutional evils. To better appreciate the benefits of and barriers to apologies offered by culpably complicit wrongdoers, this article examines doctors’ complicity in a practice that meets Card's definition of an evil, namely, the non-medically necessary, nonconsensual “normalizing” interventions performed on babies (...) born with intersex anatomies. It argues that in this instance the complicity of doctors is culpable on Card's terms, and that their culpable complicity grounds rightful demands for them to apologize. (shrink)

According to hedonistic act utilitarianism, an act is morally right if and only if, and because, it produces at least as much pleasure minus pain as any alternative act available to the agent. This dissertation gives a partial defense of utilitarianism against two types of objections: action guidance objections and intuitive objections. In Chapter 1, the main themes of the dissertation are introduced. The chapter also examines questions of how to understand utilitarianism, including (a) how to best formulate the moral (...) explanatory claim of the theory, (b) how to best interpret the phrase "pleasure minus pain," and (c) how the theory is related to act consequentialism. The first part (Chapters 2 and 3) deals with action guidance objections to utilitarianism. Chapter 2 defines two kinds of action guidance: doxastic and evidential guidance. It is argued that utilitarianism is evidentially but not doxastically guiding for us. Chapter 3 evaluates various action guidance objections to utilitarianism. These are the objections that utilitarianism, because it is not doxastically guiding, is a bad moral theory, fails to be a moral theory, is an uninteresting and unimportant moral theory, and is a false moral theory. The second part (Chapters 4, 5 and 6) deals with intuitive objections to utilitarianism. Chapter 4 presents three intuitive objections: Experience Machine, Transplant, and Utility Monster. Three defenses of utilitarianism are subsequently evaluated. Chapter 5 and 6 introduces two alternative defenses of utilitarianism against intuitive objections, both of which concern the role that imagination plays in thought experimentation. In Chapter 5, it is argued that we sometimes unknowingly carry out the wrong thought experiment when we direct intuitive objections against utilitarianism. In many such cases, we elicit moral intuitions that we believe give us reason to reject utilitarianism, but that in fact do not. In Chapter 6, it is argued that using the right kind of sensory imagination when we perform thought experiments will positively affect the epistemic trustworthiness of our moral intuitions. Moreover, it is suggested that doing so renders utilitarianism more plausible. In Chapter 7, the contents of the dissertation are summarized. (shrink)

Ferenc Huoranszki argues for two main claims in the ninth chapter of Freedom of the Will: A Conditional Analysis (Huoranszki 2011). First, Huoranszki tries to show that libertarian restrictivism is false because self-determination in the libertarian sense is not necessary for our responsibility, even if motives, reasons or psychological characteristics can influence us relatively strongly to choose one or the other alternative. second, Huoranszki rejects the so-called manipulation argument.1 this is an argument for the conclusion that unless physical (...) indeterminism is true, nobody can be morally responsible because our behavior is never independent enough of our environment. Therefore, according to Huoranszki, neither libertarian self-determination nor physical indeterminism is required for moral responsibility. in my view, Huoranszki’s counterarguments do not defeat libertarian restrictivism. How- ever, they can force philosophers who defend this theory to modify or refine it. i analyze Huoranszki’s arguments against libertarian self-determination in the first part of my paper. in the second part, I briefly argue for one supervenience argument inspired by a similar objection made earlier (bács 2012). According to this modified argument, Huoranszki’s theory about abilities and responsibility would entail that if physical determinism is true then we are responsible for our ordinary actions only because we are able to do miraculous acts as well. if this objection is correct, Huoranszki’s compatibilism is unsuccessful. (shrink)

The Antiquities Act gives the president the power to designate “objects of historic or scientific interest” as “national monuments.” Presidents have used this power expansively, protecting massive tracts of federal land, often by claiming that very large things, such as the Grand Canyon or even entire landscapes, are “objects” in the requisite sense. There is legal debate over such uses of the Act, with critics arguing that they depart from the original intent and meaning of the legislation. What has (...) been less discussed, however, is whether the Act allows presidents to protect just the object of interest (whatever it turns out to be), or whether it allows presidents to protect a substantial amount of land around objects of interest. I draw from language in the Antiquities Act and existing case law to argue the latter. Due to the nature of “historic and scientific interest,” protecting an object with such interest often requires protecting certain features of the broader landscape. This holds regardless of what counts as an “object of interest.” As a result, it offers a way to argue on certain critics’ own grounds for more expansive designations: even granting a narrow, originalist conception of what qualifies as an “object,” large designations can be justified. (shrink)

In the Ethics, Spinoza famously rejects freedom of the will. He also offers an error theory for why many believe, falsely, that the will is free. Standard accounts of his arguments for these claims focus on their efficacy against incompatibilist views of free will. For Spinoza, the will cannot be free since it is determined by an infinite chain of external causes. And the pervasive belief in free will arises from a structural limitation of our self-knowledge: because we are (...) aware of our actions but unaware of their causes, we suppose that we alone must be responsible for them. Yet I argue that the standard accounts miss a further element of Spinoza’s arguments that also targets compatibilist views on which free will is consistent with a specific kind of determination—namely, self-determination in accordance with our value judgments. For Spinoza, we are misled not only in supposing that our actions lack external determination but also in thinking that they are determined by our representations of value. In fact, our actions are determined by our appetites, which are blind to our value judgments. And the pervasive belief that our actions are determined by such judgments arises from the projection of value onto the objects we seek. As he denies us free will, then, Spinoza also denies us a capacity central to agency—the capacity to determine our actions in accordance with our ideas of the good. This makes his arguments against free will more consequential, and more radical, than commonly assumed. (shrink)

Russia took the advantage of the contribution of the Armenian armed organizations in order to possess Istanbul, straits around it, Eastern Anatolia, to weaken Turkey, to be strengthen in the Southern Caucasus, organized the rebellion of the Armenians living in Turkey against the government. Russian ruling circles put forward the Armenian matter in order to take advantage of them. Armenians involved in the war to create their own government by obtaining the territory including Van, Bitlis, Tigranakert, Erzurum, Kharberd and Sebastya, (...) as well as Cilicia from Turkey, to solve their Armenian problem. But in fact, Russia, France and England tried to blow to Turkey pretending to try for building an independent Armenian government. The grade of contribution of Armenian military units in the First World War can be characterized as following: 1. Creating the Armenian volunteer units. 2. Establishing the regular battalions and infantry regiments and forming the national corpuses. The organizations of Hnchak and Dashnaksutyun actively participated in creating the Armenian volunteer units. Dashnaks mobilized 40 000 people to destroy the Turkish people. They established tens of khumbas. The Armenian volunteer units were commanded by Andranic Ozanyan, Dro, Amazasp, Keri, Checho, Vardan and others terrorists. Armenian volunteer units which were supposed to move in 4 directions, should act in the directions where the Armenian people were densely populated. These 4 Armenian volunteer units fight against Turks in all important combat operations from Sarigamish to Erzurum. The same time Russian army and Armenians triggered the rebellion of the local population against the Turkish government. 50000 of Armenians were fighting in French, England and USA armies. The Eastern legion of Armenians was established in French army on November 1916. On November 15, 1918, the Eastern Legion was named Armenian legion. The number of the Armenians in the legion riched to 4000. In the beginning of 1916, there was an announcement about subordination of the military detachments to army and establishment of infantry regiments based on that. Establishment of the separate Armenian corpus started at the end of December 1917. In 1917, 8 Armenian shooter regiments were established. From the mentioned 8 regiments two Armenian shooter divisions, the special Armenian division of Andranic, 3 infantry brigades of western Armenians in the Southern Caucasus region, some guerrilla troops in Erevan, Igdir guerrilla infantry and rider regiments, Zeytun regiment in Tbilisi were established. At present, Armenia often raises false claims such as the "Armenian genocide" in the parliaments of the world, trying to confirm this lie. This research proves that Armenians betrayed the Ottoman state during the First World War and also committed Turkish genocides. (shrink)

Largely thanks to Mill’s influence, the suggestion that the state ought to restrict the distribution of misinformation will strike most philosophers as implausible. Two of Mill’s influential assumptions are particularly relevant here: first, that free speech debates should focus on moral considerations such as the harm that certain forms of expression might cause; second, that false information causes minimal harm due to the fact that human beings are psychologically well equipped to distinguish truth and falsehood. However, in addition to (...) our moral obligations, we also have a distinct set of epistemic obligations—and even when a false belief doesn’t harm anyone, it constitutes an epistemically bad outcome. Moreover, Mill was profoundly mistaken about human psychology: human beings are vulnerable to the influence of a wide variety of false claims via a wide variety of psychological mechanisms. Consequently, there is a purely epistemic justification for restricting the distribution of misinformation: because each of us has an individual epistemic obligation to avoid unnecessary exposure to misinformation, and because avoiding such exposure is simply too difficult when acting alone, we all have a shared epistemic obligation to establish laws or regulations restricting the widespread distribution of misinformation. (shrink)

This paper is not so much concerned with the question under which circumstances self-defense is justified, but rather with other normative features of self-defense as well as with the source of the self-defense justification. I will argue that the aggressor’s rights-forfeiture alone – and hence the liberty-right of the defender to defend himself – cannot explain the intuitively obvious fact that a prohibition on self-defense would wrong victims of attack. This can only be explained by conceiving of self-defense also as (...) a claim-right. However, I will also argue that a claim-right cannot ground the self-defense justification either. Rather, what grounds the self-defense justification and its particular strength and scope is the fact that self-defense is an act-specific agent-relative prerogative: a defender is allowed to give particularly grave weight to his interest in engaging in self-defense, which distinguishes self-defense from most other acts. This is not the same as saying that he has a right or a liberty to engage in self-defense. Thus, self-defense, understood as a normative concept, is a claim-right, a liberty-right, and an act-specific agent-relative prerogative. (shrink)

Many times, what we say proves to be wrong. It might turn out that what we took to be a comforting remark was, in fact, making things worse. Or that a joke was inappropriate. Or that yelling out loud was rude. More importantly for this paper, there are plenty of cases in which what we said turns out to be false: we spoke without paying attention, we were misinformed or tricked, or we made a reasoning mistake. -/- A particular (...) instance of this latter phenomenon is when someone changes their perspective and doesn't find their previous assertions true anymore. For example, imagine that you used to like licorice as a child, and that you went around saying things like "Licorice is tasty." But, growing up, you find licorice too strong and quite boring; your tastes have changed. While the taste of licorice itself has not changed, you are not going around anymore uttering "Licorice is tasty." In fact, in certain cases, you might even think that what you said in your childhood was wrong - at least in light of your present preferences. -/- Sometimes we "take back" the assertions we made when we realize they are no longer true. Such speech acts of taking back can be performed in various ways: more formally, as effected in a court of law or when an official speaks to the press, or more informally in our day-by-day interactions. These acts of taking back are known as retraction. Retraction is usually achieved by employing certain linguistic markers ('I was wrong', 'I was mistaken', 'I retract', "Scratch that' etc.) that signal that the retractor takes their previous speech act to be faulty in a certain way. -/- This phenomenon has formed the basis for a popular argument used by relativists about a variety of natural language expressions (predicates of taste, epistemic modals, moral and aesthetic claims etc.) in support of their view. Recently, several considerations (mostly from contextualists about the same expressions), both from the armchair and based on empirical studies, have been offered to undercut the support retraction was thought to provide for relativism. In this paper, I consider and re-evaluate that support in light of both types of considerations, showing that neither of them decisively undermines it. However, to survive the contextualist counterattack, the relativist needs to pay a price: that is, she will be forced to make some concessions or rethink certain claims. I show what I think those concessions should be and what needs to be rethought (and how). The upshot is that, while the support retraction offers relativism is not as strong as initially believed, appeal to retraction remains a legitimate move in the debate. In section 1, I introduce the views in the debate and clarify the phenomenon of retraction and its dialectical role. Armchair data are investigated in section 2, proper experimental studies in section 3, while section 4 summarizes and concludes. (shrink)

The starting point regarding consent has to be that it is both extremely important, and that it is often suspicious. In this article, the author tries to make sense of both of these claims, from a largely liberal perspective, tying consent, predictably, to the value of autonomy and distinguishing between autonomy as sovereignty and autonomy as nonalienation. The author then discusses adaptive preferences, claiming that they suffer from a rationality flaw but that it's not clear that this flaw matters (...) morally or politically. What matters is whether they suffer from an autonomy flaw. To answer this question, the author develops an account of autonomy failure, according to which a preference is nonautonomous if an injustice played an appropriate role in its causal history. The author then discusses the moral implications—and in an initial way, the political ones as well—of proclaiming a preference, or consent based on it, nonautonomous in this way. (shrink)

Some opponents of abortion claim that fetuses are persons from the moment of conception. Following Berg (2017), let us call these individuals “Personhood-At-Conception” (or PAC), opponents of abortion. Berg argues that if fetuses are persons from the moment of conception, then miscarriage kills far more people than abortion. As such, PAC opponents of abortion face the following dilemma: They must “immediately” and “substantially” shift their attention, resources, etc., toward preventing miscarriage or they must admit that they do not actually believe (...) that fetuses are persons from the moment of conception (or, at least, they must recognize that they are not acting in ways that are consistent with this belief). In this essay, I show that Berg’s argument fails at each step. Specifically, after outlining her argument (in section 1), I consider the central claim of Berg’s style of argument: That “miscarriage…is much deadlier than abortion.” In section 2, I argue that this claim is false (when taken literally) and misleading otherwise. In section 3, I show that Berg’s style of argument is identical in structure to a criticism that is sometimes levied against the recent “Black Lives Matter” movement. In the latter context, the argument has been vehemently rejected. I argue that Berg’s style of argument should be rejected for the same reasons. Finally, in section 4, I show that Berg’s suggestion that opponents of abortion should divert “substantial” amounts of money and attention to miscarriage prevention faces two problems. First, these claims are made without any evidence regarding the actual priorities and spending habits of PAC opponents of abortion. If we are told “not enough is being done,” one wonders: What is being done and how much counts as “enough”? Berg gives no answer to either question. Second, even if it is true that opponents of abortion do not pay substantial attention to miscarriage prevention, Berg fails to notice that this may be for good reason. I conclude that PAC opponents of abortion do not face the dilemma that Berg presents. (shrink)

Recently, several philosophers have recast feminist arguments against pornography in terms of Speech Act Theory. In particular, they have considered the ways in which the illocutionary force of pornographic speech serves to set the conventions of sexual discourse while simultaneously silencing the speech of women, especially during unwanted sexual encounters. Yet, this raises serious questions as to how pornographers could (i) be authorities in the language game of sex, and (ii) set the conventions for sexual discourse - questions which these (...) speech act-theoretic arguments against pornography have thus far failed to adequately answer. I fill in this gap of the argumentation by demonstrating that there are fairly weak standards for who counts as an authority or convention-setter in sexual discourse. With this analysis of the underpinnings of a speech act analysis of pornography in mind, I discuss a range of possible objections. I conclude that (i) the endorsement of censorship by a speech act analysis of pornography competes with its commitment to the conventionality of speech acts, and, more damningly, that (ii), recasting anti-pornography arguments in terms of linguistic conventions risks an unwitting defence of a rapist's lack of mens rea - an intolerable result; and yet resisting this conclusion requires that one back away from the original claim to women's voices being 'silenced'. (shrink)

Moore’s paradox, the infamous felt bizarreness of sincerely uttering something of the form “I believe grass is green, but it ain’t”—has attracted a lot of attention since its original discovery (Moore 1942). It is often taken to be a paradox of belief—in the sense that the locus of the inconsistency is the beliefs of someone who so sincerely utters. This claim has been labeled as the priority thesis: If you have an explanation of why a putative content could not be (...) coherently believed, you thereby have an explanation of why it cannot be coherently asserted. (Shoemaker 1995). The priority thesis, however, is insufficient to give a general explanation of Moore-paradoxical phenomena and, moreover, it’s false. I demonstrate this, then show how to give a commitment-theoretic account of Moore Paradoxicality, drawing on work by Bach and Harnish. The resulting account has the virtue of explaining not only cases of pragmatic incoherence involving assertions, but also cases of cognate incoherence arising for other speech acts, such as promising, guaranteeing, ordering, and the like. (shrink)

I present a counterexample to the claim that it is never true to say "I falsely believe that so-and-so." .

It is difficult to be a philosopher in this postmodern era. This is so because philosophers, who heretofore have been the archetype of persons eager to engage in reasoned discourse, regardless of their differences, suddenly seem unable to talk to each other, primarily due to claim by postmoderns that non-postmoderns are naïve in their blindness to the fact that truth the claims cannot be true in any objective sense, and that claims to objectivity have been used maliciously throughout (...) the ages to wield oppression. After exploring some of the seductive arguments of the post-modern position, and suggesting a re-working of the non-post-modern position, this paper will conclude that philosophical educators carry a heavy responsibility for limiting the real-life damage that has been produced by this philosophical truth-storm by siding firmly with its less contentious opposite by becoming guardians of the possibility that claims can be false. (shrink)

Many authors have argued that epistemic rationality sometimes comes into conflict with our relationships. Although Sarah Stroud and Simon Keller argue that friendships sometimes require bad epistemic agency, their proposals do not go far enough. I argue here for a more radical claim—romantic love sometimes requires we form beliefs that are false. Lovers stand in a special position with one another; they owe things to one another that they do not owe to others. Such demands hold for beliefs as (...) well. Two facets of love ground what I call the false belief requirement , or the demand to form false beliefs when it is for the good of the beloved: the demand to love for the right reasons and the demand to refrain from doxastic wronging. Since truth is indispensable to epistemic rationality, the requirement to believe falsely, consequently, undermines truth norms. I demonstrate that, when the false belief requirement obtains, there is an irreconcilable conflict between love and truth norms of epistemic rationality: we must forsake one, at least at the time, for the other. (shrink)

“We are animals.” That’s what animalists say—that’s their slogan. But what animalists mean by their slogan varies. Many animalists are adamant that what they mean—and, indeed, what the true animalist thesis is—is that we are identical to animals (human animals, to be precise). But others say that’s not enough. They say that the animalist thesis has to be something more—perhaps that we are essentially or most fundamentally human animals. This paper argues that, depending on how we understand it, animalism is (...) either false or uninteresting. If animalism is just the claim that we are identical to animals, then it is uninteresting. For it doesn’t provide an answer to the question it’s meant to address. On the other hand, if animalism entails a stronger claim, such as that we are essentially animals, then animalism is false. Either way, we should set animalism aside. (shrink)

A well-known debate in normative ethics is that between proponents of Act Consequentialism and Rule Consequentialism. Given the structural similarities between Rule Consequentialism and existing forms of Contractualism, one might expect a similar debate to arise among contractualists. However, this is not the case. Some, following T. M. Scanlon, even argue that this question is “misconceived” – that there is something deeply mistaken about considering the possibility of an act-based form of contractualism. In this paper, I challenge this claim.

Sometimes, in the Nicomachean Ethics (NE), Aristotle describes virtuous actions as the sorts of actions that are ends; it is important for Aristotle to do so if he wants to maintain, as he seems to at least until NE 10.7-8, that virtuous actions are a constituent of eudaimonia. At other times, he claims that virtuous actions are the sorts of actions that are for the sake of ends beyond themselves; after all, no one would choose to go into battle (...) or give away a significant portion of their wealth if it did not realize some good end. In this paper, I review the familiar problem raised by Aristotle's discussion of the nature of virtuous actions, propose a solution to this problem by appealing to a distinction between virtuous actions and 'acting virtuously', and sketch the significance of this solution for understanding the relationship between virtue and human happiness. (shrink)

The ‘rollback argument,’ pioneered by Peter van Inwagen, purports to show that indeterminism in any form is incompatible with free will. The argument has two major premises: the first claims that certain facts about chances obtain in a certain kind of hypothetical situation, and the second that these facts entail that some actual act is not free. Since the publication of the rollback argument, the second claim has been vehemently debated, but everyone seems to have taken the first claim (...) for granted. Nevertheless, the first claim is totally unjustified. Even if we accept the second claim, therefore, the argument gives us no reason to think that free will and indeterminism are incompatible. Furthermore, seeing where the rollback argument goes wrong illuminates how a certain kind of incompatibilist, the ‘chance-incompatibilist,’ ought to think about free will and chance, and points to a possibility for free will that has remained largely unexplored. (shrink)

Act-consequentialism (C) is self-effacing for an agent iff that agent’s not accepting C would produce the best outcome. The question of whether C is self-effacing is important for evaluating C. Some hold that if C is self-effacing that would be a mark against it (Williams 1973: 134); however, the claim that C is self-effacing is also used to defend C against certain objections (Parfit 1984: Ch. 1, Railton 1984). -/- In this paper I will show that one argument suggested by (...) Parfit and Railton fails to establish that C is self-effacing for individuals. However, a slightly different argument may show that C is self-effacing for groups. This raises the intriguing possibility that it might be right for an individual, but not for a group of which they are a member, to accept a moral theory. This possibility, odd though it seems, might be helpful to consequentialists. (shrink)

This paper provides an analysis of the phrase ‘acting on behalf of another.’ To do this, acting on behalf is first distinguished from ‘acting for the sake of another,’ the latter being a matter of other-directed motivation, the former of what we call ‘normative other-directedness’—i.e., acting on the claims and duties of the other. Second, we provide a distinction between two kinds of acting on behalf of another: representation as other-directedness plus normative replacement, and normative support as other-directedness without (...) normative replacement. Third, the paper offers conditions of appropriateness for both types of acting on behalf. (shrink)

Note: This draft was updated on November 10, 2020. Discussing federal statutes, Justice Scalia tells us that “[t]he stark reality is that the only thing that one can say for sure was agreed to by both houses and the president (on signing the bill) is the text of the statute. The rest is legal fiction." How should we take this claim? If we take "text" to mean the printed text, that text without more is just a series of marks. (...) If instead we take "text" (as we must) to refer to something off the page such as the "meaning" of the series of marks at issue, what is that meaning and how do we know that all the legislators "agreed" on that "meaning"? In seeking answers here, we necessarily delve into semiotics (i.e., the “general theory of signs”) by noting that meaningful ink marks ("signifiers) signify a meaning beyond themselves (the "signified.") Thus, understanding how signs function is integral to lawyers' textual and linguistic analysis. Additionally, as this article demonstrates, legal analysis and rhetoric are much impoverished if lawyers ignore nonverbal signs such as icons, indices, and nonverbal symbols. In providing a broad overview of semiotics for lawyers, this article thus (1) begins with a general definition of signs and the related notion of intentionality. It then turns to, among other things, (2) the structure and concomitants of signs in more detail (including the signifier and the signified), (3) the possible correlations of the signifier and the signified that generate signs of interest to lawyers such as the index, the icon, and the symbol; (5) the expansion of legal rhetoric through use of the index, the icon, and the non-verbal as well as the verbal symbol, (6) the nature of various semiotic acts in public and private law (including assertives, commissives, directives, and verdictives); (7) the interpretation and construction of semiotic acts (including contracts as commissives and legislation as directives); (8) the role of speaker or reader meaning in the interpretation and construction of semiotic acts; (9) the semiotics of meaning, time, and the fixation of meaning debate; (10) the impact of signifier drift; (11) the distinction between sense and understanding; and (12) some brief reflections on semiotics and the First Amendment. This article also provides an Appendix of further terms and concepts useful to lawyers in their explorations of semiotics. (shrink)

The recent controversy about misinformation has moved a question into the focus of the public eye that has occupied philosophers for decades: Under what conditions is it appropriate to assert a certain claim? When asserting a claim that x, must one know that x? Must x be true? Might it be normatively acceptable to assert whatever one believes? In the largest cross-cultural study to date (total n = 1,091) on the topic, findings from the United States, Germany, and Japan suggest (...) that, in order to claim that x, x need not be known, and it can be false. However, the data show, we do expect considerable epistemic responsibility on the speaker’s behalf: In order to appropriately assert a claim, the speaker must have good reasons to believe it. (shrink)

Society typically shows conscientious objectors more deference than civil disobedients, on the grounds that they appear more conscientious and less strategically minded than the latter. Kimberley Brownlee challenges this standard picture in Conscience and Conviction: The Case for Civil Disobedience, where she claims that civil disobedience is more conscientious than conscientious objection, in virtue of its communicativeness. Brownlee conceives of conscientious conviction as necessarily communicative, and distinguishes it from ‘conscience’—the set of practical moral skills involved in adequately responding to (...) complex situations. This review article argues that Brownlee’s account of conviction is too narrow, as it excludes many core beliefs which we would want to classify as convictions although they violate one or more of the criteria of communicativeness, while her account of conscience is incomplete, because it ignores some of the persistent obstacles for the development of conscience produced by structural injustice. The article identifies these obstacles and offers some strategies for protecting against them, namely, vigilance, self-scrutiny, empathy and collaborative ambivalence. (shrink)

The claim that we live in a post-truth era has led to a significant body of work across different disciplines exploring the phenomenon. Many have sought to investigate the role of fake news in bringing about the post-truth era. While this work is important, the narrow focus on this issue runs the risk of giving the impression that it is mainly new forms of media that are to blame for the post-truth phenomenon. In this paper, we call attention to the (...) ways in which journalistic practices in traditional forms of media also play an important role in contributing to a post-truth environment. We will do so by focusing on one particular practice common in news journalism. False balance involves presenting two sides of a debate as more equal than is justified by the evidence. We will argue that although false balance does not constitute fake news, it does contribute to an environment in which truth is devalued. By obscuring what counts as evidence and who qualifies as an authority, false balance legitimizes post-truth attitudes. We finish by outlining the virtues that journalists should develop in order to guard against false balance. While fake news is made more likely when journalists possess the vices of dishonesty, prejudice or corruption, we argue that focusing too much on guarding against these vices may actually make false balance more likely. In order to be responsible gatekeepers and to avoid false balance, journalists must also develop the virtues of wisdom, vigilance, courage, care and justice. (shrink)

Speech Acts, Criteria and Intentions What makes a speech act a speech act? Which are its necessary and sufficient conditions? I claim in this paper that we cannot find an answer to those questions in Austin's doctrine of the infelicities, since some infelicities take place in fully committing speech acts, whereas others prevent the utterance from being considered as a speech act at all. With this qualification in mind, I argue against the idea that intentions—considered as mental states accomplishing a (...) causal role in the performance of the act—should be considered among the necessary conditions of speech acts. I would thus like to deny a merely ‘symptomatic’ account of intentions, according to which we could never make anything but fallible hypotheses about the effective occurrence of any speech act. I propose an alternative ‘criterial’ account of the role of intentions in speech acts theory, and analyse Austin's and Searle's approaches in the light of this Wittgensteinian concept. Whether we consider, with Austin, that speech acts ‘imply’ mental states or, with Searle, that they ‘express’ them, we could only make sense of this idea if we considered utterances as criteria for intentions, and not as alleged behavioural effects of hidden mental causes. (shrink)

Leibniz’s claim that this is the best of all possible worlds has been subject to numerous criticisms, both from his contemporaries and ours. In this paper I investigate a cluster of such criticisms based on the existence, abundance or character of worldly evil. As several Leibniz-inspired versions of optimism have been advanced in recent years, the aim of my investigation is to assess not just how Leibniz’s brand of optimism fares against these criticisms, but also whether optimism as a philosophy (...) has the resources to meet these challenges. I show that none of the criticisms considered has sufficient force to pose a threat to Leibniz’s version of optimism or to one modelled on it. (shrink)

Suppose that God exists, and that God does not violate the laws of nature he created for the world. God can nevertheless act in the world, by acting at the indeterministic quantum level. This chapter makes two specific points about God’s quantum action. First, on some ways of understanding quantum mechanics (specifically, the GRW theory, and the associated Continuous Spontaneous Localization theories), God’s actions are almost unlimited, contrary to those who say that God would be quite constrained in his action, (...) if he only acted at the indeterministic quantum level. Second, on these ways of understanding quantum mechanics, God’s actions in the world need not be episodic, contrary to what for example John Polkinghorne has claimed about God’s quantum action. This discussion builds on discussions by Al Plantinga about noninterventionist special divine action. (shrink)

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

Modeling involves the use of false idealizations, yet there is typically a belief or hope that modeling somehow manages to deliver true information about the world. The paper discusses one possible way of reconciling truth and falsehood in modeling. The key trick is to relocate truth claims by reinterpreting an apparently false idealizing assumption in order to make clear what possibly true assertion is intended when using it. These include interpretations in terms of negligibility, applicability, tractability, early-step, (...) and more. Elaborations are suggested about their precise formulations, mutual relationships, and truth-aptness. (shrink)

Consequentialist theories determine rightness solely based on real or expected consequences. Although such theories are popular, they often have difficulty with generalizing intuitions, which demand concern for questions like “What if everybody did that?” Rule consequentialism attempts to incorporate these intuitions by shifting the locus of evaluation from the consequences of acts to those of rules. However, detailed rule-consequentialist theories seem ad hoc or arbitrary compared to act consequentialist ones. We claim that generalizing can be better incorporated into consequentialism by (...) keeping the locus of evaluation on acts but adjusting the decision theory behind act selection. Specifically, we should adjust which types of dependencies the theory takes to be decision-relevant. Using this strategy, we formulate a new theory, generalized act consequentialism, which we argue is more compelling than rule consequentialism both in modeling the actual reasoning of generalizers and in delivering correct verdicts. (shrink)

Sometimes it’s not certain which of several mutually exclusive moral views is correct. Like almost everyone, I think that there’s some sense in which what one should do depends on which of these theories is correct, plus the way the world is non-morally. But I also think there’s an important sense in which what one should do depends upon the probabilities of each of these views being correct. Call this second claim “moral uncertaintism”. In this paper, I want to address (...) an argument against moral uncertaintism offered in the pages of this journal by Brian Weatherson, and seconded elsewhere by Brian Hedden, the crucial premises of which are: that acting on moral uncertaintist norms necessarily involves motivation by reasons or rightness as such, and that such motivation is bad. I will argue that and are false, and that at any rate, the quality of an agent’s motivation is not pertinent to the truth or falsity of moral uncertaintism in the way that Weatherson’s and Hedden’s arguments require. (shrink)

This chapter provides a high-level introduction to the topic of propaganda. We survey a number of the most influential accounts of propaganda, from the earliest institutional studies in the 1920s to contemporary academic work. We propose that these accounts, as well as the various examples of propaganda which we discuss, all converge around a key feature: persuasion which bypasses audiences’ rational faculties. In practice, propaganda can take different forms, serve various interests, and produce a variety of effects. Propaganda can aim (...) to affect not only audiences’ beliefs and attitudes, but also their emotions and moods, and in turn how audiences subsequently reason or act. While propaganda is often thought of as false or misinformation, it can instead involve framing effects (“The war on drugs”), covert messaging (“There are Muslims among us”), emotionally charged slogans (“Make America Great Again”), or myths (“The American dream”). These forms of propaganda mislead audiences, not by introducing false information, but by making some beliefs and values, rather than others, salient. In fact, propaganda can even employ straightforwardly true claims (again, as in “There are Muslims among us”) and seemingly objective bureaucratic reports (“Crime has risen 4.2%”). To understand how these and other mechanisms enable propaganda to persuade by arational means, further study is needed. To that end, throughout the chapter we identify a number of places where the study of meaning and communication can help elucidate propaganda, as well as the places where propaganda issues challenges for the study of meaning. (shrink)

The Gamer’s Dilemma consists of three intuitively plausible but conflicting assertions: (i) Virtual murder is morally permissible. (ii) Virtual child molestation is morally forbidden. (iii) There is no relevant moral difference between virtual murder and virtual child molestation in computer games. Numerous attempts to resolve (or dissolve) the Gamer’s Dilemma line the field of computer game ethics. Mostly, the phenomenon is approached using expressivist argumentation: Reprehensible virtual actions express something immoral in their performance but are not immoral by themselves. Consequentialists, (...) on the other hand, claim that the immorality of virtual actions arises from their harmful consequences. I argue that both approaches have serious difficulties meeting the moral challenge posed by the Gamer’s Dilemma. They tend to confuse the morality of in-game actions either with the morality of their real-world counterparts or with the morality of games as objects. Following this critical analysis, I will develop a Kantian argument and defend it against two objections. So far, deontological responses to the Gamer’s Dilemma have been sought in vain. Yet, with Kant, its moral challenge can be met by looking at the gamer’s reasons. From this perspective, the Gamer’s Dilemma is based on a false assumption: the moral status of gaming acts does not derive from a normative equation with their real-world counterparts but only from their justifications. (shrink)

Epistemic decision theory produces arguments with both normative and mathematical premises. I begin by arguing that philosophers should care about whether the mathematical premises (1) are true, (2) are strong, and (3) admit simple proofs. I then discuss a theorem that Briggs and Pettigrew (2020) use as a premise in a novel accuracy-dominance argument for conditionalization. I argue that the theorem and its proof can be improved in a number of ways. First, I present a counterexample that shows that one (...) of the theorem’s claims is false. As a result of this, Briggs and Pettigrew’s argument for conditionalization is unsound. I go on to explore how a sound accuracy-dominance argument for conditionalization might be recovered. In the course of doing this, I prove two new theorems that correct and strengthen the result reported by Briggs and Pettigrew. I show how my results can be combined with various normative premises to produce sound arguments for conditionalization. I also show that my results can be used to support normative conclusions that are stronger than the one that Briggs and Pettigrew’s argument supports. Finally, I show that Briggs and Pettigrew’s proofs can be simplified considerably. (shrink)

In our book The Inessential Indexical we argue that the various theses of essential indexicality all fail. Indexicals are not essential, we conclude. One essentiality thesis we target in the third chapter is the claim that indexical attitudes are essential for action. Our strategy is to give examples of what we call impersonal action rationalizations , which explain actions without citing indexical attitudes. To defeat the claim that indexical attitudes are essential for action, it suffices that there could be even (...) one successful impersonal action rationalization. In what follows we bolster our case against an essential connection between action and the de se (or indexicality), first by developing a range of new action models and secondly by responding to challenges from Dilip Ninan, Stephan Torre, and José Luis Bermúdez . (shrink)

Kant famously made a distinction between actions from duty and actions in conformity with duty claiming that only the former are morally worthy. Kant’s argument in support of this thesis is taken to rest on the claim that only the motive of duty leads non-accidentally or reliably to moral actions. However, many critics of Kant have claimed that other motives such as sympathy and benevolence can also lead to moral actions reliably, and that Kant’s thesis is false. In addition, (...) many readers of Kant find the claim that we should deny moral worth to a dutiful action performed from friendly inclination highly counterintuitive. Moreover, Kantian commentators disagree about the status of actions in conformity with duty, some claim that these can be taken as equally morally worthy as those performed from duty, while others argue that they are not even permissible. -/- It has also been claimed that Kant’s theory of moral worth should be related to the theory of the Gesinnung developed in the Religion. Thus, some authors claim that, in order for an action to possess moral worth, the agent has to be unconditionally committed to morality, that is, the agent must possess a virtuous character or good fundamental maxim (i.e. a good Gesinnung). However, according to Kant’s radical evil thesis (that is, the thesis that man is evil by nature ), the default position for man is to possess an evil Gesinnung, i.e. a Gesinnung which is only conditionally committed to morality insofar as morality does not demand a great sacrifice of our own happiness. So, an unwelcome consequence of this line of interpretation is that in Kantian ethics morally worthy actions become very rare indeed. -/- The paper is divided in two parts. The first part aims to clarify why Kant thought that only actions from duty are morally worthy, replying to some common objections against Kant’s view. I argue that Kant’s non-accidental condition should not be understood in terms of reliability because such interpretation is incompatible with Kant’s theory of motivation and rational agency. I propose an alternative interpretation which supports Kant’ s claim that only the motive of duty leads nonaccidently to dutiful actions, and thus only actions from duty possess moral worth. I end by showing that although actions in conformity with duty are worthless from the moral point of view, they are not (in many cases) impermissible. The first part concludes that the criterion for the permissibility of actions is different to the criterion for the ascription of moral worth. Thus, rightness, which pertains to actions performed on maxims that can be willed as universal laws, and moral worth, which pertains to actions performed from a sense of duty, should be understood as two different levels of moral assessment. -/- The second part of the paper examines Kant’s conception of virtue with the aim of showing that although only agents with a virtuous character (good Gesinnung) will reliably act from duty, a person with an evil character (evil Gesinnung) could on frequent occasions act from duty. I argue that we should not deny moral worth to actions performed from duty even when the agent has an evil Gesinnung. Goodness of Gesinnung is not a necessary condition of the action of an agent possessing moral worth; reliability of motivation is necessary for the ascription of virtue but not for the ascription of moral worth. It follows that virtue, which refers to the agent’s character or fundamental maxim (i.e. the agent’s Gesinnung), and moral worth are also two different levels of moral assessment. The paper concludes that three levels of moral assessment can be distinguished in Kant’s ethical system: (i) rightness, (ii) moral worth and (iii) moral virtue. Moral virtue is the highest level of moral perfection for a human being. Striving towards virtue requires constant progress and effort and ultimately a ‘revolution of the heart.’ The important point is that even when we are still striving to achieve virtue (i.e. an unconditional commitment to morality), we can ascribe moral worth to actions performed by a genuine sense of duty. It turns out that, contrary to many influential interpretations, Kantian ethics is not merely concerned with the rightness or wrongness of particular actions nor is Kantian ethics primarily an ethic of virtue. Instead, Kant’s ethical system is complex and allows for different levels of moral assessment in which both an action-centred and agent-centred perspective can be integrated. (shrink)

This essay is my review of the classic TV series, Route 66. It was a classic “buddy movie,” with two young men who tour the country in a gorgeous 1956 Chevy Corvette, staying in various towns and working at various blue-collar jobs. The acting was generally superb, and the scripts were mainly written by the fine script writer Stirling Silliphant, and produced by the famous producer Herbert Leonard. I suggest that this 50-year-old series tells us a lot about cultural change (...) in America during that time. I suggest also that it helps demonstrate that the charge made by a famous cultural critic of the time—Newton Minow, who was Chairman of the Federal Communications Corporation from 1961 to 1963—that this period of commercial TV was a “vast wasteland” was not merely arrogantly elitist, but was in fact patently false. The 1950s and early 1960s saw many amazingly good series in a wide variety of genres. (shrink)

Kant has often been accused of being far too “optimistic” when it comes to the extremes of evil that humans can perpetrate upon one another. In particular, Kant’s supposed claim that humans cannot choose evil qua evil has struck many people as simply false. Another problem for Kant, or perhaps the same problem in another guise, is his supposed claim that all evil is done for the sake of self-love. While self-love might be a plausible way to explain some (...) instances of evil, it seems to be an implausible way to explain instances where people imprudently act in senselessly destructive and even self-destructive ways. Can Kant handle such extreme cases of moral evil? I shall argue that Kant can handle such cases by: (1) defending Kant’s denial of the possibility of a devilish human being; (2) showing how Kant can conceptually account for agents who choose evil qua evil, and (3) putting Kant’s account of passions to work inorder to understand self-destructive evil. (shrink)

*Runner-up for the 2021 Royal Institute for Philosophy Essay Prize*: What should we think about ‘acts of conscience’, viz., cases where our personal judgments and public authority come into conflict such that principled resistance to the latter seems necessary? Philosophers mainly debate two issues: the Accommodation Question, i.e., ‘When, if ever, should public authority accommodate claims of conscience?’ and the Justification Question, i.e., ‘When, if ever, are we justified in engaging in acts of conscience – and why?’. By contrast, (...) a third important topic – the Conduct Question, i.e., ‘How should we act, morally speaking, when engaging in acts of conscience?’ – has been mostly neglected. This paper aims to offer concrete guidance for persons wishing to engage in acts of conscience in morally virtuous ways. I argue that such agents are subject to two basic prima facie duties: duties to oneself related to demands of integrity and duties to others related to demands of civility. I explain both duties in detail, arguing with regard to, that in light of what I call ‘the paradox of conscience’, we need to rethink our views about both ‘conscience’ and ‘integrity’; and with regard to, that, building upon Rawls’ ‘duty of civility’, we should embrace at least seven general principles for undertaking acts of conscience in a morally conscientious manner. (shrink)

This paper tests a theory about the relationship between two important topics in moral philosophy and psychology. One topic is the function of normative language, specifically claims that one “ought” to do something. Do these claims function to describe moral responsibilities, encourage specific behavior, or both? The other topic is the relationship between saying that one “ought” to do something and one’s ability to do it. In what respect, if any, does what one “ought” to do exceed what (...) one “can” do? The theory tested here has two parts: (1) “ought” claims function to both describe responsibilities and encourage people to fulfill them (the dual-function hypothesis); (2) the two functions relate differently to ability, because the encouragement function is limited by the person’s ability, but the descriptive function is not (the interaction hypothesis). If this theory is correct, then in one respect “ought implies can” is false because people have responsibilities that exceed their abilities. But in another respect “ought implies can” is legitimate because it is not worthwhile to encourage people to do things that exceed their ability. Results from two behavioral experiments support the theory that “ought” exceeds but implies “can.” Results from a third experiment provide further evidence regarding an “ought” claim’s primary function and how contextual features can affect the interpretation of its functions. (shrink)

Consequentialist positions in philosophy spell out normative notions by recourse to final aims. Hedonistic versions of ETHICAL consequentialism spell out what is MORALLY right/justified via recourse to the aim of increasing pleasure and decreasing pain. Veritistic versions of EPISTEMIC consequentialism spell out what is EPISTEMICALLY right/justified via recourse to the aim of increasing the number of true beliefs and decreasing the number of false ones. Even though these theories are in many respects structurally analogous, there are also interesting disanalogies. (...) For example, popular versions of epistemic consequentialism implicitly endorse the truth-indication principle (which claims that a belief is epistemically justified only if there are factors indicating that the belief itself is true), whereas popular versions of ethical consequentialism do not subscribe to an analogous pleasure-indicating principle (which claims that an act is morally justified only if there are factors indicating that performing the act itself is pleasurable). In a first step I will argue that this difference rests on the fact that plausible versions of epistemic consequentialism have to meet certain constraints, which versions of ethical consequentialism do not have to satisfy. As these constraints can be easily met by incorporating the truth-indication principle, epistemic consequentialists tend to subscribe to it. In a second step I will investigate whether the identified constraints can also be met independent from the truth-indication principle. Are there plausible versions of veritistic epistemic consequentialism that reject the principle, thereby allowing that some beliefs can be epistemically justified even though no factors speak in favor of their truth? Building on ideas put forward by Ludwig Wittgenstein, Crispin Wright, and others, I will answer this question affirmatively. (shrink)

Despite the recent advances in information and communication technology that have increased our ability to store and circulate information, the task of ensuring that the right sorts of information gets to the right sorts of people remains. We argue that the many efforts underway to develop efficient means for sharing information across healthcare systems and organizations would benefit from a careful analysis of human action in healthcare organizations. This in turn requires that the management of information and knowledge within healthcare (...) organizations be combined with models of resources and processes of patient care that are based on a general ontology of social interaction. The Health Level 7 (HL7) is one of several ANSI-accredited Standards Developing Organizations operating in the healthcare arena. HL7 has advanced a widely used messaging standard that enables healthcare applications to exchange clinical and administrative data in digital form. HL7 focuses on the interface requirements of the entire healthcare system and not exclusively on the requirements of one area of healthcare such as pharmacy, medical devices, imaging or insurance transactions. This has inspired the development of a powerful abstract model of patient care called the Reference Information Model (RIM). The present paper begins with an overview of the core classes of the HL7 (Version 3) RIM and a brief discussion of its “actcentered” view of healthcare. Central to this account is what is called the life cycle of events. A clinical action may progress from defined, through planned and ordered, to executed. These modalities of an action are represented as the mood of the act. We then outline the basis of an ontology of organizations, starting from the theory of speech Acts, and apply this ontology to the HL7 RIM. Special attention is given to the sorts of preconditions that must be satisfied for the successful performance of a speech act and to the sorts of entities to which speech acts give rise (e.g. obligations, claims, commitments, etc.). Finally we draw conclusions for the efficient communication and management of medical information and knowledge within and between healthcare organizations, paying special attention to the role that medical documents play in such organizations. (shrink)

It is a widely held view in philosophy that propositions perform a plethora of different theoretical roles. Amongst other things, they are believed to be the semantic values of sentences in contexts, the objects of attitudes, the contents of illocutionary acts, and the referents of that-clauses. This assumption is often combined with the claim that propositions have their truth-values eternally. In this paper I aim to show that these two assumptions are incompatible: propositions cannot both fulfill the mentioned roles and (...) be eternally true or false. Following Kaplan and Lewis’s Operator Argument, I argue that compositional semantic values of sentences in contexts do not correspond to eternal propositions. Thus, either we regard the non-eternal entities that in fact realize the semantic role of propositions as also fulfilling the remaining propositional roles, or we abandon the assumption that there is a unique realizer of all the roles. The Operator Argument has recently come under attack, mainly for its tense-logical assumptions. However, rejecting these assumptions is not a sufficient defense of the compatibility of the two claims, since the extensional alternative to the tense-logical framework does not allow us to universally retain eternal propositions as compositional semantic values of sentences either. (shrink)

In his early essay, “Must We Mean What We Say”, Cavell argues that the claims of ordinary language philosophers regarding “what we say when” are not empirical generalizations about a given group of speakers but are rather to be understood as measuring the limits of what counts as a coherent act of thinking and speaking. Cavell’s charge against the skeptic about the external world is that he seeks to think and speak beyond these limits. In this paper I compare (...) Cavell’s response to the skeptic to Davidson’s. Both base their responses on a broadly Kantian approach that appeals to the conditions under which thinking or speaking about objects is possible. On this approach the skeptic isn’t giving a false answer to an intelligible question, but rather, the question to which the skeptic is giving an answer is shown to be in some way unintelligible. But while Davidson’s critique of the skeptic is based on the conditions of ascribing meaning to one’s words, and contents to one’s beliefs, Cavell’s critique is based on the failure of the skeptic to mean the words he uses in the way that he needs. This difference expresses an underlying disagreement about the meaning of “meaning”: for Davidson the world comes into view through the meaning of our words and concepts, through the contents of our beliefs; for Cavell, the world comes into view through the agreement in “criteria” that are a condition of applying words and concepts to the world. This difference illuminates what Cavell calls “the truth of skepticism”: the idea that “my relation to the world and to others in general is not one of knowing”. (shrink)

Wang Yangming 王陽明 (1472 – 1529) is famously associated with the view that knowledge and action are unified (zhī xíng hé yī 知行合一). Call this the Unity Thesis. Given standard assumptions about what it means for a person to know, it may seem that the Unity Thesis is clearly false: I can know that p without currently acting in p-related ways, and I can know how to φ without currently φ-ing. My aims in this paper are, first, to draw (...) on recent work in epistemology to explain and defend the Unity Thesis and, second, to argue that it offers us an attractive conceptual alternative to a standard way of thinking about the nature of intentional action. The first step of my argument draws on the idea that what distinguishes intentional actions from bodily events is the presence of knowing-to – that is, an agent is φ-ing intentionally if and only if she is currently doing something because she knows to do it as a way for her to φ. Such a notion of knowing-to allows us to explain otherwise puzzling features of the Unity Thesis, including the claim that knowing and acting occur simultaneously. In the second step, I argue that the Unity Thesis can help us avoid various long-standing issues in the philosophy of action, including the problem of deviant (formal) causation. (shrink)

This contribution reconstructs and assesses Gideon Yaffe’s claims in his book Attempts about what constitutes an attempt, what can count as evidence that an attempt has been made, whether abandonment is a genuine defense, and whether attempts should be punished less severely than completed crimes. I contrast Yaffe’s account of being motivated by an intention and the completion of an attempt in terms of the truth of the completion counterfactual with an alternative picture of attempts as temporally extended decision (...) trees that are complete insofar as the agent has progressed toward the final act in the tree. I suggest that this alternative scalar conception of attempt may provide a more plausible account of the defense of abandonment. I also raise questions about whether Yaffe has provided an adequate justification of his mix of luck skepticism about censure and luck realism about punishment. (shrink)