We care not only about what experiences we have, but when we have them too. However, on the B-theory of time, something’s timing isn’t an intrinsic way for that thing to be or become. Given B-theory, should we be rationally indifferent about the timing per se of an experience? In this paper, I argue that B-theorists can justify time-biased preferences for pains to be past rather than present and for pleasures to be present rather than past. In support of this (...) argument, I appeal to the doctrine of temporal parts or “four-dimensionalism” for short. When held in conjunction with a certain evaluative principle about whose experiences matter, four-dimensionalism reconciles B-theory with some time-biased preferences. (shrink)

Future-biased agents care not only about what experiences they have, but also when they have them. Many believe that A-theories of time justify future bias. Although presentism is an A-theory of time, some argue that it nevertheless negates the justification for future bias. Here, I claim that the alleged discrepancy between presentism and future bias is a special case of the cross-time relations problem. To resolve the discrepancy, I propose an account of future bias as a preference for certain tensed (...) truths properly relativized to the present. (shrink)

The rationality of future bias figures crucially in various metaphysical and ethical arguments (Prior 1959; Parfit 1984; Fischer 2019). Recently, however, philosophers have raised several arguments to the effect that future bias is irrational (Dougherty 2011; Suhler and Callender 2012; Greene and Sullivan 2015). Particularly, Greene and Sullivan (2015) claim that future bias is irrational because future bias leads to two kinds of irrational planning behaviors in agents who also seek to avoid regret. In this paper, I join others who (...) have objected to Greene and Sullivan’s argument (Dorsey 2016; Tarsney 2017), but for significantly different reasons that put into question an unchallenged premise in the debate. These reasons are based on the relationship between the alleged irrational planning behaviors and certain features of regret that regret shares with future bias. First, regret is dynamic, involving preferences that change over time and in inconsistent ways. Second, regret comes in degrees, meaning that we can rank our potential regrets. Because regret has these features, I show that the future-biased agents in Greene and Sullivan’s cases do not need to act in irrational ways to rationally avoid regret. (shrink)

The access-to-justice movement broadly concerns the extent to which people have the ability to resolve legally actionable problems. To the extent that individuals seek resolution through civil litigation, they can be disadvantaged by their unmet need for legal services, particularly in high-stakes cases and complicated areas of law. In part, this is because legal services and litigation are cost-prohibitive, especially for indigent plaintiffs. As a result, these individuals are priced out of litigation and, by extension, unable to use law to (...) seek justice. I propose an innovative legal intervention to this problem called “compensatory preliminary damages,” which builds from the work of Gideon Parchomovsky and Alex Stein. I argue that preliminary damages should function as compensatory awards for harm to a plaintiff’s ability to access justice, rather than a contingency loan that might make indigent plaintiffs worse off than before if they lose. As compensatory awards, preliminary damages address a defendant’s liability for a plaintiff’s prospective litigation costs that inequitably affect the plaintiff’s ability to access justice. In short, given a suitable connection between the underlying harms of the case and the plaintiff’s resources to meet their legal needs, the litigation costs that plaintiffs must face to litigate should, in some cases, be compensable. To seek such compensation, I propose that plaintiffs would have to plead, among other things, that their alleged injuries have resulted in various barriers to accessing justice, but that the hardship to the plaintiff and the balance of equities favor shifting the cost to access justice onto the defendant. By awarding such damages, courts make plaintiffs whole for harm to their access to justice that is not conditional on a decision after the merits or their final recovery for the injuries alleged. As such, the award would not need to be repaid. -/- . (shrink)