Michael Huemer

The brain-in-a-vat argument for skepticism is best formulated, not using the closure principle, but using the “Preference Principle,” which states that in order to be justified in believing H on the basis of E, one must have grounds for preferring H over each alternative explanation of E. When the argument is formulated this way, Dretske’s and Klein’s responses to it fail. However, the strengthened argument can be refuted using a direct realist account of perception. For the direct realist, refuting the SIV scenario is not a precondition on knowledge of the external world, and only the direct realist can give a non-circular account of how we know we’re not brains in vats.

In the practice of “jury nullification,” a jury votes to acquit a defendant despite sufficient evidence of lawbreaking, on the grounds that a conviction would be unjust, usually because the law itself is unjust or because the expected punishment would be unduly harsh. This practice is widely condemned by judges. Nevertheless, in the case of an unjust law or unduly harsh punishment, there are no good arguments against jury nullification, and there is one powerful argument in its favor: it is prima facie wrong to knowingly cause unjust harm to others. Thus, jurors are often morally obligated to disregard the law.

Paradox Lost covers ten of philosophy’s most fascinating paradoxes, in which seemingly compelling reasoning leads to absurd conclusions. The following paradoxes are included: The Liar Paradox, in which a sentence says of itself that it is false. Is the sentence true or false? The Sorites Paradox, in which we imagine removing grains of sand one at a time from a heap of sand. Is there a particular grain whose removal converts the heap to a non-heap? The Puzzle of the Self-Torturer, in which a series of seemingly rational choices has us accepting a life of excruciating pain, in exchange for millions of dollars. Newcomb’s Problem, in which we seemingly maximize our expected profit by taking an unknown sum of money, rather than taking the same sum plus $1000. The Surprise Quiz Paradox, in which a professor finds that it is impossible to give a surprise quiz on any particular day of the week... but also that if this is so, then a surprise quiz can be given on any day. The Two Envelope Paradox, in which we are asked to choose between two indistinguishable envelopes, and it is seemingly shown that each envelope is preferable to the other. The Ravens Paradox, in which observing a purple shoe provides evidence that all ravens are black. The Shooting Room Paradox, in which a deadly game kills 90% of all who play, yet each individual’s survival turns on the flip of a fair coin. Each paradox is clearly described, common mistakes are explored, and a clear, logical solution offered. Paradox Lost will appeal to professional philosophers, students of philosophy, and all who love intellectual puzzles.

Menschen haben ein Anscheinsrecht (engl. prima facie right), Schusswaffen zu besitzen. Dieses Recht ist bedeutsam sowohl in Hinblick auf die Rolle, die Waffenbesitz im Leben von Waffenbegeisterten spielt, als auch auf den Selbstverteidigungsnutzen von Schusswaffen. Dieses Recht wird auch nicht durch den gesellschaftlichen Schaden privaten Waffenbesitzes verdrängt. Dieser Schaden wurde stark aufgebauscht und ist vermutlich erheblich kleiner als der Nutzen privaten Waffenbesitzes. Und ich lege dar, dass der Schaden den Nutzen um ein Vielfaches übertreffen müsste, um ein Verbot von Schusswaffen zu rechtfertigen. [This is a German translation of: „Is There a Right to Own a Gun?“, Social Theory and Practice, Vol. 29, No. 2 (April 2003), pp. 297-324.]

Richard Fumerton’s “Principle of Inferential Justification” holds that, in order to be justified in believing P on the basis of E, one must be justified in believing that E makes P probable. I argue that the plausibility of this principle rests upon two kinds of mistakes: first, a level confusion; and second, a fallacy of misconditionalisation. Furthermore, Fumerton’s principle leads to skepticism about inferential justification, for which reason it should be rejected. Instead, the examples Fumerton uses to motivate his principle can be accounted for using a different principle: in order for S to be justified in believing P on the basis of E, it must be true that E makes P probable. The latter principle can be independently motivated and does not lead to skepticism.

In this chapter, the author uses the film Minority Report as a means of reflecting on the age‐old topic of free will. Traditionally, having free will is thought to require two things: alternate possibilities and self‐control. Soft determinism is the view that determinism is true, and yet we have free will anyway. It is not rational to embrace hard determinism, since hard determinism, in conjunction with norms implicit in reasoning, leads to a conclusion that rationally undermines hard determinism itself. A determinist (hard or soft) would instead interpret minority reports as evidence of the pre‐cogs’ fallibility ‐ perhaps the future is predetermined, but sometimes one of the pre‐cogs makes a mistake about what is going to happen. One might take this as grounds for abandoning the Precrime system ‐ until one remembers that any criminal justice system is fallible.

Illegal drugs are not inherently unclean, any more than alcohol, tobacco, or canola oil. All of these are simply chemicals that people choose to ingest for enjoyment, and that can harm our health if used to excess. Most of the sordid associations we have with illegal drugs are actually the product of the drug laws: it is because of the laws that drugs are sold on the black market, that Latin American crime bosses are made rich, that government officials are corrupted, and that drug users rob others to buy drugs.

"In this book, Michael Huemer and Bryan Frances debate whether - and how - we can gain knowledge of the world outside of our own minds. Starting with opening statements, the debate moves through two rounds of replies. Frances argues that we lack knowledge because, for example, we cannot rule out the possibility that we are brains in vats being artificially stimulated in such a way as to create an illusion of living in the real world. Huemer disagrees that we need evidence against such possibilities in order to gain knowledge of the external world, maintaining instead that we are entitled to presume that things are as they appear unless and until we acquire specific grounds for thinking otherwise. The authors go on to discuss how one should think about controversial issues wherein the experts persistently disagree. Frances argues that we should generally withhold judgment about such issues, or at least greatly reduce our confidence. Huemer agrees that people are often overconfident about controversial issues but tries to carve out exceptions wherein one can rationally hold on to controversial views. Accessible whilst also detailed and substantial, this thoughtful debate is suitable for readers at all levels – from those encountering the topic for the first time through to those deeply familiar with the issues."

America’s legal system harbors serious, widespread injustices. Many defendants are sent to prison for nonviolent offenses, including many victimless crimes. Convicts often serve draconian sentences in crowded prisons rife with abuse. Almost all defendants are convicted without trial because prosecutors threaten defendants with drastically higher sentences if they request a trial. Most Americans are terrified of encountering any kind of legal trouble, knowing that both civil and criminal courts are extremely slow, unreliable, and expensive to use. This book explores the largest injustices in the legal system and what can be done about them. Besides proposing institutional reforms, the author argues that prosecutors, judges, lawyers, and jury members ought to place justice before the law – for example, by refusing to enforce unjust laws or impose unjust sentences. Issues addressed include: · The philosophical basis for judgments about rights and justice · The problems of overcriminalization and mass incarceration · Abuse of power by police and prosecutors · The injustice of plea bargaining · The appropriateness of jury nullification · The authority of the law, or the lack thereof Justice Before the Law is essential reading for everyone interested in legal ethics, the rule of law, and criminal justice. It is also ideal for students of legal philosophy.

The litmus test for the development of a metarepresentational Theory of Mind is the false belief task in which children have to represent how another agent misrepresents the world. Children typically start mastering this task around age four. Recently, however, a puzzling finding has emerged: Once children master the FB task, they begin to fail true belief control tasks. Pragmatic accounts assume that the TB task is pragmatically confusing because it poses a trivial academic test question about a rational agent’s perspective; and we do not normally engage in such discourse about subjective mental perspectives unless there is at least the possibility of error or deviance. The lack of such an obvious possibility in the TB task implicates that there might be some hidden perspective difference and thus makes the task confusing. In the present study, we test the pragmatic account by administering to 3- to 6-year-olds TB and FB tasks and structurally analogous true and false sign tasks. The belief and sign tasks are matched in terms of representational and metarepresentational complexity; the crucial difference is that TS tasks do not implicate an alternative non-mental perspective and should thus be less pragmatically confusing than TB tasks. The results show parallel and correlated development in FB and FS tasks, replicate the puzzling performance pattern in TB tasks, but show no trace of this in TS tasks. Taken together, these results speak in favor of the pragmatic performance account.

The standard view on explicit theory of mind development holds that children around the age of 4 years start to ascribe beliefs to themselves and others. At this age they begin to master FB tasks in which they have to ascribe a mistaken belief to someone else. The emerging competence in FB tasks goes hand in hand with the developing ability to master various tasks that also require the understanding of different perspectives, like the alternative naming game, false sign or identity tasks. Mental Files Theory allows to explain this developmental synchrony. It also helps to explain why older children struggle to understand that beliefs about an object depend on how one is acquainted with it (aspectuality), and why these difficulties disappear once children master second-order belief tasks at age 6. In this chapter, I focus on children’s developing mental file management, and how this accounts for the developmental synchrony of tasks that require taking into account different perspectives. In addition, I address several challenges for this view from the literature.

Einwanderungsbeschränkungen verletzen das Anscheinsrecht (engl. prima facie right) Einwanderungswilliger, keinem schädlichem Zwang ausgesetzt zu werden. Dieses Anscheinsrecht wird nicht durch die wirtschaftlichen, fiskalischen und kulturellen Folgen der Einwanderung entkräftet oder verdrängt – und auch nicht durch die besondere Pflicht, welche der Staat gegenüber seinen eigenen Bürgern und speziell den Ärmsten unter ihnen hat. Er hat gleichfalls kein Recht, Bedingungen für die Staatsbürgerschaft in gleicher Weise aufzustellen, wie dies private Clubs als Voraussetzung für die Mitgliedschaft tun. [This is a German translation of: „Is There a Right to Immigrate?“, Social Theory and Practice, Vol. 36, No. 3 (2010), pp. 429-61.]