•  185
    Neurolaw and Neuroprediction: Potential Promises and Perils
    Philosophy Compass 7 (9): 631-642. 2012.
    Neuroscience has been proposed for use in the legal system for purposes of mind reading, assessment of responsibility, and prediction of misconduct. Each of these uses has both promises and perils, and each raises issues regarding the admissibility of neuroscientific evidence.
  •  177
    The rule ‘Keep your promises’ is often presented as a challenge to consequentialism, because the ground of your moral obligation not to break a promise seems to lie in the past fact that you made the promise, which is not a consequence of the act. A different picture emerges, however, when we move beyond the question of whether you have any moral obligation at all to the related question of how strong that obligation is.If I promise to meet you and some other mutual friends for a casual lunch, t…Read more
  •  160
    An Empirical Refutation of ‘Ought’ Implies ‘Can’
    with Paul Henne, Vladimir Chituc, and Felipe De Brigard
    Analysis 76 (3): 283-290. 2016.
    Most philosophers assume that ‘ought’ implies ‘can’, and most of them hold that this principle is true not only universally but also analytically or conceptually. Some skeptics deny this principle, although they often admit some related one. In this article, we show how new empirical evidence bolsters the skeptics’ arguments. We then defend the skeptical view against some objections to the empirical evidence and to its effect on the traditional principle. In light of the new evidence, we conclud…Read more
  •  151
    Moral intuitions
    with Liane Young and Fiery Cushman
    In John M. Doris (ed.), Moral Psychology Handbook, Oxford University Press. pp. 246--272. 2010.
    Moral intuitions are strong, stable, immediate moral beliefs. Moral philosophers ask when they are justified. This question cannot be answered separately from a psychological question: How do moral intuitions arise? Their reliability depends upon their source. This chapter develops and argues for a new theory of how moral intuitions arise—that they arise through heuristic processes best understood as unconscious attribute substitutions. That is, when asked whether something has the attribute of …Read more
  •  143
    Nihilism and scepticism about moral obligations
    Utilitas 7 (2): 228-236. 1995.
    There are many disagreements about what people have moral obligations to do, but almost everyone believes that some people have some moral obligations. Moreover, there are some moral obligations in which almost everyone believes. For example, if I promise to give a talk at this conference, I have a moral obligation to do so. Of course, my obligation might be overridden. Moreover, even if my obligation were overridden, I would still have a moral obligation to give a talk at this conference
  •  139
    Pyrrhonian skepticism (edited book)
    Oxford University Press. 2004.
    Throughout the history of philosophy, skepticism has posed one of the central challenges of epistemology. Opponents of skepticism--including externalists, contextualists, foundationalists, and coherentists--have focussed largely on one particular variety of skepticism, often called Cartesian or Academic skepticism, which makes the radical claim that nobody can know anything. However, this version of skepticism is something of a straw man, since virtually no philosopher endorses this radical skep…Read more
  •  137
    Intention, temporal order, and moral judgments
    with Ron Mallon, Tom Mccoy, and Jay G. Hull
    Mind and Language 23 (1). 2008.
    The traditional philosophical doctrine of double effect claims that agents’ intentions affect whether acts are morally wrong. Our behavioral study reveals that agents’ intentions do affect whether acts are judged morally wrong, whereas the temporal order of good and bad effects affects whether acts are classified as killings. This finding suggests that the moral judgments are not based on the classifications. Our results also undermine recent claims that prior moral judgments determine whether a…Read more
  •  131
    Some Varieties of Particularism
    Metaphilosophy 30 (1&2): 1-12. 1999.
    Analytic particularism claims that judgments of moral wrongness are about particular acts rather than general principles. Metaphysical particularism claims that what makes true moral judgments true is not general principles but nonmoral properties of particular acts. Epistemological particularism claims that studying particular acts apart from general principles can justify beliefs in moral judgments. Methodological particularism claims that we will do better morally in everyday life if we look …Read more
  •  131
    Moderate classy pyrrhonian moral scepticism
    Philosophical Quarterly 58 (232). 2008.
    This précis summarizes my book Moral Skepticisms, with emphasis on my contrastivist analysis of justified moral belief and my Pyrrhonian moral scepticism based on meta-scepticism about relevance. This complex moral epistemology escapes a common paradox facing moral philosophers.
  •  130
    An argument for descriptivism
    Southern Journal of Philosophy 37 (2): 281-91. 1999.
  •  129
    Conscious Will and Responsibility: A Tribute to Benjamin Libet (edited book)
    with Lynn Nadel
    Oup Usa. 2010.
    We all seem to think that we do the acts we do because we consciously choose to do them. This commonsense view is thrown into dispute by Benjamin Libet's eyebrow-raising experiments, which seem to suggest that conscious will occurs not before but after the start of brain activity that produces physical action.
  •  127
    Moral reasoning
    with Gilbert Harman and Kelby Mason
    In John M. Doris (ed.), Moral Psychology Handbook, Oxford University Press. 2010.
    What is moral reasoning? For that matter, what is any sort of reasoning? Let me begin by making a few distinctions. First, there is a distinction between reasoning as something that that people do and the abstract structures of proof or “argument” that are the subject matter of formal logic. I will be mainly concerned with reasoning in the first sense, reasoning that people do. Second, there is a distinction between moral reasoning with other people and moral reasoning by and for yourself . Mora…Read more
  •  122
    A defense of modus ponens
    with James Moor and Robert Fogelin
    Journal of Philosophy 83 (5): 296-300. 1986.
  •  121
    The distinction between perfect and imperfect obligations has a long history in moral philosophy and is important to many central issues in moral theory and in everyday morality. Unfortunately, this distinction is often overlooked and rarely defined precisely or univocally. This paper tries to clarify the distinction in light of recent empirical research on guilt and shame. I begin with the general notion of an obligation before distinguishing its sub-classes.
  •  119
    From 'Is' to 'Ought' in Moral Epistemology
    Argumentation 14 (2): 159-174. 2000.
    Many philosophers claim that no formally valid argument can have purely non-normative premises and a normative or moral conclusion that occurs essentially. Mark Nelson recently proposed a new counterexample to this Humean doctrine
  •  118
    Morality without God?
    Oxford University Press. 2009.
    This book should fit well with the debates raging over issues like evolution and intelligent design, atheism, and religion and public life as an example of a ...
  •  115
    If there is a moral reason for A to do X, and if A cannot do X without doing Y, and if doing Y will enable A to do X, then there is a moral reason for A to do Y. This principle is plausible but mysterious, so it needs to be explained. It can be explained by necessary enabler consequentialism, but not by other consequentialisms or any deontological moral theory. Or so I argue. Frances Howard-Snyder objects that this argument fails to establish consequentialism as understood by, because it fails t…Read more
  •  114
    What makes killing wrong?
    Journal of Medical Ethics 39 (1): 3-7. 2013.
    What makes an act of killing morally wrong is not that the act causes loss of life or consciousness but rather that the act causes loss of all remaining abilities. This account implies that it is not even pro tanto morally wrong to kill patients who are universally and irreversibly disabled, because they have no abilities to lose. Applied to vital organ transplantation, this account undermines the dead donor rule and shows how current practices are compatible with morality
  •  103
    Scrupulous agents
    Philosophical Psychology 28 (7): 947-966. 2015.
    Scrupulosity raises fascinating issues about the nature of moral judgment and about moral responsibility. After defining scrupulosity, describing its common features, and discussing concrete case studies, we discuss three peculiar aspects of moral judgments made by scrupulous patients: perfectionism, intolerance of uncertainty, and moral thought-action fusion. We then consider whether mesh and reasons-responsiveness accounts of responsibility explain whether the scrupulous are morally responsibl…Read more
  •  102
    Emotion and Reliability in Moral Psychology
    Emotion Review 3 (3): 288-289. 2011.
    Instead of arguing about whether moral judgments are based on emotion or reason, moral psychologists should investigate the reliability of moral judgments by checking rates of framing effects in different kinds of moral judgments under different conditions by different people.
  •  99
    For Goodness' Sake
    Southern Journal of Philosophy 41 (S1): 83-91. 2003.
  •  99
    Brain Images as Legal Evidence
    with Adina Roskies, Teneille Brown, and Emily Murphy
    Episteme 5 (3): 359-373. 2008.
    This paper explores whether brain images may be admitted as evidence in criminal trials under Federal Rule of Evidence 403, which weighs probative value against the danger of being prejudicial, confusing, or misleading to fact finders. The paper summarizes and evaluates recent empirical research relevant to these issues. We argue that currently the probative value of neuroimages for criminal responsibility is minimal, and there is some evidence of their potential to be prejudicial or misleading.…Read more
  •  95
    Philosophers have discussed virtue and character since Socrates, but many traditional views have been challenged by recent findings in psychology and neuroscience. This fifth volume of Moral Psychology grows out of this new wave of interdisciplinary work on virtue, vice, and character. It offers essays, commentaries, and replies by leading philosophers and scientists who explain and use empirical findings from psychology and neuroscience to illuminate virtue and character and related issues in m…Read more
  •  91
    Many philosophers claim that ‘ought’ implies ‘can’. In light of recent empirical evidence, however, some skeptics conclude that philosophers should stop assuming the principle unconditionally. Streumer, however, does not simply assume the principle’s truth; he provides arguments for it. In this article, we argue that his arguments fail to support the claim that ‘ought’ implies ‘can’.
  •  89
    Responsibility in Cases of Multiple Personality Disorder
    with Stephen Behnke
    Noûs 34 (s14): 301-323. 2000.
    Multiple Personality Disorder (MPD), now also known as Dissociative Iden- tity Disorder, raises many questions about the nature of persons, the goals of treatment, the suggestibility of patients, and the reliability of defendant reports of their own mental states. These issues become crucial when courts need to decide whether or not to punish a person with MPD who has committed a crime. This paper will explore that issue and propose a test of when people with MPD should be held criminally respon…Read more
  •  84
    Ideal for undergraduate courses in philosophy of law, this comprehensive anthology examines such topics as the concept of law, the dispute between natural law theorists and legal positivists, the relations between law and morality, criminal responsibility and legal punishment, the rights of the individual against the state, justice and equality, and legal evidence as compared with scientific evidence. The readings have been selected from both philosophy and law journals and include classic texts…Read more