Alexander Greenberg

A popular way to try to justify holding defendants criminally responsible for inadvertent negligence is via an indirect or ‘tracing’ approach, i.e. an approach which traces the inadvertence back to prior culpable action. I argue that this indirect approach to criminal negligence fails because it can’t account for a key feature of how criminal negligence should be (and sometimes is) assessed. Specifically, it can’t account for why, when considering whether a defendant is negligent, what counts as a risk should be assessed relative to the defendant’s evidence.

Should I believe something if and only if it’s true? Many philosophers have objected to this kind of truth norm, on the grounds that it’s not the case that one ought to believe all the truths. For example, some truths are too complex to believe; others are too trivial to be worth believing. Philosophers who defend truth norms often respond to this problem by reformulating truth norms in ways that do not entail that one ought to believe all the truths. Many of these attempts at reformulation, I’ll argue, have been missteps. A number of these different reformulations are incapable of carrying out a central role a truth norm is meant to play, that of explaining justification. The truth norm I’ll defend, however, avoids the implausible results of a prescription to believe all the truths, but doesn’t thereby fail to explain justification. This norm, introduced by Conor McHugh, states that if one has some doxastic attitude about p—i.e. if one believes, disbelieves, or suspends judgement about whether p—then one ought to believe that p if and only if p is true.

Philosophy is witnessing an “Agential Turn,” characterised by the thought that explaining certain distinctive features of human mentality requires conceiving of many mental phenomena as acts, and of subjects as their agents. We raise a challenge for three central explanatory appeals to mental agency––agentialism about doxastic responsibility, agentialism about doxastic self‐knowledge, and an agentialist explanation of the delusion of thought insertion: agentialists either commit themselves to implausibly strong claims about the kind of agency involved in the relevant phenomena, or make appeals to agency which seem explanatorily redundant. The agentialist literature does not contain a clear answer to this Agentialist Dilemma, and we put it forward here as a core challenge for the Agential Turn. But we also accept the fundamental motivation behind the Agential Turn, its critique and rejection of a purely passivist and spectatorial conception of the human mind. We close by urging the recognition of a broader category of rational subjectivity, a category which includes states which are neither active nor passive, but nevertheless form part of a subject's rational point of view on the world.

There are norms on action and norms on assertion. That is, there are things we should and shouldn't do, and things we should and shouldn't say. How do these two kinds of norm relate? Are norms on assertion reducible to norms on action? Many philosophers think they are not. These philosophers claim there is a sui generis norm specific to assertion, a norm which is also often claimed to be constitutive of assertion. Both claims, I argue, should be rejected. The phenomenon claimed to support them – the intuitive wrongness of certain assertions – does not in fact support them. Because assertion is an action, the wrongness of assertions can be explained purely by norms on action. And the specifically epistemic wrongness an assertion norm is typically supposed to explain can be explained by an uncontroversial norm on action: one shouldn't act on epistemically faulty beliefs. No additional sui generis norm on assertion is needed.

We seem to be responsible for our beliefs in a distinctively epistemic way. We often hold each other to account for the beliefs that we hold. We do this by criticising other believers as ‘gullible’ or ‘biased’, and by trying to persuade others to revise their beliefs. But responsibility for belief looks hard to understand because we seem to lack control over our beliefs. In this paper, I argue that we can make progress in our understanding of responsibility for belief by thinking about it in parallel with another kind of responsibility: legal responsibility for criminal negligence. Specifically, I argue that that a popular account of responsibility for belief, which grounds it in belief’s reasons-responsiveness, faces a problem analogous to one faced by H.L.A. Hart’s influential capacity-based account of culpability. This points towards a more promising account of responsibility of belief, though, if we draw on accounts of negligence that improve on Hart’s. Broadly speaking, the account of negligence that improves on Hart’s account grounds culpability in a concern for others’ interests, whereas my account of epistemic responsibility grounds responsibility for belief in a concern for the truth.

Philosophy is witnessing an “Agential Turn,” characterised by the thought that explaining certain distinctive features of human mentality requires conceiving of many mental phenomena as acts, and of subjects as their agents. We raise a challenge for three central explanatory appeals to mental agency––agentialism about doxastic responsibility, agentialism about doxastic self‐knowledge, and an agentialist explanation of the delusion of thought insertion: agentialists either commit themselves to implausibly strong claims about the kind of agency involved in the relevant phenomena, or make appeals to agency which seem explanatorily redundant. The agentialist literature does not contain a clear answer to this Agentialist Dilemma, and we put it forward here as a core challenge for the Agential Turn. But we also accept the fundamental motivation behind the Agential Turn, its critique and rejection of a purely passivist and spectatorial conception of the human mind. We close by urging the recognition of a broader category of rational subjectivity, a category which includes states which are neither active nor passive, but nevertheless form part of a subject's rational point of view on the world.

According to constitutivists about epistemic normativity, epistemic normativity is explained by the nature of belief. Specifically, it is explained by the fact that, as a matter of conceptual necessity, belief stands in a normative relation to truth. We ask whether there are persuasive arguments for the claim that belief stands in such a relation to truth. We examine and critique two arguments for this claim. The first is based on the transparency of belief. The second is based on Moore-paradoxical sentences. We develop a common objection to both. Both arguments are reliant on implausible claims about the relation between accepting a norm and being motivated by it. This point has sometimes been made in connection with the transparency of belief. But its development and application to Moore-paradoxical sentences are, we believe, novel.

Philosophy is witnessing an ‘Agential Turn’, characterised by the thought that explaining certain distinctive features of human mentality requires conceiving of many mental phenomena as acts, and of subjects as their agents. We raise a challenge for three central explanatory appeals to mental agency – agentialism about doxastic responsibility, agentialism about doxastic self-knowledge, and an agentialist explanation of the delusion of thought insertion: agentialists either commit themselves to implausibly strong claims about the kind of agency involved in the relevant phenomena, or make appeals to agency which seem explanatorily redundant. The agentialist literature does not contain a clear answer to this Agentialist Dilemma, and we put it forward here as a core challenge for the Agential Turn. But we also accept the fundamental motivation behind the Agential Turn, its critique and rejection of a purely passivist and spectatorial conception of the human mind. We close by urging the recognition of a broader category of rational subjectivity, a category which includes states which are neither active nor passive, but nevertheless form part of a subject’s rational point of view on the world.

The distinction between the criminal fault elements of recklessness and negligence is one of Anglo-American criminal law’s key distinctions. It is a distinction with practical significance, as many serious crimes require at least recklessness and cannot be committed negligently. The distinction is standardly marked by awareness. Recklessness requires awareness that one’s conduct carries a risk of harm. Negligence only requires that one ought to have been aware that one’s conduct carried such a risk, even if one was in fact unaware of this. But should the recklessness/negligence distinction be marked by awareness of risk, or by something else? Does a defendant’s awareness of risk really have the normative significance to mark such a distinction? In this paper, I answer these questions by discussing a challenge to this ‘standard account’ of the recklessness/negligence distinction raised by the work of Antony Duff, who defends an alternative, non-awareness-based model of the recklessness/negligence distinction. I will argue that, although Duff’s alternative model fails, seeing how it goes wrong helps us see how awareness genuinely does have the right kind of normative significance to mark the distinction between recklessness and negligence.