Steven Swartzer

This paper explores communicative punishment from a non-idealized perspective. I argue that, given the specific racial dynamics involved, and given the broader social and historical context in which they are embedded, American policing and punishment function as a form of racially derogatory discourse. Understood as communicative behavior, criminal justice activities express a commitment to a broader ideology. Given the facts about how the American justice system actually operates, and given its broader socio-political context, American carceral behaviors express a commitment to the same types of derogatory, subordinating anti-minority ideologies that are paradigmatically conveyed through racial slurs and similar forms of derogatory speech. Moreover, I argue, this derogatory meaning presents a significant obstacle to adequate criminal justice reform.

In the United States, convicted offenders frequently lose the right to vote, at least temporarily. Drawing on the common observation that citizens of color lose democratic rights at disproportionately high rates, this chapter argues that this punishment is problematic in non-ideal societies because of the way in which it diminishes the political power of marginalized groups and threatens to reproduce patterns of domination and subordination, when they occur. This chapter then uses the case of penal disenfranchisement to illustrate how idealized discussions of deterrence, rehabilitation, and retribution often ignore the relationship between punishment and social/political power, and thus systematically obscure morally significant aspects of our broader penal practices.

Several prominent philosophers have argued that the fact that depressed agents sometimes make moral judgments without being appropriately motivated supports Humean externalism – the view that moral motivation must be explained in terms of desires that are distinct from or “external” to an agent’s motivationally inert moral judgments. This essay argues that such motivational failures do not, in fact, provide evidence for this view. I argue that, if the externalist argument from depression is to undermine a philo-sophically important version of internalism, it must make use of a general assumption about motivational states. However, at a reasonable level of abstraction, the needed assumption also implies that even desires could not be effective sources of motivation. For, just as depressed agents might sometimes lack motivation to act consistently with their moral judgments, they also sometimes lack motivation to pursue their desires. Moreover, the most plausible responses that Humeans can give to this general argument undermine the externalist case against internalism. Thus, there is a deep tension between the argument from depression for externalism and a fundamental Humean commitment.

Humean externalism is the view that moral motivation must be explained in terms of desires that are “external” to an agent’s motivationally-inert moral judgments. A standard argument in favor of Humean externalism appeals to the possibility of amoral or morally cynical agents—agents for whom moral considerations gain no motivational traction. The possibility of such agents seems to provide evidence for both the claim that moral judgments are themselves motivationally inert, and the claim that moral motivation has its source in desires external to those judgments. This essay makes the case that, rather than providing a compelling argument in favor of Humean externalism, the argument from amoralism can be recast to set up an important challenge to this view. On one hand, it appears that the central methodological considerations and types of evidence that undergird the externalist argument from amoralism are in tension with a central Humean commitment: namely, that desires can be sources of motivation. While it is possible for Humeans to escape this horn of the dilemma, the most plausible strategies for doing so can be co-opted by internalists to resist the argument’s externalist conclusion.

Some motivational cognitivists believe that there are besires—cognitive mental states (typically moral beliefs) that share the key feature of desire (typically desire’s ‘direction of fit’) in virtue of which they are capable of being directly motivational. Besires have been criticized by Humeans and cognitivists alike as philosophically extravagant, incoherent, ad hoc, and incompatible with folk psychology. I provide a response to these standard objections to besires—one motivated independently of common anti-Humean intuitions about the motivational efficacy of moral judgments. I proceed by examining a hypothesis about the nature of appetitive desires—that these paradigmatic motivational attitudes are a mode of perceptual experience—and argue that this hypothesis is committed to the existence of besires. However, despite its commitment to besires, this hypothesis is not extravagant, incoherent, ad hoc, or incompatible with folk psychology. In other words, the standard complaints about besires all fail. The upshot is that there is nothing bizarre about besires, and motivational cognitivism takes on no additional costs by positing them.

This dissertation defends a cognitivist alternative to the Humean belief-desire theory of motivation against standard philosophical arguments. Moral judgments influence our action. For instance, someone might donate to charity because she believes she has a duty to give back to her community. According to the Humean orthodoxy, some additional state—some passion or desire—is needed to explain her action. She may want to donate the money, to give back to her community, or to fulfill her duty. Yet there must be something she wants, the Humean insists, because only desires are capable of moving us. Even moral judgment is no more than desire’s slave. This dissertation explores the possibility that cognitive states are capable of playing a directly motivational role. I argue that the standard philosophical arguments against this possibility do not survive close scrutiny. Instead of proceeding from assumptions about rationality, morality, and agency that frequently drive motivational cognitivists, my arguments are distinctive in that they are built largely out of Humean materials; these arguments show how cognitivism is compatible with many of the considerations Humeans have used to make their account seem compelling. For instance, agents who are unmoved by their moral judgments are often taken as evidence for the Humean Theory. This is odd, since agents are not uniformly moved by their desires either. Moral beliefs and desires seem as though they may be closely analogous in this respect. I also try to show that desire-based motivation might serve as a useful model for cognitive motivation by arguing that cognitivists can explain motivated action in ways that parallel desire-based explanations. While these cognitivist explanations are committed to the existence of besires, I argue that this is no problem for the view. Humean a priori proclamations that besires would be incoherent or absurd notwithstanding, the arguments of this dissertation suggest that besires are not so bizarre. Indeed, I argue that their existence would follow from plausible empirical hypotheses.