A deferred prosecution agreement, or DPA, allows a corporation, instead of proceeding to trial on a criminal charge, to settle matters with the state by acknowledging the facts on which any charge would be based, pay a reduced fine, and agree to change the way they conduct business. Critics of DPAs have suggested that, because the defendant corporation must pay a fine and submit to structural reform without having been found guilty at trial, DPAs violate the Presumption of Innocence. This (...) paper argues that they do not. The paper appeals to the role of civic trust in a liberal political community. The obligations a corporation assumes in a DPA can be framed as a reasonable retributive response to a breach by that corporation of the community’s laws, and an appropriate reassurance by that corporation to the community that such breaches will not reoccur. This framing is sufficient to deny that DPAs violate the Presumption of Innocence. (shrink)

This essay discusses Stanley Cavell’s remarkable interpretation of Emmanuel Levinas’s thought against the background of his own ongoing engagement with Wittgenstein, Austin, and the problem of other minds. This unlikely debate, the only extensive discussion of Levinas by Cavell in his long philosophical career sofar, focuses on their different reception of Descartes’s idea of the infinite. The essay proposes to read both thinkers against the background of Wittgenstein’s model of philosophical meditation and raises the question as to whether Cavell and (...) Levinas do not indirectly shed light on the early modern motif of the spiritual automaton. (shrink)

What does ordinary language philosophy contribute to the solution of the problems it diagnoses as violations of linguistic use? One of its biggest challenges has been to account for the epistemic asymmetry of mental states experienced by the subject of those states and the application of psychological properties to others. The epistemology of other minds appears far from resolved with reference to how sensation words are used in everyday language. In this paper, I revisit the Wittgensteinian arguments and show how (...) they engage the ordinary language method (in the modified form of grammatical investigation) to ‘dissolve’ the problem. Several important results are generated by way of this reconstruction. An expressive view of the vocabulary of sensation is defended which facilitates a discussion of sensation discourse emphasising the normative grammatical conditions for the communication of psychological states. This motivates a reassessment of criterial justification for the ascription of psychological concepts in the third person. In the final sections, I mobilise a normative approach to expose the moral relevance of the epistemology of other minds. Even if it is conceded that belief in other minds lacks warrant from an epistemological standpoint, this does not justify adopting the skeptical attitude from an ethical standpoint. In light of this, a normative justification for the a priori belief that others are subjects of consciousness is defended. (shrink)

If we want reasoning to bridge cultural differences, argumentation theory has to show when and why to invoke a “disposition to co-operate.” But it is crucial to re-interpret co-operation as a function of relationships and processes, not as a disposition of individuals. Co-operative relationships and processes can then provide the vital path from individual scepticism to the mutual trust needed to work through difficult disputes.