Work on analogy has been done from a number of disciplinary perspectives throughout the history of Western thought. This work is a multidisciplinary guide to theorizing about analogy. It contains 1,406 references, primarily to journal articles and monographs, and primarily to English language material. classical through to contemporary sources are included. The work is classified into eight different sections (with a number of subsections). A brief introduction to each section is provided. Keywords and key expressions of importance to research on (...) analogy are discussed in the introductory material. Electronic resources for conducting research on analogy are listed as well. (shrink)

This paper examines the concept of coherence and its role in legal reasoning. First, it identifies some problem areas confronting coherence theories of legal reasoning about both disputed questions of fact and disputed questions of law. Second, with a view to solving these problems, it proposes a coherence model of legal reasoning. The main tenet of this coherence model is that a belief about the law and the facts under dispute is justified if it is “optimally coherent,” that is, if (...) it is such that an epistemically responsible legal decision-maker would have accepted it as justified by virtue of its coherence in like circumstances. Last, looking beyond the coherence theory, the paper explores the implications of the version of legal coherentism proposed for a general theory of legal reasoning and rationality. (shrink)

The cognitive critique of the goals and desires that are input into the implicit calculations that result in instrumental rationality is one aspect of what has been termed broad rationality (Elster, 1983). This cognitive critique involves, among other things, the search for rational integration (Nozick, 1993)—that is, consistency between first-order and second-order preferences. Forming a second-order preference involves metarepresentational abilities made possible by mental decoupling operations. However, these decoupling abilities are separable from the motive that initiates the cognitive critique itself. (...) I argue that Velleman (1992) has identified that motive (“the desire to act in accordance with reasons”), and that it might be operationalisable as a thinking disposition at a very superordinate cognitive level. This thinking disposition, the Master Rationality Motive, is likely to be of particular importance in explaining individual differences in the tendency to seek rational integration. Preliminary research on related constructs suggests that this construct is measurable. (shrink)

Accusations of hypocrisy in law and politics typically invoke hypocrisy as a personal failing. This locution misses the much more dangerous way laws and legal institutions themselves can be hypocritical. Hypocrisy can be equally revealed when an institution not only deceives another but acts against its avowed values or does not act in ways required by the values professed. Thus, legal actors, institutions, and norms can, in their institutional role, act against the values they avow, displaying legal hypocrisy. By avowing (...) attractive values while acting in ways that undermine those values, laws and legal institutions victimize citizens to achieve goals that could not be openly justified. In doing so, hypocritical laws not only harm their victims but, by obscuring the injury, undermine the victim’s ability to call the law into account. Hypocrisy is important to highlight precisely because it suffocates the voice of its victims. Because hypocrisy takes advantage of a person while only pretending to justify one’s actions, hypocrisy not only harms citizens but treats them with a form of contempt. The vicious irony is that hypocrisy in the law not only harms its “direct victims” but ultimately undermines the very rule of law. (shrink)

It is undeniable that human agents sometimes act badly, and it seems that they sometimes pursue bad things simply because they are bad. This latter phenomenon has often been taken to provide counterexamples to views according to which we always act under the guise of the good. This paper identifies several distinct arguments in favour of the possibility that one can act under the guise of the bad. GG seems to face more serious difficulties when trying to answer three different, (...) but related, arguments for the possibility of acting under the guise of the bad. The main strategies available to answer these objections end up either undermining the motivation for GG or failing to do full justice to the nature of perverse motivation. However, these difficulties turn out to be generated by focusing on a particular version of GG, what I call the “content version”. But we have independent reasons to prefer a different version of GG; namely, the “attitude version”. The attitude version allows for a much richer understanding of the possibility of acting on what we conceive to be bad. Drawing on an analogy with theoretical akrasia and theoretical perversion, I try to show how the attitude version can provide a compelling account of perverse actions. (shrink)

This paper takes up David Gauthier's most recent defense of the rationality of cooperation in prisoner's dilemmas. In that defense, Gauthier argues for a Pareto-optimizing theory of rational choice. According to Gauthier, rational action should sometimes aim at Pareto-optimization, and cooperation in prisoner's dilemmas is rational because it is Pareto-optimizing. I argue that Pareto-optimization cannot justify cooperation in the prisoner's dilemma in a manner that is also consistent with Gauthier's other desiderata. Either: the rationality of cooperation must derive from what (...) is beneficial for the group rather than what is beneficial for the individual, leaving the individual qua individual without any reason to cooperate, or Gauthier cannot explain why defecting in prisoner's dilemmas is not also rational. (shrink)

Standard game theory cannot explain the selection of payoff-dominant outcomes that are best for all players in common-interest games. Theories of team reasoning can explain why such mutualistic cooperation is rational. They propose that teams can be agents and that individuals in teams can adopt a distinctive mode of reasoning that enables them to do their part in achieving Pareto-dominant outcomes. We show that it can be rational to play payoff-dominant outcomes, given that an agent group identifies. We compare team (...) reasoning to other theories that have been proposed to explain how people can achieve payoff-dominant outcomes, especially with respect to rationality. Some authors have hoped that it would be possible to develop an argument that it is rational to group identify. We identify some large—probably insuperable—problems with this project and sketch some more promising approaches, whereby the normativity of group identification rests on morality. (shrink)

Susan Hurley's shared circuits model (SCM) rightly begins in action and progresses through a series of layers; but it fails to reach action understanding because it relies on mirroring as a driving force, draws on heavily criticized theories, and neglects the need for shared experience in our grasp of social understanding.