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  1. Folk psychology is not a predictive device.Adam Morton - 1996 - Mind 105 (417):119-37.
    I argue that folk psychology does not serve the purpose of facilitating prediction of others' behaviour but if facilitating cooperative action. (See my subsequent book *The Importance of Being Understood*.
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  • Procedural Moral Enhancement.G. Owen Schaefer & Julian Savulescu - 2016 - Neuroethics 12 (1):73-84.
    While philosophers are often concerned with the conditions for moral knowledge or justification, in practice something arguably less demanding is just as, if not more, important – reliably making correct moral judgments. Judges and juries should hand down fair sentences, government officials should decide on just laws, members of ethics committees should make sound recommendations, and so on. We want such agents, more often than not and as often as possible, to make the right decisions. The purpose of this paper (...)
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  • Instrumentalism about practical reason: not by default.Thomas Schmidt - 2016 - Philosophical Explorations 19 (1):17-27.
    Instrumentalism is the view that all requirements of practical reason can be derived from the instrumental principle, that is, from the claim that one ought to take the suitable means to one's ends. Rationalists, by contrast, hold that there are requirements of practical reason that concern the normative acceptability of ends. To the extent that rationalists put forward these requirements in addition to the instrumental principle, rationalism might seem to go beyond instrumentalism in its normative commitments. This is why it (...)
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  • The Scope of Instrumental Morality.Michael Moehler - 2014 - Philosophical Studies 167 (2):431-451.
    In The Order of Public Reason (2011a), Gerald Gaus rejects the instrumental approach to morality as a viable account of social morality. Gaus' rejection of the instrumental approach to morality, and his own moral theory, raise important foundational questions concerning the adequate scope of instrumental morality. In this article, I address some of these questions and I argue that Gaus' rejection of the instrumental approach to morality stems primarily from a common but inadequate application of this approach. The scope of (...)
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  • Race Research and the Ethics of Belief.Jonny Anomaly - 2017 - Journal of Bioethical Inquiry 14 (2):287-297.
    On most accounts, beliefs are supposed to fit the world rather than change it. But believing can have social consequences, since the beliefs we form underwrite our actions and impact our character. Because our beliefs affect how we live our lives and how we treat other people, it is surprising how little attention is usually given to the moral status of believing apart from its epistemic justification. In what follows, I develop a version of the harm principle that applies to (...)
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  • Formalizing Darwinism, Naturalizing Mathematics.Fabio Sterpetti - 2015 - Paradigmi. Rivista di Critica Filosofica 33 (2):133-160.
    In the last decades two different and apparently unrelated lines of research have increasingly connected mathematics and evolutionism. Indeed, on the one hand different attempts to formalize darwinism have been made, while, on the other hand, different attempts to naturalize logic and mathematics have been put forward. Those researches may appear either to be completely distinct or at least in some way convergent. They may in fact both be seen as supporting a naturalistic stance. Evolutionism is indeed crucial for a (...)
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  • (1 other version)Rationality and its contexts.Timothy Lane - 2016 - In Timothy Joseph Lane & Tzu-Wei Hung (eds.), Rationality: Constraints and Contexts. London, U.K.: Elsevier Academic Press. pp. 3-13.
    A cursory glance at the list of Nobel Laureates for Economics is sufficient to confirm Stanovich’s description of the project to evaluate human rationality as seminal. Herbert Simon, Reinhard Selten, John Nash, Daniel Kahneman, and others, were awarded their prizes less for their work in economics, per se, than for their work on rationality, as such. Although philosophical works have for millennia attempted to describe, explicate and evaluate individual and collective aspects of rationality, new impetus was brought to this endeavor (...)
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  • How to Pay for Public Education.Mark R. Reiff - 2014 - Theory and Research in Education 12 (1):4-52.
    For years now, public education, and especially public higher education has been under attack. Funding has been drastically reduced, fees increased, and the seemingly irresistible political force of ever-tightening austerity budgets threatens to cut it even more. But I am not going to take the standard line that government financial support for public higher education should be increased. I view that battle as already lost. What I am going to propose is that we stop arguing about the allocation or reallocation (...)
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  • (1 other version)The Many Moral Particularisms.Sean McKeever & Michael Ridge - 2005 - Canadian Journal of Philosophy 35 (1):83-106.
    What place, if any, moral principles should or do have in moral life has been a longstanding question f or moral philosophy. For some, the proposition that moral philosophy should strive to articulate moral principles has been an article of faith. At least since Aristotle, however, there has been a rieh counter-tradition that questions the possibility or value of trying to capture morality in principled terms. In recent years, philosophers who question principled approaches to morality have argued under the banner (...)
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  • Epistemic utility theory’s difficult future.Chad Marxen - 2021 - Synthese 199 (3-4):7401-7421.
    According to epistemic utility theory, epistemic rationality is teleological: epistemic norms are instrumental norms that have the aim of acquiring accuracy. What’s definitive of these norms is that they can be expected to lead to the acquisition of accuracy when followed. While there’s much to be said in favor of this approach, it turns out that it faces a couple of worrisome extensional problems involving the future. The first problem involves credences about the future, and the second problem involves future (...)
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  • The Evidentialist's Wager.William MacAskill, Aron Vallinder, Caspar Oesterheld, Carl Shulman & Johannes Treutlein - 2021 - Journal of Philosophy 118 (6):320-342.
    Suppose that an altruistic agent who is uncertain between evidential and causal decision theory finds herself in a situation where these theories give conflicting verdicts. We argue that even if she has significantly higher credence in CDT, she should nevertheless act in accordance with EDT. First, we claim that the appropriate response to normative uncertainty is to hedge one's bets. That is, if the stakes are much higher on one theory than another, and the credences you assign to each of (...)
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  • Rational beliefs in rationalizability.Xiao Luo - 2016 - Theory and Decision 81 (2):189-198.
    In this paper I scrutinize the “rational beliefs” in the concept of rationalizability in strategic games [Bernheim, Pearce ]. I illustrate through an example that a rationalizable strategy may not be supported by a “rational belief”, at least under one plausible interpretation of “rational belief”. I offer an alternative formulation of “rational belief” in the concept of rationalizability, which yields a novel epistemic interpretation of the notion of point-rationalizability.
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  • Reasons for Action and Psychological Capacities.Rosemary Lowry - 2012 - Ethical Theory and Moral Practice 15 (4):521 - 531.
    Most moral philosophers agree that if a moral agent is incapable of performing some act ϕ because of a physical incapacity, then they do not have a reason to ϕ. Most also claim that if an agent is incapable of ϕ-ing due to a psychological incapacity, brought about by, for example, an obsession or phobia, then this does not preclude them from having a reason to ϕ. This is because the 'ought implies can' principle is usually interpreted as a claim (...)
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  • Epistemic instrumentalism.Matthew Lockard - 2013 - Synthese 190 (9):1701-1718.
    According to epistemic instrumentalism, epistemically rational beliefs are beliefs that are produced in ways that are conducive to certain ends that one wants to attain. In “Epistemic Rationality as Instrumental Rationality: A Critique,” Thomas Kelly advances various objections to epistemic instrumentalism. While I agree with the general thrust of Kelly’s objections, he does not distinguish between two forms of epistemic instrumentalism. Intellectualist forms maintain that epistemically rational beliefs are beliefs arrived at in compliance with rules that are conducive to epistemic (...)
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  • Neuroprediction, Truth-Sensitivity, and the Law.Kasper Lippert-Rasmussen - 2014 - The Journal of Ethics 18 (2):123-136.
    A recent argument by Nadelhoffer et al. defends a cautious optimism regarding the use of neuroprediction in relation to sentencing based, in part, on an assessment of the offender’s dangerousness. While this optimism may be warranted, Nadelhoffer et al.’s argument fails to justify it. Although neuropredictions provide individualized, non-statistical evidence they will often be problematic for the same reason that basing sentencing on statistical evidence is, to wit, that such predictions are insensitive to the offender’s dangerousness in relevant counterfactual situations (...)
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  • Newcomb’s problem isn’t a choice dilemma.Zhanglyu Li & Frank Zenker - 2021 - Synthese 199 (1-2):5125-5143.
    Newcomb’s problem involves a decision-maker faced with a choice and a predictor forecasting this choice. The agents’ interaction seems to generate a choice dilemma once the decision-maker seeks to apply two basic principles of rational choice theory : maximize expected utility ; adopt the dominant strategy. We review unsuccessful attempts at pacifying the dilemma by excluding Newcomb’s problem as an RCT-application, by restricting MEU and ADS, and by allowing for backward causation. A probability approach shows that Newcomb’s original problem-formulation lacks (...)
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  • How Supererogation Can Save Intrapersonal Permissivism.Han Li - 2019 - American Philosophical Quarterly 56 (2):171-186.
    Rationality is intrapersonally permissive just in case there are multiple doxastic states that one agent may be rational in holding at a given time, given some body of evidence. One way for intrapersonal permissivism to be true is if there are epistemic supererogatory beliefs—beliefs that go beyond the call of epistemic duty. Despite this, there has been almost no discussion of epistemic supererogation in the permissivism literature. This paper shows that this is a mistake. It does this by arguing that (...)
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  • A Theory of Epistemic Supererogation.Han Li - 2018 - Erkenntnis 83 (2):349-367.
    Though there is a wide and varied literature on ethical supererogation, there has been almost nothing written about its epistemic counterpart, despite an intuitive analogy between the two fields. This paper seeks to change this state of affairs. I will begin by showing that there are examples which intuitively feature epistemically supererogatory doxastic states. Next, I will present a positive theory of epistemic supererogation that can vindicate our intuitions in these examples, in an explanation that parallels a popular theory of (...)
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  • Money as tool, money as drug: The biological psychology of a strong incentive.Stephen E. G. Lea & Paul Webley - 2006 - Behavioral and Brain Sciences 29 (2):161-209.
    Why are people interested in money? Specifically, what could be the biological basis for the extraordinary incentive and reinforcing power of money, which seems to be unique to the human species? We identify two ways in which a commodity which is of no biological significance in itself can become a strong motivator. The first is if it is used as a tool, and by a metaphorical extension this is often applied to money: it is used instrumentally, in order to obtain (...)
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  • The trouble with prudence.Anthony Simon Laden - 2009 - Philosophical Explorations 12 (1):19 – 40.
    Standard discussions of prudence treat it as requiring time-slice management. That this is the standard view of prudence can be seen by its presence in two seemingly opposed positions on prudence, those of Thomas Nagel and Derek Parfit. I argue that this kind of view fails to properly appreciate the difficulty with being prudent, treating imprudence as a kind of theoretical mistake. I then offer a characterization of prudence as integrity, the holding together of disparate but temporally extended parts of (...)
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  • Skepticism, Mental Disorder and Rationality.Christos Kyriacou - 2023 - International Journal for the Study of Skepticism 13 (1):1-30.
    I stipulate and motivate the overlooked problem of demarcating radical skeptics (perceptual and moral) from mentally disordered persons, given that both deny that they know ordinary Moorean propositions (e.g., that they have hands or that killing for fun is morally wrong). Call this ‘the demarcation problem’. In response to the demarcation problem, I develop a novel way to demarcate between mentally disordered persons and radical skeptics in an extensionally adequate way that saves the appearance that radical skeptics are not mentally (...)
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  • (1 other version)Evolutionary debunking: the Milvian Bridge destabilized.Christos Kyriacou - 2019 - Synthese 196 (7):2695-2713.
    Recent literature has paid attention to a demarcation problem for evolutionary debunking arguments. This is the problem of asking in virtue of what regulative metaepistemic norm evolutionary considerations either render a belief justified, or debunk it as unjustified. I examine the so-called ‘Milvian Bridge principle’ A new science of religion, Routledge, New York, 2012; Sloan, McKenny, Eggelson Darwin in the 21st century: nature, humanity, and God, University Press, Notre Dame, 2015)), which offers exactly such a called for regulative metaepistemic norm. (...)
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  • Information, Meaning, and Error in Biology.Lucy A. K. Kumar - 2014 - Biological Theory 9 (1):89-99.
    Whether “information” exists in biology, and in what sense, has been a topic of much recent discussion. I explore Shannon, Dretskean, and teleosemantic theories, and analyze whether or not they are able to give a successful naturalistic account of information—specifically accounts of meaning and error—in biological systems. I argue that the Shannon and Dretskean theories are unable to account for either, but that the teleosemantic theory is able to account for meaning. However, I argue that it is unable to account (...)
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  • An epistemic value theory.Dennis Whitcomb - 2007 - Dissertation, Rutgers
    For any normative domain, we can theorize about what is good in that domain. Such theories include utilitarianism, a view about what is good morally. But there are many domains other than the moral; these include the prudential, the aesthetic, and the intellectual or epistemic. In this last domain, it is good to be knowledgeable and bad to ignore evidence, quite apart from the morality, prudence, and aesthetics of these things. This dissertation builds a theory that stands to the epistemic (...)
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  • Is depressive rumination rational?Timothy Lane & Georg Northoff - 2016 - In Timothy Joseph Lane & Tzu-Wei Hung (eds.), Rationality: Constraints and Contexts. London, U.K.: Elsevier Academic Press. pp. 121-145.
    Most mental disorders affect only a small segment of the population. On the reasonable assumption that minds or brains are prone to occasional malfunction, these disorders do not seem to pose distinctive explanatory problems. Depression, however, because it is so prevalent and costly, poses a conundrum that some try to explain by characterizing it as an adaptation—a trait that exists because it performed fitness-enhancing functions in ancestral populations. Heretofore, proposed evolutionary explanations of depression did not focus on thought processes; instead, (...)
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  • Can the lottery paradox be solved by identifying epistemic justification with epistemic permissibility?Benjamin Kiesewetter - 2019 - Episteme 16 (3):241-261.
    Thomas Kroedel argues that the lottery paradox can be solved by identifying epistemic justification with epistemic permissibility rather than epistemic obligation. According to his permissibility solution, we are permitted to believe of each lottery ticket that it will lose, but since permissions do not agglomerate, it does not follow that we are permitted to have all of these beliefs together, and therefore it also does not follow that we are permitted to believe that all tickets will lose. I present two (...)
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  • Sunk costs, rationality, and acting for the sake of the past.Thomas Kelly - 2004 - Noûs 38 (1):60–85.
    If you are more likely to continue a course of action in virtue of having previously invested in that course of action, then you tend to honor sunk costs. It is widely thought both that (i) individuals often do give some weight to sunk costs in their decision-making and that (ii) it is irrational for them to do so. In this paper I attempt to cast doubt on the conventional wisdom about sunk costs, understood as the conjunction of these two (...)
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  • Moorean Facts and Belief Revision, or Can the Skeptic Win?Thomas Kelly - 2005 - Philosophical Perspectives 19 (1):179-209.
    A Moorean fact, in the words of the late David Lewis, is ‘one of those things that we know better than we know the premises of any philosophical argument to the contrary’. Lewis opens his seminal paper ‘Elusive Knowledge’ with the following declaration.
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  • Following the argument where it leads.Thomas Kelly - 2011 - Philosophical Studies 154 (1):105-124.
    Throughout the history of western philosophy, the Socratic injunction to ‘follow the argument where it leads’ has exerted a powerful attraction. But what is it, exactly, to follow the argument where it leads? I explore this intellectual ideal and offer a modest proposal as to how we should understand it. On my proposal, following the argument where it leaves involves a kind of modalized reasonableness. I then consider the relationship between the ideal and common sense or ‘Moorean’ responses to revisionary (...)
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  • Justícia, incentius i constructivisme.Andrew Williams - 2009 - Enrahonar: Quaderns de Filosofía 43:15-30.
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  • In defence of repugnance.Michael Huemer - 2008 - Mind 117 (468):899-933.
    I defend the 'Repugnant' Conclusion that for any possible population of happy people, a population containing a sufficient number of people with lives barely worth living would be better. Four lines of argument converge on this conclusion, and the conclusion has a simple, natural theoretical explanation. The opposition to the Repugnant Conclusion rests on a bare appeal to intuition. This intuition is open to charges of being influenced by multiple distorting factors. Several theories of population ethics have been devised to (...)
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  • The Rational Reconstruction of Argumentation Referring to Consequences and Purposes in the Application of Legal Rules: A Pragma-Dialectical Perspective.Eveline T. Feteris - 2005 - Argumentation 19 (4):459-470.
    In this paper, the author develops an instrument for the rational reconstruction of argumentation in which a judicial decision is justified by referring to the consequences in relation to the purpose of the rule. The instrument is developed by integrating insights from legal theory and legal philosophy about the function and use of arguments from consequences in relation to the purpose of a rule into a pragma-dialectical framework. Then, by applying the instrument to the analysis of examples from legal practice, (...)
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  • (1 other version)Commentary/Elqayam & Evans: Subtracting “ought” from “is”.Natalie Gold, Andrew M. Colman & Briony D. Pulford - 2011 - Behavioral and Brain Sciences 34 (5).
    Normative theories can be useful in developing descriptive theories, as when normative subjective expected utility theory is used to develop descriptive rational choice theory and behavioral game theory. “Ought” questions are also the essence of theories of moral reasoning, a domain of higher mental processing that could not survive without normative considerations.
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  • Active agents.Vincent F. Hendricks - 2003 - Journal of Logic, Language and Information 12 (4):469-495.
    The purpose of this survey is twofold: (1) to place some centralthemes of epistemic logic in a general epistemological context,and (2) to outline a new framework for epistemic logic developedjointly with S. Andur Pedersen unifying some key ``mainstream''epistemological concerns with the ``formal'' epistemologicalapparatus.
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  • Foundations of Contemporary Revealed Preference Theory.D. Wade Hands - 2013 - Erkenntnis 78 (5):1081-1108.
    This paper examines methodological issues raised by revealed preference theory in economics: particularly contemporary revealed preference theory. The paper has three goals. First, to make the case that revealed preference theory is a broad research program in choice theory—not a single theory—and understanding this diversity is essential to any methodological analysis of the program. Second, to explore some of the existing criticisms of revealed preference theory in a way that emphasizes how the effectiveness of the critique depends on the particular (...)
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  • The relatively happy fish.Chad Hansen - 2003 - Asian Philosophy 13 (2 & 3):145 – 164.
    Zhuangzi and Hui Shi's discussion about whether Zhuangzi knows 'fish's happiness' is a Daoist staple. The interpretations, however, portray it as humorous miscommunication between a mystic and a logician. I argue for a fine inferential analysis that explains the argument in a way that informs Zhuangzi philosophical lament at Hui Shi's passing. It also reverses the dominant image of the two thinkers. Zhuangzi emerges as the superior dialectician, the clearer, more analytic epistemologist. Hui Shi's arguments betray his tendency (manifest elsewhere) (...)
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  • Hume on Justice.Rosalind Hursthouse - 2010 - In Charles Pigden (ed.), Hume on Is and Ought. New York: Palgrave-Macmillan. pp. 264.
    What motivates the benevolent or charitable agent is regard for another’s good or well-being, but talk about regard for others’ good or well- being is simply talk about benevolence or charity in different terms. Yet Hume clearly holds that the regard for another’s good is a motive to produce benevolent acts that is distinct from a sense of their benevolence. So what is the difference? ‘Well’, one might say, ‘intuitively, rights are very different from wellbeing.’ Yes indeed. And that, I (...)
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  • Hypothetical Markets: Educational Application of Ronald Dworkin’s Sovereign Virtue.Stephen Gough - 2006 - Journal of Philosophy of Education 40 (3):287-299.
    The purpose of this paper is to consider, in principle and at the most general level, a particular possible approach to educational policy-making. This approach involves an education-specific application of the notion of hypothetical markets first developed in Ronald Dworkin’s book Sovereign Virtue: The theory and practice of equality (2000). The paper distinguishes the concept of the market from the operation of any actual market, and from the operation of ‘market forces’ in any generalised sense. It continues by arguing that (...)
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  • From Intelligence to Rationality of Minds and Machines in Contemporary Society: The Sciences of Design and the Role of Information.Wenceslao J. Gonzalez - 2017 - Minds and Machines 27 (3):397-424.
    The presence of intelligence and rationality in Artificial Intelligence and the Internet requires a new context of analysis in which Herbert Simon’s approach to the sciences of the artificial is surpassed in order to grasp the role of information in our contemporary setting. This new framework requires taking into account some relevant aspects. In the historical endeavor of building up AI and the Internet, minds and machines have interacted over the years and in many ways through the interrelation between scientific (...)
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  • A framework for the unification of the behavioral sciences.Herbert Gintis - 2007 - Behavioral and Brain Sciences 30 (1):1-16.
    The various behavioral disciplines model human behavior in distinct and incompatible ways. Yet, recent theoretical and empirical developments have created the conditions for rendering coherent the areas of overlap of the various behavioral disciplines. The analytical tools deployed in this task incorporate core principles from several behavioral disciplines. The proposed framework recognizes evolutionary theory, covering both genetic and cultural evolution, as the integrating principle of behavioral science. Moreover, if decision theory and game theory are broadened to encompass other-regarding preferences, they (...)
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  • How (far) can rationality be naturalized?Gerd Gigerenzer & Thomas Sturm - 2012 - Synthese 187 (1):243-268.
    The paper shows why and how an empirical study of fast-and-frugal heuristics can provide norms of good reasoning, and thus how (and how far) rationality can be naturalized. We explain the heuristics that humans often rely on in solving problems, for example, choosing investment strategies or apartments, placing bets in sports, or making library searches. We then show that heuristics can lead to judgments that are as accurate as or even more accurate than strategies that use more information and computation, (...)
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  • Reasonable utility functions and playing the cooperative way.Gerald F. Gaus - 2008 - Critical Review of International Social and Political Philosophy 11 (2):215-234.
    In this essay I dispute the widely held view that utility theory and decision theory are formalizations of instrumental rationality. I show that the decision theoretic framework has no deep problems accommodating the ?reasonable? qua a preference to engage in fair cooperation as such. All evaluative criteria relevant to choice can be built into a von Neumann?Morgenstern utility function. I focus on the claim that, while rational choice?driven agents are caught in the Pareto?inferior outcome, reasonable agents could ?solve? the PD (...)
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  • Is the public incompetent? Compared to whom? About what?Gerald Gaus - 2008 - Critical Review: A Journal of Politics and Society 20 (3):291-311.
    From Mill to, most recently, Bryan Caplan, political and economic elites have been seen as the solution to the public’s ignorance and incompetence. In order to show that elites are actually more competent than the public, however, we would have to find out what type of knowledge is necessary to enact good public policy. The empirical evidence shows that economic experts have a slight advantage over the general public in knowledge of how to achieve policy goals. But, contrary to Caplan, (...)
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  • Higher-order preferences and the master rationality motive.Keith E. Stanovich - 2008 - Thinking and Reasoning 14 (1):111 – 127.
    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. (...)
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  • Intrinsic vs. extrinsic value.Michael J. Zimmerman - 2019 - Stanford Encyclopedia of Philosophy.
    Intrinsic value has traditionally been thought to lie at the heart of ethics. Philosophers use a number of terms to refer to such value. The intrinsic value of something is said to be the value that that thing has “in itself,” or “for its own sake,” or “as such,” or “in its own right.” Extrinsic value is value that is not intrinsic.
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  • Epistemology.Matthias Steup - 2008 - Stanford Encyclopedia of Philosophy.
    Defined narrowly, epistemology is the study of knowledge and justified belief. As the study of knowledge, epistemology is concerned with the following questions: What are the necessary and sufficient conditions of knowledge? What are its sources? What is its structure, and what are its limits? As the study of justified belief, epistemology aims to answer questions such as: How we are to understand the concept of justification? What makes justified beliefs justified? Is justification internal or external to one's own mind? (...)
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  • When is it selectively advantageous to have true beliefs? Sandwiching the better safe than sorry argument.Christopher L. Stephens - 2001 - Philosophical Studies 105 (2):161-189.
    Several philosophers have argued that natural selection will favor reliable belief formation; others have been more skeptical. These traditional approaches to the evolution of rationality have been either too sketchy or else have assumed that phenotypic plasticity can be equated with having a mind. Here I develop a new model to explore the functional utility of belief and desire formation mechanisms, and defend the claim that natural selection favors reliable inference methods in a broad, but not universal, range of circumstances.
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  • First- and Second-Level Bias in Automated Decision-making.Ulrik Franke - 2022 - Philosophy and Technology 35 (2):1-20.
    Recent advances in artificial intelligence offer many beneficial prospects. However, concerns have been raised about the opacity of decisions made by these systems, some of which have turned out to be biased in various ways. This article makes a contribution to a growing body of literature on how to make systems for automated decision-making more transparent, explainable, and fair by drawing attention to and further elaborating a distinction first made by Nozick between first-level bias in the application of standards and (...)
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  • Evidence, pragmatics, and justification.Jeremy Fantl & Matthew McGrath - 2002 - Philosophical Review 111 (1):67-94.
    Evidentialism is the thesis that epistemic justification for belief supervenes on evidential support. However, we claim there are cases in which, even though two subjects have the same evidential support for a proposition, only one of them is justified. What make the difference are pragmatic factors, factors having to do with our cares and concerns. Our argument against evidentialism is not based on intuitions about particular cases. Rather, we aim to provide a theoretical basis for rejecting evidentialism by defending a (...)
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  • Weighing and Balancing in the Justification of Judicial Decisions.Eveline Feteris - 2008 - Informal Logic 28 (1):20-30.
    In legal theory, it is widely claimed that decisions in hard cases are based on weighing and balancing. However no reconstructions are given of the deep structure of the complex argumentation underlying the justification of these decisions. The author develops a model for the analysis of weighing and balancing of arguments in the justification of judicial decisions that are based on teleological-evaluative considerations. The justification is reconstructed as a complex argumentation that consists of different levels of argumentation and it is (...)
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