A standard way of representing causation is with neuron diagrams. This has become popular since the influential work of David Lewis. But it should not be assumed that such representations are metaphysically neutral and amenable to any theory of causation. On the contrary, this way of representing causation already makes several Humean assumptions about what causation is, and which suit Lewis’s programme of Humean Supervenience. An alternative of a vector diagram is better suited for a powers ontology. Causation (...) should be understood as connecting property types and tokens where there are dispositions towards some properties rather than others. Such a model illustrates how an effect is typically polygenous: caused by many powers acting with each other, and sometimes against each other. It models causation as a tendency towards an effect which can be counteracted. The model can represent cases of causal complexity, interference, over-determination and causation of absence (equilibrium). (shrink)

The purpose of this article is to explore the close link between technology and death in the philosophical writings of Lewis Mumford. Mumford famously argued that throughout the history of western civilization we find intertwined two competing forms of technics; the democratic biotechnic form and the authoritarian monotechnic form. The former technics were said to be strongly compatible with an organic form of life while the latter were said to be allied to a mechanical power complex. What (...) is perhaps less well known is the extent to which Mumford characterizes the authoritarian technical form as being a technics of death. This article will argue that the connection between death and technics is a key theme in Mumford’s philosophy of technology. In addition to elaborating this theme and detailing how it informs Mumford’s other positions on the nature of technology, this article will also argue that Mumford’s theory of a technics of death bears witness, both implicitly and explicitly, to the influence of Sigmund Freud’s theory of the death instinct. Freud’s account of the death instinct will be outlined briefly and its influence on Mumford’s writings will be explained. Death, in Mumford’s technological writings, has a generally negative function and serves to warn humanity of the perilous course that its technological civilization is set upon. However it also has a positive function in that it encourages man to transcend its biological existence in acts of creativity and purpose. Death, in this positive sense, serves the purpose of life whereas, in the negative sense, it hinders it. The role of death, in both aspects, will be explored and related to Mumford’s overall perspective on technics and life. It is argued that Mumford’s philosophy of technology cannot be fully understood without an awareness of his views on death and its role in the life of technological society. (shrink)

The purpose of this article is to establish that Lewis Mumford’s historical and philosophical writings were heavily influenced by the psychoanalytic theories of Sigmund Freud. It is argued that Freudian ideas and concepts played a foundational role in the construction of Mumford’s views on the nature and function of mind, culture and history, which in turn founded his views on the relationship between technology and society. Indeed, it is argued that a full understanding of Mumford’s technological (...) writings cannot be achieved until one has grasped their psychoanalytic influence. To this end, this article will reconstruct the psychological views of Lewis Mumford and indicate how they draw upon and modify Freudian theory. It will then be shown how Mumford’s theory of the psyche interacts with Mumford’s own concept of the idolum. This interaction, I will argue, considerably underpins Mumford’s holistic views on the relationship between society and the individual and between the internal and external world and will require us to reconsider our understanding of Mumford’s philosophy of technology, particularly with regard to his descriptions of monotechnics and biotechnics, the authoritarian and democratic technological forms. It will be argued that for Mumford the division intechnics corresponds to a division in the human psyche, and indeed arises from it. Not only will an appreciation of Mumford’s Freudian influence alter our understanding of Mumford’s technological writings in general, but also in particular it can enable us better to comprehend the reasoning behind Mumford’s recommended method of resistance to the modern power complex of the megamachine. Such a revised understanding of Mumford’s philosophy also undercuts any attempts to characterize his position as being a technological determinist one. Rather, his philosophy of technology is better understood as a form of technological voluntarism. (shrink)

The revolutionary outbreak in a variety of civilizations centered around 600 B.C.E., a period in which the great world religions as well as philosophy emerged, from Hebrew scriptures and the teachings of Buddha to the works of Greek and Chinese philosophers, has been named the Axial Age by Karl Jaspers. Yet 75 years earlier, in 1873, unknown to Jaspers and still unknown to the world, John Stuart Stuart-Glennie elaborated a fully developed and more nuanced theory of what he termed The (...) Moral Revolution to characterize the period. This book also brings to light the previously undiscussed ideas of D. H. Lawrence on the phenomenon from 20 years before Jaspers, the seldom mentioned contributions of Lewis Mumford, and proposes a new context for understanding the phenomenon. Halton rewrites the history of this fascinating theory and opens new ways of conceiving the meaning of The Moral Revolution for today. (shrink)

In this radical critique of contemporary social theory, Eugene Halton argues that both modernism and postmodernism are damaged philosophies whose acceptance of the myths of the mind/body dichotomy make them incapable of solving our social dilemmas. Claiming that human beings should be understood as far more than simply a form of knowledge, social construction, or contingent difference, Halton argues that contemporary thought has lost touch with the spontaneous passions—or enchantment—of life. Exploring neglected works in twentieth century social thought and philosophy—particularly (...) the writings of Lewis Mumford and Charles Peirce—as well as the work of contemporary writers such as Vaclav Havel, Maya Angelou, Milan Kundera, Doris Lessing, and Victor Turner, Halton argues that reason is dependent upon nonrational forces—including sentiment, instinct, conjecture, imagination, and experience. We must, he argues, frame our questions in a way which encompasses both enchantment and critical reason, and he offers an outline here for doing so. A passionate plea for a fundamental reexamination of the entrenched assumptions of the modern era, this book deals with issues of vital concern to modern societies and should be read by scholars across disciplines. Robert Bellah: "This is an original, incisive, and badly needed book. In prose as vigorous as his argument, Halton addresses issues urgent in many disciplines, as well as in our common culture." "Halton takes the 'ghost in the machine' as a dominant defining metaphor for modern thought and life, and criticizes it with gusto, wit, wide reading, and philosophical acumen."—Robert J. Mulvaney, _Review of Metaphysics_. (shrink)

Thus far most of the scholarship on the axial age has followed Karl Jaspers’ denial that nature could be a significant source and continuing influence in the historical development of human consciousness. Yet more than a half century before Jaspers, the originator of the first nuanced theory of what Jaspers termed the axial age, John Stuart-Glennie, mapped out a contrasting philosophy of history that allowed a central role to nature in historical human development. This essay concerns issues related to my (...) book, From the Axial Age to the Moral Revolution, and begins with a discussion of how I came to uncover the forgotten work of John Stuart-Glennie. Although Jaspers and Stuart-Glennie each drew similar conclusions regarding many of the facts of the moral revolution respectively the Axial Age, there are significant differences in their philosophies of history, concerning, for example the problem, whether history can be regarded deterministically or as an open whole, and whether nature can be a source of profound spiritual significance and even transcendence or whether that realm is limited to historical consciousness. I also briefly discuss two other overlooked contributors, namely D. H. Lawrence, who wrote on the phenomena twenty years before Jaspers, and Lewis Mumford, who is one of the first writers to draw from Jaspers' work. I then respond to four diverse scholarly essays on my book, delineating in the process my own philosophy of history as a progress in precision, paradoxically counteracted by a regressive contraction of mind. (shrink)

The author criticizes ways in which academic disciplines can be viewed as skewed toward bureaucratized intellect and its requirements and rewards, rather than toward scholarly intellectual life and research. Drawing from the Chicago traditions of sociology and philosophical pragmatism, as well as his own experience of them, Halton goes on to appraise ways in which these traditions have tended to become contracted to limited textbook canons. Donald Levine’s Visions of the Sociological Tradition provides a case in which the broad influences (...) of European intellectual traditions, for example, Nietzsche, are included in his sociological history of European sociological traditions, whereas similar influences, such as Ralph Waldo Emerson, Thorstein Veblen, Jane Addams, Lewis Mumford, or even C. Wright Mills, are excluded from his account of the American and Chicago traditions. Admitting that academic disciplines represent skewed forms of bureaucratized intellect rather than progressive traditions allows one to admit those who are not members of the club into the dialogue of social thought and the social sciences. (shrink)

El artículo trata de la reflexión que Bolívar Echeverría hizo acerca de la técnica moderna, analizando los diferentes tipos de técnica: la mágica, la lúdica y la capitalista. El tema es abordado en relación con el planteamiento general de Bolívar Echeverría sobre la modernidad y su relación con el capitalismo, para explicar el desarrollo de la historia de la técnica y cómo es que ésta fue alterada sustancialmente por el capitalismo. En el artículo, el planteamiento de Echeverría establece diálogo principalmente (...) con Lewis Mumford, Walter Benjamin y Karl Marx. La tesis principal del trabajo sostiene que la técnica lúdica era la única que podía cumplir los objetivos emancipadores de la modernidad, pero que estos fueron truncados por el uso capitalista de la tecnología. (shrink)

“Witty, acerbic, and brilliant. Halton takes on truly basic philosophical issues, but unlike the great majority of cultural critics today, he is philosophically prepared and highly competent to do so. Halton’s extraordinary work is nearly unique among current writers in its relevance, incisiveness, and philosophical power.” (Bruce Wilshire, Rutgers University) “The Great Brain Suck is a wholly original book that draws on Eugene Halton’s careful empirical and conceptual work to offer critical insights into American life and scholarship. As he details (...) the ways that the American citizen has given way to the American consumer—the ways we have been fooled by the commodity magicians of commerce—Halton provides new, sound, and fascinating perspectives on both contemporary and historic American themes.” (Russell Belk, York University). (shrink)

In 1873, 75 years before Karl Jaspers published his theory of the Axial Age in 1949, unknown to Jaspers and to contemporary scholars today, Scottish folklorist John Stuart Stuart-Glennie elaborated the first fully developed and nuanced theory of what he termed “the Moral Revolution” to characterize the historical shift emerging roughly around 600 BCE in a variety of civilizations, most notably ancient China, India, Judaism, and Greece, as part of a broader critical philosophy of history. He continued to write on (...) the idea over decades in books and articles and also presented his ideas to the fledgling Sociological Society of London in 1905, which were published the following year in the volume Sociological Papers, Volume 2. This article discusses Stuart-Glennie’s ideas on the moral revolution in the context of his philosophy of history, including what he termed “panzooinism”; ideas with implications for contemporary debates in theory, comparative history, and sociology of religion. It shows why he should be acknowledged as the originator of the theory now known as the axial age, and also now be included as a significant sociologist in the movement toward the establishment of sociology. (shrink)

Identifying the necessary and sufficient conditions for individuating and classifying diseases is a matter of great importance in the fields of law, ethics, epidemiology, and of course, medicine. In this paper, I first propose a means of achieving this goal, ensuring that no two distinct disease-types could correctly be ascribed to the same disease-token. I then posit a metaphysical ontology of diseases—that is, I give an account of what a disease is. This is essential to providing the most effective means (...) of interfering with disease processes. Following existing work in the philosophy of medicine and epidemiology (primarily Christopher Boorse; Caroline Whitbeck; Alexander Broadbent), philosophy of biology (Joseph LaPorte; D.L. Hull), conditional analyses of causation (J.L. Mackie; David Lewis), and recent literature on dispositional essentialism (Stephen Mumford and Rani Anjum; Alexander Bird), I endorse a dispositional conception of disease. Following discussion of various conceptions of disease-identity, their relations to the clinical and pathological effects of the diseases in question, and how diseases are treated, I conclude (i) that diseases should be individuated by their causes, and (ii) that diseases are causal processes best seen as simultaneously acting sequences of mutually manifesting dispositions. (shrink)

State of art paper on the topic laws of nature, around the problem of identification what is to be a law of nature. The most prominent theories of contemporary philosophical literature are discussed and analysed, such as: the simple regularity theory, from Hume; the Mill-Ramsey-Lewis best systems theory; the Dretske-Tooley-Armstrong theory of laws as relations among universals; Ellis’s essentialist theory; Cartwright’s theory of laws as ceteris paribus laws; the anti-reductionist theories of Lange, Maudlin and Carroll, the anti-realist theories of (...) Mumford, van Fraassen and Giere; etc. (shrink)

Hume thought that if you believed in powers, you believed in necessary connections in nature. He was then able to argue that there were none such because anything could follow anything else. But Hume wrong-footed his opponents. A power does not necessitate its manifestations: rather, it disposes towards them in a way that is less than necessary but more than purely contingent. -/- In this paper a dispositional theory of causation is offered. Causes dispose towards their effects and often produce (...) them. But a set of causes, even though they may succeed in producing an effect, cannot necessitate it since the effect could have been counteracted by some additional power. This would require a separation of our concepts of causal production and causal necessitation. The most conspicuous cases of causation are those where powers accumulate and pass a requisite threshold for an effect to occur. -/- We develop a model for representing powers as constituent vectors within an n-dimensional quality space, where composition of causes appears as vector addition. Even our resultant vector, however, has to be understood as having dispositional force only. This model throws new light on causal modality and cases of prevention, causation by absence and probabilistic causation. (shrink)

First part of the translation into Spanish of David Lewis' "New Work for a Theory of Universals", corresponding to the introduction and the first two sections of the original paper. || Primera parte de la traducción al español del trabajo de David Lewis "New Work for a Theory of Universals", correspondiente a la introducción y las dos primeras secciones del artículo original. Artículo original publicado en: Australasian Journal of Philosophy, Vol. 61, No. 4, Dec. 1983, pp. 343-377.

Second part of the translation into Spanish of David Lewis' "New Work for a Theory of Universals", corresponding to the last sections of the original paper. || Segunda parte de la traducción al español del trabajo de David Lewis "New Work for a Theory of Universals", correspondiente a últimas secciones del artículo original. Artículo original publicado en: Australasian Journal of Philosophy, Vol. 61, No. 4, Dec. 1983, pp. 343-377.

There has been much discussion of powers or real dispositions in the past decade, but there remains an issue that has been inadequately treated. This concerns the precise modal value that comes with dispositionality. We contend in this paper that dispositionality involves a non-alethic, sui generis, irreducible modality. Dispositions only tend towards their manifestations; they do not necessitate them. Tendency is, of course, a dispositional term itself, so this last statement offers little by way of illumination. But given our thesis (...) on the irreducible nature of dispositionality, we maintain that it cannot be explicated correctly in non-dispositional terms. Nevertheless, we all have experience of dispositionality at work, through the exercise or our own powers and the action of other powers upon us. The notion of dispositionality that we acquire is one that involves a modality stronger than pure contingency but weaker than necessity. The recognition of this distinct modal value for dispositionality is one of the biggest oversights in the growing literature in the area. Yet it is there for all to see in even the most mundane example. (shrink)

Does A cause B simply if A prevents what would have prevented B? Such a case is known as double prevention: where we have the prevention of a prevention. One theory of causation is that A causes B when B counterfactually depends on A and, as there is such a dependence, proponents of the view must rule that double prevention is causation.<br><br>However, if double prevention is causation, it means that causation can be an extrinsic matter, that the cause and effect (...) need not be connected by a continuous chain of events, that there can be causation by absence, and that there can be causation at a distance. All of these implications jar with strong intuitions we have about the nature of causation. There is, on the other hand, a theory of causation based on an ontology of real dispositions, where causation involves the passing around of powers. This theory in contrast entails that double prevention is not causation and, on this issue, it can claim a victory over the counterfactual dependence account. (shrink)

Being able to ask others to do things, and thereby giving them reasons to do those things, is a prominent feature of our interpersonal lives. In this paper, I discuss the distinctive normative status of requests – what makes them different from commands and demands. I argue for a theory of this normative phenomenon which explains the sense in which the reasons presented in requests are a matter of discretion. This discretionary quality, I argue, is something that other theories cannot (...) accommodate, though it is a significant aspect of the relations that people stand in to one another, and the kinds of practical reasons that flow from those relations. (shrink)

I insist that I was able to raise my hand, and I acknowledge that a law would have been broken had I done so, but I deny that I am therefore able to break a law. To uphold my instance of soft determinism, I need not claim any incredible powers. To uphold the compatibilism that I actually believe, I need not claim that such powers are even possible. My incompatibilist opponent is a creature of fiction, but he has his prototypes (...) in real life. He is modeled partly after Peter van Inwagen and partly on myself when I first worried about van Inwagen's argument against compatibilism. (shrink)

According to the High Court in England and Wales, the primary purpose of legal interventions into the lives of vulnerable adults with mental capacity should be to allow the individuals concerned to regain their autonomy of decision making. However, recent cases of clinical decision making involving capacitous vulnerable adults have shown that, when it comes to medical law, medical ethics and clinical practice, vulnerability is typically conceived as opposed to autonomy. The first aim of this paper is to detail the (...) problems that arise when the courts and health care practitioners respond to the vulnerability of capacitous adults on the basis of such an opposition. It will be shown that not only does the common law approach to vulnerability fail to adequately capture the autonomy of capacitous vulnerable adults, the conception of vulnerability and autonomy in oppositional terms leads to objectionably paternalistic health care responses that undermine the autonomy of vulnerable patients as well as clinical and legal interventions that violate their autonomy. In response, the second aim of this paper is to show that the concepts of autonomy and vulnerability are necessarily entwined and, on that basis, the focus should be on promoting the autonomy of capacitous vulnerable adults where possible. In order to make this case, the paper explains the limitations of standard approaches to the autonomy of vulnerable adults and, in their place, offers a conception of legitimate, self-authorised autonomy that is fundamentally dependent on intersubjective practices of recognition. (shrink)

Group agents like businesses, political parties, universities, and charity organisations dominate our social and political landscapes. Their activities dictate our legal structures, the availability of education and healthcare, and our collective leap into climate crisis. Hence, it is crucial that we understand both the norms of these group agents and how these norms arise. will argue for applying the organisational account of normativity to group agents as the best means to achieve this understanding. Roughly, the organisational account says that the (...) norms of an agent are determined by that agent’s structure insofar as that structure dictates both what the agent is capable of and what is necessary for its persistence in its present environment. I argue that expanding the organisational account to group agents best positions us to understand both what a group’s norms are and how they arise. I suggest that the organisational account provides us with a powerful tool for addressing unjust collective behaviours in the social and political spheres. (shrink)

Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that (...) apply to individual inquirers. My aim in this paper is to rehabilitate purely statistical evidence by arguing that, given the broader aims of legal systems, there are scenarios in which relying on such evidence is appropriate. Along the way I explain why popular arguments appealing to individual epistemic norms to reject legal reliance on bare statistics are unconvincing, by showing that courts and individuals face different epistemic predicaments (in short, individuals can hedge when confronted with statistical evidence, whilst legal tribunals cannot). I also correct some misconceptions about legal practice that have found their way into the recent literature. (shrink)

It is common for people to be sensitive to aesthetic qualities in one another’s speech. We allow the loveliness or unloveliness of a person’s voice to make impressions on us. What is more, it is also common to allow those aesthetic impressions to affect how we are inclined to feel about the speaker. We form attitudes of liking, trusting, disliking or distrusting partly in virtue of the aesthetic qualities of a person’s speech. In this paper I ask whether such attitudes (...) could ever be legitimate. This is a microcosm of the broader issue of whether people’s aesthetic qualities in general can justify the interpersonal valuing-attitudes that they so often cause. I draw from recent discussions of body aesthetics to articulate a pair of challenges. One challenge says that aesthetic judgements of speech are reliant on unjustifiable prejudices. The other holds that a person’s aesthetic qualities are irrelevant to whether they should be liked. Against these challenges I argue that some speech can bear aesthetic qualities which are not reliant on prejudice and which are relevant to whether the speaker should be liked. I develop this argument through an analysis of the concept of lyricism. (shrink)

The editor's introduction discusses Clarence I. Lewis's conceptual pragmatism when compared with post-empiricist epistemology and argues that several Cartesian assumptions play a major role in the work, not unlike those of Logical Positivism. The suggestion is made that the Cartesian legacy still hidden in Logical Positivism turns out to be a rather heavy ballast for Lewis’s project of restructuring epistemology in a pragmatist key. More in detail, the sore point is the nature of inter-subjectivity. For Lewis, no (...) less than for the Logical Positivists at the time of the Protocols Controversy and Husserl in the Cartesian Meditations, this is a problem without a solution. The reason is that all these philosophers are apparently unable to realize that the existence of a plurality of knowing subjects cannot be treated at once both as a speculative problem and a methodological one. Lewis, thanks to his pragmatist approach both comes closer to the right answer and offers an even more naïve unsatisfactory solution to the pseudo-problem under discussion. The fact that he has clear in mind that inter-subjectivity means not only a plurality of linguistic utterances but also a co-existence of different kinds of practical behaviour. Eventually, the very idea of mind, the key-idea in the book, suffers from the above mentioned tension. In fact, if inter-subjective communication and action is considered at a methodological level, the very idea of mind would not need an analysis, and no kind of ‘reflexive’ analysis. Methodology might be limited to a ‘naïve’ level where the existence of the world and a plurality of subjects be taken as a bedrock of uncritically accepted evidence. Philosophical reflection on ultimate evidence, instead, would take a different approach, maybe the one Wittgenstein was putting into practice in the same years when Mind and the world order was written, namely it would be bound to question the very meaning of the idea of ‘mind’ as an undue fiction – the same carried out by Descartes – when he assumed the Cogito to be at once a body of self-evident truths and a thing or substance, the familiar Platonic idea of psyche or soul. (shrink)

Theory of "conceptual pragmatism" takes into account both modern philosophical thought and modern mathematics. Stimulating discussions of metaphysics, a priori, philosophic method, much more.

Philosophical discussions of the moralization of anger have not, to date, substantively engaged classical Chinese thought. This is unfortunate, given the abundance of appeals to moral anger in the classical literature, especially among the Confucians, and the suppression, expression, and functionalization of anger. Accordingly, this essay engages in two general projects: one interpretive, one applied. The interpretive project examines the manner in which classical Confucian thought regards anger as having both destructive and constructive aspects, how these aspects are unavoidable human (...) experiences, and how they can (and should) be regulated or recruited by ritualized social forms. Specifically, while the early Confucians at times depict anger as a precarious feeling to be assuaged, there are circumstances in which anger is not only understandable, but morally warranted. In this tradition, adherence to ritual prescriptions is a primary means by which problematic anger is alleviated while moral anger is effectively expressed, achieving prosocial ends without producing undue harm. This understanding and analysis of anger from a Confucian perspective gives rise to an applied project that considers how even contemporary, non-Confucians can ritualize and deploy anger for positive moral and political ends. In particular, I examine how forms of reconciliation, etiquette, and protest can be construed as rituals through which moral anger is effectively channeled. (shrink)

Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.

If there is one thing that everyone knows about Louis Althusser, it is that he killed his wife - the sociologist and résistante Hélène Rytmann-Légotien. In this article, William S. Lewis asks how should this fact effect the reception of Althusser's work, and how should those who find Althusser's reconceptualisation of Marx and Marxism usefully respond?

ABSTRACT A thriving project in contemporary epistemology concerns identifying and explicating the epistemic virtues. Although there is little sustained argument for this claim, a number of prominent sources suggest that curiosity is an epistemic virtue. In this paper, I provide an account of the virtue of curiosity. After arguing that virtuous curiosity must be appropriately discerning, timely and exacting, I then situate my account in relation to two broader questions for virtue responsibilists: What sort of motivations are required for epistemic (...) virtue? And do epistemic virtues need to be reliable? I will sketch an account on which curiosity is only virtuous when rooted in a non-instrumental appreciation of epistemic goods, before arguing that curiosity can exhibit intellectual virtue irrespective of whether one is reliable in satisfying it. (shrink)

Recent work takes both philosophical and scientific progress to consist in acquiring factive epistemic states such as knowledge. However, much of this work leaves unclear what entity is the subject of these epistemic states. Furthermore, by focusing only on states like knowledge, we overlook progress in intermediate cases between ignorance and knowledge—for example, many now celebrated theories were initially so controversial that they were not known. -/- This paper develops an improved framework for thinking about intellectual progress. Firstly, I argue (...) that we should think of progress relative to the epistemic position of an intellectual community rather than individual inquirers. Secondly, I show how focusing on the extended process of inquiry (rather than the mere presence or absence of states like knowledge) provides a better evaluation of different types of progress. This includes progress through formulating worthwhile questions, acquiring new evidence, and increasing credence on the right answers to these questions. I close by considering the ramifications for philosophical progress, suggesting that my account supports rejecting the most negative views while allowing us to articulate different varieties of optimism and pessimism. (shrink)

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

I argue that traditional views on which beliefs are subject only to purely epistemic assessment can reject demographic profiling, even when based on seemingly robust evidence. This is because the moral failures involved in demographic profiling can be located in the decision not to suspend judgment, rather than supposing that beliefs themselves are a locus of moral evaluation. A key moral reason to suspend judgment when faced with adverse demographic evidence is to promote social equality—this explains why positive profiling is (...) dubious, along with more familiar cases of negative profiling, and why profiling is suspect even when no particular action is at stake. My suspension-based view, while compatible with revisionary normative positions, does not presuppose them. Philosophers of all stripes can reject demographic profiling both in thought and deed. (shrink)

If I were asked to put forward an ethical principle which I considered to be especially certain, it would be that no one can be responsible, in the properly ethical sense, for the conduct of another. Responsibility belongs essentially to the individual. The implications of this principle are much more far-reaching than is evident at first, and reflection upon them may lead many to withdraw the assent which they might otherwise be very ready to accord to this view of responsibility. (...) But if the difficulties do appear to be insurmountable, and that, very certainly, does not seem to me to be the case, then the proper procedure will be, not to revert to the barbarous notion of collective or group responsibility, but to give up altogether the view that we are accountable in any distinctively moral sense. (shrink)

This paper explores Kant’s account of propositional content and its implications for the relationship between his notions of knowledge (Wissen) and cognition (Erkenntnis). While previous commentators commonly read Kant as holding a Fregean theory of propositional content, in this paper I argue that Kant’s theory of propositional content aligns more closely with Peter Hanks’ recent account. According to my reading, Kant holds that individual acts of judging are both ontologically and explanatorily prior to propositions or Kantian judgments (Urteil). Furthermore, on (...) my reading, acts of judging for Kant are acts of assertively predicating a property of an object rather than merely acts of neutral predication. This reading challenges the lately popular view that Kant’s notions of knowledge and cognition are not only distinct but also disjunct. I instead suggest that we should regard Kantian knowledge that requires cognitions as its grounds as a species of Kantian cognitions. (shrink)

Despite playing an important role in epistemology, philosophy of science, and more recently in moral philosophy and aesthetics, the nature of understanding is still much contested. One attractive framework attempts to reduce understanding to other familiar epistemic states. This paper explores and develops a methodology for testing such reductionist theories before offering a counterexample to a recently defended variant on which understanding reduces to what an agent knows.

Efforts to bridge emotion theory with neurobiology can be facilitated by dynamic systems (DS) modeling. DS principles stipulate higher-order wholes emerging from lower-order constituents through bidirectional causal processes cognition relations. I then present a psychological model based on this reconceptualization, identifying trigger, self-amplification, and self-stabilization phases of emotion-appraisal states, leading to consolidating traits. The article goes on to describe neural structures and functions involved in appraisal and emotion, as well as DS mechanisms of integration by which they interact. These mechanisms (...) include nested feedback interactions, global effects of neuromodulation, vertical integration, action-monitoring, and synaptic plasticity, and they are modeled in terms of both functional integration and temporal synchronization. I end by elaborating the psychological model of emotion–appraisal states with reference to neural processes. (shrink)

This paper defends the heretical view that, at least in some cases, we ought to assign legal liability based on purely statistical evidence. The argument draws on prominent civil law litigation concerning pharmaceutical negligence and asbestos-poisoning. The overall aim is to illustrate moral pitfalls that result from supposing that it is never appropriate to rely on bare statistics when settling a legal dispute.

The goal of this paper is show how an initially appealing objection to David Hume's account of judgment can only be put forward by philosophers who accept an account of judgment that has its own sizable share of problems. To demonstrate this, I situate the views of John Locke, David Hume, and Thomas Reid with respect to each other, so as to illustrate how the appealing objection is linked to unappealing features of Locke's account of judgment.

Criminal juries make decisions of great importance. A key criticism of juries is that they are unreliable in a multitude of ways, from exhibiting racial or gendered biases, to misunderstanding their role, to engaging in impropriety such as internet research. Recently, some have even claimed that the use of juries creates injustice on a large-scale, as a cause of low conviction rates for sexual criminality. Unfortunately, empirical research into jury deliberation is undermined by the fact that researchers are unable to (...) study live juries. The indirect sources of evidence used by researchers suffer from various problems, the most important of which is dubious levels of ecological validity. Real jury research—studying live jury deliberation—is controversial. However, as I argue, the objections to it are unconvincing. There is in fact a moral imperative to facilitate real jury research. (shrink)

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are multiple sources of (...) incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

Legal epistemology has been an area of great philosophical growth since the turn of the century. But recently, a number of philosophers have argued the entire project is misguided, claiming that it relies on an illicit transposition of the norms of individual epistemology to the legal arena. This paper uses these objections as a foil to consider the foundations of legal epistemology, particularly as it applies to the criminal law. The aim is to clarify the fundamental commitments of legal epistemology (...) and suggest a way to vindicate it. (shrink)

Causal reasoning and game-theoretic reasoning are fundamental topics in artificial intelligence, among many other disciplines: this paper is concerned with their intersection. Despite their importance, a formal framework that supports both these forms of reasoning has, until now, been lacking. We offer a solution in the form of (structural) causal games, which can be seen as extending Pearl's causal hierarchy to the game-theoretic domain, or as extending Koller and Milch's multi-agent influence diagrams to the causal domain. We then consider three (...) key questions: i) How can the (causal) dependencies in games - either between variables, or between strategies - be modelled in a uniform, principled manner? ii) How may causal queries be computed in causal games, and what assumptions does this require? iii) How do causal games compare to existing formalisms? To address question i), we introduce mechanised games, which encode dependencies between agents' decision rules and the distributions governing the game. In response to question ii), we present definitions of predictions, interventions, and counterfactuals, and discuss the assumptions required for each. Regarding question iii), we describe correspondences between causal games and other formalisms, and explain how causal games can be used to answer queries that other causal or game-theoretic models do not support. Finally, we highlight possible applications of causal games, aided by an extensive open-source Python library. (shrink)

At the heart of Levinas’s work is the apparently simple idea that through the encounter with another person, we are forced to give up our self-concern and take heed of the ethical relation between us. But, while simple on the surface, when one tries to characterize it in more detail, it can be hard to fit together the various ways in which Levinas talks about this relation and to identify precisely what he took its normative structure to be, as this (...) is described in a number of apparently different ways, that are not obviously compatible or equivalent, such as “command,” “call,” “summons,” “demand,” and so on. In this chapter, we intend to focus on these different characterizations and show what makes them different while also endeavoring to find a way in which Levinas’s conception may nonetheless be fitted together into a coherent account of the face-to-face encounter that is at the heart of his ethics. We will begin by considering the different normative terms used to characterize the encounter in that text and show how they are conceptually distinct from one another; we will then offer a way to read Levinas’s position to nonetheless show how these different normative relations can be fitted together into a stable position. (shrink)

The ethical philosophy of Emmanuel Levinas is typically associated with a punishing conception of responsibility rather than freedom. In this chapter, our aim is to explore Levinas’s often overlooked theory of freedom. Specifically, we compare Levinas’s account of freedom to the Kantian (and Fichtean) idea of freedom as autonomy and the Hegelian idea of freedom as relational. Based on these comparisons, we suggest that Levinas offers a distinctive conception of freedom—“finite freedom.” In contrast to Kantian autonomy, finite freedom constitutively involves (...) standing in certain social relations with others. And in contrast to Hegelian relational freedom, the social relations involved in finite freedom are not defined by mutual recognition, but by feelings of separation and even antagonism. Along the way, we promote a reading Levinas’s Totality and Infinity as a Hegel-style story of Bildung (development), and show how, on Levinas’s view, freedom can develop or mature in the life of the individual. (shrink)

What is it to be mentally healthy? In the ongoing movement to promote mental health, to reduce stigma, and to establish parity between mental and physical health, there is a clear enthusiasm about this concept and a recognition of its value in human life. However, it is often unclear what mental health means in all these efforts and whether there is a single concept underlying them. Sometimes, the initiatives for the sake of mental health are aimed just at reducing mental (...) illness, thus implicitly identifying mental health with the absence of diagnosable psychiatric disease. More ambitiously, there are high-profile proposals to adopt a positive definition, identifying mental health with psychic or even overall well-being. We argue against both: a definition of mental health as mere absence of mental illness is too thin, too undemanding, and too closely linked to psychiatric value judgments, while the definition in terms of well-being is too demanding and potentially oppressive. As a compromise, we sketch out a middle position. On this view, mental health is a primary good, that is, the psychological preconditions of pursuing any conception of the good life, including well-being, without being identical to well-being. (shrink)

Legal concepts can sometimes be unclear, leading to disagreements concerning their contents and inconsistencies in their application. At other times, the legal application of a concept can be entirely clear, sharp, and free of confusions, yet conflict with the ways in which ordinary people or other relevant stakeholders think about the concept. The aim of this chapter is to investigate the role of experimental jurisprudence in articulating and, ultimately, dealing with competing conceptual inferences either within a specific domain (e.g., legal (...) practice) or between, for example, ordinary people and legal practitioners. Although this chapter affirms the widespread assumption that experimental jurisprudence cannot, in and of itself, tell us which concepts should be applied at law, it highlights some of the contributions that experimental jurisprudence can, in principle, make to normative projects that seek to prescribe, reform, or otherwise engineer legal concepts. Thus, there is more that experimental jurisprudence can normatively offer than has usually been claimed. (shrink)