This paper considers three possible ways of understanding the claim that the American criminal justice system is racist: individualist, “patterns”-based, and ideology-based theories of institutional racism. It rejects an individualist explanation of institutional racism because such an explanation fails to explain the widespread prevalence of anti-black racism in this system or indeed in the United States. It considers a “patterns” account of institutional racism, where consistent patterns of disparate racial effect mimic the structure of intentional projects of racial subjugation like (...) slavery or Jim Crow. While a “patterns” account helpfully directs attention to the effects of policies and practices that make up an institution, it does not fully explain the deep roots of anti-blackness in the criminal justice system in the United States. The paper concludes by defending an ideology-based theory of institutional racism for understanding the criminal justice system because the stereotype of the black criminal has a mutually reinforcing relationship with the patterns of disparate outcome for black people in the criminal justice system. This relationship creates a looping effect where the stereotype of the black criminal fuels the disproportionate involvement of black people in the criminal justice system, and the disproportionate representation of black people with felony records, in prisons, brutalized in police encounters, and so on reinforces the idea that black people are especially prone to criminality. Ideological approaches to racism that integrate attention to the patterns of disparate effect best explain what it means to say that the criminal justice system is racist. (shrink)

Several philosophers have recently argued that decision-theoretic frameworks for rational choice under risk fail to provide prescriptions for choice in cases of moral uncertainty. They conclude that there are no rational norms that are “sensitive” to a decision-maker's moral uncertainty. But in this paper, I argue that one sometimes has a rational obligation to take one's moral uncertainty into account in the course of moral deliberation. I first provide positive motivation for the view that one's moral beliefs can affect what (...) it's rational for one to choose. I then address the problem of value comparison, according to which one cannot determine the expected moral value of one's actions. I argue that we should not infer from the problem of value comparison that there are no rational norms governing choice under moral uncertainty. (shrink)

In this paper, I argue that the fetishism objection to moral hedging fails. The objection rests on a reasons-responsiveness account of moral worth, according to which an action has moral worth only if the agent is responsive to moral reasons. However, by adopting a plausible theory of non-ideal moral reasons, one can endorse a reasons-responsiveness account of moral worth while maintaining that moral hedging is sometimes an appropriate response to moral uncertainty. Thus, the theory of moral worth upon which the (...) fetishism objection relies does not, in fact, support that objection. (shrink)

Morally speaking, what should one do when one is morally uncertain? Call this the Moral Uncertainty Question. In this paper, I argue that a non-ideal moral theory provides the best answer to the Moral Uncertainty Question. I begin by arguing for a strong ought-implies-can principle---morally ought implies agentially can---and use that principle to clarify the structure of a compelling non-ideal moral theory. I then describe the ways in which one's moral uncertainty affects one's moral prescriptions: moral uncertainty constrains the set (...) of moral prescriptions one is subject to, and at the same time generates new non-ideal moral reasons for action. I end by surveying the problems that plague alternative answers to the Moral Uncertainty Question, and show that my preferred answer avoids most of those problems. (shrink)

There are cases in which, intuitively, an agent’s action is both morally right in one sense, and morally wrong in another sense. Such cases (along with other intuitions about blameless wrongdoing and action-guidance) support distinguishing between the objective moral ‘ought’ and the subjective moral ‘ought.’ This chapter argues against drawing this distinction, on the grounds that the prescriptions delivered by an adequate objective moral theory must be sensitive to the mental states of agents. Specifically, an adequate theory of the objective (...) moral ‘ought’ must respect a strong ought-implies-can principle—morally ought implies agentially can—in order to prescribe actions to real-life agents. An agent’s mental states determine what is agentially possible for that agent; thus, what an agent objectively morally ought to do is in part determined by the agent’s mental states. This chapter describes the structure of a compelling non-ideal moral theory that is both objective and mental state-sensitive. This non-ideal theory illuminates the shortcomings of extant objectivist and subjectivist moral theories, and illustrates how we can dispense with the subjective moral ‘ought.’. (shrink)

Since 1900, debates about the justification of punishment have also been debates about the cause of crime. In the early twentieth century, the rehabilitative ideal of punishment viewed mental illness and dysfunction in individuals as the cause of crime. Starting in the 1970s, retributivism identified the immorality of human agents as the source of crime, which dovetailed well with the “tough-on-crime” political milieu of the 1980s and 1990s that produced mass incarceration. After surveying these historical trends, Wirts argues for a (...) social critical view that crime is best understood as a product of an unjust society, not faulty human beings. This view should take the lessons learned by the critiques of rehabilitation, however, and resist the tendency to reduce human beings to recipients of social services. (shrink)

In their article, “Immigrant legalization: A Dilemma Between Justice and The Rule of Law,” Sarah Song and Irene Bloemraad address rule of law objections to policies that would regularize the status of undocumented immigrants in the United States. On their view, justice requires that liberal democratic states (i.e., states that are committed to individual liberty and universal equality) provide pathways for undocumented immigrants to regularize their status. We do not disagree with Song and Bloemraad’s account: rule of law and regularization (...) policies are not inconsistent, and in fact regularization supports rule of law, when properly understood. Our view is that there needs to be a deeper investigation into the motivations of “rule of law” objections considered in Song and Bloemraad’s account. We argue that the real purpose of these objections is not necessarily to serve as an alternative to the justice-based claims of undocumented immigrants, but as a way to undermine them. On our account, these rule of law objections accomplish this undermining task through the mechanisms of dog whistling, discrediting and distorting, and ostracizing. (shrink)

Sean McKeever and Michael Ridge object that moral particularism ‘flattens the moral landscape’, that is, that particularism treats reasons of different kinds as if they were reasons of the same kind. This objection is misguided in two respects. First, particularists need not say that every feature can be a moral reason. Second, even if particularists were committed to saying that every feature can be a moral reason, they would still not be committed to the view that every feature can have (...) direct moral relevance. The failure of this objection shows that the objection exploits side-constraints that need not be placed on moral particularism. (shrink)

Using research grants administrators and their clients (academic researchers) as the lens, this paper investigated the relevance and implication of a fraud prevention policy at a University of Technology (UoT) in South Africa. The paper adopted a quantitative approach in which closed-ended questions were complemented by open-ended questions in the survey questionnaire in the attempt to capture the perceptions of both research grants administrators and their clients on the relevance and implications of a fraud and irregularity prevention policy. The results (...) indicate that both research grants administrators (71.4 %), and their clients (73%) do not know if UoTx has a fraud and irregularity policy. While only 36% of research grants administrators indicated that they would feel safe reporting deceitful activities, a slight majority (59%) of the clients reported same. With regards to the steps to follow to report fraudulent activity, it was noted that while all (100%) the research grants administrators noted that they were clueless, ironically an overwhelming majority of their clients indicated otherwise. Notwithstanding, both research grants administrators and their clients (93% and 95% respectively) concurred that a fraud prevention policy was necessary for UoTx. The implication is that having phenomenal controls that are not effectively publicized, monitored or worse still overridden by someone are useless. (shrink)

in academic entrepreneurship and creation of university spin-off companies has grown in South Africa. This study aims to establish the factors that inspire academics to engage in entrepreneurial activities and to identify the role that academic entrepreneurs play in the process of technology transfer and commercialization at University of Technology (UoT) X. A quantitative research approach is adopted throughout this study. As part of the quantitative research approach, structured questionnaires were directly administered to the respondents to collect the data. Specifically, (...) 52 electronic survey questionnaires were distributed. The sample is drawn from two databases compiled, using UOTX’s internal research records. One of the databases, held a list of those academics who have been active in terms of research as evident in their research outputs – technology creation and transfer. The other database (control group) holds a list of those academics that have not been active. From both groups, a purposive sample is drawn for the survey questionnaire. This study notes that pull factors tend to influence the entrepreneurial activities of academics at UOT X more than push factors and that academics are key players in the process of technology transfer. Thus, this study may assist the university senior management to develop strategies to improve academic entrepreneurship for all faculties. In line with this, it is expected that the primary function of UOT X should be to instil a greater entrepreneurial spirit among the relevant stakeholders. (shrink)

The Divine Comedy is a poem of Dante Alighieri representing, allegorically, the journey of a soul towards God, in the framework of Dante’s metaphysics of the divine light. However, besides metaphysics, we can find in the poem several passages concerning the natural phenomena. Here we discuss some them, in order to investigate Dante’s knowledge of Physics and, in particular, of Optics.

In this paper, we are proposing a study of the Vesica Piscis, a symbol of Sacred Geometry, starting from mathematics. This study aims to give a deeper comprehension of the hidden meanings of this icon. The paper is also showing that scientific and philosophical studies can be integrated, leading to very interesting results.

Here we propose a discussion about the "mandorla" or "vesica piscis". It is a type of 2-dimensional lens, that is, a geometric shape formed by the intersection of two circles with the same radius, intersecting in such a way that the centre of each circle lies on the perimeter of the other. The aim of the discussion is that of understanding when such a geometric shape became a symbol and when this symbol received a specific name. We will find that (...) the name "mandorla" was used long before the term "vesica piscis", which is the Latin translation of the German "fischblosen" used by Albrecht Dürer in his book on geometry. Therefore, the name invented by Dürer was not used by the painter for a sacred form. However, after the middle of the nineteenth century the term "vesica piscis" exploded in literature. Its use was criticized and, at the same time, it was stressed that the proper term for the symbol is "mandorla". Nonetheless, the "vesica piscis" continues to be largely used in the sacred geometry, which ascribes symbolic and sacred meanings to certain geometric shapes and proportions. In the proposed discussion, we will also show that, recently, the 2-dimensional lenticular symbol has been related to the Pythagorean philosophy. It is told that the followers of this philosophy had the habit of using an apple for symbolic communications. Sliced across, the core of the apple is displaying a pentagram, but sliced lengthwise it forms two intersecting circles, that is a "mandorla". Then, the investigation about terms and related uses of this specific geometric shape is the core of the matter of our discussion or, let us tell, the "core of the apple", in a Pythagorean-like approach to find how a German "fischblosen" evolved into a sacred symbol, thanks to a translation into Latin. (shrink)

English interpretations, appropriations, and transpositions of the figure of Don Quixote play a pivotal role in eighteenth-century constructions of so-called English national character. A corpus of quixotic narratives worked to reinforce the centrality of Don Quixote and the practice of quixotism in the national literary landscape. They stressed the man from La Mancha’s eccentricity and melancholy in ways inextricable from English self-constructions of these traits.2 This is why Stuart Tave is able to write that eighteenth-century Britons could “recast” Don Quixote (...) in a fashion that followed “national pride” in the “freedom” of their humors.1 However, Don Quixote’s integral place in patriotic self-constructions was troubled by gender. While national character was construed as masculine by default, quixotism’s association with masculinity was complicated by the potential passive penetrability of quixotism and the proliferation of narratives about female quixotic readers. This essay will analyze these tensions. Henry Fielding’s Joseph Andrews (1742) and Laurence Sterne’s Tristram Shandy (1759–67) are key examples of quixotic texts that respond to the figure of the female quixote by interrogating the relationship between Englishness, masculinity, and quixotism. (shrink)

Raymond Carver's stories have received many labels: minimalism, K-mart fiction, low-rent tragedy, neo-realism. Paring language, plot, and characterization to the bone, Carver concentrates his stories on instances of judgment and choice. These climactic moments affect not only the characters, but also the reader, who is called to fill the gaps in the text. The gaps generally show the unrelatedness of the characters' responses to the situations in which they find themselves. Relying on formulae, concepts, and rules taken for granted as (...) common knowledge, Carver's characters make choices and judgments which reveal the displacement of their consciousness of themselves and of the world. In trying to fill the gaps, the reader finds himself/herself in the same stance of making judgments and choices, and of looking at his/her own displacement. This predicament is more poignantly conveyed in the early stories, collected in Will You Please Be Quiet, Please?, Furious Seasons, and What We Talk About When We Talk About Love, since Carver writes about people "on the other side of the tracks," that is, on the edges of the sites of power and decisions. Bartenders, wage workers, and salespeople, Carver's characters in these early stories see their lives always threatened by joblessness, bankruptcy, and homelessness. In the later stories, collected in Cathedral and Where I'm Calling From, Carver explores possibilities in conversation, storytelling, and rituals that celebrate the here and now of each occasion and allow the merging of voices and feelings that places the individual's consciousness in the world. (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)

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 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)

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)

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)

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.

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)

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)

Review di due libri essenziali per conoscere meglio Amedeo Avogadro e il suo impegno nella società civile del tempo.

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)

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.

The concept of the analyst's presence gained attention almost 60 years ago through the writings of the French analyst Sacha Nacht and the Hungarian-British Michael Balint. Anna Freud earlier spoke of the related, but rather ambiguous term "real person of the analyst," which has been widely discussed by many authors since. Both terms- presence and real person- appear frequently in the psychoanalytic literature, usually without much definition or conceptual clarity. Authors have used them in different ways, but in general their (...) intention has been to contrast the analyst's reality as a person with his function as a transference and fantasy object, perhaps as a corrective to the perceived austerity of the classical « one-person » model. Lacan's work represents an exception in attempting to escape the dialectic between intra and inter-psychic, but at the cost of eliminating the influence of the analyst as another subject. In contrast to metapsychologic theories of the mind, the author argues that "real presence" can be better understood as part of the phenomenologic experience of intersubjectivity, The co-presence of the analyst is fundamental to the encounter, rather than an accidental or intentional disruption. (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)

Jury science is fraught with difficulty. Since legal and institutional hurdles render it all but impossible to study live criminal jury deliberation, researchers make use of various indirect methods to evaluate jury performance. But each of these methods are open to methodological criticism and, strikingly, some of the highest-profile jury research programmes in recent years have reached opposing conclusions. Uncertainty about jury performance is an obstacle for legal reform—ongoing debates about the ‘justice gap’ for complainants of sexual offences has rendered (...) these problems stark. This paper proposes a way to advance the debate. (shrink)

Thomas Reid's philosophy of mind, epistemology, and philosophy of language all rely on his account of signs and signification. On Reid's view, some entities play a role of indicating other entities to our minds. In some cases, our sensitivity to this indication is learned through experience, whereas in others, the sensitivity is built in to our natural constitutions. Unlike representation, which was presumed to depend on resemblances and necessary connections, signification is the sort of relationship that can occur without any (...) intrinsic ties between the sign and the thing signified. Of particular interest is the priority Reid gives to natural signs. Reid deploys his robust account of natural signs in a way that allows him to sidestep some skeptical worries common in the early modern period, as well as in grounding “artificial” human languages like English or Cantonese on a more basic human capacity for communication, that is, itself, the result of our sensitivity to natural signs of other people's minds. (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 notion of understanding occupies an increasingly prominent place in contemporary epistemology, philosophy of science, and moral theory. A central and ongoing debate about the nature of understanding is how it relates to the truth. In a series of influential contributions, Catherine Elgin has used a variety of familiar motivations for antirealism in philosophy of science to defend a non- factive theory of understanding. Key to her position are: (i) the fact that false theories can contribute to the upwards trajectory (...) of scientific understanding, and (ii) the essential role of inaccurate idealisations in scientific research. Using Elgin’s arguments as a foil, I show that a strictly factive theory of understanding has resources with which to offer a unified response to both the problem of idealisations and the role of false theories in the upwards trajectory of scientific understanding. Hence, strictly factive theories of understanding are viable notwithstanding these forceful criticisms. (shrink)

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.

There is a tension between John Locke’s awareness of the fundamental importance of a shared public language and the manner in which his theorizing appears limited to offering a psychologistic account of the idiolects of individual speakers. I argue that a correct understanding of Locke’s central notion of signification can resolve this tension. I start by examining a long standing objection to Locke’s view, according to which his theory of meaning systematically gets the subject matter of our discourse wrong, by (...) making our ideas the meanings of our words. By examining Locke’s definition of “truth”, I show that Lockean signification is an expression relation, rather than a descriptive or referential relation. Consequently, the sense in which our words signify our ideas is roughly that our utterances advertise our otherwise undisclosed mental lives to each other. While this resolves one aspect of the public/private tension, I close with a brief discussion of the remaining tension, and the role for normative constraints on signification to play in generating a genuinely shared public language. (shrink)

Thomas Reid is notorious for rejecting the orthodox theory of conception (OTC), according to which conceiving of an object involves a mental relationship to an idea of that object. In this paper, I examine the question of what this rejection amounts to, when we limit our attention to bare conception (rather than the more widely discussed case of perception). I present some of the purported advantages of OTC, and assess whether they provide a genuine basis for preferring OTC to a (...) Reidian alternative. I argue that Reid’s approach is no worse off than OTC at explaining intentionality of our conceptions, and suggest that OTC diverges less from Reid’s view than it would at first seem. (shrink)

Researchers face perennial difficulties in studying live jury deliberation. As a result, the academic community struggles to reach a consensus on key matters of legal reform concerning jury trials. The hurdles faced by empirical jury researchers are often legal or institutional. This note argues that the legal and institutional barriers preventing live deliberation research should be removed and discusses two forms that live deliberation research could take.

David Hume fancied himself the Newton of the mind, aiming to reinvent the study of human mental life in the same way that Newton had revolutionized physics. And it was his view that the novel account of belief he proposed in his Treatise of Human Nature was one of that work’s central philosophical contributions. From the earliest responses to the Treatise forward, however, there was deep pessimism about the prospects for his account. It is easy to understand the source of (...) this pessimism: The constraints he employed in theorizing stem from his Newtonian ambitions. Constraints such as his copy principle and his decision to rely only on variations in “force and vivacity” for differentiating types of mental states severely limit his available explanatory resources. However, it is one thing to regard an account as untenable, and quite another to understand where it fails. In this paper, I focus on one long-standing objection to Hume’s account — the objection that Hume cannot offer an account of negative belief or denial — as presented by Hume’s contemporary Thomas Reid, as well as more recently by Barry Stroud, and defend Hume from this objection. I argue that Hume both should and does endorse an account of negative belief based in relations of contrariety between contents, rather than between mental activities, and survey the different options available to Hume for spelling out an account of contrary contents. (shrink)

This paper explores an emerging sub-field of both empirical bioethics and experimental philosophy, which has been called “experimental philosophical bioethics” (bioxphi). As an empirical discipline, bioxphi adopts the methods of experimental moral psychology and cognitive science; it does so to make sense of the eliciting factors and underlying cognitive processes that shape people’s moral judgments, particularly about real-world matters of bioethical concern. Yet, as a normative discipline situated within the broader field of bioethics, it also aims to contribute to substantive (...) ethical questions about what should be done in a given context. What are some of the ways in which this aim has been pursued? In this paper, we employ a case study approach to examine and critically evaluate four strategies from the recent literature by which scholars in bioxphi have leveraged empirical data in the service of normative arguments. (shrink)

Smith proposes an account of how languages developed. He did so not as historian, but as a philosopher with a special concern about how a nominalist could account for general terms. Names for individuals are taken as fairly unproblematic – say ‘Thames’ and ‘Avon’ for each of the respective rivers. But whence the word ‘river,’ applicable to more than one, if all that exist are particular objects? Smith’s view is not the usual one, according to which people deploy a powerful (...) ability to abstract mentally, and subsequently affix a label to a general concept. He resisted this because he granted that such robust mental processes themselves presuppose the use of words. Rather, what holds the class together is the word itself, a “single appellation.”. (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)

Reid argues that Hume’s claim that justice is an artificial virtue is inconsistent with the fact that gratitude is a natural sentiment. This chapter shows that Reid’s argument succeeds only given a philosophy of mind and action that Hume rejects. Among other things, Reid assumes that one can conceive of one of a pair of contradictories only if one can conceive of the other—a claim that Hume denies. So, in the case of justice, the disagreement between Hume and Reid is, (...) at bottom, a disagreement over their respective conceptions of how the human mind works at its most fundamental level. (shrink)

In this paper, I investigate the prospects for using the distinction between rejection and denial to resolve Saul Kripke’s puzzle about belief. One puzzle Kripke presents in A Puzzle About Belief poses what would have seemed a fairly straightforward question about the beliefs of the bilingual Pierre, who is disposed to sincerely and reflectively assent to the French sentence Londres est jolie, but not to the English sentence London is pretty, both of which he understands perfectly well. The question to (...) be answered is whether Pierre believes that London is pretty, and Kripke argues, of each answer, that it is unacceptable. On my proposal, either answer to the question is to be rejected, but neither answer is to be denied, using the resource of partially-defined predicates. After demonstrating how this serves as a solution to the puzzle, I illustrate some philosophical motivations—independent of Kripke’s puzzle —for adopting a view on which belief is a partially defined predicate. I conclude that there are decent prospects for the proposed response to Kripke’s puzzle. (shrink)

* Special Issue on the Philosophical Dimensions of the Trial* This summarises and discusses the contributions.

Introduction and Discussion of a Special Issue in philosophy of law "Philosophical Dimensions of the Trial" -/- .

Philosophers have routinely taken a pessimistic view of the account of cognition offered by David Hume in his Treatise of Human Nature, claiming that Hume's limited explanatory resources cannot capture the rich complexity of our thought, judgment, and reasoning. I provide a qualified defense of Hume's attempt to analyze a cognitive activity in terms of objectual conception, ie conceiving or imagining an object. I defend Hume from objections offered by his contemporary Thomas Reid (and echoed by various recent Hume scholars), (...) presenting an interpretation of the account that resolves these worries. (shrink)