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)

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)

We defend a functionalist approach to emotion that begins by focusing on emotions as central states with causal connections to behavior and to other cognitive states. The approach brackets the conscious experience of emotion, lists plausible features that emotions exhibit, and argues that alternative schemes are unpromising candidates. We conclude with the benefits of our approach: one can study emotions in animals; one can look in the brain for the implementation of specific features; and one ends up with an architecture (...) of the mind in which emotions are fully accommodated through their relations to the rest of cognition. Our article focuses on arguing for this general approach; as such, it is an essay in the philosophy of emotion rather than in the psychology or neuroscience of emotion. (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)

This is a book about normativity -- where the central normative terms are words like 'ought' and 'should' and their equivalents in other languages. It has three parts: The first part is about the semantics of normative discourse: what it means to talk about what ought to be the case. The second part is about the metaphysics of normative properties and relations: what is the nature of those properties and relations whose pattern of instantiation makes propositions about what ought to (...) be the case true. The third part is about the epistemology of normative beliefs: how we could ever know, or even have rational or justified belief in, propositions about what ought to be the case. (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)

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)

Here is a definition of knowledge: for you to know a proposition p is for you to have an outright belief in p that is correct precisely because it manifests the virtue of rationality. This definition resembles Ernest Sosa’s “virtue theory”, except that on this definition, the only virtue that must be manifested in all instances of knowledge is rationality, and no reductive account of rationality is attempted—rationality is assumed to be an irreducibly normative notion. This definition is compatible with (...) “internalism” about rationality, and with a form of “pragmatic encroachment” on the conditions of rational outright belief. An interpretation is given of this definition, and especially of the sense of ’because’ that it involves. On this interpretation, this definition entails that both safety and adherence are necessary conditions on knowledge; it supports a kind of contextualism about terms like ‘knowledge’; and it provides resources to defend safety, adherence, and contextualism, against some recent objections. (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.

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)

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)

Our approach to emotion emphasized three key ingredients. We do not yet have a mature science of emotion, or even a consensus view—in this respect we are more hesitant than Sander, Grandjean, and Scherer or Luiz Pessoa. Relatedly, a science of emotion needs to be highly interdisciplinary, including ecology, psychology, neuroscience, and philosophy. We recommend a functionalist view that brackets conscious experiences and that essentially treats emotions as latent variables inferred from a number of measures. But our version of functionalism (...) is not definitional or ontological. It is resolutely methodological, in good part because it is too early to attempt definitions. (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)

Often, when one faces a choice between alternative actions, there are reasons both for and against each alternative. On one way of understanding these words, what one “ought to do all things considered (ATC)” is determined by the totality of these reasons. So, these reasons can somehow be “combined” or “aggregated” to yield an ATC verdict on these alternatives. First, various assumptions about this sort of aggregation of reasons are articulated. Then it is shown that these assumptions allow for the (...) proof of a “Reasons Aggregation Theorem” – parallel to John Harsanyi’s 1955 “Social Aggregation Theorem”. All reasons for action are grounded in reason-providing values; and, for every such reason-providing value, there is in principle a way of measuring how strongly this value counts against each alternative. The theorem tells us that the appropriate measure of how much reason ATC there is against each alternative is simply a weighted sum of the strengths with which these values count against that alternative; the agent ought not ATC to perform an action iff there is ATC more reason against it than against some available alternative. (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)

Many philosophers working on the branches of philosophy that deal with the normative questions have adopted a " Reasons First" program. This paper criticizes the foundational assumptions of this program. In fact, there are many different concepts that can be expressed by the term 'reason' in English, none of which are any more fundamental than any others. Indeed, most of these concepts are not particularly fundamental in any interesting sense.

Suppose that it is rational to choose or intend a course of action if and only if the course of action maximizes some sort of expectation of some sort of value. What sort of value should this definition appeal to? According to an influential neo-Humean view, the answer is “Utility”, where utility is defined as a measure of subjective preference. According to a rival neo-Aristotelian view, the answer is “Choiceworthiness”, where choiceworthiness is an irreducibly normative notion of a course of (...) action that is good in a certain way. The neo-Humean view requires preferences to be measurable by means of a utility function. Various interpretations of what exactly a “preference” is are explored, to see if there is any interpretation that supports the claim that a rational agent’s “preferences” must satisfy the “axioms” that are necessary for them to be measurable in this way. It is argued that the only interpretation that supports the idea that the rational agent’s preferences must meet these axioms interprets “preferences” as a kind of value-judgment. But this turns out to be version of the neo-Aristotelian view, rather than the neo-Humean view. Rational intentions maximize expected choiceworthiness, not expected utility. (shrink)

An account of Plato’s theory of knowledge is offered. Plato is in a sense a contextualist: at least, he recognizes that his own use of the word for “knowledge” varies – in some contexts, it stands for the fullest possible level of understanding of a truth, while in other contexts, it is broader and includes less complete levels of understanding as well. But for Plato, all knowledge, properly speaking, is a priori knowledge of necessary truths – based on recollection of (...) aspects of the Forms – and so in contemporary terms, it meets the conditions of “safety” and “adherence” (or “indefeasibility”) to the highest degree. This account is defended on the basis of the text of Meno, Phaedo, and the Republic, against some objections – especially objections that are due to Gail Fine. (shrink)

What is the connection between justification and the kind of consequence relations that are studied by logic? In this essay, I shall try to provide an answer, by proposing a general conception of the kind of inference that counts as justified or rational.

According to a widely held view of the matter, whenever we assess beliefs as ‘rational’ or ‘justified’, we are making normative judgements about those beliefs. In this discussion, I shall simply assume, for the sake of argument, that this view is correct. My goal here is to explore a particular approach to understanding the basic principles that explain which of these normative judgements are true. Specifically, this approach is based on the assumption that all such normative principles are grounded in (...) facts about values, and the normative principles that apply to beliefs in particular are grounded in facts about alethic value––a kind of value that is exemplified by believing what is true and not believing what is false. In this chapter, I shall explain what I regard as the best way of interpreting this approach. In doing so, I shall also show how this interpretation can solve some problems that have recently been raised for approaches of this kind by Selim Berker, Jennifer Carr, Michael Caie, and Hilary Greaves. (shrink)

According to epistemological internalism, the rationality of a belief supervenes purely on "internal facts" about the thinker's mind. But what are "internal facts"? Why does the rationality of a belief supervene on them? The standard answers are unacceptable. This paper proposes new answers. "Internal facts" are facts about the thinker's nonfactive mental states. The rationality of a belief supervenes on such internal facts because we need rules of belief revision that we can follow directly, not by means of following any (...) other rules, and the proximate explanation of any belief revision always consists of such internal facts. (shrink)

Sometimes, we think of belief as a phenomenon that comes in degrees – that is, in the many different levels of confidence that a thinker might have in various different propositions. Sometimes, we think of belief as a simple two-place relation that holds between a thinker and a proposition – that is, as what I shall here call "outright belief".

What reasons for action do we have? What explains why we have these reasons? This paper articulates some of the basic structural features of a theory that would provide answers to these questions. According to this theory, reasons for action are all grounded in intrinsic values, but in a way that makes room for a thoroughly non-consequentialist view of the way in which intrinsic values generate reasons for aaction.

Smajdor argues that “recognition” is the solution to the “reifying attitude” that results from “the urge to protect ‘vulnerable’ people through exclusion from research”. Drawing on theories of reification, we argue that it is the concepts of autonomy and vulnerability themselves that have been reified, resulting in the impoverishment of approaches to autonomy at law and in research ethics. Overcoming such reification demands a deeper consideration of the grounds on which vulnerable individuals are owed recognition and thereby the forms such (...) recognition should take. Smajdor argues for a recognition that appeals to autonomy and that manifests in providing vulnerable individuals with the opportunity to assent. The problem is that this kind of recognition is dependent on a more fundamental kind. It is this second form of recognition that would need to do the heavy lifting for assent-based frameworks to avoid the same problems we find with consent. (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)

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)

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.

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)

According to John Broome, akrasia consists in a failure to intend to do something that one believes one ought to do, and such akrasia is necessarily irrational. In fact, however, failing to intend something that one believes one ought to do is only guaranteed to be irrational if one is certain of a maximally detailed proposition about what one ought to do; if one is uncertain about any part of the full story about what one ought to do, it could (...) be perfectly rational not to intend to do something that one believes one ought to do. This paper seeks to remedy this problem, by proposing an anti-akrasia principle that covers cases of uncertainty (as well as cases of such complete certainty). It is argued that this principle is in effect the fundamental principle of practical rationality. (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 what next question for moral error theorists asks: if moral discourse is systematically error-ridden, then how, if at all, should moral error theorists continue to employ moral discourse? Recent years have seen growing numbers of moral error theorists come to endorse a wider normative error theory according to which all normative judgements are untrue. But despite this shift, the what next question for normative error theorists has received far less attention. This paper presents a novel solution to this question: (...) revolutionary normative subjectivism. Along the way, two primary contributions are advanced. First, a non-normative methodology for answering the normative error theoretic what next question is developed. Second, revolutionary normative subjectivism is presented and defended in accordance with the proposed methodology. (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)

The late Robert Veatch, one of the United States’ founders of bioethics, never tired of reminding us that the paradigm-shifting contribution that bioethics made to patient care was to liberate patients out of the hands of doctors, who were traditionally seen to know best, even when they decidedly did not know best. It seems to us that with the advent of COVID-19, health policy has come full-circle on this. COVID-19 gave rise to a large number of purportedly “ethical” guidance documents (...) aiming to assist health care providers and practitioners with responding to the ethical challenges that might arise in their response to the pandemic. Ethics has two primary functions: provide clear action guidance, and provide clear action justification. The documents in question arguably reflect the ultimate policy triumph of bioethical “principlism”, and, perhaps surprisingly, as a corollary, the ultimate triumph of “doctor-knows-best”. (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)

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)

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.

This chapter is concerned with the distinction that most contemporary epistemologists express by distinguishing between “propositional” and “doxastic” justification. The goal is to develop an account of this distinction that applies, not just to full or outright beliefs, but also to partial credences—and indeed, in principle, to attitudes of all kinds. The standard way of explaining this distinction, in terms of the “basing relation”, is criticized, and an alternative account—the “virtue manifestation” account—is proposed in its place. This account has a (...) certain kinship with the epistemological approach that is known as “reliabilism”, but it also has certain key differences—above all, it is compatible with an internalist view of rationality. (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)

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.

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.

In the debates regarding the ethics of human enhancement, proponents have found it difficult to refute the concern, voiced by certain bioconservatives, that cognitive enhancement violates the autonomy of the enhanced. However, G. Owen Schaefer, Guy Kahane and Julian Savulescu have attempted not only to avoid autonomy-based bioconservative objections, but to argue that cognition-enhancing biomedical interventions can actually enhance autonomy. In response, this paper has two aims: firstly, to explore the limits of their argument; secondly, and more importantly, to develop (...) a more complete understanding of autonomy and its relation to cognitive enhancement. By drawing a distinction between the capacity for autonomy and the exercise and achievement of autonomy and by exploring the possible effects of cognitive enhancement on both competence and authenticity conditions for autonomy, the paper identifies and explains which dimensions of autonomy can and cannot, in principle, be enhanced via direct cognitive interventions. This allows us to draw conclusions regarding the limits of cognitive enhancement as a means for enhancing autonomy. (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)

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.