If bioethical questions cannot be resolved in a widely acceptable manner by rational argument, and if they can be regulated only on the basis of political decision-making, then bioethics belongs to the political sphere. The particular kind of politics practiced in any given society matters greatly: it will determine the kind of bioethical regulation, legislation, and public policy generated there. I propose approaching bioethical questions politically in terms of decisions that cannot be “correct” but that can be “procedurally legitimate.” Two (...) procedures in particular can deliver legitimate bioethical decisions, once combined: expert bioethics committees and deliberative democracy. Bioethics so understood can exceed bioethics as a moral project or as a set of administrative principles to regulate medical practice; it can now aspire to a democratic project that involves ordinary citizens as far as reasonably possible. I advance this argument in four steps: (1) using the example of human germline gene editing, (2) I propose a general understanding of proceduralism, and (3) then combine two types and (4) conclude with a defense of majoritarian proceduralism. I develop this argument in terms of one example: germline gene editing. (shrink)

Clark and Chalmers (1998) defend the hypothesis of an ‘Extended Mind’, maintaining that beliefs and other paradigmatic mental states can be implemented outside the central nervous system or body. Aspects of the problem of ‘language acquisition’ are considered in the light of the extended mind hypothesis. Rather than ‘language’ as typically understood, the object of study is something called ‘utterance-activity’, a term of art intended to refer to the full range of kinetic and prosodic features of the on-line behaviour of (...) interacting humans. It is argued that utterance activity is plausibly regarded as jointly controlled by the embodied activity of interacting people, and that it contributes to the control of their behaviour. By means of specific examples it is suggested that this complex joint control facilitates easier learning of at least some features of language. This in turn suggests a striking form of the extended mind, in which infants’ cognitive powers are augmented by those of the people with whom they interact. (shrink)

Collected essays consider points of affinity and friction between Walter Benjamin and Martin Heidegger. Despite being contemporaries, Walter Benjamin and Martin Heidegger never directly engaged with one another. Yet, Hannah Arendt, who knew both men, pointed out common ground between the two. Both were concerned with the destruction of metaphysics, the development of a new way of reading and understanding literature and art, and the formulation of radical theories about time and history. On the other hand, their life (...) trajectories and political commitments were radically different. In a 1930 letter, Benjamin told a friend that he had been reading Heidegger and that if the two were to engage with one another, “sparks will fly.” Acknowledging both their affinities and points of conflict, this volume stages that confrontation, focusing in particular on temporality, Romanticism, and politics in their work. (shrink)

In their response to our article (Keestra and Cowley, 2009), Hacker and Bennett charge us with failing to understand the project of their book Philosophical Foundations of Neuroscience (PFN; Bennett and Hacker, 2003) and do this by discussing foundationalism, linguistic conservatism and the passivity of perception. In this rebuttal we explore disagreements that explain the alleged errors. First, we reiterate our substantial disagreement with Bennett and Hacker (B&H) regarding their assumption that, even regarding much debated concepts like ‘consciousness’, we (...) can assume conceptual consensus within a community of competent speakers. Instead, we emphasize variability and divergence between individuals and groups in such contexts. Second, we plead for modesty in conceptual analysis, including the use of conceptual ambiguities as heuristics for the investigation of explanatory mechanisms. Third, we elucidate our proposal by discussing the interdependence of perception and action, which in some cases appear to be problematic for PFN. Fourth, we discuss why our view of conceptual innovation is different from B&H’s, as we plead for linking explanatory ingredients with conceptual analysis. We end by repeating our particular agreement with their mereological principle, even though we present different reasons: psychological concepts should not be applied to mere components or operations of explanatory mechanisms, for which another vocabulary should be developed. (shrink)

Parenting our biological children is a centrally important matter, but how, if it all, can it be justified? According to a contemporary influential line of thinking, the acquisition by parents of a moral right to parent their biological children should be grounded by appeal to the value of the intimate emotional relationship that gestation facilitates between a newborn and a gestational procreator. I evaluate two arguments in defence of this proposal and argue that both are unconvincing.

It is a consequence of the theory of imprecise credences that there exist situations in which rational agents inevitably become less opinionated toward some propositions as they gather more evidence. The fact that an agent's imprecise credal state can dilate in this way is often treated as a strike against the imprecise approach to inductive inference. Here, we show that dilation is not a mere artifact of this approach by demonstrating that opinion loss is countenanced as rational by a substantially (...) broader class of normative theories than has been previously recognised. Specifically, we show that dilation-like phenomena arise even when one abandons the basic assumption that agents have (precise or imprecise) credences of any kind, and follows directly from bedrock norms for rational comparative confidence judgements of the form `I am at least as confident in p as I am in q'. We then use the comparative confidence framework to develop a novel understanding of what exactly gives rise to dilation-like phenomena. By considering opinion loss in this more general setting, we are able to provide a novel assessment of the prospects for an account of inductive inference that is not saddled with the inevitability of rational opinion loss. (shrink)

This article is concerned with a puzzle that arises from three initially plausible assumptions that form an inconsistent triad: (i) Epistemic reasons are normative reasons (normativism); (ii) reasons are normative only if conformity with them is good (the reasons/value‐link); (iii) conformity with epistemic reasons need not be good (the nihilist assumption). I start by defending the reasons/value‐link, arguing that normativists need to reject the nihilist assumption. I then argue that the most familiar view that denies the nihilist assumption—epistemic teleology—is untenable. (...) Finally, I consider two alternative ways of accounting for the goodness of conformity with epistemic reasons: it may be good because it accords with the virtue of reasons‐responsiveness, and it may be good because it is good to conform with normative reasons as such. I argue that both of these conceptions avoid the problems of epistemic teleology and merit serious consideration as potential solutions to the puzzle. (shrink)

This article brings a new perspective to the ethical debate on geoengineering through stratospheric aerosol injection (SAI), incorporating the emerging techno-moral change scholarship into the discussion surrounding sustainability. The techno-moral change approach can help us understand different ways in which technology might shape society. First, it helps highlight how values and norms are interrelated. Second, it shows that techno-moral change can happen even if the technology is in no way realized. Through the introduction of two techno-moral vignettes, two diametrically opposed (...) ways in which SAI forces us to rethink sustainability and our relationship with nature are suggested. SAI could lead to a situation of entrenchment, wherein sustainability as a norm is undermined, or transformation where the necessity of acting according to sustainability is highlighted. (shrink)

In this article, we address a major outstanding question of probabilistic Bayesian epistemology: how should a rational Bayesian agent update their beliefs upon learning an indicative conditional? A number of authors have recently contended that this question is fundamentally underdetermined by Bayesian norms, and hence that there is no single update procedure that rational agents are obliged to follow upon learning an indicative conditional. Here we resist this trend and argue that a core set of widely accepted Bayesian norms is (...) sufficient to identify a normatively privileged updating procedure for this kind of learning. Along the way, we justify a privileged formalization of the notion of ‘epistemic conservativity’, offer a new analysis of the Judy Benjamin problem, and emphasize the distinction between interpreting the content of new evidence and updating one’s beliefs on the basis of that content. (shrink)

The Psychological Society of Ireland’s (PSI) response to the call from the United Nations (UN) Committee on the Rights of the Child: Draft General Comment No. 26 Calls for comment on the draft general comment on children’s rights and the environment with a special focus on climate change III. ‘Specific rights of the Convention as they relate to the environment’, B. The right to the highest attainable standard of health (art. 24), 27. … children’s current and anticipated psychosocial, emotional and (...) mental health problems and suffering caused by environmental harm. The PSI wishes to express sincere thanks to the Society’s Special Interest Group in Human Rights and Psychology, particularly Dr Michelle Cowley-Cunningham, Dr Elaine Rogers, and Ms Alexis Carey, who coordinated the following response on behalf of the Society. 1. Environmental degradation, loss of biodiversity, and climate change impact children’s human rights and present a serious threat to future generations’ enjoyment of human rights. Distressingly, 1.7 million children lose their lives annually as a result of avoidable environmental impacts, while millions more are impacted by disease, displaced from their homes and miss out on receiving education1. The PSI Special Interest Group in Human Rights and Psychology (SIGHRP) is grateful to the Committee on the Rights of the Child for this opportunity to submit a stakeholder comment in advance of the drafting of the Draft General Comment No. 26. SIGHRP is appreciative of the work of the Committee in monitoring the implementation of the Convention on the Rights of the Child (UNCRC) and welcomes the Committee's stakeholder call for ideas to aid the development of policies, both domestically and internationally, to address critical climate change issues. Specifically, SIGHRP welcomes the opportunity to comment on the connection between child and adolescent mental health and human rights obligations, and advocates for policies and initiatives to address this issue in the context of climate change. (shrink)

This entry is composed of three sections. In §1, we survey debates about what structural rationality is, including the emergence of the concept in the contemporary literature, its key characteristics, its relationship to substantive rationality, its paradigm instances, and the questions of whether these instances are unified and, if so, how. In §2, we turn to the debate about structural requirements of rationality – including controversies about whether they are “wide-scope” or “narrow-scope”, synchronic or diachronic, and whether they govern processes (...) or states; as well as examining various forms of skepticism about structural requirements of rationality. In §3, we turn to the debate about the normative significance of structural rationality, surveying central challenges for the view that structural rationality is normatively significant and the theoretical options that arise in light of these challenges. (shrink)

The institution of the family and its importance have recently received considerable attention from political theorists. Leading views maintain that the institution’s justification is grounded, at least in part, in the non-instrumental value of the parent-child relationship itself. Such views face the challenge of identifying a specific good in the parent-child relationship that can account for how adults acquire parental rights over a particular child—as opposed to general parental rights, which need not warrant a claim to parent one’s biological progeny. (...) I develop a view that meets this challenge. This Project View identifies the pursuit of a parental project as a distinctive non-instrumentally valuable good that provides a justification for the family and whose pursuit is necessary and sufficient for the acquisition of parental rights. This view grounds moral parenthood in a normative relation as opposed to a biological one, supports polyadic forms of parenting, and provides plausible guidance in cases of assisted reproduction. (shrink)

The purpose of this paper is to provide a detailed technical protocol analysis of chess masters' evaluative expertise, paying particular attention to the analysis of the structure of their memory process in evaluating foreseen possibilities in games of dynamic equilibrium. The paper has two purposes. First, to publish a results chapter from my DPhil thesis (in revised journal article form) attending to the measurement of foresight in chess masters' evaluation process, testing alternative theories of cognitive expertise in the domain of (...) chess; and second to provide a subset of the technical graphical analysis that corresponds to that measurement to preserve this protocol analysis for access in the academic domain for future studies of expert memory and foresight (e.g., Ericsson & Simon, 1993). The step-by-step protocol analysis consists of: (i) an introduction to foresight cognition as hypothesis testing, (ii) a theoretical review in the domain of chess masters' expertise according to the theoretical frameworks in that field purporting hypotheses relevant to chess masters' evaluative skill processes, and (iii) summary tables and non-parametric statistical analysis corroborating chunking theory frameworks of expert cognition (e.g., DeGroot, 1965; Newell & Simon, 1972; Gobet, 1998; Gobet et al., 2004), and refuting the alternative search-evaluation models (e.g., Holding & Reynolds, 1982). Moreover, the journal article espouses the preservation of the traditional protocol analysis method core to the field of expert cognition (DeGroot, 1969; Kotov, 1971). The full protocol analysis can be found in monograph form here on my SSRN profile in ‘The role of falsification in hypothesis testing’. It takes the form of a specialist population study (e.g., detailed case study work; Luria, 1987). Thus the outline consists of a short introduction, a theoretical methodological review discussing protocol analysis methods for specialist population studies in cognition (with particular attention to the preservation of protocol analysis methods for chess studies in cognition and expert memory/ with a fresh angle on the foresight process), and the full set of protocol analyses with corresponding problem behaviour graphs. A subset of the main results has been published elsewhere (e.g., Cowley & Byrne, 2004; Cowley 2006), receiving scientific and scientific journalistic acclaim (e.g., Nature Online News 2004). (shrink)

In spite of its significance for everyday and philosophical discourse, the explanatory connective has not received much treatment in the philosophy of logic. The present paper develops a logic for based on systematic connections between and the truth-functional connectives.

People loved for their beauty and cheerfulness are not loved as irreplaceable, yet people loved for “what their souls are made of” are. Or so literary romance implies; leading philosophical accounts, however, deny the distinction, holding that reasons for love either do not exist or do not include the beloved’s distinguishing features. In this, I argue, they deny an essential species of love. To account for it while preserving the beloved’s irreplaceability, I defend a model of agency on which people (...) can love each other for identities still being created, through a kind of mutual improvisation. (shrink)

A theory of blameworthiness must answer two fundamental questions. First, what makes a person blameworthy when they act? Second, what makes a person blameworthy after the time of action? Two main answers have been given to the second question. According to interminability theorists, blameworthiness necessarily doesn’t even diminish over time. Terminability theorists deny this. In this paper, I argue against interminability and in favour of terminability. After clarifying the debate about whether blameworthiness is interminable or terminable, I argue there’s no (...) positive case for interminability. I then respond to three objections to terminability. In doing so, I clarify the nature of blame, self-blame, and posthumous blame. I also give theoretical reasons in favour of the view that a person’s blameworthiness for a minor wrong can not only diminish but also cease completely. (shrink)

Many theories in philosophy, law, and psychology, make no distinction in meaning between causing and enabling conditions. Yet, psychologically people readily make such distinctions each day. In this paper we report three experiments, showing that individuals distinguish between causes and enabling conditions in brief descriptions of wrongful outcomes. Respondents rate actions that bring about outcomes as causes, and actions that make possible the causal relation as enablers. Likewise, causers (as opposed to enablers) are rated as more responsible for the outcome, (...) as liable to longer prison sentences, and as liable to pay higher fines. Moreover, the more actors involved, the more blame volume there is psychologically to be apportioned between them. The implication is that theories and the law in practice, both criminal and civil, may dangerously mismatch the intuitions of those to whom they are supposed to apply. The findings are discussed in light of contemporary psychological theories of how people reason about cause. -/- The paper presents the extended findings supplementary to the conference paper: Frosch, C. A., Johnson-Laird, P. N., Cowley, M. (2007). Don’t blame me your Honor, I’m only the enabler. Proceedings of the Twenty–Ninth Annual Conference of the Cognitive Science Society, p. 1755, Mahweh, N. J: Erlbaum. Nashville, USA. *Main findings now cited in the Oxford Handbook of Causal Reasoning. (shrink)

This paper presents empirical findings from a set of reasoning and mock jury studies presented at the Experimental Psychology Oxford Seminar Series (2010) and the King's Bench Chambers KBW Barristers Seminar Series (2010). The presentation asks the following questions and presents empirical answers using the Lenses of Evidence Framework (Cowley & Colyer, 2010; see also van Koppen & Wagenaar, 1993): -/- Why is mental representation important for psychology? -/- Why is mental representation important for evidence law? -/- Lens 1: (...) The self representation - Key findings -/- Lens 2: The expert representation - Key findings -/- Lens 3: The anchor representation - Key findings -/- Conclusions & Future directions. -/- The series of research essentially explores how people represent evidence in mind and presents key findings now cited in the following literatures: Philosophy of Science, Cognitive Expertise, Behavioural Economics, Cognitive Science, Psychology and Public Policy, & Causation and the Law. (shrink)

Immanuel Kant’s political philosophy has enjoyed renewed attention as an egalitarian alternative to contemporary inequality since it seems to uncompromisingly reassert the primacy of the state over the economy, enabling it to defend the modern welfare state against encroaching neoliberal markets. However, I argue that, when understood as a free-standing approach to politics, Kant’s doctrine of right shares essential features with the prevailing theories that legitimate really existing economic inequality. Like Friedrich Hayek and Milton Friedman, Kant understands the state’s function (...) as essentially coercive and, in justifying state coercion, he adopts a narrow conception of political freedom that formally preserves the right to choose while denying that the range of choices one actually has can be a matter of justice. As a result, Kant cannot identify various forms of social pressure as potential injustices even as he recognizes their power to create and sustain troubling inequalities. For both Kant and the neoliberals, the result is that economic relations almost never count as unjust forms of coercion, no matter how unequal they are. Views that identify coercion as the trigger for duties of justice are thus particularly ill-suited to orient us to contemporary inequality. (shrink)

A broad set of public policy debates concern the limits of humanity’s control over nature. Attitudes towards such topics are not well explained by the standard 2-dimensional political model favored by political scientists of i) a left/right economic spectrum and ii) a liberal/authoritarian social spectrum. I pose a new, orthogonal, political spectrum to fill the void. It is a spectrum of value held for, on the one hand, nature, and on the other, technological progress. This harks back to the 18th (...) Century Enlightenment and Romanticism, but manifests again and again, including in recent debates about human enhancement biotechnology. (shrink)

This paper has two aims. The first is to present and defend a new argument for rights contributionism – the view that the notion of a moral claim-right is a contributory (or pro tanto) rather than overall normative notion. The argument is an inference to the best explanation: it is argued that (i) there are contributory moral factors that contrast with standard moral reasons by way of having a number of formal properties that are characteristic of rights, even though they (...) can be overridden, and (ii) that this is best explained by a view that takes these factors to correlate with rights. The second aim is to show that the truth of rights contributionism matters for normative ethics. More specifically, it is argued that rights contributionism clears the way for deontologists to justify the pre-theoretically plausible verdict that we have a duty to save the greater number in so-called Taurek scenarios – scenarios in which we have to choose between saving either a greater or a smaller number of different people. The chapter offers a novel and distinctively deontological explanation of this verdict that is based on the assumption that everyone has a pro tanto right to be saved in a Taurek scenario. (shrink)

If you ought to perform a certain act, and some other action is a necessary means for you to perform that act, then you ought to perform that other action as well – or so it seems plausible to say. This transmission principle is of both practical and theoretical significance. The aim of this paper is to defend this principle against a number of recent objections, which (as I show) are all based on core assumptions of the view called actualism. (...) I reject actualism, provide an alternative explanation of its plausible features, and present an independent argument for the transmission principle. (shrink)

The principle of indifference states that in the absence of any relevant evidence, a rational agent will distribute their credence equally among all the possible outcomes under consideration. Despite its intuitive plausibility, PI famously falls prey to paradox, and so is widely rejected as a principle of ideal rationality. In this article, I present a novel rehabilitation of PI in terms of the epistemology of comparative confidence judgments. In particular, I consider two natural comparative reformulations of PI and argue that (...) while one of them prescribes the adoption of patently irrational epistemic states, the other provides a consistent formulation of PI that overcomes the most salient limitations of existing formulations. (shrink)

Hypocrisy is widely thought to be morally objectionable in a way that undermines the hypocrite’s moral standing to blame others. To wit, we seem to intuitively accept the “Nonhypocrisy Condition:” R has the standing to blame S for some violation of a moral norm N only if R’s blaming S is not hypocritical. This claim has been the subject of intensifying philosophical investigation in recent years. However, we can only understand why hypocrisy is morally objectionable and has an effect on (...) standing to blame if we can correctly characterize hypocrisy itself. Unfortunately, some recent discussions fail to do this, which fatally undermines subsequent arguments concerning the effect of hypocrisy on the standing to blame. This paper’s central aim is to develop and defend a better account of hypocrisy. The hope is that with such an account in hand, we can explain and perhaps justify our moral aversion to hypocrisy in general as well as the Nonhypocrisy Condition in particular. (shrink)

In this paper I present an argument for the claim that you ought to do something only if you may believe that you ought to do it. More exactly, I defend the following principle about normative reasons: An agent A has decisive reason to φ only if she also has sufficient reason to believe that she has decisive reason to φ. I argue that this principle follows from the plausible assumption that it must be possible for an agent to respond (...) correctly to her reasons. In conclusion, I discuss some implications of this argument (given that some other standard assumptions about reasons hold). One such implication is that we are always in a position to be justified in believing all truths about what we have decisive reason (or ought) to do. (shrink)

According to a widely held view, epistemic reasons are normative reasons for belief – much like prudential or moral reasons are normative reasons for action. In recent years, however, an increasing number of authors have questioned the assumption that epistemic reasons are normative. In this article, I discuss an important challenge for anti-normativism about epistemic reasons and present a number of arguments in support of normativism. The challenge for anti-normativism is to say what kind of reasons epistemic reasons are if (...) they are not normative reasons. I discuss various answers to this challenge and find them all wanting. The arguments for normativism each stress a certain analogy between epistemic reasons and normative reasons for action. Just like normative reasons for action, epistemic reasons provide partial justification; they provide premises for correct reasoning; they constitute good bases for the responses they are reasons for; and they are reasons for which agents can show these responses without committing a mistake. In each case, I argue that the relevant condition is plausibly sufficient for the normativity of a reason, and that normativism is in any case in a much better position to explain the analogy than anti-normativism. (shrink)

Partiality is the special concern that we display for ourselves and other people with whom we stand in some special personal relationship. It is a central theme in moral philosophy, both ancient and modern. Questions about the justification of partiality arise in the context of enquiry into several moral topics, including the good life and the role in it of our personal commitments; the demands of impartial morality, equality, and other moral ideals; and commonsense ideas about supererogation. This paper provides (...) an overview of the debate on the ethics of partiality through the lens of the domains of permissible and required partiality. After outlining the conceptual space, I first discuss agent-centred moral options that concern permissions not to do what would be impartially optimal. I then focus on required partiality, which concerns associative duties that go beyond our general duties to others and require us to give special priority to people who are close to us. I discuss some notable features of associative duties and the two main objections that have been raised against them: the Voluntarist and the Distributive objections. I then turn to the justification of partiality, focusing on underivative approaches and reasons-based frameworks. I discuss the reductionism and non-reductionism debate: the question whether partiality is derivative or fundamental. I survey arguments for ‘the big three’, according to which partiality is justified by appeal to the special value of either projects, personal relationships, or individuals. I conclude by discussing four newly emerging areas in the debate: normative transitions of various personal relationships, relationships with AI, epistemic partiality, and negative partiality, which concerns the negative analogue of our positive personal relationships. (shrink)

Asymmetry theories about free will and moral responsibility are a recent development in the long history of the free will debate. Kant commentators have not yet explored the possibility of an asymmetrical reconstruction of Kant's theory of freedom, and that is my goal here. By "free will", I mean the sort of control we would need to be morally responsible for our actions. Kant's term for it is "transcendental freedom", and he refers to the attribution of moral responsibility as "imputation". (...) By "Kant's theory of freedom", I mean not only his theory of transcendental freedom and imputation, but also the various ways in which he draws on these ideas in his moral theory. (shrink)

Local Recurrency Theory (LR) holds that recurrent loops of neural activity localized to the visual cortex are necessary and sufficient for visual consciousness (if certain background conditions obtain). LR’s popularity has recently waned in favor of theories holding that higher-level types of processing are necessary for consciousness (for example, the Global Neuronal Workspace Theory and Higher-order Theory). This has been in part because of empirical evidence thought to disconfirm LR. However, these competing theories now face challenges of their own, often (...) coming in the form of evidence showing that higher-level brain areas (that is, in the prefrontal cortex) are probably not essential for consciousness. Given growing challenges to LR's competitors, it would be timely to re-assess the prospects for LR. This article carries out such an investigation, first laying out the theory precisely, then going on to survey the evidence presented against it. What will be found is that none of the evidence necessarily undermines LR, but instead just fosters its theoretical enrichment. The overall conclusion: LR remains among our most promising neuroscientific theories of visual consciousness. (shrink)

Permissivism about rationality is the view that there is sometimes more than one rational response to a given body of evidence. In this paper I discuss the relationship between permissivism, deference to rationality, and peer disagreement. I begin by arguing that—contrary to popular opinion—permissivism supports at least a moderate version of conciliationism. I then formulate a worry for permissivism. I show that, given a plausible principle of rational deference, permissive rationality seems to become unstable and to collapse into unique rationality. (...) I conclude with a formulation of a way out of this problem on behalf of the permissivist. (shrink)

In response to the International Union of Psychological Sciences (IUPsyS) call for member organisations to ‘contribute ideas on the IUPsyS responses in crises and emergencies’, the Psychological Society of Ireland (PSI), through guidance from the PSI Special Interest Group in Human Rights and Psychology (SIGHRP),proposed a set of human rights-based recommendations to aid the IUPsyS policy mission for actions moving forward. This article speaks to the reasoning behind the rights-based framework, reprints the framework in full, and details the summary of (...) the stakeholder consultation. (shrink)

The first part of this paper surveys five perspectives in Kant’s philosophy on the quantity of retribution to be inflicted on wrongdoers, ordered by two dimensions of difference – whether they are theoretical or practical perspectives, and the quantity of retribution they prescribe: (1) theoretical zero, the perspective of theoretical philosophy; (2) practical infinity, the perspective of God and conscience; (3) practical equality, the perspective of punishment in public law; (4) practical degrees, the perspective we adopt in private relations to (...) others and (5) practical zero, a perspective I argue is entailed by Kant’s doctrine of strict right, which is his justification of coercing compliance with public law. Kant acknowledges 1–4 but not 5. The second part draws on Kant’s account of the burden of proof in criminal law to argue that Kant is wrong to adopt 3 in responding to criminals, and that we ought to adopt 5 instead. (shrink)

DNA evidence is one of the most significant modern advances in the search for truth since the cross examination, but its format as a random-match-probability makes it difficult for people to assign an appropriate probative value (Koehler, 2001). While Frequentist theories propose that the presentation of the match as a frequency rather than a probability facilitates more accurate assessment (e.g., Slovic et al., 2000), Exemplar-Cueing Theory predicts that the subjective weight assigned may be affected by the frequency or probability format, (...) and how easily examples of the event, i.e., ‘exemplars’, are generated from linguistic cues that frame the match in light of further evidence (Koehler & Macchi, 2004). This paper presents two juror research studies to examine the difficulties that jurors have in assigning appropriate probative value to DNA evidence when contradictory evidence is presented. Study 1 showed that refuting evidence significantly reduced guilt judgments when exemplars were linguistically cued, even when the probability match and the refuting evidence had the same objective probative value. Moreover, qualitative reason for judgment responses revealed that interpreting refuting evidence was found to be complex and not necessarily reductive; refutation was found indicative of innocence or guilt depending on whether exemplars have been cued or not. Study 2 showed that the introduction of judges’ directions to linguistically cue exemplars, did not increase the impact of refuting evidence beyond its objective probative value, but less guilty verdicts were returned when jurors were instructed to consider all possible explanations of the evidence. The results are discussed in light of contradictory frequentist and exemplar-cueing theoretical positions, and their real-world consequences. (shrink)

In this paper, I develop a theory of how claims about an agent’s normative reasons are sensitive to the epistemic circumstances of this agent, which preserves the plausible ideas that reasons are facts and that reasons can be discovered in deliberation and disclosed in advice. I argue that a plausible theory of this kind must take into account the difference between synchronic and diachronic reasons, i.e. reasons for acting immediately and reasons for acting at some later point in time. I (...) provide a general account of the relation between synchronic and diachronic reasons, demonstrate its implications for the evidence-sensitivity of reasons and finally present and defend an argument for my view. (shrink)

Two main cognitive theories predict that people find refuting evidence that falsifies their theorising difficult, if not impossible to consider, even though such reasoning may be pivotal to grounding their everyday thoughts in reality (i.e., Poletiek, 1996; Klayman & Ha, 1987). In the classic 2-4-6 number sequence task devised by psychologists to test such reasoning skills in a simulated environment – people fail the test more often than not. In the 2-4-6 task participants try to discover what rule the number (...) triple 2-4-6 conforms to. The rule is ‘ascending numbers’, but it is tricky to discover this rule. Participants tend to generate hypotheses with the properties of the 2-4-6 triple, for example, ‘even numbers ascending in twos’. They must search for evidence to test whether their hypothesis is the rule. But experimental evidence has shown that they tend to generate confirming triples that they expect to be consistent with their hypothesis rather than inconsistent falsifying triples. Counter to the two main hypothesis testing theories this paper demonstrates that falsification is possible in five 2-4-6 task experiments when participants consider an Imaginary Participant’s hypothesis. Experiment 1 and 2 show that competition with an opponent hypothesis tester facilitates falsification. Experiments 3 to 5 show that the consideration of an alternative hypothesis helps this falsification of hypotheses lead to rule discovery. The implications of the results for theories of hypothesis testing and reasoning are discussed. (shrink)

Waiting for Godot’s many commentators have emphasized the absurdity of hope in the play, but there has not been an account of how the play reprises hope’s historical transformation and weakening in modernity. This essay provides that account, arguing that Beckett’s Waiting for Godot sponsors a form of hope appropriate to the predicaments of modern societies. Godot stages the blockage of hope by reflecting the obsolescence and fragmentation of the religious and progressive legitimations for the concept that used to be (...) broadly convincing. Despite this blockage, however, Godot does not give in to nihilism. It, rather, models a form of responsible, self-aware hope appropriate to an historical situation where hope does not admit of rational justification. To develop this interpretation of the play and to defend its minimalist conception of hope, the essay draws on Theodor W. Adorno’s Negative Dialectics and aesthetics. (shrink)

In three empirical studies we examined how people reason about prior convictions in child abuse cases. We tested whether the disclosure of similar prior convictions prompts a mental representation or an additive probative value (Criminal Justice Act, 2003). Asymmetrical use of similar priors were observed in three studies. A pilot study showed that disclosure of a second prior did not contribute a weight equivalent to that of the first disclosure. Study 1 showed jurors did not see left-handed evidence (i.e. matching (...) victim bruising) as more indicative of guilt than right-handedness unless a prior conviction was present, and the presence of priors suppressed the generation of alternative possibilities indicative of innocence. Study 2 showed that disclosure did not decrease community ratings of reoffending propensity and dangerousness as much as a similar prior conviction increased them. We consider the results in the context of a new psychological theory of prior conviction bias and the consequences for the implementation of Section 100 of the Criminal Justice Act (2003). (shrink)

The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore endorse (...) treating the people punished as mere means to social ends. Retributivists typically presuppose a monolithic conception of desert: they assume that action-based desert is the only kind of desert. But there are also personhood-based desert claims, that is, desert claims which depend not on facts about our actions, but instead on the more abstract fact that we are persons. Since personhood-based desert claims do not depend on facts about our actions, they do not depend on moral responsibility, so free will skeptics can appeal to them just as well as retributivists. What people deserve based on the mere fact of their personhood is to be treated as they would rationally consent to be treated if all they had in view was the mere fact of their personhood. We can work out the implications of this view for punishment by developing a hypothetical consent justification in which we select principles of punishment in the Rawlsian original position, so long as we are careful not to smuggle in the retributivist assumption that it is under our control whether we end up as criminals or as law-abiding citizens once we raise the veil of ignorance. (shrink)

According to the mental model theory, causes and enablers differ in meaning, and therefore in their logical consequences (Goldvarg & Johnson-Laird, 2001). They are consistent with different possibilities. Recent psychological studies have argued to the contrary, and suggested that linguistic cues guide this distinction (Kuhnmünch & Beller, 2005). The issue is important because neither British nor American law recognizes this distinction (e.g., Roberts & Zuckerman, 2004). Yet, in our view, it is central to human conceptions of causality. Hence, in two (...) experiments, we examined our participants’ ability to distinguish between causes and enablers in scenarios describing the actions of two agents and a subsequent outcome, e.g.: ‘Mary threw a lighted cigarette into a bush. Just as the cigarette was going out, Laura deliberately threw petrol on it. The resulting fire burnt down her neighbor’s house.’ Here Mary enabled the fire to occur, whereas Laura caused the fire to occur. (shrink)

Intended and merely foreseen consequences: The psychology of the ‘cause or allow’ offence. A short report for the Socio-Legal Community on ESRC Grant RES-000-22-3114.

This notebook presents an introductory overview to the cognitive perspective on the psychology of human behaviour for social science students. Starting with an introduction to cognitive developmental theories of how babies reason, the overview then moves to discuss how children develop into better thinkers. Adult theories of cognition are subsequently outlined and critically evaluated. -/- A chronology of topics include: the rise of 'this thing we call cognition', Piaget's theory of cognitive development and its evaluation, problem space theory, and theories (...) of mental representation in adult thought examining, amongst other types of thinking and reasoning, deduction and induction and an evaluation of mental representation theories. (shrink)

Falsification may demarcate science from non-science as the rational way to test the truth of hypotheses. But experimental evidence from studies of reasoning shows that people often find falsification difficult. We suggest that domain expertise may facilitate falsification. We consider new experimental data about chess experts’ hypothesis testing. The results show that chess masters were readily able to falsify their plans. They generated move sequences that falsified their plans more readily than novice players, who tended to confirm their plans. The (...) finding that experts in a domain are more likely to falsify their hypotheses has important implications for the debate about human rationality. (shrink)

In this article, I explore a Wittgensteinian approach to blasphemy. While philosophy of religion tends to have very little to say about blasphemy, we can note two key, typically unchallenged, assumptions about it. First, there is the Assertion from Anywhere Assumption: whether one can successfully blaspheme is entirely independent of one’s religious views, commitments, or way of life. Second, there is the Act of Communication Assumption: blasphemy is essentially an act of assertion. I contend that a Wittgensteinian approach rejects both (...) assumptions and, thus, reorients our conception of blasphemy. Take two characteristically Wittgensteinian claims. First, religious statements/beliefs have a different ‘grammar’ than empirical propositions. Second (and relatedly), holding religious beliefs necessarily connects with how one lives. Wittgensteinian blasphemy rejects the Assertion from Anywhere Assumption: to blaspheme, one must be in or have been in the religious framework one blasphemes. Being entirely outside of that context divests one’s blasphemy from its proper content. Second, Wittgensteinian blasphemy rejects the Act of Communication Assumption: if religious belief is centrally a form of life, then blasphemy must be lived out as well. Wittgensteinian blasphemy is less about the utterances one makes and more about how one’s life intersects (or fails to intersect) with religiosity. (shrink)

Bioethicists’ views diverge public opinion on various ethical issues, particularly in healthcare. For instance, bioethicists generally oppose payment for organs and advocate for preventing death at any age, whereas the public is more supportive of organ payment and prioritizing younger patients. I offer four arguments on how best to view this divergence. (a) Bioethicists’ specialized training, objectivity, and reliance on research often lead to views that differ from those of the public, which may be less informed and more influenced by (...) biases. (b) Further, divergence between expert and public opinion is a normal and sometimes necessary aspect of bioethics. Divergence can lead to more informed and progressive ethical practices. (c) While public input is valuable, achieving meaningful engagement is difficult due to varying values, risk perceptions, and socioeconomic circumstances. Effective bioethics would balance expert knowledge with public input, aiming for policies that are both scientifically sound and democratically legitimate. (d) Maintaining public trust in bioethics does not require full alignment with public opinion. Instead, bioethicists should focus on educating the public and incorporating informed public perspectives into their analysis and recommendations. (shrink)

This summary note series outlines legal empirical approaches to the study of juries and jury decision-making behaviour for undergraduate students of sociology, criminology and legal systems, and forensic psychology. The note series is divided into two lectures. The first lecture attends to the background relevant to the historical rise of juries and socio-legal methodologies used to understand jury behaviour. The second lecture attends to questions surrounding jury competence, classic studies illustrative of juror bias, and a critical comparison of juries to (...) legal alternatives not reliant on jury deliberation for judicial process. Where appropriate the note series indicates key readings relevant to each core component of the note series, for students to develop their understanding in self-study time. (shrink)

There are two competing theoretical frameworks with which cognitive sciences examines how people reason. These frameworks are broadly categorized into logic and probability. This paper reports two applied experiments to test which framework explains better how people reason about evidence in criminal cases. Logical frameworks predict that people derive conclusions from the presented evidence to endorse an absolute value of certainty such as ‘guilty’ or ‘not guilty’ (e.g., Johnson-Laird, 1999). But probabilistic frameworks predict that people derive conclusions from the presented (...) evidence in order that they may use knowledge of prior instances to endorse a conclusion of guilt which varies in certainty (e.g., Tenenbaum, Griffiths, & Kemp, 2006). Experiment 1 showed that reasoning about evidence of prior instances, such as disclosed prior convictions, affected participants’ underlying ratings of guilt. Participants’ guilt ratings increased in certainty according to the number of disclosed prior convictions. Experiment 2 showed that participants’ reasoning about evidence of prior convictions and some forensic evidence tended to lead participants to endorse biased ‘guilty’ verdicts when rationally the evidence does not prove guilt. Both results are predicted by probabilistic frameworks. The paper considers the implications for logical and probabilistic frameworks for reasoning in the real world. (shrink)

We propose a ‘Moral Imagination’ methodology to facilitate a culture of responsible innovation for engineering and product teams in technology companies. Our approach has been operationalized over the past two years at Google, where we have conducted over 50 workshops with teams from across the organization. We argue that our approach is a crucial complement to existing formal and informal initiatives for fostering a culture of ethical awareness, deliberation, and decision-making in technology design such as company principles, ethics and privacy (...) review procedures, and compliance controls. We characterize some distinctive benefits of our methodology for the technology sector in particular. (shrink)

According to the Balancing View of Ought, we ought to perform an action if and only if performing the action is most strongly supported by the balance of our reasons. The Balancing View faces the objection from exclusionary reasons, which are second-order reasons not to act for certain other reasons. According to Joseph Raz, the existence of exclusionary reasons undermines the Balancing View: a reason might tip the balance in favour of performing an act but at the same time be (...) excluded by an undefeated second-order reason, in which case one ought not conform to the balance of reasons. I argue that the Balancing View can be defended against this objection and that the existence of exclusionary reasons is compatible with the Balancing View. (shrink)

Can people consistently attempt to falsify, that is, search for refuting evidence, when testing the truth of hypotheses? Experimental evidence indicates that people tend to search for confirming evidence. We report two novel experiments that show that people can consistently falsify when it is the only helpful strategy. Experiment 1 showed that participants readily falsified somebody else’s hypothesis. Their task was to test a hypothesis belonging to an ‘imaginary participant’ and they knew it was a low quality hypothesis. Experiment 2 (...) showed that participants were able to falsify a low quality hypothesis belonging to an imaginary participant more readily than their own low quality hypothesis. The results have important implications for theories of hypothesis testing and human rationality. (shrink)

Many of the moral and political disputes that loom large today involve claims (1) in the register of respect and offense that are (2) linked to membership in a subordinated social group and (3) occasioned by symbolic or expressive items or acts. This essay seeks to clarify the nature, stakes, and characteristic challenges of these recurring, but often disorienting, conflicts. Drawing on a body of philosophical work elaborating the moral function of etiquette, I first argue that the claims at issue (...) implicate a communicative apparatus of the same basic kind—a system that I term the “etiquette of equality.” That regime, I suggest, can serve a kindred function of facilitating the expression of morally appropriate attitudes. I also argue, however, that the etiquette of equality exhibits three problematic features that counsel ambivalence about its mounting significance: (1) the costly overdetermination of relevant signals; (2) a recursive tendency toward inflation in respect’s demands; and (3) a related set of incentives for testing, and then affirming, a group’s status through the assertion and symbolic remediation of dignitary harm. The upshot is a better understanding of the trade-offs and predicaments we face in a vital area of public life. (shrink)