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)

The Republic of Ireland is introducing major human rights-based reform to its mental health laws. This paper outlines the new legal landscape in which psychologists must operate against the backdrop of present day effects of Ireland’s dark legacy of institutionalisation. A rights-based approach aims to positively transform mental health service delivery and we advocate for person-centred treatments as the ‘new normal’. We summarise the recent advocacy work undertaken by the Psychological Society of Ireland’s Special Interest Group in Human Rights & (...) Psychology. Finally, we present an innovative best practice case promoting future rights-based delivery via the Socio-Ecological Model of Health – Kyrie Farm. Keywords: UNCRPD; Assisted Decision Making Act 2015 (ADMA) in the Rep. of Ireland; The Socio-Ecological Model of Health. (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)

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)

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)

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)

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 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)

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)

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)

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)

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)

We perceive smells as perduring complex entities within a distal array that might be conceived of as smellscapes. However, the philosophical orthodoxy of Odor Theories has been to deny that smells are perceived as having a distal location. Recent challenges have been mounted to Odor Theories’ veracity in handling the timescale of olfactory perception, how it individuates odors as a distal entities, and their claim that olfactory perception is not spatial. The paper does not aim to dispute these criticisms. Rather, (...) what will be shown is that Molecular Structure Theory, a refinement of Odor Theory, can be further developed to handle these challenges. The theory is further refined by focusing on distal perception that requires considering the perceptual object as mereologically complex persisting odor against a background scene conceived of as a smellscape. What will be offered is an expansion of Molecular Structure Theory to account for distal smell perception within natural environments. (shrink)

According to an attractive and widely held view, all practical reasons are explained in terms of the (instrumental or final) value of the action supported by the reason. I argue that this theory is incompatible with plausible assumptions about the practical reasons that correspond to certain moral rights, including the right to a promised action and the right to an exclusive use of one’s property. The argument is an explanatory rather than extensional one: while the actions supported by the relevant (...) reasons (e.g. keeping a valid promise or respecting property) can be argued to have a certain kind of value, I argue that this value presupposes a moral right, and therefore cannot explain the reason. Reflection on such cases suggest the conclusion that reasons that are subject to normative powers are generally not value-based. This also has important implications for the dialectic between ‘value-first’ and ‘reasons-first’ approaches to normativity. (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)

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)

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.

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)

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)

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)

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)

According to Milner and Goodale’s dual visual systems (DVS) theory, a division obtains between visual consciousness and motor action, in that the visual system producing conscious vision (the ventral stream) is distinct from the one guiding action (the dorsal stream). That there would be this division is often taken (by Andy Clark and others) to undermine the folk view on how consciousness and action relate. However, even if this division obtains, this leaves open the possibility that con- scious ventral information (...) is often transmitted to the uncon- scious dorsal stream and then used to guide action, a possibility seeming to preserve a significant role for consciousness in action. This article assesses this possibility. In course of doing so, we will review those arguments recently having been made against the DVS view on how visual consciousness and action relate (ones due to, e.g., Briscoe and Schwenkler, or Schenk and McIntosh). What we will find is that, if we properly analyze the data upon which these arguments are based, we are still left with the impression that the DVS view is largely correct; i.e., it is only rarely that visual experience guides action. (shrink)

Olfactory perception provides a promising test case for enactivism, since smelling involves actively sampling our surrounding environment by sniffing. Smelling deploys implicit skillful knowledge of how our movement and the airflow around us yield olfactory experiences. The hybrid nature of olfactory experience makes it an ideal test case for enactivism with its esteem for touch and theoretical roots in vision. Olfaction is like vision in facilitating the perception of distal objects, yet it requires us to breath in and physically contact (...) the sensory object in a manner similar to touch. The paper offers an analysis of the central theoretical components of enactivism, whose soundness and empirical viability are tested using the empirical literature on sniffing. It will be shown that even if sniffing is an essential component of olfaction, the motoric component is not necessary for perceiving smells, which is contrary to the most crucial tenet of enactivism. Thus, the paper concludes that the theory cannot account for olfactory perception. (shrink)

Hypocrisy is a ubiquitous feature of moral and political life, and accusations of hypocrisy a ubiquitous feature of moral and political discourse. Yet it has been curiously under-theorized in analytic philosophy. Fortunately, the last decade has seen a boomlet of articles that address hypocrisy in order to explain and justify conditions on the so-called “standing” to blame (Wallace 2010; Friedman 2013; Bell 2013; Todd 2017; Herstein 2017; Roadevin 2018; Fritz and Miller 2018). Nevertheless, much of this more recent literature does (...) not adequately address the question, “what is hypocrisy?” In this paper, I develop and defend an account of hypocrisy as vicious, value-expressing inconsistency. I show how this account solves some traditional and some novel philosophical puzzles concerning hypocrisy and affords a deeper understanding of the features of hypocrisy emphasized by other prominent accounts. (shrink)

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)

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.

Deflationary positions have been defended in many areas of philosophy. Most prominent are semantic deflationism about truth and reference, and meta-ontological deflationism, according to which existence has no deep nature and the standard neo-Quinean approach to ontology is misguided. Although both kinds of views have generated much discussion, surprisingly little attention has been paid to the question of how they relate to each other. Are they independent, is it advisable to hold them all at once, or do they even entail (...) each other? One exception is Amie Thomasson, who has argued that semantic deflationism actually entails meta-ontological deflationism. This is unexpected, since semantic deflationism is usually regarded as much less controversial than meta-ontological deflationism. In our paper, we will argue that Thomasson’s argument fails though, and that the connection between the views is in fact weaker than she makes them out to be. (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)

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)

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)

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)

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)

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)

John Broome argues that rationality cannot consist in reasons-responsiveness since rationality supervenes on the mind, while reasons-responsiveness does not supervene on the mind. I here defend this conception of rationality by way of defending the assumption that reasons-responsiveness supervenes on the mind. Given the many advantages of an analysis of rationality in terms of reasons-responsiveness, and in light of independent considerations in favour of the view that reasons-responsiveness supervenes on the mind, we should take seriously the backup view, a hypothesis (...) that explains why reasons-responsiveness supervenes on the mind even though paradigmatic reasons are external facts. I argue that Broome’s objections to the backup view, as well as his more general objection to the thesis that reasons-responsiveness supervenes on the mind, do not succeed. (shrink)

In recent years, a new generation of activists has reinvigorated debate over the public commemorative landscape. While this debate is in no way limited to statues, it frequently crystallizes around public representations of historical figures who expressed support for the oppression of certain groups or contributed to their past or present oppression. In this paper, I consider what should be done about such representations. A number of philosophers have articulated arguments for modifying or removing public monuments. Joanna Burch-Brown (2017) grounds (...) her argument for removal in what I call the “honorific” function of such representations—the ways in which they express and tend to cultivate admiration for their subjects. In the first two sections of the paper, I develop a novel argument for modifying these representations based on this insight. I argue that leaving such representations unmodified in the public space tends to undermine the dignity of members of oppressed groups as well as their assurance that society and government are committed to their rights and constitutional entitlements. In the paper’s third section, I develop a “balancing test” for determining whether the relevant moral and pragmatic considerations favor making a particular representation inaccessible to the public, or recontextualizing it for public consumption. Unlike some of the existing philosophical treatments of honorific representations that focus on particular monuments, this balancing test is designed for general application to any honorific representation that satisfies the presumptive case for modification. To conclude, I offer some reasons why weak forms of recontextualization that do not involve altering institutional context may often be an insufficient remedy for the problems I describe. (shrink)

Suppositions can be introduced in either the indicative or subjunctive mood. The introduction of either type of supposition initiates judgments that may be either qualitative, binary judgments about whether a given proposition is acceptable or quantitative, numerical ones about how acceptable it is. As such, accounts of qualitative/quantitative judgment under indicative/subjunctive supposition have been developed in the literature. We explore these four different types of theories by systematically explicating the relationships canonical representatives of each. Our representative qualitative accounts of indicative (...) and subjunctive supposition are based on the belief change operations provided by AGM revision and KM update respectively; our representative quantitative ones are offered by conditionalization and imaging. This choice is motivated by the familiar approach of understanding supposition as `provisional belief revision' wherein one temporarily treats the supposition as true and forms judgments by making appropriate changes to their other opinions. To compare the numerical judgments recommended by the quantitative theories with the binary ones recommended by the qualitative accounts, we rely on a suitably adapted version of the Lockean thesis. Ultimately, we establish a number of new results that we interpret as vindicating the often-repeated claim that conditionalization is a probabilistic version of revision, while imaging is a probabilistic version of update. (shrink)

Mind &Language, Volume 35, Issue 1, Page 90-114, February 2020.

Which principles govern the transmission of reasons from ends to means? Some philosophers have suggested a liberal transmission principle, according to which agents have an instrumental reason for an action whenever this action is a means for them to do what they have non-instrumental reason to do. In this paper, we (i) discuss the merits and demerits of the liberal transmission principle, (ii) argue that there are good reasons to reject it, and (iii) present an alternative, less liberal transmission principle, (...) which allows us to accommodate those phenomena that seem to support the liberal transmission principle while avoiding its problems. (shrink)

Kyle Fritz and Daniel Miller’s reply to my article helpfully clarifies their position and our main points of disagreement. Their view is that those who blame hypocritically lack the right to blame for a violation of some moral norm N in virtue of having an unfair disposition to blame others, but not themselves, for violations of N. This view raises two key questions. First, are there instances of hypocritical blame that do not involve an unfair differential blaming disposition? Second, if (...) the answer to the first question is Yes, do hypocritical blamers of this kind lack the right to blame? In this paper, I argue that the answer to the first question is Yes. Given this, Fritz and Miller’s account faces serious problems regardless of whether the answer to the second question is Yes or No. (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)

Actualists hold that contrary-to-duty scenarios give rise to deontic dilemmas and provide counterexamples to the transmission principle, according to which we ought to take the necessary means to actions we ought to perform. In an earlier article, I have argued, contrary to actualism, that the notion of ‘ought’ that figures in conclusions of practical deliberation does not allow for deontic dilemmas and validates the transmission principle. Here I defend these claims, together with my possibilist account of contrary-to-duty scenarios, against Stephen (...) White’s recent criticism. (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)

Each day people are presented with circumstances that may require speculation. Scientists may ponder questions such as why a star is born or how rainbows are made, psychologists may ask social questions such as why people are prejudiced, and military strategists may imagine what the consequences of their actions might be. Speculations may lead to the generation of putative explanations called hypotheses. But it is by checking if hypotheses accurately reflect the encountered facts that lead to sensible behaviour demonstrating a (...) true understanding. If evidence shows a hypothesis to be false, then people should rationally abandon it, especially if there are negative consequences. The aim of this thesis is to examine how effectively people search for evidence in their hypothesis testing to test whether or not their hypotheses are true or false in competitive games. -/- Research findings from six studies of hypothesis testing behaviour in competitive deductive tasks are explored. Chapter by chapter the thesis tests how everyday people, and master chess players, tackle hypothesis testing in mathematical tasks, such as how to solve sequential number sequence puzzles when thinking about an opponent, or how to solve chess problems in a variety of contexts. The implications of the results are discussed in light of aspects of general cognition: such as reasoning, social hypothesis testing and planning. (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)

This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I argue that (...) motives of honor, as Kant conceives it, require a rational person to will her own execution, were she to commit murder. (shrink)

Compatibilists disagree over whether there are historical conditions on moral responsibility. Historicists claim there are, whilst structuralists deny this. Historicists motivate their position by claiming to avoid the counter-intuitive implications of structuralism. I do two things in this paper. First, I argue that historicism has just as counter-intuitive implications as structuralism when faced with thought experiments inspired by those found in the personal identity literature. Hence, historicism is not automatically preferable to structuralism. Second, I argue that structuralism is much more (...) plausible once we accept that personal identity is irrelevant to moral responsibility. This paves the way for a new structuralist account that makes clear what it takes to be the diachronic ownership condition (which is normally taken to be personal identity) and the locus of moral responsibility (which is normally taken to be ‘whole’ person), and helps to alleviate the intuitive unease many have with respect to structuralism. (shrink)

We use a theorem from M. J. Schervish to explore the relationship between accuracy and practical success. If an agent is pragmatically rational, she will quantify the expected loss of her credence with a strictly proper scoring rule. Which scoring rule is right for her will depend on the sorts of decisions she expects to face. We relate this pragmatic conception of inaccuracy to the purely epistemic one popular among epistemic utility theorists.

There is consensus within the chemosciences that olfactory perception is of the molecular structure of chemical compounds, yet within philosophical theories of smell there is little agreement about the nature of smell. The paper critically assesses the current state of debate regarding smells within philosophy in the hopes of setting it upon firm scientific footing. The theories to be covered are: Naïve Realism, Hedonic Theories, Process Theory, Odor Theories, and non-Objectivist Theories. The aforementioned theories will be evaluated based on their (...) explanations of the (a) the olfactory quality of a smell, (b) smells as distal entities, and (c) our experience of smells as intentional objects. The paper concludes with a defense of Molecular Structure Theory that demonstrating its superiority in accounting for each of these three aspects of smell. (shrink)