The standard of proof in criminal trials in many liberal democracies is proof beyond a reasonable doubt, the BARD standard. It is customary to describe it, when putting a number on it, as requiring that the fact finder be at least 90% certain, after considering the evidence, that the defendant is guilty. Strikingly, no good reason has yet been offered in defense of using that standard. A number of non-consequentialist justifications that aim to support an even higher (...) standard have been offered; all are morally unsound. Meanwhile, consequentialist arguments plausibly support a substantially lower standard — in some cases so low as to undermine the idea that punishment is what is at stake. In this paper, I offer a new retributive justification that supports excluding the instrumental benefits of punishment from the balance that sets the standard. The resulting balance supports a standard arguably in the ballpark of the customary understanding of BARD: a standard requiring that the fact finder have a high, though not maximally high, degree of confidence that the defendant is guilty. (shrink)

I comment on two analyses of the Simonshaven case: one by Prakken (2019), based on arguments, and the other by van Koppen and Mackor (2019), based on scenarios (or stories, narratives). I argue that both analyses lack a clear account of proof beyond a reasonable doubt because they lack a clear account of the notion of plausibility. To illustrate this point, I focus on the defense argument during the appeal trial and show that both analyses face difficulties (...) in modeling key features of this argument. (shrink)

In this essay I analyze a passage from Ludwig Wittgenstein’s On Certainty. This excerpt contains the expression “O, rubbish!” (Ach Unsinn), which I consider to be closely related to the notions of “bullshit” developed by Harry Frankfurt and Gerald A. Cohen. The relevance of this essay is illustrated with lively examples, both related to contemporary society and identified by Wittgenstein about 70 years ago. The paper is organized in six sections containing 1) an introduction to the topic, 2) an explanation (...) of “bullshit” as found in the works of Frankfurt and Cohen, 3) an explanation of Wittgenstein’s work on certainty and propositions beyond doubt, 4) an identification of reasonable and unreasonable doubt and their connection to “bullshit”, 5) an explanation of the different kinds of “bullshit” with the intention of mapping them in relation to each other, and 6) a summarizing conclusion. The main purpose of this paper is to expound on Wittgenstein’s views on “bullshit” and relate them to contemporary philosophy of nonsense. (shrink)

Sentencing outcomes turn on moral and evaluative determinations. For example, a finding of “irreparable corruption” is generally a precondition for juvenile life without parole. A finding that the “aggravating factors outweigh the mitigating factors” determines whether a defendant receives the death penalty. Should such moral determinations that expose defendants to extraordinary penalties be subject to a standard of proof? A broad range of federal and state courts have purported to decide this issue “in the abstract and without reference to our (...) sentencing case law,” as the Supreme Court recently put it. Kansas v. Carr, 577 U.S. 108, 119 (2016). According to these courts, “it would mean nothing” to ask whether the defendant “deserves mercy beyond a reasonable doubt” or “more-likely-than-not deserves it” because moral questions are not “factual.” Instead, moral determinations are highly subjective “value calls” to which concepts of doubt and certainty do not intelligibly apply. -/- Implicit in these rulings is a controversial view of the nature of moral judgment. This Article traces the contours of the view and argues that it is out of step with the way the broader public thinks about morality and fails to address the issues defendants have raised. Courts should avoid wading into such controversial waters for two reasons. First, the judiciary has historically maintained neutrality on issues of significant public concern. Second, even if moral determinations are not factual, applying a standard of proof to at least some moral decisions at sentencing would change the outcome of the sentencer’s deliberations, and improve the legitimacy of the legal system. For the reasonableness of doubt depends on context; and moral questions—"are you certain the defendant deserves death?”—make salient the stakes relative to which a person should decide what to believe about ordinary empirical matters. On the resulting view, reasonable doubt in the final moral analysis is not just intelligible, but essential for correcting a bias in the structure of the bifurcated criminal trial that systematically disadvantages defendants: the tendency for de-contextualized "factual findings” in the guilt phase to control outcomes at sentencing. (shrink)

According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that a (...) person knows a proposition when their evidence rules out all relevant error possibilities. I adapt this framework to model three legal standards of proof—the preponderance of evidence, clear and convincing evidence, and beyond reasonable doubt standards. I describe virtues of this framework. I argue that, by eschewing numerical thresholds, the relevant alternatives framework avoids problems inherent to rival models. I conclude by articulating aspects of legal normativity and practice illuminated by the relevant alternatives framework. (shrink)

Can one’s belief that one romantically loves another be false? If so, under what conditions may one come to reasonably doubt, or at least suspend belief, that one does so? To begin to answer these questions, I first outline an affective/volitional view of love similar to psychologist R. J. Sternberg’s “triangular theory”, which analyzes types of love in terms of the degrees to which they include states of passion, emotion, and commitment. I then outline two sources of potential bias (...) that may cause one to believe that one romantically loves another when one does not. Partly on the basis of those potential sources of bias and partly on the basis of more specific issues, I then argue that at least to the extent that one is aware of these issues, one may reasonably doubt that one is experiencing romantic love’s emotional feelings, and one may reasonably doubt that one is making romantic love’s commitments. Finally, I order by relative dubitability the propositions that must be true about one’s passions, emotions, and commitments toward another in order for one to romantically love them. (shrink)

This paper develops a notion of manipulative gaslighting, which is designed to capture something not captured by epistemic gaslighting, namely the intent to undermine women by denying their testimony about harms done to them by men. Manipulative gaslighting, I propose, consists in getting someone to doubt her testimony by challenging its credibility using two tactics: “sidestepping” and “displacing”. I explain how manipulative gaslighting is distinct from reasonable disagreement, with which it is sometimes confused. I also argue for three (...) further claims: that manipulative gaslighting is a method of enacting misogyny, that it is often a collective phenomenon, and, as collective, qualifies as a mode of psychological oppression. (shrink)

The sublime is an aspect of experience that has attracted a great deal of scholarship, not only for scholarly reasons but because it connotes aspects of experience not exhausted by what Descartes once called clear distinct perception. That is, the sublime is an experience of the world which involves us in orientating ourselves within it, and this orientation, our human orientation, elevates us in comparison to the non-human world according to traditional accounts of the sublime. The sublime tells us something (...) about our relation to the world rather than anything about the world per se. Nonetheless there is an objective sense of the sublime in that the narratives involved are culturally endorsed rather than invented by an individual. This means that objects can be judged worthy or not of evoking experiences of the sublime. In other words, it is not an idiosyncratic matter. Immanuel Kant’s formulation of this involved explaining how such an experience is possible in terms of his system of the mind. Jane Forsey notes that Kant takes the features of the sublime as given and extrapolates from them certain features of the mind as if any concept of the sublime must implicate the mental architecture of his account (2007). Further to this she argues that in fact the concept of the sublime does implicate a particular system of the mind but neither Kant nor anyone else can successfully formulate it because the concept itself frames certain contradictions. According to Forsey, two consequences follow. First she argues that Kant’s system of the mind does not support the features of the sublime; and secondly that no system could as the very concept is incoherent. If Forsey can show that Kant was mistaken in presenting his account as coherent given his commitments, this would be of interest in its own right. However, her stronger claim is that we cannot separate any concept of the sublime out from Kant’s theoretical underpinnings. That the way the features of the mind are meant to operate in experiences of the sublime are contradictory simply points to the fatal flaws in the whole concept. Her conclusion is that there is no coherent account of the sublime available to us. I will argue that Forsey bases her reasoning on the assumption that a foundational empiricist or direct perception holds; and she interprets Kant’s notions of imagination, understanding and reason as though they are grounded in just such an account of perception. This is revealed in her interpretation of Kant’s phrase “beyond cognition”. Once this foundationalism is replaced with an account of perception more aligned with current research on perception, both philosophical and empirical, then an account of the sublime is available. Further to this however, I argue that what constitutes the narrative of the sublime is historically contingent. Before setting out my arguments, I consider Forsey’s argument in more detail. (shrink)

This article discusses various dangers that accompany the supposedly benign methods in behavioral evoltutionary biology and evolutionary psychology that fall under the framework of "methodological adaptationism." A "Logic of Research Questions" is proposed that aids in clarifying the reasoning problems that arise due to the framework under critique. The live, and widely practiced, " evolutionary factors" framework is offered as the key comparison and alternative. The article goes beyond the traditional critique of Stephen Jay Gould and Richard C. Lewontin, (...) to present problems such as the disappearance of evidence, the mishandling of the null hypothesis, and failures in scientific reasoning, exemplified by a case from human behavioral ecology. In conclusion the paper shows that "methodological adaptationism" does not deserve its benign reputation. (shrink)

Background: There is no doubt that strawberry diseases are one of the most important reasons that led to the destruction of strawberry plants and their crops. This leads to obvious damage to these plants and they become inedible. Discovering these diseases after a good step for proper and correct treatment. Determining the treatment with high accuracy depends on the method used in the diagnosis. Correctly, expert systems can greatly help in avoiding damage to these plants. The expert system correctly (...) diagnoses strawberry disease to make it easier for farmers to find the right treatment based on the appropriate diagnosis. Objectives: The main goal of this expert system is to get the appropriate diagnosis of disease and the correct treatment. Methods: In this paper the design of the proposed Expert System which was produced to help Farmers and students interested in agriculture strawberry in diagnosing many of the strawberry diseases such as: Leaf Spots, Grey Mold, Red Stele/Red Core, Wilt, Powdery Mildew, Alternaria Spot, Black Root Rot, Anthracnose (black spot), and Angular Leaf Spot. The proposed expert system presents an overview about strawberry diseases are given, the cause of diseases are outlined and the treatment of disease whenever possible is given out. CLIPS language was used for designing and implementing the proposed expert system. Results: The proposed strawberry diseases diagnosis expert system was evaluated by Farmers and they were satisfied with its performance. Conclusions: The Proposed expert system is very useful for Farmers with strawberry problem and students interested in agriculture strawberry. (shrink)

[This paper will be presented at the APA Eastern Division Conference in New York City, January 2024] -/- Can one reasonably doubt that one is voluntarily making a commitment, even when one is doing so? Given that one voluntarily makes a commitment if and only if one (personally) knows that one is doing so, the answer appears to be “No.” After all, knowing implies justifiably believing, and it seems impossible that one could (synchronically and from a single personal perspective) (...) reasonably doubt what one justifiably believes. Indeed, assuming that one reasonably doubts that P only if one has sufficient evidence to believe that not-P, traditional epistemologists may hold that such “epistemic ambivalence” entails one’s believing a contradiction, while some Bayesians should hold that it entails violating “probabilism” (the norm that credences must conform to the axioms of probability). However, I argue that in at least some cases of romantic commitment-making, such ambivalence may not only be epistemically permissible, but even required, and perhaps best dealt with pragmatically. (shrink)

Vision constitutes an interesting domain, or range of domains, for debate over the extended mind thesis, the idea that minds physically extend beyond the boundaries of the body. In part this is because vision and visual experience more particularly are sometimes presented as a kind of line in the sand for what we might call externalist creep about the mind: once all reasonable concessions have been made to externalists about the mind, visual experience marks a line beyond (...) which lies a safe haven for individualists. Here I want to put a little more pressure on such a view of visual experience, as well as to offer a more constructive, positive argument in defense of the idea of extended vision. (shrink)

Scientific literacy is built on critical thinking. The postbaccalaureate workforce enhances our economies and societies by contributing a wealth of knowledge and skill sets to local communities, respective industries, and beyond as our world becomes increasingly interconnected. Education in scientific literacy should teach students how to learn about science and how to cultivate and communicate a positive attitude about science. Learners in a 200-level nonmajors biotechnology course engaged with a series of ethical dilemmas after mastering the basic elements of (...) argument structure and advanced tools in argument evaluation. To introduce collaboration as a constructive process in undergraduate education, student interactions with peers require guidance, flexibility, and compassion to learn from each other. Students gain critical thinking mastery from two modules addressing how we argue and evaluate claims. Students apply these critical thinking skills to various ethical arguments involving responsible conduct of research training. Using our structured and interdisciplinary approach, new scholars learn through practice how to read, analyze, and evaluate research scenarios and respond to potential ethical situations. This strategy allows students to develop important scholarly skills, including a systematic approach to evaluating credibility and applying generosity to theirs and others' understanding of their circumstances. (shrink)

It could be argued that tort law is failing, and arguably an example of this failure is the recent public liability and insurance (‘PL&I’) crisis. A number of solutions have been proposed, but ultimately the chosen solution should address whatever we take to be the cause of this failure. On one account, the PL&I crisis is a result of an unwarranted expansion of the scope of tort law. Proponents of this position sometimes argue that the duty of care owed by (...) defendants to plaintiffs has expanded beyond reasonable levels, such that parties who were not really responsible for another’s misfortune are successfully sued, while those who really were to blame get away without taking any responsibility. However people should take responsibility for their actions, and the only likely consequence of allowing them to shirk it is that they and others will be less likely to exercise due care in the future, since the deterrents of liability and of no compensation for accidentally self-imposed losses will not be there. Others also argue that this expansion is not warranted because it is inappropriately fueled by ‘deep pocket’ considerations rather than by considerations of fault. They argue that the presence of liability insurance sways the judiciary to award damages against defendants since they know that insurers, and not the defendant personally, will pay for it in the end anyway. But although it may seem that no real person has to bear these burdens when they are imposed onto insurers, in reality all of society bears them collectively when insurers are forced to hike their premiums to cover these increasing damages payments. In any case, it seems unfair to force insurers to cover these costs simply because they can afford to do so. If such an expansion is indeed the cause of the PL&I crisis, then a contraction of the scope of tort liability, and a pious return to the fault principle, might remedy the situation. However it could also be argued that inadequate deterrence is the cause of this crisis. On this account the problem would lie not with the tort system’s continued unwarranted expansion, but in the fact that defendants really have been too careless. If prospective injurers were appropriately deterred from engaging in unnecessarily risky activities, then fewer accidents would ever occur in the first place, and this would reduce the need for litigation at its very source. If we take this to be the cause of tort law’s failure then our solution should aim to improve deterrence. Glen Robinson has argued that improved deterrence could be achieved if plaintiffs were allowed to sue defendants for wrongful exposure to ongoing risks of future harm, even in the absence of currently materialized losses. He argues that at least in toxic injury type cases the tortious creation of risk [should be seen as] an appropriate basis of liability, with damages being assessed according to the value of the risk, as an alternative to forcing risk victims to abide the outcome of the event and seek damages only if and when harm materializes. In a sense, Robinson wishes to treat newly-acquired wrongful risks as de-facto wrongful losses, and these are what would be compensated in liability for risk creation (‘LFRC’) cases. Robinson argues that if the extent of damages were fixed to the extent of risk exposure, all detected unreasonable risk creators would be forced to bear the costs of their activities, rather than only those who could be found responsible for another’s injuries ‘on the balance of probabilities’. The incidence of accidents should decrease as a result of improved deterrence, reduce the ‘suing fest’, and so resolve the PL&I crisis. So whilst the first solution involves contracting the scope of tort liability, Robinson’s solution involves an expansion of its scope. However Robinson acknowledges that LFRC seems prima facie incompatible with current tort principles which in the least require the presence of plaintiff losses, defendant fault, and causation to be established before making defendants liable for plaintiffs’ compensation. Since losses would be absent in LFRC cases by definition, the first evidentiary requirement would always be frustrated, and in its absence proof of defendant fault and causation would also seem scant. If such an expansion of tort liability were not supported by current tort principles then it would be no better than proposals to switch accident law across to no-fault, since both solutions would require comprehensive legal reform. However Robinson argues that the above three evidentiary requirements could be met in LFRC cases to the same extent that they are met in other currently accepted cases, and hence that his solution would therefore be preferable to no-fault solutions as it would only require incremental but not comprehensive legal reform. Although I believe that actual losses should be present before allowing plaintiffs to seek compensation, I will not present a positive argument for this conclusion. My aim in this paper is not to debate the relative merits of Robinson’s solution as compared to no-fault solutions, nor to determine which account of the cause of the PL&I crisis is closer to the truth, but rather to find out whether Robinson’s solution would indeed require less radical legal reform than, for example, proposed no-fault solutions. I will argue that Robinson fails to show that current tort principles would support his proposed solution, and hence that his solution is at best on an even footing with no-fault solutions since both would require comprehensive legal reform. (shrink)

How does doubt come about? What are the mechanisms responsible for our inclinations to reassess propositions and collect further evidence to support or reject them? In this paper, I approach this question by focusing on what might be considered a distorting mirror of unreasonable doubt, namely the pathological doubt of patients with obsessive–compulsive disorder (OCD). Individuals with OCD exhibit a form of persistent doubting, indecisiveness, and over-cautiousness at pathological levels (Rasmussen and Eisen in Psychiatr Clin 15(4):743–758, 1992; (...) Reed in Obsessional experience and compulsive behaviour: a cognitive-structural approach, Academic Press, Cambridge, 1985; Tolin et al. in Cogn Ther Res 27(6):657–669, 2003). I argue that the failure in OCD is of an affective nature, involving both excessive epistemic anxiety and hyperactive feelings of uncertainty. I further argue that our adaptive disposition to inquire about the right matters—that is, about propositions which are both epistemically risky and imply harmful possibilities—might depend on these affective mechanisms. (shrink)

The use of evidence to resolve uncertainties is key to many endeavours, most conspicuously science and law. Despite this, the logic of uncertainty is seldom taught explicitly, and often seems misunderstood. Traditional educational practice even fails to encourage students to identify uncertainty when they express knowledge, though mark schemes that reward the identification of reliable and uncertain responses have long been shown to encourage more insightful understanding. In our information-rich society the ability to identify uncertainty is often more important than (...) the possession of knowledge itself. In both science and law there are fundamentally different kinds of uncertainty at issue. There is uncertainty whether a particular hypothesis is correct, and there is uncertainty about observable data that may be generated if a particular hypothesis is correct. Both are expressed in terms of probabilities. Each has its own domain of application and its own logic, but the inter-relationship is complex and sometimes misunderstood. Hypothesis probabilities are always open to error through possible failure to take account of realistic alternatives, while the proper inferences that can be drawn from data probabilities (often in the context of significance testing) are quite limited and easily over-interpreted. When considering these two kinds of probability in a court of law it is possible to interpret the phrase 'reasonable doubt' in different ways. It can be seen as addressing data uncertainty: whether such incriminating evidence might with reasonable probability arise to confront an innocent person. Or (the more conventional view) it can be seen as some sort of threshold level on the probability that the defendant is guilty (a hypothesis probability). Each typically involves elements of subjective judgement, but fewer issues and uncertainties arise when considering the data probability and it is argued that this is often the more critical and proper issue for a jury to address. This has particular repercussions for cases involving identification of a suspect through trawl of a DNA or other database. (shrink)

The view that it is better for life to be created free of disability is pervasive in both common sense and philosophy. We cast doubt on this view by focusing on an influential line of thinking that manifests it. That thinking begins with a widely-discussed principle, Procreative Beneficence, and draws conclusions about parental choice and disability. After reconstructing two versions of this argument, we critique the first by exploring the relationship between different understandings of well-being and disability, and the (...) second by more briefly focusing on the idea of a significant reason. By placing these results against the broader historical and ongoing contexts in which the lives of those with disabilities have been deemed of inferior quality, we conclude with a call for greater humility about disability and well-being in thought and practice. (shrink)

Under the independence and competence assumptions of Condorcet’s classical jury model, the probability of a correct majority decision converges to certainty as the jury size increases, a seemingly unrealistic result. Using Bayesian networks, we argue that the model’s independence assumption requires that the state of the world (guilty or not guilty) is the latest common cause of all jurors’ votes. But often – arguably in all courtroom cases and in many expert panels – the latest such common cause is a (...) shared ‘body of evidence’ observed by the jurors. In the corresponding Bayesian network, the votes are direct descendants not of the state of the world, but of the body of evidence, which in turn is a direct descendant of the state of the world. We develop a model of jury decisions based on this Bayesian network. Our model permits the possibility of misleading evidence, even for a maximally competent observer, which cannot easily be accommodated in the classical model. We prove that (i) the probability of a correct majority verdict converges to the probability that the body of evidence is not misleading, a value typically below 1; (ii) depending on the required threshold of ‘no reasonable doubt’, it may be impossible, even in an arbitrarily large jury, to establish guilt of a defendant ‘beyond any reasonable doubt’. (shrink)

There is no doubt that tomato diseases are one of the important reasons that destroy the tomato plant and its crops. This leads to clear damage to these plants and they become inedible. Discovering these diseases after a good step for proper and correct treatment. Determining the treatment with high accuracy depends on the method used in the diagnosis. Correctly, expert systems can greatly help to avoid damage to these plants. The expert system diagnoses tomato disease correctly to facilitate (...) farmers to find the correct treatment based on the appropriate diagnosis. Objectives: An expert system has been established based on CLIPS to diagnose tomato plant disease. (shrink)

Beyond reasonable doubt, the influence of Western culture and civilizations has enervated traditional African family systems, and their functions as providers of social welfare. Hitherto, traditional African family and clan by extension served as the plausible medium by which Africans proffered solutions to those social, economic and other existential problems found within their communities. However, measuring and evaluating the successes of the various social welfare programs organized by the family and clan was a difficult task to achieve. (...) It seems the services rendered merely controlled the social problems but did not improve the standard of living of the victims. This paper seeks to critically analyse the traditional African family system and its role as a provider of social welfare and argues that it can complement the Western models towards holistic social integration. Thus this work adopts the theory of change as a tool for understanding how Western models of social welfare should be integrated with traditional African approaches to care for the ‘weak’ in the society. Advocating for a paradigm shift from the modern models of providing social welfare to the traditional African family and clan model is consequent upon the claim that the latter is more embracing in approach. (shrink)

In the first part of the paper, Gaus’ ground for the ideal of persons as free and equal is described. Doubts are raised about the appropriateness of the use of his account of this ideal as endogenous to our moral practice. Th e worries are related to the use of the concept of having a reason that Gaus makes in his book, as well as to the aptness of his account of our moral practice from the viewpoint of our moral (...) phenomenology. Some doubts are raised in relation to the pertinence of Gaus’ concept of having a reason from the perspective of the motivation of the public reason project. In the second part of the paper, a summary is off ered of Gaus’ model of public justification and some of its consequences are discussed. Th e primary intention here is to show that, contrary to Gaus’ view, egalitarian liberalism, and not classical liberalism, is the most appropriate result of such a model of justification. (shrink)

In seeking to clarify the concept of conflict of interest (COI) in debates about physician–industry relationships, Howard Brody (2011) highlights the extent to which the prob- lem turns on a common pejorative understanding of COI. Whether it is the academic or public policy “pharmapologists” or “pharmascolds” talking about COI, there is often a straightforward and overly simplistic correlation made: that is, a conflict of interest—by definition—leads to fraudulent or corrupt behavior. The same type of reasoning is com- monly found in (...) discussions about COI outside the health sciences, most notably in news stories about the awarding of government contracts or the behaviour of corporate executives. The problem is that in focusing on dramatic failures to manage COI (e.g., around Vioxx), there is a tendency to strongly associate COI with extreme forms of financial and even criminal misconduct, leaving the public, policymakers, academics, and professionals with a skewed and limited understanding of the concept. (shrink)

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

Dual-role approaches to reasons say, roughly, that reasons can relate to actions in two fundamentally different ways: they can either require conformity, or justify an action without requiring that it be taken. This paper develops a formal dual-role approach, combining ideas from defeasible logic and practical philosophy. It then uses the approach to shed light on the phenomenon of supererogation and resolve a well-known puzzle about supererogation, namely, Horton’s All or Nothing Problem.

To hold developers responsible, it is important to establish the concept of AI ownership. In this paper we review different obstacles to ownership claims over advanced intelligent systems, including unexplainability, unpredictability, uncontrollability, self-modification, AI-rights, ease of theft when it comes to AI models and code obfuscation. We conclude that it is difficult if not impossible to establish ownership claims over AI models beyond a reasonable doubt.

Over almost a half-century, evidence law scholars and philosophers have contended with what have come to be called the “Proof Paradoxes.” In brief, the following sort of paradox arises: Factfinders in criminal and civil trials are charged with reaching a verdict if the evidence presented meets a particular standard of proof—beyond a reasonable doubt, in criminal cases, and preponderance of the evidence, in civil trials. It seems that purely statistical evidence can suffice for just such a level (...) of certainty in a variety of cases where our intuition is that it would nonetheless be wrong to convict the defendant, or find in favor of the plaintiff, on merely statistical evidence. So, we either have to convict with statistical evidence, in spite of an intuition that this is unsettling, or else explain what (dispositive) deficiency statistical evidence has. -/- Most scholars have tried to justify the resistance to relying on merely statistical evidence: by relying on epistemic deficiencies in this kind of evidence; by relying on court practice; and also by reference to the psychological literature. In fact, I argue, the epistemic deficiencies philosophers and legal scholars allege are suspect. And, I argue, while scholars often discuss unfairness to civil defendants, they ignore a long history of relying on statistical evidence in a variety of civil matters, including employment discrimination, toxic torts, and market share liability cases. Were the dominant arguments in the literature to prevail, it would extremely difficult for plaintiffs to recover in a variety of cases. -/- The various considerations I advance lead to the conclusion that when it comes to naked statistical evidence, philosophers and legal scholars who argue for its insufficiency have been caught with their pants down. (shrink)

In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- (...) A family of influential cases suggests standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

Kant’s doctrine of the Fact of Reason is one of the most perplexing aspects of his moral philosophy. The aim of this paper is to defend Kant’s doctrine from the common charge of dogmatism. My defense turns on a previously unexplored analogy to the notion of ‘matters of fact’ popularized by members of the Royal Society in the seventeenth century. In their work, ‘facts’ were beyond doubt, often referring to experimental effects one could witness first hand. While Kant (...) uses the German equivalent in different contexts, I argue that the scientific analogy opens up a new framework for interpreting his strategy of justification in the Critique of Practical Reason. In the final section, I address a few possible objections to my reading, one of which I anticipate coming from Dieter Henrich and Ian Proops, who have argued that Kant’s Fact of Reason is best understood under a legal analogy. (shrink)

First, I argue that the contestability of the term “terrorism” is insufficient to justify the targeting of those who are innocent noncombatants beyond reasonable doubt; second, that states could be as vicious, if not even more so, than nonstate actors could be in perpetrating acts that might be described as terrorism, and, third, that an adequate definition of international terrorism must focus on the actual victims of such despicable acts.

Can a reason to believe testimony derive from the addressee’s trust itself or only from reliability in the speaker that the trust perhaps causes? I aim to cast suspicion on the former view, defended by Faulkner, in favor of the latter – despite agreeing with Faulkner’s emphasis on the second-personal normativity of testimonial assurance. Beyond my narrow disagreement with Faulkner lie two broader issues. I argue that Faulkner misappropriates Bernard Williams’s genealogy of testimony when he makes use of Williams’s (...) genealogical argument in his own preferred assurance view of testimony. Though Williams doesn’t clearly articulate it, there is a deep reason why Williams’s genealogy cannot underwrite an argument for trust-based testimonial reasons. Can a genealogical argument underwrite any version of the assurance view? I sketch an assurance view of testimonial reasons that rejects Faulkner’s thesis that such reasons could be grounded in trust. Then I examine what it would take for that assurance view to receive genealogical vindication. (shrink)

For the past half-century, both jurisprudence and epistemology have been haunted by questions about why individual evidence (i.e., evidence which picks out a specific individual) can sufficiently justify a guilty or liable verdict while bare statistical evidence (i.e., statistical evidence which does not pick out a specific individual) does not sufficiently justify such a verdict. This thesis examines three popular justifications for such a disparity in verdicts – Judith Jarvis Thomson’s causal account, Enoch et al.’s sensitivity account, and Sarah Moss’ (...) knowledge-first account, before critiquing each in turn. After such an analysis, the thesis then defends the claim that legal verdicts require the factfinder (e.g., the judge or jury) to have a justified de re belief (i.e., a belief about a specific object – namely the defendant), and that this doxastic requirement justifies the disparity in rulings, as it is epistemically insufficient to justify a de re belief based on bare statistical evidence alone. A brief account of how these beliefs are formed and spread is also given. After making such a distinction, the thesis then formalizes the burdens of proof of the preponderance of the evidence and beyond a reasonable doubt using the de re/de dicto distinction. Finally, the thesis pre-empts possible objections, namely by providing an account of DNA evidence as individual evidence and giving an account of how false convictions can occur on the de re view of legal proof. (shrink)

Preface/Introduction: The question under discussion is metaphysical and truly elemental. It emerges in two aspects — how did we come to be conscious of our own existence, and, as a deeper corollary, do existence and awareness necessitate each other? I am bold enough to explore these questions and I invite you to come along; I make no claim to have discovered absolute answers. However, I do believe I have created here a compelling interpretation. You’ll have to judge for yourself. -/- (...) What follows is the presentation of three essays I have worked on over the past several years seeing publication for the first time. “Hollows of Experience” was written first as an invited chapter for a collection on the ontology of consciousness. However, when cuts became necessary, my chapter got the knife. Its length has prohibited it from publication in any print journal. “Myth and Mind” was written next as a journal article, but as my involvement with it grew so did its length, so it has also idled on my websty awaiting its call. “From Panexperientialism to Conscious Experience” was written most recently, but it is the only one to have been available to the public elsewhere than my own website. Under the name, “The Continuum of Experience”, it was Target Article #95 on the recently closed Karl Jaspers Forum (for discussion purposes only). -/- I have put them in a different sequence here, for reasons of logical sense. Up first, “Panexperientialism” deals with an idea difficult for many to accept, namely that conscious experience is a particular mode of symbolically reflected experience that is largely unique to our species. However, I aver that experienced sensation in itself (as found, for example, in autonomic sensory response systems) goes “all the way down” into nature, and thus the title, panexperientialism. -/- Understanding this idea is helpful to dealing with the focus on language in Part I of “Hollows”, next, since here speech and general symbolic interaction in general are found to be the catalysts for the creation of our consciously experienced world (our “lived reality”). In Part II, however, I explore how experienced sensations must be coeval with existence, and, with even greater temerity, how all this sensational existence might have arisen within some literally inconceivable background of awareness-in-itself that yet has a dynamism that occasionally breaks into existence as experiential events and entities. (The latter may sound wacky, but physicists and cosmologists are themselves attempting to come to terms with that which seethes with vast potential energy in what they refer to as the quantum vacuum.) -/- “Myth and Mind” was put third since it deals with a major lacuna in “Hollows” — that presumed prehistoric period when members of our species made the painful crossing of the symbolic threshold into the beginnings of cultural consciousness. Speech plays a central role here, too, but I look more at narrative structures from the dawn of self-awareness when ritual and myth became vital to human survival. Why would fantastic stories and bizarre rituals be necessary? I speculate that growing foresight led to the unavoidable realization of certain mortality, from which, in turn, emerged the secondary realization that we were now alive. In contrast to our yet-to-come death, we have life here and now, and by ritually identifying with a symbolically expanded mythic, i.e., sacred, reality, we may continue to live on after bodily death, just as our ancestors and loved ones must also do. Language and mythmaking are necessary to avoid mortal despair and they remain at the core of human consciousness. -/- As Ernst Cassirer (1944) has noted, language and myth are “twin creatures”, both metaphoric webs over a reality we can never wholly comprehend. We live in the symbolic and construct our works of imagination and wars of conquest to make life meaningful, to feel immortal, and to sense that we ourselves participate in a reality greater than ourselves. No doubt we do, but this does not mean our culturally constructed self-identities survive the death of our bodies, and it does not imply that our symbolic concepts can ever indicate the ultimate truth. We simply must symbolize an extended reality that was sacred to our ancestors: “Is it not our way, as illusory as it may be, to force continuance on our world and our life in the face of their inevitable ending? Are we not compelled to extend those imaginary horizons as far as we can despite the terror and the sometime joy their extension incites? Is their closure not a form of death?” (Crapanzano, p. 210) -/- Of course, this leaves me in the uncomfortable position of being forced to admit that this venture of mine must inevitably be another attempt at meaningful mythmaking. But what else could it be? This is certainly not a scientific proof though it is indeed an academically rigorous exploration. (Just try to count the citations!) I hope the reader will judge my thesis on the basis of its coherence, the sense of meaning it evokes, my intellectual responsibility, and, finally, the engagement it inspires. If you have read my expositions and found yourself immersed in the timeless questions I here call forth, I would call these writings successful (even if you violently disagree with my answers). -/- I am very grateful to Huping Hu for granting me this special issue of JCER in which to present my ideas in some detail. He has patiently dealt with my exuberant approach and allowed the many changes I kept coming up with right until the final publication date. I also wish to thank the many potential commentators who politely replied to my invitation, and, even more, I thank those who made time to write actual commentaries. -/- References -/- Cassirer, E. (1944). An Essay on Man: An Introduction to a Philosophy of Human Culture. New Haven/London: Yale UP. -/- Crapanzano, V. (2004). Imaginative Horizons: An Essay in Literary-Philosophical Anthropology. Chicago: U of Chicago Press. -/- Gregory M. Nixon University of Northern British Columbia Prince George, British Columbia, Canada Email: [email protected] Websty: http://members.shaw.ca/doknyx. (shrink)

Is it possible to know anything about life we have not yet encountered? We know of only one example of life: our own. Given this, many scientists are inclined to doubt that any principles of Earth’s biology will generalize to other worlds in which life might exist. Let’s call this the “N = 1 problem.” By comparison, we expect the principles of geometry, mechanics, and chemistry would generalize. Interestingly, each of these has predictable consequences when applied to biology. The (...) surface-to-volume property of geometry, for example, limits the size of unassisted cells in a given medium. This effect is real, precise, universal, and predictive. Furthermore, there are basic problems all life must solve if it is to persist, such as resistance to radiation, faithful inheritance, and energy regulation. If these universal problems have a limited set of possible solutions, some common outcomes must consistently emerge. In this chapter, I discuss the N = 1 problem, its implications, and my response (Mariscal 2014). I hold that our current knowledge of biology can justify believing certain generalizations as holding for life anywhere. Life on Earth may be our only example of life, but this is only a reason to be cautious in our approach to life in the universe, not a reason to give up altogether. In my account, a candidate biological generalization is assessed by the assumptions it makes. A claim is accepted only if its justification includes principles of evolution, but no contingent facts of life on Earth. (shrink)

I argue that we can reason not only to new beliefs but to basically any change in attitude we can think of, including the abandonment of belief (contra John Broome), the acquisition of non-belief attitudes like relief and admiration, and the elimination of the same. To argue for this position, which I call generalism, I defend a sufficient condition on reasoning, roughly that we can reason to any change in attitude that is expressed by the conclusion of an argument we (...) can be convinced by. I then produce examples of such arguments, and argue that they are indeed arguments. To produce such examples of the elimination of non-doxastic attitudes, I develop the idea of a state of attitudinal constraint acceptance, and show how it is useful for solving this problem, and useful in other parts of philosophy as well. (shrink)

Rohingya refugee children in Bangladesh are forced into labour both inside and outside the camps for a wide range of reasons. This article examines this situation in relation to the access to education for those children living in the camps in Cox’s Bazar. Being informed by several perspectives concerning child labour and access to schooling in developing country contexts, this research work has adopted a qualitative approach to study various factors working behind this pressing issue. After collecting data by means (...) of qualitative methods, including non-participant observations and semi-structured interviews, the researcher has analyzed the findings with these informed perspectives. Results show that lack of formal identity, limited access to the formal labour market, absence of social sanctions against child employment, lack of aspirations, household composition, and substandard living conditions are some of the key factors that drive children to engage in various forms of labour, especially outside the camps. They often work in small workshops as labourers and in the host community households as domestic workers. Undocumented children are also reported to become victims of bonded labour, sex trade, and trafficking in the region. The author argues that a lack of formal education has compounded this issue into a severe humanitarian crisis which calls for immediate support and actions from local and international agencies. (shrink)

There is at least one immediate sense in which legal discourse is perspectival: it qualifies acts and facts in the world on the basis of rules. Legal concepts are for the most part constituted by rules, both in the sense that rules define these concepts’ semantic content and that, in order to engage with legal practice, we must act according to those rules, not necessarily complying with them but at least having them in mind. This is the distinctive perspective of (...) law: however, it would be misleading to think that this is the only perspective we can have in legal discourse. That of rule-constituted legal concepts is the fundamental perspective -- the inevitable presupposition of most legal assertions -- but other perspectives are possible on top of this fundamental background: perspectives on law, stemming from the basic perspective of law. -/- In this paper, I will try to argue that some different perspectives regarding law can be accounted for by analyzing different kinds of concepts that emerge in connection with legal institutions. My argument will consist of three steps as follows. First, I will explain how legal concepts are constituted by rules, referring in this regard to John Searle’s analysis of institutional concepts as it emerges in his Making the Social World, of 2010, and amending this analysis according to some criticisms that in 1986 Neil MacCormick had raised against Searle with specific reference to the legal domain. -/- Second, I will show that there are some kinds of concepts relevant for an institution which are not captured by Searle’s analysis in terms of constitutive rules, even if this is amended according to MacCormick’s criticisms. This I will do by considering the game of chess as a simple system of rule-constituted concepts (concepts such as 'checkmate,' 'bishop,' 'king'). I will consider four examples of perfectly legitimate assertions regarding a match of chess -- these being (1) ‘I won’; (2) 'you made a good attack'; (3) 'you are cheating'; (4) 'you made good use of the first-move advantage,' and I will show that, while the first three assertions can be analyzed in terms of concepts (those of 'victory,' 'attack,' and 'cheating') which are not constituted by the rules of chess but are rather common to several different competitive games, being typical of the broader practice of competitive game-playing of which chess is an instance, the fourth assertion includes a concept (that of 'first-move advantage') which is peculiar to chess, just like a rule-constituted element, but is not constituted by the rules of chess. This analysis will lead to a new categorization of institutional concepts. Apart from rule-constituted institutional concepts, which are the only ones recognized by Searle, in order to account for cases (1), (2), and (3) I will distinguish between three kinds of meta-institutional concepts, namely, goal-oriented, mode-oriented, and value-oriented meta-institutional concepts, and then I will introduce the category of para-institutional concepts to account for case (4). -/- Finally -- and this is the third step of my argument -- I will explain how these different kinds of institutional concepts appear when we adopt different perspectives on the institutional frameworks we deal with. This will lead us to a categorization of possible perspectives regarding law that corresponds to the previous one regarding concepts. There is first a structural perspective regarding the instantiation of institutional elements which clearly involves rule-constituted institutional concepts -- as when we say 'I am making a will.' There is then a teleological perspective regarding the goal of our institutional acts which calls into question goal-oriented meta-institutional concepts -- as when we say 'I wrote that will in order for you to have a distinctive right to my property.' Then, we can adopt a strategical perspective regarding some peculiar ways in which institutional acts can be performed, and this has often to do with mode-oriented meta-institutional concepts -- as when we say 'the Labour Party is making parliamentary obstructionism so that the Government will fall before the enactment of the labour reform,' or 'workers start today a work-to-rule action.' Clearly, we can also adopt an evaluative perspective over institutional facts or acts, and here typically value oriented meta-institutional concepts emerge -- as when we say 'that rule is clearly unjust' or 'that contract is unfair.' Finally, we can limit ourselves to a descriptive perspective on phenomena which are peculiar to a given institutional setting, and here para-institutional concepts are often useful -- as when we say 'the Italian electoral system before 1990 led to a sort of reform paralysis' or 'a strict use of the criterion requiring proof beyond any reasonable doubt can be expected to entail a low conviction rate.'. (shrink)

There is something puzzling about statistical evidence. One place this manifests is in the law, where courts are reluctant to base affirmative verdicts on evidence that is purely statistical, in spite of the fact that it is perfectly capable of meeting the standards of proof enshrined in legal doctrine. After surveying some proposed explanations for this, I shall outline a new approach – one that makes use of a notion of normalcy that is distinct from the idea of statistical frequency. (...) The puzzle is not, however, merely a legal one. Our unwillingness to base beliefs on statistical evidence is by no means limited to the courtroom, and is at odds with almost every general principle that epistemologists have proposed as to how we ought to manage our beliefs. (shrink)

This essay is an accessible introduction to the proof paradox in legal epistemology. -/- In 1902 the Supreme Judicial Court of Maine filed an influential legal verdict. The judge claimed that in order to find a defendant culpable, the plaintiff “must adduce evidence other than a majority of chances”. The judge thereby claimed that bare statistical evidence does not suffice for legal proof. -/- In this essay I first motivate the claim that bare statistical evidence does not suffice for legal (...) proof. I then introduce and motivate a knowledge-centred explanation of this fact. The knowledge-centred explanation rests on two premises. The first is that legal proof requires knowledge of culpability. The second is that one cannot attain knowledge that p from bare statistical evidence that p. To motivate the second premise, I suggest that beliefs based on bare statistical evidence fail to be safe—they could easily be wrong—and bare statistical evidence cannot eliminate relevant alternatives. -/- I then cast doubt on the first premise; I argue that legal proof does not require knowledge. I thereby dispute the knowledge-centred explanation of the inadequacy of bare statistical evidence for legal proof. Instead of appealing to the nature of knowledge, I suggest we should seek a more direct explanation by appealing to those more foundational epistemic properties, such as safety or eliminating relevant alternatives. (shrink)

For two reasons, physics occupies a preeminent position among the sciences. On the one hand, due to its recognized position as a fundamental science, and on the other hand, due to the characteristic of its obvious certainty of knowledge. For both reasons it is regarded as the paradigm of scientificity par excellence. With its focus on the issue of epistemic certainty, philosophy of science follows in the footsteps of classical epistemology, and this is also the basis of its 'judicial' pretension (...) vis-à-vis physics. Whereas physics is in a strong competitive relationship to philosophy and epistemology with respect to its position as a fundamental science - even on the subject of cognition, as the pretension of 'reductionism' shows. It is the thematic focus on epistemic certainty itself, however, that becomes the root of a profound epistemological misunderstanding of physics. The reason for this is twofold: first, the idea of epistemic certainty as a criterion of 'demarcation' between physics and metaphysics obscures the view of the much deeper heuristic differences between the two kinds of knowledge. The second, related, reason is that epistemology does not ask the question of the reason for the epistemic certainty of physics; instead, it sets itself the task of 'legitimating' physical knowledge, and this, crucially, with reference to the interpretation of the process of cognition. Thus, as a matter of course, all epistemological assumptions about this process – including the common descriptive understanding of knowledge and its ontological premises – flow into the interpretation of physics as a science. Consequently, this undertaking is not only doubtful from the ground up, because it presupposes for its meaningfulness nothing less than certainty of knowledge concerning (the interpretation of) the process of knowledge, thereby relying on mere convictions; moreover, by projecting the descriptive, 'metaphysical' concept of knowledge onto physics, it leads to unsolvable epistemological problems and corresponding resignative conclusions concerning the claim of knowledge of physics. In other words, epistemology itself builds, due to its basic assumptions, a major obstacle for an adequate understanding of physics. Physics' cross-object, deconstructive approach to knowledge implies a completely different, non-descriptive understanding of its concepts, with consequences that extend far beyond itself due to its status as a basic science. (shrink)

Genevieve Lloyd’s Spinoza is quite a different thinker from the arch rationalist caricature of some undergraduate philosophy courses devoted to “The Continental Rationalists”. Lloyd’s Spinoza does not see reason as a complete source of knowledge, nor is deductive rational thought productive of the highest grade of knowledge. Instead, that honour goes to a third kind of knowledge—intuitive knowledge (scientia intuitiva), which provides an immediate, non-discursive knowledge of its singular object. To the embarrassment of some hard-nosed philosophers, intellectual intuition has an (...) affective component; it is a form of love, and ultimately given that human beings are finite modes of God/Nature (Deus sive Natura), it is a form of the intellectual love of God (amor Dei intellectualis). Some philosophers do not know what to make of this mysterious aspect of Spinoza’s philosophy, which is nonetheless firmly anchored in a reading of Part V of the Ethics. Nonetheless, this note will insist with Lloyd’s “Reconsidering Spinoza’s Rationalism” that such doctrine is an integral part of Spinoza’s philosophy. Moreover, it will be shown that Spinoza is well aware of the limitations of reason (ratio) in gaining scientific knowledge of the world and requires intuition precisely because of the inability of reason to represent individuals in their full particularity. Imagination too has a role to play in shaping scientific knowledge, although reason performs a vital critical role in disciplining and liberating the human mind from inadequate imaginary ideas. The result is an interpretation of Spinoza’s epistemology as both rationalist and intuitionist. DOI: 10.1080/24740500.2021.1962652. (shrink)

Joel Pust has recently challenged the Thomas Reid-inspired argument against the reliability of the a priori defended by Alvin Plantinga, Nicholas Wolterstorff, William Alston, and Michael Bergmann. The Reidian argument alleges that the Cartesian insistence on the primacy of a priori rationality and subjective sensory experience as the foundations of epistemic justification is unwarranted because the same kind of global skeptical scenario that Cartesians recognize as challenging the legitimacy of perceptual beliefs about the external world also undermine the reliability of (...) a priori rationality. In reply, Pust contends that some a priori propositions are beyond doubt and that fact can be used to support the overall reliability of reason. This paper challenges Pust’s argument. I argue that while Pust successfully undermines a radical skeptical view of reason, he does not refute a more modest skepticism. I conclude with some suggestions for Cartesian a priorists. (shrink)

Reasons-first theorists claim that facts about reasons for attitudes are normatively primitive, and that all other normative facts ultimately reduce to facts about reasons. According to their view, for example, the fact that something is good ultimately reduces to facts about reasons to favour it. I argue that these theories face a challenging dilemma due to the normativity of arational lifeforms, for instance the fact that water is good for plants. If all normative facts are, ultimately, facts about reasons for (...) attitudes, then reasons-first theorists must either (a) show that these facts do reduce to facts about reasons, or (b) concede that they do not and, instead, show that this is not a problem for their view. Both options, however, are riddled with difficulties—or so I will try to argue. (shrink)

The essay is a comparative look at Descartes' and Pascal's epistemology. For so vast a topic, I shall confine myself to comparing three crucial epistemological topics, through which I hope to evince Descartes' and Pascal's differences and points of contact. Firstly, I will concentrate on the philosophers' engagement with skepticism, which, for each, had different functions and motivations. Secondly, the thinkers' relation to Reason shall be examined, since it is the fulcrum of their thought—and the main aspect that separates them. (...) Lastly, I will examine each philosopher's theist epistemology; this section, of course, will focus on how and by what means Descartes and Pascal set out to prove God's existence. The latter aspect shall take us back to each philosopher's relationship to Doubt: the title, " The Giants of Doubt ", in fact, implies a fundamental link between Descartes and Pascal through Doubt. In addition, and most importantly, the contrast between the two thinkers' epistemology inaugurates a decisive scission in modern thought of enormous repercussion: Descartes' sturdy rationalism initiated the great branch of modern scientific inquiry , while Pascal's appeal to the power of intuition and feelings would eventually be the precursor of the reaction to the enlightenment that invested Europe by the second half of the eighteenth century. This departure of thought, which in my view may be traced back to them, has not been the common conceit of the history of philosophy: the reaction to the enlightenment has customarily been regarded as stemming from its internal contradictions or at best from its more radical doctrines. The essay shall show that these strands of thought were both parallel and born out of the antithetical epistemologies of Descartes and Pascal. (shrink)

In this paper we propose a computational framework aimed at extending the problem solving capabilities of cognitive artificial agents through the introduction of a novel, goal-directed, dynamic knowledge generation mechanism obtained via a non monotonic reasoning procedure. In particular, the proposed framework relies on the assumption that certain classes of problems cannot be solved by simply learning or injecting new external knowledge in the declarative memory of a cognitive artificial agent but, on the other hand, require a mechanism for the (...) automatic and creative re-framing, or re-formulation, of the available knowledge. We show how such mechanism can be obtained trough a framework of dynamic knowledge generation that is able to tackle the problem of commonsense concept combination. In addition, we show how such a framework can be employed in the field of cognitive architectures in order to overcome situations like the impasse in SOAR by extending the possible options of its subgoaling procedures. (shrink)

The standard account of supererogation holds that Liv is not morally required to jump on a grenade, thereby sacrificing her life, to save the lives of five soldiers. Many proponents defend the standard account by appealing to moral rationalism about requirement. These same proponents hold that Bernie is morally permitted to jump on a grenade, thereby sacrificing his life, to spare someone a mild burn. I argue that this position is unstable, at least as moral rationalism is ordinarily defended. The (...) proponent of the standard account of supererogation must either reject moral rationalism or endorse that Bernie is morally required to remain in safety. Along the way, this paper brings together three neglected topics: going *too far* beyond the call of duty, moral rationalism about *permission*, and how to weigh reasons when some reasons have a different proportion of justifying and requiring weight than others. (shrink)

Inspired by Castañeda (1966, 1968), Perry (1979) and Lewis (1979) showed that a specific variety of singular thoughts, thoughts about oneself “as oneself” – de se thoughts, as Lewis called them – raise special issues, and they advanced rival accounts. Their suggestive examples raise the problem of de se thought – to wit, how to characterize it so as to give an accurate account of the data, tracing its relations to singular thoughts in general. After rehearsing the main tenets of (...) two contrasting accounts – a Lewisian one and a Perrian one – in the first section of this paper, in the second I will present a proposal of my own, which is a specific elaboration of the Perrian account. In the first section I will indicate some weaknesses of Perry’s presentation of his view; the proposal I will articulate in the second overcomes them. I will conclude with a brief discussion of reasons for preferring one or another account, in particular regarding the issue of the communication of de se thoughts. (shrink)

The discovery of so-called ‘mirror neurons’ - found to respond both to own actions and the observation of similar actions performed by others - has been enormously influential in the cognitive sciences and beyond. Given the self-other symmetry these neurons have been hypothesized as underlying a ‘mirror mechanism’ that lets us share representations and thereby ground core social cognitive functions from intention understanding to linguistic abilities and empathy. I argue that mirror neurons are important for very different reasons. Rather (...) than a symmetric ubiquitous or context- independent mechanism, I propose that these neurons are part of broader sensorimotor circuits, which help us navigate and predict the social affordance space that we meet others in. To develop both the critical and positive project I analyze the interpretive choices and the debate surrounding the mirror neuron research and show how the field is marred by highly questionable assumptions about respectively motor and social cognition. The discovery of mirror neurons - and the sensorimotor circuits of which these neurons are a part – actually empirically challenge many of these tacit assumptions. Findings of sensorimotor goal representations at levels of abstraction well beyond actual sensory information and kinetic movements challenge the idea of motor cognition as primarily output production. Additionally, the focus on 3rd person mindreading of hidden mental states is misguiding the field of social cognition. Much ‘mind-reading’ seems rooted in sensorimotor representations and a developmentally primary 2nd person understanding of actions and the mental lives of others, which precisely breaks the assumed dichotomy between mind and behavior. I propose a Social Affordance model where parallel fronto-parietal sensorimotor circuits support representations not just of other people’s actions but of the overall social affordance space. It is a process that monitors concrete goals and teleological possibilities that the environment affords respectively oneself and other present agents. With this model I hypothesize that the complex spectrum of sensorimotor integrations are indeed essential not only to normal action choice calibration but also to social cognitive abilities, as the sensorimotor teleological representations let us relate to others and understand their action choices in a shared pragmatic and intentional context. (shrink)

The scope of public reason determines which political decisions should be taken according to its standards. In this paper, I defend a broad-scope view of public reason, according to which every single political decision should be justified by public reasons. In the first part, I argue that, despite the unclarity of Rawls’ position, it is compatible with the wide-scope view. In the three following parts, I refute the main arguments in favour of the narrow-scope view of public reason. Finally, I (...) offer an argument for the wide-scope view and conclude that it is preferable from the point of view of political liberalism. (shrink)

A focussed issue of The Reasoner on the topic of 'Infinitary Reasoning'. Owen Griffiths and A.C. Paseau were the guest editors.