In response to two trenchant objections, radical subjective Bayesianism has been widely rejected. In this paper, I seek, if not to rehabilitate subjectivism, at least to show its critic what is attractive about the position. I argue that what is at stake in the subjectivism/anti-subjectivism debate is not, as is commonly thought, which norms of rationality are true, but rather, the conception of rationality that we adopt: there is an alternative approach to the widespread telic approach to rationality, which I (...) call the poric approach, on which subjectivism is an attractive position. I then argue that the poric approach—and therefore subjectivism—cannot be easily dismissed. (shrink)

Background Implicit biases are present in the general population and among professionals in various domains, where they can lead to discrimination. Many interventions are used to reduce implicit bias. However, uncertainties remain as to their effectiveness. -/- Methods We conducted a systematic review by searching ERIC, PUBMED and PSYCHINFO for peer-reviewed studies conducted on adults between May 2005 and April 2015, testing interventions designed to reduce implicit bias, with results measured using the Implicit Association Test (IAT) or sufficiently similar methods. (...) -/- Results 30 articles were identified as eligible. Some techniques, such as engaging with others’ perspective, appear unfruitful, at least in short term implicit bias reduction, while other techniques, such as exposure to counterstereotypical exemplars, are more promising. Robust data is lacking for many of these interventions. -/- Conclusions Caution is thus advised when it comes to programs aiming at reducing biases. This does not weaken the case for implementing widespread structural and institutional changes that are multiply justified. (shrink)

A lineage of prominent philosophers who have discussed the second-person relation can be regarded as advancing structural accounts. They posit that the second-person relation effects one transformative change to the structure of practical reasoning. In this paper, I criticise this orthodoxy and offer an alternative, substantive account. That is, I argue that entering into second-personal relations with others does indeed affect one's practical reasoning, but it does this not by altering the structure of one's agential thought, but by changing what (...) reasons can become available. The importance of second-personal thought for action is heterogenous. Second-person relations make possible the emergence of a wide variety of different kinds of practical reasons: creating some, revealing others. Recognising this diminishes the appeal of the traditional, structural accounts of the practical significance of such second-personal relations. Moving away from structural accounts facilitates a more thorough understanding of the intersubjective form of action. (shrink)

This paper is about the similarity between the appreciation of a piece of art, such as a cherished music album, and the loving appreciation of a person whom one knows well. In philosophical discussion about the rationality of love, the Qualities View (QV) says that love can be justified by reference to the qualities of the beloved. I argue that the oft-rehearsed trading-up objection fails to undermine the QV. The problems typically identified by the objection arise from the idea that (...) love-worthy qualities could be coarse-grained, when in fact they must be fine-grained. The analogy with appreciation of aesthetic qualities helps to draw out this point. Once the fine-grained nature of love-worthy qualities is properly understood, it is clear that critics of the QV cannot rely on the trading-up objection to motivate its rejection. Moreover, the paper’s core argument helps to illuminate the persistently aesthetic nature of interpersonal affections. (shrink)

Despite the widespread use of the notion of moral intuition, its psychological features remain a matter of debate and it is unclear why the capacity to experience moral intuitions evolved in humans. We first survey standard accounts of moral intuition, pointing out their interesting and problematic aspects. Drawing lessons from this analysis, we propose a novel account of moral intuitions which captures their phenomenological, mechanistic, and evolutionary features. Moral intuitions are composed of two elements: an evaluative mental state and a (...) feeling of rightness (FOR). We illustrate the phenomenology of the FOR with examples of non-moral and moral cases, and provide a biological and mechanistic account: the emergence of human reasoning capacities created a need for the co-evolution of a psychological system producing the feeling of rightness (the FORs). This system is triggered when we experience conflicting evaluations. The FORs renders evaluations resulting from rational deliberation less compelling than the evaluations produced by simple evolved systems. It thus facilitates optimal decision-making, preventing excessive interference by rational deliberation. Our account sheds light on why moral intuitions are so frequently experienced and why they are so compelling and resistant to argument. In addition, the account fuels interesting speculations about common metaethical intuitions. (shrink)

The conception of conscience that dominates discussions in bioethics focuses narrowly on private regulation of behaviour resulting from explicit attitudes. It neglects to mention implicit attitudes and the role of social feedback in becoming aware of one's implicit attitudes. But if conscience is a way of ensuring that a person's behaviour is in line with her moral values, it must be responsive to all aspects of the mind that influence behaviour. There is a wealth of recent psychological work demonstrating the (...) influence of implicit attitudes on behaviour. A necessary part of having a well-functioning conscience must thus be awareness and regulation of one's implicit attitudes in addition to one's explicit attitudes; this cannot be done by an individual in isolation. On my revised conception of conscience, heeding social feedback, being emotionally self-aware and engaging in self-monitoring are important for the possession of a well-functioning conscience. Health professionals may need specific training to help them develop and maintain a well-functioning conscience, which should involve cultivation of awareness of implicit attitudes, emphasis on social feedback and techniques to enable better control over them. (shrink)

ABSTRACT A thriving project in contemporary epistemology concerns identifying and explicating the epistemic virtues. Although there is little sustained argument for this claim, a number of prominent sources suggest that curiosity is an epistemic virtue. In this paper, I provide an account of the virtue of curiosity. After arguing that virtuous curiosity must be appropriately discerning, timely and exacting, I then situate my account in relation to two broader questions for virtue responsibilists: What sort of motivations are required for epistemic (...) virtue? And do epistemic virtues need to be reliable? I will sketch an account on which curiosity is only virtuous when rooted in a non-instrumental appreciation of epistemic goods, before arguing that curiosity can exhibit intellectual virtue irrespective of whether one is reliable in satisfying it. (shrink)

I argue that traditional views on which beliefs are subject only to purely epistemic assessment can reject demographic profiling, even when based on seemingly robust evidence. This is because the moral failures involved in demographic profiling can be located in the decision not to suspend judgment, rather than supposing that beliefs themselves are a locus of moral evaluation. A key moral reason to suspend judgment when faced with adverse demographic evidence is to promote social equality—this explains why positive profiling is (...) dubious, along with more familiar cases of negative profiling, and why profiling is suspect even when no particular action is at stake. My suspension-based view, while compatible with revisionary normative positions, does not presuppose them. Philosophers of all stripes can reject demographic profiling both in thought and deed. (shrink)

Criminal juries make decisions of great importance. A key criticism of juries is that they are unreliable in a multitude of ways, from exhibiting racial or gendered biases, to misunderstanding their role, to engaging in impropriety such as internet research. Recently, some have even claimed that the use of juries creates injustice on a large-scale, as a cause of low conviction rates for sexual criminality. Unfortunately, empirical research into jury deliberation is undermined by the fact that researchers are unable to (...) study live juries. The indirect sources of evidence used by researchers suffer from various problems, the most important of which is dubious levels of ecological validity. Real jury research—studying live jury deliberation—is controversial. However, as I argue, the objections to it are unconvincing. There is in fact a moral imperative to facilitate real jury research. (shrink)

Despite playing an important role in epistemology, philosophy of science, and more recently in moral philosophy and aesthetics, the nature of understanding is still much contested. One attractive framework attempts to reduce understanding to other familiar epistemic states. This paper explores and develops a methodology for testing such reductionist theories before offering a counterexample to a recently defended variant on which understanding reduces to what an agent knows.

Thomas Reid's philosophy of mind, epistemology, and philosophy of language all rely on his account of signs and signification. On Reid's view, some entities play a role of indicating other entities to our minds. In some cases, our sensitivity to this indication is learned through experience, whereas in others, the sensitivity is built in to our natural constitutions. Unlike representation, which was presumed to depend on resemblances and necessary connections, signification is the sort of relationship that can occur without any (...) intrinsic ties between the sign and the thing signified. Of particular interest is the priority Reid gives to natural signs. Reid deploys his robust account of natural signs in a way that allows him to sidestep some skeptical worries common in the early modern period, as well as in grounding “artificial” human languages like English or Cantonese on a more basic human capacity for communication, that is, itself, the result of our sensitivity to natural signs of other people's minds. (shrink)

Two primary roles for propositions are to be i) the objects of the attitudes (especially belief) and ii) the primary bearers of truth and falsity. Interpreters of John Locke are in very broad agreement that propositions, as he presents them, serve this second role. However, whether Locke’s propositions can be said to serve the first role is a more difficult question, as Locke was frequently regarded as having overlooked the force/content distinction, meaning that many interpreters regard him as taking the (...) propositions not to be the objects of the attitudes, but instead, to be identical to the attitudes themselves. In this paper, I present the basics of Locke’s accounts of propositions, truth, and judgment. I then explain the interpretive divide between those scholars who interpret Locke as offering a more philosophically appealing proto-Fregean account of propositions (one which does recognize the force/content distinction), and those who defend the philosophically less satisfying account which identifies propositions with judgments on textual grounds. Finally, I defend the conflation account against one of it’s largest philosophical challenges, by showing how that view can address the Frege-Geach problem. (shrink)

First part of the translation into Spanish of David Lewis' "New Work for a Theory of Universals", corresponding to the introduction and the first two sections of the original paper. || Primera parte de la traducción al español del trabajo de David Lewis "New Work for a Theory of Universals", correspondiente a la introducción y las dos primeras secciones del artículo original. Artículo original publicado en: Australasian Journal of Philosophy, Vol. 61, No. 4, Dec. 1983, pp. 343-377.

Second part of the translation into Spanish of David Lewis' "New Work for a Theory of Universals", corresponding to the last sections of the original paper. || Segunda parte de la traducción al español del trabajo de David Lewis "New Work for a Theory of Universals", correspondiente a últimas secciones del artículo original. Artículo original publicado en: Australasian Journal of Philosophy, Vol. 61, No. 4, Dec. 1983, pp. 343-377.

The goal of this paper is show how an initially appealing objection to David Hume's account of judgment can only be put forward by philosophers who accept an account of judgment that has its own sizable share of problems. To demonstrate this, I situate the views of John Locke, David Hume, and Thomas Reid with respect to each other, so as to illustrate how the appealing objection is linked to unappealing features of Locke's account of judgment.

In this chapter we examine the tendency to view future-oriented mental time travel as a unitary faculty that, despite task-driven surface variation, ultimately reduces to a common phenomenological state. We review evidence that FMTT is neither unitary nor beholden to episodic memory: Rather, it is varied both in its memorial underpinnings and experiential realization. We conclude that the phenomenological diversity characterizing FMTT is dependent not on the type of memory activated during task performance, but on the kind of subjective temporality (...) associated with the memory in play. (shrink)

Awareness growth—coming to entertain propositions of which one was previously unaware—is a crucial aspect of epistemic thriving. And yet, it is widely believed that orthodox Bayesianism cannot accommodate this phenomenon, since that would require employing supposedly defective catch-all propositions. Orthodox Bayesianism, it is concluded, must be amended. In this paper, I show that this argument fails, and that, on the contrary, the orthodox version of Bayesianism is particularly well-suited to accommodate awareness growth. For it entails what I call the refinement (...) view, which allows us to capture that awareness growth consists in the increase of one’s capacity of discernment. (shrink)

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

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

Harry Frankfurt has a comprehensive and, at times, compelling, account of love, which are outlined in several of his works. However, he does not think that romantic love fits the ideal of love as it ‘includes a number of vividly distracting elements, which do not belong to the essential nature of love as a mode of disinterested concern’. In this paper, I argue that we can, nonetheless, learn some important things about romantic love from his account. Furthermore, I will suggest, (...) conversely, that there is distinct value in romantic love, which derives from the nature of the relationship on which it is based. Frankfurt tries to take agape and reformulate it so that it can also account for love of particular people. Whilst he succeeds, to some extent, in describing parental love, he fails to accurately describe romantic love and friendship, and, moreover, overlooks what is distinctly valuable about them. Although it was not his intention to describe romantic love, by failing to include features such as reciprocity in his account of love, Frankfurt leaves no room for a kind of love that is important and valuable to many people. (shrink)

There is widespread excitement in the literature about the method of arbitrary functions: many take it to show that it is from the dynamics of systems that the objectivity of probabilities emerge. In this paper, I differentiate three ways in which a probability function might be objective, and I argue that the method of arbitrary functions cannot help us show that dynamics objectivise probabilities in any of these senses.

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

English law is unambiguous that legal personality, and with it all legal rights and protections, is assigned at birth. This rule is regarded as a bright line that is easily and consistently applied. The time has come, however, for the rule to be revisited. This article demonstrates that advances in fetal surgery and (anticipated) artificial wombs do not marry with traditional conceptions of birth and being alive in law. These technologies introduce the possibility of ex utero gestation, and/or temporary existence (...) ex utero, and consequently developing human beings that are novel to the law. Importantly, therefore, the concepts of birth and born alive no longer distinguish between human beings deserving of legal protection in the way originally intended. Thus, there is a need for reform, for a new approach to determining the legal significance of birth and what being legally alive actually encompasses. Investigating the law of birth is of crucial importance, because of the implications of affording or denying the subjects of new reproductive technologies rights and protections. A determination of the legal status of the subject of fetal surgery or an artificial womb will determine what can and cannot be done to each entity. Moreover, the status afforded to these entities will drastically impact on the freedoms of pregnant women. (shrink)

Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that (...) apply to individual inquirers. My aim in this paper is to rehabilitate purely statistical evidence by arguing that, given the broader aims of legal systems, there are scenarios in which relying on such evidence is appropriate. Along the way I explain why popular arguments appealing to individual epistemic norms to reject legal reliance on bare statistics are unconvincing, by showing that courts and individuals face different epistemic predicaments (in short, individuals can hedge when confronted with statistical evidence, whilst legal tribunals cannot). I also correct some misconceptions about legal practice that have found their way into the recent literature. (shrink)

Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.

If I were asked to put forward an ethical principle which I considered to be especially certain, it would be that no one can be responsible, in the properly ethical sense, for the conduct of another. Responsibility belongs essentially to the individual. The implications of this principle are much more far-reaching than is evident at first, and reflection upon them may lead many to withdraw the assent which they might otherwise be very ready to accord to this view of responsibility. (...) But if the difficulties do appear to be insurmountable, and that, very certainly, does not seem to me to be the case, then the proper procedure will be, not to revert to the barbarous notion of collective or group responsibility, but to give up altogether the view that we are accountable in any distinctively moral sense. (shrink)

Discipline and interest are aspects of parenting that affect children’s behavior and academic performance. This study explores the parents’ disciplinary strategies to promote children’s learning interests. The researchers conducted this study due to society’s issue and observation that elementary pupils have a low interest in learning and manifested inappropriate behaviors inside and outside the classroom. The participants were the ten selected parents with children enrolled in 5th Grade in one of the private Catholic elementary schools in Pagadian City, Philippines. A (...) single case study was utilized. It was found that parents experienced challenges in disciplining their children to promote learning interests due to different kinds of behaviors that the children manifest. The participants identified the following behaviors: Too Much Screen Time in Playing Mobile Games and Being Disrespectful. Despite the challenges they have encountered, they were able to overcome those by implementing positive discipline, offering the problem to God, and effective communication to build good relationships with their children. It is important to be gentle and firm in implementing discipline to promote the learning interest of the pupils. Positive discipline inside the classroom allows the pupils to develop skills of responsibility, resiliency, and proper behavior with the use of positive and negative reinforcements that will motivate them to be interested in learning and excel academically. (shrink)

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

What is it to be mentally healthy? In the ongoing movement to promote mental health, to reduce stigma, and to establish parity between mental and physical health, there is a clear enthusiasm about this concept and a recognition of its value in human life. However, it is often unclear what mental health means in all these efforts and whether there is a single concept underlying them. Sometimes, the initiatives for the sake of mental health are aimed just at reducing mental (...) illness, thus implicitly identifying mental health with the absence of diagnosable psychiatric disease. More ambitiously, there are high-profile proposals to adopt a positive definition, identifying mental health with psychic or even overall well-being. We argue against both: a definition of mental health as mere absence of mental illness is too thin, too undemanding, and too closely linked to psychiatric value judgments, while the definition in terms of well-being is too demanding and potentially oppressive. As a compromise, we sketch out a middle position. On this view, mental health is a primary good, that is, the psychological preconditions of pursuing any conception of the good life, including well-being, without being identical to well-being. (shrink)

Recent work takes both philosophical and scientific progress to consist in acquiring factive epistemic states such as knowledge. However, much of this work leaves unclear what entity is the subject of these epistemic states. Furthermore, by focusing only on states like knowledge, we overlook progress in intermediate cases between ignorance and knowledge—for example, many now celebrated theories were initially so controversial that they were not known. -/- This paper develops an improved framework for thinking about intellectual progress. Firstly, I argue (...) that we should think of progress relative to the epistemic position of an intellectual community rather than individual inquirers. Secondly, I show how focusing on the extended process of inquiry (rather than the mere presence or absence of states like knowledge) provides a better evaluation of different types of progress. This includes progress through formulating worthwhile questions, acquiring new evidence, and increasing credence on the right answers to these questions. I close by considering the ramifications for philosophical progress, suggesting that my account supports rejecting the most negative views while allowing us to articulate different varieties of optimism and pessimism. (shrink)

We propose an account of the subject’s cognition that allows for a full articulation of the phenomenon of ideology. We argue that ideology operates at the level of the a priori: it transcendentally conditions the intelligibility of thought and practice. But we draw from strands of post-Kantian philosophy of science and social philosophy in repudiating Kant’s view that the a priori is necessary and fixed. Instead, we argue, it is contingent, and therefore revisable. More precisely, it is conditioned materially: it (...) must be understood as an activity, continuous with and shaped by material social practice. We conclude with some remarks about the possibility of agency over one’s relativized, materially conditioned a priori; that is, over the possibility of critique. (shrink)

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

Causal reasoning and game-theoretic reasoning are fundamental topics in artificial intelligence, among many other disciplines: this paper is concerned with their intersection. Despite their importance, a formal framework that supports both these forms of reasoning has, until now, been lacking. We offer a solution in the form of (structural) causal games, which can be seen as extending Pearl's causal hierarchy to the game-theoretic domain, or as extending Koller and Milch's multi-agent influence diagrams to the causal domain. We then consider three (...) key questions: i) How can the (causal) dependencies in games - either between variables, or between strategies - be modelled in a uniform, principled manner? ii) How may causal queries be computed in causal games, and what assumptions does this require? iii) How do causal games compare to existing formalisms? To address question i), we introduce mechanised games, which encode dependencies between agents' decision rules and the distributions governing the game. In response to question ii), we present definitions of predictions, interventions, and counterfactuals, and discuss the assumptions required for each. Regarding question iii), we describe correspondences between causal games and other formalisms, and explain how causal games can be used to answer queries that other causal or game-theoretic models do not support. Finally, we highlight possible applications of causal games, aided by an extensive open-source Python library. (shrink)

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)

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

Legal epistemology has been an area of great philosophical growth since the turn of the century. But recently, a number of philosophers have argued the entire project is misguided, claiming that it relies on an illicit transposition of the norms of individual epistemology to the legal arena. This paper uses these objections as a foil to consider the foundations of legal epistemology, particularly as it applies to the criminal law. The aim is to clarify the fundamental commitments of legal epistemology (...) and suggest a way to vindicate it. (shrink)

This paper defends the heretical view that, at least in some cases, we ought to assign legal liability based on purely statistical evidence. The argument draws on prominent civil law litigation concerning pharmaceutical negligence and asbestos-poisoning. The overall aim is to illustrate moral pitfalls that result from supposing that it is never appropriate to rely on bare statistics when settling a legal dispute.

The notion of understanding occupies an increasingly prominent place in contemporary epistemology, philosophy of science, and moral theory. A central and ongoing debate about the nature of understanding is how it relates to the truth. In a series of influential contributions, Catherine Elgin has used a variety of familiar motivations for antirealism in philosophy of science to defend a non- factive theory of understanding. Key to her position are: (i) the fact that false theories can contribute to the upwards trajectory (...) of scientific understanding, and (ii) the essential role of inaccurate idealisations in scientific research. Using Elgin’s arguments as a foil, I show that a strictly factive theory of understanding has resources with which to offer a unified response to both the problem of idealisations and the role of false theories in the upwards trajectory of scientific understanding. Hence, strictly factive theories of understanding are viable notwithstanding these forceful criticisms. (shrink)

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

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

The Pneumatist school of medicine has the distinction of being the only medical school in antiquity named for a belief in a part of a human being. Unlike the Herophileans or the Asclepiadeans, their name does not pick out the founder of the school. Unlike the Dogmatists, Empiricists, or Methodists, their name does not pick out a specific approach to medicine. Instead, the name picks out a belief: the fact that pneuma is of paramount importance, both for explaining health and (...) disease, and for determining treatments for the healthy and sick. In this paper, we re-examine what our sources say about the pneuma of the Pneumatists in order to understand what these physicians thought it was and how it shaped their views on physiology, diagnosis and treatment. (shrink)

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

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

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

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)