W. V. Quine famously defended two theses that have fallen rather dramatically out of fashion. The first is that intensions are “creatures of darkness” that ultimately have no place in respectable philosophical circles, owing primarily to their lack of rigorous identity conditions. However, although he was thoroughly familiar with Carnap’s foundational studies in what would become known as possible world semantics, it likely wouldn’t yet have been apparent to Quine that he was fighting a losing battle against intensions, due in (...) large measure to developments stemming from Carnap’s studies and culminating in the work of Kripke, Hintikka, and Bayart. These developments undermined Quine’s crusade against intensions on two fronts. First, in the context of possible world semantics, intensions could after all be given rigorous identity conditions by defining them (in the simplest case) as functions from worlds to appropriate extensions, a fact exploited to powerful and influential effect in logic and linguistics by the likes of Kaplan, Montague, Lewis, and Cresswell. Second, the rise of possible world semantics fueled a strong resurgence of metaphysics in contemporary analytic philosophy that saw properties and propositions widely, fruitfully, and unabashedly adopted as ontological primitives in their own right. This resurgence — happily, in my view — continues into the present day. -/- For a time, at any rate, Quine experienced somewhat better success with his second thesis: that higher-order logic is, at worst, confused and, at best, a quirky notational alternative to standard first-order logic. However, Quine notwithstanding, a great deal of recent work in formal metaphysics transpires in a higher-order logical framework in which properties and propositions fall into an infinite hierarchy of types of (at least) every finite order. Initially, the most philosophically compelling reason for embracing such a framework since Russell first proposed his simple theory of types was simply that it provides a relatively natural explanation of the paradoxes. However, since the seminal work of Prior there has been a growing trend to consider higher-order logic to be the most philosophically natural framework for metaphysical inquiry, many of the contributors to this volume being among the most important and influential advocates of this view. Indeed, this is now quite arguably the dominant view among formal metaphysicians. -/- In this paper, and against the current tide, I will argue in §1 that there are still good reasons to think that Quine’s second battle is not yet lost and that the correct framework for logic is first-order and type-free — properties and propositions, logically speaking, are just individuals among others in a single domain of quantification — and that it arises naturally out of our most basic logical and semantical intuitions. The data I will draw upon are not new and are well-known to contemporary higher-order metaphysicians. However, I will try to defend my thesis in what I believe is a novel way by suggesting that these basic intuitions ground a reasonable distinction between “pure” logic and non-logical theory, and that Russell-style semantic paradoxes of truth and exemplification arise only when we move beyond the purely logical and, hence, do not of themselves provide any strong objection to a type-free conception of properties and propositions. -/- Most of my arguments in §1 are largely independent of any specific account of the nature of properties and propositions beyond their type-freedom. However, I will in addition argue that there are good reasons to take propositions, at least, to be very fine-grained. My arguments are thus bolstered significantly if it can be shown that there are in fact well-defined examples of logics that are not only type-free but which comport with such a conception of propositions. It is the purpose of §2 to lay out a logic of this sort in some detail, drawing especially upon work by George Bealer and related work of my own. With the logic in place, it will be possible to generalize the line of argument noted above regarding Russell-style paradoxes and, in §3, apply it to two propositional paradoxes — the Prior-Kaplan paradox and the Russell-Myhill paradox — that are often taken to threaten the sort of account developed here. (shrink)

According to possibilism, or non-actualism, fictional characters are possible individuals. Possibilist accounts of fiction do not only assign the intuitively correct truth-conditions to sentences in a fiction, but has the potential to provide powerful explanatory models for a wide range of phenomena associated with fiction (though these two aspects of possibilism are, I argue, crucially distinct). Apart from the classic defense by David Lewis the idea of modeling fiction in terms of possible worlds have been widely criticized. In this (...) article, I provide a defense of a possibilist account against some lines of criticism. To do so, I assume that names for fictional characters are directly referential and a possible-worlds model that accommodates transworld identity. On this background, I argue, it is possible to construct an elegant model of fictional discourse using familiar models of information exchange in ordinary discourse, and I sketch how this model can be used to i) make a natural distinction between fictional and counterfactual discourse, ii) account for creativity, and iii) sustain a natural definition of truth-in-fiction that avoids certain familiar objections to possibilism. Though I set aside questions about the metaphysical commitments of a possible-world interpretation here, there is accordingly reason to think that the battle over possibilist treatments of fiction will have to be fought over metaphysical foundations rather than technical shortcomings. (shrink)

Alvin Plantinga and Phillip E. Johnson strongly attack "metaphysical naturalism", a doctrine based, in part, on Darwinian concepts. They claim that this doctrine dominates American academic, educational, and legal thought, and that it is both erroneous and pernicious. Stuart Kauffman claims that currently accepted versions of Darwinian evolutionary theory are radically incomplete, that they should be supplemented by explicit recognition of the importance of coherent structures — the prevalence of "order for free". Both of these developments are here interpreted in (...) relation to some contemporary theistic notions of "creation", including those of Lewis Ford, Robert Neville, and Robert Sokolowski. Kaufmann’s approach is consistent with the approach of process theism, and is not invalidated by the attacks of Plantinga and Johnson. (shrink)

Dialogue between feminist and mainstream philosophy of science has been limited in recent years, although feminist and mainstream traditions each have engaged in rich debates about key concepts and their efficacy. Noteworthy criticisms of concepts like objectivity, consensus, justification, and discovery can be found in the work of philosophers of science including Philip Kitcher, Helen Longino, Peter Galison, Alison Wylie, Lorraine Daston, and Sandra Harding. As a graduate student in philosophy of science who worked in both literatures, I was often (...) left with the feeling that I had joined a broken family with two warring factions. This is apparent in the number of anthologies that have emerged on both sides in the aftermath of the “Science Wars” (Gross, Paul R., Norman Levitt, and Martin W. Lewis, eds. 1996; Koertge, Noretta, ed. 1998; Sokal, Alan and Jean Bricmont. 1998; etc.) Depending on one’s perspective on the Science Wars, the breadth of illustrative cases and examples found in Science and Other Cultures can either give more ammunition for the battle, or grounding for a much needed treaty of accord. The most important feature of this book is that it does not merely claim that science is only political, and it does not merely dismiss science as a social phenomenon to be deconstructed using the standard postmodern conceptual tools. Instead, the collection illustrates ways in which postcolonial analysis and multicultural examples can enrich our understanding of “good” science and ethics. Here, the concept of “strong objectivity” from Harding’s earlier books is fleshed out through a variety of cases. The anthology is the culmination of a series of research activities funded by a National Science Foundation grant to the American Philosophical Association. The grant, under the auspices of the NSF Ethics and Values Program, sponsored fourteen summer research projects and thirty-six presentations at four regional APA meetings. (shrink)

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.

An outstanding group of leaders left evidence that a richer and more sustainable democracy could be achieved with American independence and democratic principles integrated into a new republican form of government. They were moved by principles that are the very spirit of democracy. These principles are needed to enhance democracy and improve well-being. Using the constructivist tradition of grounded theory and Aristotle’s conception of abstraction, the article proposes a theory of the first principles of democracy based on substantive data: the (...) Declaration of Independence, the Articles of Confederation, The Federalist Papers, and the United States Constitution. Knowledge, fairness, human dignity, hope, unity, and security are the first principles of democracy and are regarded as the bedrock of democracy and a government framework for the people. This theory contributed to a formal model of democratic social change. It also contributes a conceptual framework that supports Solum’s semantic originalism, a theory of constitutional interpretation. The principles of democracy can revitalize democracy and provide new possibilities by protecting education as an innate human right, abolishing capital punishment, criminalizing private prisons on the stock market, and reevaluating the proportionality of prison sentences. (shrink)

Existing social disparities in the United States are inconsistent with Lincoln’s promise of democracy; therefore, there is a need for a critical conceptualization of the first principles that undergird American democracy and the genesis of democratic social change in America. This study aimed to construct a grounded theory that provides an understanding of the process of American democratic social change. The result was the construction of two frameworks: the demoralization process that triggers social change, and a formal grounded theory that (...) could explain democratic social change endeavors across different domains and levels of analysis. This democratic social change grounded theory answers the research question: How do the principles of the American founding documents provide an understanding of the process of American democratic social change? (shrink)

The polarities of democracy framework is used to achieve human emancipation by simultaneously managing multiple paradoxes by employing Johnson’s polarity management as the conceptual framework. Although Johnson’s framework may be appropriate for managing other tension-dependent pairs, it is less suitable for managing multiple democratic values when the goal is human emancipation and sustainable democratic social change. Managing multiple polarities is exacerbated by the problem-shifting and problem-creation effect inherent in a tension-driven framework. The aim was to develop a constructivist grounded theory (...) to answer the research question: How can the first principles of democracy be used to reduce dynamic tension and achieve human emancipation? This gap has been filled by a parsimonious conceptual framework based on three democratic principles: human dignity, fairness, and knowledge. The principles of democracy conceptual framework can synthesize the tension between democratic values in order to manage, plan, and evaluate democratic social change initiatives. (shrink)

Great Britain subjugated colonists using various power strategies, including dehumanization, misinformation, fear, and other divisive strategies. The Founders described these oppressive strategies as “a long train of abuses and usurpations.” Throughout the Declaration of Independence and the U.S. Constitution, the Founding Fathers imbued the people with hope in a government for the people: one unlike that of the monarchy, which sought to protect itself at the expense of colonists. As a result, the Founders created a government more likely to lead (...) with fairness, demonstrate respect for human dignity, unite Americans as one people, empower citizens through hope, and lead the nation toward security. This socio-ethical framework was an abductive discovery nested within a grounded theory study where it had been concluded that the first principles of democracy were woven within the American founding documents. Using Charmaz’s constructivist grounded theory, the first principles of democracy—knowledge, fairness, human dignity, hope, unity, and security—were used to answer an emerging research question: Are there two democratic frameworks in the founding documents, and how do they differ? The first principles of democracy promote a culture of ethics, resilience, and freedom. Their empowering disposition makes them suitable as a normative framework for a democratic government for the people. (shrink)

Customer behavior, market dynamics, and technological advances have made it challenging for marketing theorists to provide comprehensive explanations and actionable insights. Although there are numerous substantive marketing frameworks, no formal marketing theory exists. This study aims to develop the first formal grounded theory in marketing by incorporating artificial intelligence and Forde's conceptual framework as a guiding lens. Charmaz's constructivist grounded theory tradition and Forde's conceptual framework and data analysis strategy were employed for this purpose. The data analysis strategy used with (...) grounded theory’s constant compare-and-contrast method comprises holistic and systems thinking, dramaturgical and situational analysis, perspective-taking, and deconstruction. To evaluate Glaser’s assertion that all is data, artificial intelligence was incorporated into the research as the data source for retrieving the theoretical samples to address the primary research question: How can Forde's conceptual framework and artificial intelligence be leveraged to develop a formal marketing theory grounded in evidence? Of significance was the emergence of democratic marketing behaviors and the normalization of anti-democratic marketing approaches leveraged to manipulate buyers or gain access to segments of customers. Buyers and sellers can simultaneously benefit from and be prejudiced by marketing exchange dynamics. This finding lends credibility to the newly emerged framework of strategic actions where empowerment and disempowerment are leveraged to achieve specific goals. Considering this finding, it is suggested that businesses view marketing as a symbiotic relationship between two power centers, buyers and sellers, who respectively strive to maintain human dignity and sustainability. Researchers are encouraged to apply the framework across substantive areas, international markets, public relations, political campaigns, and others. (shrink)

Few scholars have explored the founding documents to identify the deliberate social change strategy that led to America's independence and a new form of government that was of, by, and for the people. This study aimed to apply a post-hoc polytheoretical framework of power to the findings of a democratic social change study to understand the dynamics of power between Great Britain and the American colonists. The original study employed the constructivist grounded theory tradition to explore democracy in the Declaration (...) of Independence, the Articles of Confederation, The Federalist Papers, and the United States Constitution. This produced two frameworks of power strategies, one empowering and the other demoralizing: principles of democracy and anti-democratic tenets. To gain a holistic perspective of the interplay of power, a polytheoretical framework of power consisting of theories of power proposed by Marx and Engels, Bourdieu, and Foucault was employed to discuss the findings. The findings suggested that democratic social change interacts with structural forces, culture, and power strategy selection. This could provide an alternative lens through which to explore whether people of color in America were used instrumentally to sustain democracy. (shrink)

Background: The United States symbolizes democracy in the new world and contributes to global prosperity. Nevertheless, incrementalism is a historically dominant national approach to public policy implementation that delays democracy and undermines human dignity. Human flourishing and national development are endangered by slow-moving democratic changes. This necessitates a social justice framework that traces the exploitation of incrementalism and the consequences of opportunity gaps. Objectives: This study aims to construct a grounded theory to address and answer the following research question: Are (...) anti-democratic concepts part of a process or strategy that hinders democratic change, and what reinforces it, if anything? Methods: Two categories emerged from a grounded theory of democratic social change. This combination of anti-democratic tenets and democratic principles led to abductive reasoning to fill the research gap. Results: The key finding was the existence of a systematic approach that led to democracy while simultaneously disempowering the same group through legal and extralegal means. Two processes hinder democracy: incrementalism and an anti-democratic demoralizing process. A constructivist social justice grounded theory was developed to analyze and evaluate public policy for barriers and facilitators of democracy. A thorough analysis and evaluation of the impact and consequences of public policy is recommended to better understand how such policies impede democracy and influence American perceptions of justice. (shrink)

Grounded theory methodology is perceived as challenging due to its systematic and rigorous process. However, this is because most people do not realize that the strategies used in the grounded theory data analysis process are used by laypeople and professionals regularly, if not daily. This article aims to help others interested in grounded theory with a background in qualitative data analysis feel comfortable engaging in the methodology and constructing multiple theories in the same study. It shares my latest experience incorporating (...) various data analysis strategies with the constructivist approach: holistic and systems thinking, situational analysis, dramaturgical analysis, perspective taking, and abstraction. The examples remove the mystery from abstraction and abductive reasoning. (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.

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.

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)

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)

The editor's introduction discusses Clarence I. Lewis's conceptual pragmatism when compared with post-empiricist epistemology and argues that several Cartesian assumptions play a major role in the work, not unlike those of Logical Positivism. The suggestion is made that the Cartesian legacy still hidden in Logical Positivism turns out to be a rather heavy ballast for Lewis’s project of restructuring epistemology in a pragmatist key. More in detail, the sore point is the nature of inter-subjectivity. For Lewis, no (...) less than for the Logical Positivists at the time of the Protocols Controversy and Husserl in the Cartesian Meditations, this is a problem without a solution. The reason is that all these philosophers are apparently unable to realize that the existence of a plurality of knowing subjects cannot be treated at once both as a speculative problem and a methodological one. Lewis, thanks to his pragmatist approach both comes closer to the right answer and offers an even more naïve unsatisfactory solution to the pseudo-problem under discussion. The fact that he has clear in mind that inter-subjectivity means not only a plurality of linguistic utterances but also a co-existence of different kinds of practical behaviour. Eventually, the very idea of mind, the key-idea in the book, suffers from the above mentioned tension. In fact, if inter-subjective communication and action is considered at a methodological level, the very idea of mind would not need an analysis, and no kind of ‘reflexive’ analysis. Methodology might be limited to a ‘naïve’ level where the existence of the world and a plurality of subjects be taken as a bedrock of uncritically accepted evidence. Philosophical reflection on ultimate evidence, instead, would take a different approach, maybe the one Wittgenstein was putting into practice in the same years when Mind and the world order was written, namely it would be bound to question the very meaning of the idea of ‘mind’ as an undue fiction – the same carried out by Descartes – when he assumed the Cogito to be at once a body of self-evident truths and a thing or substance, the familiar Platonic idea of psyche or soul. (shrink)

I defend the view that a significant ethical distinction can be made between justified killing in self-defense and police use of lethal force. I start by opposing the belief that police use of lethal force is morally justified on the basis of self-defense. Then I demonstrate that the state’s monopoly on the use of force within a given jurisdiction invests police officers with responsibilities that go beyond what morality requires of the average person. I argue that the police should primarily (...) be concerned with preserving public safety. As a consequence, police have additional moral permissions to use lethal force. But this also means that the principle of restraint is inherent to the policing function and therefore police are obliged to go to greater lengths to avoid killing. I concede that the just use of police force can be made difficult in extreme situations such as a mass riot. In such cases, police should take proportionate actions necessary to protect the lives of inhabitants by restoring order, which might include calling on military support. I conclude with a cautionary note opposing militarization of the policing role. (shrink)

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

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

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)

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)

Existing social disparities in the United States are inconsistent with the promise of democracy; therefore, there was a need for critical conceptualization of the first principles that undergird American democracy and the genesis of democratic social change in America. This constructivist grounded theory study aimed to construct a grounded theory that provides an understanding of the process of American democratic social change as it emerged from the nation’s founding documents. A post hoc polytheoretical framework including Foucault’s, Bourdieu’s, and Marx and (...) Engels’s theories of power was used to understand power dynamics. The research question focused on understanding the process of democratic social change in America. The sample comprised the Articles of Confederation, the U.S. Declaration of Independence, The Federalist Papers, and the U.S. Constitution. The documents were retrieved from the National Archives and Library of Congress. The data analysis plan incorporated successive comparison, situational and dramaturgical analysis, deconstruction, and perspective taking as strategies. The result was the construction of a democratic social change process theory preceded by five grounded theories: (a) first principles of democracy, (b) first principles of democracy conceptual framework, (c) socio-ethical principles of democracy, (d) demoralizing process, and (e) either-or approach to democracy. Positive social change implications include applying a democratic social change process to future social change endeavors across domains and levels of analysis, a normative framework for a republican form of government, and a tool to analyze and minimize the latent consequences of social justice policies. (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)

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)

Background: Use of patients’ medical data for secondary purposes such as health research, audit, and service planning is well established in the UK. However, the governance environment, as well as public understanding about this work, have lagged behind. We aimed to systematically review the literature on UK and Irish public views of patient data used in research, critically analysing such views though an established biomedical ethics framework, to draw out potential strategies for future good practice guidance and inform ethical and (...) privacy debates. Methods: We searched three databases using terms such as patient, public, opinion, and electronic health records. Empirical studies were eligible for inclusion if they surveyed healthcare users, patients or the public in UK and Ireland and examined attitudes, opinions or beliefs about the use of patient data for medical research. Results were synthesised into broad themes using a framework analysis. Results: Out of 13,492 papers and reports screened, 20 papers or reports were eligible. While there was a widespread willingness to share patient data for research for the common good, this very rarely led to unqualified support. The public expressed two generalised concerns about the potential risks to their privacy. The first of these concerns related to a party’s competence in keeping data secure, while the second was associated with the motivation a party might have to use the data. Conclusions: The public evaluates trustworthiness of research organisations by assessing their competence in data-handling and motivation for accessing the data. Public attitudes around data-sharing exemplified several principles which are also widely accepted in biomedical ethics. This provides a framework for understanding public attitudes, which should be considered in the development in any guidance for regulators and data custodians. We propose four salient questions which decision makers should address when evaluating proposals for the secondary use of data. (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.

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)

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)

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)

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)

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)

I insist that I was able to raise my hand, and I acknowledge that a law would have been broken had I done so, but I deny that I am therefore able to break a law. To uphold my instance of soft determinism, I need not claim any incredible powers. To uphold the compatibilism that I actually believe, I need not claim that such powers are even possible. My incompatibilist opponent is a creature of fiction, but he has his prototypes (...) in real life. He is modeled partly after Peter van Inwagen and partly on myself when I first worried about van Inwagen's argument against compatibilism. (shrink)

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)

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)

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)

The what next question for moral error theorists asks: if moral discourse is systematically error-ridden, then how, if at all, should moral error theorists continue to employ moral discourse? Recent years have seen growing numbers of moral error theorists come to endorse a wider normative error theory according to which all normative judgements are untrue. But despite this shift, the what next question for normative error theorists has received far less attention. This paper presents a novel solution to this question: (...) revolutionary normative subjectivism. Along the way, two primary contributions are advanced. First, a non-normative methodology for answering the normative error theoretic what next question is developed. Second, revolutionary normative subjectivism is presented and defended in accordance with the proposed methodology. (shrink)

I defend a modified rights-based unjust threat account for morally justified killing in self-defense. Rights-based moral justifications for killing in self-defense presume that human beings have a right to defend themselves from unjust threats. An unjust threat account of self-defense says that this right is derived from an agent’s moral obligation to not pose a deadly threat to the defender. The failure to keep this moral obligation creates the moral asymmetry necessary to justify a defender killing the unjust threat in (...) self-defense. I argue that the other rights-based approaches explored here are unfair to the defender because they require her to prove moral fault in the threat. But then I suggest that the unjust threat account should be modified so that where the threat is non-culpable or only partially culpable, the defender should seek to share the cost and risk with the threat in order for both parties to survive. (shrink)

This chapter takes a longitudinal approach to the survey of intelligence research published in Australia, or by Australian authors overseas, in the decade 2007–2017, analyses it, and compares these findings with trends overseas. It then undertakes a quantitative and qualitative survey of intelligence education programs at Australian and Western tertiary institutions in order to show how Australia fares in an international context. It concludes by offering some suggestions on the way ahead for Intelligence Studies in Australia.

In this chapter, we examine the key moral issues for the intelligence community with regard to the use of robots for intelligence collection. First, we survey the diverse range of spy robots that currently exist or are emerging, and examine their value for national security. This includes describing a number of plausible scenarios in which they have been (or could be) used, including: surveillance, attack, sentry, information collection, delivery, extraction, detention, interrogation and as Trojan horses. Second, we examine several areas (...) in which spy robots present serious ethical and legal challenges. We conclude by examining some moral concerns with shifting from intelligence collection to action, as enabled by robotics technology. (shrink)

The present essay argues that Bergson’s account of the comic can only be fully appreciated when read in conjunction with his later metaphysical exposition of the élan vital in Creative Evolution and then by the account of fabulation that Bergson only elaborates fully three decades later in The Two Sources of Morality and Religion. The more substantive account of the élan vital ultimately shows that, in Laughter, Bergson misses his own point: laughter does not simply serve as a means for (...) correcting human behavior but is rather the élan vital’s vital summons, the demand of life itself, that human beings challenge their obligations, question their societal forms, and thereby create new and, for Bergson, more ideal forms of life and community. (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.

The US-Australia strategic relationship has evolved from more or less an adversarial position in the 19th century to an Australia largely dependent on the US during the Cold War to the interdependent partnership we see today. Strategic interdependence means that the US-Australia relationship is not merely a one-sided affair; that Australia has something of substance to offer the strategic relationship. Part of the reason that the relationship is strong is because of a shared language, similar social values, and compatible political-legal (...) systems. Moreover, the relationship has been thoroughly institutionalised via intelligence cooperation, defence science collaboration, and extensive personal relationships. But what the US really seems to value is Australia’s reliability as an ally. I argue that Australia best demonstrates its reliability as an ally, however, when it follows US strategic decision-making for the right reasons. This sense of reliability is more akin to trustworthiness than it is to loyalty. History demonstrates that Australia has not always agreed with the US. But agreeing doesn’t matter so much when Australia has established a track record of consistently applying sound reasoning to its strategic decisions and it has made substantive contributions to jointly sought after strategic outcomes. (shrink)

The problem of forgiveness may rightly be regarded as a perennial philosophical problem. But of what sort? Introducing his 1973 contribution to the discussion, entitled simply "Forgiveness"—an essay that remains the standard reference for contemporary discussions of the problem, especially in the Anglo-American philosophical community—Aurel Kolnai writes that while the ethical nature of the problem is indisputable, he intends his argument "to be chiefly logical in nature: the central question I wish to discuss is … whether, and if so in (...) what manner, [forgiveness] is logically possible at all."1 The problem, as Kolnai develops it in the first two sections of his essay, is that forgiveness seems to be either... (shrink)