Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts (...) and the legislative apparatus. Law is also a key institution for overcoming contracting uncertainties. It is furthermore a part of the power structure of society, and a major means by which power is exercised. This argument is illustrated by considering institutions such as property and the firm. Complex systems of law have played a crucial role in capitalist development and are also vital for developing economies. (shrink)

In this paper, I consider the contribution of Geoffrey Bennington's book, _Scatter 1_, to the ongoing discussion of the political dimension of deconstruction. Focusing on the resonances between Bennington's "politics of politics" and the notion of infrapolitics, I suggest that Bennington's major contribution revolves around the introduction of undecidability into political action and thought.

This article is the introductory chapter to a festschrift in honour of Geoff Hodgson. In work spanning four decades, Geoff Hodgson has made many path-breaking contributions to institutional economics, evolutionary economics, economic methodology, the history of economic thought and social theory more broadly. Hodgson’s reputation as a prolific and important writer, whose work transcends traditional disciplinary boundaries, is matched by his credentials as an academic entrepreneur, whose involvement in the formation of two international scholarly societies and the (...) foundation of the Journal of Institutional Economics has expanded the opportunities for constructive dialogue among social scientists. To celebrate Hodgon’s fantastic career, this volume brings together 19 original contributions by world-leading scholars in specific areas that have played a significant role in influencing Hodgson’s thinking or represent key debates to which he has contributed. The chapter introduces these contributions, and summarizes a conversation with Hodgson that is also included in the volume. (shrink)

his chapter discusses some of the basic tenets of a critical realist social ontology. It defines capitalism, which Roy Jacques conspicuously fails to do. Jacques argues that the very point of explanatory critique is to facilitate useful action. For Geoffrey Hodgson, the epsilon scenario could be described as beyond capitalism. A form of employment contract remains, but it is a mere shell of its former capitalist self. In the work process, the degree of control by the employer over (...) the employee is minimal. Hodgson argues that 'impurity' necessarily characterizes all socioeconomic systems. However, any assessment of feasibility depends crucially upon an adequate theoretical analysis of concrete socio-economic systems. The chapter explains the nature of disaggregative analysis, which is predicated upon a realist ontology. Transcendentally the social world is composed of internal and external social relations; disaggregative analysis enables thought experiments about alternative social arrangements. The chapter addresses the nature of division of labour, knowledge and Hayek. (shrink)

The British government's current educational policy for England draws on E.D. Hirsch's writings on 'cultural literacy'. This paper aims to uncover the roots of Hirsch’s influential views through a genealogical critique. Hirsch admired the Scottish Enlightenment educator Hugh Blair as a model architect of a hegemonic culture to unite disparate members of a nation. Following Hirsch, the government Department for Education in England called for ‘shared appreciation of cultural reference points’ and ‘a common stock of knowledge on which all can (...) draw and trade’. Consequently, the literature curriculum in England increasingly disenfranchises a significant component of the population in terms of both gender and cultural heritage. Recent ‘culture wars’ have highlighted the legacy of colonialism and have led educators to decolonise the curriculum and prioritise social justice. Continuing racism within civil society demonstrates the need for a general recognition that cultures are desirably diverse and internally plural. (shrink)

I assess a number of connected ideas about temporal experience that are introspectively plausible, but which I believe can be argued to be incorrect. These include the idea that temporal experiences are extended experiential processes, that they have an internal structure that in some way mirrors the structure of the apparent events they present, and the idea that time in experience is in some way represented by time itself. I explain how these ideas can be developed into more sharply defined (...) views, and then argue that these views are inconsistent with certain empirical facts about how time is represented in the brain. These facts instead support a kind of atomic view, on which temporal experiences are temporally unstructured atoms. (shrink)

This essay draws on the work of Jacques Derrida and Angela Y. Davis towards a philosophical resistance to the death penalty in the U.S. I find promise in Derrida’s claim that resistance to the death penalty ought to contest a political structure that founds itself on having the power to decide life and death, but I move beyond Derrida’s desire to consider the abolition of the death penalty without engaging with the particular histories and geographies of European colonialism. I offer (...) a critique of Derrida’s recently published work on the death penalty by engaging with the work of Davis and argue that discussions of state violence in nations that inherit European forms of sovereignty must take seriously the racist violence on which those sovereign powers rely. (shrink)

During the Standing Rock protests in North Dakota, USA/Turtle Island, a group of military veterans knelt in front of Oceti Sakowin Elders asking forgiveness for centuries of settler colonial military ventures in Oceti Sakowin Territory. Leonard Crow Dog forgave them and immediately demanded respect for Native Nations throughout the U.S. Lacking such respect, he said, Native people will cease paying taxes. Crow Dog’s post-forgiveness remarks speak to the political context of the military veterans’ request: They seek collective forgiveness amidst ongoing (...) occupation and harms committed by the collective they represent. In this chapter, I examine this case study and argue that ongoing harm undermines requests for forgiveness on behalf of collectives. I look to the work of Glen Coultard, Waziyatawin, and Leanne Simpson to consider what a responsible request for collective forgiveness would entail. (shrink)

I give an account of the difference between "Holistic" and "Atomistic" views of conscious experience. On the Holistic view, we enjoy a unified "field" of awareness, whose parts are mere modifications of the whole, and therefore owe their existence to the whole. There is some tendency to saddle those who reject the Holistic field model with a (perhaps) implausible "building block" view. I distinguish a number of different theses about the parts of an experience that are suggested by the "building (...) block" metaphor, but which can be rejected by those who also reject the holistic field view. (shrink)

Linguistic meaning underdetermines what is said. This has consequences for philosophical accounts of meaning, communication, and propositional attitude reports. I argue that the consequence we should endorse is that utterances typically express many propositions, that these are what speakers mean, and that the correct semantics for attitude reports will handle this fact while being relational and propositional.

I offer some responses to Prosser’s ‘Experiencing Time’, one of whose goals is to debunk a view of temporal experience somewhat prevalent in the metaphysics literature, which I call ‘Perceptualism’. According to Perceptualism: it is part of the content of perceptual experience that time passes in a metaphysically strong sense: the present has a metaphysically privileged status, and time passes in virtue of changes in which events this ‘objective present’ highlights, and moreover this gives us evidence in favor of strong (...) passage. Prosser argues that perception cannot be sensitive to whether the strong passage obtains, and therefore cannot represent strong passage in a way that gives us evidence of its truth. Although I accept this conclusion, I argue that Prosser’s argument for it is problematic. It threatens to over-generalize to rule out uncontroversial cases of perceptual knowledge, such as our knowledge that we live in a spatial world. Furthermore, a successful argument ruling out perceptual evidence for strong passage would have to give constraints on the theory/observation distinction of a kind not provided by Prosser’s discussion. I also comment on several other parts of the book. (shrink)

Philosophers of logic are particularly interested in understanding the aims, epistemology, and methodology of logic. This raises the question of how the philosophy of logic should go about these enquires. According to the practice-based approach, the most reliable method we have to investigate the methodology and epistemology of a research field is by considering in detail the activities of its practitioners. This holds just as true for logic as it does for the recognised empirical and abstract sciences. If we wish (...) to systematically understand the aims and epistemology of logic, we are best placed achieving this by looking at what logicians do, rather than reflecting upon the nature of logic itself. In this entry, we outline the motivations for a practice-based approach towards the philosophy of logic and highlight its advantages over more “top-down” approaches, which attempt to infer conclusions about the nature of logic and its methodology on the basis of traditional assumptions about knowledge, metaphysics, or logic itself. We end by addressing several prominent concerns raised against the practice-based approach. (shrink)

In March 2016, an interdisciplinary group met for two days and two evenings to explore the implications for policy making of second-order science. The event was sponsored by SITRA, the Finnish Parliament's Innovation Fund. Their interest arose from their concern that the well-established ways, including evidence-based approaches, of policy and decision making used in government were increasingly falling short of the complexity, uncertainty, and urgency of needed decision making. There was no assumption that second-order science or second-order cybernetics would reveal (...) any practical possibilities at this early stage of enquiry. On the other hand, some members of the group are practioners in both policy and in facilitating change in sectors of society. Thus, the intellectual concepts were strongly grounded in experience. This is an account of the deliberations of that group and some reflections on what came out of the various shared contributions and ensuing dialogues. The overall conclusion of the event is that there definitely are possibilities that are worthy of further research and exploration. (shrink)

The principle of sufficient reason threatens modal collapse. Some have suggested that by appealing to the indefinite extensibility of contingent truth, the threat is neutralized. This paper argues that this is not so. If the indefinite extensibility of contingent truth is developed in an analogous fashion to the most promising models of the indefinite extensibility of the concept set, plausible principles permit the derivation of modal collapse.

We make choices about our own appearance and evaluate others' choices – every day. These choices are meaningful for us as individuals and as members of communities. But many features of personal appearance are due to luck, and many cultural beauty standards make some groups and individuals worse off (this is called “lookism”). So, how are we to square these two facets of personal appearance? And how are we to evaluate agency in the context of personal beauty? I identify three (...) ways of responding to these questions: beauty advo- cacy, beauty skepticism, and beauty revisionism. Advocates connect an honorific sense of beauty with personal charac- ter. Skeptics focus on beauty standards, and primarily offer a social critique of beauty standards. Some skeptics suggest embracing other aesthetic ideals – even ugliness. Revision- ists critique beauty standards, but retain an honorific sense of beauty. Each position offers tools to evaluate personal agency as aesthetic agency, whether first-personally or through our appreciation of others' appearance. (shrink)

In the last century, philosophers turned their attention to language. One place they have looked for clues about its nature is Plato’s Cratylus, which considers whether names are naturally or conventionally correct. The dialogue is a source of annoyance to many commentators because it does not take a clear position on the central question. At times, it argues that language is conventional, and, at other times, defends the view that language is natural. This lack of commitment has led to a (...) longstanding dispute over the outcome of the dialogue. I argue that the Cratylus provides no clear resolution to this problem because it presupposes certain unexamined metaphysical commitments about the nature of reality, which are in need of thorough investigation. (shrink)

The articles that comprise this special issue of Intellectual History Review are briefly described.

In two rarely discussed passages – from unpublished notes on the Principles of Philosophy and a 1647 letter to Chanut – Descartes argues that the question of the infinite extension of space is importantly different from the infinity of time. In both passages, he is anxious to block the application of his well-known argument for the indefinite extension of space to time, in order to avoid the theologically problematic implication that the world has no beginning. Descartes concedes that we always (...) imagine an earlier time in which God might have created the world if he had wanted, but insists that this imaginary earlier existence of the world is not connected to its actual duration in the way that the indefinite extension of space is connected to the actual extension of the world. This paper considers whether Descartes’s metaphysics can sustain this asymmetrical attitude towards infinite space vs. time. I first consider Descartes’s relation to the ‘imaginary’ space/time tradition that extended from the late scholastics through Gassendi and More. I next examine carefully Descartes’s main argument for the indefinite extension of space and explain why it does not apply to time. Most crucially, since duration is merely conceptually distinct from enduring substance, the end or beginning of the world entails the end or beginning of real time. In contrast, extension does not depend on any enduring substance besides itself. (shrink)

Recently some philosophers have defended the thesis that naturalness, or joint-carvingness, is an aim of belief. This paper argues that there is an important class of counterexamples to this thesis. In particular, it is argued that naturalness is not an aim of our beliefs concerning what is joint carving and what is not.

Recent years have seen an explosion of interest in metaphysical explanation, and philosophers have fixed on the notion of ground as the conceptual tool with which such explanation should be investigated. I will argue that this focus on ground is myopic and that some metaphysical explanations that involve the essences of things cannot be understood in terms of ground. Such ‘essentialist’ explanation is of interest, not only for its ubiquity in philosophy, but for its being in a sense an ultimate (...) form of explanation. I give an account of the sense in which such explanation is ultimate and support it by defending what I call the inessentiality of essence. I close by suggesting that this principle is the key to understanding why essentialist explanations can seem so satisfying. (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)

The rejection of a “characterless” moral self is central to some of Bernard Williams’ most important contributions to philosophy. By the time of Truth and Truthfulness, he works instead with a model of the self constituted and stabilized out of more primitive materials through deliberation and in concert with others that takes inspiration from Diderot. Although this view of the self raises some difficult questions, it serves as a useful starting point for thinking about the process of developing an authentic (...) moral point of view in the context of contemporary living. In what follows, I begin to fill out and extend this picture of the self and its related notion of authenticity by exploring some of the “technologies of the self” at play in Rachel Cusk’s recent work (primarily, the Outline trilogy, Coventry, Second Place, and “The Stuntman”) that ask us to rethink the possibility and importance of stability; seek a way of constituting oneself and one’s values outside the confining structures of traditional narrative (focusing instead on a framework that might be provided by the visual arts); and give a different role to the sort of internalized other Williams sees as being at work in the mechanisms of shame. (shrink)

It is often said in physics that if two models of a theory are related by a symmetry, then the two models provide (or could provide) two different representations of the very same situation, alike the case of two maps of different color for the very same city. It is also said that the situations represented by two models of a theory are indiscernible in some ways when the models in question are related by a symmetry of the theory, just (...) like the situation in the interior of the cabin of a train when the train is at rest in the station is empirically indiscernible from the situation in the interior when the train is moving uniformly (in classical mechanics, these two situations are represented by two models related by a boost). In recent years, philosophers of physics have focused a lot of attention in developing various principles that aim to elucidate these and similar remarks on symmetries, models, physical equivalence, and representation that are widespread in physics practice. The goal of the current article is to provide a critical review of these principles, and suggest a new framework for thinking about these kinds of questions. One important upshot of the paper is that questions of indiscernibility, and questions of the representational capacity of models, must be distinguished from one another. (shrink)

Background Neuroimaging and lesion studies suggested that the dorsolateral prefrontal and posterior parietal cortices mediate visual metacognitive awareness. The causal evidence provided by non-invasive brain stimulation, however, is inconsistent. -/- Objective/hypothesis Here we revisit a major figure discrimination experiment adding a new Kanizsa figure task trying to resolve whether bilateral continuous theta-burst transcranial magnetic stimulation (cTBS) over these regions affects perceptual metacognition. Specifically, we tested whether subjective visibility ratings and/or metacognitive efficiency are lower when cTBS is applied to these two (...) regions in comparison to an active control region. -/- Methods A within-subjects design including three sessions spaced by one-week intervals was implemented. In each session, every participant was administered bilateral cTBS to either prefrontal, control or parietal cortices. Two concurrent tasks were performed, a real and an illusory figure task, stabilising objective performance with use of an adaptive staircase procedure. -/- Results When performing the replicated task, cTBS was found insufficient to disrupt neither visibility ratings nor metacognitive efficiency. However, with use of Kanizsa style illusory figures, cTBS over the dorsolateral prefrontal, but not over the posterior parietal cortex, was observed to significantly diminish metacognitive efficiency. -/- Conclusion(s) Real and illusory figure tasks demonstrated different cTBS effects. A possible explanation is the involvement of the prefrontal cortex in the creation of expectations, which is necessary for efficient metacognition. Failure to replicate previous findings for the real figure task, however, cannot be said to support, conclusively, the notion that these brain regions have a causal role in metacognitive awareness. This inconsistent finding may result from certain limitations of our study, thereby suggesting the need for yet further investigation. (shrink)

The case for secrecy in voting depends on the assumption that voters reliably vote for the political outcomes they want to prevail. No such assumption is valid. Accordingly, voting procedures should be designed to provide maximal incentive for voters to vote responsibly. Secret voting fails this test because citizens are protected from public scrutiny. Under open voting, citizens are publicly answerable for their electoral choices and will be encouraged thereby to vote in a discursively defensible manner. The possibility of bribery, (...) intimidation or blackmail moderates this argument but such dangers will be avoidable in many contemporary societies without recourse to secrecy. (shrink)

Feminists debate whether women can autonomously embrace their own subordination. Some argue that it is the process of identifying with desires and values that matters; others, that it is the content of the desires and values that matters. In this paper, I introduce a novel class of cases of ‘thwarted autonomy,’ in which women pursue autonomy but in ways that reinforce gendered subordination, and draw on these cases to develop an expressivist view of women’s autonomy. On this view, agents must (...) embody desires and values in the social world if they are to achieve self-understanding, such that the social world mediates the relation-to-self. Oppressive meanings and norms can channel this expressive activity in ways that violate women’s physical integrity and involve self-abnegation that is incompatible with autonomy. (shrink)

What is the connection between having a phenomenal property and knowing that one has that property? A traditional view on the matter takes the connection to be quite intimate. Whenever one has a phenomenal property, one knows that one does. Recently most authors have denied this traditional view. The goal of this paper is to defend the traditional view. In fact, I will defend something much stronger: I will argue that what it is for a property to be phenomenal is (...) for it to be a property one must know oneself to have when on has it. As we will see, this theory has a number of surprising and welcome upshots, suggesting that the traditional view has been unjustly maligned. (shrink)

According to a captivating picture, epistemic justification is essentially a matter of epistemic or evidential likelihood. While certain problems for this view are well known, it is motivated by a very natural thought—if justification can fall short of epistemic certainty, then what else could it possibly be? In this paper I shall develop an alternative way of thinking about epistemic justification. On this conception, the difference between justification and likelihood turns out to be akin to the more widely recognised difference (...) between ceteris paribus laws and brute statistical generalisations. I go on to discuss, in light of this suggestion, issues such as classical and lottery-driven scepticism as well as the lottery and preface paradoxes. (shrink)

Any explanation of one fact in terms of another will appeal to some sort of connection between the two. In a causal explanation, the connection might be a causal mechanism or law. But not all explanations are causal, and neither are all explanatory connections. For example, in explaining the fact that a given barn is red in terms of the fact that it is crimson, we might appeal to a non-causal connection between things’ being crimson and their being red. Many (...) such connections, like this one, are general rather than particular. I call these general non-causal explanatory connections 'laws of metaphysics'. In this paper I argue that some of these laws are to be found in the world at its most fundamental level, forming a bridge between fundamental reality and everything else. It is only by admitting fundamental laws, I suggest, that we can do justice to the explanatory relationship between what is fundamental and what is not. And once these laws are admitted, we are able to provide a nice resolution of the puzzle of why there are any non-fundamental facts in the first place. (shrink)

Propositions represent the entities from which they are formed. This fact has puzzled philosophers and some have put forward radical proposals in order to explain it. This paper develops a primitivist account of the representational properties of propositions that centers on the operation of application. As we will see, this theory wins out over its competitors on grounds of strength, systematicity and unifying power.

La posverdad es un fenómeno mediático referido a la tergiversación de la verdad en los medios de comunicación, especialmente por la proliferación de noticias falsas. En este artículo definiré los principales elementos de este fenómeno, los hechos que han generado su aparición, y un marco filosófico para su análisis ético profundo. Explico además por qué la simple asociación de la posverdad con la mentira es insuficiente, y planteo que la ampliación del marco conceptual para su análisis, con la introducción de (...) la idea de charlatanería desarrollada por el filósofo Harry Frankfurt, junto con la noción de emotivismo de Alasdair MacIntyre, nos pueden ayudar a entender mejor sus efectos perjudiciales. Afirmo que sin estos conceptos no es posible entender la intrínseca complejidad de la posverdad, y sus repercusiones más nocivas en la sociedad. Finalmente, muestro los principales peligros de la posverdad en la era poscovid debidos, especialmente, a la desconfianza generada por la evidente manipulación de la verdad, y la fragilidad ética y antropológica en la que se encuentra el ser humano en la actualidad. (shrink)

This book explores a question central to philosophy--namely, what does it take for a belief to be justified or rational? According to a widespread view, whether one has justification for believing a proposition is determined by how probable that proposition is, given one's evidence. In this book this view is rejected and replaced with another: in order for one to have justification for believing a proposition, one's evidence must normically support it--roughly, one's evidence must make the falsity of that proposition (...) abnormal in the sense of calling for special, independent explanation. This conception of justification bears upon a range of topics in epistemology and beyond. Ultimately, this way of looking at justification guides us to a new, unfamiliar picture of how we should respond to our evidence and manage our own fallibility. This picture is developed here. (shrink)

This Essay analyzes an essay by H. L. A. Hart about discretion that has never before been published, and has often been considered lost. Hart, one of the most significant legal philosophers of the twentieth century, wrote the essay at Harvard Law School in November 1956, shortly after he arrived as a visiting professor. In the essay, Hart argued that discretion is a special mode of reasoned, constrained decisionmaking that occupies a middle ground between arbitrary choice and determinate rule application. (...) Hart believed that discretion, soundly exercised, provides a principled way of coping with legal indeterminacy that is fully consistent with the rule of law. This Essay situates Hart’s paper – Discretion – in historical and intellectual context, interprets its main arguments, and assesses its significance in jurisprudential history. In the context of Hart’s work, Discretion is notable because it sketches a theory of legal reasoning in depth, with vivid examples. In the context of jurisprudential history, Discretion is significant because it sheds new light on long-overlooked historical and theoretical connections between Hart’s work and the Legal Process School, the American jurisprudential movement dominant at Harvard during Hart’s year as a visiting professor. Hart’s Discretion is part of our jurisprudential heritage, advancing our understanding of legal philosophy and its history. (shrink)

According to the principle of Conjunction Closure, if one has justification for believing each of a set of propositions, one has justification for believing their conjunction. The lottery and preface paradoxes can both be seen as posing challenges for Closure, but leave open familiar strategies for preserving the principle. While this is all relatively well-trodden ground, a new Closure-challenging paradox has recently emerged, in two somewhat different forms, due to Backes :3773–3787, 2019a) and Praolini :715–726, 2019). This paradox synthesises elements (...) of the lottery and the preface and is designed to close off the familiar Closure-preserving strategies. By appealing to a normic theory of justification, I will defend Closure in the face of this new paradox. Along the way I will draw more general conclusions about justification, normalcy and defeat, which bear upon what Backes :2877–2895, 2019b) has dubbed the ‘easy defeat’ problem for the normic theory. (shrink)

This chapter examines the nature and normative significance of taxation. In particular, it identifies and explores two central normative questions: (1) What tax arrangements should a state or society put into place? (2) How should a citizen or taxpayer relate to an existing system? In thinking through these and relate questions, the discussion also critically engages with the broadly Rawlsian view of taxation defended by Murphy and Nagel in The Myth of Ownership.

I survey the philosophical literature on grounding explanation and its connection to metaphysical ground.

In this paper, I identify a theoretical and political role for ‘white ignorance’, present three alternative accounts of white ignorance, and assess how well each fulfils this role. On the Willful Ignorance View, white ignorance refers to white individuals’ willful ignorance about racial injustice. On the Cognitivist View, white ignorance refers to ignorance resulting from social practices that distribute faulty cognitive resources. On the Structuralist View, white ignorance refers to ignorance that (1) results as part of a social process that (...) systematically gives rise to racial injustice, and (2) is an active player in the process. I argue that, because of its greater power and flexibility, the Structuralist View better explains the patterns of ignorance that we observe, better illuminates the connection to white racial domination, and is overall better suited to the project of ameliorating racial injustice. As such, the Structuralist View should be preferred. (shrink)

Theories of epistemic justification are commonly assessed by exploring their predictions about particular hypothetical cases – predictions as to whether justification is present or absent in this or that case. With a few exceptions, it is much less common for theories of epistemic justification to be assessed by exploring their predictions about logical principles. The exceptions are a handful of ‘closure’ principles, which have received a lot of attention, and which certain theories of justification are well known to invalidate. But (...) these closure principles are only a small sample of the logical principles that we might consider. In this paper, I will outline four further logical principles that plausibly hold for justification and two which plausibly do not. While my primary aim is just to put these principles forward, I will use them to evaluate some different approaches to justification and (tentatively) conclude that a ‘normic’ theory of justification best captures its logic. (shrink)

A de minimis risk is defined as a risk that is so small that it may be legitimately ignored when making a decision. While ignoring small risks is common in our day-to-day decision making, attempts to introduce the notion of a de minimis risk into the framework of decision theory have run up against a series of well-known difficulties. In this paper, I will develop an enriched decision theoretic framework that is capable of overcoming two major obstacles to the modelling (...) of de minimis risk. The key move is to introduce, into decision theory, a non-probabilistic conception of risk known as normic risk. (shrink)

Is it right to convict a person of a crime on the basis of purely statistical evidence? Many who have considered this question agree that it is not, posing a direct challenge to legal probabilism – the claim that the criminal standard of proof should be understood in terms of a high probability threshold. Some defenders of legal probabilism have, however, held their ground: Schoeman (1987) argues that there are no clear epistemic or moral problems with convictions based on purely (...) statistical evidence, and speculates that our aversion to such convictions may be nothing more than an irrational bias. More recently, Hedden and Colyvan (2019, section VI) describe our reluctance to convict on the basis of purely statistical evidence as an ‘intuition’, but suggest that there may be no ‘in principle’ problem with such convictions (see also Papineau, forthcoming, section 6). In this paper, I argue that there is, in some cases, an in principle problem with a conviction based upon statistical evidence alone – namely, it commits us to a precedent which, if consistently followed through, could lead to the deliberate conviction of an innocent person. I conclude with some reflections on the idea that the criminal justice system should strive to maximise the accuracy of its verdicts – and the related idea that we should each strive to maximise the accuracy of our beliefs. (shrink)

The educational philosophies of John Dewey, Paulo Freire and Tsunesaburo Makiguchi were born at different times and in different cultures but the themes they propound resonate with the ordinary people. Although there are ideas that are unique to each philosophy, this paper tries to uncover the themes that are similar in them. The purpose to uncovering these themes is to try in some way to form a unifying force that opens a path to making the ideas rather than the person (...) resonate among people. The three philosophers were not interested in recognition but rather sought the welfare of their fellow human beings as their purpose. As such, their hope was that their ideas would be turned to action by people rather than adoration of their philosophies. Increasingly, educators are seeking ways to harmonize their ideas and ideals with other educators in order to build a strong counterbalance to the historically prevalent divisive and prejudicial societal structures that inhibit human development. Paolo Freire points out that such a counterbalance would ultimately benefit the oppressed and the oppressor. In order to accomplish this, educators will need to put aside small philosophical differences and focus on the more meaningful themes that unite them. The interconnectedness of humanity and nature is becoming increasingly apparent in all realms of human activity. Future research and educational work must begin to turn away from its divisive nature and look for themes of harmony within and between disciplines. Instead of looking for ways to reject each other we need to research ways of uniting each other, not only for our own sake but for the sake are future generations. (shrink)

A ‘lottery belief’ is a belief that a particular ticket has lost a large, fair lottery, based on nothing more than the odds against it winning. The lottery paradox brings out a tension between the idea that lottery beliefs are justified and the idea that that one can always justifiably believe the deductive consequences of things that one justifiably believes – what is sometimes called the principle of closure. Many philosophers have treated the lottery paradox as an argument against the (...) second idea – but I make a case here that it is the first idea that should be given up. As I shall show, there are a number of independent arguments for denying that lottery beliefs are justified. (shrink)

I develop a puzzle, the resolution of which, I argue, requires an unfamiliar distinction between two forms or senses of metaphysical modality, each bearing a different relationship to time. In one sense of ‘metaphysically possible’, it is metaphysically possible for it to be a time other than the time it is now; in another sense, this is not metaphysically possible.

In this paper I respond to Marcello Di Bello’s criticisms of the ‘normic account’ of the criminal standard of proof. In so doing, I further elaborate on what the normic account predicts about certain significant legal categories of evidence, including DNA and fingerprint evidence and eyewitness identifications.