Uno dei principali problemi nello studio della mente e della sua "collocazione" consiste nell'identificazione del corretto Livello di Astrazione a cui le varie descrizioni fenomeniche e le corrispondenti ipotesi esplicative possono essere sviluppate e confrontate. L'articolo contribuisce all'attuale dibattito metodologico in filosofia della mente analizzando due nozioni fondative, quella di modello e quella di simulazione, sulla base del concetto di Livello di Astrazione. L'ambito è quello del Metodo delle Astrazioni, proposto in Floridi e Sanders [2003]. Il Metodo delle Astrazioni si (...) basa su una particolare branca dell'informatica teorica, quella dei Metodi Formali (Roever e Engelhardt [1998]; Woodcock e Davies [1996]), dove la matematica discreta è utilizzata per descrivere analiticamente le specifiche del comportamento di sistemi che elaborano informazioni. I sistemi sono descritti in termini di osservabili e regole di transizione, cioè come sistemi di transizione. Le descrizioni comportano l'utilizzo di variabili che rappresentano osservabili nella realtà, astraendo da altri eventuali osservabili. L'idea di fondo del Metodo delle Astrazioni è che tale processo di filtraggio sia ineliminabile in qualsiasi accesso alla realtà. Il tentativo di sondare un sistema in maggiore profondità produce una maggiore astrazione delle teorie e degli oggetti teorici che descrivono tale sistema. Il Metodo delle Astrazioni si presenta quindi come uno strumento per organizzare e chiarificare le varie teorie che intendono fornire una spiegazione della realtà o della conoscenza. La principale tesi dell'articolo è che "modello" e "simulazione" non possano essere pensati come nozioni a sé stanti, ma che la loro natura possa essere chiarita nei termini di tipi di relazioni tra sistemi di transizione. Nello specifico, si argomenta che la relazione di simulazione è una relazione tra gli osservabili di sistemi di transizione, mentre il modello è una relazione tra le regole di transizione di questi sistemi. Dati questi due nuovi tipi di relazioni, è possibile arricchire con ulteriori strutture di analisi il Metodo delle Astrazioni, estendendo la sua applicabilità. Queste strutture sono discusse nell'articolo come "Reti di Astrazione". (shrink)

La convinzione che la corretta comprensione della filosofia di Giordano Bruno sia imprescindibile dal tempo e dal luogo in cui il testo venne scritto è il principio ispiratore dell’originale metodo di ricerca di Guido del Giudice. Questa antologia, che raccoglie per la prima volta tutte le epistole dedicatorie delle opere latine, giunge a coronamento di un lavoro decennale dell’autore.

Many people regularly watch horror films. While it seems clear that sporadically watching horror films will not make us bad people, if it is the main type of media that we consume, then are we still safe? I will defend most horror films from Di Muzio (2006), who worries that we are harming our moral character by watching them. Most horror films (e.g., Candyman, Get Out, and Scream) fall into what I call the summit of safe horror (SoSH), the (...) inverse of the uncanny valley effect, wherein almost-but-not-quite-human robots elicit discomfort from viewers rather than empathy. In the SoSH, violence elicits excitement rather than pity for the victims because the violence is mitigated by, among other things, comic relief and foolish choices by the characters. These narrative features allow most horror films to be intense enough to cause excitement and terror yet not so intense as to cause a negative moral attitude to form in our soul, because we feel what Aristotle would consider the appropriate amount of fear. Torture porn, a subset of horror films lacking plot and focus solely on gore (e.g., the Saw sequels), falls outside of the SoSH because it lacks these narrative features, making the violence depicted too intense to be entertaining. These films outside the SoSH will not necessarily cause an inappropriate amount of fear but are simply the only ones that could possibly do so. Caution: spoilers ahead! (shrink)

In this paper, we report on an experiment with The Walking Dead (TWD), which is a narrative-driven adventure game with morally charged decisions set in a post-apocalyptic world filled with zombies. This study aimed to identify physiological markers of moral decisions and non-moral decisions using infrared thermal imaging (ITI). ITI is a non-invasive tool used to capture thermal variations due to blood flow in specific body regions that might be caused by sympathetic activity. Results show that moral decisions seem to (...) elicit a significant decrease in temperature in the chin region 20 seconds after participants are presented with a moral decision. However, given the small sample involved, and the lack of significance in other regions, future studies might be needed to confirm the results obtained in this work. (shrink)

In this paper, we report on the development of The Sustainable Port video game, which aims to simulate the complex dynamics and decisions occurring in the present and future development of a port area considering environmental aspects (CO2 emissions) and profit. To evaluate if this game fulfills its purpose, we asked 75 students and 34 employees at the Port of Rotterdam (PoR) to play The Sustainable Port. Our results show that PoR employees score higher than students suggesting a transfer between (...) real-life experience of being an employee in the port and performance in the game. Furthermore, port participants reported that The Sustainable Port can be successfully used to start discussions about the future of the Port of Rotterdam and to raise awareness about the complexity characterizing the decision-making processes occurring in a port environment. Our results, taken together, provide evidence of the effectiveness of The Sustainable Port in simulating dynamics occurring in port development and give us optimism about future applications. (shrink)

This study aimed to evaluate if eye blinks can be used to discriminate players with different performance in a session of Nintendo Entertainment System (NES) Tetris. To that end, we developed a state-of-the-art method for blink extraction from EAR measures, which is robust enough to be used with data collected by a low-grade webcam such as the ones widely available on laptop computers. Our results show a significant decrease in blink rate per minute (blinks/m) during the first minute of playing (...) Tetris. After having defined 3 groups of proficiency based on in-game performance (Novices, Intermediates, and Experts) we found out that expert players display a significantly lower decrease in blinks/m compared to novices during the first minute of gameplay, which shows that Tetris players' proficiency can be detected by looking at eye blinks/m variations during the early phase of a game session. This difference in blinks/m is observed throughout the entire game session, which supports the general conclusion that proficient Tetris players have a lower decrease in blinks/m, even when playing more difficult levels. Finally, we offer some interpretations of this effect and the relationship that our results may have with the visual cognitive workload experienced during the gameplay. (shrink)

In the wake of high profile and recent events of blatant privacy violations, which also raise issues of democratic accountability as well as, at least potentially, undermining the legitimacy of current local and international governance arrangements, a rethinking of the justification of the right to privacy is proposed. In this paper, the case of the violation of the privacy of a bullied autistic youngster and the consequent prosecution of 3 Google executives will be discussed first. We will then analyse the (...) arguments made by both academic experts and pundits who agree with Google’s claim that if the first sentence had been left unchallenged, it would have opened the floodgates to several other jurisdictions that would as a consequence have used it as a pretext to increase control on the internet, jeopardising in such a way free speech, which has been seen so far as an inalienable right which should not be censored. Finally, by going beyond the sentences and their immediate contexts, we will propose a theoretical justification of our analysis. Our main claim is that the value of the right to privacy is based on the argument that its violation would undermine citizens’ capacity to participate effectively in democratic politics. (shrink)

In this study, we predict the different levels of performance in a Nintendo Entertainment System (NES) Tetris session based on the score and the number of matches played by the players. Using the first 45 seconds of gameplay, a Random Forest Classifier was trained on the five keys used in the game obtaining a ROC_AUC score of 0.80. Further analysis revealed that the number of down keys (forced drop) and the number of left keys (left translation) are the most relevant (...) keys in this task, showing that by merely including the data from these two keys our Random Forest Classifier reached a ROC_AUC score of 0.83.We conclude that the keylogger data during the early phases of a game session can be successfully used to predict performance in longer sessions of Tetris. (shrink)

We argue that legal argumentation, as the subject matter as well as a special subfield of Argumentation Studies (AS), has to be examined by making skilled use of the full panoply of tools such as argumentation and story schemes which are at the forefront of current work in AS. In reviewing the literature, we make explicit our own methodological choices (particularly regarding the place of normative deliberation in practical reasoning) and then illustrate the implications of such an approach through the (...) analysis of a case study in the English law of evidence. We argue that a clear distinction must be drawn between practical argumentation and stories. Because of the institutional separation between legal judgment and fact-finding in common-law jury trials, we argue for the combination of argument and story-based analysis. (shrink)

In this paper we introduce three methods to approach philosophical problems informationally: Minimalism, the Method of Abstraction and Constructionism. Minimalism considers the specifications of the starting problems and systems that are tractable for a philosophical analysis. The Method of Abstraction describes the process of making explicit the level of abstraction at which a system is observed and investigated. Constructionism provides a series of principles that the investigation of the problem must fulfil once it has been fully characterised by the previous (...) two methods. For each method, we also provide an application: the problem of visual perception, functionalism, and the Turing Test, respectively. (shrink)

In juxtaposition with the myth and tragedy of Ovid’s Medea, this paper investigates the possibility within the Kantian conception of agency of understanding moral evil as acting against one’s better judgment. It defends the thesis that in Kant self-deception, i. e. the intentional untruthfulness to oneself, provides the fundamental structure for choosing against the moral law. I argue that, as Kant’s thought progresses, self-deception slowly proceeds to become the paradigmatic case of moral evil. This is discussed with regard to two (...) important topics in his later moral philosophy: the doctrine of radical evil and the crucial role of the duty of truthfulness in ethics. The inquiry into Kant’s theory of conscience unfolds both against this theoretical background and in light of its historical roots in the polemic against casuistry and probabilism. This contribution closes with a brief look at the tools Kant implements to counter this tendency to self-deception in moral judgment and particularly at the role casuistry plays within his conception of moral education. (shrink)

In this study, we extracted facial action units (AUs) data during a Hearthstone tournament to investigate behavioural differences between expert, intermediate, and novice players. Our aim was to obtain insights into the nature of expertise and how it may be tracked using non-invasive methods such as AUs. These insights may shed light on the endogenous responses in the player and at the same time may provide information to the opponents during a competition. Our results show that player expertise may be (...) characterised by specific patterns in facial expressions. More specifically, AU17 (chin raiser), AU25 (lips apart), and AU26 (jaws drop) intensity responses during gameplay may vary according to players' expertise. Such results were obtained by training a random forest classifier to test whether we can use these three AUs alone to accurately detect players' expertise. The classifier reached 0.75 accuracy on 5-fold cross-validation, after balancing the class weights, and 0.85 after having applied the Synthetic Minority Over-sampling Technique (SMOTE) function. These results suggest that AUs can be effectively used to discriminate different levels of expertise in competitive video game players. (shrink)

On the basis of the conception of aesthetic imagination derived from evolutionary psychology, cognitive psychology, and social cognitive neuroscience, today it is possible - and more appropriate - to invert the traditional view of anthropologists and archeologists that conceives the arts (from the early pre-historic arts) as mere instruments supporting religious beliefs, practices, and rituals.

This article aims to evaluate the contribution of Bentham’s ideas to the jurisprudential debate in view of their relevance vis a vis their contemporary reception. The focus is on Bentham’s revolutionary idea of publicity with its spill-over effects on contemporary debates on the rule of law and accountable and transparent governance. As far as the method is concerned, after having examined Bentham’s ideas on the rule of law and the debate they raised, the focus in the second section of this (...) article is specifically on his conception of publicity. Some critical remarks then show that Bentham’s focus on publicity and transparency has been rightly interpreted in the contemporary debate as an important contribution. However, it is their justification that it is judged to be problematic. In fact, the assessment of the fundamental importance of publicity for the rule of law and transparent and accountable governance leads to a critical engagement with contemporary readings of Bentham’s scholarship, in primis that of Gerald Postema, with a development of the latter’s republican interpretation. The direction of travel that is proposed is towards a more liberal republicanism. The article not only shows how Bentham’s contribution should be revaluated in view of contemporary interpretations, but also proposes directions for further research developments according to which contemporary conceptions of regulation need to take a reflexive turn while aiming at legitimate legality at the same time. (shrink)

In this study, we analyzed the blinking behavior of players in a video game tournament. Our aim was to test whether spontaneous blink patterns differ across levels of expertise. We used blink rate, blink duration, blink frequency, and eyelid movements represented by the Eye Aspect Ratio (EAR) to train a machine learning classifier to discriminate between different levels of expertise. Classifier performance was highly influenced by features such as the mean, standard deviation and median EAR. Moreover, further analysis suggests that (...) blinking rate and blink duration are likely to increase along with the level of expertise. We speculate this may be indicative of a reduction in cognitive load and lowered stress of expert players. In general, our results suggest that EAR and blink patterns can be used to identify different levels of expertise of video game players. (shrink)

The debate on the argumentative turn in Public Policy and Administration (PPA), as reflective of the influence of politico-legal theory on the discipline, is reviewed with a thorough and indepth engagement with the Argumentation Theory (AT) literature. The focus in this article is in fact of a methodological nature since we argue that critical scholars - who have contributed to the general and specialized (i.e. political discourse analysis and critical contextualism) literature of AT as well as politico-legal theory - pave (...) the way to a novel methodology which will be exemplified through the analysis of the transparency concept. (shrink)

In this article we analyse the problem of emergence in its diachronic dimension. In other words, we intend to deal with the generation of novelties in natural processes. Our approach aims at integrating some insights coming from Whitehead’s Philosophy of the Process with the epistemological framework developed by the “autopoietic” tradition. Our thesis is that the emergence of new entities and rules of interaction (new “fields of relatedness”) requires the development of discontinuous models of change. From this standpoint natural evolution (...) can be conceived as a succession of emergences — each one realizing a novel “extended” present, described by distinct models — rather than as a single and continuous dynamics. This theoretical and epistemological framework is particularly suitable to the investigation of the origin of life, an emblematic example of this kind of processes. (shrink)

Some of the manuscripts once part of Giovanni Pico della Mirandola’s collection transmit autograph notes, which have been useful to reconstruct his library. A peculiar case is represented by the notes transmitted in a codex containing the Latin translation of Moses Maimonides’ Guide of the Perplexed. These notes are actual corrections to the translation made mostly on the basis of a comparison with the Hebrew text, while in some other cases they derive from a specific interpretation. The aim of this (...) paper is to present some characteristics of the textual revisions, in particular with reference to the Hebrew source. The palaeographic data demonstrate Pico’s direct involvement, which leads to the question of the authorship of these notes, namely if they were the result of an autonomous work or of a collaboration with some other scholar. (shrink)

In epoca medievale si è molto discusso su alcuni concetti chiave come prova o giustificazione. La teoria della prova contenuta nei trattati di logica medievale prende il nome tecnico di consequentia, che è un tipo di ragionamento fondato sul passaggio dalla concessione (o negazione) di uno o più enunciati denominati antecedenti alla concessione (o negazione) di uno o più enunciati denominati conseguenti. Questo tipo di teoria ha avuto un correlato a livello dei singoli termini che compongono l’enunciato all'interno della teoria (...) nota come suppositio terminorum. Prende, infatti, il nome di descensus, la regola che permette la verifica del passaggio da un termine maggiore (un termine comune) ad un termine minore (che denota individui). La stessa definizione di alcune ramificazioni della teoria della suppositio è col-legata alla possibilità di ammettere o meno il descensus cioè questa "discesa" da un termine comune ad una congiunzione o disgiunzione di termini singolari. Il presente lavoro intende descrivere la teoria del descensus come un tipo particolare di consequentia mostrandone le connessioni con le moderne tecniche logiche. I trattati che si affronteranno appartengono al XIV e al XV secolo, cioè ad un periodo caratterizzato da una sistemazione della materia che li rende confrontabili con un quadro teorico unitario. (shrink)

Thinking is overrated: golfers perform best when distracted and under pressure; firefighters make the right calls without a clue as to why; and you are yourself ill advised to look at your steps as you go down the stairs, or to try and remember your pin number before typing it in. Just do it, mindlessly. Both empirical psychologists and the common man have long worked out that thinking is often a bad idea, but philosophers still hang on to an intellectualist (...) picture of human action. This book challenges that picture and calls on philosophers to wake up to the power of mindlessness: it is our habits, skills and conventions that help us cope with a world way too diverse for us to hope to always reinterpret it. The book presents the empirical evidence that has been accumulating over the last few decades and offers a philosophical analysis of mindless phenomena such as habits, skilled activity, automatic actions, emotional and spontaneous reactions and social conventions, arguing that traditional philosophical theories of action should be revised to do justice to this forgotten but important part of our lives: when we act mindlessly, we are free and fully rational even though we neither deliberate nor are aware of what we are doing. (shrink)

Both Husserl and Sartre speak of quasi-presence in their descriptions of the lived experience of imagination, and for both philosophers, accounting for quasi-presence means developing an account of the hyle proper to imagination. Guided by the perspective of fulfillment, Husserl’s theory of imaginary quasi-presence goes through three stages. Having experimented first with a depiction-model and then a perception-model, Husserl’s mature theory appeals to his innovative conception of inner consciousness. This elegant account nevertheless fails to do justice to the facticity and (...) bodily involvement of our imaginary experience. Sartre’s theory of analogon, based on his conception of imaginary quasi-presence as ‘magical’ self-affection, embodies important insights on these issues. Kinesthetic sensations and feelings are the modes in which we make use of own body to possess and be possessed by the imaginary object, thus lending it a semblance of bodily presence. (shrink)

Judith Jarvis Thomson has recently proposed a new argument for the thesis that killing the one in the Trolley Problem is not permissible. Her argument relies on the introduction of a new scenario, in which the bystander may also sacrifice herself to save the five. Thomson argues that those not willing to sacrifice themselves if they could may not kill the one to save the five. Bryce Huebner and Marc Hauser have recently put Thomson's argument to empirical test by asking (...) people what they should do in the new trilemma case, in which they may also sacrifice themselves. They found that the majority judge that they should either kill the one or sacrifice themselves; Huebner and Hauser argue that those numbers speak against Thomson's argument. But Thomson's argument was about the dialectical effect of the new trilemma on the traditional dilemma, rather than about the trilemma itself. Here I present the results of a study in which I asked subjects first what they should do in the trilemma and then what they should do in the traditional Trolley Problem. I found that, if asked first about the trilemma, subjects then have the intuition that killing the one in the traditional Bystander at the Switch is not permissible?exactly what Thomson's argument had predicted. (shrink)

Ought parents, in general, to value being biologically tied to their children? Is it important, in particular, that both parents be biologically tied to their children? I will address these fundamental questions by looking at a fairly new practice within IVF treatments, so-called IVF-with-ROPA ( Reception of Oocytes from Partner ), which allows lesbian couples to „share motherhood‟ with one partner providing the eggs while the other becomes pregnant. I believe that IVF-with-ROPA is, just like other IVF treatments, morally permissible; (...) but here I argue that the increased biological ties which IVF-with-ROPA allows for do not have any particular value beside the satisfaction of a legitimate wish, because there is no intrinsic value in a biological tie between parents and children; further, I argue that equality within parental projects cannot be achieved by redistributing biological ties. (shrink)

In this paper I argue that there is an important anomaly to the causalist/compatibilist paradigm in the philosophy of action and free will. This anomaly, which to my knowledge has gone unnoticed so far, can be found in the philosophy of Harry Frankfurt. Two of his most important contributions to the field – his influential counterexample to the Principle of Alternate Possibilities and his ‘guidance’ view of action – are incompatible. The importance of this inconsistency goes far beyond the issue (...) of coherence within Frankfurt’s philosophy. I shall argue that this inconsistency represents an important anomaly within the causalist/compatibilist framework; so that we should start to seriously consider having to move on from the established paradigm. (shrink)

I argue that it is possible for prospective mothers to wrong prospective fathers by bearing their child; and that lifting paternal liability for child support does not correct the wrong inflicted to fathers. It is therefore sometimes wrong for prospective mothers to bear a child, or so I argue here. I show that my argument for considering the legitimate interests of prospective fathers is not a unique exception to an obvious right to procreate. It is, rather, part of a growing (...) consensus that procreation can be morally problematic and that generally talking of rights in this context might not be warranted. Finally, I argue that giving up a right to procreate does not imply nor suggest giving up on women’s absolute right to abort, which I defend. (shrink)

I argue that the empirical literature on priming effects does not warrant nor suggest the conclusion, drawn by prominent psychologists such as J. A. Bargh, that we have no free will or less free will than we might think. I focus on a particular experiment by Bargh – the ‘elderly’ stereotype case in which subjects that have been primed with words that remind them of the stereotype of the elderly walk on average slower out of the experiment’s room than control (...) subjects – and I show that we cannot say that subjects cannot help walking slower or that they are not free in doing do. I then illustrate how these cases can be reconciled and normalized within a Davidsonian theory of action to show that, in walking slower, subjects are acting intentionally. My argument applies across various experiments, including those of goal priming. In the final section I argue that the only cases in which priming effects are efficacious are so-called Buridan cases. (shrink)

‘No-fault unbelief’ can be named the view that there are those who do not believe in God through no moral or intellectual fault of their own. This view opposes a more traditional one, which can be named ‘flawed unbelief’ view, according to which religious unbelief signals a cognitive or moral flaw in the non-believer. Since this charge of mental or moral flaw causes a certain uneasiness, I oppose the former view, i.e. ‘no-fault unbelief’, with a strategy that has nothing to (...) do with the latter. I assume that ‘no-fault unbelief’ is correct and show what consequences follow for both unbelievers and believers. I conclude that the assumption in question is superficially beneficial but deeply detrimental to unbelievers, and by contrast, it is superficially detrimental and deeply beneficial to believers. (shrink)

Advances in neuroscience implicate reentrant signaling as the predominant form of communication between brain areas. This principle was used in a series of masking experiments that defy explanation by feed-forward theories. The masking occurs when a brief display of target plus mask is continued with the mask alone. Two masking processes were found: an early process affected by physical factors such as adapting luminance and a later process affected by attentional factors such as set size. This later process is called (...) masking by object substitution, because it occurs whenever there is a mismatch between the reentrant visual representation and the ongoing lower level activity. Iterative reentrant processing was formalized in a computational model that provides an excellent fit to the data. The model provides a more comprehensive account of all forms of visual masking than do the long-held feed-forward views based on inhibitory contour interactions. (shrink)

I defend the argument that if embryo loss in stem cell research is morally problematic, then embryo loss in in vivo conception is similarly morally problematic. According to a recent challenge to this argument, we can distinguish between in vivo embryo loss and the in vitro embryo loss of stem cell research by appealing to the doctrine of double effect. I argue that this challenge fails to show that in vivo embryo loss is a mere unintended side effect while in (...) vitro embryo loss is an intended means and that, even if we refine the challenge by appealing to Michael Bratman's three roles of intention, the distinction is still unwarranted. (shrink)

This chapter analyzes the relationship between methodological individualism (MI) and reductionism. While the latter term is mainly used in reference to MI with a negative meaning, i.e. as a synonym of a naively atomistic and non-structural approach, it is also, though rarely, used to couch MI in terms of a non-atomistic micro-foundationalism that is compatible with systemic explanations (e.g. Elster). This chapter investigates the legitimacy of the pejorative use of the term reductionism with respect to MI. Three points are developed. (...) First, the chapter argues that two different kinds of interpretation of MI in terms of naively atomistic reductionism can be distinguished: one in terms of psychological reductionism and the other in terms of semantic reductionism, the latter of which has a nominalist and an anti-nominalist variant. Second, the chapter explains why the different interpretations of MI in terms of naively atomistic reductionism are unfounded. Third, the chapter analyzes and criticizes the view that MI must be replaced by a new anti-reductionist approach understood as a middle ground between holism and MI. (shrink)

I argue against the Doctrine of Double Effect’s explanation of the moral difference between terror bombing and strategic bombing. I show that the standard thought-experiment of Terror Bomber and Strategic Bomber which dominates this debate is underdetermined in three crucial respects: (1) the non-psychological worlds of Terror Bomber and Strategic Bomber; (2) the psychologies of Terror Bomber and Strategic Bomber; and (3) the structure of the thought-experiment, especially in relation to its similarity with the Trolley Problem. (1) If the two (...) worlds are not identical, then it may be these differences between the two worlds and not the Doctrine of Double Effect to explain the moral difference; (2a) if Terror Bomber and Strategic Bomber have the same causal beliefs, then why does Terror Bomber set out to kill the children? It may then be this unwarranted and immoral choice and not the Doctrine of Double Effect that explains the moral difference; (2b) if the two have different causal beliefs, then we can’t rule out the counterfactual that, had Strategic Bomber had the same beliefs as Terror Bomber, she would have also acted as Terror Bomber did. Finally, (3) the Strategic Bomber scenario could also be constructed so as to be structurally equivalent to the Fat Man scenario in the Trolley Problem: but then the Doctrine of Double Effect would give different answers to two symmetrical cases. (shrink)

I distinguish between 'hard nudges' and 'soft nudges', arguing that it is possible to show that the latter can be compatible with informed consent - as Cohen has recently suggested; but that the real challenge is the compatibility of the former. Hard nudges are the more effective nudges because they work on less than conscious mechanisms such as those underlying our habits: whether those influences - which are often beyond the subject's awareness - can be reconciled with informed consent in (...) health care is the more challenging question. I suggest two directions for possible answers: on the one hand, looking at the growing empirical literature on mindless judgement and behaviour; and on the other hand considering a more diversified conception of consent, which I sketch. (shrink)

Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting other (...) forms of evidence, such as eyewitness, trace, and motive evidence, does not violate equal protection. (shrink)

I show that Pickard’s argument against the irresistibility of addiction fails because her proposed dilemma, according to which either drug-seeking does not count as action or addiction is resistible, is flawed; and that is the case whether or not one endorses Pickard’s controversial definition of action. Briefly, we can easily imagine cases in which drug-seeking meets Pickard’s conditions for agency without thereby implying that the addiction was not irresistible, as when the drug addict may take more than one route to (...) go meet her dealer. (shrink)

Is the wish to be biologically related to your children legitimate? Here, I respond to an argument in support of a negative answer to this question according to which a preference towards having children one is biologically related to is analogous to a preference towards associating with members of one’s own race. I reject this analogy, mainly on the grounds that only the latter constitutes discrimination; still, I conclude that indeed a preference towards children one is biologically related to is (...) morally illegitimate because, in the context of parental love, biological considerations are normatively irrelevant. (shrink)

Smith argues that, unlike other forms of evidence, naked statistical evidence fails to satisfy normic support. This is his solution to the puzzles of statistical evidence in legal proof. This paper focuses on Smith’s claim that DNA evidence in cold-hit cases does not satisfy normic support. I argue that if this claim is correct, virtually no other form of evidence used at trial can satisfy normic support. This is troublesome. I discuss a few ways in which Smith can respond.

Many philosophers have pointed out that statistical evidence, or at least some forms of it, lack desirable epistemic or non-epistemic properties, and that this should make us wary of litigations in which the case against the defendant rests in whole or in part on statistical evidence. Others have responded that such broad reservations about statistical evidence are overly restrictive since appellate courts have expressed nuanced views about statistical evidence. In an effort to clarify and reconcile, I put forward an interpretive (...) analysis of why statistical evidence should raise concerns in some cases but not others. I argue that when there is a mismatch between the specificity of the evidence and the expected specificity of the accusation, statistical evidence—as any other kind of evidence—should be considered insufficient to sustain a conviction. I rely on different stylized court cases to illustrate the explanatory power of this analysis. (shrink)