In his note 'Paul Russell on Hume's "Reconciling Project"' {Mind, 1984, pp. 587-8) Professor Flew makes two criticisms of my note 'On the Naturalism of Hume's "Reconciling Project"' {Mind, 1983, pp. 593-600). They are: (1) that 'nowhere does Russell take note of the fact that Hume left us two treatments "Of Liberty and Necessity", two treatments which are at least in emphases andtone of presentation very different'; and (2) that I must be 'prepared to offer and to defend some alternative (...) reading' of the first three paragraphs of the first Enquiry discussion 'Of Liberty and Necessity' where Hume suggests that 'the wholecontroversy has hitherto turned merely upon words' {EHU, p. 81—my emphasis: this and later page references are to the Selby-Bigge editions). As regards the first criticism, I refer the reader to my second footnote where I do in fact, quite explicitly, note that Hume left us two treatments 'Of Liberty and Necessity'. In this footnote I point out that my description of Hume's arguments as compattbtltst arguments 'accords somewhat more with the "reconciling" spirit of the Enquiry than with that of the Treatise where Hume tends to identify liberty with liberty of indifference' (p. 593). Obviously in any discussion note there is limited space, and therefore I could not discuss at length complexities which were not of immediate relevance to my alternative interpretation. However, contrary to what Flew claims, I do mention that there are two treatments and that they differ in emphases and tone. (shrink)

Epistemic two-dimensional semantics, advocated by Chalmers and Jackson, among others, aims to restore the link between necessity and a priority seemingly broken by Kripke, by showing how armchair access to semantic intensions provides a basis for knowledge of necessary a posteriori truths. The most compelling objections to E2D are that, for one or other reason, the requisite intensions are not accessible from the armchair. As we substantiate here, existing versions of E2D are indeed subject to such access-based objections. But, we (...) moreover argue, the difficulty lies not with E2D but with the typically presupposed conceiving-based epistemology of intensions. Freed from that epistemology, and given the right alternative—one where inference to the best explanation provides the operative guide to intensions—E2D can meet access-based objections, and fulfill its promise of restoring the desirable link between necessity and a priority. This result serves as a central application of Biggs and Wilson, according to which abduction is an a priori mode of inference. (shrink)

We explore the role of episodic imagining in explaining why people both differentially report that it seems to them in experience as though time robustly passes, and why they differentially report that they believe that time does in fact robustly pass. We empirically investigate two hypotheses, the differential vividness hypothesis, and the mental time travel hypothesis. According to each of these, the degree to which people vividly episodically imagine past/future states of affairs influences their tendency to report that it seems (...) to them as though time robustly passes and to judge that time does robustly pass. According to the former, a greater degree of vividness will tend to increase the extent to which people make such reports, while according to the latter, it will tend to decrease the extent to which people make such reports. We found weak evidence in favour of the former hypothesis. We reflect on the implications of this finding for theorising about such reports. (shrink)

This paper investigates the role of visual experience in Wittgenstein's work. The specific thesis is that visual experience provides not only diverse illustrative examples of what could be an explanation of meaning, but that it also provides a recurrent metaphor for the whole process of meaning and understanding. Wittgenstein uses a great number of visual examples in his texts. Their diversity may be accounted for by the great diversity of ways in which he attempts to describe the relationship between a (...) word and its meaning. The resultant variety of visual examples may be summarised by what I call the Visual Discontinuity Thesis. However, beneath this diversity there lies a thread of continuity. This is provided by the persistent use of visual experience in the description of the word-meaning relation. This use underlies the projection relationship of the Tractatus and the "seeing-as" relationship of the Investigations. This recurrent visual metaphor may be summarised by what I call the Visual Continuity Thesis. This paper presents the latter thesis in the context of a description of the former. (shrink)

Designer babies are often presented in the popular media as a kind of apocalyptical spectre of things to come in a brave new world where reproduction is the province of white coated scientists and potential parents in pursuit of trophy children. In this realm physical, intellectual, and social perfection is sought through the manipulation of genes and selection of favoured traits and attributes to the detriment of individuals who cannot compete and of society more generally through the loss of natural (...) selection. It is therefore a pleasure to discover a short readable book that sets out the discussion and its many nuances in concise and accurate terms that will be accessible to all and should help to dispel some of these science fiction myths through scholarly debate.This volume is part of a collection of books under the title Debating Matters that sprang out of a series of public debates organised by the Institute of Ideas. The conferences were intended to reinvigorate debate and the contestation of ideas and contemporary issues the Institute regards as “too frequently sidelined”. The arguments are presented by an authoritative who’s who of commentators who offer their own insightful readings of various aspects of the debate. Each essayist confirms the fact that the term “ designer babies ” is an inaccurate reflection of the current ability of science to actively fashion children with selected characteristics, and as a result …. (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.

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)

We perceive in many ways. But several dubious presuppositions about the senses mask this diversity of perception. Philosophers, scientists, and engineers alike too often presuppose that the senses (vision, audition, etc.) are independent sources of information, perception being a sum of these independent contributions. We too often presuppose that we can generalize from vision to other senses. We too often presuppose that vision itself is best understood as a passive receptacle for an image thrown by a lens. In this essay (...) we illustrate how reflection on results from the cognitive sciences undermine these (and many other) traditional presuppositions. Our illustration situates the remaining essays in the volume, Perception and its Modalities, which further extend the case against various traditional presuppositions, and offer alternatives ways to understand the senses and their role in perception. While many of the essays in this volume represent competing views and draw on different fields, from conceptual analysis to engineering, most contributors believe that to understand perception properly, we need to treat as foundational the idea that the senses work together. From that agreement, new paradigms for theorizing about perception begin to emerge. (shrink)

Group agents like businesses, political parties, universities, and charity organisations dominate our social and political landscapes. Their activities dictate our legal structures, the availability of education and healthcare, and our collective leap into climate crisis. Hence, it is crucial that we understand both the norms of these group agents and how these norms arise. will argue for applying the organisational account of normativity to group agents as the best means to achieve this understanding. Roughly, the organisational account says that the (...) norms of an agent are determined by that agent’s structure insofar as that structure dictates both what the agent is capable of and what is necessary for its persistence in its present environment. I argue that expanding the organisational account to group agents best positions us to understand both what a group’s norms are and how they arise. I suggest that the organisational account provides us with a powerful tool for addressing unjust collective behaviours in the social and political spheres. (shrink)

There are no established conventions for, and few examples of, indexing visual material on the basis of its form. Most image databases use keywords to describe the form or function, and access data by text-based retrieval of these keywords. An image-based approach would order the data by appearance, e.g. Shepherd (1971) and Dreyfuss (1972). A taxonomy must be created in order to apply this technique to a new data set. Previous applications have been aided by certain limiting factors on the (...) possible range of images indexed thus providing the key to a taxonomy, e.g. international pictorial signs in Dreyfuss. A fundamental principle which may be inferred from these studies is that the taxonomy needs to be related to the needs of the user, and not solely to abstract features of design. This is reflected in guidelines issued by the UK organisation The Society of Indexers. The studies also suggest the need for several approaches to classification within the same data set, e.g Dreyfuss, in which signs are located under more than one heading. (shrink)

This article is an account of an electronic discussion which took place between November 1995 and June 1996. A number of specialists in relevant research areas had been invited to take part in the discussion from the very beginning, and some were added later. Altogether 30 individuals subscribed to the list. The “target paper,” written by Allen Renear, was sent to the list on November 27, 1995. The target paper alone comprised 8,500 words. The ensuing discussion, to which 9 of (...) the members on the list made one or more individual contributions, comprises 30 entries of altogether 37,000 words. It is the function of this printed article to provide a brief summary and a key to the full electronic discussion which accompanies it. (shrink)

Philosophers have routinely taken a pessimistic view of the account of cognition offered by David Hume in his Treatise of Human Nature, claiming that Hume's limited explanatory resources cannot capture the rich complexity of our thought, judgment, and reasoning. I provide a qualified defense of Hume's attempt to analyze a cognitive activity in terms of objectual conception, ie conceiving or imagining an object. I defend Hume from objections offered by his contemporary Thomas Reid (and echoed by various recent Hume scholars), (...) presenting an interpretation of the account that resolves these worries. (shrink)

The High Court continues to exercise its inherent jurisdiction to make declarations about interventions into the lives of situationally vulnerable adults with mental capacity. In light of protective responses of health care providers and the courts to decision-making situations involving capacitous vulnerable adults, this paper has two aims. The first is diagnostic. The second is normative. The first aim is to identify the harms to a capacitous vulnerable adult’s autonomy that arise on the basis of the characterisation of situational vulnerability (...) and autonomy as fundamentally opposed concepts or the failure to adequately acknowledge the conceptual relationship between them at common law. The second part of this aim is to draw upon developments in analytic feminist philosophy to illustrate how standard approaches to autonomy are ill-equipped to capture the autonomy issues of capacitous vulnerable adults when their decisions regarding care and treatment are at stake. The second (normative) aim is to develop an account of self-authorised, intersubjective autonomy on the basis of analytic feminist insights into the relational practices of recognition. This account not only attempts to capture the autonomy of capacitous vulnerable adults and account for the necessary harms to their autonomy that arise from standard common law responses to their situational vulnerability, it is also predicated on the distinctions between mental capacity, the satisfaction of conditions for informed consent and the exercise of autonomy, meaning that it is better placed to fulfil the primary aim of the inherent jurisdiction – to facilitate the autonomy of vulnerable adults with capacity. (shrink)

Vision often dominates other perceptual modalities both at the level of experience and at the level of judgment. In the well-known McGurk effect, for example, one’s auditory experience is consistent with the visual stimuli but not the auditory stimuli, and naïve subjects’ judgments follow their experience. Structurally similar effects occur for other modalities (e.g. rubber hand illusions). Given the robustness of this visual dominance, one might not be surprised that visual imagery often dominates imagery in other modalities. One might be (...) surprised, however, that visual imagery often dominates perception in other modalities. This more controversial claim is motivated both by empirical data and by introspection. Some think of perception-perception visual dominance as epistemically good, holding that cases in which visual dominance misleads us (e.g. McGurk and rubber hand illusions) are cases in which the perceptual system resolves conflicts according to principles that are generally reliable. Here, we explore support for the more controversial claim that imagery-perception visual dominance is epistemically good. We suggest that, when the task is richly spatial, requiring for optimal performance the all-at-once identification of macro-spatial and allocentric properties (e.g. identifying the shape or location of a felt or heard object), the visual, whether perception or imagination, should dominate other modalities. Put another way, when identifying objects, one should go and look or, short of that, visually imagine candidate objects, and then follow the visual, even against conflicting perceptions from other modalities. For this broadly-typed category of of cognitive-perceptual task, vision does dominate and it should. (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)

Being able to ask others to do things, and thereby giving them reasons to do those things, is a prominent feature of our interpersonal lives. In this paper, I discuss the distinctive normative status of requests – what makes them different from commands and demands. I argue for a theory of this normative phenomenon which explains the sense in which the reasons presented in requests are a matter of discretion. This discretionary quality, I argue, is something that other theories cannot (...) accommodate, though it is a significant aspect of the relations that people stand in to one another, and the kinds of practical reasons that flow from those relations. (shrink)

Several philosophers have suggested that certain aspects of people’s experience of agency partly explains why people tend to report that it seems to them, in perceptual experience, as though time robustly passes. In turn, it has been suggested that people come to believe that time robustly passes on the basis of its seeming to them in experience that it does. We argue that what require explaining is not just that people report that it seems to them as though time robustly (...) passes, and that they believe that it does, but rather, the substantial variation (a) in people’s reports regarding whether it seems as though time robustly passes, and (b) their beliefs about whether time robustly passes. We empirically investigate the agentive explanation of (a), according to which variation in people’s agentive experiences explains variation in people’s reports regarding whether it seems to them as though time robustly passes. We also empirically investigate the experiential seeming explanation of belief, according to which variation in people’s beliefs about whether time robustly passes is explained by variation in their reports regarding whether it seems in experience as though time robustly passes. We found empirical support for the agentive explanation, but not for the experiential seeming explanation of passage beliefs. We consider the implications of our results for three views about temporal experience and temporal beliefs: dynamism, passage illusionism and deflationism. (shrink)

In “The Open Future” (2021) Patrick Todd argues that the future is open, and that as a consequence all future contingents are false (as opposed to the more common view that they are neither true nor false). Very roughly, this latter claim is motivated by the idea that (a) presentism is true, and so future (and indeed past) things do not exist and (b) if future things do not exist, then the only thing that could ground there being future tensed (...) facts, and hence make those future tensed claims true, is the present and the laws of nature. But (c) the present and the laws of nature cannot ground there being future tensed facts because they do not necessitate there being any such fact. Hence future tensed claims are all false. Todd then goes on to present a semantics for his version of the open future on which all future contingents are false. In what follows we take up two strands of Todd’s view. First, we begin, in Section 2, by outlining Todd’s argument that future contingents are all false. We suggest that the considerations that Todd adduces for this conclusion do not support this being so. Then in Section 3 we consider the semantics that Todd offers, and argue that it yields implausible consequences. (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 entry summarizes an emerging subdiscipline of both empirical bioethics and experimental philosophy (“x-phi”) which has variously been referred to as experimental philosophical bioethics, experimental bioethics, or simply “bioxphi”. Like empirical bioethics, bioxphi uses data-driven research methods to capture what various stakeholders think (feel, judge, etc.) about moral issues of relevance to bioethics. However, like its other parent discipline of x-phi, bioxphi tends to favor experiment-based designs drawn from the cognitive sciences – including psychology, neuroscience, and behavioral economics – to (...) tease out why and how stakeholders think as they do. (shrink)

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

A Zoom discussion about racism and ableism in philosophy.

The practice of assigning authorship for a scientific publication tends to raise two normative questions: 1) ‘who should be credited as an author?’; 2) ‘who should not be credited as an author but should still be acknowledged?’. With the publication of the revised version of The European Code of Conduct for Research Integrity (ECCRI), standard answers to these questions have been called into question. This article examines the ways in which the ECCRI approaches these two questions and compares these approaches (...) to standard definitions of ‘authorship’ and ‘acknowledgment’ in guidelines issued by the International Committee of Medical Journal Editors (ICMJE) and the World Association of Medical Editors (WAME). In light of two scenarios and the problems posed by these kinds of ‘real-world’ examples, we recommend specific revisions to the content of the ECCRI in order not only to provide a more detailed account of the tasks deserving of acknowledgment, but to improve the Code’s current definition of authorship. (shrink)

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

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)

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)

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)

Care after research is for participants after they have finished the study. Often it is NHS-provided healthcare for the medical condition that the study addresses. Sometimes it includes the study intervention, whether funded and supplied by the study sponsor, NHS or other party. The NHS has the primary responsibility for care after research. However, researchers are responsible at least for explaining and justifying what will happen to participants once they have finished. RECs are responsible for considering the arrangements. There are (...) ethical and practical issues, in particular when participants may wish to continue on the study intervention after the study. There are also various guidelines and legislation. This document presents a framework of questions to help NHS RECs and their applicants. Information on this document’s development is here. (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)

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)

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)

Legal concepts can sometimes be unclear, leading to disagreements concerning their contents and inconsistencies in their application. At other times, the legal application of a concept can be entirely clear, sharp, and free of confusions, yet conflict with the ways in which ordinary people or other relevant stakeholders think about the concept. The aim of this chapter is to investigate the role of experimental jurisprudence in articulating and, ultimately, dealing with competing conceptual inferences either within a specific domain (e.g., legal (...) practice) or between, for example, ordinary people and legal practitioners. Although this chapter affirms the widespread assumption that experimental jurisprudence cannot, in and of itself, tell us which concepts should be applied at law, it highlights some of the contributions that experimental jurisprudence can, in principle, make to normative projects that seek to prescribe, reform, or otherwise engineer legal concepts. Thus, there is more that experimental jurisprudence can normatively offer than has usually been claimed. (shrink)

This paper aims to contribute a design-focused perspective on the ‘alternative paradigm research’ discussion. To clarify the aspect of ‘design-focus’ that we wish to refer to, we will use the term ‘areas of design practice’ to cover those activities that focus on the conception and production of artefacts, in contrast to the activities of theorizing and writing histories. The literature on academic research in areas of design practice encompasses a board range of subjects and terminology -- it refers to the (...) creative and performing arts, the arts, design, etc., however what we take to be common in the literature is an interest in research involving the creation of original artefacts. In this paper, we cluster together the currently academicized, previously vocational areas. -/- We claim that researchers in different disciplines operate in different research paradigms owing to different worldviews. A worldview is determined by a set of foundational beliefs that are taken on faith, and a research paradigm is defined by axioms and assumptions that are a consequence of that worldview. For example, the scientific view of the world is that it exists independently from the individual and the individual’s thoughts about it; and it is possible to find out objective facts about the world by following certain procedures. This worldview conditions a research paradigm with an ontology of a real external world; that methodologically the data that is collected in procedurally appropriate ways will yield objective facts about that world; and that epistemologically the researcher stands in a disengaged relation to the world that is being investigated. The procedures that are regarded as appropriate within a particular research paradigm form the research models that are acceptable in that paradigm, and these research models determine what one should do in order to extend knowledge in a particular subject. Of course, the scientific worldview is not the only one, and this paper will contrast it to the design worldview as indicating the emergence of a unique research paradigm. -/- The relationship between a community’s worldview and the academic models that it adopts may be functional or dysfunctional. We claim that the relationship in the areas of design practice is often dysfunctional. This is because the academic model has not developed authentically in relation to its fundamental beliefs, but has done so in response to external forces for academicization. When pushed into the academy, areas of design practice did not possess their own academic models that were effectively linked to its worldview. We claim that, as a result, these areas simply co-opted research models from other disciplines. -/- The paper proposes a rationalistic approach for investigating the relationship between worldview and research paradigm -- between fundamental beliefs, theoretical concepts and methodology in research models. The rationalistic approach enables a critique, which reveals that there are indeed problematic issues with adopting academic models from other research paradigms in an uncritical way, and concludes that areas of design practice should be investigated as an example of a distinct worldview. (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)

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.

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)

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)

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.

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)

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)

Review of 'What is Political Philosophy?' by Charles Larmore, Princeton University Press 2020.

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.