I propose a distinct type of robustness, which I suggest can support a confirmatory role in scientific reasoning, contrary to the usual philosophical claims. In model robustness, repeated production of the empirically successful model prediction or retrodiction against a background of independentlysupported and varying model constructions, within a group of models containing a shared causal factor, may suggest how confident we can be in the causal factor and predictions/retrodictions, especially once supported by a variety of evidence framework. I present climate (...) models of greenhouse gas global warming of the 20th Century as an example, and emphasize climate scientists’ discussions of robust models and causal aspects. The account is intended as applicable to a broad array of sciences that use complex modeling techniques. (shrink)

As well as disagreeing about how much one should donate to charity, moral theories also disagree about where one should donate. In light of this disagreement, how should the morally uncertain philanthropist allocate her donations? In many cases, one intuitively attractive option is for the philanthropist to split her donations across all of the charities that are recommended by moral views in which she has positive credence, with each charity’s share being proportional to her credence in the moral theories that (...) recommend that particular charity. Despite the fact that something like this approach is already being used by real-world philanthropists to distribute billions of dollars of donations, it is not supported by any of the approaches to moral uncertainty that have been proposed thus-far in the philosophical literature. In this paper, we will develop a bargaining-based approach to moral uncertainty that honors the proportionality intuition in favor of splitting one’s donations. We also show how this bargaining-based approach has several further advantages over the best alternative proposals. (shrink)

This article discusses various dangers that accompany the supposedly benign methods in behavioral evoltutionary biology and evolutionary psychology that fall under the framework of "methodological adaptationism." A "Logic of Research Questions" is proposed that aids in clarifying the reasoning problems that arise due to the framework under critique. The live, and widely practiced, " evolutionary factors" framework is offered as the key comparison and alternative. The article goes beyond the traditional critique of Stephen Jay Gould and Richard C. Lewontin, to (...) present problems such as the disappearance of evidence, the mishandling of the null hypothesis, and failures in scientific reasoning, exemplified by a case from human behavioral ecology. In conclusion the paper shows that "methodological adaptationism" does not deserve its benign reputation. (shrink)

Recent philosophical attention to climate models has highlighted their weaknesses and uncertainties. Here I address the ways that models gain support through observational data. I review examples of model fit, variety of evidence, and independent support for aspects of the models, contrasting my analysis with that of other philosophers. I also investigate model robustness, which often emerges when comparing climate models simulating the same time period or set of conditions. Starting from Michael Weisberg’s analysis of robustness, I conclude that his (...) approach involves a version of reasoning from variety of evidence, enabling this robustness to be a confirmatory virtue.. (shrink)

I discuss two types of evidential problems with the most widely touted experiments in evolutionary psychology, those performed by Leda Cosmides and interpreted by Cosmides and John Tooby. First, and despite Cosmides and Tooby's claims to the contrary, these experiments don't fulfil the standards of evidence of evolutionary biology. Second Cosmides and Tooby claim to have performed a crucial experiment, and to have eliminated rival approaches. Though they claim that their results are consistent with their theory but contradictory to the (...) leading non-evolutionary alternative, Pragmatic Reasoning Schemas theory, I argue that this claim is unsupported. In addition, some of Cosmides and Tooby's interpretations arise from misguided and simplistic understandings of evolutionary biology. While I endorse the incorporation of evolutionary approaches into psychology, I reject the claims of Cosmides and Tooby that a modular approach is the only one supported by evolutionary biology. Lewontin's critical examinations of the applications of adaptationist thinking provide a background of evidentiary standards against which to view the currently fashionable claims of evolutionary psychology. (shrink)

We discuss potential biorisks from large language models (LLMs). AI assistants based on LLMs such as ChatGPT have been shown to significantly reduce barriers to entry for actors wishing to synthesize dangerous, potentially novel pathogens and chemical weapons. The harms from deploying such bioagents could be further magnified by AI-assisted misinformation. We endorse several policy responses to these dangers, including prerelease evaluations of biomedical AIs by subject-matter experts, enhanced surveillance and lab screening procedures, restrictions on AI training data, and access (...) controls on biomedical AI. We conclude with a suggestion about future research directions in bioethics. (shrink)

The emphasis on the limitations of objectivity, in specific guises and networks, has been a continuing theme of contemporary analytic philosophy for the past few decades. The popular sport of baiting feminist philosophers — into pointing to what's left out of objective knowledge, or into describing what methods, exactly, they would offer to replace the powerful objective methods grounding scientific knowledge — embodies a blatant double standard which has the effect of constantly putting feminist epistemologists on the defensive, on the (...) fringes, on the run.This strategy can only work if objectivity is transparent, simple, stable, and clear in its meaning. It most certainly is not. In fact, taking objectivity as a sort of beautiful primitive, self-evident in its value, and all-powerful in its revelatory power, requires careless philosophy, and the best workers in metaphysics, epistemology, and philosophy of science have made reworked definitions of objectivity absolutely central to their own projects. In fact, classic feminist concerns with exploring the impact of sex and gender on knowledge, understanding, and other relations between human beings and the rest of the world fall squarely within the sort of human and social settings thatare already considered central in most current analytic metaphysics, epistemology, and philosophy of science. I argue that the burden of proof is clearly on those who wish toreject the centrality and relevance of sex and gender to our most fundamental philosophical work on knowledge and reality. (shrink)

Today's climate models are supported in a couple of ways that receive little attention from philosophers or climate scientists. In addition to standard 'model fit', wherein a model's simulation is compared to observational data, there is an additional type of confirmation available through the variety of instances of model fit. When a model performs well at fitting first one variable and then another, the probability of the model under some standard confirmation function, say, likelihood, goes up more than under each (...) individual case of fit alone. Thus, two instances of fit of distinct variables of a global climate model using distinct data sets considered collectively will provide stronger evidence for a model than either one of the instances considered individually. This has consequences for model robustness. Sets of models that produce robust results will, if their assumptions vary enough and they each are observationally sound, provide reasons to endorse common structures found in those models. Finally, independent empirical support for aspects and assumptions of the model provides an additional confirmational virtue for climate models, contrary to what is implied by some current philosophical writing on this topic. (shrink)

When natural selection theory was presented, much active philosophical debate, in which Darwin himself participated, centered on its hypothetical nature, its explanatory power, and Darwin's methodology. Upon first examination, Darwin's support of his theory seems to consist of a set of claims pertaining to various aspects of explanatory success. I analyze the support of his method and theory given in the Origin of Species and private correspondence, and conclude that an interpretation focusing on the explanatory strengths of natural selection theory (...) accurately reflects neither Darwin's own self-consciously held views, nor the nature of his support. Darwin's methodological and philosophical arguments were at once consistently empiricist and more sophisticated than such interpretations credit to him. (shrink)

A precise formulation of the structure of modern evolutionary theory has proved elusive. In this paper, I introduce and develop a formal approach to the structure of population genetics, evolutionary theory's most developed sub-theory. Under the semantic approach, used as a framework in this paper, presenting a theory consists in presenting a related family of models. I offer general guidelines and examples for the classification of population genetics models; the defining features of the models are taken to be their state (...) spaces, parameters, and laws. The suggestions regarding the various aspects of the characterization of population genetics models provide an outline for further detailed research. (shrink)

I suggest following Paul Feyerabend's own advice, and interpreting Feyerabend's work in light of the principles laid out by John Stuart Mill. A review of Mill's essay, On Liberty, emphasizes the importance Mill placed on open and critical discussion for the vitality and progress of various aspects of human life, including the pursuit of scientific knowledge. Many of Feyerabend's more unusual stances, I suggest, are best interpreted as attempts to play certain roles--especially the role of "defender of unpopular minority opinion"--that (...) are necessary to fulfilling Mill's conditions for rational exchange and optimal human development. (shrink)

My contribution to this Symposium focuses on the links between sexuality and reproduction from the evolutionary point of view.' The relation between women's sexuality and reproduction is particularly importantb ecause of a vital intersectionb etweenp olitics and biology feminists have noticed, for more than a century, that women's identity is often defined in terms of her reproductive capacity. More recently, in the second wave of the feminist movement in the United States, debates about women'si dentityh ave explicitlyi ncludeds exuality;m uch (...) feminist argument in the late 1960's and early 1970's involved an attempt to separate out an autonomous female sexuality from women's reproductive functions. It is especially relevant, then, to examine biological arguments, particularlye volutionarya rgumentst, o see what they say about whether and how women's sexuality is related to reproduction. We shall find that many evolutionarya rgumentss eem to supportt he direct linkingo f female sexualitya nd reproductionY. et I will argue that this supporti s not well-groundedI. n fact, I think evolutionarye xplanationso f female sexuality exemplify how social beliefs and social agendas can influence very basic biological explanations of fundamental physiological processes. In this paper, I shall spend some time spelling out a few examples in which assumptions about the close link between reproduction and sexuality yield misleading results, then I shall conclude with a discussion of the consequences of this case study for issues in the philosophy of science. (shrink)

Two major clarifications have greatly abetted the understanding and fruitful expansion of the theory of natural selection in recent years: the acknowledgment that interactors, not replicators, constitute the causal unit of selection; and the recognition that interactors are Darwinian individuals, and that such individuals exist with potency at several levels of organization (genes, organisms, demes, and species in particular), thus engendering a rich hierarchical theory of selection in contrast with Darwin’s own emphasis on the organismic level. But a piece of (...) the argument has been missing, and individuals at levels distinct from organisms have been denied potency (although granted existence within the undeniable logic of the theory), because they do not achieve individuality with the same devices used by organisms and therefore seem weak by comparison. We show here that different features define Darwinian individuality across scales of size and time. In particular, species-individuals may develop few emergent features as direct adaptations. The interactor approach works with emergent fitnesses, not with emergent features; and species, as a consequence of their different mechanism for achieving individuality (reproductive exclusivity among subparts, that is, among organisms), express many effects from other levels. Organisms, by contrast, suppress upwardly cascading effects, because the organismic style of individuality (by functional integration of subparts) does not permit much competition or differential reproduction of parts from within. Species do not suppress the operation of lower levels; such effects therefore become available as exaptations conferring emergent fitness—a primary source of the different strength that species achieve as effective Darwinian individuals in evolution. (shrink)

Shelly Kagan has recently defended the view that it is morally worse for a human being to suffer some harm than it is for a lower animal (such as a dog or a cow) to suffer a harm that is equally severe (ceteris paribus). In this paper, I argue that this view receives rather less support from our intuitions than one might at first suppose. According to Kagan, moreover, an individual’s moral status depends partly upon her ‘modal capacities.’ In this (...) paper, I argue that the most natural strategy for justifying Kagan’s theory faces some important challenges. More generally, I argue that philosophers who wish to defend the view that human beings have a higher moral status than that of the lower animals face a dilemma. Either their theory of moral status will imply (unacceptably) that some severely cognitively impaired human beings have a significantly lower moral status than that of typical human beings, or these philosophers will be forced to ground moral status in a set of properties so far removed from a subject’s actual capacities that it will become difficult to see why these kinds of properties should have such moral importance. (shrink)

I argue that four of the fundamental claims of those calling themselves `genic pluralists'Philip Kitcher, Kim Sterelny, and Ken Watersare defective. First, they claim that once genic selectionism is recognized, the units of selection problems will be dissolved. Second, Sterelny and Kitcher claim that there are no targets of selection. Third, Sterelny, Kitcher, and Waters claim that they have a concept of genic causation that allows them to give independent genic causal accounts of all selection processes. I argue that each (...) one of these claims is either false or misleading. Moreover, the challenge that arises from the availability of genic causal accounts, namely, the inability to choose on rational grounds among genic and higher-level accounts, is unsupported. (shrink)

Climate change assessments rely upon scenarios of socioeconomic developments to conceptualize alternative outcomes for global greenhouse gas emissions. These are used in conjunction with climate models to make projections of future climate. Specifically, the estimations of greenhouse gas emissions based on socioeconomic scenarios constrain climate models in their outcomes of temperatures, precipitation, etc. Traditionally, the fundamental logic of the socioeconomic scenarios—that is, the logic that makes them plausible—is developed and prioritized using methods that are very subjective. This introduces a fundamental (...) challenge for climate change assessment: The veracity of projections of future climate currently rests on subjective ground. We elaborate on these subjective aspects of scenarios in climate change research. We then consider an alternative method for developing scenarios, a systems dynamics approach called ‘Cross-Impact Balance’ (CIB) analysis. We discuss notions of ‘objective’ and ‘objectivity’ as criteria for distinguishing appropriate scenario methods for climate change research. We distinguish seven distinct meanings of ‘objective,’ and demonstrate that CIB analysis is more objective than traditional subjective approaches. However, we also consider criticisms concerning which of the seven meanings of ‘objective’ are appropriate for scenario work. Finally, we arrive at conclusions regarding which meanings of ‘objective’ and ‘objectivity’ are relevant for climate change research. Because scientific assessments uncover knowledge relevant to the responses of a real, independently existing climate system, this requires scenario methodologies employed in such studies to also uphold the seven meanings of ‘objective’ and ‘objectivity.’. (shrink)

In this paper I distinguish various ways in which empirical claims about evolutionary and ecological models can be supported by data. I describe three basic factors bearing on confirmation of empirical claims: fit of the model to data; independent testing of various aspects of the model, and variety of evident. A brief description of the kinds of confirmation is followed by examples of each kind, drawn from a range of evolutionary and ecological theories. I conclude that the greater complexity and (...) precision of my approach, as compared to, for instance, a Popperian approach, can facilitate detailed analysis and comparison of empirical claims. (shrink)

Moral latitude is only ever a matter of coincidence on the most popular decision procedure in the literature on moral uncertainty. In all possible choice situations other than those in which two or more options happen to be tied for maximal expected choiceworthiness, Maximize Expected Choiceworthiness implies that only one possible option is uniquely appropriate. A better theory of appropriateness would be more sensitive to the decision maker’s credence in theories that endorse agent-centred prerogatives. In this paper, we will develop (...) and defend a modified version of this view that allows for agent-centred prerogatives and supererogation as part of its verdicts about appropriateness. (shrink)

Philosophical discussions of gentrification have tended to focus on residential displacement. However, the prevalence of residential displacement is fiercely contested, with many urban geographers regarding it as quite uncommon. This lends some urgency to the underexplored question of how one should evaluate other forms of gentrification. In this paper, I argue that one of the most important harms suffered by victims of displacement gentrification is loss of access to the goods conferred by membership in a thriving local community. Leveraging the (...) social scientific literature, I go on to argue that non-displacement gentrification also often damages local communities. One can hence extend existing philosophical critiques of displacement gentrification to argue that non-displacement gentrification likewise poses a threat to relational equality, and often violates certain basic occupancy rights. Focusing on the value that inheres in thriving local communities also suggests some new possibilities for critiquing gentrification. For instance, existing occupancy rights critiques focus on incumbent land users’ interests in stability. However, one can also argue in a Lockean mode that incumbent land users’ occupancy rights are at least partially grounded in their community having laboured together to create objects of value. An extension of Michael Walzer’s theory of justice to incorporate community goods as a separate ‘sphere’ might also have widespread appeal. Taken together, these arguments constitute a sustained and theoretically ecumenical case for the pro tanto moral objectionability of gentrification. (shrink)

this requirement for adaptations. Emergent characters are always potential adaptations. Not all selection processes produce adaptations, however. The key issue, in delineating a selection process, is the relationship between a character and fitness. The emergent character approach is more restrictive than alternative schemas that delineate selection..

In men and women sexual arousal culminates in orgasm, with female orgasm solely from sexual intercourse often regarded as a unique feature of human sexuality. However, orgasm from sexual intercourse occurs more reliably in men than in women, likely reflecting the different types of physical stimulation men and women require for orgasm. In men, orgasms are under strong selective pressure as orgasms are coupled with ejaculation and thus contribute to male reproductive success. By contrast, women's orgasms in intercourse are highly (...) variable and are under little selective pressure as they are not a reproductive necessity. The proximal mechanisms producing variability in women's orgasms are little understood. In 1924 Marie Bonaparte proposed that a shorter distance between a woman's clitoris and her urethral meatus (CUMD) increased her likelihood of experiencing orgasm in intercourse. She based this on her published data that were never statistically analyzed. In 1940 Landis and colleagues published similar data suggesting the same relationship, but these data too were never fully analyzed. We analyzed raw data from these two studies and found that both demonstrate a strong inverse relationship between CUMD and orgasm during intercourse. Unresolved is whether this increased likelihood of orgasm with shorter CUMD reflects increased penile–clitoral contact during sexual intercourse or increased penile stimulation of internal aspects of the clitoris. CUMD likely reflects prenatal androgen exposure, with higher androgen levels producing larger distances. Thus these results suggest that women exposed to lower levels of prenatal androgens are more likely to experience orgasm during sexual intercourse. . (shrink)

Most models of generational succession in sexually reproducing populations necessarily move back and forth between genic and genotypic spaces. We show that transitions between and within these spaces are usually hidden by unstated assumptions about processes in these spaces. We also examine a widely endorsed claim regarding the mathematical equivalence of kin-, group-, individual-, and allelic-selection models made by Lee Dugatkin and Kern Reeve. We show that the claimed mathematical equivalence of the models does not hold. *Received January 2007; revised (...) April 2008. †To contact the authors, please write to: Elisabeth Lloyd, Department of History and Philosophy of Science, 130 Goodbody Hall, Indiana University, Bloomington, IN 47405; e-mail: [email protected]; Richard Lewontin, Department of Organismic and Evolutionary Biology, Harvard University, 26 Oxford Street, Cambridge, MA 02138; Marcus Feldman, Department of Biological Sciences, Stanford University, Stanford, CA 94305; e-mail: [email protected]. (shrink)

The conflation of two fundamentally distinct issues has generated serious confusion in the philosophical and biological literature concerning the units of selection. The question of how a unit of selection of defined, theoretically, is rarely distinguished from the question of how to determine the empirical accuracy of claims--either specific or general--concerning which unit(s) is undergoing selection processes. In this paper, I begin by refining a definition of the unit of selection, first presented in the philosophical literature by William Wimsatt, which (...) is grounded in the structure of natural selection models. I then explore the implications of this structural definition for empirical evaluation of claims about units of selection. I consider criticisms of this view presented by Elliott Sober--criticisms taken by some (for example, Mayo and Gilinsky 1987) to provide definitive damage to the structuralist account. I shall show that Sober has misinterpreted the structuralist views; he knocks down a straw man in order to motivate his own causal account. Furthermore, I shall argue, Sober's causal account is dependent on the structuralist account that he rejects. I conclude by indicating how the refined structural definition can clarify which sorts of empirical evidence could be brought to bear on a controversial case involving units of selection. (shrink)

Given the recent explosion of interest in applications of evolutionary biology to understanding human psychology, we think it timely to assure better understanding of modern evolutionary theory among the psychologists who might be using it. We find it necessary to do so because of the very reducd version of evolutionary theorizing that has been incorporated into much of evolutionary psychology so far. Our aim here is to clarify why the use of a reduced version of evolutionary genetics will lead to (...) faulty science and to indicate where other resources of evolutionary biology can be found that might elevate the standard of the evolutionary component of evolutionary psychology. (shrink)

Since the fundamental challenge that I laid at the doorstep of the pluralists was to defend, with nonderivative models, a strong notion of genic cause, it is fatal that Waters has failed to meet that challenge. Waters agrees with me that there is only a single cause operating in these models, but he argues for a notion of causal ‘parsing’ to sustain the viability of some form of pluralism. Waters and his colleagues have some very interesting and important ideas about (...) the sciences, involving pluralism and parsing or partitioning causes, but they are ideas in search of an example. He thinks he has found an example in the case of hierarchical and genic selection. I think he has not. (shrink)

This paper defends the claim that mere temporal proximity always and without exception strengthens certain moral duties, including the duty to save – call this view Robust Temporalism. Although almost all other moral philosophers dismiss Robust Temporalism out of hand, I argue that it is prima facie intuitively plausible, and that it is analogous to a view about special obligations that many philosophers already accept. I also defend Robust Temporalism against several common objections, and I highlight its relevance to a (...) number of practical policy debates, including longtermism. My conclusion is that Robust Temporalism is a moral live option, that deserves to be taken much more seriously in the future. (shrink)

A reading of Feyerabend in Against Method, and a comparison of C.S. Peirce.

We sley Salmon, in his influential and detailed book, Four Decades of Scientific Explanation, argues that the pragmatic approach to scientific explanation, “construed as the claim that scientific explanation can be explicated entirely in pragmatic terms” (1989, 185) is inadequate. The specific inadequacy ascribed to a pragmatic account is that objective relevance relations cannot be incorporated into such an account. Salmon relies on the arguments given in Kitcher and Salmon (1987) to ground this objection. He also suggests that Peter Railton’s (...) concepts of the ideal explanatory text and explanatory information (Railton 1981) can provide what the pragmatic approach lacks. This suggestion is not a conclusion of course; we read it as the promotion of part of a research program aimed at forging a greater consensus on scientific explanation-an admirable goal. However, we do not see the pragmatic approach as inadequate. We will show that a synthetic account inspired by Salmon’s adaptation of Railton would be equivalent to van Fraassen’s pragmatic account in three respects: accepting or rejecting requests for explanation; the practice of giving scientific explanations; and the evaluation of the goodness of explanations. We include all three under the general rubric of explanatory “practice.” Admittedly these are not the only three features by which an account of explanation might be evaluated. Roughly, we mean to show that a synthetic account cannot do a better job of accounting for the scientific practices which are of importance to the constructive empiricist, and therefore no argument can be presented to the constructive empiricist to convince her that by her own standards the synthetic account is superior. (shrink)

Much debate in contemporary metaphysics of time has centred on whether or not tense is essential to the understanding of a temporal reality. The rival positions in this debate are associated with two very different pictures of the relationship between time and existence. Those who argue for the dispensability of tense see the phenomenon of tense as an epistemological accretion which infects our perception of the world but is in no way essential to a complete description of reality. With respect (...) to existence, things past and future are supposed to be on an equal footing with things present. Thus the Quinean ‘time slice’ ontology, which sees the world as a four-dimensional entity in space-time, repudiates any ontological significance to the differences between past, present and future. For the Quinean, what differences we see between past, present and future existents pertain to our limited mode of access to reality. In a perception which grasped the world as it really is tense differences would have no place. In this respect the Quinean position resembles Spinoza's claim in the Ethics that in so far as the mind conceives a thing under the dictates of reason it is affected equally, whether the idea be of a thing future, past or present. (shrink)

In this paper I contend that the 'superfluity' of triangles is only apparent; all those specified are indeed required for the smallest sub-units, so long as the symmetry of the final body to be constructed is taken into account at earlier stages.

The paper argues that the moral philosophy of Thomas Hobbes is unified by a complex conception of reason that imposes consistency norms of both rationality and reasonableness. Hobbes’s conceptions of rightness as reciprocity, and moral goodness as sociability belong to an original and attractive moral theory that is neither teleological nor classically deontological, nor as interpreters have variously argued, subjectivist, contractarian, egoist, or dependent on divine command.

I should like to offer my greatest thanks to Paul Griffiths for providing the opportunity for this exchange, and to commentators Gillian Brown, Steven Fuller, Stefan Linquist, and Erika Milam for their generous and thought-provoking comments. I shall do my best in this space to respond to some of their concerns.

This chapter explores two of the most studied and most damaging aspects of such societal influence on science: racial and gender biases. We discuss two major domains of biological and medical research involving race and gender: cognitive differences research and reproductive health science. In each case, we explore the influence of sexist values like androcentric bias—where researchers focus on men and male bodies as the alleged “norm”—and racist values like white supremacy—where researchers privilege the cultures and attributes of white people (...) as allegedly “superior” to those of people of color. The chapter contends that we must make the culture of research more equitable to make the research itself less biased and more fair for all people. (shrink)

Deception, like coercion, can invalidate the moral force of consent. In the sexual domain, when someone is deceived about some feature of their partner, knowledge of which would be dispositive of their decision to have sex – a dealbreaker – the moral validity of their consent is undermined. I argue that in order to determine whether someone has discharged their duties of disclosure in the sexual domain, we should ask whether, upon receiving a token of consent to sex, they have (...) a justified belief that their partner would consent to the sexual encounter given all the features that it has. I argue that whether an agent has a justified belief in this proposition is a function of the agent’s body of evidence and which alternatives uneliminated. (shrink)

Many of the commentators—let’s ignore their sex for the moment—suggested including women in the Feyerabend conference. Then the question was raised, “but are they of the right quality, status, rank?” That is, do they bring down the average quality of the conference in virtue of their being of inferior status, or, in Vincenzo Politi’s words, not “someone whose work is both relevant to the topic of the conference and also as widely recognized as the work of the invited speakers” (HOPOS-L (...) archive, “CFP: Feyerabend Conference,” Tuesday, July 17, 2012, 14:57:20)? It is extremely important that such a discussion of quality, status, and rank recognize the scourge of evaluation bias and its long-term and pervasive consequences. One well-designed study this past year, published by the National Academy of Sciences, established prominent evaluation bias among both male and female science faculty in their evaluations of a student applying for a managerial job, who was randomly assigned either a male or a female name (Moss-Racusin et al. 2012). These professors examined the qualifications of the students and decided whether to hire them, what salary to give them, and whether to mentor themand howmuch to do so.The resultswere that both male and female scientists hired more men, gave them higher salaries, and offered more mentoring to them, even though themale applications were identical to the female applications. When probed about their reasons for not hiring or mentoring the female applicants, the professors explained that they based their decisions on the inferior competence of the applicant: the female applicants were perceived as less competent by all professors (with identical applications between males and females). This is what “evaluation bias” looks like, and it has been established in many, many contexts since the 1970s—this is only the most recent. (shrink)

Automated reasoning about uncertain knowledge has many applications. One difficulty when developing such systems is the lack of a completely satisfactory integration of logic and probability. We address this problem directly. Expressive languages like higher-order logic are ideally suited for representing and reasoning about structured knowledge. Uncertain knowledge can be modeled by using graded probabilities rather than binary truth-values. The main technical problem studied in this paper is the following: Given a set of sentences, each having some probability of being (...) true, what probability should be ascribed to other (query) sentences? A natural wish-list, among others, is that the probability distribution (i) is consistent with the knowledge base, (ii) allows for a consistent inference procedure and in particular (iii) reduces to deductive logic in the limit of probabilities being 0 and 1, (iv) allows (Bayesian) inductive reasoning and (v) learning in the limit and in particular (vi) allows confirmation of universally quantified hypotheses/sentences. We translate this wish-list into technical requirements for a prior probability and show that probabilities satisfying all our criteria exist. We also give explicit constructions and several general characterizations of probabilities that satisfy some or all of the criteria and various (counter) examples. We also derive necessary and sufficient conditions for extending beliefs about finitely many sentences to suitable probabilities over all sentences, and in particular least dogmatic or least biased ones. We conclude with a brief outlook on how the developed theory might be used and approximated in autonomous reasoning agents. Our theory is a step towards a globally consistent and empirically satisfactory unification of probability and logic. (shrink)

We make character trait attributions to predict and explain others’ behaviour. How should we understand character trait attribution in context across the domains of philosophy, folk psychology, developmental psychology, and evolutionary psychology? For example, how does trait attribution relate to our ability to attribute mental states to others, to ‘mindread’? This thesis uses philosophical methods and empirical data to argue for character trait attribution as a practice dependent upon our ability to mindread, which develops as a product of natural selection (...) acting on culture instead of genes. This analysis carves out trait attribution’s distinct place within an emerging complex and mature scholarship on pluralistic social cognition. (shrink)

Christopher Columbus Langdell has not only damaged the study of law with his three follies: his legal formalism, his redacted appellate case method, and his notion that legal practice taints the professor of law. His three follies have also impaired character development critical for legal actors. This Article focuses on four such critical character traits and virtues impaired by Langdell: (i) imagination, (ii) empathy, (ii) balance, and (iv) integrity. -/- This Article also calls out potential character issues with two professor (...) types inspired by Langdell: (v) the hazing professor who confuses intellectual rigor with intense discomfort and who uses the redacted appellate case method to inflict such discomfort at the expense of better pedagogy, and (vi) the professor without substantial practice experience who is substantially paid to teach what she has never practiced. -/- Agreeing with C.S. Pierce that the best argument is a cable rather than a chain, I end by weaving in a Langdell villanelle. I hope such a cable can help lift Langdell and his follies from legal education and the world. (shrink)

This is a critique of "A Natural History of Rape: Biological Bases of Sexual Coercion" (Thornhill & Palmer, 2000). Lloyd argues that they have failed to do "excellent science" as required to defend themselves against criticism. As an example, Lloyd contends that they make conclusions which depend on rape being a single trait, while failing to prorivde any basis for such an assumption.

Even if one sees the law as “a self-contained system of legal reasoning” from which we deduce “neutral,” non-political conclusions from “general principles and analogies among cases and doctrines” (including formalist claims that judges simply call “balls and strikes” like umpires in a baseball game), one should still consider certain characteristics of the party making such deductions or calling such “balls and strikes.” [Relevant citations to quoted language are in the Article.] If such decision maker has questionable motivations, lacks proper (...) perspective, does not grasp the flexibility in the concepts in play, does not grasp the restraints on concepts in play, does not follow the proper processes involved, and lacks the detail, courage, and tenacity needed to reach the proper “deduction” or “call,” on the face of things the formalist, too, should have reason to re-examine any “deduction” or “call” by such party. Thus, even the formalist should not deny the critical role of virtue when examining legal analysis, a role belying the notion of law as a "self-contained system of legal reasoning." -/- This Article thus explores basic freedoms and restraints applicable to legal analysis and the role that virtue plays in balancing such freedoms and restraints. Such exploration covers: (i) the origin, nature, and purpose of concepts and categories used in legal analysis; (ii) the experiential nature of the meaning of such concepts and categories used in legal analysis; (iii) the freedoms and restraints applicable to such concepts and categories as a result of either experience or of the concepts or categories themselves; (iv) how workable notions of virtue rightly balance such freedoms and restraints in legal analysis; (v) the distinction between such virtue and skill; (vi) reconceiving the analytically virtuous mean as a proper balance between such applicable freedoms and restraints; and (vii) defining and surveying the particular virtues that lead us to such proper balance and thus to good legal analysis. My hope is that lawyers and law schools in their curricula will follow such explorations as well in a quest to better understand legal analysis and how to teach and perform it well. (shrink)

Note: This draft was updated on November 10, 2020. Discussing federal statutes, Justice Scalia tells us that “[t]he stark reality is that the only thing that one can say for sure was agreed to by both houses and the president (on signing the bill) is the text of the statute. The rest is legal fiction." How should we take this claim? If we take "text" to mean the printed text, that text without more is just a series of marks. If (...) instead we take "text" (as we must) to refer to something off the page such as the "meaning" of the series of marks at issue, what is that meaning and how do we know that all the legislators "agreed" on that "meaning"? In seeking answers here, we necessarily delve into semiotics (i.e., the “general theory of signs”) by noting that meaningful ink marks ("signifiers) signify a meaning beyond themselves (the "signified.") Thus, understanding how signs function is integral to lawyers' textual and linguistic analysis. Additionally, as this article demonstrates, legal analysis and rhetoric are much impoverished if lawyers ignore nonverbal signs such as icons, indices, and nonverbal symbols. In providing a broad overview of semiotics for lawyers, this article thus (1) begins with a general definition of signs and the related notion of intentionality. It then turns to, among other things, (2) the structure and concomitants of signs in more detail (including the signifier and the signified), (3) the possible correlations of the signifier and the signified that generate signs of interest to lawyers such as the index, the icon, and the symbol; (5) the expansion of legal rhetoric through use of the index, the icon, and the non-verbal as well as the verbal symbol, (6) the nature of various semiotic acts in public and private law (including assertives, commissives, directives, and verdictives); (7) the interpretation and construction of semiotic acts (including contracts as commissives and legislation as directives); (8) the role of speaker or reader meaning in the interpretation and construction of semiotic acts; (9) the semiotics of meaning, time, and the fixation of meaning debate; (10) the impact of signifier drift; (11) the distinction between sense and understanding; and (12) some brief reflections on semiotics and the First Amendment. This article also provides an Appendix of further terms and concepts useful to lawyers in their explorations of semiotics. (shrink)

This article maintains that the so-called theory-practice divide in legal education is not only factually false but semantically impossible. -/- As to the divide's falsity, practitioners have of course performed excellent scholarship and academics have excelled in practice. As to the divide's semantic impossibility, this article examines, among other things: -/- (1) the essential role of experience in meaning, -/- (2) the resulting inseparability of theory and practice in the world of experience, -/- (3) problems the divide shares in common (...) with debunked Cartesian dualism, and -/- (4) modern cognitive psychology’s notions of embodied meaning which further underscore the semantic impossibility of separating theory from practice in the world of experience. -/- Using insights from such examinations, this article also explores implications of a debunked theory-practice divide for, among other things, law school curriculums and law school faculty hiring standards. -/- Keywords: legal education, legal writing, semantics, theory, practice, experience, Charles Sanders Peirce, embodied meaning, cognitive psychology, Cartesian dualism, affordance knowledge, metaphor, George Lakoff, category, humanities, Langdell, pragmatism, semiotics, philosophy. (shrink)

Many wrongly believe that emotion plays little or no role in legal reasoning. Unfortunately, Langdell and his “scientific” case method encourage this error. A careful review of analysis in the real world, however, belies this common belief. Emotion can be cognitive, and cognition can be emotional. Additionally, modern neuroscience underscores the “co-dependence” of reason and emotion. Thus, even if law were a certain science of appellate cases (which it is not), emotion could not be torn from such “science.” -/- As (...) we reform legal education, we must recognize the role of cognitive emotion in law and legal analysis. If we fail to do this, we shortchange law schools, students, and the bar in grievous ways. We shortchange the very basics of true and best legal analysis. We shortchange at least half the universe of expression (the affective half). We shortchange the importance of watching and guarding the true interests of our clients, which interests are inextricably intertwined with affective experience. We shortchange the importance of motivation in law, life, and legal education. How can lawyers understand the motives of clients and other relevant parties without understanding the emotions that motivate them? How can lawyers hope to persuade judges, other advocates, or parties across the table in a transaction without grasping affective experience that motivates them? How can law professors fully engage students while ignoring affective experience that motivates students? Finally, we shortchange matters of life and death: emotions affect health and thus the very vigor of the bar. -/- Using insights from practice, modern neuroscience, and philosophy, I therefore explore emotion and other affective experience through a lawyer’s lens. In doing this, I reject claims that emotion and other affective experience are mere feeling (though I do not discount the importance of feeling). I also reject claims that emotion and other affective experience are necessarily irrational or beyond our control. Instead, such experience is often intentional and quite rational and controllable. After exploring law and affective experience at more “macro” levels, I consider three more specific examples of the interaction of law and emotion: (i) emotion, expression, and the first amendment, (ii) emotion in legal elements and exceptions, and (iii) emotion and lawyer mental health. To provide lawyers and legal scholars with a “one-source” overview of emotion and the law, I have also included an Appendix addressing a number of particular emotions. -/- Keywords: Emotion, Cognitive Emotion, Reason, Logos, Pathos, Legal Analysis, Legal Reasoning, Neuroscience, Philosophy, Persuasion, Rhetoric, Expression, First Amendment, Free Speech, Common Law Murder, Mental Health, NAACP v. McCrory, Anger, Contempt, Disgust, Hate, Malice. (shrink)