A lineage of prominent philosophers who have discussed the second-person relation can be regarded as advancing structural accounts. They posit that the second-person relation effects one transformative change to the structure of practical reasoning. In this paper, I criticise this orthodoxy and offer an alternative, substantive account. That is, I argue that entering into second-personal relations with others does indeed affect one's practical reasoning, but it does this not by altering the structure of one's agential thought, but by changing what (...) reasons can become available. The importance of second-personal thought for action is heterogenous. Second-person relations make possible the emergence of a wide variety of different kinds of practical reasons: creating some, revealing others. Recognising this diminishes the appeal of the traditional, structural accounts of the practical significance of such second-personal relations. Moving away from structural accounts facilitates a more thorough understanding of the intersubjective form of action. (shrink)

This paper describes a version of type identity physicalism, which we call Flat Physicalism, and shows how it meets several objections often raised against identity theories. This identity theory is informed by recent results in the conceptual foundations of physics, and in particular clar- ifies the notion of ‘physical kinds’ in light of a conceptual analysis of the paradigmatic case of reducing thermody- namics to statistical mechanics. We show how Flat Physi- calism is compatible with the appearance of multiple realisation (...) in the special sciences, and how and in what sense the special sciences laws are autonomous from the laws of physics, despite the full reductive picture of Flat Physicalism. We compare our view with a recent proposal by William Bechtel that accounts for the appearance of levels in mechanistic explanations. (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)

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)

This paper makes a novel linkage between the multiple-computations theorem in philosophy of mind and Landauer’s principle in physics. The multiple-computations theorem implies that certain physical systems implement simultaneously more than one computation. Landauer’s principle implies that the physical implementation of “logically irreversible” functions is accompanied by minimal entropy increase. We show that the multiple-computations theorem is incompatible with, or at least challenges, the universal validity of Landauer’s principle. To this end we provide accounts of both ideas in terms of (...) low-level fundamental concepts in statistical mechanics, thus providing a deeper understanding of these ideas than their standard formulations given in the high-level terms of thermodynamics and cognitive science. Since Landauer’s principle is pivotal in the attempts to derive the universal validity of the second law of thermodynamics in statistical mechanics, our result entails that the multiple-computations theorem has crucial implications with respect to the second law. Finally, our analysis contributes to the understanding of notions, such as “logical irreversibility,” “entropy increase,” “implementing a computation,” in terms of fundamental physics, and to resolving open questions in the literature of both fields, such as: what could it possibly mean that a certain physical process implements a certain computation. (shrink)

Can the second law of thermodynamics explain our mental experience of the direction of time? According to an influential approach, the past hypothesis of universal low entropy also explains how the psychological arrow comes about. We argue that although this approach has many attractive features, it cannot explain the psychological arrow after all. In particular, we show that the past hypothesis is neither necessary nor sufficient to explain the psychological arrow on the basis of current physics. We propose two necessary (...) conditions on the workings of the brain that any account of the psychological arrow of time must satisfy. And we propose a new reductive physical account of the psychological arrow of time compatible with time-symmetric physics, according to which these two conditions are also sufficient. Our proposal has some radical implications, for example, that the psychological arrow of time is fundamental, whereas the temporal direction of entropy increase in the second law of thermodynamics and the past hypothesis is derived from it, rather than the other way around. 1Introduction2A Physical Account of the Psychological Arrow of Time3Necessary Conditions for the Psychological Arrow of Time4The Psychological Arrow of Time via the Second Law of Thermodynamics and the Past Hypothesis5Why the Past Hypothesis Is Insufficient for the Psychological Arrow of Time5.1Stage 1, Version 1: From the past hypothesis to the psychological arrow via typicality5.2Stage 1, Version 2: From the past hypothesis to the psychological arrow via dynamical or causal considerations5.3Stage 2: From entropy gradient in the brain to the psychological arrow of time6Why the Past Hypothesis Is Unnecessary for the Psychological Arrow of Time7A New Reductive Account of the Psychological Arrow of Time. (shrink)

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)

This paper is about the similarity between the appreciation of a piece of art, such as a cherished music album, and the loving appreciation of a person whom one knows well. In philosophical discussion about the rationality of love, the Qualities View (QV) says that love can be justified by reference to the qualities of the beloved. I argue that the oft-rehearsed trading-up objection fails to undermine the QV. The problems typically identified by the objection arise from the idea that (...) love-worthy qualities could be coarse-grained, when in fact they must be fine-grained. The analogy with appreciation of aesthetic qualities helps to draw out this point. Once the fine-grained nature of love-worthy qualities is properly understood, it is clear that critics of the QV cannot rely on the trading-up objection to motivate its rejection. Moreover, the paper’s core argument helps to illuminate the persistently aesthetic nature of interpersonal affections. (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.

Engels explained his admiration for Balzac by pointing to an apparent discrepancy between Balzac’s literature and his politics. Despite his sympathies for the French nobility, Balzac’s realism “compelled” him to portray this class in unflattering terms. In this article, I challenge Engels’s reading, arguing that Marx’s scattered remarks on Balzac take us in a different direction. Specifically, I argue that in his remark on Balzac’s The Peasants Marx pinpointed the author’s preoccupation with the spread of bourgeois ideology into the nobility. (...) Building on this remark, I analyze several of Balzac’s works showing that insofar as Balzac lambasted the nobles, his critique was primarily directed towards nobles who had adopted bourgeois ways. In this light, and against Engels’s observation, Balzac’s critique of the nobles appears to stem from his sympathy to aristocratic values rather than conflicting with them. In showing that affinities between Balzac, Marx and Engels did not depend on Balzac expressing anti-noble sentiment, I argue that the admiration the fathers of communism had for the monarchist’s prose exemplifies a partial, yet typical convergence between socialists and conservatives in their critique of modern bourgeois society. (shrink)

Thomas Reid's philosophy of mind, epistemology, and philosophy of language all rely on his account of signs and signification. On Reid's view, some entities play a role of indicating other entities to our minds. In some cases, our sensitivity to this indication is learned through experience, whereas in others, the sensitivity is built in to our natural constitutions. Unlike representation, which was presumed to depend on resemblances and necessary connections, signification is the sort of relationship that can occur without any (...) intrinsic ties between the sign and the thing signified. Of particular interest is the priority Reid gives to natural signs. Reid deploys his robust account of natural signs in a way that allows him to sidestep some skeptical worries common in the early modern period, as well as in grounding “artificial” human languages like English or Cantonese on a more basic human capacity for communication, that is, itself, the result of our sensitivity to natural signs of other people's minds. (shrink)

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.

McQueen and Vaidman argue that the Many Worlds Interpretation (MWI) of quantum mechanics provides local causal explanations of the outcomes of experiments in our experience that is due to the total effect of all the worlds together. We show that although the explanation is local in one world, it requires a causal influence that travels across different worlds. We further argue that in the MWI the local nature of our experience is not derivable from the Hilbert space structure, but has (...) to be added to it as an independent postulate. This is due to what we call the factorisation-symmetry and basis-symmetry of Hilbert space. (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 goal of this paper is show how an initially appealing objection to David Hume's account of judgment can only be put forward by philosophers who accept an account of judgment that has its own sizable share of problems. To demonstrate this, I situate the views of John Locke, David Hume, and Thomas Reid with respect to each other, so as to illustrate how the appealing objection is linked to unappealing features of Locke's account of judgment.

Maxwell’s Demon is a thought experiment devised by J. C. Maxwell in 1867 in order to show that the Second Law of thermodynamics is not universal, since it has a counter-example. Since the Second Law is taken by many to provide an arrow of time, the threat to its universality threatens the account of temporal directionality as well. Various attempts to “exorcise” the Demon, by proving that it is impossible for one reason or another, have been made throughout the years, (...) but none of them were successful. We have shown (in a number of publications) by a general state-space argument that Maxwell’s Demon is compatible with classical mechanics, and that the most recent solutions, based on Landauer’s thesis, are not general. In this paper we demonstrate that Maxwell’s Demon is also compatible with quantum mechanics. We do so by analyzing a particular (but highly idealized) experimental setup and proving that it violates the Second Law. Our discussion is in the framework of standard quantum mechanics; we give two separate arguments in the framework of quantum mechanics with and without the projection postulate. We address in our analysis the connection between measurement and erasure interactions and we show how these notions are applicable in the microscopic quantum mechanical structure. We discuss what might be the quantum mechanical counterpart of the classical notion of “macrostates”, thus explaining why our Quantum Demon setup works not only at the micro level but also at the macro level, properly understood. One implication of our analysis is that the Second Law cannot provide a universal lawlike basis for an account of the arrow of time; this account has to be sought elsewhere. (shrink)

The problem of multiple-computations discovered by Hilary Putnam presents a deep difficulty for functionalism (of all sorts, computational and causal). We describe in out- line why Putnam’s result, and likewise the more restricted result we call the Multiple- Computations Theorem, are in fact theorems of statistical mechanics. We show why the mere interaction of a computing system with its environment cannot single out a computation as the preferred one amongst the many computations implemented by the system. We explain why nonreductive (...) approaches to solving the multiple- computations problem, and in particular why computational externalism, are dualistic in the sense that they imply that nonphysical facts in the environment of a computing system single out the computation. We discuss certain attempts to dissolve Putnam’s unrestricted result by appealing to systems with certain kinds of input and output states as a special case of computational externalism, and show why this approach is not workable without collapsing to behaviorism. We conclude with some remarks about the nonphysical nature of mainstream approaches to both statistical mechanics and the quantum theory of measurement with respect to the singling out of partitions and observables. (shrink)

According to the so-called Hempel’s Dilemma, the thesis of physicalism is either false or empty. Our intention in this paper is not to propose a solution to the Dilemma, but rather to argue as follows: to the extent that Hempel’s Dilemma applies to physicalism it equally applies to any theory that gives a deep-structure and changeable account of our experience or of high-level theories. In particular, we will show that it also applies to mind-body dualistic theories. The scope of Hempel’s (...) Dilemma turns out to be very wide: it is a special case of a general sceptical argument against changeable deep-structure theories in and outside science. (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)

Preface to the Hebrew Translation of Karl Marx's Introduction and Preface to the Critique of Political Economy .

In this paper, I investigate the prospects for using the distinction between rejection and denial to resolve Saul Kripke’s puzzle about belief. One puzzle Kripke presents in A Puzzle About Belief poses what would have seemed a fairly straightforward question about the beliefs of the bilingual Pierre, who is disposed to sincerely and reflectively assent to the French sentence Londres est jolie, but not to the English sentence London is pretty, both of which he understands perfectly well. The question to (...) be answered is whether Pierre believes that London is pretty, and Kripke argues, of each answer, that it is unacceptable. On my proposal, either answer to the question is to be rejected, but neither answer is to be denied, using the resource of partially-defined predicates. After demonstrating how this serves as a solution to the puzzle, I illustrate some philosophical motivations—independent of Kripke’s puzzle —for adopting a view on which belief is a partially defined predicate. I conclude that there are decent prospects for the proposed response to Kripke’s puzzle. (shrink)

Preface to the Hebrew Translation of Louis Althusser's For Marx.

In Marx’s posthumously published manuscripts from 1857–1863, we find a systematic exposition of his concept of subsumption. Though much has been written about it, significant interpretative gaps persist. In this article, I begin filling these gaps by examining the emergence of Marx’s concept of subsumption. I will argue that in the Grundrisse Marx brings together distinct but complementary elements from Hegel’s theories of judgment and teleology to coin two new and well delineated concepts of subsumption that prefigure his later concepts (...) of formal and real subsumption. These two concepts may be defined as: (a) the process of acquiring the social relational property of being a means to an end; (b) the process by which changes in non-relational properties occur in something due to this acquisition – and occur to better suit said end. (shrink)

This paper distinguishes between 3 meanings of reversal, all of which are mathematically equivalent in classical mechanics: velocity reversal, retrodiction, and time reversal. It then concludes that in order to have well defined velocities a primitive arrow of time must be included in every time slice. The paper briefly mentions that this arrow cannot come from the Second Law of thermodynamics, but this point is developed in more details elsewhere.

The years following Israel’s founding were formative ones for the development of philosophy as an academic discipline in this country. During this period, the distinction between philosophy seen as contiguous with the humanities and social sciences, and philosophy seen as adjacent to the natural and exact sciences began to make its presence felt in the Hebrew University of Jerusalem. This distinction, which was manifest in the curriculum, was by no means unique to the Hebrew University, but reflected the broader bifurcation (...) between two schools of Western philosophy in the twentieth century. In English-speaking countries, it is generally referred to as the divide between analytic and continental philosophy. What was special about the situation at the Hebrew University, however, was that the split manifested itself in a rather small department, being embodied, basically, in one prominent representative of each school – Nathan Rotenstreich and Yehoshua Bar-Hillel. This article will focus on some key aspects of the lives and thought of Rotenstreich and Bar-Hillel. It will address their philosophical maturation as S.H. Bergmann’s students, their views on the goals of twentieth-century philosophy, on the philosopher’s role in public life, and the circumstances under which they started teaching in Jerusalem right after the founding of the State of Israel. (shrink)

Reid argues that Hume’s claim that justice is an artificial virtue is inconsistent with the fact that gratitude is a natural sentiment. This chapter shows that Reid’s argument succeeds only given a philosophy of mind and action that Hume rejects. Among other things, Reid assumes that one can conceive of one of a pair of contradictories only if one can conceive of the other—a claim that Hume denies. So, in the case of justice, the disagreement between Hume and Reid is, (...) at bottom, a disagreement over their respective conceptions of how the human mind works at its most fundamental level. (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)

Scholars have recently argued that Hegel posited international recognition as a necessary feature of international relations. My main effort in this article is to disprove this point. Specifically, I show that since Hegel rejected the notion of an international legal system, he must hold that international recognition depends on the arbitrary will of individual states. To pinpoint Hegel’s position, I offer a close reading of Hegel’s intricate formulations from the final paragraphs of the Philosophy of Right—formulations that are easy to (...) quote out of context just as they are transparent when considered in due context. (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)

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.

In his Encyclopaedia Logic, Hegel affirms that truth is ‘usually’ understood as the agreement of thought with the object, but that in the ‘deeper, i.e. philosophical sense’, truth is the agreement of a content with itself or of an object with its concept. Hegel then provides illustrations of this second sort of truth: a ‘true friend’, a ‘true state’, a ‘true work of art’. Robert Stern has argued that Hegel's ‘deeper’ or ‘philosophical’ truth is close to what Heidegger labelled ‘material’ (...) truth, namely a property attributed to a thing on the basis of the accordance of that thing with its essence. It has since been common to think of Hegel's concept of ‘philosophical’ truth as ‘ontological’, ‘objective’ or ‘material’ in contrast to ‘epistemological’ or ‘propositional’ definitions. In this paper, I wish to add an important nuance to the existing literature on this subject: even though things have a truth-value for Hegel, the latter is always negative. I argue that Hegel's criterion of ‘philosophical’ truth, which is best formulated as ‘agreement with self’, is first and foremost intended to examine the truth-value of thought-determinations. I then argue that even though this criterion may also be applied to examine the truth-value of things (namely, even though things have a truth-value), things never fall under this definition. After reviewing several of Hegel's explicit remarks on the matter, I provide an alternative explanation to those features of Hegel's ‘philosophical’ truth which have led scholars to view it as a truth in things. Especially, I argue that what are generally seen as Hegel's examples (‘true friend’, ‘true state’, ‘true work of art’) are not intended as examples but only as imperfect illustrations of ‘philosophical’ truth. (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)

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)

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)

The concept of the analyst's presence gained attention almost 60 years ago through the writings of the French analyst Sacha Nacht and the Hungarian-British Michael Balint. Anna Freud earlier spoke of the related, but rather ambiguous term "real person of the analyst," which has been widely discussed by many authors since. Both terms- presence and real person- appear frequently in the psychoanalytic literature, usually without much definition or conceptual clarity. Authors have used them in different ways, but in general their (...) intention has been to contrast the analyst's reality as a person with his function as a transference and fantasy object, perhaps as a corrective to the perceived austerity of the classical « one-person » model. Lacan's work represents an exception in attempting to escape the dialectic between intra and inter-psychic, but at the cost of eliminating the influence of the analyst as another subject. In contrast to metapsychologic theories of the mind, the author argues that "real presence" can be better understood as part of the phenomenologic experience of intersubjectivity, The co-presence of the analyst is fundamental to the encounter, rather than an accidental or intentional disruption. (shrink)

Causal reasoning and game-theoretic reasoning are fundamental topics in artificial intelligence, among many other disciplines: this paper is concerned with their intersection. Despite their importance, a formal framework that supports both these forms of reasoning has, until now, been lacking. We offer a solution in the form of (structural) causal games, which can be seen as extending Pearl's causal hierarchy to the game-theoretic domain, or as extending Koller and Milch's multi-agent influence diagrams to the causal domain. We then consider three (...) key questions: i) How can the (causal) dependencies in games - either between variables, or between strategies - be modelled in a uniform, principled manner? ii) How may causal queries be computed in causal games, and what assumptions does this require? iii) How do causal games compare to existing formalisms? To address question i), we introduce mechanised games, which encode dependencies between agents' decision rules and the distributions governing the game. In response to question ii), we present definitions of predictions, interventions, and counterfactuals, and discuss the assumptions required for each. Regarding question iii), we describe correspondences between causal games and other formalisms, and explain how causal games can be used to answer queries that other causal or game-theoretic models do not support. Finally, we highlight possible applications of causal games, aided by an extensive open-source Python library. (shrink)

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are multiple sources of (...) incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

Legal epistemology has been an area of great philosophical growth since the turn of the century. But recently, a number of philosophers have argued the entire project is misguided, claiming that it relies on an illicit transposition of the norms of individual epistemology to the legal arena. This paper uses these objections as a foil to consider the foundations of legal epistemology, particularly as it applies to the criminal law. The aim is to clarify the fundamental commitments of legal epistemology (...) and suggest a way to vindicate it. (shrink)

Jury science is fraught with difficulty. Since legal and institutional hurdles render it all but impossible to study live criminal jury deliberation, researchers make use of various indirect methods to evaluate jury performance. But each of these methods are open to methodological criticism and, strikingly, some of the highest-profile jury research programmes in recent years have reached opposing conclusions. Uncertainty about jury performance is an obstacle for legal reform—ongoing debates about the ‘justice gap’ for complainants of sexual offences has rendered (...) these problems stark. This paper proposes a way to advance the debate. (shrink)

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.

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)

There is a tension between John Locke’s awareness of the fundamental importance of a shared public language and the manner in which his theorizing appears limited to offering a psychologistic account of the idiolects of individual speakers. I argue that a correct understanding of Locke’s central notion of signification can resolve this tension. I start by examining a long standing objection to Locke’s view, according to which his theory of meaning systematically gets the subject matter of our discourse wrong, by (...) making our ideas the meanings of our words. By examining Locke’s definition of “truth”, I show that Lockean signification is an expression relation, rather than a descriptive or referential relation. Consequently, the sense in which our words signify our ideas is roughly that our utterances advertise our otherwise undisclosed mental lives to each other. While this resolves one aspect of the public/private tension, I close with a brief discussion of the remaining tension, and the role for normative constraints on signification to play in generating a genuinely shared public language. (shrink)

Thomas Reid is notorious for rejecting the orthodox theory of conception (OTC), according to which conceiving of an object involves a mental relationship to an idea of that object. In this paper, I examine the question of what this rejection amounts to, when we limit our attention to bare conception (rather than the more widely discussed case of perception). I present some of the purported advantages of OTC, and assess whether they provide a genuine basis for preferring OTC to a (...) Reidian alternative. I argue that Reid’s approach is no worse off than OTC at explaining intentionality of our conceptions, and suggest that OTC diverges less from Reid’s view than it would at first seem. (shrink)

The Pneumatist school of medicine has the distinction of being the only medical school in antiquity named for a belief in a part of a human being. Unlike the Herophileans or the Asclepiadeans, their name does not pick out the founder of the school. Unlike the Dogmatists, Empiricists, or Methodists, their name does not pick out a specific approach to medicine. Instead, the name picks out a belief: the fact that pneuma is of paramount importance, both for explaining health and (...) disease, and for determining treatments for the healthy and sick. In this paper, we re-examine what our sources say about the pneuma of the Pneumatists in order to understand what these physicians thought it was and how it shaped their views on physiology, diagnosis and treatment. (shrink)

Smith proposes an account of how languages developed. He did so not as historian, but as a philosopher with a special concern about how a nominalist could account for general terms. Names for individuals are taken as fairly unproblematic – say ‘Thames’ and ‘Avon’ for each of the respective rivers. But whence the word ‘river,’ applicable to more than one, if all that exist are particular objects? Smith’s view is not the usual one, according to which people deploy a powerful (...) ability to abstract mentally, and subsequently affix a label to a general concept. He resisted this because he granted that such robust mental processes themselves presuppose the use of words. Rather, what holds the class together is the word itself, a “single appellation.”. (shrink)

Researchers face perennial difficulties in studying live jury deliberation. As a result, the academic community struggles to reach a consensus on key matters of legal reform concerning jury trials. The hurdles faced by empirical jury researchers are often legal or institutional. This note argues that the legal and institutional barriers preventing live deliberation research should be removed and discusses two forms that live deliberation research could take.

This paper explores an emerging sub-field of both empirical bioethics and experimental philosophy, which has been called “experimental philosophical bioethics” (bioxphi). As an empirical discipline, bioxphi adopts the methods of experimental moral psychology and cognitive science; it does so to make sense of the eliciting factors and underlying cognitive processes that shape people’s moral judgments, particularly about real-world matters of bioethical concern. Yet, as a normative discipline situated within the broader field of bioethics, it also aims to contribute to substantive (...) ethical questions about what should be done in a given context. What are some of the ways in which this aim has been pursued? In this paper, we employ a case study approach to examine and critically evaluate four strategies from the recent literature by which scholars in bioxphi have leveraged empirical data in the service of normative arguments. (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)