This paper compares two alternative explanations of pragmatic encroachment on knowledge (i.e., the claim that whether an agent knows that p can depend on pragmatic factors). After reviewing the evidence for such pragmatic encroachment, we ask how it is best explained, assuming it obtains. Several authors have recently argued that the best explanation is provided by a particular account of belief, which we call pragmatic credal reductivism. On this view, what it is for an agent to believe a proposition is (...) for her credence in this proposition to be above a certain threshold, a threshold that varies depending on pragmatic factors. We show that while this account of belief can provide an elegant explanation of pragmatic encroachment on knowledge, it is not alone in doing so, for an alternative account of belief, which we call the reasoning disposition account, can do so as well. And the latter account, we argue, is far more plausible than pragmatic credal reductivism, since it accords far better with a number of claims about belief that are very hard to deny. (shrink)

Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label “neuroscience”; and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six different concepts. Consequently, there are at least six different responsibility questions that the criminal law asks—at least one for each responsibility concept—and, I will suggest, (...) a multitude of ways in which the techniques and technologies that comprise neuroscience might help us to address those diverse questions. In a way, on my account neuroscience is relevant to criminal responsibility in many ways, but I hesitate to state my position like this because doing so obscures two points which I would rather highlight: one, neither neuroscience nor criminal responsibility are as unified as that; and two, the criminal law asks many different responsibility questions and not just one generic question. (shrink)

Garrath Williams claims that truly responsible people must possess a “capacity … to respond [appropriately] to normative demands” (2008:462). However, there are people whom we would normally praise for their responsibility despite the fact that they do not yet possess such a capacity (e.g. consistently well-behaved young children), and others who have such capacity but who are still patently irresponsible (e.g. some badly-behaved adults). Thus, I argue that to qualify for the accolade “a responsible person” one need not possess such (...) a capacity, but only to be earnestly willing to do the right thing and to have a history that testifies to this willingness. Although we may have good reasons to prefer to have such a capacity ourselves, and to associate ourselves with others who have it, at a conceptual level I do not think that such considerations support the claim that having this capacity is a necessary condition of being a responsible person in the virtue sense. (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)

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.

According to mainstream philosophical views causal explanation in biology and neuroscience is mechanistic. As the term ‘mechanism’ gets regular use in these fields it is unsurprising that philosophers consider it important to scientific explanation. What is surprising is that they consider it the only causal term of importance. This paper provides an analysis of a new causal concept—it examines the cascade concept in science and the causal structure it refers to. I argue that this concept is importantly different from the (...) notion of mechanism and that this difference matters for our understanding of causation and explanation in science. (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)

Is authoritarian power ever legitimate? The contemporary political theory literature—which largely conceptualizes legitimacy in terms of democracy or basic rights—would seem to suggest not. I argue, however, that there exists another, overlooked aspect of legitimacy concerning a government’s ability to ensure safety and security. While, under normal conditions, maintaining democracy and rights is typically compatible with guaranteeing safety, in emergency situations, conflicts between these two aspects of legitimacy can and often do arise. A salient example of this is the COVID-19 (...) pandemic, during which severe limitations on free movement and association have become legitimate techniques of government. Climate change poses an even graver threat to public safety. Consequently, I argue, legitimacy may require a similarly authoritarian approach. While unsettling, this suggests the political importance of climate action. For if we wish to avoid legitimating authoritarian power, we must act to prevent crises from arising that can only be resolved by such means. (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)

This paper examines how people think about aiding others in a way that can inform both theory and practice. It uses data gathered from Kiva, an online, non-profit organization that allows individuals to aid other individuals around the world, to isolate intuitions that people find broadly compelling. The central result of the paper is that people seem to give more priority to aiding those in greater need, at least below some threshold. That is, the data strongly suggest incorporating both a (...) threshold and a prioritarian principle into the analysis of what principles for aid distribution people accept. This conclusion should be of broad interest to aid practitioners and policy makers. It may also provide important information for political philosophers interested in building, justifying, and criticizing theories about meeting needs using empirical evidence. (shrink)

Fred Adams and collaborators advocate a view on which empty-name sentences semantically encode incomplete propositions, but which can be used to conversationally implicate descriptive propositions. This account has come under criticism recently from Marga Reimer and Anthony Everett. Reimer correctly observes that their account does not pass a natural test for conversational implicatures, namely, that an explanation of our intuitions in terms of implicature should be such that we upon hearing it recognize it to be roughly correct. Everett argues that (...) the implicature view provides an explanation of only some of our intuitions, and is in fact incompatible with others, especially those concerning the modal profile of sentences containing empty names. I offer a pragmatist treatment of empty names based upon the recognition that the Gricean distinction between what is said and what is implicated is not exhaustive, and argue that such a solution avoids both Everett's and Reimer's criticisms. (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)

It has become standard for feminist philosophers of language to analyze Catherine MacKinnon's claim in terms of speech act theory. Backed by the Austinian observation that speech can do things and the legal claim that pornography is speech, the claim is that the speech acts performed by means of pornography silence women. This turns upon the notion of illocutionary silencing, or disablement. In this paper I observe that the focus by feminist philosophers of language on the failure to achieve uptake (...) for illocutionary acts serves to group together different kinds of illocutionary silencing which function in very different ways. (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)

In this paper I argue that Beall and Restall's claim that there is one true logic of metaphysical modality is incompatible with the formulation of logical pluralism that they give. I investigate various ways of reconciling their pluralism with this claim, but conclude that none of the options can be made to work.

The increasing demand for transparency in AI has recently come under scrutiny. The question is often posted in terms of “epistemic double standards”, and whether the standards for transparency in AI ought to be higher than, or equivalent to, our standards for ordinary human reasoners. I agree that the push for increased transparency in AI deserves closer examination, and that comparing these standards to our standards of transparency for other opaque systems is an appropriate starting point. I suggest that a (...) more fruitful exploration of this question will involve a different comparison class. We routinely treat judgments made by highly trained experts in specialized fields as fair or well-grounded even though—by the nature of expert/layperson division of epistemic labor—an expert will not be able to provide an explanation of the reasoning behind these judgments that makes sense to most other people. Regardless, laypeople are thought to be acting reasonably—and ethically—in deferring to the judgments of experts that concern their areas of specialization. I suggest that we reframe our question regarding the appropriate standards of transparency in AI as one that asks when, why, and to what degree it would be ethical to accept opacity in AI. I argue that our epistemic relation to certain opaque AI technology may be relevantly similar to the layperson’s epistemic relation to the expert in certain respects, such that the successful expert/layperson division of epistemic labor can serve as a blueprint for the ethical use of opaque AI. (shrink)

The connection between whole and part is intimate: not only can we share the same space, but I’m incapable of leaving my parts behind; settle the nonmereological facts and you thereby settle what is a part of what; wholes don’t seem to be an additional ontological commitment over their parts. Composition as identity promises to explain this intimacy. But it threatens to make the connection too intimate, for surely the parts could have made a different whole and the whole have (...) had different parts. In this paper I attempt to offer an account of parthood that is intimate enough but not too intimate: the parts generate the whole, but they are not themselves the whole. (shrink)

Plenitude, roughly, the thesis that for any non-empty region of spacetime there is a material object that is exactly located at that region, is often thought to be part and parcel of the standard Lewisian package in the metaphysics of persistence. While the wedding of plentitude and Lewisian four-dimensionalism is a natural one indeed, there are a hand-full of dissenters who argue against the notion that Lewisian four-dimensionalism has exclusive rights to plentitude. These ‘promiscuous’ three-dimensionalists argue that a temporalized version (...) of plenitude is entirely compatible with a three-dimensional ontology of enduring entities. While few would deny the coherence of such a position, and much work has been done by its proponents to appease critics, there has been surprisingly little by way of exploring the various forms such an ontology might take as well as the potential advantages of one plenitudinous three-dimensional ontology over another. Here I develop a novel form of plenitudinous three-dimensionalism, what John Hawthorne (Metaphysical essays, 2006a, b) has called “Neo-Aristotelian Plenitude,” and argue that if one is inclined to endorse an abundant three-dimensional ontology, one is wise to opt for a plenitude of accidental unities. (shrink)

Given that conspiracies exist, can we be justified in dismissing conspiracy theories without concerning ourselves with specific details? I answer this question by focusing on contrarian conspiracy theories, theories about conspiracies that conflict with testimony from reliable sources of information. For example, theories that say the CIA masterminded the assassination of John F. Kennedy, 9/11 was an inside job, or the Freemasons are secretly running the world are contrarian conspiracy theories. When someone argues for a contrarian conspiracy theory, their options (...) are to appeal to eyewitness testimony, incriminating documents, photographs, audio recordings, video recordings, allegedly scientific evidence, anomalies, or considerations of cui bono (who benefits). Most laypeople don’t know how to adequately respond to arguments for contrarian conspiracy theories, but this doesn’t mean that it’s dogmatic to reject them. I argue that many laypeople are defeasibly justified in rejecting a variety of contrarian conspiracy theories based on testimony and this justification is rarely defeated by arguments for contrarian conspiracy theories even if we don’t know how to respond to these arguments. (shrink)

It is argued that reliance on the testimony of others cannot be viewed as reliance on a kind of evidence. Speech being essentially voluntary, the speaker cannot see his own choice of words as evidence of their truth, and so cannot honestly offer them to others as such. Rather, in taking responsibility for the truth of what he says, the speaker offers a guarantee or assurance of its truth, and in believing him the hearer accepts this assurance. I argue that, (...) contrary to appearances, this account is compatible with the hearer acquiring knowledge, and in fact throws interesting light on the idea of knowledge. -/- . (shrink)

This study aims to investigate the relationship between job burnout and employee performance in the feed industry during the ASF outbreak. Further, the researchers employed a descriptive-correlational research design in order to analyze the acquired data and produce pertinent findings. Thus, the researchers gathered data from one hundred two (102) feed industry employees. The Maslach Burnout Inventory (MBI) and Individual Work Performance Questionnaire (IWPQ) were employed to ascertain the extent of job burnout experienced by the respondents and evaluate employee performance, (...) respectively. Based on the statistical analysis, there is a significant relationship between job burnout and employee performance. Moreover, the study's findings were thoroughly analyzed and discussed. (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)

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)

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.

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.

In this paper, we locate a general rhetorical strategy employed in theoretical discourse wherein philosophers argue from the mere existence of internalized oppression to some kind of epistemic, moral, political, or cognitive deficiency of oppressed people. We argue that this strategy has harmful consequences for oppressed people, breaking down our analysis in terms of individual and structural harms within both epistemic and moral domains. These harms include attempting to undermine the self-trust of oppressed people, reinforcing unjust epistemic power hierarchies, undermining (...) the moral agency of oppressed people, and obscuring real issues of oppression. In light of these many harms, we conclude that there are pro tanto reasons not to employ this strategy, and instead offer a series of suggestions for those considering adopting such a rhetorical move. (shrink)

Kopec and Titelbaum collect five alleged counterexamples to Uniqueness, the thesis that it is impossible for agents who have the same total evidence to be ideally rational in having different doxastic attitudes toward the same proposition. I argue that four of the alleged counterexamples fail, and that Uniqueness should be slightly modified to accommodate the fifth example.

Recent philosophical work on causation has focused on distinctions across types of causal relationships. This paper argues for another distinction that has yet to receive attention in this work. This distinction has to do with whether causal relationships have “material continuity,” which refers to the reliable movement of material from cause to effect. This paper provides an analysis of material continuity and argues that causal relationships with this feature are associated with a unique explanatory perspective, are studied with distinct causal (...) investigative methods, and provide different types of causal control over their effects. (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)

Luck egalitarians think that considerations of responsibility can excuse departures from strict equality. However critics argue that allowing responsibility to play this role has objectionably harsh consequences. Luck egalitarians usually respond either by explaining why that harshness is not excessive, or by identifying allegedly legitimate exclusions from the default responsibility-tracking rule to tone down that harshness. And in response, critics respectively deny that this harshness is not excessive, or they argue that those exclusions would be ineffective or lacking in justification. (...) Rather than taking sides, after criticizing both positions I also argue that this way of carrying on the debate – i.e. as a debate about whether the harsh demands of responsibility outweigh other considerations, and about whether exclusions to responsibility-tracking would be effective and/or justified – is deeply problematic. On my account, the demands of responsibility do not – in fact, they can not – conflict with the demands of other normative considerations, because responsibility only provides a formal structure within which those other considerations determine how people may be treated, but it does not generate its own practical demands. (shrink)

Non-well-founded set theories allow set-theoretic exotica that standard ZFC will not allow, such as a set that has itself as its sole member. We can distinguish plenitudinous non-well-founded set theories, such as Boffa set theory, that allow infinitely many such sets, from restrictive theories, such as Finsler-Aczel or AFA, that allow exactly one. Plenitudinous non-well-founded set theories face a puzzle: nothing seems to explain the identity or distinctness of various of the sets they countenance. In this paper I aim to (...) sharpen this puzzle, make clear who it does and does not apply to and, ultimately, to argue in favor of a plenitudinous theory like Boffa. (shrink)

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)

Causal selection has to do with the distinction we make between background conditions and “the” true cause or causes of some outcome of interest. A longstanding consensus in philosophy views causal selection as lacking any objective rationale and as guided, instead, by arbitrary, pragmatic, and non-scientific considerations. I argue against this position in the context of causal selection for disease traits. In this domain, causes are selected on the basis of the type of causal control they exhibit over a disease (...) of interest. My analysis clarifies the principled rationale that guides this selection and how it involves both pragmatic and objective considerations, which have been overlooked in the extant literature. (shrink)

According to an argument that I will call the argument from loose lips, we can safely reject certain notorious conspiracy theories because they posit conspiracies that would be nearly impossible to keep secret. I distinguish between three versions of this argument: the epistemic argument, the alethic argument, and the statistical argument. I, then, discuss several limitations of the argument from loose lips. The first limitation is that only the statistical argument can be applied to new conspiracy theories. The second limitation (...) is that no version of the argument suffices to rule out the existence of small initial conspiracies that have no need to add further conspirators. The third limitation is that no version of the argument is dialectically efficacious in the context of arguing with the relevant conspiracy theorists because nothing is said to address the alleged evidence that they cite. (shrink)

Action must be taken to combat climate change. Yet, how the costs of climate action should be allocated among states remains a question. One popular answer—the polluter-pays principle (PPP)—stipulates that those responsible for causing the problem should pay to address it. While intuitively plausible, the PPP has been subjected to withering criticism in recent years. It is timely, following the Paris Agreement, to develop a new version: one that does not focus on historical production-based emissions but rather allocates climate burdens (...) in proportion to each state’s annual consumption-based emissions. This change in carbon accounting results in a fairer and more environmentally effective principle for distributing climate duties. (shrink)

The phenomenon of disagreement has recently been brought into focus by the debate between contextualists and relativist invariantists about epistemic expressions such as ‘might’, ‘probably’, indicative conditionals, and the deontic ‘ought’. Against the orthodox contextualist view, it has been argued that an invariantist account can better explain apparent disagreements across contexts by appeal to the incompatibility of the propositions expressed in those contexts. This paper introduces an important and underappreciated phenomenon associated with epistemic expressions — a phenomenon that we call (...) reversibility. We argue that the invariantist account of disagreement is incompatible with reversibility, and we go on to show that reversible sentences cast doubt on the putative data about disagreement, even without assuming invariantism. Our argument therefore undermines much of the motivation for invariantism, and provides a new source for constraints on the proper explanation of purported data about disagreement. (shrink)

Recent work by Stout and colleagues indicates that the neural correlates of language and Early Stone Age toolmaking overlap significantly. The aim of this paper is to add computational detail to their findings. I use an error minimisation model to outline where the information processing overlap between toolmaking and language lies. I argue that the Early Stone Age signals the emergence of complex structured representations. I then highlight a feature of my account: It allows us to understand the early evolution (...) of syntax in terms of an increase in the number and complexity of models in a cognitive system, rather than the development of new types of processing. (shrink)

It could be argued that tort law is failing, and arguably an example of this failure is the recent public liability and insurance (‘PL&I’) crisis. A number of solutions have been proposed, but ultimately the chosen solution should address whatever we take to be the cause of this failure. On one account, the PL&I crisis is a result of an unwarranted expansion of the scope of tort law. Proponents of this position sometimes argue that the duty of care owed by (...) defendants to plaintiffs has expanded beyond reasonable levels, such that parties who were not really responsible for another’s misfortune are successfully sued, while those who really were to blame get away without taking any responsibility. However people should take responsibility for their actions, and the only likely consequence of allowing them to shirk it is that they and others will be less likely to exercise due care in the future, since the deterrents of liability and of no compensation for accidentally self-imposed losses will not be there. Others also argue that this expansion is not warranted because it is inappropriately fueled by ‘deep pocket’ considerations rather than by considerations of fault. They argue that the presence of liability insurance sways the judiciary to award damages against defendants since they know that insurers, and not the defendant personally, will pay for it in the end anyway. But although it may seem that no real person has to bear these burdens when they are imposed onto insurers, in reality all of society bears them collectively when insurers are forced to hike their premiums to cover these increasing damages payments. In any case, it seems unfair to force insurers to cover these costs simply because they can afford to do so. If such an expansion is indeed the cause of the PL&I crisis, then a contraction of the scope of tort liability, and a pious return to the fault principle, might remedy the situation. However it could also be argued that inadequate deterrence is the cause of this crisis. On this account the problem would lie not with the tort system’s continued unwarranted expansion, but in the fact that defendants really have been too careless. If prospective injurers were appropriately deterred from engaging in unnecessarily risky activities, then fewer accidents would ever occur in the first place, and this would reduce the need for litigation at its very source. If we take this to be the cause of tort law’s failure then our solution should aim to improve deterrence. Glen Robinson has argued that improved deterrence could be achieved if plaintiffs were allowed to sue defendants for wrongful exposure to ongoing risks of future harm, even in the absence of currently materialized losses. He argues that at least in toxic injury type cases the tortious creation of risk [should be seen as] an appropriate basis of liability, with damages being assessed according to the value of the risk, as an alternative to forcing risk victims to abide the outcome of the event and seek damages only if and when harm materializes. In a sense, Robinson wishes to treat newly-acquired wrongful risks as de-facto wrongful losses, and these are what would be compensated in liability for risk creation (‘LFRC’) cases. Robinson argues that if the extent of damages were fixed to the extent of risk exposure, all detected unreasonable risk creators would be forced to bear the costs of their activities, rather than only those who could be found responsible for another’s injuries ‘on the balance of probabilities’. The incidence of accidents should decrease as a result of improved deterrence, reduce the ‘suing fest’, and so resolve the PL&I crisis. So whilst the first solution involves contracting the scope of tort liability, Robinson’s solution involves an expansion of its scope. However Robinson acknowledges that LFRC seems prima facie incompatible with current tort principles which in the least require the presence of plaintiff losses, defendant fault, and causation to be established before making defendants liable for plaintiffs’ compensation. Since losses would be absent in LFRC cases by definition, the first evidentiary requirement would always be frustrated, and in its absence proof of defendant fault and causation would also seem scant. If such an expansion of tort liability were not supported by current tort principles then it would be no better than proposals to switch accident law across to no-fault, since both solutions would require comprehensive legal reform. However Robinson argues that the above three evidentiary requirements could be met in LFRC cases to the same extent that they are met in other currently accepted cases, and hence that his solution would therefore be preferable to no-fault solutions as it would only require incremental but not comprehensive legal reform. Although I believe that actual losses should be present before allowing plaintiffs to seek compensation, I will not present a positive argument for this conclusion. My aim in this paper is not to debate the relative merits of Robinson’s solution as compared to no-fault solutions, nor to determine which account of the cause of the PL&I crisis is closer to the truth, but rather to find out whether Robinson’s solution would indeed require less radical legal reform than, for example, proposed no-fault solutions. I will argue that Robinson fails to show that current tort principles would support his proposed solution, and hence that his solution is at best on an even footing with no-fault solutions since both would require comprehensive legal reform. (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 deals with a collection of concerns that, over a period of time, led the author away from the Routley–Meyer semantics, and towards proof- theoretic approaches to relevant logics, and indeed to the weak relevant logic MC of meaning containment.

The divine attributes of immensity and omnipresence have been integral to classical Christian confession regarding the nature of the triune God. Divine immensity and omnipresence are affirmed in doctrinal standards such as the Athanasian Creed (c. 500), the Fourth Lateran Council (1215), the Council of Basel (1431–49), the Second Helvetic Confession (1566), the Westminster Confession of Faith (1647), the Second London Baptist Confession (1689), and the First Vatican Council (1869–70). In the first section of this chapter, I offer a brief (...) historical overview of divine immensity and divine omnipresence in the Christian tradition. I then offer a brief taxonomy of contemporary models of divine omnipresence in the philosophical and theological landscape. In the second, more constructive section, I aim to gesture toward the retrieval of several classical insights regarding immensity and omnipresence that remain unexplored in contemporary analytic work. (shrink)

This paper critically evaluates Foucault’s relation to Bachelard and Canguilhem. It reconsiders the relevance of the concept of “influence” for treating this relation in order to register the more sceptical position Foucault adopts towards knowledge practices than either of these figures from twentieth-century French epistemology.

I first offer a broad taxonomy of models of divine omnipresence in the Christian tradition, both past and present. I then examine the recent model proposed by Hud Hudson (2009, 2014) and Alexander Pruss (2013)—ubiquitous entension—and flag a worry with their account that stems from predominant analyses of the concept of ‘material object’. I then attempt to show that ubiquitous entension has a rich Latin medieval precedent in the work of Augusine and Anselm. I argue that the model of omnipresence (...) explicated by Augustine and Anselm has the resources to avoid the noted worry by offering an alternative account of the divide between the immaterial and the material. I conclude by considering a few alternative analyses of ‘material object’ that make conceptual room for a contemporary Christian theist to follow suite in thinking that at least some immaterial entities are literally spatially located when relating to the denizens of spacetime. (shrink)

Martine Nida-Rümelin (1996) argues that color science indicates behaviorally undetectable spectrum inversion is possible and raises this possibility as an objection to functionalist accounts of visual states of color. I show that her argument does not rest solely on color science, but also on a philosophically controversial assumption, namely, that visual states of color supervene on physiological states. However, this assumption, on the part of philosophers or vision scientists, has the effect of simply ruling out certain versions of functionalism. While (...) Nida-Rümelin is quite right to search for empirical tests for claims about the nature of visual states, philosophical issues remain pivotal in determining the correctness of these claims. (shrink)

This book places Benjamin’s writing on revolution in the context of his conception of historical knowledge. The fundamental problem that faces any analysis of Benjamin’s approach to revolution is that he deploys notions that belong to the domain of individual experience. His theory of modernity with its emphasis on the disintegration of collective experience further aggravates the problem. Benjamin himself understood the problem of revolution to be primarily that of the conceptualization of collective experience (its possibility and sites) under the (...) conditions of modern bourgeois society. The novelty of his approach to revolution lies in the fact that he directly connects it with historical experience. Benjamin’s conception of revolution thus constitutes an integral part of his distinctive theory of historical knowledge, which is also essentially a theory of experience. Through a detailed study of Benjamin’s writings on the topics of the child and the dream, and an analysis of his ideas of history, the fulfilled wish, similitude and communist society, this book shows how the conceptual analysis of his corpus can get to the heart of Benjamin’s conception of revolutionary experience and distil its difficulties and mechanisms. (shrink)

We examine moving spotlight theories of time: theories according to which there are past and future events and an objective present moment. In Section 1, we briefly discuss the origins of the view. In Section 2, we describe the traditional moving spotlight view, which we understand as an ‘enriched’ B-theory of time, and raise some problems for that view. In the next two sections, we describe versions of the moving spotlight view that we think are better and which solve those (...) problems. In Section 3, we describe a version of the view that combines permanentism – the thesis that all things always exist – with propositional temporalism, the thesis that some propositions are sometimes true and sometimes false. In Section 4, we discuss a version of the view that is like an ‘enriched’ presentism. We conclude with some brief thoughts on issues that remain outstanding. (shrink)

This thesis considers two allegations which conservatives often level at no-fault systems — namely, that responsibility is abnegated under no-fault systems, and that no-fault systems under- and over-compensate. I argue that although each of these allegations can be satisfactorily met – the responsibility allegation rests on the mistaken assumption that to properly take responsibility for our actions we must accept liability for those losses for which we are causally responsible; and the compensation allegation rests on the mistaken assumption that tort (...) law’s compensatory decisions provide a legitimate norm against which no-fault’s decisions can be compared and criticized – doing so leads in a direction which is at odds with accident law reform advocates’ typical recommendations. On my account, accident law should not just be reformed in line with no-fault’s principles, but rather it should be completely abandoned since the principles that protect no- fault systems from the conservatives’ two allegations are incompatible with retaining the category of accident law, they entail that no-fault systems are a form of social welfare and not accident law systems, and that under these systems serious deprivation – and to a lesser extent causal responsibility – should be conditions of eligibility to claim benefits. (shrink)