Editors' introduction to 3rd thematic issue on philosophy of medicine.

One notable area in analytic metaphysics that has seen a revival of Aristotelian and scho- lastic inspired metaphysics is the return to a more robust construal of the notion of essence, what some have labelled “real” or “serious” essentialism. However, it is only recently that this more robust notion of essence has been implemented into the debate on truthmaking, mainly by the work of E. J. Lowe. The first part of the paper sets out to explore the scholastic roots of (...) essential dependence as well as an account of truthmaking for accidental predications in terms of accidents. Along the way, the author examines the dialectical role the possibility of separated accidents in the Eucharist play with respect to developing a scholastic account of truthmaking as essential dependence. In conclusion the author utilises Aquinas’s hylomorphic ontology to suggest a new way forward for an essentialist account of truthmaking. (shrink)

Central to W.E.B. Du Bois’s political theory is a conception of “world” remarkably similar to that put forward, years later, by Martin Heidegger. This point is more methodological than historical: I claim that approaching Du Bois’s work as a source, rather than as a product, of concepts that resonated with subsequent thinkers allows us to better appreciate the novelty and vision of his political theory. Exploring this resonance, I argue, helps to refine the notions of world and founding present in (...) each theorist’s work. Yet, it is only by remaining attentive to their differences that we can understand how Du Bois and Heidegger could endorse such dramatically opposed political programs despite similar theoretical starting points. (shrink)

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)

This article gives a critical account of Agamben's contention that the camp is the paradigm of 'bio-politics' in the west. It analyses the deficiencies of this paradigm by means of comparison with other approaches to juridical topics and political theory (e.g., the treatments of the topics of force and state power in liberalism and Foucault). First, I ask about the features Agamben ascribes to the camp space and in what respects they support his contention that the camp has general significance. (...) Second, I question the reasons he gives for his view that the camp situation discloses the general tendencies of legal codes and practices in the West. In particular, I ask whether, as Agamben contends, his approach allows tendencies in the West that would otherwise be obscure to be identifiable, or whether his approach is too speculative to be useful as political theory. (shrink)

Abstract -/- “The Obvious Invisibility of the Relationship Between Technology and Social Values” -/- We all too often assume that technology is the product of objective scientific research. And, we assume that technology’s moral value lies in only the moral character of its user. Yet, in order to objectify technology in a manner that removes it from a moral realm, we rely on the assumption that technology is value neutral, i.e., it is independent of all contexts other than the context (...) in which it is used morally or immorally by someone. However, there is a power to technology. At the very least, technology should be seen as reflecting the values that it rises from: a developmental context. Consequently, we can make the invisible moral realm visible as we investigate the relationship between culture and technology. Pragmatically, we can trace how cultural values inform what counts as a scientific question. When we look at the 1980s epidemiological model for AIDS we see how the presuppositions within a culture frame the type of question asked, i.e. What population do we see AIDS occurring in? This question initially leads scientific research away from actual individual behaviors until a different question is asked that leads the question towards behavioral epidemiological models rather than population models. Secondly, we can make visible the circumstance that depicts that what constitutes a scientific problem has a direct relationship to the types of technologies that are developed. We can more clearly see this circular relationship between culture and technology by looking at clinical research and practice regarding heart disease. Men who were dying of diagnosed heart disease were showing symptoms of problems in large arteries of the heart. Women were also dying of heart disease, but since their large arteries were not overwhelmingly compromised they were not being properly diagnosed until recently. Different technologies and protocol were needed to “see” different symptoms in the smaller vessels of women. Thirdly, I show how the types of technology developed, in turn, can create new values or enhance preexisting values within a culture. DNA research can be used to investigate long, unanswered questions about qualitative dimensions of life in quantitative manners. Yet, long held unanswered questions about a biological basis of race or intelligence are themselves rarely challenged as uninteresting or misguided even when they are tied to prejudicial qualitative assumptions if the chance of a “scientific” answer is possible. When existing technologies or modifications of existing technologies can be used they seem to direct human reactions and behaviors in predictable ways. The technologies themselves may be said to direct culture in ethically valenced manners. (shrink)

In this paper, we explore the conceptual problems arising when using network analysis in person- centered care (PCC) in psychiatry. Personalized network models are potentially helpful tools for PCC, but we argue that using them in psychiatric practice raises boundary problems, i.e., problems in demarcating what should and should not be included in the model, which may limit their ability to provide clinically-relevant knowledge. Models can have explanatory and representational boundaries, among others. We argue that we can make more explicit (...) what kind of questions personalized network models can address in PCC, given their representational and explanatory boundaries, using perspectival reasoning. (shrink)

When I say that my conception of metaphysics is Aristotelian, or neo-Aristotelian, this may have more to do with Aristotle’s philosophical methodology than his metaphysics, but, as I see it, the core of this Aristotelian conception of metaphysics is the idea that metaphysics is the first philosophy . In what follows I will attempt to clarify what this conception of metaphysics amounts to in the context of some recent discussion on the methodology of metaphysics (e.g. Chalmers et al . (2009), (...) Ladyman and Ross (2007)). There is a lot of hostility towards the Aristotelian conception of metaphysics in this literature: for instance, the majority of the contributors to the Metametaphysics volume assume a rather more deflationary, Quinean approach towards metaphysics. In the process of replying to the criticisms towards Aristotelian metaphysics put forward in recent literature I will also identify some methodological points which deserve more attention and ought to be addressed in future research. (shrink)

No matter how it is viewed, as a plausible version of anti-utilitarianism or of non-consequentialist, or even as a plausible version of deontology, the theory of prima facie duties certainly makes W. D. Ross one of the most important moral philosopher of the twentieth-century. By outlining his pluralistic deontology, this paper attempts to argue for a positive answer to the question of whether Ross’s theory can offer a solution to the issue of conflicting duties. If such a solution (...) is convincing, as I believe it is, it would indicate the possibility to justify within the deontological framework, i.e., without committing to the principle of good-maximizing, those “hard cases” where people should break a promise or other (prima facie) duty in order to prevent a disastrous outcome. The theory of prima facie duties might then suggest that deontology and utilitarianism would likely be reconcilable. (shrink)

In recent years there has been a growing interest among mainstream Anglophone moral philosophers in the empirical study of human morality, including its evolution and historical development. This chapter compares these developments with an earlier point of contact between moral philosophy and the moral sciences in the early decades of the Twentieth century, as manifested in some of the less frequently discussed arguments of G. E. Moore and W. D. Ross. It is argued that a critical appreciation of Moore (...) and Ross’s response to the emerging moral sciences of their day has significant implications for contemporary moral epistemology. The chapter also offers a novel interpretation of G. E. Moore’s ‘open question argument’. (shrink)

In this chapter I critically discuss the dismissal of the philosophical significance of facts about human evolution and historical development in the work of W. D Ross. I address Ross’s views about the philosophical significance of the emerging human sciences of his time in two of his main works, namely The Right and the Good and The Foundations of Ethics. I argue that the debate between Ross and his chosen interlocutors (Herbert Spencer, Emile Durkheim and Lucien Levy-Bruhl) (...) shows striking similarities with parallel debates in contemporary moral philosophy. (shrink)

We give a brief overview of several recent strands of speech-act theory, and then survey some issues in social and political philosophy can be profitably understood in speech-act-theoretic terms. Our topics include the social contract, the law, the creation and reinforcement of social norms and practices, silencing, and freedom of speech.

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)

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)

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)

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)

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 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)

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)

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.

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)

Recent scholarship has drawn attention to John Rawls’s concern with stability—a concern that, as Rawls himself notes, motivated Part III of A Theory of Justice and some of the more important changes of his political turn. For Rawls, the possibility of achieving ‘stability for the right reasons’ depends on citizens possessing sufficient moral motivation. I argue, however, that the moral psychology Rawls develops to show how such motivation would be cultivated and sustained does not cohere with his specific descriptions of (...) ‘pluralist ’ doctrines. Considering Rawls’s claims that ‘most’ citizens—both in contemporary liberal democracies and in the well-ordered society—possess such doctrines, this incompatibility threatens to undermine his stability arguments. Despite the enormous importance of pluralist doctrines and the potential difficulties they pose for Rawls’s project, remarkably little attention has been paid to them. By critically examining these difficulties, the article begins to address this oversight. (shrink)

2015 Reprint of 1956 Printing. Full facsimile of the original edition. Not reproduced with Optical Recognition Software. Cybernetics is here defined as "the science of control and communication, in the animal and the machine"-in a word, as the art of steersmanship; and this book will interest all who are interested in cybernetics, communication theory and methods for regulation and control. W. Ross Ashby (1903-1972) was an English psychiatrist and a pioneer in cybernetics, the study of complex systems. His two (...) books, "Design for a Brain" and "An Introduction to Cybernetics," were landmark works. They introduced exact and logical thinking into the nascent discipline and were highly influential. Contents include: What is new -- Change -- The Determinate Machine -- The Machine with Input -- Stability -- The Black Box -- Quantity of Variety -- Transmission of Variety -- Incessant Transmission -- Regulation in Biological Systems -- Requisite Variety -- The Error-controlled Regulator -- Regulating the Very Large System -- Amplifying Regulation. (shrink)

The so-called Final Ranking of the Philebus offers Socrates’ final evaluation of the relative merits of pleasure and reason in the best life. I begin by examining two common lines of interpretation as they address the criterion according to which the final ranking is organized. I then discuss the role ‘similarity’ has in organizing the investigation throughout the dialogue, from the initial comparison of the two lives (of reason and pleasure singly) down through the final ranking. I then consider the (...) thematic discussions of pleasure and reason separately, arguing that their treatments display an intriguing structural similarity. Next, I propose my own reading of the final ranking, whereby the ‘dependence’ relation at work in those two specific discussions may be see as the through-line of all (now five) tiers of the final ranking. I conclude by suggesting that this interpretation is able to preserve what is worthwhile in the two traditional lines of interpretation, while avoiding the pitfalls that tend to accompany them. (shrink)

This chapter aims to explore the intersection of Christian theism, a neo-Aristotelian gloss on metaphysical grounding, and creaturely participation in God. In section one, I aim to de- velop several core tenets at the heart of a theistic participatory ontology as it is found in the Christian tradition, what I call minimal participatory ontology. In section two, I examine the contemporary notion of metaphysical grounding, namely the formal and structure features of the grounding relation, and offer a grounding-theoretic framework for (...) understanding a mini- mal participatory ontology. Finally, in section three, I put forward a neo-Aristotelian account of metaphysical grounding in particular, one that is uniquely suited to capture the central tenets of minimal participatory ontology. (shrink)

Heidegger claims that Dasein’s capacity for adopting intentional stances toward the world is grounded in the reflective structure of its being, which dictates that Dasein exists for the sake of a possibility of itself. Commentators have glossed this reflective structure in terms of the idea that our subjection to the normative demands of intentionality is grounded in a basic commitment to upholding an identity-concept, such as an occupation or social role. I argue that this gloss has serious adverse implications for (...) Heidegger’s philosophical project and for the internal coherence of his theory of intention. I recommend an alternative gloss on the reflective structure of existence, according to which sustaining a robust claim to openness to the world specifies the universal, formal object of intentional stance-taking. The reflective structure of existence should be understood through the concept of self-maintenance, rather than self-definition. (shrink)

In an important discussion of the problem of hiddenness, Michael Rea briefly presents and defends an argument from divine hiddenness which he thinks encapsulates the problem of divine hiddenness, and then develops a detailed and nuanced response to this argument. Importantly, Rea claims that his response does not depend on the commonly held theistic view that God allows hiddenness to secure human goods. In this paper I offer a detailed criticism of Rea’s account of what justifies God in allowing divine (...) hiddenness, arguing that Rea’s response to the argument from divine hiddenness is unsuccessful. (shrink)

In his article “The Existence and Irrelevance of Gratuitous Evil,” Kirk R. MacGregor has argued that the Christian theist need not demur at the existence of gratuitous evil. In fact, we are told that Christian theists have ample philosophical, theological, and biblical evidence in favor of the existence of gratuitous evil. In this brief note I examine both the general structure of his argument as well as several of his more central arguments in favor of gratuitous evil and the compatibility (...) of such evil with Christian theism. (shrink)

I offer a concise critique of a recurring line of reasoning advanced by Joseph LaPorte and Samir Okasha that all modern species concepts render the view that biological organisms essentially belong to their species empirically untenable. The argument, I claim, trades on a crucial modal ambiguity that collapses the de re/de dicto distinction. Contra their claim that the continued adherence of such a view on behalf of contemporary metaphysicians stems from the latter’s ignorance of developments in modern biology, the modal (...) ambiguity reveals the need to retrain in modal metaphysics. (shrink)

In this entry, we outline the ways in which evolutionary theory has implications for the objectivity of morality.

Chemical visualizations and models are special kinds of situated, inductive arguments. In this paper, I examine several historical case studies—an archive of images from museums, special collections, and popular magazines—as examples of emergent practices of physical modeling as theoretical play which became the basis for molecular biology and structural chemistry. Specifically, I trace a legacy of visualization tools that starts with Archibald Scott Cooper and Friedrich Kekulé in the late 1800s, crystallizes as material manipulatives in Kekulé’s student Jacobus Henricus Van’t (...) Hoff and his folded paper “toys,” is legitimized in the California lab of Linus Pauling, and is glorified in the popular imaginary with James Watson and Francis Crick’s model of DNA. My tracing then follows several threads into contemporary modeling practices. I ultimately argue that modeling play, originally outside of the boundary of deductive, positivist science, is now an accepted mode of inductive reasoning in these related chemical fields. (shrink)

Recent experimental studies indicate that epistemically irrelevant factors can skew our intuitions, and that some degree of scepticism about appealing to intuition in philosophy is warranted. In response, some have claimed that philosophers are experts in such a way as to vindicate their reliance on intuitions—this has become known as the ‘expertise defence’. This paper explores the viability of the expertise defence, and suggests that it can be partially vindicated. Arguing that extant discussion is problematically imprecise, we will finesse the (...) notion of ‘philosophical expertise’ in order to better reflect the complex reality of the different practices involved in philosophical inquiry. On this basis, we offer a new version of the expertise defence that allows for distinct types of philosophical expertise. The upshot of our approach is that wholesale vindications or rejections of the expertise defence are shown to be unwarranted; we must instead turn to local, piecemeal investigations of philosophical expertise. Lastly, in the spirit of taking our own advice, we exemplify how recent developments from experimental philosophy lend themselves to this approach, and can empirically support one instance of a successful expertise defence. (shrink)

Hutto and Myin claim that teleosemantics cannot account for mental content. In their view, teleosemantics accounts for a poorer kind of relation between cognitive states and the world but lacks the theoretical tools to account for a richer kind. We show that their objection imposes two criteria on theories of content: a truth-evaluable criterion and an intensionality criterion. For the objection to go through, teleosemantics must be subject to both these criteria and must fail to satisfy them. We argue that (...) teleosemantics meets the truth-evaluable criterion and is not required to meet the intensionality criterion. We conclude that Hutto and Myin’s objection fails. (shrink)

The free energy principle is notoriously difficult to understand. In this paper, we relate the principle to a framework that philosophers of biology are familiar with: Ruth Millikan’s teleosemantics. We argue that: systems that minimise free energy are systems with a proper function; and Karl Friston’s notion of implicit modelling can be understood in terms of Millikan’s notion of mapping relations. Our analysis reveals some surprising formal similarities between the two frameworks, and suggests interesting lines of future research. We hope (...) this will aid further philosophical evaluation of the free energy principle. (shrink)

Over the last fifteen years, an ambitious explanatory framework has been proposed to unify explanations across biology and cognitive science. Active inference, whose most famous tenet is the free energy principle, has inspired excitement and confusion in equal measure. Here, we lay the ground for proper critical analysis of active inference, in three ways. First, we give simplified versions of its core mathematical models. Second, we outline the historical development of active inference and its relationship to other theoretical approaches. Third, (...) we describe three different kinds of claim -- labelled mathematical, empirical and general -- routinely made by proponents of the framework, and suggest dialectical links between them. Overall, we aim to increase philosophical understanding of active inference so that it may be more readily evaluated. -/- This the final submitted version of the Introduction to the Topical Collection "The Free Energy Principle: From Biology to Cognition", forthcoming in Biology & Philosophy. (shrink)

Abstract Most discussions of risk are developed in broadly consequentialist terms, focusing on the outcomes of risks as such. This paper will provide an alternative account of risk from a virtue ethical perspective, shifting the focus to the decision to take the risk. Making ethical decisions about risk is, we will argue, not fundamentally about the actual chain of events that the decision sets in process, but about the reasonableness of the decision to take the risk in the first place. (...) A virtue ethical account of risk is needed because the notion of the ‘reasonableness’ of the decision to take the risk is affected by the complexity of the moral status of particular instances of risk-taking and the risk-taker’s responsiveness to these contextual features. The very idea of ‘reasonable risk’ welcomes judgments about the nature of the risk itself, raises questions about complicity, culpability and responsibility, while at its heart, involves a judgement about the justification of risk which unavoidably focuses our attention on the character of the individuals involved in risk making decisions. Keywords: Risk; ethics; morality; responsibility; virtue; choice; reasons . (shrink)

The Foundational Model of Anatomy (FMA) symbolically represents the structural organization of the human body from the macromolecular to the macroscopic levels, with the goal of providing a robust and consistent scheme for classifying anatomical entities that is designed to serve as a reference ontology in biomedical informatics. Here we articulate the need for formally clarifying the is-a and part-of relations in the FMA and similar ontology and terminology systems. We diagnose certain characteristic errors in the treatment of these relations (...) and show how these errors can be avoided through adoption of the formalism we describe. We then illustrate how a consistently applied formal treatment of taxonomy and partonomy can support the alignment of ontologies. (shrink)

Che cosa distingue, concettualmente, l’esattore delle tasse che esiga da un uomo, a pena di sanzioni, una determinata somma di denaro, dal bandito che gli intimi, sotto la minaccia di un’arma, di consegnargli la medesima somma? È sul soddisfacimento del requisito della giustizia che si fonda, come sostenne Agostino, l’eterogeneità tra uno Stato e un’accolita di furfanti? «Se non è rispettata la giustizia, che cosa sono gli Stati, se non delle grandi bande di ladri? Perché le bande di briganti che (...) cosa sono, se non dei piccoli Stati?». Il volume ripercorre le risposte più autorevoli fornite nel XX secolo, entro un orizzonte postmetafisico, alla domanda agostiniana: prima dell’avvento del regime nazista, la tesi che un’associazione a delinquere sia indistinguibile da uno Stato è stata sostenuta da Benedetto Croce, Santi Romano e Hans Kelsen; dopo l’esperienza del nazismo e delle sue atrocità, perpetrate in nome dello Stato e della legge, le questioni relative alla natura del diritto e alla relazione tra morale e diritto hanno assunto – come ha osservato Robert Alexy – «l’urgenza di un problema scottante», e la domanda filosofica sulla validità della legge ingiusta è apparsa ineludibile non solo ai maggiori filosofi del diritto (Herbert L.H. Hart, Alf Ross, Ronald Dworkin e lo stesso Alexy), ma alle stesse corti tedesche. (shrink)

In their landmark 2010 paper, “The weirdest people in the world?”, Henrich, Heine, and Norenzayan outlined a serious methodological problem for the psychological and behavioural sciences. Most of the studies produced in the field use people from Western, Educated, Industrialised, Rich and Democratic (WEIRD) societies, yet inferences are often drawn to the species as a whole. In drawing such inferences, researchers implicitly assume that either there is little variation across human populations, or that WEIRD populations are generally representative of the (...) species. Yet neither of these assumptions is justified. In many psychological and behavioural domains, cultural variation begets cognitive variation, and WEIRD samples are recurrently shown to be outliers. In the years since the article was published, attention has focused on the implications this has for research on extant human populations. Here we extend those implications to the study of ancient _H. sapiens_, their hominin forebears, and cousin lineages. We assess a range of characteristic arguments and key studies in the cognitive archaeology literature, identifying issues stemming from the problem of sample diversity. We then look at how worrying the problem is, and consider some conditions under which inferences to ancient populations via cognitive models might be provisionally justified. (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)

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)