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

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)

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)

Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal. This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards of proof (...) and considers what justifies them. Second, it discusses whether we should use different standards in different cases. Third, it asks whether trials should end only in binary outcomes (e.g. guilty or not guilty) or rather use more fine-grained or precise verdicts. Fourth, it considers whether proof is simply about probability, concentrating on the famous 'Proof Paradox'. Finally, it examines who should be trusted with deciding trials, focusing on the jury system. (shrink)

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)

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)

Discusses the question of whether trials should just use two verdicts (e.g. guilty or not guilty) or whether they use multiple verdicts.

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)

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)

Este ensaio pretende tatear uma hipótese relacional entre dois elementos heterogêneos: a obra de Christopher Isherwood e o poema elegíaco. Para tal, tomar-se-ão duas obras de Isherwood –“Christopher and His Kind” (1976) e “The Berlin Stories” (1945) –e a peculiar interpretação de Paul Veyne acerca do modo de escrita elegíaca. O que se defenderá, então, é que ao se construir a personagem de Sally Bowles, Isherwood descola o ente extra-textual (Jean Ross), assim como faz consigo mesmo quando escreve sobre (...) si. Como percurso para tal interpretação, este texto se divide em três partes: a primeira fará uma retomada biográfica de Christopher Isherwood, a segunda uma apresentação das duas personificações supracitadas, e a terceira uma explicação a partir do caráter elegíaco, tal como visto por Paul Veyne. (shrink)

Critics often argue that Ross’s metaphysical and epistemological accounts of all-things-considered duties suffer from the problem of explanation. For Ross did not give us any clear explanation of the combination of pro tanto duties, i.e. how principles of pro tanto duties can combine. Following from this, he did not explain how we could arrive at overall justified moral judgements. In this paper, I will argue that the problem of explanation is not compelling. First of all, it is based (...) on the classical account of pro tanto duties. Principles of pro tanto duties can be understood in another way, i.e. in terms of reason-giving account that might be of help to provide a response to the critics. Furthermore, critics fail to see some evidence in Ross about how we can arrive at moral judgements. (shrink)

Thomas Hurka’s recursive account of value appeals to certain intuitions to expand the class of intrinsic values, placing concepts of virtue and desert within the realm of second and third order intrinsic goods, respectively. This is a formalization of a tradition of thought extending back to Aristotle and Kant via the British moralists, G. E. Moore, and W. D. Ross. However, the evidential status of such intuitions vis a vis the real, intrinsic value of virtue and desert is hostage (...) to alternative explanations. If there is a plausible competing explanation for these intuitions, then the (putative) fact that desert and virtue are intrinsic (rather than instrumental or derivative) goods seems a much less obvious choice for the best explanation. As it turns out, there are plausible evolutionary explanations for these intuitions about desert and virtue. These evolutionary explanations suggest that it is adaptive to value desert and virtue separately from their instrumentality for other goods. Consequently, these explanations debunk intuitions about the intrinsic value of desert and virtue. (shrink)

Topics include sources of schematic effects on memory; the M. Ross and M. Conway model; E. R. Hirt's model of reconstructive memory; and moderators of the relative weighting of expectancy vs memory trace.

For more than 200 years scholars have proceeded on the assumption that there was a controversy (in the sense of an argumentative exchange) between the bishop of Cork and Ross, Peter Browne (c. 1665–1735), and his nowadays more famous contemporary, the bishop of Cloyne, George Berkeley (1685–1753) about what we might call ‘the problem of divine attributes’. This problem concerns one of the most vexing issues for 17th /18th century Irish intellectuals. Simply put, it turns on two interconnected questions, (...) namely (1) an ontological question regarding God’s attributes and (2) a semantical question regarding the proper conception of analogy: -/- (1) Do God’s attributes only differ in degree or also in kind from their human counterparts? -/- (2) Is “analogical attribution” only concerned with the structure or the modus of the attribution? That is, is it a separate mode of speech (apart from the metaphorical and literal) or does it just mean we have to use analogies for our divine attributions? -/- In regard to the first question Berkeley argues the attributes of God and humans only differ in degree but not in kind (Alc. 4.22). Browne, on the other hand, is convinced that human and divine attributes differ in kind: “What Knowledge and Goodness are in the Nature of Man, that some inconceivable but correspondent Perfections are in the Nature of God […] which tho’ totally different in Kind from those Properties in us bearing the same Name” (Procedure, 138). Furthermore, Berkeley rejects the notion that analogical attribution is a separate mode of speech in addition to the literal and the metaphorical. Rather, it is an attribution made in the form of an analogy in which the words can be used literally or metaphorically (Alc. 4.21). By contrast, Browne repeatedly insists analogical attribution is more than just using analogies for attributing something to God. He thinks it is a separate mode of speech that ought to be distinguished from literal and metaphorical language (Procedure, 12, 23–29, 123–46). -/- Hence, there can be no doubt that Browne and Berkeley advance conflicting solutions to the problem of divine attributes. Yet, advancing disagreeing positions is not the same as having a (heated) argumentative exchange, i.e., a controversy. In contrast to the controversy-reading, I will defend the following view: Browne surely felt attacked by Berkeley’s elaborations in Alciphron (1732) and reacted to them in his Divine Analogy (1732/3). However, there was no argumentative exchange because Browne’s Procedure (1728) had virtually no influence on Berkeley when he was writing Alciphron. Furthermore, the available evidence suggests that Berkeley was indifferent to the (elaborate) criticisms of Alciphron found in Browne’s Divine Analogy. Thus, while the two bishops have differing positions and Browne reacted to Berkeley there is no reaction on Berkeley’s part and hence there is no argumentative exchange between the two at all, which is why their differing opinions are best described as such and not as a controversy. (shrink)

For Aristotle, a verb (ῥῆμα) is that which a) besides a proper meaning b) carry with it the notion of time; c) its parts do not significate separately and d) is a sign of something said of something else (OI ., 2, 16b6-8). This comprehensive definition distinguishes verbs from both nouns (since they do not carry the notion of time with themselves) and sentences or co-positings of words (since they have parts with independent meanings). Based on this definition, a verb (...) signifies three things: i) A main or proper meaning which is the meaning of the verb, e.g. running or sleeping; ii) time and iii) co-positing (or positing away). Although it is not asserted that one part is responsible for prossignification of time, its responsibility is given to co-positing-is. This might seem to be in contradiction with (c). However, it seems that (c) cannot include prossignifications of time and co-positing. What Aristotle means in (c) is just that parts of a verb cannot separately signify a meaning. Therefore, it is better to distinguish between signification, which is about meaning and prossignification, which is generally about anything but meaning. Hence, while the parts of the verb cannot have separate signification, they can have separate prossignification. Aristotle distinguishes between different kinds of verbs: 1) Definite verbs: those verbs that have definite nouns as their verb-name. 2) Indefinite verbs: those verbs that do not have definite nouns as their verb-name (OI., I, 3, 16b12-14; 10, 19b10-11). Aristotle’s examples of an indefinite verb are ‘is not-healthy’ and ‘is not-ill’. 3) Tenses of verbs: ‘was healthy’ and ‘will be healthy’ are tenses of the verb ‘is healthy’ because a verb indicates only the present time (OI., I, 3, 16b16-18). For Aristotle, almost all verbs either are composed of or can be analyzed to parts. An example of the former is ‘is healthy’ and of the latter is ‘runs,’ which can be analyzed to two parts: ‘is running.’ (OI., I, 10, 20a3-5; II, 12, 21b5-8). Thus, for him a verb either includes or can be analyzed to two parts: a part that includes the meaning and is, or is shown, by a name we call ‘verb-name’ (a), and a part that includes the co-positing of that meaning with the subject of the verb, which is or is shown by ‘is’, which we call ‘co-positing-is’ (d). The verb ‘runs’, for example, can be analyzed to a verb-name, ‘running’ and a co-positing-is (Note: Aristotle distinguishes between the verb ‘is’ in the sense of ‘exists’ and the co-positing ‘is’. Whereas in the former ‘is’ is a verb, having a signification of its own, which is ‘existing’, besides signifying time (OI., I, 10, 19b12-19), the ‘is’ in the latter is not a verb (Aristotle calls it ‘incidental’ is (OI., II, 11, 21a25-28) and is not sure whether to call it a verb or a noun (OI., I, 10, 19b22-24)) because it does not signify existing and, thus, need something else to be added. This something else is the meaning we are discussing. Therefore, it is only after the addition of the meaning to this ‘is’ that we have a verb. This is, I believe, the sense of the so much controversial text of OI, I, 3, 16b22-25: ‘For being and not being signify the existence of a thing not τὸ ὄν εἴπῃς αὐτὸ καθ᾿ ἑαυτὸ ψιλόν. For it does not indicate anything but prossignifies some co-positing (σύνθεσίν). Aristotle’s words at 16b24 about co-positing-is that it ‘prossignifies some co-positing’ (προσσημαίνει δὲ σύνθεσίν τινα) is an explicit evidence that she cannot be right.) and is not a concept apart from the things co-posited (συγκειμένων).’ This text, however, is so controversial. Originating from Ammonius and Boethius after him, who used the verb ‘copular’ for ‘est’ and Abelard, some commentators like Weidemann, Oehler, Francisco Ademollo take ‘is’ as having a copulative function. Allen Bāck notes that Aristotle does not separate off ‘is’ from other verbs as a mere copula but takes it ‘as the basic, paradigmatic form of the verb.’ He believes that in his interpretation of Aristotle (in: OI., 55, 19-24) Ammonius also took it as the paradigm for all verbs. Francisco Ademollo criticizes the standard view of taking ‘is’ as copula here and is inclined to take it as essential. David Ross thinks that although Aristotle is aware of the distinction between the existential and the copulative is, he has as yet no very clear idea of their relation. Although Jonathan Barnes agrees that the copula is surely present in de Interpretation, he thinks that at 16b22-25 Aristotle ought to be talking of existential εἶναι. Marie De Rijk Lambartus believes that there is no copula in Aristotle’s philosophical analysis of the elementary sentences and it is a mere corpus alienum in Aristotle’s semantics. Allan Bȃck believes that the copulative theory is not Aristotle’s and ‘may have come to dominate as a result of the neoPlatonizing interpretations of Aristotle’s works by Proclus, Ammonius and Boethius, which is the sign of the relation of running with a subject, e.g. Socrates in ‘Socrates runs’. Nonetheless, none of these parts significate separately. This is supposed to mean that a verb is a single signification. However, it is evident that each of the parts can signify if we use them in a different context as both of ‘running’ and ‘is’ in ‘runs’ or both of ‘is’ and ‘healthy’ in ‘is healthy’ can do. It might seem now that the first mentioned definition of verb might be contradictory. While Aristotle asserts that the parts of verb do not signify separately (d), he considers two other significations for a verb: the signification of time and relation. As it is obvious, both of these significations are done by one part of the verb, that is the co-positing-is. Therefore, in a verb e.g. ‘is healthy’ we have three significations: the significations of meaning, time and co-positing. Aristotle uses prossignification both for time (προσσημαῖνον χρόνον, OI., 2, 16b4) and co-positing (προσσημαίνει δἑ σύνθεσὶν τινα, OI, I, 3, 16b23-24). Since the copula part of a verb has no signification and does not form any conception, a verb is indeed its verb-name. Thus we see Aristotle saying that ‘verbs are in and by themselves names and signify something’ and like names, he adds, they arrest the hearer’s mind and fix his attention (OI., I, 3, 16b19-22). We can conclude then that verbs are names said of something else and carrying time. In other words, verbs are words that though have one single signification, as names have, they also have two other prossignifications: time and relation. (shrink)

I. Introduzione. I.1. Un’editio minor come sfida aperta. I.2 Per una più selettiva eliminatio. II.1 Sulla storia del problema : l’eredità del XIX secolo (Brandis 1823, Christ 1885, Gercke 1892) nelle edizioni del XX (Ross 1924, Jaeger 1957). II.2. Studi recenti : la necessità di un superamento. II.3. Lo stemma di riferimento : Harlfinger (1979). II.4. L’applicazione dello stemma nel libro Alpha edito da Primavesi. II.5. La revisione dello stemma, proposta per Kappa e Lambda (2009, 2010). II.6. La reazione (...) : discussioni sul ruolo della tradizione β in Kappa e Lambda (2015). III. Una verifica dello stemma in agenda : la divisione delle due famiglie. III.1 Fra i codici β : L’Ambrosianus F 113 Sup. come codex descriptus ? (libri I-IX inc.). III.2. L’ipotesi dell’ interpositus ε e le sue implicazioni sistematiche. III.3 Allievo e maestro nel XV secolo : Matthaios Chamariotes (C) e Giorgio Scholarios, Gennadeios II (Vk). III.4. Il non liquet sulle parti inferiori dello stemma e il concetto di contaminazione. IV.1. Rivedendo lo stemma dall’interno : il problema critico degli errori-guida (Leitfehler). IV.2. Iudicium e valutazione degli errori. IV.3. Errori separativi ed errori congiuntivi secondo la Textkritik di Paul Maas. IV.4. Una verifica importante : il ruolo di γ. V. Un’ipotesi alternativa . V.1. Il testo della Metafisica nei codici poziori. V.2. Un ritorno alla sigla ". V.3. Un nuovo stemma dei codici principali della Metafisica. Appendice : una verifica sull’ipotesi γ. (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...) that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

In this paper I discuss the ontological status of actants. Actants are argued as being the basic constituting entities of networks in the framework of Actor Network Theory (Latour, 2007). I introduce two problems concerning actants that have been pointed out by Collin (2010). The first problem concerns the explanatory role of actants. According to Collin, actants cannot play the role of explanans of networks and products of the same newtork at the same time, at pain of circularity. The second (...) problem is that if actants are, as suggested by Latour, fundamentally propertyless, then it is unclear how they combine into networks. This makes the nature of actants inexplicable. -/- I suggest that both problems rest on the assumption of a form of object ontology, i.e. the assumption that the ontological basis of reality consists in discrete individual entities that have intrinsic properties. I argue that the solution to this problem consists in the assumption of an ontology of relations, as suggested within the framework of Ontic Structural Realism (Ladyman & Ross, 2007). Ontic Structural Realism is a theory concerning the ontology of science that claims that scientific theories represent a reality consisting on only relation, and no individual entities. -/- Furthermore I argue that the employment of OSR can, at the price of little modification for both theories, solve both of the two problems identified by Collin concerning ANT. -/- Throughout the text I seek support for my claims by referring to examples of application of ANT to the context of networked learning. As I argue, the complexity of the phenomenon of networked learning gives us a convenient vantage point from which we can clearly understand many important aspects of both ANT and OSR. -/- While my proposal can be considered as an attempt to solve Collin's problems, it is also an experiment of reconciliation between analytic and constructivist philosophy of science. -/- In fact I point out that on the one hand Actor Network Theory and Ontic Structural Realism show an interesting number of points of agreement, such as the naturalistic character and the focus on relationality. On the other hand, I argue that all the intuitive discrepancies that originates from the Science and Technology Studies’ criticism against analytic philosophy of science are at a closer look only apparent. (shrink)

This paper concerns the Black Box. It is not the engineer’s black box that can be opened to reveal its mechanism, but rather one whose operations are inferred through input from (and output to) a companion observer. We are observers ourselves, and we attempt to understand minds through interactions with their host organisms. To this end, Ranulph Glanville followed W. Ross Ashby in elaborating the Black Box. The Black Box and its observer together form a system having different properties (...) than either component alone, making it a greater Black Box to any further-external observer. How far into this greater box can a further-external observer probe? The answer is crucial to understanding Black Boxes, and so an answer is offered here. It employs von Foerster’s machines, abstract entities having mechano-electrical bases, just like putative Black Boxes. Von Foerster follows Turing, Ashby, E. F. Moore, and G. H. Mealy in recognizing archetype machines that he calls trivial (predictable) and non-trivial (non-predictable). It is argued here that non-trivial machines are the only true Black Boxes. But non-trivial machines can be concatenated from trivial machines. Hence, the utter core of any greater Black Box (a non-trivial machine) may involve two (or more) White Boxes (trivial machines). This is how an unpredictable thing emerges from predictable parts. Interactions of White Boxes—of trivial machines—may be the ultimate source of the mind. Keywords: . (shrink)

Normativism is the view that logic provides rules for correct reasoning. Some influential critics of normativism, such as Gilbert Harman, claim that logical rules provide reasoners with bad or misleading standards. Others, such as Gillian Russell, claim that logic is a descriptive subject and thus cannot, given Hume’s law, provide rules for reasoning. We think these critics are mistaken. Our aim in this paper is to defend normativism by sketching an alternative way of thinking about the normative force of logical (...) rules. On our view, logical rules are best characterized, in a broadly Rossian manner, as intellectual prima facie duties; i.e., they provide standards for evaluating reasoning and reasoners that are universal and authoritative, but not absolute. This position accommodates the inherent normativity of logic, contra Russell, while circumventing the challenges to normativism raised by Harman. (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.

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.

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)

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)

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)

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)

Social scientists appeal to various “structures” in their explanations including public policies, economic systems, and social hierarchies. Significant debate surrounds the explanatory relevance of these factors for various outcomes such as health, behavioral, and economic patterns. This paper provides a causal account of social structural explanation that is motivated by Haslanger (2016). This account suggests that social structure can be explanatory in virtue of operating as a causal constraint, which is a causal factor with unique characteristics. A novel causal framework (...) is provided for understanding these explanations–this framework addresses puzzles regarding the mysterious causal influence of social structure, how to understand its relation to individual choice, and what makes it the main explanatory (and causally responsible) factor for various outcomes. (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)

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)

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)

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)

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)

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)

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)

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 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.

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.

Pessimistic empirical evidence about the reformatory and deterrent effects of punitive treatment poses a challenge for all justificatory theories of punishment. Yet, the dominant progressive view remains that punishment is required for the most serious crimes. This paper outlines an empirically sensitive prospectus for justifying punitive treatment through understanding the importance of reintegration. On this view, punishment can be viewed as a preferred alternative to the rigours of social ostracism, a common way of dealing with offenders in lieu of formal (...) criminal justice. Adopting reintegration as a primary aim encourages taking a longer view which focuses on desistance from criminality rather than only on reform at the point of release from formal punishment. The view outlined in this paper enables a vindication of reintegrative punishment even when it is not the most immediately efficient means of reforming offenders. In making this argument, I develop the modern retributive platform in criminal justice theory, identify various overlooked yet key nuances in the relationship between reintegration and reform, and argue for greater theoretical and practical attention to how the state can make the communities they serve more receptive to reintegrating offenders. (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)

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)

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)

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)