The ethical philosophy of Emmanuel Levinas is typically associated with a punishing conception of responsibility rather than freedom. In this chapter, our aim is to explore Levinas’s often overlooked theory of freedom. Specifically, we compare Levinas’s account of freedom to the Kantian (and Fichtean) idea of freedom as autonomy and the Hegelian idea of freedom as relational. Based on these comparisons, we suggest that Levinas offers a distinctive conception of freedom—“finite freedom.” In contrast to Kantian autonomy, finite freedom constitutively involves (...) standing in certain social relations with others. And in contrast to Hegelian relational freedom, the social relations involved in finite freedom are not defined by mutual recognition, but by feelings of separation and even antagonism. Along the way, we promote a reading Levinas’s Totality and Infinity as a Hegel-style story of Bildung (development), and show how, on Levinas’s view, freedom can develop or mature in the life of the individual. (shrink)

Hofstadter [1979, 2007] offered a novel Gödelian proposal which purported to reconcile the apparently contradictory theses that (1) we can talk, in a non-trivial way, of mental causation being a real phenomenon and that (2) mental activity is ultimately grounded in low-level rule-governed neural processes. In this paper, we critically investigate Hofstadter’s analogical appeals to Gödel’s [1931] First Incompleteness Theorem, whose “diagonal” proof supposedly contains the key ideas required for understanding both consciousness and mental causation. We maintain that bringing sophisticated (...) results from Mathematical Logic into play cannot furnish insights which would otherwise be unavailable. Lastly, we conclude that there are simply too many weighty details left unfilled in Hofstadter’s proposal. These really need to be fleshed out before we can even hope to say that our understanding of classical mind-body problems has been advanced through metamathematical parallels with Gödel’s work. (shrink)

Traditional debate on the metaphysics of gender has been a contrast of essentialist and social-constructionist positions. The standard reaction to this opposition is that neither position alone has the theoretical resources required to satisfy an equitable politics. This has caused a number of theorists to suggest ways in which gender is unified on the basis of social rather than biological characteristics but is “real” or “objective” nonetheless – a position I term social objectivism. This essay begins by making explicit the (...) motivations for, and central assumptions of, social objectivism. I then propose that gender is better understood as a real kind with a historical essence, analogous to the biologist’s claim that species are historical entities. I argue that this proposal achieves a better solution to the problems that motivate social objectivism. Moreover, the account is consistent with a post-positivist understanding of the classificatory practices employed within the natural and social sciences. (shrink)

Ideas for integrating AI into politics are now emerging and advancing at accelerating pace. This chapter highlights a few different varieties and show how they reflect different assumptions about the value of democracy. We cannot make informed decisions about which, if any, proposals to pursue without further reflection on what makes democracy valuable and how current conditions fail to fully realize it. Recent advances in political philosophy provide some guidance but leave important questions open. If AI advances to a state (...) where it can secure superior political outcomes, leading perspectives in political philosophy suggest that democracy may become obsolete. If we find this suggestion troubling, we need to put the case for democracy on stronger foundations. (shrink)

The kinds of real or natural kinds that support explanation and prediction in the social sciences are difficult to identify and track because they change through time, intersect with one another, and they do not always exhibit their properties when one encounters them. As a result, conceptual practices directed at these kinds will often refer in ways that are partial, equivocal, or redundant. To improve this epistemic situation, it is important to employ open-ended classificatory concepts, to understand when different research (...) programs are tracking the same real kind, and to maintain an ongoing commitment to interact causally with real kinds to focus reference on those kinds. A tempting view of these non-idealized epistemic conditions should be avoided: that they signal an ontological structure of the social world so plentiful that it would permit ameliorated classificatory schemes to achieve their normative aims regardless of whether they defer to real-kind classificatory schemes. To ground these discussions, the essay appeals to an overlooked convergence in the systematic naturalistic frameworks of Richard Boyd and Ruth Millikan. (shrink)

There is growing support for the view that social categories like men and women refer to “objective types” (Haslanger 2000, 2006, 2012; Alcoff 2005). An objective type is a similarity class for which the axis of similarity is an objective rather than nominal or fictional property. Such types are independently real and causally relevant, yet their unity does not derive from an essential property. Given this tandem of features, it is not surprising why empirically-minded researchers interested in fighting oppression and (...) marginalization have found this ontological category so attractive: objective types have the ontological credentials to secure the reality (and thus political representation) of social categories, and yet they do not impose exclusionary essences that also naturalize and legitimize social inequalities. This essay argues that, from the perspective of these political goals of fighting oppression and marginalization, the category of objective types is in fact a Trojan horse; it looks like a gift, but it ends up creating trouble. I argue that objective type classifications often lack empirical adequacy, and as a result they lack political adequacy. I also provide, and in reference to the normative goals described above, several arguments for preferring a social ontology of natural kinds with historical essences. (shrink)

Calls to hold artificial intelligence to account are intensifying. Activists and researchers alike warn of an “accountability gap” or even a “crisis of accountability” in AI. Meanwhile, several prominent scholars maintain that accountability holds the key to governing AI. But usage of the term varies widely in discussions of AI ethics and governance. This chapter begins by disambiguating some different senses and dimensions of accountability, distinguishing it from neighboring concepts, and identifying sources of confusion. It proceeds to explore the idea (...) that AI operates within an accountability gap arising from technical features of AI as well as the social context in which it is deployed. The chapter also evaluates various proposals for closing this gap. I conclude that the role of accountability in AI ethics and governance is vital but also more limited than some suggest. Accountability’s primary job description is to verify compliance with substantive normative principles—once those principles are settled. Theories of accountability cannot ultimately tell us what substantive standards to account for, especially when norms are contested or still emerging. Nonetheless, formal mechanisms of accountability provide a way of diagnosing and discouraging egregious wrongdoing even in the absence of normative agreement. Providing accounts can also be an important first step toward the development of more comprehensive regulatory standards for AI. (shrink)

There is broad agreement among social researchers and social ontologists that the project of dividing humans into social kinds should be guided by at least two methodological commitments. First, a commitment to what best serves moral and political interests, and second, a commitment to describing accurately the causal structures of social reality. However, researchers have not sufficiently analyzed how these two commitments interact and constrain one another. In the absence of that analysis, several confusions have set in, threatening to undermine (...) shared goals for the responsible modeling of social kinds of humans. This essay first explains the source and substance of these confusions. Then, by distinguishing different value-laden investigative questions into the classification of social kinds of humans, it sets out specific relations of dependence and constraint between empirically-driven investigations and value-driven investigations into social kinds of humans. The result is a more detailed and fruitful framework for thinking about the classification of social kinds that respects both normative interests and mind-independent causal regularities. (shrink)

In domains like stock brokerage, clinical psychiatry, and long‐term political forecasting, experts generally fail to outperform novices. Empirical researchers agree on why this is: experts must receive direct or environmental learning feedback during training to develop reliable expertise, and these domains are deficient in this type of feedback. A growing number of philosophers resource this consensus view to argue that, given the absence of direct or environmental philosophical feedback, we should not give the philosophical intuitions or theories of expert philosophers (...) greater credence than those of novice philosophers. This article has three objectives. The first is to explore several overlooked issues concerning the strategy of generalizing from empirical studies of non‐philosophical expertise to the epistemic status of philosophical expertise. The second is to explain why empirical research into a causal relationship between direct learning feedback and enhanced expert performance does not provide good grounds for abandoning a default optimism about the epistemic superiority of expert philosophical theories. The third is to sketch a positive characterization of learning feedback that addresses developmental concerns made salient by the empirical literature on expert performance for specifically theory‐driven or “armchair” domains like philosophy. (shrink)

Attempts have been made to prove God's non-existence. Often this takes the form of an appeal to the so-called Argument from Evil: if God were to exist, then he would not permit as much suffering in the world as there actually is. Hence the fact that there is so much suffering constitutes evidence for God's non-existence. In this essay I propose a variation which I shall call ‘The Argument from Non-belief’. Its basic idea is that if God were to exist, (...) then he would not permit as much non-belief in the world as there actually is. Hence the fact that there is so much non-belief constitutes evidence for God's non-existence. (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)

Beauvoir’s The Second Sex stands out as a master class in the accommodation of conceptual and inferential practices to real, objective gender kinds. Or so I will argue. To establish this framing, we will first need in hand the kind of scientific epistemology that correctly reconciles epistemic progress and error, particularly as pertains to the unruly social sciences. An important goal of the paper is to develop that epistemological framework and unlock its ontological implications for the domain of gender. As (...) we will see, the real gender kinds that contemporary social scientists successfully identify and track are very much the same kinds to which Beauvoir was coordinating reference in The Second Sex. The correct identification of those kinds endures as a moral and political priority, regardless of one’s other gender-related normative agenda. (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.

Second part of the translation into Spanish of David Lewis' "New Work for a Theory of Universals", corresponding to the last sections of the original paper. || Segunda parte de la traducción al español del trabajo de David Lewis "New Work for a Theory of Universals", correspondiente a últimas secciones del artículo original. Artículo original publicado en: Australasian Journal of Philosophy, Vol. 61, No. 4, Dec. 1983, pp. 343-377.

Analogical cognition refers to the ability to detect, process, and learn from relational similarities. The study of analogical and similarity cognition is widely considered one of the ‘success stories’ of cognitive science, exhibiting convergence across many disciplines on foundational questions. Given the centrality of analogy to mind and knowledge, it would benefit philosophers investigating topics in epistemology and the philosophies of mind and language to become familiar with empirical models of analogical cognition. The goal of this essay is to describe (...) recent empirical work on analogical cognition as well as model applications to philosophical topics. Topics to be discussed include the epistemological distinction between implicit knowledge and explicit knowledge, the debate between empiricists and nativists, the frame problem, expertise, creativity and autism, cognitive architecture, and relational knowledge. Particular attention is given to Dedre Gentner and colleague’s structure-mapping theory – the most developed and widely accepted model of analogical cognition. (shrink)

Modularity theorists have challenged that there are, or could be, general learning mechanisms that explain theory-of-mind development. In response, supporters of the ‘scientific theory-theory’ account of theory-of-mind development have appealed to children's use of auxiliary hypotheses and probabilistic causal modeling. This article argues that these general learning mechanisms are not sufficient to meet the modularist's challenge. The article then explores an alternative domain-general learning mechanism by proposing that children grasp the concept belief through the progressive alignment of relational structure that (...) occurs as a result of structural-comparison. The article also explores the implications of the proposed account for Fodor's puzzle of conceptual learning. (shrink)

In some domains experts perform better than novices, and in other domains experts do not generally perform better than novices. According to empirical studies of expert performance, this is because the former but not the latter domains make available to training practitioners a direct form of learning feedback. Several philosophers resource this empirical literature to cast doubt on the quality of philosophical expertise. They claim that philosophy is like the dubious domains in that it does not make available the good, (...) direct kind of learning feedback, and thus there are empirical grounds for doubting the epistemic quality of philosophical expertise. I examine the empirical studies that are purportedly bad news for professional philosophers. On the basis of that examination, I provide three reasons why the empirical study of non-philosophical expertise does not undermine the status of philosophical expertise. First, the non-philosophical task-types from which the critics generalize are unrepresentative of relevant philosophical task-types. Second, empirical critiques of non-philosophical experts are often made relative to the performance of linear models—a comparison that is inapt in a philosophical context. Third, the critics fail to discuss findings from the empirical study of non-philosophical expertise that have more favorable implications for the epistemic status of philosophical expertise. In addition to discussing implications for philosophical expertise, this article makes progress in the philosophical analysis of the science of expertise and expert development. (shrink)

The paper discusses the active part in the process of perceiving, usually expressed by the Greek word krinein. It is argued that krinein in one of its uses means "to judge" in the sense of judging a case, i. e. deciding it. It is not used for making statements. A second meaning of the Greek word is that of discerning or discriminating, and it is this meaning that plays a central part in Aristotle's theory of perception.

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)

What is it to be mentally healthy? In the ongoing movement to promote mental health, to reduce stigma, and to establish parity between mental and physical health, there is a clear enthusiasm about this concept and a recognition of its value in human life. However, it is often unclear what mental health means in all these efforts and whether there is a single concept underlying them. Sometimes, the initiatives for the sake of mental health are aimed just at reducing mental (...) illness, thus implicitly identifying mental health with the absence of diagnosable psychiatric disease. More ambitiously, there are high-profile proposals to adopt a positive definition, identifying mental health with psychic or even overall well-being. We argue against both: a definition of mental health as mere absence of mental illness is too thin, too undemanding, and too closely linked to psychiatric value judgments, while the definition in terms of well-being is too demanding and potentially oppressive. As a compromise, we sketch out a middle position. On this view, mental health is a primary good, that is, the psychological preconditions of pursuing any conception of the good life, including well-being, without being identical to well-being. (shrink)

Recent work takes both philosophical and scientific progress to consist in acquiring factive epistemic states such as knowledge. However, much of this work leaves unclear what entity is the subject of these epistemic states. Furthermore, by focusing only on states like knowledge, we overlook progress in intermediate cases between ignorance and knowledge—for example, many now celebrated theories were initially so controversial that they were not known. -/- This paper develops an improved framework for thinking about intellectual progress. Firstly, I argue (...) that we should think of progress relative to the epistemic position of an intellectual community rather than individual inquirers. Secondly, I show how focusing on the extended process of inquiry (rather than the mere presence or absence of states like knowledge) provides a better evaluation of different types of progress. This includes progress through formulating worthwhile questions, acquiring new evidence, and increasing credence on the right answers to these questions. I close by considering the ramifications for philosophical progress, suggesting that my account supports rejecting the most negative views while allowing us to articulate different varieties of optimism and pessimism. (shrink)

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)

If I were asked to put forward an ethical principle which I considered to be especially certain, it would be that no one can be responsible, in the properly ethical sense, for the conduct of another. Responsibility belongs essentially to the individual. The implications of this principle are much more far-reaching than is evident at first, and reflection upon them may lead many to withdraw the assent which they might otherwise be very ready to accord to this view of responsibility. (...) But if the difficulties do appear to be insurmountable, and that, very certainly, does not seem to me to be the case, then the proper procedure will be, not to revert to the barbarous notion of collective or group responsibility, but to give up altogether the view that we are accountable in any distinctively moral sense. (shrink)

Experimental philosophy involves subjecting philosophical methods and judgments to empirical scrutiny. I begin by exploring conceptual, confirmational, and empirical factors that limit the significance of experiment-based and survey-based approaches to the evaluation of philosophical epistemic activities. I then consider specific criticisms of experimental philosophy: its experimental conditions lack ecological validity; it wrongly assumes that philosophers rely on psychologized data; it overlooks the reflective and social elements of philosophical case analysis; it misconstrues the importance of both procedural and evaluative forms of (...) philosophical expertise; it incorrectly views psychological bias as incompatible with reliability; and it generalizes to a global, self-defeating skepticism about case judgment. I explain why these criticisms should be understood as converging and interdependent. I also set out a three-level model of philosophical case judgment that frames the criticisms. (shrink)

The theory of mind debate has reached a “hybrid consensus” concerning the status of theory-theory and simulation-theory. Extant hybrid models either specify co-dependency and implementation relations, or distribute mentalizing tasks according to folk-psychological categories. By relying on a non-developmental framework these models fail to capture the central connection between simulation and theory. I propose a “dynamic” hybrid that is informed by recent work on the nature of similarity cognition. I claim that Gentner’s model of structure-mapping allows us to understand simulation (...) as a process in which psychological representations are aligned, causing the spontaneous abstraction of theoretical generalizations about the psychological domain. (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)

While the early Confucians were largely content to maintain the rituals of ancient kings as the core of moral education in their time, it is not obvious that contemporary humans could, or should, draw from the particulars of such a tradition. Indeed, even if one takes ritual seriously as a tool for cultivation, there remains a question of how to design moral education programs incorporating ritual. This essay examines impediments faced by a ritualized approach to moral education, how they might (...) be overcome, and how a ritual method could be developed in modernity. I contend that a Confucian notion of ritual, particularly as elaborated in the Xunzi, is both compatible with modern moral education and capable of making a distinct contribution to moral education in terms of how rituals can be used to structure and inculcate a shared climate of respect and humaneness both in- and outside the classroom. Specifically, the ritual education method includes emphases on inculcating moral fluency via symbolic practices and distinctions, training and appropriately associating promoral dispositions, enhancing moral imagination, and developing awareness of other minds. The model is thus a multifaceted approach to moral education through (meta)cognitive development. (shrink)

The question as to what makes a perfect Aristotelian syllogism a perfect one has long been discussed by Aristotelian scholars. G. Patzig was the first to point the way to a correct answer: it is the evidence of the logical necessity that is the special feature of perfect syllogisms. Patzig moreover claimed that the evidence of a perfect syllogism can be seen for Barbara in the transitivity of the a-relation. However, this explanation would give Barbara a different status over the (...) other three first figure syllogisms. I argue that, taking into account the role of the being-contained-as-in-a-whole formulation, transitivity can be seen to be present in all four first figure syllogisms. Using this wording will put the negation sign with the predicate, similar to the notation in modern predicate calculus. (shrink)

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

This paper presents a new solution to the problem of peer disagreement that distinguishes two principles of rational belief, here called probability and autonomy. When we discover that we disagree with peers, there is one sense in which we rationally ought to suspend belief, and another in which we rationally ought to retain our original belief. In the first sense, we aim to believe what is most probably true according to our total evidence, including testimony from peers and authorities. In (...) the second, we aim to base our beliefs only on objective evidence and argumentation, even if that lowers the probability of their being true. The first principle of rational belief tends to serve the short-term epistemic interests of individuals, while the second tends to serve the long-term epistemic interests of both individuals and groups. The best way to reconcile these principles in cases of peer disagreement is to associate them with two corresponding species of belief, here called perception and opinion. (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)

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.

In July 2020, more than 1,000 companies that advertise on social media platforms withdrew their business, citing failures of the platforms (especially Facebook) to address the proliferation of harmful content. The #StopHateForProfit movement invites reflection on an understudied topic: the ethics of boycotting by corporations. Under what conditions is corporate boycotting permissible, required, supererogatory, or forbidden? Although value-driven consumerism has generated significant recent discussion in applied ethics, that discussion has focused almost exclusively on the consumption choices of individuals. As this (...) article underscores, value-driven consumerism by business corporations complicates these issues and invites further examination. We propose principles for the ethics of boycotting by corporations, indicate how these principles relate to different CSR paradigms, and show how these insights can help assess recent instances of corporate boycotting. (shrink)

It is increasingly clear that children's excessive consumption of products high in added sugar causes obesity and obesity-related health problems like type 2 diabetes, cardiovascular disease, and metabolic syndrome. Less clear is how best to address this problem through public health policy. In contrast to policies that might conflict with adult's right to self-determination — for example sugar taxes and soda bans — this article proposes that children's access to products high in added sugars should be restricted in the same (...) way that children's access to tobacco products is restricted. The article first considers how the recommended policy will protect a child's right to an open future while not violating parental rights. The article then explores how the implementation of the recommended policy can help transform the social meaning of sugar and thereby curb the parental supply of added sugar to children — a central cause of obesity. The article also addresses several potential objections. (shrink)

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

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

I argue, firstly, that the accounts of 'accident' in Aristotle's Met. V 30 and in Top. I 5 cannot be used to elucidate each other: the Metaphysics passage tries to disentangle the uses of a Greek word, the Topics passage introduces technical terms for Aristotle's semantics. I then argue that the positive definition in Top. I 5 is to be understood in the following way: X is an accident of Y iff X belongs to Y and if there is a (...) Z such that X can belong to Z and also not belong to Z. Thus, being white is an accident of snow. I finally argue that certain shortcomings in the Topics account lead Aristotle to redefine accident in the Posterior Analytics. (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)

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

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.

Intergenerational transfers are a core feature of the practice of private philanthropy. A substantial portion of the resources committed to charitable causes comes from transfers (either during life or at death) that continue to pay out after death. Indeed, much of the power of the charitable foundation lies in its ability to extend the life of an enterprise beyond the mortal existence of its initiating agents. Despite their prevalence, whether and in what way the instruments of intergenerational philanthropy can be (...) justified is controversial. Many have argued that these instruments unfairly privilege the interests of the dead at the expense of the living and unborn. More recently, others have argued that intergenerational charitable transfers comport with the demands of distributive justice and are therefore legitimate. This paper contends that both of these perspectives fail to see the problem for what it is. Intergenerational charitable transfers may indeed promote justice in certain respects, but they do so at the cost of imposing the judgments of the dead onto the living. Respecting the wishes of the past conflicts with an interest in “generational sovereignty.” The paper concludes that properly accounting for this interest in generational sovereignty doesn’t require the abolition of intergenerational philanthropy. But it does tell in favor of a different regulatory orientation than most legal systems currently adopt. (shrink)

The notion of understanding occupies an increasingly prominent place in contemporary epistemology, philosophy of science, and moral theory. A central and ongoing debate about the nature of understanding is how it relates to the truth. In a series of influential contributions, Catherine Elgin has used a variety of familiar motivations for antirealism in philosophy of science to defend a non- factive theory of understanding. Key to her position are: (i) the fact that false theories can contribute to the upwards trajectory (...) of scientific understanding, and (ii) the essential role of inaccurate idealisations in scientific research. Using Elgin’s arguments as a foil, I show that a strictly factive theory of understanding has resources with which to offer a unified response to both the problem of idealisations and the role of false theories in the upwards trajectory of scientific understanding. Hence, strictly factive theories of understanding are viable notwithstanding these forceful criticisms. (shrink)

Kant’s Categorical Imperative (CI) is to be taken as a necessary and sufficient condition for any action that is permissible, i. e. not prohibited. The class of permissible actions contains actions which are allowed as well as those which are morally required. If to perform an action and to abstain from this action can be taken to be ‘practical opposites’, then an action that is morally required for, a duty, is an action whose practical opposite is prohibited, and vice versa. (...) The class of actions which are merely allowed (neither prohibited nor morally required for) contains all and only those actions who together with their practical opposites belong to the class of permissible (not prohibited) actions. The paper then adduces passages from Kant’s ethical writings on the CI supporting these distinctions. (shrink)

For the last several years I have made the daily newspaper the pedagogical center piece of my philosophy seminar. This essay begins by describing the variations, themes, and logistics of this approach. The essay then offers several arguments in support of the value of this approach. The first argument references measurable indicators of success. A second argument contends that by “going live” with philosophical concepts, the newspaper-centered approach is uniquely well-positioned to motivate and excite the philosophy student. A third argument (...) claims that the newspaper-centered approach is well-positioned to construct an individualized bridge between the student and the world of philosophy. (shrink)

Why is science so rare and faith so common in human history? Traditional cultures persist because it is subjectively rational for each maturing child to defer to the unanimous beliefs of his elders, regardless of any personal doubts. Science is possible only when individuals promote new theories (which will probably be proven false) and forgo the epistemic advantages of accepting established views (which are more likely to be true). Hence, progressive science must rely upon the epistemic altruism of experimental thinkers, (...) while traditions of faith depend on the epistemic self-interest of their followers. (shrink)

The goal of this paper is show how an initially appealing objection to David Hume's account of judgment can only be put forward by philosophers who accept an account of judgment that has its own sizable share of problems. To demonstrate this, I situate the views of John Locke, David Hume, and Thomas Reid with respect to each other, so as to illustrate how the appealing objection is linked to unappealing features of Locke's account of judgment.

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