Reflections on free choice and determinism constitute a recurring, if rarified, sphere of legal reasoning. Controversy, of course, swirls around the perennially vexing question of the propriety of punishing human persons for conduct that they are unable to avoid. Drawing upon conditions similar, if not identical, to those traditionally associated with attribution of moral fault, persons subject to such necessitating causal constraints generally are not considered responsible in the requisite sense for their conduct; and, thus, they are not held culpable (...) for its consequences. The standard argument against free choice asserts that free choice cannot exist because determinism, as a property of laws governing the cosmos, excludes such a possibility. This contingent factual claim, however, has always proven problematic. Contemporary discussions - no doubt aware of this disputed factual premise - draw upon a more novel, and arguably more devastating critique: free will must be rejected because its very conception is incoherent. Rather than assuming the existence of determinism and attempting to show its incompatibility with free will, this argument begins with consideration of the idea of free choice and concludes that, if it is to have any sense at all, it must be compatible with determinism. Obviously, no single treatment of the free will problem could address all its nuances. This Article more modestly offers one possible approach to the question. Part I elaborates in more detail the view that the traditional conception of free choice is incoherent and, thus, inevitably undermines the very responsibility it is asserted to constitute; Part II considers the resulting effort to develop a model of human freedom compatible with determinism; and Part III, drawing upon the prior discussions, describes - in terms of classical action theory - a conception of free choice justifying personal moral and legal responsibility that avoids both the incoherence of "uncaused freedom" as well as the shortcomings of determinism. (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...) conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...) principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

This thesis introduces the "method of structural refinement", which serves as a means of transforming the relational semantics of a modal and/or constructive logic into an 'economical' proof system by connecting two proof-theoretic paradigms: labelled and nested sequent calculi. The formalism of labelled sequents has been successful in that cut-free calculi in possession of desirable proof-theoretic properties can be automatically generated for large classes of logics. Despite these qualities, labelled systems make use of a complicated syntax that explicitly incorporates the (...) semantics of the associated logic, and such systems typically violate the subformula property to a high degree. By contrast, nested sequent calculi employ a simpler syntax and adhere to a strict reading of the subformula property, making such systems useful in the design of automated reasoning algorithms. However, the downside of the nested sequent paradigm is that a general theory concerning the automated construction of such calculi (as in the labelled setting) is essentially absent, meaning that the construction of nested systems and the confirmation of their properties is usually done on a case-by-case basis. The refinement method connects both paradigms in a fruitful way, by transforming labelled systems into nested (or, refined labelled) systems with the properties of the former preserved throughout the transformation process. To demonstrate the method of refinement and some of its applications, we consider grammar logics, first-order intuitionistic logics, and deontic STIT logics. The introduced refined labelled calculi will be used to provide the first proof-search algorithms for deontic STIT logics. Furthermore, we employ our refined labelled calculi for grammar logics to show that every logic in the class possesses the effective Lyndon interpolation property. (shrink)

In this paper I challenge and adjudicate between the two positions that have come to prominence in the scientific realism debate: deployment realism and structural realism. I discuss a set of cases from the history of celestial mechanics, including some of the most important successes in the history of science. To the surprise of the deployment realist, these are novel predictive successes toward which theoretical constituents that are now seen to be patently false were genuinely deployed. Exploring the implications for (...) structural realism, I show that the need to accommodate these cases forces our notion of “structure” toward a dramatic depletion of logical content, threatening to render it explanatorily vacuous: the better structuralism fares against these historical examples, in terms of retention, the worse it fares in content and explanatory strength. I conclude by considering recent restrictions that serve to make “structure” more specific. I show however that these refinements will not suffice: the better structuralism fares in specificity and explanatory strength, the worse it fares against history. In light of these case studies, both deployment realism and structural realism are significantly threatened by the very historical challenge they were introduced to answer. (shrink)

In this work we answer a long standing request for temporal embeddings of deontic STIT logics by introducing the multi-agent STIT logic TDS . The logic is based upon atemporal utilitarian STIT logic. Yet, the logic presented here will be neutral: instead of committing ourselves to utilitarian theories, we prove the logic TDS sound and complete with respect to relational frames not employing any utilitarian function. We demonstrate how these neutral frames can be transformed into utilitarian temporal frames, while (...) preserving validity. Last, we discuss problems that arise from employing binary utility functions in a temporal setting. (shrink)

We formally introduce a novel, yet ubiquitous, category of norms: norms of instrumentality. Norms of this category describe which actions are obligatory, or prohibited, as instruments for certain purposes. We propose the Logic of Agency and Norms (LAN) that enables reasoning about actions, instrumentality, and normative principles in a multi-agent setting. Leveraging LAN , we formalize norms of instrumentality and compare them to two prevalent norm categories: norms to be and norms to do. Last, we pose principles relating the three (...) categories and evaluate their validity vis-à-vis notions of deliberative acting. On a technical note, the logic will be shown decidable via the finite model property. (shrink)

The Reception of the Union Synods from Lyon (1274) and Ferrara-Florence (1438-1439) in Mount Athos. This historical article explores two important events from the life of the Orthodox and Catholic Churches. After a brief introduction into the topic, I will give a clear map of what meant the Synod of Lyon from a historical and theological perspective and the consequences in Mount Athos of this union. In the second part, I will present, in a critical way, (...) the palamite movement in connection with the Synod from Ferrara and Florence and also the reaction of the monks of Mount Athos. This academic journey will be ended up with a few general conclusions. (shrink)

Gilles Deleuze was born in 1925, and died by his own hand 70 years later. He taught philosophy in the French lycée system, at the University of Lyon, and then—after the institutional fragmentation that was the government‟s response to the student-driven near-revolution of 1968—at the University of Paris VIII (Vincennes). Although his work is only now coming to prominence in the Anglophone world, he has achieved great notoriety in France: he is widely credited with inaugurating the post-structuralist movement with (...) his 1962 Nietzsche and Philosophy, as well as with providing its definitive text, the 1972 Anti-Oedipus (co-written with Félix Guattari). His colleague and friend, Michel Foucault, has gone so far as to suggest that 'perhaps one day this century will be known as Deleuzian'. (shrink)

Gilles Deleuze was born in 1925, and died by his own hand 70 years later. He taught philosophy in the French lycée system, at the University of Lyon, and then—after the institutional fragmentation that was the government‟s response to the student-driven near-revolution of 1968—at the University of Paris VIII (Vincennes). Although his work is only now coming to prominence in the Anglophone world, he has achieved great notoriety in France: he is widely credited with inaugurating the post-structuralist movement with (...) his 1962 Nietzsche and Philosophy, as well as with providing its definitive text, the 1972 Anti-Oedipus (co-written with Félix Guattari). His colleague and friend, Michel Foucault, has gone so far as to suggest that 'perhaps one day this century will be known as Deleuzian'. (shrink)

Summary: In this paper, I will try to present the idea of economic triadology as it appears in St. Irenaeus, Tertullian and St. Hippolytus, during conflicts with the modalists of their time. Through comparative analysis, I will strive to highlight the particularities of their learning as well as common motives and argumentation. I will also point out the major shortcomings of the triadology thus established, as well as the elements that the Church will recognize as an (...) authentic expression of her own tradition. (shrink)

Is perception cognitively penetrable, and what are the epistemological consequences if it is? I address the latter of these two questions, partly by reference to recent work by Athanassios Raftopoulos and Susanna Seigel. Against the usual, circularity, readings of cognitive penetrability, I argue that cognitive penetration can be epistemically virtuous, when---and only when---it increases the reliability of perception.

The New Evil Demon Problem is supposed to show that straightforward versions of reliabilism are false: reliability is not necessary for justification after all. I argue that it does no such thing. The reliabilist can count a number of beliefs as justified even in demon worlds, others as unjustified but having positive epistemic status nonetheless. The remaining beliefs---primarily perceptual beliefs---are not, on further reflection, intuitively justified after all. The reliabilist is right to count these beliefs as unjustified in demon worlds, (...) and it is a challenge for the internalist to be able to do so as well. (shrink)

In response to historical challenges, advocates of a sophisticated variant of scientific realism emphasize that theoretical systems can be divided into numerous constituents. Setting aside any epistemic commitment to the systems themselves, they maintain that we can justifiably believe those specific constituents that are deployed in key successful predictions. Stathis Psillos articulates an explicit criterion for discerning exactly which theoretical constituents qualify. I critique Psillos's criterion in detail. I then test the more general deployment realist intuition against a set of (...) well-known historical cases, whose significance has, I contend, been overlooked. I conclude that this sophisticated form of realism remains threatened by the historical argument that prompted it. A criterion for scientific realism Assessing the criterion A return to the crucial insight: responsibility A few case studies Assessing deployment realism. (shrink)

Scientific realists have claimed that the posit that our theories are (approximately) true provides the best or the only explanation for their success . In response, I revive two non-realists explanations. I show that realists, in discarding them, have either misconstrued the phenomena to be explained or mischaracterized the relationship between these explanations and their own. I contend nonetheless that these non-realist competitors, as well as their realist counterparts, should be rejected; for none of them succeed in explaining a significant (...) list of successes. I propose a related non-realist explanation of success that appears to be the most suitable among those considered. (shrink)

Goldman, though still a reliabilist, has made some recent concessions to evidentialist epistemologies. I agree that reliabilism is most plausible when it incorporates certain evidentialist elements, but I try to minimize the evidentialist component. I argue that fewer beliefs require evidence than Goldman thinks, that Goldman should construe evidential fit in process reliabilist terms, rather than the way he does, and that this process reliabilist understanding of evidence illuminates such important epistemological concepts as propositional justification, ex ante justification, and defeat.

There are two primary arguments against scientific realism, one pertaining to underdetermination, the other to the history of science. While these arguments are usually treated as altogether distinct, P. Kyle Stanford's ‘problem of unconceived alternatives’ constitutes one kind of synthesis: I propose that Stanford's argument is best understood as a broad modus ponens underdetermination argument, into which he has inserted a unique variant of the historical pessimistic induction. After articulating three criticisms against Stanford's argument and the evidence that he offers, (...) I contend that, as it stands, Stanford's argument poses no threat to contemporary scientific realism. Nonetheless, upon identifying two useful insights present in Stanford's general strategy, I offer an alternative variant of the modus ponens underdetermination argument, one that, although historically informed by science, requires no inductive premises. I contend that this non-inductive but historically informed variant of the modus ponens clarifies and considerably strengthens the case against scientific realism. (shrink)

Cognitive penetration of perception is the idea that what we see is influenced by such states as beliefs, expectations, and so on. A perceptual belief that results from cognitive penetration may be less justified than a nonpenetrated one. Inferentialism is a kind of internalist view that tries to account for this by claiming that some experiences are epistemically evaluable, on the basis of why the perceiver has that experience, and the familiar canons of good inference provide the appropriate standards by (...) which experiences are evaluated. I examine recent defenses of inferentialism by Susanna Siegel, Peter Markie, and Matthew McGrath and argue that the prospects for inferentialism are dim. (shrink)

The axiological tenet of scientific realism, “science seeks true theories,” is generally taken to rest on a corollary epistemological tenet, “we can justifiably believe that our successful theories achieve (or approximate) that aim.” While important debates have centered on, and have led to the refinement of, the epistemological tenet, the axiological tenet has suffered from neglect. I offer what I consider to be needed refinements to the axiological postulate. After showing an intimate relation between the refined postulate and ten theoretical (...) desiderata, I argue that the axiological postulate does not depend on its epistemological counterpart; epistemic humility can accompany us in the quest for truth. Upon contrasting my axiological postulate against the two dominant non-realist alternatives and the standard realist postulate, I contend that its explanatory and justificatory virtues render it, among the axiologies considered, the richest account of the scientific enterprise. (shrink)

A general insight of 20th-century philosophy of science is that the acceptance of a scientific theory is grounded, not merely on a theory's relation to data, but on its status as having no, or being superior to its, competitors. I explore the ways in which scientific realists might be thought to utilise this insight, have in fact utilised it, and can legitimately utilise it. In more detail, I point out that, barring a natural but mistaken characterisation of scientific realism, traditional (...) realism has not utilised that insight regarding scientific theories, i.e., has not explicitly factored that insight into, and invoked it as justification for, what realists believe. Nonetheless, a new form of realism has. In response to a key historical threat, two of the most thoroughly developed contemporary versions of realism—one put forward by Jarrett Leplin, another by Stathis Psillos—are anchored on the sensible tactic of requiring that the theories to which realists commit themselves have no competitors. I argue, however, that the particular kind of non-competitor condition they invoke is illegitimate in the context of the realism debate. I contend further that invoking a non-competitor condition that is legitimate, sensible, and even, as it turns out, required in the context of the debate threatens to eliminate the possibility of scientific realism altogether. (shrink)

The scientific realism debate has now reached an entirely new level of sophistication. Faced with increasingly focused challenges, epistemic scientific realists have appropriately revised their basic meta-hypothesis that successful scientific theories are approximately true: they have emphasized criteria that render realism far more selective and, so, plausible. As a framework for discussion, I use what I take to be the most influential current variant of selective epistemic realism, deployment realism. Toward the identification of new case studies that challenge this form (...) of realism, I break away from the standard list and look to the history of celestial mechanics, with an emphasis on twentieth century advances. I then articulate two purely deductive arguments that, I argue, properly capture the historical threat to realism. I contend that both the content and form of these novel challenges seriously threaten selective epistemic realism. I conclude on a positive note, however, arguing for selective realism at a higher level. Even in the face of threats to its epistemic tenet, scientific realism need not be rejected outright: concern with belief can be bracketed while nonetheless advocating core realist tenets. I show that, in contrast with epistemic deployment realism, a purely axiological scientific realism can account for key scientific practices made salient in my twentieth century case studies. And embracing the realists favored account of inference, inference to the best explanation, while pointing to a set of the most promising alternative selective realist meta-hypothesis, I show how testing the latter can be immensely valuable to our understanding of science. (shrink)

Much of the intuitive appeal of evidentialism results from conflating two importantly different conceptions of evidence. This is most clear in the case of perceptual justification, where experience is able to provide evidence in one sense of the term, although not in the sense that the evidentialist requires. I argue this, in part, by relying on a reading of the Sellarsian dilemma that differs from the version standardly encountered in contemporary epistemology, one that is aimed initially at the epistemology of (...) introspection but which generalizes to theories of perceptual justification as well. (shrink)

According to standard scientific realism, science seeks truth and we can justifiably believe that our successful theories achieve, or at least approximate, that goal. In this paper, I discuss the implications of the following competitor thesis: Any theory we may favor has competitors such that we cannot justifiably deny that they are approximately true. After defending that thesis, I articulate three specific threats it poses for standard scientific realism; one is epistemic, the other two are axiological (that is, pertaining to (...) the claim that science seeks truth). I also flag an additional axiological “challenge,” that of how one might justify the pursuit of a primary aim, such as truth. Bracketing epistemic realism, I argue that the axiological threats can be addressed by embracing a refined realist axiological hypothesis, one that specifies a specific subclass of true claims sought in science. And after identifying three potential responses to the axiological “challenge,” I contend that, while standard axiological realism appears to lack the resources required to utilize any of the responses, the refined realist axiology I embrace is well suited to each. (shrink)

Epistemic defeat is standardly understood in either evidentialist or responsibilist terms. The seminal treatment of defeat is an evidentialist one, due to John Pollock, who famously distinguishes between undercutting and rebutting defeaters. More recently, an orthogonal distinction due to Jennifer Lackey has become widely endorsed, between so-called doxastic (or psychological) and normative defeaters. We think that neither doxastic nor normative defeaters, as Lackey understands them, exist. Both of Lackey’s categories of defeat derive from implausible assumptions about epistemic responsibility. Although Pollock’s (...) evidentialist view is superior, the evidentialism per se can be purged from it, leaving a general structure of defeat that can be incorporated in a reliabilist theory that is neither evidentialist nor responsibilist in any way. (shrink)

Stewart Cohen argues that much contemporary epistemological theorizing is hampered by the fact that ‘epistemic justification’ is a term of art and one that is never given any serious explication in a non-tendentious, theory-neutral way. He suggests that epistemologists are therefore better off theorizing in terms of rationality, rather than in terms of ‘epistemic justification’. Against this, I argue that even if the term ‘epistemic justification’ is not broadly known, the concept it picks out is quite familiar, and partly because (...) it’s a term of art, justification talk is a better vehicle for philosophical theorizing. ‘Rational’ is too unclear for our philosophical purposes, and the fact that ‘epistemic justification’ gets fleshed out by appeal to substantive, controversial theses is no obstacle to its playing the needed role in epistemological theorizing. (shrink)

Part of a book symposium with Terry Horgan, Alvin Goldman, and Peter Graham.

An examination of the role played by general rules in Hume's positive (nonskeptical) epistemology. General rules for Hume are roughly just general beliefs. The difference between justified and unjustified belief is a matter of the influence of good versus bad general rules, the good general rules being the "extensive" and "constant" ones.

The paper offers a solution to the generality problem for a reliabilist epistemology, by developing an “algorithm and parameters” scheme for type-individuating cognitive processes. Algorithms are detailed procedures for mapping inputs to outputs. Parameters are psychological variables that systematically affect processing. The relevant process type for a given token is given by the complete algorithmic characterization of the token, along with the values of all the causally relevant parameters. The typing that results is far removed from the typings of folk (...) psychology, and from much of the epistemology literature. But it is principled and empirically grounded, and shows good prospects for yielding the desired epistemological verdicts. The paper articulates and elaborates the theory, drawing out some of its consequences. Toward the end, the fleshed-out theory is applied to two important case studies: hallucination and cognitive penetration of perception. (shrink)

In this paper I distinguish between two kinds of meta-hypotheses, or hypotheses about science, at issue in the scientific realism debate. The first are descriptive empirical hypotheses regarding the nature of scientific inquiry. The second are epistemological theories about what individuals should / can justifiably believe about scientific theories. Favoring the realist Type-D meta-hypotheses, I argue that a particular set of realist and non-realist efforts in the debate over Type-E’s have been valuable in the quest to describe and understand the (...) nature of scientific inquiry. For the realism debate itself has inadvertently and indirectly laid the foundations for an important kind of Type-D meta-hypothesis, one regarding creativity in the history of science—which, in turn, is relevant to refining our descriptions of inference. After illustrating this result with regard to the historical argument against realism, I suggest that these empirically attained meta-hypotheses pertaining to scientific creativity can, in turn, be made methodologically prescriptive. (shrink)

The most promising contemporary form of epistemic scientific realism is based on the following intuition: Belief should be directed, not toward theories as wholes, but toward particular theoretical constituents that are responsible for, or deployed in, key successes. While the debate on deployment realism is quite fresh, a significant degree of confusion has already entered into it. Here I identify five criteria that have sidetracked that debate. Setting these distractions aside, I endeavor to redirect the attention of both realists and (...) non-realists to the fundamental intuition above. In more detail: I show that Stathis Psillos (1999) has offered an explicit criterion for picking out particular constituents, which, contrary to Kyle Stanford’s (2006a) criticisms, neither assumes the truth of theories nor requires hindsight. I contend, however, that, in Psillos’s case studies, Psillos has not successfully applied his explicit criterion. After clarifying the various alternative criteria at work (in those case studies and in a second line of criticism offered by Stanford), I argue that, irrespective of Stanford’s criticisms, the explicit criterion Psillos does offer is not an acceptable one. Nonetheless, the deployment realist’s fundamental intuition withstands all of these challenges. In closing, I point in a direction toward which I’ve elsewhere focused, suggesting that, despite the legitimacy and applicability of the deployment realist’s intuition, the historical threat that prompted it remains. (shrink)

Response to Horgan, Goldman, and Graham. Part of a book symposium on my _Perception and Basic Beliefs_.

Broadly speaking, the contemporary scientific realist is concerned to justify belief in what we might call theoretical truth, which includes truth based on ampliative inference and truth about unobservables. Many, if not most, contemporary realists say scientific realism should be treated as ‘an overarching scientific hypothesis’ (Putnam 1978, p. 18). In its most basic form, the realist hypothesis states that theories enjoying general predictive success are true. This hypothesis becomes a hypothesis to be tested. To justify our belief in the (...) realist hypothesis, realists commonly put forward an argument known as the ‘no-miracles argument’. With respect to the basic hypothesis this argument can be stated as follows: it would be a miracle were our theories as successful as they are, were they not true; the only possible explanation for the general predictive success of our scientific theories is that they are true. (shrink)

Part of a book symposium on Ernest Sosa's Knowing Full Well. An important feature of Sosa's epistemology is his distinction between animal knowledge and reflective knowledge. What exactly is reflective knowledge, and how is it superior to animal knowledge? Here I try to get clearer on what Sosa might mean by reflective knowledge and what epistemic role it is supposed to play.

Raftopoulos’s most recent book argues, among other things, for the cognitive impenetrability of early vision. Before we can assess any such claims, we need to know what’s meant by “early vision” and by “cognitive penetration”. In this contribution to this book symposium, I explore several different things that one might mean – indeed, that Raftopoulos might mean – by these terms. I argue that whatever criterion we choose for delineating early vision, we need a single criterion, not a mishmash of (...) distinct criteria. And I argue against defining cognitive penetration in partly epistemological terms, although it is fine to offer epistemological considerations in defending some definitions as capturing something of independent interest. Finally, I raise some questions about how we are to understand the “directness” of certain putative cognitive influences on perception and about whether there’s a decent rationale for restricting directness in the way that Raftopoulos apparently does. (shrink)

Can beliefs that are not consciously formulated serve as part of an agent's evidence for other beliefs? A common view says no, any belief that is psychologically immediate is also epistemically immediate. I argue that some unconscious beliefs can serve as evidence, but other unconscious beliefs cannot. Person-level beliefs can serve as evidence, but subpersonal beliefs cannot. I try to clarify the nature of the personal/subpersonal distinction and to show how my proposal illuminates various epistemological problems and provides a principled (...) framework for solving other problems. (shrink)

This article endeavors to identify the strongest versions of the two primary arguments against epistemic scientific realism: the historical argument—generally dubbed “the pessimistic meta-induction”—and the argument from underdetermination. It is shown that, contrary to the literature, both can be understood as historically informed but logically validmodus tollensarguments. After specifying the question relevant to underdetermination and showing why empirical equivalence is unnecessary, two types of competitors to contemporary scientific theories are identified, both of which are informed by science itself. With the (...) content and structure of the two nonrealist arguments clarified, novel relations between them are uncovered, revealing the severity of their collective threat against epistemic realism and its “no-miracles” argument. The final section proposes, however, that the realist’s axiological tenet “science seeks truth” is not blocked. An attempt is made to indicate the promise for a nonepistemic, purely axiological scientific realism—here dubbed “Socratic scientific realism.”. (shrink)

A model of face representation, inspired by the biology of the visual system, is compared to experimental data on the perception of facial similarity. The face representation model uses aggregate primary visual cortex (V1) cell responses topographically linked to a grid covering the face, allowing comparison of shape and texture at corresponding points in two facial images. When a set of relatively similar faces was used as stimuli, this Linked Aggregate Code (LAC) predicted human performance in similarity judgment experiments. When (...) faces of perceivable categories were used, dimensions such as apparent sex and race emerged from the LAC model without training. The dimensional structure of the LAC similarity measure for the mixed category task displayed some psychologically plausible features but also highlighted differences between the model and the human similarity judgements. The human judgements exhibited a racial perceptual bias that was not shared by the LAC model. The results suggest that the LAC based similarity measure may offer a fertile starting point for further modelling studies of face representation in higher visual areas, including studies of the development of biases in face perception. (shrink)

This paper studies the relationship between labelled and nested calculi for propositional intuitionistic logic, first-order intuitionistic logic with non-constant domains and first-order intuitionistic logic with constant domains. It is shown that Fitting’s nested calculi naturally arise from their corresponding labelled calculi—for each of the aforementioned logics—via the elimination of structural rules in labelled derivations. The translational correspondence between the two types of systems is leveraged to show that the nested calculi inherit proof-theoretic properties from their associated labelled calculi, such as (...) completeness, invertibility of rules and cut admissibility. Since labelled calculi are easily obtained via a logic’s semantics, the method presented in this paper can be seen as one whereby refined versions of labelled calculi (containing nested calculi as fragments) with favourable properties are derived directly from a logic’s semantics. (shrink)

Outside of philosophy, ‘intuition’ means something like ‘knowing without knowing how you know’. Intuition in this broad sense is an important epistemological category. I distinguish intuition from perception and perception from perceptual experience, in order to discuss the distinctive psychological and epistemological status of evaluative property attributions. Although it is doubtful that we perceptually experience many evaluative properties and also somewhat unlikely that we perceive many evaluative properties, it is highly plausible that we intuit many instances of evaluative properties as (...) such. The resulting epistemological status of evaluative property attributions is very much like it would be if we literally perceived such properties. (shrink)

We provide a direct method for proving Craig interpolation for a range of modal and intuitionistic logics, including those containing a "converse" modality. We demonstrate this method for classical tense logic, its extensions with path axioms, and for bi-intuitionistic logic. These logics do not have straightforward formalisations in the traditional Gentzen-style sequent calculus, but have all been shown to have cut-free nested sequent calculi. The proof of the interpolation theorem uses these calculi and is purely syntactic, without resorting to embeddings, (...) semantic arguments, or interpreted connectives external to the underlying logical language. A novel feature of our proof includes an orthogonality condition for defining duality between interpolants. (shrink)

Systematicity theory—developed and articulated by Paul Hoyningen-Huene—and scientific realism constitute separate encompassing and empirical accounts of the nature of science. Standard scientific realism asserts the axiological thesis that science seeks truth and the epistemological thesis that we can justifiably believe our successful theories at least approximate that aim. By contrast, questions pertaining to truth are left “outside” systematicity theory’s “intended scope” ; the scientific realism debate is “simply not” its “focus”. However, given the continued centrality of that debate in the (...) general philosophy of science literature, and given that scientific realists also endeavor to provide an encompassing empirical account of science, I suggest that these two contemporary accounts have much to offer one another. Overlap for launching a discussion of their relations can be found in Nicholas Rescher’s work. Following through on a hint from Rescher, I embrace a non-epistemic, purely axiological scientific realism—what I have called, Socratic scientific realism. And, bracketing the realist’s epistemological thesis, I put forward the axiological tenet of scientific realism as a needed supplement to systematicity theory. There are two broad components to doing this. First, I seek to make clear that axiological realism and systematicity theory accord with one another. Toward that end, after addressing Hoyningen-Huene’s concerns about axiological analysis, I articulate a refined axiological realist meta-hypothesis: it is, in short, that the end toward which scientific inquiry is directed is an increase in a specific subclass of true claims. I then identify a key feature of scientific inquiry, not generally flagged explicitly, that I take to stand as shared terrain for the two empirical meta-hypotheses. And I argue that this feature can be informatively accounted for by my axiological meta-hypothesis. The second broad component goes beyond mere compatibility between the two positions: I argue that, in want of a systematic account of science, we are prompted to find an end toward which scientific inquiry is directed that is deeper than what systematicity theory offers. Specifically, I argue that my refined axiological realist meta-hypothesis is required to both explain and justify key dimensions of systematicity in science. To the quick question, what is it that the scientific enterprise is systematically doing? My quick answer is that it is systematically seeking to increase a particular subclass of true claims. (shrink)

To what extent are cognitive capacities, especially perceptual capacities, informationally encapsulated and to what extent are they cognitively penetrable? And why does this matter? Two reasons we care about encapsulation/penetrability are: (a) encapsulation is sometimes held to be definitional of modularity, and (b) penetrability has epistemological implications independent of modularity. I argue that modularity does not require encapsulation; that modularity may have epistemological implications independently of encapsulation; and that the epistemological implications of the cognitive penetrability of perception are messier than (...) is sometimes thought. (shrink)

This work provides proof-search algorithms and automated counter-model extraction for a class of STIT logics. With this, we answer an open problem concerning syntactic decision procedures and cut-free calculi for STIT logics. A new class of cut-free complete labelled sequent calculi G3LdmL^m_n, for multi-agent STIT with at most n-many choices, is introduced. We refine the calculi G3LdmL^m_n through the use of propagation rules and demonstrate the admissibility of their structural rules, resulting in auxiliary calculi Ldm^m_nL. In the single-agent case, we (...) show that the refined calculi Ldm^m_nL derive theorems within a restricted class of (forestlike) sequents, allowing us to provide proof-search algorithms that decide single-agent STIT logics. We prove that the proof-search algorithms are correct and terminate. (shrink)

Four Challenges to Epistemic Scientific Realism—and the Socratic Alternative.

Nearly everyone agrees that perception gives us justification and knowledge, and a great number of epistemologists endorse a particular two-part view about how this happens. The view is that perceptual beliefs get their justification from perceptual experiences, and that they do so by being based on them. Despite the ubiquity of these two views, I think that neither has very much going for it; on the contrary, there’s good reason not to believe either one of them.

We employ a recently developed methodology -- called "structural refinement" -- to extract nested sequent systems for a sizable class of intuitionistic modal logics from their respective labelled sequent systems. This method can be seen as a means by which labelled sequent systems can be transformed into nested sequent systems through the introduction of propagation rules and the elimination of structural rules, followed by a notational translation. The nested systems we obtain incorporate propagation rules that are parameterized with formal grammars, (...) and which encode certain frame conditions expressible as first-order Horn formulae that correspond to a subclass of the Scott-Lemmon axioms. We show that our nested systems are sound, cut-free complete, and admit hp-admissibility of typical structural rules. (shrink)

We introduce translations between display calculus proofs and labeled calculus proofs in the context of tense logics. First, we show that every derivation in the display calculus for the minimal tense logic Kt extended with general path axioms can be effectively transformed into a derivation in the corresponding labeled calculus. Concerning the converse translation, we show that for Kt extended with path axioms, every derivation in the corresponding labeled calculus can be put into a special form that is translatable to (...) a derivation in the associated display calculus. A key insight in this converse translation is a canonical representation of display sequents as labeled polytrees. Labeled polytrees, which represent equivalence classes of display sequents modulo display postulates, also shed light on related correspondence results for tense logics. (shrink)