In this paper Michael Vazquez and Dustin Webster consider the practice of deliberating about ethical case studies as a means to contribute to the professional development of educators. An ongoing debate is whether or not the study of ethical theory should be included in this practice. Vazquez and Webster argue that a popular strategy, known as the Phronetic Approach, is vulnerable to what they call “epistemic blinders” that arise in the absence of the scaffolding provided by theory. They then (...) sketch an alternative approach to case-based reasoning inspired by Barbara Herman's notion of middle theory. The middle theory approach naturally suggests a balanced method for using case studies in teacher professional development: expose educators to some theory, but only to the degree and at the level appropriate for the specific audience and in light of how frequent interactions with that audience will be. (shrink)

Group-based reasons are reasons to play one’s part in some pattern of action that the members of some group could perform, because of the good features of the pattern. This paper discusses three broad conceptions of such reasons. According to the agency-first conception, there are no group-based reasons in cases where the relevant group is not or would not be itself an agent. According to the behaviour-first conception, what matters is that the other members of the group would (...) play their parts in the relevant pattern, not whether they would have the cooperative intentional states constitutive of group agency in doing so. This paper argues against these conceptions and in favour of the powers-first conception, according to which what matters is that the members of the group have practically relevant powers. (shrink)

The aim of the paper is to critically assess the idea that reasons for action are provided by desires (the Model). I start from the claim that the most often employed meta-ethical background for the Model is ethical naturalism; I then argue against the Model through its naturalist background. For the latter purpose I make use of two objections that are both intended to refute naturalism per se. One is G. E. Moore’s Open Question Argument (OQA), the other is Derek (...) Parfit’s Triviality Objection (TO). I show that naturalists might be able to avoid both objections in case they can vindicate the reduction proposed. This, however, leads to further conditions whose fulfillment is necessary for the success of vindication. I deal with one such condition, which I borrow from Peter Railton and Mark Schroeder: the demand that naturalist reductions must be tolerably revisionist. In the remainder of the paper I argue that the most influential versions of the Model are intolerably revisionist. The first problem concerns the picture of reasons many recent formulations of the Model advocate. By using an objection from Michael Bedke I show that on this interpretation obvious reasons won’t be accounted for by the Model. The second problem concerns idealization that is also often part of the Model. Invoking an argument by Connie Rosati, I show that the best form of idealization, the ideal advisor account, is inadequate. Hence, though not knock down arguments as they were intended to be, OQA and TO do pose a serious threat to the Model. (shrink)

A state-based reason for one to intend to perform an action F is a reason for one to intend to F which is not a reason for one to F. Are there any state-based reasons to intend? According to the Explanatory Argument, the answer is no, because state-based reasons do not satisfy a certain explanatory constraint. I argue that whether or not the constraint is correct, the Explanatory Argument is unsound, because state-based reasons do satisfy the (...) constraint. The considerations that undermine the Explanatory Argument also generate a strong, positive case for the existence of state-based reasons to intend. (shrink)

My aim in this paper is to critically assess the idea that reasons for action are provided by desires (the Desire-based Reasons Model or the Model). I start from the claim that the most often employed meta-ethical background for the Model is ethical naturalism; I then consider attempts to argue against the Model through its naturalism. I make use of two objections that are both intended to refute naturalism per se. One is the indirect version of G. E. Moore’s (...) Open Question Argument (OQA), the other is Derek Parfit’s more recent Triviality Objection (TO). I show that naturalists might be able to avoid both objections in case the reduction they propose is tolerable. This, however, means that in order to see if the objections work, we must analyze the particular reductions proposed. Hence, though not knock down arguments as they were intended to be, the indirect OQA and TO may pose threat to the Model. (shrink)

The paper is an opinionated tour of the literature on the reasons for which we hold beliefs and other doxastic attitudes, which I call ‘operative epistemic reasons’. After drawing some distinctions in §1, I begin in §2 by discussing the ontology of operative epistemic reasons, assessing arguments for and against the view that they are mental states. I recommend a pluralist non-mentalist view that takes seriously the variety of operative epistemic reasons ascriptions and allows these reasons to be both propositions (...) and truth-making facts. In §3, I turn to consider what it takes for a consideration to be an operative epistemic reason, examining three conditions – the representational, treating, and explanatory conditions – that have been proposed. I offer a novel view about the explanatory condition. In §4, I discuss the special case of inferential operative reasons and examine attempts to understand them in terms of rule-following, sketching a competence-based spinoff of dispositionalism. Finally, in §5, I consider whether there are non-inferential operative reasons, observing that one needn't countenance them to be a foundationalist but then developing a view about what they are and how they do and don't differ from inferential reasons. (shrink)

The paper begins with an objection to the Desire-Based Reasons Model. The argument from reason-based desires holds that since desires are based on reasons (first premise), which they transmit but to which they cannot add (second premise), they cannot themselves provide reasons for action. In the paper I investigate an attack that has recently been launched against the first premise of this argument by Ruth Chang. Chang invokes a counterexample: affective desires. The aim of the paper is (...) to see if there is a way to accommodate the counterexample to the first premise. I investigate three strategies. I first deal with the idea that the motivation for the premise may be the thesis that an action is intentional if and only if it is done under the guise of perceived reasons. This offers us a way of defending the premise: by showing that actions prompted by affective desires are not intentional. I, however, argue that this strategy is unworkable. This brings me to the second strategy. Here I consider the idea that the premise does not require a conscious normative thought on the part of the agent; in fact, it may not require any such thought, conscious or unconscious. I claim that this strategy too is a failure. Finally, the third approach builds normative judgment in the desire. This is the approach that I think works; in particular, recent work by Jennifer Hawkins may help us accommodate affective desires. The challenge of affective desires, I conclude, can be tackled. (shrink)

According to the Desire-Based Reasons Model reasons for action are provided by desires. Many, however, are critical about the Model holding an alternative view of practical reason, which is often called valued-based. In this paper I consider one particular attempt to refute the Model, which advocates of the valued-based view often appeal to: the idea of reason-based desires. The argument is built up from two premises. The first claims that desires are states that we have reason (...) to have. The second argues that desires do not add to the stock of reasons the agent has for having them. Together the two theses entail that desires are based on reasons, which they transmit but to which they cannot add. In the paper I deal with a counterexample to the second premise: tie-breaking desires. I first distinguish two interesting cases and argue that only the second challenges the premise. Then I move onto analyze this challenge by focusing on Ruth Chang’s recent employment of it. I show that contrary to its counterintuitive appearance, the challenge can be sustained. However, I also argue that Chang overlooks the full potential of one particular response to the challenge: the introduction of higher-order reasons determining the normative significance of these desires. At the same time, I show that this response has a problem that Chang does not consider. As a result, the response can only partially disarm the challenge of tie-breaking desires; or not at all, depending on what significance we attribute to the counterexamples. (shrink)

According to an attractive and widely held view, all practical reasons are explained in terms of the (instrumental or final) value of the action supported by the reason. I argue that this theory is incompatible with plausible assumptions about the practical reasons that correspond to certain moral rights, including the right to a promised action and the right to an exclusive use of one’s property. The argument is an explanatory rather than extensional one: while the actions supported by the relevant (...) reasons (e.g. keeping a valid promise or respecting property) can be argued to have a certain kind of value, I argue that this value presupposes a moral right, and therefore cannot explain the reason. Reflection on such cases suggest the conclusion that reasons that are subject to normative powers are generally not value-based. This also has important implications for the dialectic between ‘value-first’ and ‘reasons-first’ approaches to normativity. (shrink)

The term “dictator” may have a strong impression on many of us because it is usually associated with destructive consequences, like the Holocaust directed by Adolf Hitler and the Great Purge ordered by Joseph Stalin. Yet, little is known about how a dictator-to-be can harness the power and rise into power. This chapter proposes a psycho-political mechanism that enables a dictator-to-be to harness the power generated from disinformation-induced hysteria. The conceptual framework is constructed using the mindsponge-based analytical framework and (...) the SM3D theory (Serendipity-Mindsponge-3D). The framework can help examine cases of dictatorship and prospect potential dictators, which gives our societies insights and preparations to reduce the possible rise of dictatorship in the future. This chapter is placed at the end of the book to wrap up the process of describing and discussing the mindsponge thinking approach in the book from simplicity to complexity. (shrink)

The UK has been ‘following the science’ in response to the COVID-19 pandemic in line with the national framework for the use of scientific advice in assessment of risk. We argue that the way in which it does so is unsatisfactory in two important respects. Firstly, pandemic policy making is not based on a comprehensive assessment of policy impacts. And secondly, the focus on reasonable worst-case scenarios as a way of managing uncertainty results in a loss of decision-relevant (...) information and does not provide a coherent basis for policy making. (shrink)

What is it to have a reason? According to one common idea, the "Factoring Account", you have a reason to do A when there is a reason for you to do A which you have--which is somehow in your possession or grasp. In this paper, I argue that this common idea is false. But though my arguments are based on the practical case, the implications of this are likely to be greatest in epistemology: for the pitfalls we fall (...) into when trying to defend the Factoring Account reflect very well the major developments in empiricist epistemology during the 20th century. I conjecture that this is because epistemologists have been--wrongly--wedded to the Factoring Account about evidence, which I conjecture is a certain kind of reason to believe. (shrink)

I comment on two analyses of the Simonshaven case: one by Prakken (2019), based on arguments, and the other by van Koppen and Mackor (2019), based on scenarios (or stories, narratives). I argue that both analyses lack a clear account of proof beyond a reasonable doubt because they lack a clear account of the notion of plausibility. To illustrate this point, I focus on the defense argument during the appeal trial and show that both analyses face difficulties (...) in modeling key features of this argument. (shrink)

Reasoning from negative evidence takes place where an expected outcome is tested for, and when it is not found, a conclusion is drawn based on the significance of the failure to find it. By using Gricean maxims and implicatures, we show how a set of alternatives, which we call a paradigm, provides the deep inferential structure on which reasoning from lack of evidence is based. We show that the strength of reasoning from negative evidence depends (...) on how the arguer defines his conclusion and what he considers to be in the paradigm of negated alternatives. If we negate only two of the several possible alternatives, even if they are the most probable, the conclusion will be weak. However, if we deny all possible alternatives, the reasoning will be strong, and even in some cases deductively valid. (shrink)

In this article, we discuss epistemological limitations relating to the use of ethnoracial categories in biomedical research as devised by the Office of Management and Budget’s institutional guidelines. We argue that the obligation to use ethnoracial categories in genomics research should be abandoned. First, we outline how conceptual imprecision in the definition of ethnoracial categories can generate epistemic uncertainty in medical research and practice. Second, we focus on the use of ethnoracial categories in medical genetics, particularly genomics-based precision medicine, (...) where ethnoracial identity is understood as a proxy for medically relevant differences among individuals. Notably, extensive criticisms have been made already against the genetic interpretation of races, but, nonetheless, the concept of race remains a key element of contemporary genomics. This motivates us to explore possible reasons why such criticisms may have been ineffective in redirecting attention to other (non-race-based) ways of controlling for human variability. We contend that popular arguments against the idea that human races have a genetic basis, though convincing in many respects, are not sufficient to exclude the pragmatic use of race and ethnicity as proxies for genetic variability related to complex phenotypes. Finally, we provide two further arguments to support the idea that ethnoracial categories are unlikely to provide meaningful insights into medical genetics, which implies that even the interpretation of race as a useful tool to stratify disease risk is unwarranted. (shrink)

In “Reasons to Believe and Reasons to Act,” Stewart Cohen argues that balance of reasons accounts of rational action get the wrong results when applied to doxastic attitudes, and that there are therefore important differences between reasons to believe and reasons to act. In this paper, I argue that balance of reasons accounts of rational action get the right results when applied to the cases that Cohen considers, and that these results highlight interesting similarities between reasons to believe and reasons (...) to act. I also consider an argument for Cohen's conclusion based on the principle that Adler, Moran, Shah, Velleman and others call “transparency.” I resist this argument by explaining why transparency is itself doubtful. (shrink)

The paper deals with a charge that is often made against consequentialist moral theories: that they are unacceptably demanding. This is called the Overdemandingness Objection. The paper first distinguishes three interpretations of the Objection as based on the three dimensions of moral demands: scope, content, and authority. It is then argued that neither the scope, nor the content-based understanding of the Objection is viable. Constraining the scope of consequentialism is neither helpful, nor justified, hence the pervasiveness of consequentialism (...) cannot be the ground for the Objection. Although recent approaches interpret the Objection as a claim about the excessively demanding content of consequentialism, it is argued that the stringency of consequentialism is also unproblematic insofar as demandingness is concerned. These results show that the only way to put the Objection is by focusing on the inescapability of consequentialism. The Objection thus takes the following form: consequentialism is overdemanding because it requires us, with decisive force, to do things that we do not have decisive reason to perform. However, in the last part of the paper it is shown that defending this interpretation of the Objection is at best an open-ended and perilous enterprise. The paper concludes that the case for authority is weak: although this is the only defensible way to advocate the Objection, its successful defence depends on the truth of further substantial philosophical positions. (shrink)

We argue that legal argumentation, as the subject matter as well as a special subfield of Argumentation Studies (AS), has to be examined by making skilled use of the full panoply of tools such as argumentation and story schemes which are at the forefront of current work in AS. In reviewing the literature, we make explicit our own methodological choices (particularly regarding the place of normative deliberation in practical reasoning) and then illustrate the implications of such an approach through (...) the analysis of a case study in the English law of evidence. We argue that a clear distinction must be drawn between practical argumentation and stories. Because of the institutional separation between legal judgment and fact-finding in common-law jury trials, we argue for the combination of argument and story-based analysis. (shrink)

According to the so-called ‘Taking Condition’ (a label due to Boghossian 2014) on inference, for a response R in circumstances C to count as an instance of reasoning or inferring, it must be the case that the agent’s taking it that R is warranted or justified in C plays (the right sort of) explanatory role in her R-ing. The Taking Condition has come under much criticism in the theory of reasoning. While I believe that these criticisms can (...) be answered, my aim in this paper is to build a positive case for the Taking Condition. More specifically, I argue that views based on the Taking Condition do a much better job accounting for crucial features of reasoning—especially once we recognize the pervasiveness and significance of defeasibility in our reasoning. (shrink)

Reasons can interact in a variety of ways to determine what we ought to do or believe. And there can be cases where two reasons to do an act or have a belief are individually worse than a reason to not do that act or have that belief, but the reasons together are better than the reason to not do that act or have that belief. So the reasons together―which we can call the accrual of those reasons—can have a strength (...) that is an increasing function of the strengths of the individual reasons. In this paper, we will look at how reasons determine what we ought to do and believe in cases where the accrual of reasons is relevant. Our focus will not primarily be on questions about the nature of individual reasons and their weight. Instead, we will at the outset rely on our pretheoretical grip on what reasons there are and how weighty they are individually and ask the more formal or structural question of how to determine the strength of their accrual based on these facts. In looking at these issues, my goal will not be anything as ambitious as developing a full theory of the accrual of reasons. Rather, my goal will be more modest: I will introducing some of the challenges for providing an adequate model and argue that a promising approach to resolving these challenges involves making use of the familiar distinction in moral philosophy between derivative and non-derivative normative notions. (shrink)

This paper shows how reasoning from best explanation combines with linguistic and factual presumptions during the process of retrieving a speaker’s intention. It is shown how differences between presumptions need to be used to pick the best explanation of a pragmatic manifestation of a dialogical intention. It is shown why we cannot simply jump to an interpretative conclusion based on what we presume to be the most common purpose of a speech act, and why, in cases of indirect (...) speech acts, we need to depend on an abductive process of interpretation. (shrink)

According to the epistemic account of request normativity, a request gives us reasons by revealing normatively relevant information. The information is normative, not the request itself. I raise a new objection to the epistemic account based on situations where we might try to avoid someone requesting something of us. The best explanation of these situations seems to be that we do not want to acquire a new reason to do something. For example, if you know I am going to (...) ask you to read a draft of my paper, you might avoid running into me so as to avoid acquiring a reason to read a draft of my paper. I then argue that the epistemic account can successfully reply to this objection and that in fact the epistemic account does a better job of accounting for cases like this than competing views of the normativity of requests. (shrink)

This paper explains what it is to believe something for a reason. My thesis is that you believe something for a reason just in case the reason non-deviantly causes your belief. In the course of arguing for my thesis, I present a new argument that reasons are causes, and offer an informative account of causal non-deviance.

We present some ideas on logical process descriptions, using relations from the DIO (Drug Interaction Ontology) as examples and explaining how these relations can be naturally decomposed in terms of more basic structured logical process descriptions using terms from linear logic. In our view, the process descriptions are able to clarify the usual relational descriptions of DIO. In particular, we discuss the use of logical process descriptions in proving linear logical theorems. Among the types of reasoning supported by DIO (...) one can distinguish both (1) basic reasoning about general structures in reality and (2) the domain-specific reasoning of experts. We here propose a clarification of this important distinction between (realist) reasoning on the basis of an ontology and rule-based inferences on the basis of an expert’s view. (shrink)

Eva Schmidt argues that facts about incoherent beliefs can be non-evidential epistemic reasons to suspend judgment. In this commentary, I argue that incoherence-based reasons to suspend are epistemically superfluous: if the subjects in Schmidt’s cases ought to suspend judgment, then they should do so merely on the basis of their evidential reasons. This suggests a more general strategy to reduce the apparent normativity of coherence to the normativity of evidence. I conclude with some remarks on the independent interest that (...) reasons-first epistemology might have within an evidentialist framework. (shrink)

When we experience the world – see, hear, feel, taste, or smell things – we gain all sorts of knowledge about the things around us. And this knowledge figures heavily in our reasoning about the world – about what to think and do in response to it. But what is the nature of this knowledge? On one commonly held view, all knowledge is constituted by beliefs in propositions. But in this paper I argue against this view. I argue that (...) some knowledge is constituted, not by beliefs in propositions, but by awareness of properties and objects. To make my case, I focus on the role of visual perception in reasoning. I start by introducing a principle about the relationship between knowledge and reasoning, which says that to learn something new by reasoning, one must know the bases of one’s reasoning. Then I argue that in some cases of genuine, knowledge-conferring reasoning, the bases of our reasoning are not propositions that we believe; rather, they’re properties or objects that we see. Thus, I conclude that some such knowledge is non-propositional and is rather what some call “knowledge of things”. (shrink)

The reasonable person standard is key to both Criminal Law and Torts. What does and does not count as reasonable behavior and decision-making is frequently deter- mined by lay jurors. Hence, laypeople’s understanding of the term must be considered, especially whether they use it predominately in an evaluative fashion. In this corpus study based on supervised machine learning models, we investigate whether laypeople use the expression ‘reasonable’ mainly as a descriptive, an evaluative, or merely a value-associated term. We find (...) that ‘reasonable’ is predicted to be an evaluative term in the majority of cases. This supports prescriptive accounts, and challenges descriptive and hybrid accounts of the term—at least given the way we operationalize the latter. Interestingly, other expressions often used interchangeably in jury instructions (e.g. ‘careful,’ ‘ordinary,’ ‘prudent,’ etc), however, are predicted to be descriptive. This indicates a discrepancy between the intended use of the term ‘reasonable’ and the understanding lay jurors might bring into the court room. (shrink)

In this paper, we argue that solutions to normative challenges associated with autonomous driving, such as real-world trolley cases or distributions of risk in mundane driving situations, face the problem of reasonable pluralism: Reasonable pluralism refers to the fact that there exists a plurality of reasonable yet incompatible comprehensive moral doctrines within liberal democracies. The corresponding problem is that a politically acceptable solution cannot refer to only one of these comprehensive doctrines. Yet a politically adequate solution to the normative challenges (...) of autonomous driving need not come at the expense of an ethical solution, if it is based on moral beliefs that are (1) shared in an overlapping consensus and (2) systematized through public reason. Therefore, we argue that a Rawlsian justificatory framework is able to adequately address the normative challenges of autonomous driving and elaborate on how such a framework might be employed for this purpose. (shrink)

Material traces of the past are notoriously inscrutable; they rarely speak with one voice, and what they say is never unmediated. They stand as evidence only given a rich scaffolding of interpretation which is, itself, always open to challenge and revision. And yet archaeological evidence has dramatically expanded what we know of the cultural past, sometimes demonstrating a striking capacity to disrupt settled assumptions. The questions we address in Evidential Reasoning are: How are these successes realized? What gives us (...) confidence in the credibility and robustness, the trustworthiness, of the evidential claims based on archaeological data? And, what constitute best practices in building evidential claims, critically scrutinizing them and putting them to work in archaeological contexts? Rather than retreat to abstractions about how how science operates in the ideal, we approach this question by interrogating a number of close-to-the-ground case studies with the aim of teasing out the wisdom embodied in archaeological practice. The cases we consider – of fieldwork, strategies for working with old evidence, and the role of external resources – illuminate the role of various types of inferential scaffolding and bring into focus practice-grounded epistemic norms that we believe serve archaeologists better than the all-or-nothing ideals of truth and objectivity that dominate programmatic debate. (shrink)

According to a widely held view, epistemic reasons are normative reasons for belief – much like prudential or moral reasons are normative reasons for action. In recent years, however, an increasing number of authors have questioned the assumption that epistemic reasons are normative. In this article, I discuss an important challenge for anti-normativism about epistemic reasons and present a number of arguments in support of normativism. The challenge for anti-normativism is to say what kind of reasons epistemic reasons are if (...) they are not normative reasons. I discuss various answers to this challenge and find them all wanting. The arguments for normativism each stress a certain analogy between epistemic reasons and normative reasons for action. Just like normative reasons for action, epistemic reasons provide partial justification; they provide premises for correct reasoning; they constitute good bases for the responses they are reasons for; and they are reasons for which agents can show these responses without committing a mistake. In each case, I argue that the relevant condition is plausibly sufficient for the normativity of a reason, and that normativism is in any case in a much better position to explain the analogy than anti-normativism. (shrink)

The peculiar case of Lehrer’s lawyer purports to describe a scenario in which a subject has a justified belief, indeed knowledge, despite the fact that their belief is not causally or counterfactually sustained by any good reasons for it. The case has proven controversial. While some agree with Lehrer’s assessment of the case, others disagree, leading to a schism among accounts of the basing relation. In this paper I aim to reconcile these camps and put simple causal (...) and counterfactual accounts of the basing relation back on the table, by arguing that Lehrer’s case is probably metaphysically impossible, but even if it isn’t, it is ambiguous between a psychologically implausible and a psychologically plausible reading, and this can account for the diverging intuitions that it generates. (shrink)

This paper presents reasons against semantic relativism. Semantic relativism is motivated by intuitions that are presumed to raise problems for traditional or contextualist semantics in contested domains of discourse. Intuition-based arguments are those based on competent speakers’ putative intuitions about seeming faultless disagreement, eavesdropper, and retraction cases. I will organize the discussion in three parts. First, I shall provide a brief introduction to the intuition-based arguments offered in favor of semantic relativism. Second, I shall indicate that there (...) are ways for contextualism to explain the (appearance of) intuitions that support semantic relativism. Third, I shall review some experimental results and independent arguments that put into question the appeal of semantic relativism. (shrink)

According to the most popular non-skeptical views about intuition, intuitions justify beliefs because they are based on understanding. More precisely: if intuiting that p justifies you in believing that p it does so because your intuition is based on your understanding of the proposition that p. The aim of this paper is to raise some challenges for accounts of intuitive justification along these lines. I pursue this project from a non-skeptical perspective. I argue that there are cases in (...) which intuiting that p justifies you in believing that p, but such that there is no compelling reason to think this is because your intuition is based on your understanding of the proposition that p. (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)

This paper tries to do three things. First, it tries to make it plausible that correct rules of reasoning do not always preserve justification: in other words, if you begin with a justified attitude, and reason correctly from that premise, it can nevertheless happen that you’ll nevertheless arrive at an unjustified attitude. Attempts to show that such cases in fact involve following an incorrect rule of reasoning cannot be vindicated. Second, it also argues that correct rules of (...) class='Hi'>reasoning do not even correspond to permissions of “structural rationality”: it is not always structurally permissible to base an attitude on other attitudes from which it follows by correct reasoning. Third, from these observations it tries to build a somewhat positive account of the correctness of rules of reasoning as a more sui generis notion irreducible to either justification or structural rationality. This account vindicates an important unity of theoretical and practical reasoning as well as a qualified version of the thesis that deductive logic supplies correct rules of reasoning. (shrink)

Evidence based-policy (EBP) is a popular research paradigm in the applied social sciences and within government agencies. Informally, EBP represents an explicit commitment to applying scientific methods to public affairs, in contrast to ideologically-driven or merely intuitive “common-sense” approaches to public policy. More specifically, the EBP paradigm places great weight on the results of experimental research designs, especially randomised controlled trials (RCTs), and systematic literature reviews that place evidential weight on experimental results. One hope is that such research designs (...) and approaches to analysing the scientific literature are sufficiently robust that they can settle what really ‘works’ in public policy. Can EBP succeed in displacing reliance on domain-specific expertise? On our account, this is seldom, if ever, the case. The key reason for this is that underlying this approach is generally an appeal to argument by induction, which always requires further assumptions to underwrite its validity, and if not induction, some other argument form that also requires assumptions that are very often not validated for the case at hand. (shrink)

In this commentary paper, we are taking one step further in questioning the central assumptions in the bioethical debates about reproductive technologies. We argue that the very distinction between “person affecting” and “identity affecting” interventions is based on a questionable form of material-origin essentialism. Questioning of this form of essentialist approach to human identity allows treating genome editing and genetic selection as more similar than they are taken to be in the standard approaches. It would also challenge the idea (...) that normative reasons we have in these two types of cases markedly differ in strength. (shrink)

Reasons are not the same. Normative reasons need to be distinguished from non-normative reasons. Then, due to some considerations, we have to draw a distinction between explanatory reasons and motivating reasons. In this paper, I focus on a rather implicit assumption in drawing the explanatory-motivating distinction. Motivating reasons are mostly characterized as those reasons that the agent takes to be normative. This may imply that the agent always knows the reasons their motivating reasons. This I call the infallibility or transparency (...) assumption. This suggests that there is some sort of report condition on motivating reasons. In contrast, one may ask whether it is possible for the agent to be mistaken about what their motivating reasons are. I argue that we can distinguish motivating reasons and satisfy the motivations for the explanatory-motivating distinction without committing to this infallibility assumption. I briefly sketch a character-based approach to motivating reasons as an alternative. Next, I argue that, in addition to being important on its own, this account has implications for other debates. I illustrate this by mentioning cases such as recalcitrant actions as well as critically discussing one kind of counter-example presented against the guise of the good thesis. (shrink)

It is often thought that desire-based versions of reasons internalism, according to which our practical reasons depend on what we desire, are committed to denying that we have any categorical reasons. I shall argue, however, that such theories are committed to a universal desire which gives rise to an unexpected categorical reason – a reason to know our surroundings. I will arrive at this conclusion by using Fichte’s argument for thinking that security from unpredictable and powerful forces of nature (...) is constitutive of agency. Fichte thinks this is the case because we ought to aim at knowledge of our surroundings, and such environments uniquely facilitate it. I show that his argument fails, but the point that we ought to aim at – or desire – such knowledge is fundamentally sound. This aim can then be leveraged to generate a categorical reason when embedded in an account of agency typically embraced by internalists. (shrink)

When you don’t believe a speaker’s testimony for reasons that call into question the speaker’s credibility, it seems that this is an insult against the speaker. There also appears to be moral reasons that count in favour of refraining from insulting someone. When taken together, these two plausible claims entail that we have a moral reason to refrain from insulting speakers with our lack of belief, and hence, sometimes, a moral reason to believe the testimony of speakers. Reasons for belief (...) arising from non-epistemic sources are controversial, and it’s often argued that it’s impossible to base a belief on non-epistemic reasons. However, I will show that even if it is possible to base a belief on non-epistemic reasons, in the case of testimonial insult, for many or most cases, the moral reasons for belief don’t need to be the basis of our doxastic response. This is because there are, in many or most cases, either sufficient epistemic reasons for belief, or sufficient moral reasons for action that guide our response to testimony. Reasons from testimonial insult, in many cases, simply lead to overdetermination. Even if there are such moral reasons for belief, they are therefore practically unnecessary in many cases. There are, though, some cases in which they play an important role in guiding belief. This perhaps surprising conclusion is one unexplored way to defend epistemic over pragmatic reasons for belief. (shrink)

In The moral problem (1994), Michael Smith tries to link three conflicting theories that alone are intuitively plausible, nevertheless, they do not seem to work well together. The first proposes that moral judgments are in fact beliefs about objective matters. The second states the concept of “practicality requirement”. The third is a humean belief-desire psychology, i.e. if a moral judgment is sufficient to explain actions, then it must involve a desire. If that is the case, it cannot be simply (...) a belief. For Smith, any attempt to solve the moral problem must find a way to hold all three doctrines. I will argue that his solution rests on two false assumptions. The first, a rationalist one which supports that what we have reason to do is what we would desire to do if we were fully rational. The second is the internalist thesis about moral motivation according to which a person who believes she is morally required to do something is either necessarily motivated to do it or she is practically irrational. I will base my critics on four objections raised by Copp, Miller, Shafer-Landau, Brink and Sayre-McCord. (shrink)

In this paper, I will present a problem for reductive accounts of knowledge-undermining epistemic luck. By “reductive” I mean accounts that try to analyze epistemic luck in non-epistemic terms. I will begin by briefly considering Jennifer Lackey's (2006) criticism of Duncan Pritchard's (2005) safety-based account of epistemic luck. I will further develop her objection to Pritchard by drawing on the defeasible-reasoning tradition. I will then show that her objection to safety-based accounts is an instance of a more (...) general problem with reductive accounts of epistemic luck. In short, they face a dilemma: they can either fail to vindicate the intuitive verdicts about cases or they can illicitly appeal to the epistemic vocabulary they are trying to reduce. The upshot is that we can only understand epistemic luck in terms of the assessment of the subject's reasons and we can't give a reductive account of that. (shrink)

According to Cian Dorr, non-cognitivism has the implausible implication that arguments like the following are cases of wishful thinking: If lying is wrong, then the souls of liars will be punished in the afterlife; lying is wrong; therefore, the souls of liars will be punished in the afterlife. Dorr further claims that if non-cognitivism implies that the above argument and similar arguments are cases of wishful thinking, then non-cognitivism remains implausible even if one solves the so-called Frege-Geach problem. Dorr’s claims (...) have faced a number of objections, but I believe that Dorr is on to something. So, after summarizing Dorr’s argument and briefly describing three flaws in what Dorr claims, I shall present a distinct objection to non-cognitivism and use the preceding to show what Dorr’s argument gets right and what it gets wrong. (shrink)

We describe a prototype ontology-driven information system (ODIS) that exploits what we call Portion of Reality (POR) representations. The system takes both sensor data and natural language text as inputs and composes on this basis logically structured POR assertions. The goal of our prototype is to represent both natural language and sensor data within a single framework that is able to support both axiomatic reasoning and computation. In addition, the framework should be capable of discovering and representing new kinds (...) of situations and thematic roles, (e.g., roles such as agent, patient and instrument), based on new compositions of existing representations. We applied our prototype in an intelligence analysis use case to test the hypothesis that a framework of this sort can produce usefully structured information from combined natural language and sensor data inputs. We further tested our hypothesis by adding an enhanced US Air Force ontology framework to our ODIS in order to (1) process a collection of sensor data, intel reports, and mission plans; (2) build composite POR representations from these data; and (3) machine analyze the fused results to infer mission threats. (shrink)

This paper examines how science advice can provide policy recommendations in a trustworthy manner. Despite their major political importance, expert recommendations are understudied in the philosophy of science and social epistemology. Matthew Bennett has recently developed a notion of what he calls recommendation trust, according to which well-placed trust in experts’ policy recommendations requires that recommendations are aligned with the interests of the trust-giver. While interest alignment might be central to some cases of public trust, this paper argues against the (...) significance of interest-alignment to meritorious public trust. First, political bodies and citizens can have a basic kind of well-placed recommendation trust in science advice based on an all-things-considered judgement regarding the possession of relevant competencies, responsible conduct, and a proper institutional design. Moreover, scientists’ policy recommendations can be seen as open-ended and as dynamic proposals that enable inter-institutional reasoning and political deliberation. Finally, by providing conditional recommendations, scientists can expand the scope of feasible policy options from which political bodies can choose, thus making the condition of interest alignment even less significant to the trustworthy provision of recommendations. (shrink)

Commonsense reasoning is one of the main open problems in the field of Artificial Intelligence (AI) while, on the other hand, seems to be a very intuitive and default reasoning mode in humans and other animals. In this talk, we discuss the different paradigms that have been developed in AI and Computational Cognitive Science to deal with this problem (ranging from logic-based methods, to diagrammatic-based ones). In particular, we discuss - via two different case studies (...) concerning commonsense categorization and knowledge invention tasks - how cognitively inspired heuristics can help (both in terms of efficiency and efficacy) in the realization of intelligent artificial systems able to reason in a human-like fashion, with results comparable to human-level performances. (shrink)

Reasoning over our knowledge bases and theories often requires non-deductive inferences, especially – but by no means only – when commonsense reasoning is the case, i.e. when practical agency is called for. This kind of reasoning can be adequately formalized via the notion of supraclassical consequence, a non-deductive consequence tightly associated with default and non-monotonic reasoning and featuring centrally in abductive, inductive, and probabilistic logical systems. In this paper, we analyze core concepts and problems of (...) these systems in the light of supraclassical consequence. (shrink)

Although there is increasing recognition that theory and practice in science are often inseparably intertwined, discussions of scientific controversies often continue to focus on theory, and not practice or methodologies. As a contribution to constructing a framework towards understanding controversies linked to scientific practices, we introduce the notion of borrowed epistemic credibility, to describe the situation in which scientists exploit fallacious similarities between accepted tenets in other fields to garner support for a given position in their own field. Our proposal (...) is based on the analysis of a recent controversy in phylogeography, a biological subdiscipline concerned with the study of the historical causes of variation in genetic diversity within species in concrete biogeographical locations. Through a review of the arguments that support the two conflicting phylogeographic schools, we show that ‘theory’ plays essentially no role as a foundation of the controversy, whereas both sides borrow epistemic credibility from sources such as formal logic, similarity of results to those in other scientific areas, the authority of prominent scientists, or the presumed superiority of quantitative vs. verbal reasoning. Our case study underscores the indivisibility of theory and practice and provide a means to re-examine important philosophical issues such as the meaning of inference, rationality, justification, and objectivity in scientific practice. (shrink)

The conception of rationality as Reasons Responsiveness (RR) has seen a revival in the literature. However, RR faces the indeterminacy problem: an agent may be instrumentally irrational even without failing to respond correctly to reasons. Reasons do not conclusively determine choice, but this should not be possible on RR. Hybrid Voluntarism (HV), which is supposed to apply particularly to cases where “reasons run out”, may be a solution. According to Ruth Chang, we can create will-based reasons through commitment if (...) the given reasons balance. HV is attractive since it seems to explain instrumental irrationality and preserve RR’s distinctive appeal. In this paper, I argue that HV fails to save RR in the face of indeterminacy. I first suggest that we distinguish between overdetermination and underdetermination and then show that while RR may solve the former, it fails with the latter. Therefore, we are still left with a case of irrationality without a failure to respond correctly to reasons. (shrink)

This paper defines the form of prior knowledge that is required for sound inferences by analogy and single-instance generalizations, in both logical and probabilistic reasoning. In the logical case, the first order determination rule defined in Davies (1985) is shown to solve both the justification and non-redundancy problems for analogical inference. The statistical analogue of determination that is put forward is termed 'uniformity'. Based on the semantics of determination and uniformity, a third notion of "relevance" is defined, (...) both logically and probabilistically. The statistical relevance of one function in determining another is put forward as a way of defining the value of information: The statistical relevance of a function F to a function G is the absolute value of the change in one's information about the value of G afforded by specifying the value of F. This theory provides normative justifications for conclusions projected by analogy from one case to another, and for generalization from an instance to a rule. The soundness of such conclusions, in either the logical or the probabilistic case, can be identified with the extent to which the corresponding criteria (determination and uniformity) actually hold for the features being related. (shrink)