It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5%of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions. Given this fact, what normative conclusions can be drawn? First, the article argues that a moderately revised version of Scanlon’ s contractualism offers an attractive moral vision that is different from utilitarianism or other consequentialist theories, or from purely deontological theories. It then brings (...) this version of Scanlonian contractualism to bear on the question of whether the death penalty, life imprisonment, long sentences, or shorter sentences can be justified, given that there is a non-negligible rate of erroneous conviction. Contractualism holds that a permissible act must be justifiable to everyone affected by it. Yet, given the non-negligible rate of erroneous conviction, it is unjustifiable to mete out the death penalty, because such a punishment is not justifiable to innocent murder convicts. It is further argued that life imprisonment will probably not be justified (unless lowering the sentence to a long sentence will drastically increase the murder rate). However, whether this line of argument could be further extended would depend on the impact of lowering sentences on communal security. (shrink)

The purpose of this study is exposition on the themes of method and mysticism in the work of Simone Weil. Nearly a decade before the onset of her first mystical experience, Weil developed a method to be rigorously applied in daily philosophical reflection. She outlines this method in her dissertation on Descartes (1929-1930). I examine the question of how Weil applied method to philosophical reflection on her mystical experiences (onset 1938-1939). I analyze Weil’s mystical experiences as a type of transformative (...) experience in L. A. Paul’s strict sense of the term. On Paul’s view, an experience is transformative if it is both epistemically and personally transformative. An experience is epistemically transformative if the only way to know what it is like to have it is to have it yourself. An experience is personally transformative if it changes your point of view, including your core preferences (Paul, 2014). I present a thought experiment and textual evidence to motivate the claim that Weil’s mystical experiences meet Paul’s conditions for transformative experience. I then propose two epistemological facts that can be revealed by philosophical reflection on mystical experience. First, it is possible to read meaning erroneously in the appearances of things. Second, it is possible to come to hold to the certainty of a conviction for reasons that elude the intellect. My findings suggest that Weil’s late views on philosophy accommodate these two epistemological constraints, thereby demonstrating a possible connection between Weil’s mystical experiences and her mature views on the nature, scope, and proper method of philosophy. However, my preliminary findings also suggest that Weil’s early work on method may have anticipated these epistemological obstacles prior to the onset of her first mystical experience. Thus, further exposition of Weil’s method is needed to support or elucidate the claim (Rozelle-Stone and Davis, 2021) that Weil’s epistemology underwent significant changes because of her mystical experiences. (shrink)

scientific progress, natural philosophy of the Late Medieval Period is seen as playing the role of apologetics. For philosophers of science, with their repudiation of metaphysics, the task of providing a rational reconstruction of how scientific progress has occurred is nigh on impossible. Even explanations such as the Popperian and the Kuhnian strain under great difficulty and provide only partly satisfactory results. In his “Logik der Forschung” (1934) Karl Raimund Popper argues that metaphysics plays an accidental part in the emergence (...) of new scientific ideas. Correspondingly, in “Structure of Scientific Revolutions” (1962), by carrying out theoretical interpretations and classification of empirical facts without their metaphysical premises, Thomas Kuhn comes to the conclusion that natural science was formed under the influence of erroneous interpretations of Aristotelian natural philosophy presented by medieval natural philosophers. These are some of the reasons why medievalists are still made to defend late medieval natural philosophy from shallow convictions that at medieval universities nothing of any significance to contemporary science and philosophy took place at all. Seeking to render a fragment of a coherent reconstruction of the development of natural philosophy, I will investigate one idea of late medieval philosophy – the explanation of motion (impetus). The main statement of the paper holds that the ideas of late medieval natural philosophy have a decisive significance for the development of modern natural science instead of accidental or negative one. In the paper, following Aristotelian philosophical approach, premises of Jean Buridan’s theory of impetus will be exposed. Then, debates over the explanation of projectile motion are going to be presented, and finally, the necessary significance of this metaphysical idea on the modifications of natural philosophy is going to be ascertained. (shrink)

Many philosophers hold one of two extreme views about our capacity to have phenomenally conscious experience : either that inner-sense enables us to know our experience and its properties infallibly or the contrary conviction that inner-sense is utterly fallible and the evidence it provides completely defeasible. Both of these are in error. This paper presents an alternative conception of inner-sense, modeled on disjunctive conceptions of perceptual awareness, that avoids both erroneous extremes, but that builds on the commonsense intuitions (...) that motivate them. (shrink)

This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...) person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well -- acquaintances, supervisors or co-workers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges, to truncate legal analysis of the facts and leap to erroneous conclusions about “consent.” Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of pre-judgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used. (shrink)

This dissertation seeks to examine the validity of the justification commonly offered for a coercive(1) psychiatric intervention, namely that the intervention was in the ‘best interests’ of the subject and/or that the subject posed a danger to others. As a first step,it was decided to analyse justifications based on ‘best interests’ [the ‘Stage 1’ argument] separately from those based on dangerousness [the ‘Stage 2’ argument]. Justifications based on both were the focus of the ‘Stage 3’ argument. Legal and philosophical analyses (...) of coercive psychiatric interventions generally regard such interventions as embodying a benign paternalism occasioning slight, if any, ethical concern. Whilst there are some dissenting voices even at the very heart of academic and professional psychiatry, the majority of psychiatrists also appear to share such views. The aim of this dissertation is to show that such a perspective is mistaken and that such interventions raise philosophical and ethical questions of the profoundest importance.(2) The philosophical well-spring of the Stage 1 dissertation argument lay in an observation made by Philippa Foot (3) that the “… right to be let free from unwanted interference” is one of the most fundamental and distinctive rights of persons, a right which takes precedence over any “… action we would dearly like to take for his sake.” This – in conjunction with the recognition that some coercive psychiatric interventions are of a gravity as to result in the personhood of the subject being severely damaged if not destroyed – suggested that the concept of personhood play a central role in the formulation of the dissertation argument. For ease of analysis it was presumed that the term ‘person’ could be defined by a set of necessary and sufficient conditions of which ‘minimum levels of rationality’ and ‘ability to communicate’ were the only conditions relevant to the formulation of justifications for coercive psychiatric interventions. This presumption was explicated into a number of postulates which enabled the construction of a rigorous foundation on which to develop the dissertation argument. This argument then sought to determine whether psychiatric assessments of irrationality were accurate and reliable. In furtherance of this analysis it was necessary to examine the reliability of psychiatric determinations in other areas of claimed expertise namely diagnosis, treatment and assessment of dangerousness. This ‘crossing of the disciplinary threshold’ brought to light the dearth of studies on psychiatric misdiagnosis and iatrogenic harm. A variant of the Precautionary Principle was developed to enable the extent of such harms to be estimated. The not insignificant levels of psychiatric misdiagnosis and iatrogenic harm and erroneous assessments of dangerousness which were thus found are of considerable relevance to any ethical analysis of the justification for coercive psychiatric intervention and serve to undermine simple paternalistic justifications. ---- (1)The term ‘coercive’ (rather than ‘non-consensual’) is used to indicate an intervention carried out against the explicit and contemporaneous objections of the subject (2)Not least because the number of individuals detained in Irish psychiatric hospitals is of a comparable order of magnitude to the number detained in Irish prisons subsequent to a criminal conviction. (3) See Foot (1977), p.102. (shrink)

This dissertation seeks to examine the validity of the justification commonly offered for a coercive (1) psychiatric intervention, namely that the intervention was in the ‘best interests’ of the subject and/or that the subject posed a danger to others. As a first step,it was decided to analyse justifications based on ‘best interests’ [the ‘Stage 1’ argument] separately from those based on dangerousness [the ‘Stage 2’ argument]. Justifications based on both were the focus of the ‘Stage 3’ argument. Legal and philosophical (...) analyses of coercive psychiatric interventions generally regard such interventions as embodying a benign paternalism occasioning slight, if any, ethical concern. Whilst there are some dissenting voices even at the very heart of academic and professional psychiatry, the majority of psychiatrists also appear to share such views. The aim of this dissertation is to show that such a perspective is mistaken and that such interventions raise philosophical and ethical questions of the profoundest importance.(2) The philosophical well-spring of the Stage 1 dissertation argument lay in an observation made by Philippa Foot (3) that the “… right to be let free from unwanted interference” is one of the most fundamental and distinctive rights of persons, a right which takes precedence over any “… action we would dearly like to take for his sake.” This – in conjunction with the recognition that some coercive psychiatric interventions are of a gravity as to result in the personhood of the subject being severely damaged if not destroyed – suggested that the concept of personhood play a central role in the formulation of the dissertation argument. For ease of analysis it was presumed that the term ‘person’ could be defined by a set of necessary and sufficient conditions of which ‘minimum levels of rationality’ and ‘ability to communicate’ were the only conditions relevant to the formulation of justifications for coercive psychiatric interventions. This presumption was explicated into a number of postulates which enabled the construction of a rigorous foundation on which to develop the dissertation argument. This argument then sought to determine whether psychiatric assessments of irrationality were accurate and reliable. In furtherance of this analysis it was necessary to examine the reliability of psychiatric determinations in other areas of claimed expertise namely diagnosis, treatment and assessment of dangerousness. This ‘crossing of the disciplinary threshold’ brought to light the dearth of studies on psychiatric misdiagnosis and iatrogenic harm. A variant of the Precautionary Principle was developed to enable the extent of such harms to be estimated. The not insignificant levels of psychiatric misdiagnosis and iatrogenic harm and erroneous assessments of dangerousness which were thus found are of considerable relevance to any ethical analysis of the justification for coercive psychiatric intervention and serve to undermine simple paternalistic justifications. --- (1)The term ‘coercive’ (rather than ‘non-consensual’) is used to indicate an intervention carried out against the explicit and contemporaneous objections of the subject (2)Not least because the number of individuals detained in Irish psychiatric hospitals is of a comparable order of magnitude to the number detained in Irish prisons subsequent to a criminal conviction (3)See Foot (1977), p.102. (shrink)

A short paper presented before the Fellows of the Center for the Study of Democratic Institutions during the academic year 1969-70, with an Introductory Note written nearly 50 years later. The paper describes the author's enduring personal philosophical precept; it is also an implicit encomium to individuals whose psychology establishes a dependable bridge between their rational convictions and their conduct.

This is a commentary on MM McCabe's "First Chop your logos... Socrates and the sophists on language, logic, and development". In her paper MM analyses Plato's Euthydemos, in which Plato tackles the problem of falsity in a way that takes into account the speaker and complements the Sophist's discussion of what is said. The dialogue looks as if it is merely a demonstration of the silly consequences of eristic combat. And so it is. But a main point of MM's paper (...) is that there is serious philosophy in the Euthydemos, too. MM argues that to counter the sophist brothers Euthydemos and Dionysodoros, Socrates points out that that there are different aspects to the verb 'to say' that run in parallel to the different aspects of the very 'to learn'. So just as there is continuity rather than ambiguity between 'to learn' and 'to understand', so there is continuity between the different aspects of saying. Thus Socrates puts forward a teleological account of both learning and meaning. Following up on some of MM's thoughts, I argue that the sophists subscribe, despite appearance, to a theory of meaning that respects serious and widely accepted philosophical theses on meaning. -/- Forthcoming in the Australasian Philosophical Review. The curator of the volume is Fiona Leigh, and the committee also has Hugh Benson and Tim Clarke. You can find MM's paper as well as the commentaries by Nicholas Denyer and Russell E. Jones and Ravi Sharma (and myself) by registering. (shrink)

Interpretations of Kant’s account of the forms of “taking-to-be-true” (Fürwahrhalten) have generally focused on three such forms: opinion (Meinung), belief (Glaube), and knowledge (Wissen). A second distinction that has received comparatively less attention is that between conviction (Überzeugung) and persuasion (Überredung). Kant appears to use the distinction between the subjective and the objective sufficiency of a taking-to-be-true to characterize all of these forms. However, it is impossible to account for the differences between them by relying on this latter distinction (...) alone. In turn, this makes it difficult to fit all of these forms into a single classification of taking-to-be-true. In this chapter, I propose a new approach to conviction and persuasion that dissolves these problems. Conviction and persuasion are not single forms of taking-to-be-true with distinctive characteristics, yet it is not useful to treat them as “classes” of taking-to-be-true either. Rather, they are “operators” that determine whether a taking-to-be-true is apt or inapt, depending on whether it rests on a correct evaluation of the grounds we have. (shrink)

Society typically shows conscientious objectors more deference than civil disobedients, on the grounds that they appear more conscientious and less strategically minded than the latter. Kimberley Brownlee challenges this standard picture in Conscience and Conviction: The Case for Civil Disobedience, where she claims that civil disobedience is more conscientious than conscientious objection, in virtue of its communicativeness. Brownlee conceives of conscientious conviction as necessarily communicative, and distinguishes it from ‘conscience’—the set of practical moral skills involved in adequately responding (...) to complex situations. This review article argues that Brownlee’s account of conviction is too narrow, as it excludes many core beliefs which we would want to classify as convictions although they violate one or more of the criteria of communicativeness, while her account of conscience is incomplete, because it ignores some of the persistent obstacles for the development of conscience produced by structural injustice. The article identifies these obstacles and offers some strategies for protecting against them, namely, vigilance, self-scrutiny, empathy and collaborative ambivalence. (shrink)

People are motivated by shared social values that, when held with moral conviction, can serve as compelling mandates capable of facilitating support for ideological violence. The current study examined this dark side of morality by identifying specific cognitive and neural mechanisms associated with beliefs about the appropriateness of sociopolitical violence, and determining the extent to which the engagement of these mechanisms was predicted by moral convictions. Participants reported their moral convictions about a variety of sociopolitical issues prior to undergoing (...) functional MRI scanning. During scanning, they were asked to evaluate the appropriateness of violent protests that were ostensibly congruent or incongruent with their views about sociopolitical issues. Complementary univariate and multivariate analytical strategies comparing neural responses to congruent and incongruent violence identified neural mechanisms implicated in processing salience and in the encoding of subjective value. As predicted, neuro-hemodynamic response was modulated parametrically by individuals’ beliefs about the appropriateness of congruent relative to incongruent sociopolitical violence in ventromedial prefrontal cortex, and by moral conviction in ventral striatum. Overall moral conviction was predicted by neural response to congruent relative to incongruent violence in amygdala. Together, these findings indicate that moral conviction about sociopolitical issues serves to increase their subjective value, overriding natural aversion to interpersonal harm. (shrink)

It is argued that standard accounts of the epistemology of religious commitmentfail to be properly sensitive to certain important features of the nature of religious conviction. Once one takes these features of religious conviction seriously, then it becomes clear that we are not to conceive of the epistemology of religious conviction along completely rational lines.But the moral to extract from this is not fideism, or even a more moderate proposal that casts the epistemic standing of basic religious (...) beliefs along nonrational lines. Rather, one needs to recognise that in an important sense religious convictions are not beliefs at all, but that this is compatible with the idea that many other religious commitments are beliefs. This picture of the nature of religious commitment is shown to fit snugly with the Wittgensteinian account of hinge commitments, such that all rational belief essentially presupposes certain basic arational hinge commitments, along lines originally suggested by John Henry Newman. We are thus able to marshal a parity-style argument in defence of religious commitment. Although religious belief presupposes basic arational religious convictions, it is not on this score epistemically amiss since all belief presupposes basic arational convictions, or hinge commitments. The resulting view of the epistemology of religious commitment is a position I call quasi-fideism. (shrink)

Abstract: When do we meet the standard of proof in a criminal trial? Some have argued that it is when the guilt of the defendant is sufficiently probable on the evidence. Some have argued that it is a matter of normic support. While the first view provides us with a nice account of how we ought to manage risk, the second explains why we shouldn’t convict on the basis of naked statistical evidence alone. Unfortunately, this second view doesn’t help us (...) understand how we should manage risk (e.g., the risk of violating rights against wrongful conviction) and faces counterexamples of its own. I shall defend an alternative approach that builds on the strengths of these two accounts. On the approach defending here, it is objectively suitable to punish iff we know a defendant to be guilty. To determine what is consistent with procedural justice and to determine what we prospectively ought to do, we need to think about the risks we face of deviating from this objective ideal. (shrink)

New research suggests that a healthy democracy requires intellectual humility. When citizens are intellectually humble, they are less polarized, more tolerant and respectful of others, and display greater empathy for political opponents. But a flourishing democracy also requires people with political convictions. If the electorate were apathetic, they would not participate in democratic decision-making. Do these two democratic ideals conflict? The standard view in philosophy and psychology is that intellectual humility and political conviction are compatible. In this paper, we (...) challenge the standard view. We appeal to empirical and theoretical work indicating that intellectual humility can result in political apathy or lack of conviction. We conclude by suggesting that there are different varieties of intellectual humility, some aligned with conviction and engagement, and others of a more quietist character. To illustrate this, we sketch a kind of ‘political quietism’ modelled by philosophical thinkers such as Burke and Oakeshott. (shrink)

Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting (...) other forms of evidence, such as eyewitness, trace, and motive evidence, does not violate equal protection. (shrink)

In three empirical studies we examined how people reason about prior convictions in child abuse cases. We tested whether the disclosure of similar prior convictions prompts a mental representation or an additive probative value (Criminal Justice Act, 2003). Asymmetrical use of similar priors were observed in three studies. A pilot study showed that disclosure of a second prior did not contribute a weight equivalent to that of the first disclosure. Study 1 showed jurors did not see left-handed evidence (i.e. matching (...) victim bruising) as more indicative of guilt than right-handedness unless a prior conviction was present, and the presence of priors suppressed the generation of alternative possibilities indicative of innocence. Study 2 showed that disclosure did not decrease community ratings of reoffending propensity and dangerousness as much as a similar prior conviction increased them. We consider the results in the context of a new psychological theory of prior conviction bias and the consequences for the implementation of Section 100 of the Criminal Justice Act (2003). (shrink)

Is there a sense in which we exercise direct volitional control over our beliefs? Most agree that there is not, but discussions tend to focus on control in forming a belief. The focus here is on sustaining a belief over time in the face of ‘epistemic temptation’ to abandon it. It is argued that we do have a capacity for ‘doxastic self-control’ over time that is partly volitional in nature, and that its exercise is rationally permissible.

Many religious, ideological and other beliefs are induced by upbringing. In ‘Paradoxes of Conviction’ G.A. Cohen asks why we persist in a belief, when we know we have this belief rather than a rival one, because we were brought up to believe it. Cohen adduces a syllogistic argument (named ‘the Argument’) that seems to demonstrate the irrationality of holding on to such a nurtured belief. If the Argument is right, it has far-reaching consequences because many nurtured religious and other (...) beliefs should then be abandoned as being irrational. This essay shows that the Argument is fallacious. (shrink)

This chapter defends the thesis that feeling conviction is sufficient for belief: if you feel conviction that p, then you believe that p. I begin with a neutral characterization of belief in terms of its normative profile: belief is a state that is subject to certain distinctive norms of rationality. The main argument of the chapter is that feelings of conviction are beliefs because they are subject to the same norms of rationality that govern our beliefs. Functionalists (...) often deny that feelings of conviction constitute beliefs when they play dysfunctional causal roles, as in cases of mad belief or delusion or implicit bias, but this only serves to obscure the kind of irrationality involved in such cases. These are dysfunctional beliefs, rather than non-doxastic states, or "in-between" cases. (shrink)

Absorb or replicate em terms of social relacions and even intercourse? Reflect, with reflection, it may be silly, but it works, on several levels of human experience.

There is something puzzling about statistical evidence. One place this manifests is in the law, where courts are reluctant to base affirmative verdicts on evidence that is purely statistical, in spite of the fact that it is perfectly capable of meeting the standards of proof enshrined in legal doctrine. After surveying some proposed explanations for this, I shall outline a new approach – one that makes use of a notion of normalcy that is distinct from the idea of statistical frequency. (...) The puzzle is not, however, merely a legal one. Our unwillingness to base beliefs on statistical evidence is by no means limited to the courtroom, and is at odds with almost every general principle that epistemologists have proposed as to how we ought to manage our beliefs. (shrink)

This article analyses the processes involved in description and ‘close looking’ in relation to works of art. Aspects discussed include the often-unspoken appeal to a limited form of artistic intention, the use of ‘context’, and the way that pictorial features are manipulated in the service of interpretation. Ultimately the article shows how great a role the writers’ overarching assumptions (such as about the history of modernism) are likely to play in apparently object-focused analysis, and as such why we should be (...) suspicious of claims that artworks might ‘determine their own interpretation’. (shrink)

Many expressivists have employed a claim about the practicality of morality in support of their view that moral convictions are not purely descriptive mental states. In this paper I argue that all extant arguments of this form fail. I distinguish several versions of such arguments and argue that in each case either the sense of practicality the argument employs is too weak, in which case there is no reason to think that descriptive states cannot be practical or the sense of (...) practicality the argument employs is too strong, in which case there is no reason to think moral convictions are practical. I also discuss and dismiss an attempted patch of such arguments provided by Humean Psychology. The conclusion is that expressivists need to look to sources other than the alleged practicality of morality to support their position. In concluding remarks I suggest one such alternative. (shrink)

In the following pages, the main proposal is to indicate how Max Weber has dialogued directly with some prerogatives from Kant’s Critic of practical Reason, following the reception of Wilhelm Windelband’s concept of “responsibility” (Verantwortlichkeit) and his theory of values. In sight of these influences, in this paper will be argued how Weber adherence to the neo-Kantian value concept has made possible a review on the categorical imperatives, which has turned his reading from Kantian philosophy to the proposal of an (...) antinomy between the ethic of conviction and the ethic of responsibility inside the Kantian moral maxims. -/- Nessa abordagem será proposto que a recepção de Max Weber do conceito de “responsabilidade” (Verantwortlichkeit) de Wilhelm Windelband, bem como sua revisão de certos elementos da filosofia dos valores neokantiana do sudoeste da Alemanha, permitiram que Weber estabelecesse um diálogo mais direto com os pressupostos de Kant em sua Crítica da razão prática. Em vista dessas influências, o presente artigo argumentará que a maneira como Weber revisa os imperativos categóricos direcionou sua compreensão da filosofia kantiana pelo conceito de “valores”, o permitindo ainda, propor a existência de uma antinomia entre a ética da convicção e da responsabilidade no interior das máximas morais kantianas. (shrink)

Eradicating poverty is one of the prime goals included in the Sustainable Development Goals set by the United Nations in its Post-2015 Development Agenda. Clearly, this is a mission set for the world to achieve but do humans have a moral obligation to fulfill it? In other words, is there a moral obligation on the part of the affluent of the world to help the needy poor? Drawing on the relation between a moral obligation and a moral right, one view (...) is that if there is a moral obligation to help the needy poor of the world, then we can say that those afflicted by severe poverty have a moral right (human right) to be free from poverty. But being an example of a socioeconomic right, it is writ with problems leading some philosophers to doubt that there is such a right. On the other hand, many attempts have been made to justify such a right. The paper looks at some attempts that have been made to justify the existence of such a right on the metaethical principles of justice, humanity and the concepts of karma and dharmic duty. It further delves into the nature of the moral obligation to eradicate poverty where this philosophical exercise provides the vision and the insight into the extent and scope of the mission. Lastly, the paper suggests how in view of the complex theoretical issues involved, one can attempt to generate the conviction that there is a human moral obligation to eradicate poverty. (shrink)

For generations, philosophers of punishment have sought to revise or combine established theories of punishment in a way that could reconcile the utilitarian aims of punishment with the demands of deontological justice. Victor Tadros’ recent work addresses the same problem, but answers it w it h an entirely original theory of punishment based on the duties criminals acquire by committing their crimes. The unexpected appearance of a new rationale for punishment has already inspired a robust dialogue between Tadros and his (...) critics on many of the individual claims that, linked together, comprise his argument. This critique focuses instead on Tadros’ theory as a whole and the methodology he uses to support it. It proposes that Tadros’ argumentative strategy can’t justify his rationale by virtue of (1) the extent and complexity of the moral reasoning he invokes, (2) the counter-intuitive results his theory produces in an array of specific cases, and (3) the superiority of a negative-retributivist account in which moral reasoning and intuitive judgments, and the principles and applications that f low from each, are coherent and mutually supportive. Victor Tadros responds to these arguments in an essay following this critique. (shrink)

(English:) The article introduces conspiracy beliefs and considers the most relevant literature in the field. The main purpose of the article is phenomenological: it proposes to understand conspiracy beliefs within the broader genre of what I call general conceptual beliefs (or simply, general beliefs), whose central features are big issues, logical-conceptual fallacies, pseudorationality, bad faith, and monological bias. I claim that general beliefs are functional to a motivationally biased and inherently dishonest communication (the same one that conspiracy narratives share with (...) political extremism, religious fundamenta-lism and other eccentric belief systems), which is essentially conceived for practical and self-representational purposes (not for knowledge). The article argues against the mere stigmatization of this phenomenon and rather seeks to understand it by looking at a broader and murkier region of human experience, for which we are all responsible in some way. -/- (Castellano:) El artículo introduce al análisis de las creencias conspirativas y considera la literatura más relevante sobre el tema. El objetivo del escrito es fenomenológico: entender las creencias conspirativas colocándolas en un género más amplio, las creencias conceptuales generales (o, simple-mente, creencias generales), cuyas carac-terísticas esenciales son: grandes temas, falacias lógico-conceptuales, pseudoracionalidad, mala fe y tendencia monológi-ca. Las creencias generales son funcionales a una comunicación sesgada y tendencialmente deshonesta, la misma que las his-torias conspirativas comparten con ex-tremismos políticos, fundamentalismos religiosos y otros sistemas de creencias excéntricos, cuya finalidad es eminentemente práctica y autorepresentativa (no teorética). El artículo se opone a la mera estigmatización del fenómeno y trata más bien de comprenderlo, observando una región más amplia y turbia de la experiencia humana, de la que todos somos responsables de alguna manera. (shrink)

Criminal juries make decisions of great importance. A key criticism of juries is that they are unreliable in a multitude of ways, from exhibiting racial or gendered biases, to misunderstanding their role, to engaging in impropriety such as internet research. Recently, some have even claimed that the use of juries creates injustice on a large-scale, as a cause of low conviction rates for sexual criminality. Unfortunately, empirical research into jury deliberation is undermined by the fact that researchers are unable (...) to study live juries. The indirect sources of evidence used by researchers suffer from various problems, the most important of which is dubious levels of ecological validity. Real jury research—studying live jury deliberation—is controversial. However, as I argue, the objections to it are unconvincing. There is in fact a moral imperative to facilitate real jury research. (shrink)

I take pseudoscience to be a pretence at science. Pretences are innumerable, limited only by our imagination and credulity. As Stove points out, ‘numerology is actually quite as different from astrology as astrology is from astronomy’ (Stove 1991, 187). We are sure that ‘something has gone appallingly wrong’ (Stove 1991, 180) and yet ‘thoughts…can go wrong in a multiplicity of ways, none of which anyone yet understands’ (Stove 1991, 190). Often all we can do is give a careful description of (...) a way of pretending, a motivation for pretence, a source of pretension. In this chapter I attempt the latter. We will be concerned with the relation of conviction to rational belief. I shall be suggesting that the question of whether an enquiry is a pretence at science can be, in part, a question over the role of conviction in rational belief, and that the answer is to be found in the philosophical problem of the role of values in rational belief. (shrink)

G. A. Cohen (2000) provided us with a challenging “paradox of conviction” by means of pointing out the fact that, even when we realize that we hold certain beliefs (for example, political or religious ones) only because we have been raised to have them, this discovery does not modify what we believe. This seems to be irrational, but acknowledging that fact would entail that irrationality is much more widespread than we are, in principle, willing to accept. In this article (...) we will focus on the solution proposed by Federico Penelas (2007), according to which the paradox can be dissolved by appealing to Rorty’s “ethnocentrism”. We will try to argue that this solution can work insofar as what supports our choice to retain our “convictions” is not theoretical in character, but practical. The reason why we can continue to support certain positions that lack neutral evidence in their favour is that it would be too costly not to do it—a condition which does not, nonetheless, make it any more probable that the positions in question are theoretically acceptable. (shrink)

Kant’s enigmatic term, “Gesinnung”, baffles many readers of Religion within the Bounds of Bare Reason. Detailed analysis of Kant’s theory of Gesinnung, covering all 169 occurrences of cognate words in Religion, clarifies its role in his theories of both general moral decision-making and specifically religious conversion. Whereas the convention of translating “Gesinnung” as “disposition” reinforces a tendency to interpret key Kantian theories metaphysically, and Pluhar’s translation as “attitude” has psychological connotations, this study demonstrates that Kantian Gesinnung is volitional, referring to (...) a person’s principle-based choice to live a certain way. Interpreted as principled “conviction”, Kantian Gesinnung is a religiously-manifested, moral form of Überzeugung (“convincing”). (shrink)

This paper identifies two distinct dimensions of what might be called testimonial strength: first, in the case of testimony from more than one speaker, testimony can be said to be stronger to the extent that a greater proportion of the speakers give identical testimony; second, in both single-speaker and multi-speaker testimony, testimony can be said to the stronger to the extent that each speaker expresses greater conviction in the relevant proposition. These two notions of testimonial strength have received scant (...) attention in the philosophical literature so far, presumably because it has been thought that whatever lessons we learn from thinking about testimony as a binary phenomenon will apply mutatis mutandis to varying strengths of testimony. This paper shows that this will not work for either of the two aforementioned dimensions of testimonial strength, roughly because less testimony can provide more justification in a way that can only be explained by appealing to the (non-binary) strength of the testimony itself. The paper also argues that this result undermines some influential versions of non-reductionism about testimonial justification. (shrink)

What should we do when faced with powerful theoretical arguments that support a severe change in our personal beliefs and commitments? For example, what should new parents do when confronted by unanswered anti-natalist arguments, or two lovers vexed by social theory that apparently undermines love? On the one hand, it would be irrational to ignore theory just because it’s theory; good theory is evidence, after all. On the other hand, factoring in theory can be objectifying, or risks unraveling one's life, (...) fracturing one's identity or social relations. Sometimes, then, following the evidence where it apparently leads would mean not merely changing what we think but who we are. Some might say that there’s something right about the thought that theory can bear on what we ought to believe, it’s just that when we work with full beliefs, only then do we seriously risk having to substantially alter our doxastic economy when pressed by exceptional theoretical arguments. When we work with partial beliefs, however, this risk is greatly diminished. Others will say that we can advocate or champion revisionary positions whilst rationally retaining our pre-theoretical personal convictions. Still others will argue that we should adopt a Moorean posture towards the revisionary arguments. I argue that each response is inadequate, and argue instead that we are permitted to bracket certain kinds of theoretical evidence against our beliefs because of the personal and ethical risks born out of giving them serious consideration. In turn, some of philosophy's doxastic influence is constrained by its attendant ethical risks: the personal enjoys a partial insulation from the theoretical. I close by addressing what this means for practicing philosophers. (shrink)

This paper explores Plato’s views on the purpose of rhetorical form by surveying the way in which Socrates engages in speechmaking at several points in the Gorgias. I argue that Socrates has nothing in principle against the use of a long speech as part of the practice of philosophical inquiry and argument, provided that the speech is geared toward understanding. This reflects a key and relatively unremarked distinction that Socrates makes in the Gorgias between persuasion that comes from being convinced (...) and persuasion that comes from being taught. The kind of long speeches that Socrates objects to are those that have a conviction-based purpose. However, this leaves open the use of a wide variety of rhetorical techniques—pieces of argument, speechifying, analogy, myth, and exhortation—that have a teaching-based purpose, which is precisely the sort of rhetoric that Socrates licenses in the dialogue. (shrink)

Alfred Mele's deflationary account of self-deception has frequently been criticised for being unable to explain the “tension” inherent in self-deception. These critics maintain that rival theories can better account for this tension, such as theories which suppose self-deceivers to have contradictory beliefs. However, there are two ways in which the tension idea has been understood. In this article, it is argued that on one such understanding, Mele's deflationism can account for this tension better than its rivals, but only if we (...) reconceptualize the self-deceiver's attitude in terms of unwarranted degrees of conviction rather than unwarranted belief. This new way of viewing the self-deceiver's attitude will be informed by observations on experimental work done on the biasing influence of desire on belief, which suggests that self-deceivers don’t manage to fully convince themselves of what they want to be true. On another way in which this tension has been understood, this account would not manage so well, since on this understanding the self-deceiver is best interpreted as knowing, but wishing to avoid, the truth. However, it is argued that we are under no obligation to account for this since it is a characteristic of a different phenomenon than self-deception, namely, escapism. (shrink)

Moral abolitionists claim that morality ought to be abolished. According to one of their most prominent arguments, this is because making moral judgments renders people significantly less tolerant toward anyone who holds divergent views. In this paper we investigate the hypothesis that morality’s tolerance-decreasing effect only occurs if people are realists about moral issues, i.e., they interpret these issues as objectively grounded. We found support for this hypothesis (Studies 1 and 2). Yet, it also turned out that the intolerance associated (...) with realism is mediated by moral conviction and perceived consensus. People tend to feel more strongly about those moral issues they ground objectively and, in doing so, are more prone to display the vice of moral smugness toward those who disagree with them. The remedy for this that has been recommended is humility which we found (Study 3) is indeed related to reduced intolerance, in part by predicting a reduction in realism, but also in part through a direct connection to intolerance. These results put pressure on abolitionists’ “argument from intolerance.”. (shrink)

The United Kingdom's Parliamentary Bill 'Fraud Trials (Without a Jury) 2007', failed. Nevertheless, fraud trials without a jury do take place and there is much evidence to support this. Today the UK still does not support fraud trials without a jury, even though fraud in the UK today is the highest amount of fraud globally. The longer version of this paper is submitted here since it has become urgent that UK fraud trials be examined as a matter of urgency. On (...) page 87 of this complete paper (cut down for The Criminal Lawyer in 2008) a U.S study of 46 corporate fraud trials revealed that the defendants were CEOs, President, Chairman, Senior Vice Presidents, Chief Financial Officers, but only one entity reach trial stage. After the ce Arthur Anderson LLP v. United States, 544 U.S. 696 (2005), and the Lehman Brothers SEC case and the SEC v. Bank of America Corp., 653 F. Supp. 2d 507 (S.D.N.Y. 2009, and the Report by the U.S. Financial Crisis Inquiry on the 2008 financial crash, a global financial disaster was predicted and George Osborne, UK Chancellor pleaded for leniency for HSBC Bank frauds, threatening a global meltdown. The U.S. judiciary increased its volume of Deferred Prosecution Agreements and the UK followed suit. So, in year 2022, there is global financial meltdown and the UK has the highest rate of fraud in the world with few successful convictions. This paper is very relevant today as we must stop using deferred prosecution agreements and seek more convictions and harsh jail sentences for those financial fraudsters who have created this meltdown. -/- *When this paper was written, UK fraud was estimated at £40 million and some experts suspected twice that amount. Today UK fraud is in the billions of pounds annually. (shrink)

Is it right to convict a person of a crime on the basis of purely statistical evidence? Many who have considered this question agree that it is not, posing a direct challenge to legal probabilism – the claim that the criminal standard of proof should be understood in terms of a high probability threshold. Some defenders of legal probabilism have, however, held their ground: Schoeman (1987) argues that there are no clear epistemic or moral problems with convictions based on purely (...) statistical evidence, and speculates that our aversion to such convictions may be nothing more than an irrational bias. More recently, Hedden and Colyvan (2019, section VI) describe our reluctance to convict on the basis of purely statistical evidence as an ‘intuition’, but suggest that there may be no ‘in principle’ problem with such convictions (see also Papineau, forthcoming, section 6). In this paper, I argue that there is, in some cases, an in principle problem with a conviction based upon statistical evidence alone – namely, it commits us to a precedent which, if consistently followed through, could lead to the deliberate conviction of an innocent person. I conclude with some reflections on the idea that the criminal justice system should strive to maximise the accuracy of its verdicts – and the related idea that we should each strive to maximise the accuracy of our beliefs. (shrink)

The conviction that high self-esteem is beneficial both to the individual and to society in general has been pervasive both in academia and in popular culture. If it is indeed beneficial, it is a prime candidate for pharmacological enhancement. There is evidence to suggest, however, that the benefits of high self-esteem to the individual have been exaggerated; and that there are few - if any - social benefits. With this evidence in mind, I consider in what ways high self-esteem (...) is valuable, and suggest how enhancement could play a role in maximising its valuable aspects. (shrink)

A conviction had by many Christians over many centuries is that natural language is inadequate for describing God. This is the doctrine of divine ineffability. Apophaticism understands divine ineffability as it being justified or proper to negate statements that describe God. This paper develops and defends a version of apophaticism in which the negation involved is metalinguistic. The interest of this metalinguistic apophaticism is two-fold. First, it provides a philosophical model of historical apophaticisms that shows their rational coherence. Second, (...) metalinguistic apophaticism enables a minimal understanding of ineffability that is independently plausible given its minor commitments. (shrink)

Open theists argue that God's relationship to time, as conceived in classical theism, is erroneous. They explain that it is contradictory for an atemporal being to act in a temporal universe, including experiencing its temporal successions. Contrary to the atemporalists, redemptive history has shown that God interacts with humans in time. This relational nature of God nullifies the classical notion of God as timelessly eternal. Therefore, it lacks a philosophical and theological basis. Because God is in time, He does (...) not know all future contingencies and, therefore, changes. This study examines open theism's appropriation of the A and B theories of time to the divine-human relationship. The study argues that divine temporality does not solve the tension of divine-human relationships, especially in relation to the future. Further, historical divine temporality does not negate the fact of divine atemporality. It mainly stems from God's choice to create temporal creatures and His relationship with them. Furthermore, if it is not logically and metaphysically contradictory for an omnipresent being to act in space, then it follows that an atemporal being can act in time. Whether time is understood from the metric or psychological point of view, it does not transcend God, and therefore, the limitation it places on human creatures with respect to the future does not apply to God. Lastly, although a few philosophers reject the notion of eternity as timelessly eternal, the doctrine has a philosophical and theological basis in the Scripture. (shrink)

The conviction that ‘intention’ is not semantically ambiguous but has a single and distinctive meaning frames the argument of Anscombe’s masterwork Intention. What this meaning is, however, is barely recognizable in her book. One reason for this difficulty is that Intention starts from a threefold division of the appearance of the concept in our natural language and proceeds to develop its various accounts piecemeal. Another is the obscurity of the notion of ‘practical knowledge’ it introduces, precisely for shedding the (...) light that would make its topic perspicuous as a whole. The present article aims to amend this obscurity by providing both a schema of unity for the various parts of the division and an account of the fixed character of the concept. For the former task, the article recaptures Anscombe’s technical use of the term ‘a kind of statement’, uses it to clarify the nature of the division’s parts, and argues that they are co-constituted in a larger context of rational proceedings. Having done this, the article shows that the point of such proceedings is to display the validity of practical reasoning in a given case. It analyses Anscombe’s account of this kind of validity, providing thereby the representation of the fixed character of ‘intention’ as a distinct form of thinking. (shrink)

Members of the field of philosophy have, just as other people, political convictions or, as psychologists call them, ideologies. How are different ideologies distributed and perceived in the field? Using the familiar distinction between the political left and right, we surveyed an international sample of 794 subjects in philosophy. We found that survey participants clearly leaned left (75%), while right-leaning individuals (14%) and moderates (11%) were underrepresented. Moreover, and strikingly, across the political spectrum, from very left-leaning individuals and moderates to (...) very right-leaning individuals, participants reported experiencing ideological hostility in the field, occasionally even from those from their own side of the political spectrum. Finally, while about half of the subjects believed that discrimination against left- or right-leaning individuals in the field is not justified, a significant minority displayed an explicit willingness to discriminate against colleagues with the opposite ideology. Our findings are both surprising and important, because a commitment to tolerance and equality is widespread in philosophy, and there is reason to think that ideological similarity, hostility, and discrimination undermine reliable belief formation in many areas of the discipline. (shrink)

Our moral convictions cannot, on the face of it, count in evidence against scientific claims with which they happen to conflict. Moral anti-realists of whatever stripe can explain this easily: science is immune to moral refutation because moral discourse is defective as a trustworthy source of true and objective judgments. Moral realists, they can add, are unable to explain this immunity. After describing how anti-realists might implement this reasoning, the paper argues that the only plausible realist comeback turns on the (...) practical nature of moral reasoning. This comeback, however, places significant constraints on the structure of evidence for moral judgments. These constraints cannot be met by coherentist defenders of reflective-equilibrium methodology or by anyone sympathetic to bottom-up, case-driven foundationalism, including those who claim we have perceptual or perception-like access to moral truths. Unfortunately for realists in these categories, alternative realism-friendly accounts of science’s apparent moral immunity are unpromising. These neither explain nor explain away our unwillingness to infer an is from an ought, as Hume might have put it. Science’s apparent immunity to moral refutation therefore poses a serious problem for any realist unhappy with top-down, theory-driven conceptions of the structure of moral evidence. (shrink)

It has become customary to conceptualize the living cell as an intricate piece of machinery, different to a man-made machine only in terms of its superior complexity. This familiar understanding grounds the conviction that a cell's organization can be explained reductionistically, as well as the idea that its molecular pathways can be construed as deterministic circuits. The machine conception of the cell owes a great deal of its success to the methods traditionally used in molecular biology. However, the recent (...) introduction of novel experimental techniques capable of tracking individual molecules within cells in real time is leading to the rapid accumulation of data that are inconsistent with an engineering view of the cell. This paper examines four major domains of current research in which the challenges to the machine conception of the cell are particularly pronounced: cellular architecture, protein complexes, intracellular transport, and cellular behaviour. It argues that a new theoretical understanding of the cell is emerging from the study of these phenomena which emphasizes the dynamic, self-organizing nature of its constitution, the fluidity and plasticity of its components, and the stochasticity and non-linearity of its underlying processes. (shrink)

Philosophers of science have given up on the quest for a silver bullet to put an end to all pseudoscience, as such a neat formal criterion to separate good science from its contenders has proven elusive. In the literature on critical thinking and in some philosophical quarters, however, this search for silver bullets lives on in the taxonomies of fallacies. The attractive idea is to have a handy list of abstract definitions or argumentation schemes, on the basis of which one (...) can identify bad or invalid types of reasoning, abstracting away from the specific content and dialectical context. Such shortcuts for debunking arguments are tempting, but alas, the promise is hardly if ever fulfilled. Different strands of research on the pragmatics of argumentation, probabilistic reasoning and ecological rationality have shown that almost every known type of fallacy is a close neighbor to sound inferences or acceptable moves in a debate. Nonetheless, the kernel idea of a fallacy as an erroneous type of argument is still retained by most authors. We outline a destructive dilemma we refer to as the Fallacy Fork: on the one hand, if fallacies are construed as demonstrably invalid form of reasoning, then they have very limited applicability in real life. On the other hand, if our definitions of fallacies are sophisticated enough to capture real-life complexities, they can no longer be held up as an effective tool for discriminating good and bad forms of reasoning. As we bring our schematic “fallacies” in touch with reality, we seem to lose grip on normative questions. Even approaches that do not rely on argumentation schemes to identify fallacies fail to escape the Fallacy Fork, and run up against their own version of it. (shrink)

In a recent paper, Barry Loewer attempts to defend Humeanism about laws of nature from a charge that Humean laws are not adequately explanatory. Central to his defense is a distinction between metaphysical and scientific explanations: even if Humeans cannot offer further metaphysical explanations of particular features of their “mosaic,” that does not preclude them from offering scientific explanations of these features. According to Marc Lange, however, Loewer’s distinction is of no avail. Defending a transitivity principle linking scientific explanantia to (...) their metaphysical grounds, Lange argues that a charge of explanatory inadequacy resurfaces once this intuitive principle is in place. This paper surveys, on behalf of the Humean, three strategies for responding to Lange’s criticism. The ready availability of these strategies suggests that Lange’s argument may not bolster anti-Humean convictions, since the argument rests on premises that those not antecedently sharing these convictions may well reject. The three strategies also correspond to three interesting ways of thinking about relations of grounding linking Humean laws and their instances, all of which are consistent with theses of Humean supervenience, and some of which have been heretofore overlooked. (shrink)

In this chapter I give an account of how our judgments of anger often play out in certain political instances. While contemporary philosophers of emotion have provided us with check box guides like “fittingness” and “size” for evaluating anger, I will argue that these guides do not by themselves help us escape the tendency to mark or unmark the boxes selectively, inconsistently, and erroneously. If anger—particularly anger in a political context—can provide information and spark positive change or political destruction, then (...) we have moral reasons to evaluate it properly. But can we? And what are the limitations and errors we often face when evaluating anger? -/- I will begin by laying out the ways in which we evaluate emotions and the moral and epistemic errors we attribute to the angry agent in judgments of disapproval. Then I attempt to answer the question: How do we judge political anger improperly? An improper evaluation, in my view, does not take into account relevant information that is needed to evaluate the anger. An overly generous, uninformed, biased, or selfish process of evaluation produces an improper evaluation. We see this occur when we immediately evaluate anger. I will also identify two social discursive practices of improper evaluation as well as the moral and epistemic errors committed when anger evaluators participate in these practices. (shrink)