Almost every facet of the experience of musical listening—from pitch, to rhythm, to the experience of emotion—is thought to be shaped by the meeting and thwarting of expectations. But it is unclear what kind of mental states these expectations are, what their format is, and whether they are conscious or unconscious. Here, we distinguish between different modes of musical listening, arguing that expectations play different roles in each, and we point to the need for increased collaboration between music psychologists and (...) philosophers in order to arrive at a more detailed characterisation of conscious musical experience and the role of expectations therein. (shrink)

What is the scope of our conscious mental agency, and how do we acquire self-knowledge of it? Both questions are addressed through an investigation of what best explains our inability to form judgemental thoughts in direct response to practical reasons. Contrary to what Williams and others have argued, it cannot be their subjection to a truth norm, given that our failure to adhere to such a norm need not undermine their status as judgemental. Instead, it is argued that we cannot (...) form judgements at will because we subjectively experience them as responses to epistemic reasons, and because this is incompatible with our experiential awareness of direct mental actions, such as instances of imagining. However, this latter awareness does not extend to indirect agency, which relies on epistemic or causal processes as means. Judging may therefore still count as an indirect action - just like, say, breaking a window by throwing a stone. (shrink)

The paper aims to weaken a widespread argument against indexical contextualism regarding matters of personal taste. According to indexical contextualism, an utterance of “T is tasty” (where T is an object of taste) expresses the proposition that T is tasty for J (where J is a judge). This argument suggests that indexical contextualism cannot do justice to our disagreement intuitions regarding typical disputes about personal taste because it has to treat conversations in which one speaker utters “T is tasty” and (...) another responds with “T is not tasty” (referred to as ‘judge-non-specific conversations’ in this paper) as being on a par with conversations in which one speaker utters “T is tasty to me” and another responds with “T is not tasty to me” (referred to as ‘judge-specific conversations’). The argument has it that judge-specific conversations, unlike judge-non-specific conversations, do not contain disagreement between speakers. To defend indexical contextualism, some philosophers have proposed accounts (here referred to as ‘dual-proposition theories’) according to which utterances of “T is tasty” are used to communicate both the above kinds of semantically expressed proposition and some other kinds of proposition (like superiority propositions or metalinguistic propositions) that could be used to explain disagreements about taste. The paper defends two claims: First, it is argued that judge-specific conversations, or at least some of them, do contain disagreement between speakers, contrary to what the anti-indexical-contextualist argument supposes. Second, it is argued that dual-proposition indexical-contextualist theories fail to explain judge-specific conversations that are intuitively interpreted as containing disagreement. (shrink)

What makes a high-quality biomarker experiment? The success of personalized medicine hinges on the answer to this question. In this paper, I argue that judgment about the quality of biomarker experiments is mediated by the problem of theoretical underdetermination. That is, the network of biological and pathophysiological theories motivating a biomarker experiment is sufficiently complicated that it often frustrates valid interpretation of the experimental results. Drawing on a case-study in biomarker diagnostic development from neurooncology, I argue that this problem of (...) underdetermination can be overcome with greater coordination across the biomarker research trajectory. I then sketch an account for how coordination across a research trajectory can be evaluated. I ultimate conclude that what makes a high-quality biomarker experiment must be judged by the epistemic contribution it makes to this coordinated research effort. (shrink)

Thaddeus Metz defends the retributive theory of punishment against challenges mounted by some of the contributors to this collection. People, he thinks, ought to be censured in a way that is proportional to what they have done and for which they are responsible. Understanding does not conflict with judging. On the contrary, according to him, the more we understand, the better we are able to censure appropriately. Metz’s argument is Kantian insofar as he argues that ‘respect for persons [victims, responsible (...) wrongdoers and the community at large] requires condemning people proportionately to their responsible wrongdoing and hence that understanding a person merely indicates what would be proportionate, not that proportionality is unjustified’. His reason for thinking that Kantian respect requires retribution is that, as in non-retributive cases such as economic justice, compensatory justice, and justice in healthcare rationing, it requires imposing burdens on persons consequent to an awareness of their responsible choices. To use his slogan, ‘judging is apt because of understanding’. (shrink)

Cover versions form a loose but identifiable category of tracks and performances. We distinguish four kinds of covers and argue that they mark important differences in the modes of evaluation that are possible or appropriate for each: mimic covers, which aim merely to echo the canonical track; rendition covers, which change the sound of the canonical track; transformative covers, which diverge so much as to instantiate a distinct, albeit derivative song; and referential covers, which not only instantiate a distinct song, (...) but for which the new song is in part about the original song. In order to allow for the very possibility of transformative and referential covers, we argue that a cover is characterized by relation to a canonical track rather than merely by being a new instance of a song that had been recorded previously. (shrink)

This paper is a response to an earlier paper by Mark Nelson in which he argues for the claim that the best judges of the merits of arguments for the existence of God are theists whose belief in God is properly basic. I criticise Nelson's argument, and pursue some questions about the significance of the conclusion for which he argues.

One’s life can be meaningful, but not worth living, or worth living, but not meaningful, which demonstrates that an evaluation of whether life is worth living differs from an evaluation of whether one’s life is meaningful. But how do these evaluations differ? As I will argue, an evaluation of whether life is worth living is a more comprehensive evaluation than the evaluation of whether one’s individual life is meaningful. In judging whether one finds life worth living, one takes into account, (...) not only whether one’s life is meaningful, but undesirable aspects of life such as chronic pain and suffering. For example, a person who is suffering greatly, but who has lived a meaningful life, might still conclude that his or her life is not worth living. Although the famed question about the meaning of life has received most of the attention, I argue that the better and more fruitful question is “Is life worth living?” One should want, not just for one’s life to be meaningful, but for it to be worth living. (shrink)

Expert-informed public policy often depends on a degree of public trust in the relevant expert authorities. But if lay citizens are not themselves authorities on the relevant area of expertise, how can they make good judgements about the trustworthiness of those who claim such authority? I argue that the answer to this question depends on the kind of trust under consideration. Specifically, I maintain that a distinction between epistemic trust and recommendation trust has consequences for novices judging the trustworthiness of (...) experts. I argue for this by identifying the unique difficulties that emerge when a novice is asked not just to believe expert testimony, but to follow expert recommendations. I outline criteria for novice judgements of expert trustworthiness that have been proposed by Elizabeth Anderson and show that novel problems emerge for her criteria when we shift focus from epistemic trust to recommendation trust. More is needed when we are asked not just to believe the experts but to act as they recommend, because novices looking for trustworthy expert recommendations need to establish whether the recommended course of action supports what is important to them and accords with their values. (shrink)

[This draft is dated November 2007. I wrote it while I was a fellow at the Center for 21st Century Studies at UW-Milwaukee, in 2005-06, and published it only on the Center's website as a working paper. Many of the core ideas in this paper wound up in "Receptivity and the Will," Nous 2009, "Assertion, Sincerity, and Knowledge," Nous 2013, and "Assurance and Warrant," Philosophers' Imprint 2014 -- though formulated rather differently. What follows is the original abstract.] This working paper (...) extends a project that I’ve been developing for several years on the role of trust, including self-trust, in rationality and personal autonomy. I’m interested equally in epistemic questions (what to believe) and in practical questions (how to act), though the present paper addresses only the former. In an earlier paper on the epistemic side of my project, “Telling as Inviting to Trust” (Philosophy and Phenomenological Research, May 2005), I offered an explanation of how you can get an entitlement to believe something simply by trusting someone when she tells you it’s so, the entitlement deriving not merely from the assurance but from the trustworthy character of the one who gives it. The present paper adapts my explanation of believing-on-another’s-word to belief as such, via the observation that you can’t form a belief without trusting someone’s judgment – if only your own. I view intrapersonal reasoning about what to believe as an internalization of the interpersonal cases I analyzed in that earlier paper. In each instance, belief-formation has a second-personal dynamic: an invitation to trust on one side, trusting acceptance of that invitation on the other. If I’m right, the dynamic at the heart of all belief manifests not autonomy but a trusting heteronomy, whereby you render yourself appropriately receptive to judgment – your own or another’s. (The idea that judging is inviting self-trust first occurred to me in 2002, but I didn’t get a chance to develop it properly till 2005-06, my fellowship year at the Center for 21st Century Studies. I appreciate the support.). (shrink)

The use of neuroscientific evidence in criminal trials has been steadily increasing. Despite progress made in recent decades in understanding the mechanisms of psychological and behavioral functioning, neuroscience is still in an early stage of development and its potential for influencing legal decision-making is highly contentious. Scholars disagree about whether or how neuroscientific evidence might impact prescriptions of criminal culpability, particularly in instances in which evidence of an accused’s history of mental illness or brain abnormality is offered to support a (...) plea of not criminally responsible. In the context of these debates, philosophers and legal scholars have identified numerous problems with admitting neuroscientific evidence in legal contexts. To date, however, less has been said about the challenges of evaluating the evidence upon which integrative mechanistic explanations that bring together evidence from different areas of neuroscience are based. As we explain, current criteria for evaluating such evidence to determine its admissibility in legal contexts are inadequate. Appealing to literature in the philosophy of scientific experimentation and theoretical work in the social, cognitive and behavioral sciences, we lay the groundwork for reforming these criteria and identify some of the implications of modifying them. (shrink)

A classic debate concerns whether reasonableness should be understood statistically (e.g., reasonableness is what is common) or prescriptively (e.g., reasonableness is what is good). This Article elaborates and defends a third possibility. Reasonableness is a partly statistical and partly prescriptive “hybrid,” reflecting both statistical and prescriptive considerations. Experiments reveal that people apply reasonableness as a hybrid concept, and the Article argues that a hybrid account offers the best general theory of reasonableness. -/- First, the Article investigates how ordinary people judge (...) what is reasonable. Reasonableness sits at the core of countless legal standards, yet little work has investigated how ordinary people (i.e., potential jurors) actually make reasonableness judgments. Experiments reveal that judgments of reasonableness are systematically intermediate between judgments of the relevant average and ideal across numerous legal domains. For example, participants’ mean judgment of the legally reasonable number of weeks’ delay before a criminal trial (ten weeks) falls between the judged average (seventeen weeks) and ideal (seven weeks). So too for the reasonable num- ber of days to accept a contract offer, the reasonable rate of attorneys’ fees, the reasonable loan interest rate, and the reasonable annual number of loud events on a football field in a residential neighborhood. Judgment of reasonableness is better predicted by both statistical and prescriptive factors than by either factor alone. -/- This Article uses this experimental discovery to develop a normative view of reasonableness. It elaborates an account of reasonableness as a hybrid standard, arguing that this view offers the best general theory of reasonableness, one that applies correctly across multiple legal domains. Moreover, this hybrid feature is the historical essence of legal reasonableness: the original use of the “reasonable person” and the “man on the Clapham omnibus” aimed to reflect both statistical and prescriptive considerations. Empirically, reasonableness is a hybrid judgment. And normatively, reasonableness should be applied as a hybrid standard. (shrink)

Nathan Hanna has recently addressed a claim central to my 2013 article ‘Must Punishment Be Intended to Cause Suffering’ and to the second chapter of my 2016 book An Expressive Theory of Punishment: namely, that punishment need not involve an intention to cause suffering. -/- Hanna defends what he calls the ‘Aim To Harm Requirement’ (AHR), which he formulates as follows. AHR: ‘an agent punishes a subject only if the agent intends to harm the subject’ (Hanna 2017 p969). I’ll try (...) to show in this note that Hanna’s latest attempts to defend AHR fail. I’ll start by setting out my own view, drawing attention to one significant, but perhaps understandable, misstatement of Hanna’s. I’ll then discuss two alleged counter-examples that Hanna presents to my view, and show that they both fail in their own terms. I’ll also argue that, given assumptions that Hanna is willing to make a scenario closely related to one that Hanna presents counts against AHR. I’ll then discuss how significant it would be if these counter-examples were successful. My view is that it wouldn’t matter much, and that anyone attracted to abolitionism should agree. I’ll conclude with a brief discussion of Hart, which may be of interest to enthusiasts and Hart scholars. (shrink)

What do we do with Judges? This two-edged word? This ambidextrous book? These ambivalent heroes? The Judges were drawing their last fleeting breaths shipwrecked and scattered upon the shores of historical-critical-grammatical-linear-modernist-masculine interpretation. "The narrative is primitive," they said. "The editors have made a mess," they exclaimed. "The conclusion is really an appendix," another said. Then the bible-acrobats jumped in pretending there was no literary carnage while at the same time drawing our eyes away from the literary carnage. "No, (...) no, there is an order to this disorderly book!" "Gideon is a man of faith," they explained. "Gideon is a sham," others retorted. "Long live the king," they cried. "Oh no, the king will bring down the nation," others said. Enter the latest literary critics and the fresh feminist readers to save the day. And save they have. Barry noted the irony. Cheryl called attention to the elaborate, spiraling labyrinth. Phyllis remembered the forgotten. Mieke heralded the incoherence. Deborah the Bee slings Barak with irony. Cowardly Jephthah sacrifices his virgin daughter immediately after he is filled with the spirit. Blind Samson remains stuck in some adolescent, Pinnochio-like stage milling around the same old vices. The Levite, the man of word and sacrifice, lies to the people and dismembers his wife. To beat it all the myopic narrator joins in lock step with the other blind characters stumbling around in the narrative. What manner of text is this? These Judges, these stories, are even more troubling now that we take them seriously. Now what do we do with Judges? The recent scholarship is most promising, but I think we must press forward, or is that backward, or perhaps to another plan. Perhaps Judges hearkens forward to the postmodern. What would Judges look like if we viewed the story through a postmodern lens? Would we see the text in another dimension? Would we let the characters live and breathe as confusing, confounding, intricate characters? Judges speaks to me. These judges, they teach me. How can I ever forget my reading of Judges? For once I found a text reflecting the madness of faith in my maddening world. For once I saw a text like Pablo. I heard the echo of Umberto. I noted the faint murmurings of Jacques. I danced a most joyous jig with Julia. I saw, up ahead, or was that behind me, or over to the side, Martin's flickering candle. Mieke, meet Jael. Barak, meet Barry. Jacques, meet Gideon. Samson, meet Martin. Umberto, meet the narrator or two or three. Pablo, meet the Levite's wife---sorry, she has no name. (shrink)

In this paper I examine Max Deutscher’s recent accounts of thinking, willing and judging, derived from his reading of Hannah Arendt’s 'The Life of the Mind', as set out in his book 'Judgment After Arendt'. Against Deutscher I argue that thinking does not presuppose thoughtfulness, that being willing is compatible with willing reluctantly, and that actor and spectator judgments are distinct types of judgments.

How should scientists judge the quality of research articles? In this article I present general criteria for judging the scientific value of a research report submitted for publication. These criteria can improve the quality of research articles and produce fair referee reports that are scientifically justifiable. My view is based on four fundamental rules that guide all good science. These rules ought to determine whether scientific research reports merit publication in scientific journals. The rules for good science also structure this (...) article. They are as follows. [1] Scientists must use specialised problem-solving; [2] scientists must refer to previous work; [3] scientists must justify their findings; and [4] scientists must convince their scientific community. (shrink)

We often get reason to doubt the reliability of some of our own reasoning. The rational response to such evidence would seem to depend on how reliable one should estimate that reasoning to be. Independence principles constrain that reliability-assessment, to prevent question-begging reliance on the very reasoning being assessed. But this has consequences some find disturbing: can it be rational for an agent to bracket some of her reasons—which she may, after all, be assessing impeccably? So several arguments have been (...) offered against the very idea of an Independence principle. This paper argues that looking closely at these arguments actually strengthens the case for Independence, and yields some guidance in meeting a formidable challenge for Independence-defenders: formulating the principle in an adequate way. (shrink)

I will argue that just and accurate assessment must involve taking into account how racial injustice affects students’ performance in their work. To this end, I will motivate what I call the RACIAL-INJUSTICE-ASSESSMENT THESIS. According to this thesis, instructors must account for how racial injustice affects a student’s work for an instructor’s judgment of her work to count as just. To motivate the RACIAL-INJUSTICE ASSESSMENT THESIS, I will defend the ACCURACY THESIS and the JUSTICE THESIS. According to the ACCURACY THESIS, (...) the accuracy of an instructor’s judgment of a student’s work will covary with the degree to which she considers how racial injustice affects the performance enshrined in the student’s the work. According to the JUSTICE THESIS, the justness of instructors’ judgments of student work covary with the degree to which instructors consider racial injustice’s effect on student work. (shrink)

In this paper, I consider the basis for Kant's praise of Wolff's general logic as "the best we have." I argue that Wolff's logic was highly esteemed by Kant on account of its novel analysis of the three operations of the mind (tres operationes mentis), in the course of which Wolff formulates an argument for the priority of the understanding's activity of judging.

Matthew Soteriou provides an analysis of authoritatively knowing one’s own mental acts which depends on a surprising assumption: One cannot truly judge that one is judging. After briefly criticizing his account of one’s awareness that one is judging, I critically scrutinize two of his arguments against the possibility of truly judging that one is judging. Firstly, assuming such a possibility leads to a regress. Secondly, the second-order judgement inevitably replaces the first-order judgement such as to make the former wrong.

The principle of nemo iudex in causa sua is central to John Locke’s social contract theory: the state is justified largely due to the human need for an impartial system of criminal justice. In contemporary Anglo-American legal practice, the value of impartiality in criminal justice is accepted uncritically. At the same time, advocates of restorative justice frequently make reference to a crime victim’s right to have his or her voice heard in the criminal justice process without regard for impartiality as (...) potentially being morally valuable. In this article, I challenge the central place of impartiality in criminal justice on the grounds that it leads to a setup ill-suited to moral psychology. Though restorative justice advocates are not principled in their implicit rejection of impartiality and the nemo iudex principle, their preferred method of criminal justice conduces to crime victims’ being good judges in their own case. (shrink)

The aim of this chapter is to show how Francophone PS, or what is called French (historical) epistemology, embodies this interconnectedness. Moreover, a novel approach to what constitutes French epistemology will be developed here, going beyond a purely historical survey or a reevaluation of a range of concepts found in this tradition.7 The aim is instead to highlight two methodological principles at work in French epistemology that are often in tension with one another, but are not recognized as such in (...) the literature. (shrink)

Contrary to popular philosophical belief, judgment can indeed be an intentional action. That's because an intentional judgment, even one with content p, need not be intentional as a judgment that p. It can instead be intentional just as a judgment wh- for some specific wh- question—e.g. a judgment of which x is F or a judgment whether p. This paper explains how this is possible by laying out a means by which you can perform such an intentional action. This model (...) of intentional judgment does not stand in tension with the fact that judgment is causally regulated for truth, and that it is correct only if it is true. On the contrary, the structure of intentional action explains how an intentional judgment has these features. An extended example is developed, and sufficient conditions on intentional judgment are laid out. (shrink)

Korea maintained a dual system of legal education since it imported the American style of legal education under the influence of Japan. The public had conceived it a kind of nerd or dude that had to be engrafted with the national needs as any solution in the face of globalization challenge. This led to a monopoly of legal education in Korea that disturbed the interest holders, those whom are lawyers, law professors, law schools and department of laws and the interested (...) public, into discontention and aggrievance. While law schools in Korea now emphasize a unitary approach for the whole group of lawyers through bar association and law schools, the professors of law department, the other form of grass-root legal education in this soil, perceived that it should include a wide of public interest amenable to its respective concerns. Under this backdrop, the paper explored the French model of judge selection and discussed the inadequacy of current American style to select the judge from the pool of career attorneys. The author also suggests a change of paradigm niggardly upon public inculcation and consensus that best suits the distinct Korean tradition and policy environment of national judicial system. (shrink)

How should we respond to historical figures who played an important role in their country’s history but have also perpetrated acts of great evil? Much of the existing philosophical literature on this topic has focused on explaining why it may be wrong to celebrate such figures. However, a common response that is made in popular discussions around these issues is that we should not judge historical figures by today’s standards. Our goal in this paper is to examine the most plausible (...) way to understand this objection. We will examine three different interpretations of this argument. First, we will examine a view we call Temporal Moral Relativism, according to which moral standards are relative to particular points in time. Next, we outline Blame Relativism, the view that people from the past may be excused from blame for acts of conventionalized wrongdoing. Finally, we outline Ideals Relativism, according to which our moral ideals are partially relative to the time in which we live. We argue that Ideals Relativism provides the most plausible interpretation of this argument. (shrink)

A coherent practice of mens rea (‘guilty mind’) ascription in criminal law presupposes a concept of mens rea which is insensitive to the moral valence of an action’s outcome. For instance, an assessment of whether an agent harmed another person intentionally should be unaffected by the severity of harm done. Ascriptions of intentionality made by laypeople, however, are subject to a strong outcome bias. As demonstrated by the Knobe effect, a knowingly incurred negative side effect is standardly judged intentional, whereas (...) a positive side effect is not. We report the first empirical investigation into intentionality ascriptions made by professional judges, which finds (i) that professionals are sensitive to the moral valence of outcome type, and (ii) that the worse the outcome, the higher the propensity to ascribe intentionality. The data shows the intentionality ascriptions of professional judges to be inconsistent with the concept of mens rea supposedly at the foundation of criminal law. (shrink)

Journal of Political Philosophy, EarlyView.

In Ockham's Razors: A User's Guide, Elliott Sober argues that parsimony considerations are epistemically relevant on the grounds that certain methods of model selection, such as the Akaike Information Criterion, exhibit good asymptotic behaviour and take the number of adjustable parameters in a model into account. I raise some worries about this form of argument.

Judges is about loss: a loss of the individual which leads to a loss of the tribe, and, if circumstances remain unchecked, a loss of the nation.

The use of AI algorithms in criminal trials has been the subject of very lively ethical and legal debates recently. While there are concerns over the lack of accuracy and the harmful biases that certain algorithms display, new algorithms seem more promising and might lead to more accurate legal decisions. Algorithms seem especially relevant for bail decisions, because such decisions involve statistical data to which human reasoners struggle to give adequate weight. While getting the right legal outcome is a strong (...) desideratum of criminal trials, advocates of the relational theory of procedural justice give us good reason to think that fairness and perceived fairness of legal procedures have a value that is independent from the outcome. According to this literature, one key aspect of fairness is trustworthiness. In this paper, I argue that using certain algorithms to assist bail decisions could increase three diferent aspects of judges’ trustworthiness: (1) actual trustworthiness, (2) rich trustworthiness, and (3) perceived trustworthiness. (shrink)

While it is generally believed that justification is a fallible guide to the truth, there might be interesting exceptions to this general rule. In recent work on bridge-principles, an increasing number of authors have argued that truths about what a subject ought to do are truths we stand in some privileged epistemic relation to and that our justified normative beliefs are beliefs that will not lead us astray. If these bridge-principles hold, it suggests that justification might play an interesting role (...) in our normative theories. In turn, this might help us understand the value of justification, a value that's notoriously difficult to understand if we think of justification as but a fallible means to a desired end. We will argue that these bridge-principles will be incredibly difficult to defend. While we do not think that normative facts necessarily stand in any interesting relationship to our justified beliefs about them, there might well be a way of defending the idea that our justified beliefs about what to do won't lead us astray. In turn, this might help us understand the value of justification, but this way of thinking about justification and its value comes with costs few would be willing to pay. (shrink)

DNA evidence is one of the most significant modern advances in the search for truth since the cross examination, but its format as a random-match-probability makes it difficult for people to assign an appropriate probative value (Koehler, 2001). While Frequentist theories propose that the presentation of the match as a frequency rather than a probability facilitates more accurate assessment (e.g., Slovic et al., 2000), Exemplar-Cueing Theory predicts that the subjective weight assigned may be affected by the frequency or probability format, (...) and how easily examples of the event, i.e., ‘exemplars’, are generated from linguistic cues that frame the match in light of further evidence (Koehler & Macchi, 2004). This paper presents two juror research studies to examine the difficulties that jurors have in assigning appropriate probative value to DNA evidence when contradictory evidence is presented. Study 1 showed that refuting evidence significantly reduced guilt judgments when exemplars were linguistically cued, even when the probability match and the refuting evidence had the same objective probative value. Moreover, qualitative reason for judgment responses revealed that interpreting refuting evidence was found to be complex and not necessarily reductive; refutation was found indicative of innocence or guilt depending on whether exemplars have been cued or not. Study 2 showed that the introduction of judges’ directions to linguistically cue exemplars, did not increase the impact of refuting evidence beyond its objective probative value, but less guilty verdicts were returned when jurors were instructed to consider all possible explanations of the evidence. The results are discussed in light of contradictory frequentist and exemplar-cueing theoretical positions, and their real-world consequences. (shrink)

In 2009, a law was passed in the Danish parliament, according to which judges cannot wear religious symbols in courts of law. First, I trace the development of this legislation from resistance to Muslim religious practices on the nationalist right to ideas in mainstream Danish politics about secularism and state neutrality – a process I refer to as ‘liberalization’. Second, I consider the plausibility of such liberal justifications for restrictions on religious symbols in the public sphere and, in particular, (...) for the ban on the wearing of religious symbols by judges. I argue that such justifications are flawed and so are not plausible corollaries of anti-Islamic justifications originating on the nationalist right. (shrink)

With his contribution on "The Natural Law in the American Tradition," Judge Diarmuid O'Scannlain has begun the indispensable task of laying the groundwork for sound jurisprudential reasoning in the natural law tradition. It is on the basis of this groundwork that we can begin to appreciate what natural law reasoning might mean, and what it does not mean, for contemporary American legal thinking. More specifically, it is on the basis of this groundwork that one can begin to articulate what might (...) be called a "third way" of jurisprudential reasoning. This "third way" would steer clear of two opposed and equally problematic jurisprudential views; that is, it would steer clear of what we might call "standard legal positivism" (on the one hand), and (on the other hand) what Judge O'Scannlain calls the "aggressive" natural law jurisprudence of some contemporary theorists. (shrink)

Ormerod and Chronicle reported that optimal solutions to traveling salesperson problems were judged to be aesthetically more pleasing than poorer solutions and that solutions with more convex hull nodes were rated as better figures. To test these conclusions, solution regularity and the number of potential intersections were held constant, whereas solution optimality, the number of internal nodes, and the number of nearest neighbors in each solution were varied factorially. The results did not support the view that the convex hull is (...) an important determinant of figural attractiveness. Also, in contrast to the findings of Ormerod and Chronicle, there were consistent individual differences. Participants appeared to be divided as to whether the most attractive figure enclosed a given area within a perimeter of minimum or maximum length. It is concluded that future research in this area cannot afford to focus exclusively on group performance measures. (shrink)

An Evaluation of the 2008 Loebner Contest.

An evaluation of the 2008 Loebner contest.

In this article, I introduce and examine the novel concept of bench representation. Jurists and scholars have extensively examined whether judges are or ought to be considered symbolic representatives of abstract concepts (for instance, the law, equality, or justice), representatives of society as a whole, or descriptive representatives of the social groups from which they hail. However, little attention has been paid to the question whether judges act as representatives for the parties before them through their everyday work (...) on the bench. This article examines that question. Bench representation occurs when a judge, through statements or actions undertaken during the performance of official duties, speaks or acts for a party to the proceeding before them. I argue that serving as a bench representative is a common and valuable feature of what it is to be a judge and, despite appearances, usually undermines neither impartiality nor fairness. (shrink)

An effective method to increase the number of potential cadaveric organ donors is to make people donors by default with the option to opt out. This non-coercive public policy tool to influence people’s choices is often justified on the basis of the as-judged-by-themselves principle: people are nudged into choosing what they themselves truly want. We review three often hypothesized reasons for why defaults work and argue that the as-judged-by-themselves principle may hold only in two of these cases. We specify further (...) conditions for when the principle can hold in these cases and show that whether those conditions are met is often unclear. We recommend ways to expand nationwide surveys to identify the actual reasons for why defaults work and discuss mandated choice policy as a viable solution to many arising conundrums. (shrink)

This is a case that should go to the European Court of Human Rights. A decent, senior qualified family doctor was accused by his mentally ill daughter of sex abuse. Without real evidence except for what the girl told another mentally ill patient at a psychiatric hospital she stayed at for several years, and wit just two witnesses, one a younger child wo saw none of the accused offences, and the other parent, struck off the General Medical Council Register for (...) drunk driving more than once, the case was fitted up by those who are rampantly seeking to raise statistical numbers for child sex abuse offences by high level persons- a bizarre situation and a travesty against tis family doctor's human rights, because a judge can use his 'discretion' to send a much needed family doctor to 18 years in jail. The International Community should scrutinize the United Kingdom's Criminal Justice System. (shrink)

Abstract: -/- In this paper we discuss how through our bi-weekly Socratic dialogue groups with inmates at the Metropolitan Correctional Center downtown San Diego, we were able to bring the inmates to a sense of aporia or puzzlement. Not only did the dialogues help to uncover assumptions, uncovering the dots, so to speak, but also to help reconnect the dots and see their world from a different perspective. It allowed them to question their lives in a safe and non-judgmental environment. (...) They felt empowered by these dialogues to become their own life’s judges, freeing themselves from feeling oppressed by the judgments of others. (shrink)

Malem Seña in “¿Puede las malas personas ser buenos jueces?” analyzed the judicial morality. At first time from a historical analysis, the judges were not required to base their judgments, because they were the mirror of legitimacy and morality of their decisions. With the advent of rationalism and modern State, the sentences should be the foundation. The situation that put the judge person in the background. In this situation, the answer to the question posed in the job would be: (...) "Yes, bad people can be good judges", answer hardly accepted by all. Malem Seña, far from giving a definite answer, ends his work with the insinuation that judges should maintain an image of morality, rather than being morally unimpeachable agents. This situation raises questions about different dimensions of analysis that have been shelved, and in particular try to analyze why this importance takes the image of morality. To do this, from the perspective of the concepts of Slavoj Žižek‘s ideology and fantasy, it will attempt to reach some responses or generate argumentative lines about the importance of the image of morality on morality itself. (shrink)

History witnesses alternative approaches to “the proposition”. The proposition has been referred to as the object of belief, disbelief, and doubt: generally as the object of propositional attitudes, that which can be said to be believed, disbelieved, understood, etc. It has also been taken to be the object of grasping, judging, assuming, affirming, denying, and inquiring: generally as the object of propositional actions, that which can be said to be grasped, judged true or false, assumed for reasoning purposes, etc. The (...) proposition has also been taken to be the subject of truth and falsity: generally as the subject of propositional properties, that which can be said to be true, false, tautological, informative, inconsistent,etc. It has also been taken as the subject and object of logical relations, e.g. that which can be said to imply, be implied, contradict, be contradicted, etc. Prima facie, such properties and relations are non-mental and objective. It has also been taken to be the resultants or products of propositional operations, usually mental or linguistic; e.g. judging, affirming, and denying have been held to produce propositions called judgments, affirmations, and negations, respectively. Propositions have also been taken to be certain declarative sentences. Finally,propositions have been taken to be meanings of certain declarative sentences. This essay is an informal, selective, and incomplete survey of alternative approaches to “the proposition” with special attention to the views of the late American philosopher Peter Hare (1935–2008)and of those who influenced him. DOI: 10.5007/1808-1711.2011v15n1p51. (shrink)

Judging by our folk appraisals, then, knowledge and action are intimately related. The theories of rational action with which we are familiar leave this unexplained. Moreover, discussions of knowledge are frequently silent about this connection. This is a shame, since if there is such a connection it would seem to constitute one of the most fundamental roles for knowledge. Our purpose in this paper is to rectify this lacuna, by exploring ways in which knowing something is related to rationally acting (...) upon it, defending one particular proposal against anticipated objections. (shrink)

Can judging that an agent blamelessly broke a rule lead us to claim, paradoxically, that no rule was broken at all? Surprisingly, it can. Across seven experiments, we document and explain the phenomenon of excuse validation. We found when an agent blamelessly breaks a rule, it significantly distorts people’s description of the agent’s conduct. Roughly half of people deny that a rule was broken. The results suggest that people engage in excuse validation in order to avoid indirectly blaming others for (...) blameless transgressions. Excuse validation has implications for recent debates in normative ethics, epistemology and the philosophy of language. These debates have featured thought experiments perfectly designed to trigger excuse validation, inhibiting progress in these areas. (shrink)

Judging the warrant of conspiracy theories can be difficult, and often we rely upon what the experts tell us when it comes to assessing whether particular conspiracy theories ought to be believed. However, whereas there are recognised experts in the sciences, I argue that only are is no such associated expertise when it comes to the things we call `conspiracy theories,' but that the conspiracy theorist has good reason to be suspicious of the role of expert endorsements when it comes (...) to conspiracy theories and their rivals. The kind of expertise, then, we might associate with conspiracy theories is largely improvised—in that it lacks institutional features—and, I argue, ideally the product of a community of inquiry. (shrink)

With the establishment of the World Trade Organization in 1995, the dispute settlement mechanism for international trade was greatly prepared unlike the old GATT system. It has a very different pattern from that of original GATT system. In our case, international trade is a matter of the future of nations, and in reality of the intense world economic competition, this system change may well be of concern to our government or legal experts. In this context, this paper examines the nature (...) and problems of the WTO appeal system under the premise of the rule of law, judicial prowess, and the role of a judge. The WTO dispute settlement mechanism is based on the domestic judicial system or other international judicial systems. In contrast to this, the comparative history is only short indeed, but according to the accumulation of future precedents, it is highly possible to provide a model for the achievement of the rule of law ideals in the international community. However, due to the inherent limitations of international agreement system, the reality of appellate body is not easy. In terms of the international trade and rule of law, the role of appellate body and judges is very broad. However, in this paper, we first look at the significance and nature of the launch of WTO and furthermore; 1) the rule of law and judicial system, 2) several issues related to the nature of WTO dispute settlement mechanism, 3) the importance of judge-made law and the scope and limitations of appellate jurisdiction, 4) issues of reference materials submitted by procedures outside the process, 5) the relationship between the appellate body and political authorities. Over the review, the penetrating thoughts will be focused on judicial activism. Those points of consideration will be discussed through the approach and method on the comparative legal studies and several significant WTO precedents. (shrink)