The standard of proof in criminal trials in many liberal democracies is proof beyond a reasonable doubt, the BARD standard. It is customary to describe it, when putting a number on it, as requiring that the fact finder be at least 90% certain, after considering the evidence, that the defendant is guilty. Strikingly, no good reason has yet been offered in defense of using that standard. A number of non-consequentialist justifications that aim to (...) support an even higher standard have been offered; all are morally unsound. Meanwhile, consequentialist arguments plausibly support a substantially lower standard — in some cases so low as to undermine the idea that punishment is what is at stake. In this paper, I offer a new retributive justification that supports excluding the instrumental benefits of punishment from the balance that sets the standard. The resulting balance supports a standard arguably in the ballpark of the customary understanding of BARD: a standard requiring that the fact finder have a high, though not maximally high, degree of confidence that the defendant is guilty. (shrink)

According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that (...) a person knows a proposition when their evidence rules out all relevant error possibilities. I adapt this framework to model three legal standards of proof—the preponderance of evidence, clear and convincing evidence, and beyond reasonable doubt standards. I describe virtues of this framework. I argue that, by eschewing numerical thresholds, the relevant alternatives framework avoids problems inherent to rival models. I conclude by articulating aspects of legal normativity and practice illuminated by the relevant alternatives framework. (shrink)

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a (...) radically flexible standard of proof, instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a (...) radically flexible standard of proof, instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- (...) A family of influential cases suggests standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

An introduction to philosophical research on the standards of legal proof.

Sentencing outcomes turn on moral and evaluative determinations. For example, a finding of “irreparable corruption” is generally a precondition for juvenile life without parole. A finding that the “aggravating factors outweigh the mitigating factors” determines whether a defendant receives the death penalty. Should such moral determinations that expose defendants to extraordinary penalties be subject to a standard of proof? A broad range of federal and state courts have purported to decide this issue “in the abstract and without reference (...) to our sentencing case law,” as the Supreme Court recently put it. Kansas v. Carr, 577 U.S. 108, 119 (2016). According to these courts, “it would mean nothing” to ask whether the defendant “deserves mercy beyond a reasonable doubt” or “more-likely-than-not deserves it” because moral questions are not “factual.” Instead, moral determinations are highly subjective “value calls” to which concepts of doubt and certainty do not intelligibly apply. -/- Implicit in these rulings is a controversial view of the nature of moral judgment. This Article traces the contours of the view and argues that it is out of step with the way the broader public thinks about morality and fails to address the issues defendants have raised. Courts should avoid wading into such controversial waters for two reasons. First, the judiciary has historically maintained neutrality on issues of significant public concern. Second, even if moral determinations are not factual, applying a standard of proof to at least some moral decisions at sentencing would change the outcome of the sentencer’s deliberations, and improve the legitimacy of the legal system. For the reasonableness of doubt depends on context; and moral questions—"are you certain the defendant deserves death?”—make salient the stakes relative to which a person should decide what to believe about ordinary empirical matters. On the resulting view, reasonable doubt in the final moral analysis is not just intelligible, but essential for correcting a bias in the structure of the bifurcated criminal trial that systematically disadvantages defendants: the tendency for de-contextualized "factual findings” in the guilt phase to control outcomes at sentencing. (shrink)

In this paper I respond to Marcello Di Bello’s criticisms of the ‘normic account’ of the criminal standard of proof. In so doing, I further elaborate on what the normic account predicts about certain significant legal categories of evidence, including DNA and fingerprint evidence and eyewitness identifications.

I discuss two types of evidential problems with the most widely touted experiments in evolutionary psychology, those performed by Leda Cosmides and interpreted by Cosmides and John Tooby. First, and despite Cosmides and Tooby's claims to the contrary, these experiments don't fulfil the standards of evidence of evolutionary biology. Second Cosmides and Tooby claim to have performed a crucial experiment, and to have eliminated rival approaches. Though they claim that their results are consistent with their theory but contradictory to the (...) leading non-evolutionary alternative, Pragmatic Reasoning Schemas theory, I argue that this claim is unsupported. In addition, some of Cosmides and Tooby's interpretations arise from misguided and simplistic understandings of evolutionary biology. While I endorse the incorporation of evolutionary approaches into psychology, I reject the claims of Cosmides and Tooby that a modular approach is the only one supported by evolutionary biology. Lewontin's critical examinations of the applications of adaptationist thinking provide a background of evidentiary standards against which to view the currently fashionable claims of evolutionary psychology. (shrink)

Over almost a half-century, evidence law scholars and philosophers have contended with what have come to be called the “Proof Paradoxes.” In brief, the following sort of paradox arises: Factfinders in criminal and civil trials are charged with reaching a verdict if the evidence presented meets a particular standard of proof—beyond a reasonable doubt, in criminal cases, and preponderance of the evidence, in civil trials. It seems that purely statistical evidence can suffice for just such (...) a level of certainty in a variety of cases where our intuition is that it would nonetheless be wrong to convict the defendant, or find in favor of the plaintiff, on merely statistical evidence. So, we either have to convict with statistical evidence, in spite of an intuition that this is unsettling, or else explain what (dispositive) deficiency statistical evidence has. -/- Most scholars have tried to justify the resistance to relying on merely statistical evidence: by relying on epistemic deficiencies in this kind of evidence; by relying on court practice; and also by reference to the psychological literature. In fact, I argue, the epistemic deficiencies philosophers and legal scholars allege are suspect. And, I argue, while scholars often discuss unfairness to civil defendants, they ignore a long history of relying on statistical evidence in a variety of civil matters, including employment discrimination, toxic torts, and market share liability cases. Were the dominant arguments in the literature to prevail, it would extremely difficult for plaintiffs to recover in a variety of cases. -/- The various considerations I advance lead to the conclusion that when it comes to naked statistical evidence, philosophers and legal scholars who argue for its insufficiency have been caught with their pants down. (shrink)

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

Retributivists are often thought to give 'deontological' theories of punishment, arguing that we should punish not for the beneficial consequences of doing so such as deterrence or incapacitation, but purely because justice demands it. Kant is often regarded as the paradigmatic retributivist. In some passages Kant does appear to give a deontological theory of punishment. For example, Kant insists that on an island where all the people were to leave the next day, forever dissolving and dispersing the community, the last (...) murderer in jail would have to have his execution carried out before the diaspora--justice demands it. In other passages, however, Kant defends punishment by appealing to its beneficial consequences. For example, after supposing that one man on a life raft pushes the other off to save his own life, Kant says that the former man should not be legally punished "because that punishment would have to be death, and it would be an absurd law that threatened death to one who refuses to die voluntarily in a dangerous situation." In this passage Kant's reasoning is that state laws, by threatening us with sanctions, are intended to prevent us from violating rights--the point of these laws is to deter. A law that imposes a punishment that could not deter is an absurd law. I argue that while Kant rejects consequentialism in thinking about moral actions, he distinguishes law and morality, and in the sphere of law, an action we take is to be justified by appealing to the good it yields. The point of legal punishment is to deter violations of rights and protect us from a state of nature in which no one's freedom is assured. Kant's theory of legal (as opposed to moral) punishment is not deontological. Nevertheless we can characterize his consequentialist theory of legal punishment as retributive in some sense. The paper then considers how the passages about punishment in which Kant invokes consequentialist thinking can be reconciled with other passages where he insists on punishment regardless of the consequences. (shrink)

Discusses the idea that legal proof should use variable standards rather than a single fixed threshold.

Deontologists have been slow to address decision-making under risk and uncertainty, no doubt because the standard approaches to non-moral decision theory appear superficially similar to consequentialist moral reasoning. I identify some central tenets of simple decision theory and show that they should not put deontologists off, before showing where we should go next to develop a comprehensive deontological decision theory.

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

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)

Retributive theories of punishment argue that punishing a criminal for a crime she committed is sufficient reason for a justified and morally permissible punishment. But what about when the state gets lucky in its decision to punish? I argue that retributive theories of punishment are subject to “Gettier” style cases from epistemology. Such cases demonstrate that the state needs more than to just get lucky, and as these retributive theories of punishment stand, there is no anti-luck condition. I’ll argue that (...) Gettier-style cases demonstrate an impermissible instance of punishment, even though they meet the conditions of retributive theories of punishment. Retributive theories are, therefore, too weak. The safety condition from epistemology provides the anti-luck condition needed for permissible punishment. I argue that two forms of retributivism, rights-forfeiture and what I call standard retributivism, are both subject to Gettier-style cases. Unlike the literature on standards of proof, this paper argues that safety is a condition on punishment itself, i.e., in all nearby possible worlds, the accuser must correctly accuse the convicted for the crime they actually committed. (shrink)

It could be argued that tort law is failing, and arguably an example of this failure is the recent public liability and insurance (‘PL&I’) crisis. A number of solutions have been proposed, but ultimately the chosen solution should address whatever we take to be the cause of this failure. On one account, the PL&I crisis is a result of an unwarranted expansion of the scope of tort law. Proponents of this position sometimes argue that the duty of care owed by (...) defendants to plaintiffs has expanded beyond reasonable levels, such that parties who were not really responsible for another’s misfortune are successfully sued, while those who really were to blame get away without taking any responsibility. However people should take responsibility for their actions, and the only likely consequence of allowing them to shirk it is that they and others will be less likely to exercise due care in the future, since the deterrents of liability and of no compensation for accidentally self-imposed losses will not be there. Others also argue that this expansion is not warranted because it is inappropriately fueled by ‘deep pocket’ considerations rather than by considerations of fault. They argue that the presence of liability insurance sways the judiciary to award damages against defendants since they know that insurers, and not the defendant personally, will pay for it in the end anyway. But although it may seem that no real person has to bear these burdens when they are imposed onto insurers, in reality all of society bears them collectively when insurers are forced to hike their premiums to cover these increasing damages payments. In any case, it seems unfair to force insurers to cover these costs simply because they can afford to do so. If such an expansion is indeed the cause of the PL&I crisis, then a contraction of the scope of tort liability, and a pious return to the fault principle, might remedy the situation. However it could also be argued that inadequate deterrence is the cause of this crisis. On this account the problem would lie not with the tort system’s continued unwarranted expansion, but in the fact that defendants really have been too careless. If prospective injurers were appropriately deterred from engaging in unnecessarily risky activities, then fewer accidents would ever occur in the first place, and this would reduce the need for litigation at its very source. If we take this to be the cause of tort law’s failure then our solution should aim to improve deterrence. Glen Robinson has argued that improved deterrence could be achieved if plaintiffs were allowed to sue defendants for wrongful exposure to ongoing risks of future harm, even in the absence of currently materialized losses. He argues that at least in toxic injury type cases the tortious creation of risk [should be seen as] an appropriate basis of liability, with damages being assessed according to the value of the risk, as an alternative to forcing risk victims to abide the outcome of the event and seek damages only if and when harm materializes. In a sense, Robinson wishes to treat newly-acquired wrongful risks as de-facto wrongful losses, and these are what would be compensated in liability for risk creation (‘LFRC’) cases. Robinson argues that if the extent of damages were fixed to the extent of risk exposure, all detected unreasonable risk creators would be forced to bear the costs of their activities, rather than only those who could be found responsible for another’s injuries ‘on the balance of probabilities’. The incidence of accidents should decrease as a result of improved deterrence, reduce the ‘suing fest’, and so resolve the PL&I crisis. So whilst the first solution involves contracting the scope of tort liability, Robinson’s solution involves an expansion of its scope. However Robinson acknowledges that LFRC seems prima facie incompatible with current tort principles which in the least require the presence of plaintiff losses, defendant fault, and causation to be established before making defendants liable for plaintiffs’ compensation. Since losses would be absent in LFRC cases by definition, the first evidentiary requirement would always be frustrated, and in its absence proof of defendant fault and causation would also seem scant. If such an expansion of tort liability were not supported by current tort principles then it would be no better than proposals to switch accident law across to no-fault, since both solutions would require comprehensive legal reform. However Robinson argues that the above three evidentiary requirements could be met in LFRC cases to the same extent that they are met in other currently accepted cases, and hence that his solution would therefore be preferable to no-fault solutions as it would only require incremental but not comprehensive legal reform. Although I believe that actual losses should be present before allowing plaintiffs to seek compensation, I will not present a positive argument for this conclusion. My aim in this paper is not to debate the relative merits of Robinson’s solution as compared to no-fault solutions, nor to determine which account of the cause of the PL&I crisis is closer to the truth, but rather to find out whether Robinson’s solution would indeed require less radical legal reform than, for example, proposed no-fault solutions. I will argue that Robinson fails to show that current tort principles would support his proposed solution, and hence that his solution is at best on an even footing with no-fault solutions since both would require comprehensive legal reform. (shrink)

Beyond reasonable doubt, the influence of Western culture and civilizations has enervated traditional African family systems, and their functions as providers of social welfare. Hitherto, traditional African family and clan by extension served as the plausible medium by which Africans proffered solutions to those social, economic and other existential problems found within their communities. However, measuring and evaluating the successes of the various social welfare programs organized by the family and clan was a difficult task to achieve. It (...) seems the services rendered merely controlled the social problems but did not improve the standard of living of the victims. This paper seeks to critically analyse the traditional African family system and its role as a provider of social welfare and argues that it can complement the Western models towards holistic social integration. Thus this work adopts the theory of change as a tool for understanding how Western models of social welfare should be integrated with traditional African approaches to care for the ‘weak’ in the society. Advocating for a paradigm shift from the modern models of providing social welfare to the traditional African family and clan model is consequent upon the claim that the latter is more embracing in approach. (shrink)

The aesthetic skeptic maintains that it is futile to dispute about taste. One and the same work of art might appear beautiful to one person but repellent to another, and we have no reason to prefer one or another of these conflicting verdicts. Hume argues that the skeptic, however, moves too quickly. The crucial question is whether qualified critics will agree on their evaluations. And the skeptic fails to provide sufficient evidence that their verdicts will diverge. We have reason to (...) expect that a consensus will emerge over time, moreover, since aesthetic values are grounded on universal principles of human nature. Skeptics might doubt that there is a natural basis for a standard of taste, but this proposal is supported by recent work in experimental aesthetics and cognitive science. (shrink)

Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he didn’t? (...) -/- This Article will argue for three points. First, what fuels this kind of outrage is vengeance: the desire to see defendants like George Zimmerman be forced to “pay” for the harms that they needlessly and culpably inflict on others. While this point may seem obvious, it isn’t. Most people repudiate revenge and therefore the notion that it plays any role in the criminal justice system. -/- Second, this attitude toward revenge is misguided and needs to change. We need to recognize that vengeance not only does but should play a significant role in motivating criminal punishment. Our vengeful reactions to harmful crimes are not ugly or shameful; on the contrary, they manifest a deep valuation of victims and a bitter denunciation of individuals who actively renounce this valuation through their criminal behavior. -/- Third, these two points have significant implications for the two main theories of criminal punishment: “retributivism,” which says that criminals should be punished in order to give them their “just deserts,” and “consequentialism,” which says that criminals should be punished in order to bring about such good consequences as deterrence, incapacitation, and rehabilitation. Traditionally, these two theories have been at war with one another. But I will show how recognizing revenge as a motivation and justification for punishment can help to end this war and bring these two theories together. (shrink)

I challenge the common picture of the “Standard Story” of Action as a neutral account of action within which debates in normative ethics can take place. I unpack three commitments that are implicit in the Standard Story, and demonstrate that these commitments together entail a teleological conception of reasons, upon which all reasons to act are reasons to bring about states of affairs. Such a conception of reasons, in turn, supports a consequentialist framework for the evaluation of action, (...) upon which the normative status of actions is properly determined through appeal to rankings of states of affairs as better and worse. This covert support for consequentialism from the theory of action, I argue, has had a distorting effect on debates in normative ethics. I then present challenges to each of these three commitments, a challenge to the first commitment by T.M. Scanlon, a challenge to the second by recent interpreters of Anscombe, and a new challenge to the third commitment that requires only minimal and prima facie plausible modifications to the Standard Story. The success of any one of the challenges, I demonstrate, is sufficient to block support from the theory of action for the teleological conception of reasons and the consequentialist evaluative framework. I close by demonstrating the pivotal role that such arguments grounded in the theory of action play in the current debate between evaluator-relative consequentialists and their critics. (shrink)

I argue that partialist critics of deontological theories make a mistake similar to one made by critics of utilitarianism: they fail to distinguish between a theory’s decision procedure and its standard of rightness. That is, they take these deontological theories to be offering a method for moral deliberation when they are in fact offering justificatory arguments for moral principles. And while deontologists, like utilitarians do incorporate impartiality into their justifications for basic principles, many do not require that agents utilize (...) impartial methods of moral deliberation. It follows that insofar as partialists reject impartiality in deliberation, their criticisms may miss their mark. If however, partialists are opposed to justifications for basic principles that rely upon impartiality, they are committed, I argue, to drastic revisions in moral theory that have worrisome implications. (shrink)

In this article, I address the issue of whether we have an obligation to remember past immoral actions. My central question is: do we have an obligation to remember past moral transgressions? I address this central question through three more specific questions. In the first section, I enquiry whether we have an obligation to remember our own past transgressions. In the second section, I ask whether we have an obligation to remember the wrongful actions that others have committed against ourselves. (...) In the last section, I investigate whether we have a duty to remember the suffering of victims of crimes that have a political aspect, crimes such as state violence, oppression and racial discrimination, for example. Here I use the term ‘obligation’ in a board sense to refer to actions that are recommended from the moral point of view, that is, when we have moral reasons to act in a certain way. Here I decided to explore these issues from a Kantian perspective. At first glance, Kant does not seem to have much to offer to an ethics of memory since he does not ask these questions directly. Nevertheless, I was interested to explore to what extent Kant’s ethics, and Kantian ethics more generally, can give us tools to answer these questions. What I have discovered is that, despite my initial doubts, the Kantian framework can provide us with materials to build arguments that can help us to answer these questions. In fact, I will argue that in Kant’s ethics, we have an obligation to remember past immoral actions. With regard to our own transgressions, I argue that we ought to remember our past transgressions because this is an aspect of our moral development. With regard to others’ transgressions, I argue that we have a duty of self-respect to demand that others respect us (in the Kantian sense, that is, that others treat us in a morally correct way) and that this involves remembering others’ transgressions, particularly when there is no evidence of their repentance or if they have not apologized. However, if we have (fallible) reasons to think that the wrongdoer has repented, then there is certainly no need to continue to remind them of their offenses. Thus, in the first two sections, my arguments are based on a certain interpretation of Kant’s ethical texts. However, when I address the political dimension of the ethics of memory I have based my arguments on the work of contemporary authors, especially Jeffrey Blustein. In the last section then, the perspective is more ‘Kantian’ than Kant’s. I argue that we have a duty to remember the victims of social and political injustice (social and political violence, oppression, discrimination, atrocity and crimes against humanity). Defenders of the importance of political memory usually appeal to consequentialist arguments. However, these arguments have limits. A Kantian perspective (deontological) is relevant here because it allows us to provide new arguments in support of the importance of political memory and thus ultimately to provide a stronger defense of duties of memory. -/- The issues that arise in relation to an ethics of memory will no doubt require that we study other sources in addition to the materials and arguments provided from a Kantian perspective. Nevertheless, I conclude that perhaps a bit surprisingly, the Kantian tradition has more to offer than it initially seemed, and it can certainly provide part of the theoretical framework to develop an ethics of memory. (shrink)

In this essay I analyze a passage from Ludwig Wittgenstein’s On Certainty. This excerpt contains the expression “O, rubbish!” (Ach Unsinn), which I consider to be closely related to the notions of “bullshit” developed by Harry Frankfurt and Gerald A. Cohen. The relevance of this essay is illustrated with lively examples, both related to contemporary society and identified by Wittgenstein about 70 years ago. The paper is organized in six sections containing 1) an introduction to the topic, 2) an explanation (...) of “bullshit” as found in the works of Frankfurt and Cohen, 3) an explanation of Wittgenstein’s work on certainty and propositions beyond doubt, 4) an identification of reasonable and unreasonable doubt and their connection to “bullshit”, 5) an explanation of the different kinds of “bullshit” with the intention of mapping them in relation to each other, and 6) a summarizing conclusion. The main purpose of this paper is to expound on Wittgenstein’s views on “bullshit” and relate them to contemporary philosophy of nonsense. (shrink)

Recent research has relied on trolley-type sacrificial moral dilemmas to study utilitarian versus nonutili- tarian modes of moral decision-making. This research has generated important insights into people’s attitudes toward instrumental harm—that is, the sacrifice of an individual to save a greater number. But this approach also has serious limitations. Most notably, it ignores the positive, altruistic core of utilitarianism, which is characterized by impartial concern for the well-being of everyone, whether near or far. Here, we develop, refine, and validate a (...) new scale—the Oxford Utilitarianism Scale—to dissociate individual differences in the ‘negative’ (permissive attitude toward instrumental harm) and ‘positive’ (impartial concern for the greater good) dimensions of utilitarian thinking as manifested in the general population. We show that these are two independent dimensions of proto-utilitarian tendencies in the lay population, each exhibiting a distinct psychological profile. Empathic concern, identification with the whole of humanity, and concern for future generations were positively associated with impartial beneficence but negatively associated with instrumental harm; and although instrumental harm was associated with subclinical psychopathy, impartial beneficence was associated with higher religiosity. Importantly, although these two dimensions were independent in the lay population, they were closely associated in a sample of moral philosophers. Acknowledging this dissociation between the instrumental harm and impartial beneficence components of utilitarian thinking in ordinary people can clarify existing debates about the nature of moral psychology and its relation to moral philosophy as well as generate fruitful avenues for further research. (shrink)

In his article “Beyond Point-and-Shoot Morality,” Joshua Greene argues that the empirical findings of cognitive neuroscience have implications for ethics. Specifically, he contends that we ought to trust our manual, conscious reasoning system more than our automatic, emotional system when confronting unfamiliar problems; and because cognitive neuroscience has shown that consequentialist judgments are generated by the manual system and deontological judgments are generated by the automatic system, we ought to trust the former more than the latter when facing unfamiliar (...) moral problems. In the present article, I analyze one of the premises of Greene’s argument. In particular, I ask what exactly an unfamiliar problem is and whether moral problems can be classified as unfamiliar. After exploring several different possible interpretations of familiarity and unfamiliarity, I conclude that the concepts are too problematic to be philosophically compelling, and thus should be abandoned. (shrink)

Could it be right to convict and punish defendants using only statistical evidence? In this paper, I argue that it is not and explain why it would be wrong. This is difficult to do because there is a powerful argument for thinking that we should convict and punish defendants using statistical evidence. It looks as if the relevant cases are cases of decision under risk and it seems we know what we should do in such cases (i.e., maximize expected value). (...) Given some standard assumptions about the values at stake, the case for convicting and punishing using statistical evidence seems solid. In trying to show where this argument goes wrong, I shall argue (against Lockeans, reliabilists, and others) that beliefs supported only by statistical evidence are epistemically defective and (against Enoch, Fisher, and Spectre) that these epistemic considerations should matter to the law. To solve the puzzle about the role of statistical evidence in the law, we need to revise some commonly held assumptions about epistemic value and defend the relevance of epistemology to this practical question. (shrink)

Preface/Introduction: The question under discussion is metaphysical and truly elemental. It emerges in two aspects — how did we come to be conscious of our own existence, and, as a deeper corollary, do existence and awareness necessitate each other? I am bold enough to explore these questions and I invite you to come along; I make no claim to have discovered absolute answers. However, I do believe I have created here a compelling interpretation. You’ll have to judge for yourself. -/- (...) What follows is the presentation of three essays I have worked on over the past several years seeing publication for the first time. “Hollows of Experience” was written first as an invited chapter for a collection on the ontology of consciousness. However, when cuts became necessary, my chapter got the knife. Its length has prohibited it from publication in any print journal. “Myth and Mind” was written next as a journal article, but as my involvement with it grew so did its length, so it has also idled on my websty awaiting its call. “From Panexperientialism to Conscious Experience” was written most recently, but it is the only one to have been available to the public elsewhere than my own website. Under the name, “The Continuum of Experience”, it was Target Article #95 on the recently closed Karl Jaspers Forum (for discussion purposes only). -/- I have put them in a different sequence here, for reasons of logical sense. Up first, “Panexperientialism” deals with an idea difficult for many to accept, namely that conscious experience is a particular mode of symbolically reflected experience that is largely unique to our species. However, I aver that experienced sensation in itself (as found, for example, in autonomic sensory response systems) goes “all the way down” into nature, and thus the title, panexperientialism. -/- Understanding this idea is helpful to dealing with the focus on language in Part I of “Hollows”, next, since here speech and general symbolic interaction in general are found to be the catalysts for the creation of our consciously experienced world (our “lived reality”). In Part II, however, I explore how experienced sensations must be coeval with existence, and, with even greater temerity, how all this sensational existence might have arisen within some literally inconceivable background of awareness-in-itself that yet has a dynamism that occasionally breaks into existence as experiential events and entities. (The latter may sound wacky, but physicists and cosmologists are themselves attempting to come to terms with that which seethes with vast potential energy in what they refer to as the quantum vacuum.) -/- “Myth and Mind” was put third since it deals with a major lacuna in “Hollows” — that presumed prehistoric period when members of our species made the painful crossing of the symbolic threshold into the beginnings of cultural consciousness. Speech plays a central role here, too, but I look more at narrative structures from the dawn of self-awareness when ritual and myth became vital to human survival. Why would fantastic stories and bizarre rituals be necessary? I speculate that growing foresight led to the unavoidable realization of certain mortality, from which, in turn, emerged the secondary realization that we were now alive. In contrast to our yet-to-come death, we have life here and now, and by ritually identifying with a symbolically expanded mythic, i.e., sacred, reality, we may continue to live on after bodily death, just as our ancestors and loved ones must also do. Language and mythmaking are necessary to avoid mortal despair and they remain at the core of human consciousness. -/- As Ernst Cassirer (1944) has noted, language and myth are “twin creatures”, both metaphoric webs over a reality we can never wholly comprehend. We live in the symbolic and construct our works of imagination and wars of conquest to make life meaningful, to feel immortal, and to sense that we ourselves participate in a reality greater than ourselves. No doubt we do, but this does not mean our culturally constructed self-identities survive the death of our bodies, and it does not imply that our symbolic concepts can ever indicate the ultimate truth. We simply must symbolize an extended reality that was sacred to our ancestors: “Is it not our way, as illusory as it may be, to force continuance on our world and our life in the face of their inevitable ending? Are we not compelled to extend those imaginary horizons as far as we can despite the terror and the sometime joy their extension incites? Is their closure not a form of death?” (Crapanzano, p. 210) -/- Of course, this leaves me in the uncomfortable position of being forced to admit that this venture of mine must inevitably be another attempt at meaningful mythmaking. But what else could it be? This is certainly not a scientific proof though it is indeed an academically rigorous exploration. (Just try to count the citations!) I hope the reader will judge my thesis on the basis of its coherence, the sense of meaning it evokes, my intellectual responsibility, and, finally, the engagement it inspires. If you have read my expositions and found yourself immersed in the timeless questions I here call forth, I would call these writings successful (even if you violently disagree with my answers). -/- I am very grateful to Huping Hu for granting me this special issue of JCER in which to present my ideas in some detail. He has patiently dealt with my exuberant approach and allowed the many changes I kept coming up with right until the final publication date. I also wish to thank the many potential commentators who politely replied to my invitation, and, even more, I thank those who made time to write actual commentaries. -/- References -/- Cassirer, E. (1944). An Essay on Man: An Introduction to a Philosophy of Human Culture. New Haven/London: Yale UP. -/- Crapanzano, V. (2004). Imaginative Horizons: An Essay in Literary-Philosophical Anthropology. Chicago: U of Chicago Press. -/- Gregory M. Nixon University of Northern British Columbia Prince George, British Columbia, Canada Email: [email protected] Websty: http://members.shaw.ca/doknyx. (shrink)

Abstract Most discussions of risk are developed in broadly consequentialist terms, focusing on the outcomes of risks as such. This paper will provide an alternative account of risk from a virtue ethical perspective, shifting the focus to the decision to take the risk. Making ethical decisions about risk is, we will argue, not fundamentally about the actual chain of events that the decision sets in process, but about the reasonableness of the decision to take the risk in the first place. (...) A virtue ethical account of risk is needed because the notion of the ‘reasonableness’ of the decision to take the risk is affected by the complexity of the moral status of particular instances of risk-taking and the risk-taker’s responsiveness to these contextual features. The very idea of ‘reasonable risk’ welcomes judgments about the nature of the risk itself, raises questions about complicity, culpability and responsibility, while at its heart, involves a judgement about the justification of risk which unavoidably focuses our attention on the character of the individuals involved in risk making decisions. Keywords: Risk; ethics; morality; responsibility; virtue; choice; reasons . (shrink)

The emphasis on the limitations of objectivity, in specific guises and networks, has been a continuing theme of contemporary analytic philosophy for the past few decades. The popular sport of baiting feminist philosophers — into pointing to what's left out of objective knowledge, or into describing what methods, exactly, they would offer to replace the powerful objective methods grounding scientific knowledge — embodies a blatant double standard which has the effect of constantly putting feminist epistemologists on the defensive, on (...) the fringes, on the run.This strategy can only work if objectivity is transparent, simple, stable, and clear in its meaning. It most certainly is not. In fact, taking objectivity as a sort of beautiful primitive, self-evident in its value, and all-powerful in its revelatory power, requires careless philosophy, and the best workers in metaphysics, epistemology, and philosophy of science have made reworked definitions of objectivity absolutely central to their own projects. In fact, classic feminist concerns with exploring the impact of sex and gender on knowledge, understanding, and other relations between human beings and the rest of the world fall squarely within the sort of human and social settings thatare already considered central in most current analytic metaphysics, epistemology, and philosophy of science. I argue that the burden of proof is clearly on those who wish toreject the centrality and relevance of sex and gender to our most fundamental philosophical work on knowledge and reality. (shrink)

The aim of this study is to proof the argument – i.e. ‘there are significant linkages amongst tolerance, hybrid identities and migration.’ These linkages can be comprehended by means of conceptualising extensions of hybrid identities in aggregate trans/inter-migration processes. It can be put forward that arising hybrid identities are embedded in a blurring structure of thoughts, beliefs, states of affairs, facts, belongings and so forth. From multiculturalism and cosmopolitanism viewpoints, it is argued that tolerance and migration ought to be (...) analysed in frame of sociology of law, human rights, international migration law, and of course the European Union law. So far, normative arguments and soft law approaches are very much well integrated with social aspects of migration, tolerance, identity and culture. In this context, the study examines to what extent cultural and human components are protected by law in multiple levels from an interdisciplinary perspective. In this framework, it is crucial to raise the research enquiries: What are possible criteria for the limits of tolerance? To what extent tolerance is related to human rights and morality? What ought to be the limit of tolerance towards hybrid identities in multicultural and cosmopolitan societies? In a consistent manner, the criteria and standards developed by some leading scholars were reconstructed and discussed throughout this paper. These criteria and standards are both moral (part of a universal system of morality) and legal (international, supranational, or national – i.e. constitutional). In order to apply such standards their validity was discussed (i.e. the respective normative power has the norms at the various levels). In the case of morals, their difference to particular ethnic systems was established (i.e. criteria by which the two can be distinguished). Then the research argument was elaborated on whether and how the legal standards comply with the moral standards, how national standards comply with supranational or international standards. Likewise, the study highlights the crucial contributions of “World Society and World System Paradigms” that are associated with social space, global civil society, cosmopolitanism, ethnic diversity, cultural hybridity, human rights activism and public sphere. Recent debates in Refugee Studies (e.g. Syrian Refugee Crisis, Dual and Multiple Citizenship Issues and so forth) highlight the fact that the European Union needs to consider new aspects of tolerance for hybrid identities and tolerate cultural rights of hybrid identities, create cohesion in communities and establish intercultural dialogue amongst home-states and host-states. Sanguinely, the efforts of hybrid identities are strengthening the relations between home-host states and these ought to attract some considerable attention. The authors of this study hope that their endeavours may contribute somewhat towards that. (shrink)

Some standards, such as moral and prudential standards, provide genuinely or authoritatively normative reasons for action. Other standards, such as the norms of masculinity and the mafia’s code of omerta, provide reasons but do not provide genuinely normative reasons for action. This paper first explains that there is a similar distinction amongst attitudinal standards: some attitudes (belief, desire) have standards that seem to give rise to genuine normativity; others (boredom, envy) do not. This paper gives a value-based account of which (...) attitudinal standards give rise to genuine normativity. It argues that this account has interesting implications before extending it to provide an account of which action-guiding standards are genuinely normative. It argues that this value-based account of which standards are genuinely normative is more plausible than alternatives suggested in the literature and has interesting implications for genuine normativity in law and aesthetics. (shrink)

The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. (...) In this paper, I will recapitulate the familiar arguments for this thesis, before defending a more radical one: The 50%+ standard is also too strong – there are circumstances in which a court should find that a defendant is liable, even though the evidence presented makes it less than 50% likely that the plaintiff’s claim is true. I will argue that the latter thesis follows naturally from the former once we accept that the parties in a civil trial are to be treated equally. I will conclude by sketching an alternative interpretation of the civil standard of proof. (shrink)

Today's climate models are supported in a couple of ways that receive little attention from philosophers or climate scientists. In addition to standard 'model fit', wherein a model's simulation is compared to observational data, there is an additional type of confirmation available through the variety of instances of model fit. When a model performs well at fitting first one variable and then another, the probability of the model under some standard confirmation function, say, likelihood, goes up more than (...) under each individual case of fit alone. Thus, two instances of fit of distinct variables of a global climate model using distinct data sets considered collectively will provide stronger evidence for a model than either one of the instances considered individually. This has consequences for model robustness. Sets of models that produce robust results will, if their assumptions vary enough and they each are observationally sound, provide reasons to endorse common structures found in those models. Finally, independent empirical support for aspects and assumptions of the model provides an additional confirmational virtue for climate models, contrary to what is implied by some current philosophical writing on this topic. (shrink)

We describe (essential features and an axiomatization of) a new metamathematical (cognitive) ability, i.e., functional conceptual substratum, used implicitly in the generation of several mathematical proofs and definitions, and playing a fundamental role in Artificial Mathematical Intelligence (or Cognitive-computational metamathematics). Furthermore, we present an initial (first-order) formalization of this mechanism together with its characterizing relation with classic notions like primitive positive definability and Diophantiveness. Additionally, we analyze the semantic variability of functional conceptual substratum when small syntactic modifications are done. Finally, (...) we describe cognitively natural inference rules for (mathematical) definitions inspired by functional conceptual substratum and we show that they are sound and complete w.r.t.\ standard calculi. (shrink)

Can one’s belief that one romantically loves another be false? If so, under what conditions may one come to reasonably doubt, or at least suspend belief, that one does so? To begin to answer these questions, I first outline an affective/volitional view of love similar to psychologist R. J. Sternberg’s “triangular theory”, which analyzes types of love in terms of the degrees to which they include states of passion, emotion, and commitment. I then outline two sources of potential bias that (...) may cause one to believe that one romantically loves another when one does not. Partly on the basis of those potential sources of bias and partly on the basis of more specific issues, I then argue that at least to the extent that one is aware of these issues, one may reasonably doubt that one is experiencing romantic love’s emotional feelings, and one may reasonably doubt that one is making romantic love’s commitments. Finally, I order by relative dubitability the propositions that must be true about one’s passions, emotions, and commitments toward another in order for one to romantically love them. (shrink)

When members of a group doxastically disagree with each other, decisions in the group are often hard to make. The members are supposed to find an epistemic compromise. How do members of a group reach a rational epistemic compromise on a proposition when they have different (rational) credences in the proposition? I answer the question by suggesting the Fine-Grained Method of Aggregation, which is introduced in Brössel and Eder 2014 and is further developed here. I show how this method faces (...) challenges of the standard method of aggregation, Weighted Straight Averaging, in a successful way. One of the challenges concerns the fact that Weighted Straight Averaging does not respect the evidential states of agents. Another challenge arises because Weighted Straight Averaging does not account for synergetic effects. (shrink)

Consequentialist theories determine rightness solely based on real or expected consequences. Although such theories are popular, they often have difficulty with generalizing intuitions, which demand concern for questions like “What if everybody did that?” Rule consequentialism attempts to incorporate these intuitions by shifting the locus of evaluation from the consequences of acts to those of rules. However, detailed rule-consequentialist theories seem ad hoc or arbitrary compared to act consequentialist ones. We claim that generalizing can be better incorporated into consequentialism by (...) keeping the locus of evaluation on acts but adjusting the decision theory behind act selection. Specifically, we should adjust which types of dependencies the theory takes to be decision-relevant. Using this strategy, we formulate a new theory, generalized act consequentialism, which we argue is more compelling than rule consequentialism both in modeling the actual reasoning of generalizers and in delivering correct verdicts. (shrink)

Joshua Greene has put forward the bold empirical hypothesis that deontology is a confabulation of moral emotions. Deontological philosophy does not steam from "true" moral reasoning, but from emotional reactions, backed up by post hoc rationalizations which play no role in generating the initial moral beliefs. In this paper, I will argue against the confabulation hypothesis. First, I will highlight several points in Greene’s discussion of confabulation, and identify two possible models. Then, I will argue that the evidence does (...) not illustrate the relevant model of deontological confabulation. In fact, I will make the case that deontology is unlikely to be a confabulation because alarm-like emotions, which allegedly drive deontological theorizing, are resistant to be subject to confabulation. I will end by clarifying what kind of claims can the confabulation data support. The upshot of the final section is that confabulation data cannot be used to undermine deontological theory in itself, and ironically, if one commits to the claim that a deontological justification is a confabulation in a particular case, then the data suggests that in general deontology has a prima facie validity. (shrink)

This book tells the story of modern ethics, namely the story of a discourse that, after the Renaissance, went through a methodological revolution giving birth to Grotius’s and Pufendorf’s new science of natural law, leaving room for two centuries of explorations of the possible developments and implications of this new paradigm, up to the crisis of the Eighties of the eighteenth century, a crisis that carried a kind of mitosis, the act of birth of both basic paradigms of the two (...) following centuries: Kantian ethics and utilitarianism. The new science of natural law carried a fresh start for ethics, resulting from a mixture of the Old and the New. It was, as suggested by Schneewind, an attempt at rescuing the content of Scholastic and Stoic doctrines on a new methodological basis. The former was the claim of existence of objective and universal moral laws; the latter was the self-aware attempt at justifying a minimal kernel of such laws facing skeptical doubt. What Bentham and Kant did was precisely carrying this strategy further on, even if restructuring it each of them around one out of two alternative basic claims. The nineteenth- and twentieth-century critics of the Enlightenment attacked both not on their alleged failure in carrying out their own projects, but precisely on having adopted Grotius’s and Pufendorf’s project. What counter-enlightenment has been unable to spell out is which alternative project could be carried out facing the modern condition of pluralism, while on the contrary, if we takes a closer look at developments in twentieth-century ethics or at on-going discussions on practical issues, we might feel inclined to believe that Grotius’s and Pufendorf’s project is as up-to-date as ever. -/- Table of Contents -/- Preface I. Fathers of the Reformation and Schoolmen 1.1. Luther: passive justice and the good deeds; 1.2. Calvin: voluntarism and predestination; 1.3. Baroque Scholasticism; 1.4. Casuistry and Institutiones morales -/- II Neo-Platonists, neo-Stoics, neo-Sceptics 2.1. Aristotelian, neo-Platonic, neo-Epicurean and neo-Cynic Humanists; 2.2. Oeconomica and the art of living; 2.3. Neo-Stoics; 2.4. Neo-Sceptics; 2.5. Moralistic literature -/- III Neo-Augustinians 3.l. The Jansenists on natura lapsa, sufficient grace, pure love; 3.2. Nicole on the impossibility of self-knowledge; 3.3. Nicole on self-love and charity; 3.4. Nicole against civic virtue, for Christian civility; 3.5. Malebranche on general laws and necessary evil; 3.6. Malebranche on Neo-Augustinianism and Platonism. -/- IV Grotius, Pufendorf and the new moral science 4.1. Grotius against Aristotle and the sceptics; 4.2. Mersenne and Gassendi; 4.3. Descartes on ethics as the last branch of philosophy’s tree; 4.4. Hobbes on scepticism and the new moral science; 4.5. Spinoza on the new moral science as a descriptive science;4.6. Locke on voluntarism and probabilism; 4.7. Pufendorf on natural law as an exact science; 4.8. Pufendorf on physical and moral entities; 10. Pufendorf on self-preservation -/- V The empiricist version of the new moral science: from Cumberland to Paley 5.1. Cumberland against Hobbesian voluntarism; 5.2. Cumberland and theological consequentialism; 5.3. Cumberland on universal benevolence and self-love; 5.4. Shaftesbury on the moral sense; 5.5. Hutcheson on natural law and moral faculties; 5.6. Gay, Brown, Paley and theological consequentialism. -/- VI The rationalist version of the new moral science: from Cudworth to Price 6.1. The Cambridge Platonists; 6.2. Shaftesbury on the moral sense; 6.3. Butler and a third way between voluntarism and scepticism; 6.4. Price and the rational character of moral truths; -/- VII Leibniz’s compromise between the new moral science and Aristotelianism 1.Leibniz against voluntarism; 2.Leibniz against the division between the physical and the moral good; 3.Leibniz on la place d’autrui and theological consequentialism; 4.Thomasius, Wolff, Crusius -/- VIII French eighteenth-century philosophers without the new moral science 8.1. The genealogy of our ideas of virtue and vice; 8.2. Maupertuis and moral arithmetic 8.3. The philosophes and the harmony of interests; 8.4. Rousseau on corruption, self-love, and virtue; 8.5. Sade on the merits of vice -/- IX Experimental moral science: Hume and Adam Smith 9.1. Mandeville’s paradox; 9.2. Hutcheson on the law of nature and moral faculties; 9.3. Hume on experimental moral philosophy and the intermediate principles; 9.4. Hume’s Law; 9.5. Hume on the fellow-feeling; 9.6. Hume on natural and artificial virtues and disinterested pleasure for utility; 9.7. Adam Smith’s anti-realist metaethics; 9.8. Adam Smith on self-deception and the paradox of happiness; 9.9. Adam Smith on sympathy and the impartial spectator; 9.10. Adam Smith on the twofold criterion for moral judgement and its paradox; 9.11. Reid on the refutation of scepticism and the self-evidence of duty -/- X Kantian ethics 10.1. Kantian metaethics: moral epistemology; 10.2. Kantian metaethics: moral ontology; 10.3. Kantian metaethics: moral psychology; 10.4. Kantian normative ethics; 10.5. Kant on the impracticability of applied ethics; 10.6. Kantian moral anthropology; 10.7. Civilisation and moralisation; 10.8. Theology on a moral basis and the origins of evil; 10.9. Fichte and the transformation of theoretical philosophy into practical philosophy XI Bentham and utilitarianism 11.1. Bentham’s linguistic theory; 11.2. Bentham’s moral ontology, psychology, and theory of action; 11.3. The principle of greatest happiness; 11.4. The critique of religious ethics; 11.5. The new morality; 11.6. Interest and duty; 11.7. Virtues; 11.8. Private ethics and legislation -/- XII Followers of the Enlightenment: liberal Judaism and Liberal Theology 12.1. Mendelssohn; 12.2. Salomon Maimon; 12.3. Haskalā and liberal Judaism; 12.4. Liberal Theology. -/- XIII Counter-Enlighteners 13.1.Romanticism and the fulfilment of individuality as the Summum Bonum; 13.2. Hegel on history as the making of liberty; 13.3. Hegel on the unhappy consciousness and the beautiful soul; 13.4. Hegel on Morality and Sittlichkeit; 13.5. Marx on ideology, alienation, and praxis; 13.6. Schopenhauer on compassion; 13.7. Kierkegaard on faith beyond ethics. -/- XIV Followers of the Enlightenment: intuitionists and utilitarian 14.1 Whewell‘s criticism of utilitarianism; 14.2 Whewell on morality and the philosophy of morality; 14.3 Whewell on the Supreme Norm; 14.4 Whewell on the conflict between duties; 14.5 Mill and the proof of the principle of utility; 14.6 Mill’s eudemonistic utilitarianism; 14.7 Mill on rules -/- XV Followers of the Enlightenment: neo-Kantians and positivists 15.1. French spiritualism; 15.2. Neo-Kantians: the Marburg school; 15.3. Neo-Kantians: the Marburg school; 15.4. Comte’s positivism and the invention of altruism; 15.5. Social Darwinism; 15.6. Wundt and an ethic of humankind -/- XVI Post-enlighteners: Sidgwick 16.1. Criticism of intuitionism; 16.2. On ethical egoism; 16.3. Criticism of utilitarianism -/- XVII Post-enlighteners: Durkheim 17.1. Sociology as physics of customs; 17.2. Morality as physics of customs and as practical science; 17.3. On Kantian ethics and utilitarianism; 17.4. The variability of moralities;17.5. Social solidarity as end and justification of morality; 17.6. Secular morality as “sociodicy”; XVIII Post-enlighteners: Nietzsche 18.1. On the Dionysian; 18.2. On the deconstruction of the world of values 18.3 On the twofold genealogy of moralities; 18.4. On ascetics and nihilism; 18.5. Normative ethics of self-fulfilment -/- Bibliography / Index of names / Index of concepts -/- . (shrink)

Abstract (for the combined three Parts) This paper presents the simplest known theory of processes involved in a person’s unconscious and conscious achievements such as intending, perceiving, reacting and thinking. The basic principle is that an individual has mental states which possess quantitative causal powers and are susceptible to influences from other mental states. Mental performance discriminates the present level of a situational feature from its level in an individually acquired, multiple featured norm (exemplar, template, standard). The effect on (...) output of a moderate disparity between input and norm is scaled in a universal unit of discrimination (Weber’s fraction), with the norm’s level being zero. When one process converts separate sources of input into an output, their discriminative distances from norm are summated. Distinct processes converging on an output combine their discriminations from norm orthogonally. An output may be influenced by the constructs of other outputs as well as by inputs. Descriptive performance is the influence of one category of input on a verbal output. Reasoning is minimally the effect of one verbal process on another. In deeper mental processing, the influence on a response comes from a response construct modulating a description: this process gives the meaning to an emotion or a motive. Descriptive modulation of stimulation corresponds to a bodily sensation or other conceptualized percept. When an output is explained solely by sources of input, that response to the stimulation may be mediated unconsciously. Development of a person within physical and communal environments embodies such mental causation within material causation and acculturates that mind to social causation. (shrink)

A Mathematical Review by John Corcoran, SUNY/Buffalo -/- Macbeth, Danielle Diagrammatic reasoning in Frege's Begriffsschrift. Synthese 186 (2012), no. 1, 289–314. ABSTRACT This review begins with two quotations from the paper: its abstract and the first paragraph of the conclusion. The point of the quotations is to make clear by the “give-them-enough-rope” strategy how murky, incompetent, and badly written the paper is. I know I am asking a lot, but I have to ask you to read the quoted passages—aloud if (...) possible. Don’t miss the silly attempt to recycle Kant’s quip “Concepts without intuitions are empty; intuitions without concepts are blind”. What the paper was aiming at includes the absurdity: “Proofs without definitions are empty; definitions without proofs are, if not blind, then dumb.” But the author even bollixed this. The editor didn’t even notice. The copy-editor missed it. And the author’s proof-reading did not catch it. In order not to torment you I will quote the sentence as it appears: “In a slogan: proofs without definitions are empty, merely the aimless manipulation of signs according to rules; and definitions without proofs are, if no blind, then dumb.”[sic] The rest of my review discusses the paper’s astounding misattribution to contemporary logicians of the information-theoretic approach. This approach was cruelly trashed by Quine in his 1970 Philosophy of Logic, and thereafter ignored by every text I know of. The paper under review attributes generally to modern philosophers and logicians views that were never espoused by any of the prominent logicians—such as Hilbert, Gödel, Tarski, Church, and Quine—apparently in an attempt to distance them from Frege: the focus of the article. On page 310 we find the following paragraph. “In our logics it is assumed that inference potential is given by truth-conditions. Hence, we think, deduction can be nothing more than a matter of making explicit information that is already contained in one’s premises. If the deduction is valid then the information contained in the conclusion must be contained already in the premises; if that information is not contained already in the premises […], then the argument cannot be valid.” Although the paper is meticulous in citing supporting literature for less questionable points, no references are given for this. In fact, the view that deduction is the making explicit of information that is only implicit in premises has not been espoused by any standard symbolic logic books. It has only recently been articulated by a small number of philosophical logicians from a younger generation, for example, in the prize-winning essay by J. Sagüillo, Methodological practice and complementary concepts of logical consequence: Tarski’s model-theoretic consequence and Corcoran’s information-theoretic consequence, History and Philosophy of Logic, 30 (2009), pp. 21–48. The paper omits definitions of key terms including ‘ampliative’, ‘explicatory’, ‘inference potential’, ‘truth-condition’, and ‘information’. The definition of prime number on page 292 is as follows: “To say that a number is prime is to say that it is not divisible without remainder by another number”. This would make one be the only prime number. The paper being reviewed had the benefit of two anonymous referees who contributed “very helpful comments on an earlier draft”. Could these anonymous referees have read the paper? -/- J. Corcoran, U of Buffalo, SUNY -/- PS By the way, if anyone has a paper that has been turned down by other journals, any journal that would publish something like this might be worth trying. (shrink)

This paper develops a notion of manipulative gaslighting, which is designed to capture something not captured by epistemic gaslighting, namely the intent to undermine women by denying their testimony about harms done to them by men. Manipulative gaslighting, I propose, consists in getting someone to doubt her testimony by challenging its credibility using two tactics: “sidestepping” and “displacing”. I explain how manipulative gaslighting is distinct from reasonable disagreement, with which it is sometimes confused. I also argue for three further (...) claims: that manipulative gaslighting is a method of enacting misogyny, that it is often a collective phenomenon, and, as collective, qualifies as a mode of psychological oppression. (shrink)

The standard account of supererogation holds that Liv is not morally required to jump on a grenade, thereby sacrificing her life, to save the lives of five soldiers. Many proponents defend the standard account by appealing to moral rationalism about requirement. These same proponents hold that Bernie is morally permitted to jump on a grenade, thereby sacrificing his life, to spare someone a mild burn. I argue that this position is unstable, at least as moral rationalism is ordinarily (...) defended. The proponent of the standard account of supererogation must either reject moral rationalism or endorse that Bernie is morally required to remain in safety. Along the way, this paper brings together three neglected topics: going *too far* beyond the call of duty, moral rationalism about *permission*, and how to weigh reasons when some reasons have a different proportion of justifying and requiring weight than others. (shrink)

There is at least one immediate sense in which legal discourse is perspectival: it qualifies acts and facts in the world on the basis of rules. Legal concepts are for the most part constituted by rules, both in the sense that rules define these concepts’ semantic content and that, in order to engage with legal practice, we must act according to those rules, not necessarily complying with them but at least having them in mind. This is the distinctive perspective of (...) law: however, it would be misleading to think that this is the only perspective we can have in legal discourse. That of rule-constituted legal concepts is the fundamental perspective -- the inevitable presupposition of most legal assertions -- but other perspectives are possible on top of this fundamental background: perspectives on law, stemming from the basic perspective of law. -/- In this paper, I will try to argue that some different perspectives regarding law can be accounted for by analyzing different kinds of concepts that emerge in connection with legal institutions. My argument will consist of three steps as follows. First, I will explain how legal concepts are constituted by rules, referring in this regard to John Searle’s analysis of institutional concepts as it emerges in his Making the Social World, of 2010, and amending this analysis according to some criticisms that in 1986 Neil MacCormick had raised against Searle with specific reference to the legal domain. -/- Second, I will show that there are some kinds of concepts relevant for an institution which are not captured by Searle’s analysis in terms of constitutive rules, even if this is amended according to MacCormick’s criticisms. This I will do by considering the game of chess as a simple system of rule-constituted concepts (concepts such as 'checkmate,' 'bishop,' 'king'). I will consider four examples of perfectly legitimate assertions regarding a match of chess -- these being (1) ‘I won’; (2) 'you made a good attack'; (3) 'you are cheating'; (4) 'you made good use of the first-move advantage,' and I will show that, while the first three assertions can be analyzed in terms of concepts (those of 'victory,' 'attack,' and 'cheating') which are not constituted by the rules of chess but are rather common to several different competitive games, being typical of the broader practice of competitive game-playing of which chess is an instance, the fourth assertion includes a concept (that of 'first-move advantage') which is peculiar to chess, just like a rule-constituted element, but is not constituted by the rules of chess. This analysis will lead to a new categorization of institutional concepts. Apart from rule-constituted institutional concepts, which are the only ones recognized by Searle, in order to account for cases (1), (2), and (3) I will distinguish between three kinds of meta-institutional concepts, namely, goal-oriented, mode-oriented, and value-oriented meta-institutional concepts, and then I will introduce the category of para-institutional concepts to account for case (4). -/- Finally -- and this is the third step of my argument -- I will explain how these different kinds of institutional concepts appear when we adopt different perspectives on the institutional frameworks we deal with. This will lead us to a categorization of possible perspectives regarding law that corresponds to the previous one regarding concepts. There is first a structural perspective regarding the instantiation of institutional elements which clearly involves rule-constituted institutional concepts -- as when we say 'I am making a will.' There is then a teleological perspective regarding the goal of our institutional acts which calls into question goal-oriented meta-institutional concepts -- as when we say 'I wrote that will in order for you to have a distinctive right to my property.' Then, we can adopt a strategical perspective regarding some peculiar ways in which institutional acts can be performed, and this has often to do with mode-oriented meta-institutional concepts -- as when we say 'the Labour Party is making parliamentary obstructionism so that the Government will fall before the enactment of the labour reform,' or 'workers start today a work-to-rule action.' Clearly, we can also adopt an evaluative perspective over institutional facts or acts, and here typically value oriented meta-institutional concepts emerge -- as when we say 'that rule is clearly unjust' or 'that contract is unfair.' Finally, we can limit ourselves to a descriptive perspective on phenomena which are peculiar to a given institutional setting, and here para-institutional concepts are often useful -- as when we say 'the Italian electoral system before 1990 led to a sort of reform paralysis' or 'a strict use of the criterion requiring proof beyond any reasonable doubt can be expected to entail a low conviction rate.'. (shrink)

This article discusses various dangers that accompany the supposedly benign methods in behavioral evoltutionary biology and evolutionary psychology that fall under the framework of "methodological adaptationism." A "Logic of Research Questions" is proposed that aids in clarifying the reasoning problems that arise due to the framework under critique. The live, and widely practiced, " evolutionary factors" framework is offered as the key comparison and alternative. The article goes beyond the traditional critique of Stephen Jay Gould and Richard C. Lewontin, (...) to present problems such as the disappearance of evidence, the mishandling of the null hypothesis, and failures in scientific reasoning, exemplified by a case from human behavioral ecology. In conclusion the paper shows that "methodological adaptationism" does not deserve its benign reputation. (shrink)

Scientific literacy is built on critical thinking. The postbaccalaureate workforce enhances our economies and societies by contributing a wealth of knowledge and skill sets to local communities, respective industries, and beyond as our world becomes increasingly interconnected. Education in scientific literacy should teach students how to learn about science and how to cultivate and communicate a positive attitude about science. Learners in a 200-level nonmajors biotechnology course engaged with a series of ethical dilemmas after mastering the basic elements of (...) argument structure and advanced tools in argument evaluation. To introduce collaboration as a constructive process in undergraduate education, student interactions with peers require guidance, flexibility, and compassion to learn from each other. Students gain critical thinking mastery from two modules addressing how we argue and evaluate claims. Students apply these critical thinking skills to various ethical arguments involving responsible conduct of research training. Using our structured and interdisciplinary approach, new scholars learn through practice how to read, analyze, and evaluate research scenarios and respond to potential ethical situations. This strategy allows students to develop important scholarly skills, including a systematic approach to evaluating credibility and applying generosity to theirs and others' understanding of their circumstances. (shrink)

Why study notations, diagrams, or more broadly the variety of nonverbal “representations” or “signs” that are used in mathematical practice? This chapter maps out recent work on the topic by distinguishing three main philosophical motivations for doing so. First, some work (like that on diagrammatic reasoning) studies signs to recover norms of informal or historical mathematical practices that would get lost if the particular signs that these practices rely on were translated away; work in this vein has the potential to (...) broaden our view of the specific normativity of mathematics beyond logical proof. Second, some work focuses on signs to highlight the open-ended and “nonrigorous” aspects of mathematical practice, and the role of these aspects in the historical development of mathematics. The third motivation is based on the following observation: the reason differences in signs matter in mathematics is that humans are finite agents, with cognitive and computational limitations. Accordingly, studying signs can be a way to study how human computational constraints shape the mathematics that we do, and to tackle the topic of mathematical understanding. (shrink)