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)

The problem of standard of care in clinical research concerns the level of treatment that investigators must provide to subjects in clinical trials. Commentators often formulate answers to this problem by appealing to two distinct types of obligations: professional obligations and natural duties. In this article, I investigate whether investigators also possess institutional obligations that are directly relevant to the problem of standard of care, that is, those obligations a person has because she occupies a particular institutional role. I examine (...) two types of institutional contexts: (1) public research agencies – agencies or departments of states that fund or conduct clinical research in the public interest; and (2) private-for-profit corporations. I argue that investigators who are employed or have their research sponsored by the former have a distinctive institutional obligation to conduct their research in a way that is consistent with the state's duty of distributive justice to provide its citizens with access to basic health care, and its duty to aid citizens of lower income countries. By contrast, I argue that investigators who are employed or have their research sponsored by private-for-profit corporations do not possess this obligation nor any other institutional obligation that is directly relevant to the ethics of RCTs. My account of the institutional obligations of investigators aims to contribute to the development of a reasonable, distributive justice-based account of standard of care. (shrink)

A critical study of Kieran Setiya's *Reasons without Rationalism*.

The idea that normative statements implicitly refer to standards has been around for quite some time. It is usually defended by normative antirealists, who tend to be attracted to Humean theories of reasons. But this is an awkward combination: 'A ought to X' entails that there are reasons for A to X, and 'A ought to X all things considered' entails that the balance of reasons favours X-ing. If the standards implicitly referred to are not those of the (...) agent, then why would these entailments hold? After all, Humeanism says that 'A has a reason to X' is true if and only if A has some desire which is furthered by X-ing. In this paper, I develop a standard-relational theory of 'ought' and a non-Humean theory of reasons (oughtism). Together, they explain why 'A ought to X' entails not only that there are reasons for A to X, but also that the balance of reasons favours X-ing. The latter explanation depends on a theory of weight, in which the weight of a reason depends on the position of a rule (standard) in an order of priorities. The theories are truth-conditional, but do not require objective normative facts for the truth of 'ought' judgments and judgments about reasons. (shrink)

Though the duties of care owed toward innocents in war and in civil life are at the bottom univocally determined by the same ethical principles, Bazargan-Forward argues that those very principles will yield in these two contexts different “in-practice” duties. Furthermore, the duty of care we owe toward our own innocents is less stringent than the duty of care we owe toward foreign innocents in war. This is because risks associated with civil life but not war (a) often increase the (...) expected welfare of the individuals upon whom the risk is imposed, (b) are often imposed with consent, and (c) are often imposed reciprocally. The conclusion—that we have a pro tanto reason for adopting a more stringent standard of risk imposition toward foreign innocents in war—has implications for not only what standards of risk we should adopt in war, but also how we should weigh domestic versus foreign civilian lives. (shrink)

This book contributes to two debates and it does so by bringing them together. The first is a debate in metaethics concerning normative reasons, the considerations that serve to justify a person’s actions and attitudes. The second is a debate in epistemology concerning the norms for belief, the standards that govern a person’s beliefs and by reference to which they are assessed. The book starts by developing and defending a new theory of reasons for action, that is, of practical (...) reasons. The theory belongs to a family that analyses reasons by appeal to the normative notion of rightness (fittingness, correctness); it is distinctive in making central appeal to modal notions, specifically, that of a nearby possible world. The result is a comprehensive framework that captures what is common to and distinctive of reasons of various kinds: justifying and demanding; for and against, possessed and unpossessed; objective and subjective. The framework is then generalized to reasons for belief, that is, to epistemic reasons, and combined with a substantive, first-order commitment, namely, that truth is the sole right-maker for belief. The upshot is an account of the various norms governing belief, including knowledge and rationality, and the relations among them. According to it, the standards to which belief is subject are various, but they are unified by an underlying principle. (shrink)

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

An astonishing volume and diversity of evidence is available for many hypotheses in the biomedical and social sciences. Some of this evidence—usually from randomized controlled trials (RCTs)—is amalgamated by meta-analysis. Despite the ongoing debate regarding whether or not RCTs are the ‘gold-standard’ of evidence, it is usually meta-analysis which is considered the best source of evidence: meta-analysis is thought by many to be the platinum standard of evidence. However, I argue that meta-analysis falls far short of that standard. Different meta-analyses (...) of the same evidence can reach contradictory conclusions. Meta-analysis fails to provide objective grounds for intersubjective assessments of hypotheses because numerous decisions must be made when performing a meta-analysis which allow wide latitude for subjective idiosyncrasies to influence its outcome. I end by suggesting that an older tradition of evidence in medicine—the plurality of reasoning strategies appealed to by the epidemiologist Sir Bradford Hill—is a superior strategy for assessing a large volume and diversity of evidence. (shrink)

People sometimes knowingly undermine the achievement of their own goals by, e.g., playing the lottery or borrowing from loan sharks. Are these agents acting irrationally? The standard answer is “yes.” But, in a recent award-winning paper, Jennifer Morton argues “no.” On her view, the norms of practical reasoning an agent ought to follow depend on that agent’s resource context (roughly, how rich or poor they are). If Morton is correct, the orthodox view that the same norms of practical rationality (...) apply to all agents needs revision. I argue that Morton’s arguments fail on empirical and philosophical grounds. What’s at stake? If Morton is correct, poverty relief agencies ought to re-design their incentives so resource-scarce agents can rationally respond to them. If I’m correct, resource-scarce agents do act irrationally in the cases under discussion, and we shouldn’t be shy about saying so. Instead of declaring them rational, we should try to understand the causes of their irrational behavior and help them better succeed by their own lights. (shrink)

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...) a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by s. 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded on their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable” given what the accused knew, the legal definition of consent in section 273.1 is easily over-looked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. -/- That is precisely what we see here; the result is often failure to enforce the law. The author proposes: -/- (a) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and -/- (b) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent. (shrink)

Relatively few authors attempt to assess individuals’ moral responsibility for collective action within organizations. I draw on fairly technical recent work by Seamus Miller, Christopher Kutz, and Tracy Isaacs in the field of collective responsibility to see what normative lessons can be prepared for people considering entry into large hierarchical, compartmentalized organizations like businesses or the military. I will defend a view shared by Isaacs that group members’ responsibility for collective action depends on intentions to contribute to particular collective actions, (...) against Miller and Kutz’s more inculpating standards. Miller and Kutz fail to achieve their goal of articulating a variable standard for measuring individual responsibility within organizations, for reasons suggesting we might not be able to do better with their theoretical commitments than a threshold warning for all potential entrants to be wary of the groups they enter. Isaacs sketches an approach that is more successful at creating a variable standard for assessing high echelon actors; I build on and refine her theory to argue that organization members can be held responsible for their unique interpretations of the organization mission and unique contributions to their role duties. High echelon actors may share personal responsibility for their subordinates’ behavior when they have created the conditions for those actions through their unique orders. (shrink)

Because we must often make decisions in light of imperfect information about our prospective actions, the standard principles of objective obligation must be supplemented with principles of subjective obligation (which evaluate actions in light of what the agent believes about their circumstances and consequences). The point of principles of subjective obligation is to guide agents in making decisions. But should these principles be stated in terms of what the agent actually believes or what it would be reasonable for her to (...) believe about her prospective actions? I show that there are many decisions for which “reasonable belief” principles can’t be used by the decision-maker, especially in cases in which whether (or how) the agent investigates or deliberates affects the nature of the prospective action itself. I conclude that subjective rightness depends on what the agent actually believes, not what it would be reasonable for her to believe. (shrink)

Are the standards of reasoning and rationality in divination, religious practice, and textual exegesis different from those in the sciences? Can there be different standards of reasoning and rationality at all? The intense “rationality debate” of the 1960s, 70s, and 80s focused on these questions and the related problems of relativism across cultures and systems of practice. Although philosophers were at the center of these debates at the time, they may appear to have abandoned the question (...) in recent years. On the contrary, I discuss recent developments in philosophy that approach the issue from a number of new directions, changing our understanding of reasoning and rationality. I argue that, in comparing the diviner to the scientist, focusing on reasoning is likely to be a red herring. Instead, I argue that a careful treatment of rationality, paying particular attention to its context-dependence, untangles longstanding confusions. Moreover, it points the way forward to investigating modest but interesting ways for there to be alternative standards of rationality. (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.

This paper presents a series of studies (total N=579) which demonstrate that folk judgments concerning the reasonableness of decisions and actions depend strongly on whether they engender positive or negative consequences. A particular decision is deemed more reasonable in retrospect when it produces beneficial consequences than when it produces harmful consequences, even if the situation in which the decision was taken and the epistemic circumstances of the agent are held fixed across conditions. This finding is worrisome for the law, where (...) the reasonable person standard plays a prominent role. The legal concept of reasonableness is outcome-insensitive: whether the defendant acted in a reasonable fashion or not depends exclusively on her context of action, no matter how things play out. Folk judgments of reasonableness are thus inconsistent with the legal concept of reasonableness. Problematically, in common law jurisdictions, the decision whether a defendant’s behavior was reasonable or not is frequently (though not necessarily) delegated to a lay jury. (shrink)

This paper concerns the double standard debate in the ethics of AI literature. This debate essentially revolves around the question of whether we should subject AI systems to different normative standards than humans. So far, the debate has centered around the desideratum of transparency. That is, the debate has focused on whether AI systems must be more transparent than humans in their decision-making processes in order for it to be morally permissible to use such systems. Some have argued that (...) the same standards of transparency should be applied across the board, for AI systems and humans alike. Others have argued that we should hold AI systems to higher standards than humans in terms of transparency. In this paper, we first point out that there are structurally similar double standard debates to be had about other desiderata besides transparency, such as predictive accuracy. Second, we argue that when we focus on predictive accuracy, there are at least two reasons for holding AI systems to a lower standard than humans. (shrink)

In his important recent book Schroeder proposes a Humean theory of reasons that he calls hypotheticalism. His rigourous account of the weight of reasons is crucial to his theory, both as an element of the theory and constituting his defence to powerful standard objections to Humean theories of reasons. In this paper I examine that rigourous account and show it to face problems of vacuity and consonance. There are technical resources that may be brought to bear on the problem of (...) vacuity but implementation is not simple and philosophical motivation a further difficulty. Even supposing vacuity is fixed, the problems of consonance bring to light a different obstruction lying in Schroeder’s path. There is a difference between the general weighing of reasons and the context specificity of the correct placing of weight on them in deliberation and this difference cannot be fixed by the resources in the account. For these reasons we are still waiting for a plausible Humean theory of reasons. (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)

This essay examines one of the most obscure and controversial tenets of Kant’s critical philosophy, his claim in the Critique of Practical Reason that the moral law is immediately and unquestionably valid as an a priori fact of reason (Factum der Vernunft). This argument curiously inverts Kant’s earlier stance in the Groundwork of the Metaphysics of Morals, in which he justifies the reality of the categorical imperative through a much more cautious and qualified authentication of transcendental freedom. Against constructivist readings (...) which tend to downplay the justificatory burden of the Factum, I claim that Kant’s position is best understood as a transcendental argument. In other words, he argues from a given or assured conditioned, consciousness of binding moral obligation, to the sole condition of its possibility in transcendental freedom. In order to rebut the standard objections prompted by this line of interpretation, I emphasize the technical function of Kant’s Factum as both a deed (Tat) and product (Tatsache) of practical reason. (shrink)

In his essay ‘Of the Standard of Taste,’ Hume argues that artworks with morally flawed outlooks are, to some extent, aesthetically flawed. While Hume's remarks regarding the relationship between art and morality have influenced contemporary aestheticians, Hume's own position has struck many people as incoherent. For Hume appears to entangle himself in two separate contradictions. First, Hume seems to claim both that true judges should not enter into vicious sentiments and that true judges should adopt the standpoint of an artwork's (...) intended audience. But The Iliad, say, was obviously intended for an audience that shared Homer's flawed moral outlook. Second, Hume appears to claim that our moral sentiments are both highly resistant to change and extremely fragile. This essay defends Hume against these two objections by drawing increased attention to the role that Hume's aesthetics assigns to the faculty of good sense or sound reason. (shrink)

Very plausibly, there is something important missing in our lives if we are thoroughly ignorant or misled about reality – even if, as in a kind of Truman Show scenario, intervention or fantastic luck prevents unhappiness and practical failure. But why? I argue that perfectionism about well-being offers the most promising explanation. My version says, roughly, that we flourish when we exercise our self-defining capacities successfully according to their constitutive standards. One of these self-defining capacities, or capacities whose exercise (...) reveals who we are, is Reason, our capacity for normative self-governance. I argue that in its practical use, Reason formally aims at competently realizing self-chosen valuable ends that are in harmony with each other, or valuable achievements. In its theoretical use, it formally aims at competently grasping fundamental enough subject matters, or a kind of understanding. Because success by reason’s own standards requires many things to go right, there are many different ways in which we can fall short. Some of them amount to partial success. But some, like incompetent inquiry that fails to yield understanding of its target, or taking inefficient means to a worthless end, are robust failures that amount to epistemic or agential unflourishing, and thus to a form of ill-being. (shrink)

In this paper, I argue that Spinoza holds a perspectivalist view of mereological composition, a form of anti-realism. The paper has two parts: In the first half of the paper, I introduce interpretive puzzles for the standard realist reading of Spinoza’s mereology. In the second half of the paper, I discuss Spinoza’s positive view on mereological composition and present a perspectivalist reading that avoids the interpretive puzzles.

In recent years, a number of commentators have expressed dissatisfaction with Spinoza’s account of practical reason. In this paper, I defend his account against the most prominent objections, showing that the dictates of reason play an important role in guiding thought and action. However, against the standard interpretation, I propose that we view these rules not as exceptionless, instrumental prescriptions—hypothetical imperatives with necessary antecedents, as Curley memorable put it—but rather as adaptable guideposts that aid us in the complex, dynamic process (...) of acquiring a habit of virtue. The dictates of reason are best understood as defeasible policies that help to orient one in the ars vivendi. (shrink)

This chapter expounds Hacking’s project of styles of reasoning more systematically than Hacking himself has done, while the following chapters examine its philosophical implications. I shall show that, in addition to the statistical and the laboratory style described in Chap. 3, there exist other four styles of reasoning that share a set of common characterizing features: the algorithmic, the postulational, the historico-genetic and the taxonomic style of reasoning. All the differences notwithstanding, striking parallels can be drawn between (...) these different styles of reasoning: they emerged suddenly at certain points in time, crystallized around communities that shared certain standards of evidence and represent basic and inescapable forms of reasoning. Finally, I shall argue that there are other ways of thinking that differ from styles of reasoning in the sense of Hacking. What I consider a relevant difference is that only styles of reasoning have strong techniques of self-authentication, techniques that are intrinsic to their forms of reasoning. (shrink)

Many philosophers have been attracted to the view that reasons are premises of good reasoning – that reasons to φ are premises of good reasoning towards φ-ing. However, while this reasoning view is indeed attractive, it faces a problem accommodating outweighed reasons. In this article, I argue that the standard solution to this problem is unsuccessful and propose an alternative, which draws on the idea that good patterns of reasoning can be defeasible. I conclude by drawing (...) out implications for the debate over pragmatic reasons for belief and other attitudes and for one influential form of reductionism about the normative. (shrink)

The Age of Enlightenment is more global and complex than the standard Eurocentric Colonial Canon narrative presents. For example, before the advent of unscientific racism and the systematic negligence of the contributions of Others outside of “White Europe,” Raphael centered Ibn Rushd (Averroes) in his Vatican fresco “Causarum Cognitio” (1511); the astronomer Edmund Halley taught himself Arabic to be more enlightened; The Royal Society of London acknowledged the scientific method developed by Ibn Al-Haytham (Alhazen). In addition, if we study the (...) Transatlantic texts of the late 18th century, it is not Kant, but instead enlightened thinkers like Anton Wilhelm Amo (born in present-day’s Ghana), Phillis Wheatley (Senegal region), and Toussaint L’Ouverture (Haiti), who mostly live up to the ideals of reason, humanism, universalism, and human rights. One obstacle to developing a more balanced presentation of the Age of the Enlightenment is the influence of colonialism, Eurocentrism, and methodological nationalism. Consequently, this paper, part II of two, will also deal with the European Enlightenment’s unscientific heritage of scholarly racism from the 1750s. It will be demonstrated how Linnaeus, Hume, Kant, and Hegel were among the Founding Fathers of intellectual white supremacy within the Academy. Hence, the Age of Enlightenment is not what we are taught to believe. This paper will demonstrate how the lights from different “Global Enlightenments” can illuminate paths forward to more dialogue and universalism in the 21st century. (shrink)

Non-causal accounts of action explanation have long been criticized for lacking a positive thesis, relying primarily on negative arguments to undercut the standard Causal Theory of Action The Stanford Encyclopedia of Philosophy, 2016). Additionally, it is commonly thought that non-causal accounts fail to provide an answer to Donald Davidson’s challenge for theories of reasons explanations of actions. According to Davidson’s challenge, a plausible non-causal account of reasons explanations must provide a way of connecting an agent’s reasons, not only to what (...) she ought to do, but to what she actually does. That is, such explanations must be truth-apt, not mere rationalizations. My aim in this paper is to show how a non-causal account of action can provide explanations that are truth-apt and genuinely explanatory. To make this argument, I take as a given an account of the practical syllogism discussed by Michael Thompson and Eric Wiland, according to which the practical syllogism is truly practical rather than propositional in nature. Next, I present my primary positive thesis: reasons for actions have explanatory power in virtue of being parts of a structure—the practical syllogism—that contains the action being explained. I then argue that structural action explanations can meet Davidson’s challenge and that they genuinely explain actions. Finally, I conclude by addressing some objections to my argument. (shrink)

We offer a model of moral reform and regeneration that involves a wrong-doer making two movements: on the one hand, he identifies with himself as the one who did the act, while he also intentionally moves away from that self (or set of desires and intentions) and moves toward a transformed identity. We see this model at work in the formal practice of contrition and reform in Christian and Buddhist rites. This paper is part of a broader project we are (...) undertaking on the philosophy of forgiveness. (shrink)

The impossibility theorem of Dekel, Lipman and Rustichini has been thought to demonstrate that standard state-space models cannot be used to represent unawareness. We first show that Dekel, Lipman and Rustichini do not establish this claim. We then distinguish three notions of awareness, and argue that although one of them may not be adequately modeled using standard state spaces, there is no reason to think that standard state spaces cannot provide models of the other two notions. In fact, standard space (...) models of these forms of awareness are attractively simple. They allow us to prove completeness and decidability results with ease, to carry over standard techniques from decision theory, and to add propositional quantifiers straightforwardly. (shrink)

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)

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)

The causal theory of action has been the standard view in the philosophy of action and mind. In this chapter, I will present responses to two challenges to the theory. The first says, basically, that there is no positive argument in favour of the causal theory, as the only reason that supports it consists in the apparent lack of tenable alternatives. The second challenge says that the theory fails to capture the phenomenon of agency, as it reduces activity to mere (...) happenings (events and event-causal processes). This is often referred to as the problem of "disappearing agency". My main aim is to show that there is no problem of disappearing agency, and we will see that my response to the first challenge will be conducive to this end. I will present a positive argument for the causal theory on the basis of considerations concerning the metaphysics of agency, and I will suggest that we "own" the agency that springs from our mental states and events "by default". (shrink)

A con-reason is a reason which plays a role in motivating and explaining an agent's behaviour, but which the agent takes to count against the course of action taken. Most accounts of motivating reasons in the philosophy of action do not allow such things to exist. In this essay, I pursue two aims. First, I argue that, whatever metaphysical story we tell about the relation between motivating reasons and action, con- reasons need to be acknowledged, as they play an explanatory (...) role not played by pro- reasons. Second, I respond to an argument recently developed by David-Hillel Ruben to the effect that a causal theory of action – still known as ‘the standard story’ – cannot account for con- reasons. His argument attempts to show that a fundamental principle of the causal theory cannot be reconciled with the role con- reasons play in a certain kind of imagined case. I first argue that a causal theorist is not, in fact, committed to the problematic. (shrink)

Williamson has argued against scepticism concerning our metaphysically modal knowledge, by arguing that standard patterns of suppositional reasoning to counterfactual conclusions provide reliable sources of correct ascriptions of possibility and necessity. The paper argues that, while Williamson’s claims relating to necessity may well be right, he has not provided adequate reasons for thinking that the familiar modes of counterfactual reasoning to which he points generalise to provide a decent route to ascriptions of possibility. The paper also explores another (...) path to ascriptions of possibility that may be extracted from Williamson’s ideas, before briefly considering the general status of counterfactual reasoning in relation to our knowledge of possibilities. (shrink)

It has been argued that an epistemically rational agent’s evidence is subjectively mediated through some rational epistemic standards, and that there are incompatible but equally rational epistemic standards available to agents. This supports Permissiveness, the view according to which one or multiple fully rational agents are permitted to take distinct incompatible doxastic attitudes towards P (relative to a body of evidence). In this paper, I argue that the above claims entail the existence of a unique and more reliable (...) epistemic standard. My strategy relies on Condorcet’s Jury Theorem. This gives rise to an important problem for those who argue that epistemic standards are permissive, since the reliability criterion is incompatible with such a type of Permissiveness. (shrink)

According to standard trope nominalism, there are simple tropes that do not have parts or multiply distinct aspects. Douglas Ehring’s reductio ad absurdum against this standard view concludes that there are no simple tropes. In this paper, we provide a response to Ehring defending the standard view. Ehring’s argument may be refuted by (1) distinguishing the ontological form of tropes from their contribution to the ontological content of the world, and (2) construing tropes as having primitive identity. At the same (...) time, standard trope nominalism is elaborated on by distinguishing between ontological form and content, for which there are also independent reasons. (shrink)

Given constructivism’s enduring popularity and appeal, it is perhaps something of a surprise that there remains considerable uncertainty among many philosophers about what constructivism is even supposed to be. My aim in this article is to make some progress on the question of how constructivism should be understood. I begin by saying something about what kind of theory constructivism is supposed to be. Next, I consider and reject both the standard proceduralist characterization of constructivism and also Sharon Street’s ingenious standpoint (...) characterization. I then suggest an alternative characterization according to which what is central is the role played by certain standards of correct reasoning. I conclude by saying something about the implications of this account for evaluating the success of constructivism. I suggest that certain challenges that have been raised against constructivist theories are based on dubious understandings of constructivism, whereas other challenges only properly come into focus once a proper understanding is achieved. (shrink)

The setting of evidential standards is a core practice of scientific assessment for policy. Persuaded by considerations of inductive risk, philosophers generally agree that the justification of evidential standards must appeal to non-epistemic values but debate whether the balance of non-epistemic reasons favours varying evidential standards versus maintaining fixed high evidential standards in assessment, as both sets of standards promote different and important political virtues of advisory institutions. In this paper, I adjudicate the evidential (...) class='Hi'>standards debate by developing a novel argument from justice, drawing on the IPCC’s assessment of climate impacts as a case study. I argue that in assessments marked by background evidential inequality, maintaining fixed high evidential standards results in an unequal distribution of ‘epistemic power’ among stakeholders, producing a ‘powerful assessment’ for the data-rich (a high rate of findings) and a ‘weak assessment’ for the data-poor (a low rate of findings). Where such inequalities of epistemic power disadvantage those in data-poor regions with respect to fundamental interests, such as basic human rights, we have decisive reasons of justice to vary evidential standards. (shrink)

With a focus on Asian philosophical traditions, this book examines varieties of philosophical thought and self-transformative practice that do not fit neatly on one side or another of the standard Western division between philosophy and religion. It contains chapters by experts on Buddhist, Confucian, Taoist, Upaniṣadic and Jain philosophies, as well as ancient Greek philosophy and recent contemplative and spiritual movements. The authors problematize the notion of a European philosophical canon distinguished by "reason and rationality" in contrast to “religious Eastern (...) wisdom-traditions,” which are purportedly grounded in “faith.” These essays lay the groundwork needed to rethink dominant historical and conceptual categories from a wider global perspective to arrive at a deeper, more plural understanding of the diverse nature of both philosophy and religion. (shrink)

Constructivists hold that truths about practical reasons are to be explained in terms of truths about the correct exercise of practical reason (rather than vice versa). But what is the normative status of the correctness-defining standards of practical reason? The problem is that constructivism appears to presuppose the truth of two theses that seem hard to reconcile. First, for constructivism to be remotely plausible, the relevant standards must be genuinely (and not merely formally or minimally) normative. Second, to (...) avoid circularity, the relevant standards must be non-reason-involving, i.e. prior to and independent of practical reasons. From the standpoint of the contemporary philosophy of normatively, this is a surprising combination to say the least. What could these genuinely normative but non-reason-involving standards possibly be? The standard constructivist response is to insist that the relevant standards possess a special kind of necessity inasmuch as we only count as occupying the “deliberative standpoint” or as a “deliberative agent” insofar as we comply with or accept the relevant standards. I offer a different response. My response holds that the special normative status of the relevant standards consists in their exhibiting a distinctive kind of practical necessity that derives from the fact that they determine what I have called elsewhere truths about “the thing to do” – namely, truths about correct answers to the question of what to do. Understanding the norms of practical reason in these terms vindicates the idea that standards of practical reason are genuinely normative since truths about the thing to do plausibly possess the hallmarks of genuine normativity. And it vindicates the idea that the standards are not reason-involving since truths about the thing to do are plausibly prior to and independent of truths about practical reasons. (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)

In a series of recent papers Stephen Kearns and Daniel Star argue that normative reasons to ϕ simply are evidence that one ought to ϕ, and suggest that “evidence” in this context is best understood in standard Bayesian terms. I contest this suggestion.

Kant describes logic as “the science that exhaustively presents and strictly proves nothing but the formal rules of all thinking”. (Bviii-ix) But what is the source of our cognition of such rules (“logical cognition” for short)? He makes no concerted effort to address this question. It will nonetheless become clear that the question is a philosophically significant one for him, to which he can see three possible answers: those representations are innate, derived from experience, or originally acquired a priori. Although (...) he gives no explicit argument for the third answer, he seems committed to it—especially given his views on the source of pure concepts of the understanding and on the nature of logic. It takes careful preparatory work to gather all the essential materials for motivating and reconstructing Kant’s “original acquisition” account of logical cognition. I shall proceed in two sections. In section 1, I analyze Kant’s argument that pure concepts of the understanding (or intellectual concepts)—as one kind of pure cognition—must be acquired originally and a priori. My analysis partly concerns his varied attitudes toward Crusius’s and Leibniz’s versions of the nativist account of such concepts. I give special attention to how Kant characterizes the nativist account and his own “original acquisition” account in terms of “preformation” and “epigenesis”. My goal is, firstly, to tease out the sense in which Kant grants that there must be an innate ground (or preformation) for the derivation of pure concepts and, secondly, to introduce—and pave the way for answering—the question about the source of logical cognition. In section 2, in light of Kant’s reference to Locke and Leibniz as the greatest reformers of philosophy (including logic) in their times (Log, AA 9: 32), I examine the Lockean and Leibnizian approaches to logic, respectively. Both approaches are “physiological” by Kant’s standard and are directly opposed to his own strictly critical method. I explain how this methodological move shapes Kant’s view that representations of logical rules must be originally acquired a priori. This acquisition involves a kind of radical epigenesis of pure reason: unlike the acquisition of pure concepts, it presupposes no further innate ground (or preformation). This view will have important consequences for issues such as the ground of the normativity of logical rules and the boundaries of their rightful use. (shrink)

The paper argues for a version of the Guise of the Good thesis, namely the claim that if someone acts as the result of practical reasoning, then she takes her premises to jointly provide a sufficient and undefeated reason for her action. I argue for this by showing, first, that it is an application of Boghossian's Taking Condition on inference to practical reasoning and, second, that the motivations for the Taking Condition for theoretical reasoning carry over to (...) practical reasoning. I end by arguing that this version of the Guise of the Good withstands standard objections. (shrink)

John Broome has developed an account of rationality and reasoning which gives philosophical foundations for choice theory and the psychology of rational agents. We formalize his account into a model that differs from ordinary choice-theoretic models through focusing on psychology and the reasoning process. Within that model, we ask Broome’s central question of whether reasoning can make us more rational: whether it allows us to acquire transitive preferences, consistent beliefs, non-akratic intentions, and so on. We identify three (...) structural types of rationality requirements: consistency requirements, completeness requirements, and closedness requirements. Many standard rationality requirements fall under this typology. Based on three theorems, we argue that reasoning is successful in achieving closedness requirements, but not in achieving consistency or completeness requirements. We assess how far our negative results reveal gaps in Broome's theory, or deficiencies in choice theory and behavioral economics. (shrink)

There is a long tradition in formal epistemology and in the psychology of reasoning to investigate indicative conditionals. In psychology, the propositional calculus was taken for granted to be the normative standard of reference. Experimental tasks, evaluation of the participants’ responses and psychological model building, were inspired by the semantics of the material conditional. Recent empirical work on indicative conditionals focuses on uncertainty. Consequently, the normative standard of reference has changed. I argue why neither logic nor standard probability theory (...) provide appropriate rationality norms for uncertain conditionals. I advocate coherence based probability logic as an appropriate framework for investigating uncertain conditionals. Detailed proofs of the probabilistic non-informativeness of a paradox of the material conditional illustrate the approach from a formal point of view. I survey selected data on human reasoning about uncertain conditionals which additionally support the plausibility of the approach from an empirical point of view. (shrink)

Many social situations require a mental model of the knowledge, beliefs, goals, and intentions of others: a Theory of Mind (ToM). If a person can reason about other people’s beliefs about his own beliefs or intentions, he is demonstrating second-order ToM reasoning. A standard task to test second-order ToM reasoning is the second-order false belief task. A different approach to investigating ToM reasoning is through its application in a strategic game. Another task that is believed to involve (...) the application of second-order ToM is the comprehension of sentences that the hearer can only understand by considering the speaker’s alternatives. In this study we tested 40 children between 8 and 10 years old and 27 adult controls on (adaptations of) the three tasks mentioned above: the false belief task, a strategic game, and a sentence comprehension task. The results show interesting differences between adults and children, between the three tasks, and between this study and previous research. (shrink)

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)

Research using current literature on legal reasoning was conducted with the goals of (a) determining what skills are most important in good legal reasoning according to such literature, (b) determining the extent to which existing Law School Admission Test item types and subtypes are designed to assess those skills, and (c) suggesting test specifications or new or refined item types and formats that could be developed in the future to assess any important skills that appear [by (a) and (...) (b)] to be measured in a limited or minimal way by the current LSAT. So far as can be determined, such systematic research using legal reasoning literature has never been previously conducted. This report presents the findings of this research. (shrink)