This is the first book to systematically examine the underlying theory of evidence in Anglo-American legal systems. Stein develops a detailed and innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy, he argues instead that the fundamental purpose of evidence law is to apportion the risk of error in conditions of uncertainty.

This paper uses Carl Ginet's concept of “disinterested justification” to identify the boundaries of the epistemic authority of courts. It claims that courts exercise this authority only in the “interest-free” zone, in which their determinations of disputed facts’ probabilities can be made and justified on epistemic grounds alone. This is not the case with the “interest-laden” domain, where courts allocate risks of error under conditions of uncertainty. This domain is controlled by the risk-allocating evidentiary rules: burdens of proof, corroboration, hearsay, (...) opinion, character, and others. These rules are driven by moral and political, rather than epistemic, reasons. Their role is to allocate the risk of error among plaintiffs, defendants, and prosecution by setting forth probability thresholds for findings of fact and the criteria for adequacy of the evidence upon which those findings can be made. (shrink)

Holtby, Allen and Fairchild are both recent and revolutionary decisions that address an important aspect of the indeterminate causation problem that frequently arises in tort litigation. In Holtby and Allen, the Court of Appeal departed from the traditional binary approach, under which a tort claimant either recovers compensation for his or her entire injury or is altogether denied recovery—depending on whether his or her case against the defendant is more probable than not. Holtby and Allen substituted this approach by the (...) proportionate recovery principle, under which the defendant compensates the claimant for a fraction of his or her injury that represents the defendant's statistical share in that injury. This article analyses this development within the particular domain of indeterminate causation, over which the proportionate recovery principle has been licensed to exercise control. The article claims that this development would constitute an improvement of the law from the perspectives of both optimal deterrence and corrective justice, if the courts properly formulate its scope. First, the proportionate recovery principle needs to be explicitly confined to cases that deal with recurrent wrongs. Second, determination of the defendant's share in the claimant's injury ought to be grounded on the probability of causation, rather than the risk of inflicting that injury. Third, judges must not apply unarticulated intuitions in determining the magnitude of the relevant risk or probability: their decisions in that area would be better informed by the statistical principle of ‘insufficient reason’, also known as the ‘indifference principle’. Fourth, courts are yet to relieve the doctrinal tension between the proportionate recovery principle, as recognized in Holtby and Allen, and the previous rejection of that principle by the House of Lords. Subsequently, the article analyses the House of Lords' decision in Fairchild—yet another instance of indeterminate causation in which proportionate recovery is preferable to the ‘all or nothing’ approach. In this case, the House of Lords allowed the claimants full recovery. This holding was grounded in the Law Lords' innovative approach to indeterminate causation, and the article unfolds the problematics of this approach. Finally, the article offers an adoption of yet another legal mechanism—the ‘evidential damage doctrine’—that replaces liability under uncertainty with liability for uncertainty. (shrink)

The book provides a comprehensive and principled account of the uncertainty problem that arises in tort litigation. It presents and critically examines the existing doctrinal solutions of the problem, as evolved in England, the United States, Canada, and Israel, and also offers a number of original solutions, such as imposition of collective liability and liability for evidential damage. Among the issues dealt with by the book are rapidly developing areas of tort law, such as mass torts, liability for imposing risk (...) and the like. The book combines the traditional doctrinal depiction of the law with general theoretical insights that include economic analysis. (shrink)

This volume brings together leading theoretical writings on legal fact-finding which are dispersed and not readily accessible.

"Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economics, psychology, bias, gender, and race. It covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory, and inference to the (...) best explanation. The volume’s contributions come from scholars spread across three continents and twelve different countries, whose common interest is evidence theory as related to law"-- from publisher's website. (shrink)

Response-dependence theories have historically been very popular in aesthetics, and aesthetic response-dependence has motivated response-dependence in ethics. This chapter closely examines the prospects for such theories. It breaks this category down into dispositional and fittingness strands of response-dependence, corresponding to descriptive and normative ideal observer theories. It argues that the latter have advantages over the former but are not themselves without issue. Special attention is paid to the relationship between hedonism and response-dependence. The chapter also introduces two aesthetic properties that (...) lead to wrong kinds of reasons problems for aesthetic response-dependence: insightfulness and the capacity to change one’s perspective. These properties do not have obvious parallels in the ethical domain, and so present an obstacle for response-dependence even in aesthetics. The chapter ends by examining replies on behalf of the response-dependence theorist, ultimately suggesting that a restricted form of response-dependence is the most promising way forward for fans of such theories. (shrink)

It has been repeatedly argued, most recently by Nicholas Maxwell, that the special theory of relativity is incompatible with the view that the future is in some degree undetermined; and Maxwell contends that this is a reason to reject that theory. In the present paper, an analysis is offered of the notion of indeterminateness (or "becoming") that is uniquely appropriate to the special theory of relativity, in the light of a set of natural conditions upon such a notion; and reasons (...) are given for regarding this conception as (not just formally consistent with relativity theory, but also) philosophically reasonable. The bearings upon Maxwell's program for quantum theory are briefly considered. (shrink)

This chapter is centered around an apparent tension that research on implicit bias raises between virtue and social knowledge. Research suggests that simply knowing what the prevalent stereotypes are leads individuals to act in prejudiced ways—biasing decisions about whom to trust and whom to ignore, whom to promote and whom to imprison—even if they reflectively reject those stereotypes. Because efforts to combat discrimination obviously depend on knowledge of stereotypes, a question arises about what to do next. This chapter argues that (...) the obstacle to virtue is not knowledge of stereotypes as such, but the “accessibility” of such knowledge to the agent who has it. “Accessibility” refers to how easily knowledge comes to mind. Social agents can acquire the requisite knowledge of stereotypes while resisting their pernicious influence, so long as that knowledge remains, in relevant contexts, relatively inaccessible. (shrink)

Perceptual experiences justify beliefs—that much seems obvious. As Brewer puts it, “sense experiential states provide reasons for empirical beliefs” (this volume, xx). In Mind and World McDowell argues that we can get from this apparent platitude to the controversial claim that perceptual experiences have conceptual content: [W]e can coherently credit experiences with rational relations to judgement and belief, but only if we take it that spontaneity is already implicated in receptivity; that is, only if we take it that experiences have (...) conceptual content. (1994, 162) Brewer agrees. Their view is sometimes called conceptualism; nonconceptualism is the rival position, that experiences have nonconceptual content. One initial obstacle is understanding what the issue is. What is conceptual content, and how is it different from nonconceptual content? Section 1 of this paper explains two versions of each of the rival positions: state (non)conceptualism and content (non)conceptualism; the latter pair is the locus of the relevant dispute. Two prominent arguments for content nonconceptualism—the richness argument and the continuity argument—both fail (section 2). McDowell’s and Brewer’s epistemological defenses of content conceptualism are also faulty (section 3). Section 4 gives a more simple-minded case for conceptualism; finally, some reasons are given for rejecting the claim—on one natural interpretation—that experiences justify beliefs. (shrink)

There are at least two different aspects of our rational evaluation of agents’ doxastic attitudes. First, we evaluate these attitudes according to whether they are supported by one’s evidence (substantive rationality). Second, we evaluate these attitudes according to how well they cohere with one another (structural rationality). In previous work, I’ve argued that substantive and structural rationality really are distinct, sui generis, kinds of rationality – call this view ‘dualism’, as opposed to ‘monism’, about rationality – by arguing that the (...) requirements of substantive and structural rationality can come into conflict. In this paper, I push the dialectic on this issue forward in two main ways. First, I argue that the most promising ways of resisting the diagnosis of my cases as conflicts still end up undermining monism in different ways. Second, supposing for the sake of argument that we should understand the cases as conflicts, I address the question of what we should do when such conflicts arise. I argue that, at least in a prominent kind of conflict case, the coherence requirements take precedence over the evidential requirements. (shrink)

Context-sensitive expressions appear ill suited to the purpose of sharing content across contexts. Yet we regularly use them to that end (in regulations, textbooks, memos, guidelines, laws, minutes, etc.). This paper describes the utility of the concept of a metacontext for understanding cross-contextual content-sharing with context-sensitive expressions. A metacontext is the context of a group of contexts: an infrastructure that can channel non-linguistic incentives on content ascription so as to homogenize the content ascribed to context-sensitive expressions in each context in (...) the group. Documents composed of context-sensitive expressions can share content across contexts when supported by an appropriate metacontext. The bible has its church, the textbook its education system, the form its bureaucracy, and the manifesto its social movement. Some metacontexts support cross-contextual content-sharing. Some don’t. A promising research programme (one with practical importance) would take metacontexts as its unit of analysis. (shrink)

Comment on Brogaard's Seeing and Saying (OUP 2018).

A survey of color science and color vision.

To controlforceaccurately under a wide range of behavioral conditions, the central nervous system would either require a detailed, continuously updated representation of the state of each muscle (and the load against which each is acting) or else force feedback with sufficient gain to cope with variations in the properties of the muscles and loads. The evidence for force feedback with adequate gain or for an appropriate central representation is not sufficient to conclude that force is the major controlled variable in (...) normal limb movements.Morton's hypothesis, thatlengthis controlled by a follow-up servo, has a number of difficulties related to the delays, gains, variability, and specificity in feedback pathways comprising potential servo loops. However, experimental evidence is consistent with these pathways providing servo assistance for some movements produced by coactivation of α- and static γ-motoneurons. Dynamic γ-motoneurons may provide an additional input for adaptive control of different types of movements.The idea that feedback is used to compensate for changes in musclestiffnesshas received experimental support under static postural conditions. However, reflexes tend to increase rather than decrease the range of variation in muscle stiffness during some cyclic movements. Theoretical problems associated with the regulation of stiffness are also discussed. The possibilities of separate control systems forvelocityorviscosityare considered, but the evidence is either negative or lacking. I conclude that different physical variables can be controlled depending on the type of limb movement required. The concept of stiffness regulation is also useful under some conditions, but should probably be extended to the regulation of the visco-elastic properties (i.e., the mechanical impedance) of a muscle or joint. (shrink)

Money isn’t everything, so what is? Many government leaders, social policy theorists, and members of the general public have a ready answer: happiness. This paper examines an opposing view due to Robert Nozick, which centres on his experience-machine thought experiment. Despite the example's influence among philosophers, the argument behind it is riddled with difficulties. Dropping the example allows us to re-version Nozick's argument in a way that makes it far more forceful - and less dependent on people's often divergent intutions (...) about the experience machine. [DOWNLOAD AVAILABLE at oro.open.ac.uk repository, link below]. (shrink)

Within the history of African American struggle against racist oppression that often verges on dystopia, a hidden tradition has depicted a transfigured world. Daring to speculate on a future beyond white supremacy, black utopian artists and thinkers offer powerful visions of ways of being that are built on radical concepts of justice and freedom. They imagine a new black citizen who would inhabit a world that soars above all existing notions of the possible. In Black Utopia, Alex Zamalin offers (...) a groundbreaking examination of African American visions of social transformation and their counterutopian counterparts. Considering figures associated with racial separatism, postracialism, anticolonialism, Pan-Africanism, and Afrofuturism, he argues that the black utopian tradition continues to challenge American political thought and culture. Black Utopia spans black nationalist visions of an ideal Africa, the fiction of W. E. B. Du Bois, and Sun Ra’s cosmic mythology of alien abduction. Zamalin casts Samuel R. Delany and Octavia E. Butler as political theorists and reflects on the antiutopian challenges of George S. Schuyler and Richard Wright. Their thought proves that utopianism, rather than being politically immature or dangerous, can invigorate political imagination. Both an inspiring intellectual history and a critique of present power relations, this book suggests that, with democracy under siege across the globe, the black utopian tradition may be our best hope for combating injustice. (shrink)

Skepticism about the internal world is actually more troubling than skepticism about the external world.

There is a correlation between positions taken on some scientific questions and political leaning. One way to explain this correlation is the cultural cognition hypothesis (CCH): people's political leanings are causing them to process evidence to maintain fixed answers to the questions, rather than to seek the truth. Another way is the different background belief hypothesis (DBBH): people of different political leanings have different background beliefs which rationalize different positions on these scientific questions. In this article, I argue for two (...) things. I argue that two attempts by proponents of the CCH to discredit the DBBH fail. And I argue that this matters, because while the CCH makes epistemic paternalistic interventions seem called for (as some philosophers have argued compellingly), the DBBH does not. The DBBH makes it much easier to stay closer to an ideal of deliberative democracy. (shrink)

A 20th anniversary edition of the art classic that celebrates the intersection of creative expression and spirituality—from one of the greatest living artists of our time Twenty years after the original publication of The Mission of Art, Alex Grey’s inspirational message affirming art’s power for personal catharsis and spiritual awakening is stronger than ever. In this special anniversary edition, Grey—visionary painter, spiritual leader, and best-selling author—combines his extensive knowledge of art history with his own experiences in creating art at (...) the boundaries of consciousness. Grey examines the roles of conscience and intention in the creative process, including practical techniques and exercises useful in exploring the spiritual dimensions of art. Challenging and thought-provoking, The Mission of Art will be appreciated by everyone who has ever contemplated the deeper purpose of creative expression. (shrink)

What can we do—and what should we do—to fight against bias? This final chapter introduces empirically-tested interventions for combating implicit (and explicit) bias and promoting a fairer world, from small daily-life debiasing tricks to larger structural interventions. Along the way, this chapter raises a range of moral, political, and strategic questions about these interventions. This chapter further stresses the importance of admitting that we don’t have all the answers. We should be humble about how much we still don’t know and (...) dedicate efforts to gathering as much knowledge as possible. Even so, we know enough now to start making a difference, and this chapter ultimately aims to chip away at the gap between our abstract commitments to treat people fairly and our lived habits and experiences, which continue to be shaped by implicit and explicit prejudices and stereotypes about race, gender, and other social categories. (shrink)

A survey of arguments for and against the view that colors are physical properties.

This paper argues that climate injustice will be compounded in the future as a result of the deferred nature of many climate impacts. My claim is that the temporal disconnect between emissions and climate harm threatens future people’s ability to access what I call “resistance goods,” which rely on forms of address, often realised in oppositional political action. I identify three resistance goods—self-assertion, solidarity and testimony—and show that each is threatened by the temporality of climate change. A compound of climate (...) injustice is that it will be experienced as demeaning, isolating and silencing by many future people. (shrink)

In queste pagine è delineata la vicenda esistenziale e intellettuale di Edith Stein. Donna straordinaria, è stata capace di racchiudere nella sua persona molte "possibili" vite. Le ha realizzate come ebrea e cattolica, fenomenologa e filosofa cristiana, docente e monaca carmelitana, agnostica e santa. Si tratta di un processo vitale dagli apparenti salti qualitativi, i quali si volgono all'ascolto di un medesimo nucleo identitario. Questa viva "formazione di sé" ha condotto Edith Stein a una "donazione di sé", culminata (...) nell'Olocausto. Il Diario di Edith si sovrappone ai pensieri di Angela Ales Bello, in veste di narratrice d'eccezione. Con la sentita partecipazione della narratrice, e insieme mantenendo il distacco critico della studiosa, viene scoperta la storia di un'anima. Le emozioni e le conquiste intellettuali trovano una sintesi grazie al peculiare approccio ai "fenomeni" che Edith Stein aveva appreso alla scuola di Edmund Husserl, di Tommaso d'Aquino e di Teresa D'Avila. Sintesi mirabile di pensatori che "si danno la mano" al di là dello spazio e del tempo--Front flap. (shrink)

Siegel and Byrne debate whether perceptual experiences present rich properties or exclusively thin properties.

Speciesism, broadly understood as the view that species membership is a morally relevant property, has been a central topic of debate within animal ethics for around 50 years. However, in all this time, animal ethicists have paid relatively scant attention to the nature of species membership itself. This seems potentially regrettable, since species membership's precise nature is presumably highly pertinent to the question of its exact moral relevance. Here, I advocate for a ‘species-focused’ approach to assessing speciesism, arguing that, in (...) debating the merits of speciesism, animal ethicists should (i) centre the nature of species membership, and (ii) consult philosophers of biology. Adherence to this second prescription appears necessary since a lot of what philosophers of biology believe regarding the nature of species membership appears contrary to what many animal ethicists have seemingly assumed. (shrink)

'What would happen if everyone acted that way?' This question is often used in everyday moral assessments, but it has a paradoxical quality: it draws not only on Kantian ideas of a universal moral law but also on consequentialist claims that what is right depends on the outcome. In this book, Alex Tuckness examines how the question came to be seen as paradoxical, tracing its history from the theistic approaches of the seventeenth century to the secular accounts of the (...) present. Tuckness shows that the earlier interpretations were hybrid theories that included both consequentialist and non-consequentialist elements, and argues that contemporary uses of this approach will likewise need to combine consequentialist and non-consequentialist commitments. (shrink)

A. G. Long presents a new account of the importance of conversation in Plato's philosophy.

Originally published in 1961. The essays in this volume focus on the awareness of science and art, evolution and Freudian psychology. Besides the chapter on Darwin and Freud, the author discusses criticism, the fantasy element in drama and popular literature, the history of the novel, the motivation of science and the function of erotic art.

This paper identifies the major failings of mainstream economics and the rational choice theory it relies upon. These failures were identified by the four figures mentioned in the title: economics treats agents as rational fools; by the time the long … More ›.

Excerpt: 1. Introduction This chapter provides insight into the diverse ethical debates on genetics and epigenetics. Much controversy surrounds debates about intervening into the germline genome of human embryos, with catchwords such as genome editing, designer baby, and CRISPR/Cas. The idea that it is possible to design a child according to one’s personal preferences is, however, a quite distorted view of what is actually possible with new gene technologies and gene therapies. These are much more limited than the editing and (...) design metaphors suggest. Such metaphors are therefore highly problematic phrases in the context of new gene technologies, for two reasons. On one hand, to design a child of choice by modifying the genome would require modifying any gene of choice, which is more than can be done with current gene technologies, such as CRISPR/Cas. On the other hand, a modification of genes would need to be enough to create any characteristic of choice in the future child. The latter presupposes the assumption of genetic determinism. Moreover, the CRISPR/Cas technology can not only be used in a potentially therapeutic manner at the germline level. In addition, there is the (more likely) scenario of a future clinical therapeutic use of these new gene technologies for modifying the DNA sequence of other cells of the body (somatic genome editing). There is also the option of modifying the epigenome, that is, the spatial configuration of DNA (epigenome editing) (see table 1). Like genetics and genome editing, epigenetics has been at the center of recent popular scientific and ethical discourse as well as scientific debates. The concept of epigenetics has given rise to very different notions of inheritability and responsibility for health, which, however, are oftentimes based on scientifically controversial basic assumptions. That there continues to be covert genetic determinism in the form of epigenetic determinism (see table 2) in debates about epigenetics has been pointed out in ethical analyses of epigenetics. Neither genetic determinism nor epigenetic determinism has been confirmed scientifically. It is therefore important to recognize the concepts that are discussed (and sometimes harshly criticized) in debates about genome editing and epigenetics—for example, concepts about the causal role of DNA for our own life course. This importance is based on the fact that if we understand such controversial concepts, we will be able to remain critical when evaluating scientific knowledge and ethical arguments about genome editing and epigenetics. This chapter, therefore, explains some of these concepts. For an ethical analysis of epigenetics as well as of genome editing, it is necessary to understand and critically reflect upon the underlying concepts of genetic determinism and other, related -isms. The following section offers a detailed introduction to these -isms (section 2; see also table 2). Section 3 provides an ethical analysis of genome editing and epigenetics based on the explanations in section 2. Section 3 focuses on inheritability and responsibility, justice, safety, the problem of consent, and the effects of genome editing and epigenetics on embryos and future generations. This section does not discuss in detail further points that can be found in ethical debates about epigenetics as well as in ethical debates about genome editing. These points include (among others): • fear that the findings of epigenetics and that the methods of genome editing are misused—this also with respect to eugenics and enhancement; • naturalness—an issue we mention in passing a few times in the following analysis; • a possible connection between the genome/epigenome and the concept of human dignity, and the derived danger of instrumentalization and infringement of autonomy when intervening in the genome or epigenome. Since current discourse about ethical issues associated with genome editing focuses mainly on germline interventions, which are, for instance, interventions into a human embryo’s genome, we mainly focus on germline interventions when comparing the debates on genome editing and on epigenetics in section 3. (shrink)

The Art Experience: An Introduction to Philosophy and the Arts takes readers on an engaging and accessible journey that explores a series of fundamental questions about the nature of art and aesthetic value. Three of these questions serve as the major sections for the book's 12 chapters: What makes something a work of art? How should we experience art in order to get the most out of it? And once we understand art, how should we evaluate whether it is good (...) or bad? Philosophical theory is illustrated with concrete examples: the paintings of Frida Kahlo, the music of Johann Sebastian Bach, the masks of the Nso people, and many others. Classic questions are balanced with cutting-edge challenges, such as Linda Nochlin's work on the exclusion of women from the artistic canon. The Art Experience presupposes no prior knowledge of philosophy or art, and it will be of interest to any reader seeking an accessible and engaging introduction to this field. Along the way, readers learn how philosophical theories can affect our real-world experiences with painting, music, theater, and many more art forms. Key Features Accessible for any college student and assumes no knowledge of philosophy, art theory, or any artistic medium Organizes topics conceptually, rather than historically, allowing students to more easily grasp the core issues themselves rather than tracing their historical evolution Offers readers a large number of contemporary examples and a consistent focus on the way theory can affect people's real-world experiences with art Explores questions about bias - for example, whether the artistic canon has excluded some groups unfairly and whether definitions of art are Western-biased. (shrink)

In this article we frame a set of important issues in the emerging field of Mind, Brain, and Education in terms of three broad headings: methods, models, and morality. Under the heading of methods we suggest that the need for synthesis across scientific and practical disciplines entails the pursuit of usable knowledge via a catalytic symbiosis between theory, research, and practice. Under the heading of models the goal of producing usable knowledge should shape the construction of theories that provide comprehensive (...) accounts of human learning and development spanning multiple levels of analysis. Under the heading of morality usable knowledge must be put to good use: Its application and dissemination ought to be infused with moral considerations gleaned from dialogue among all those potentially affected. Generally, the field should be shaped not only by its constituent scientific disciplines but also by its applications to education and learning. Thus we argue for the adoption of a kind of pragmatism that would be best actualized by building research‐school collaborations between researchers and practitioners. (shrink)