This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence of (...) an event, e.g., based on witness testimony, are central. In a story-based approach, evidence is evaluated and interpreted from the perspective of the factual stories as they may have occurred in a case, e.g., as they are defended by the prosecution. In this paper, we argue that both arguments and narratives are relevant and useful in the reasoning with and interpretation of evidence. Therefore, a hybrid approach is proposed and formally developed, doing justice to both the argument-based and the narrative-based perspective. By the formalization of the theory and the associated graphical representations, our proposal is the basis for the design of software developed as a tool to make sense of the evidence in complex cases. (shrink)

Epistemic defeat is standardly understood in either evidentialist or responsibilist terms. The seminal treatment of defeat is an evidentialist one, due to John Pollock, who famously distinguishes between undercutting and rebutting defeaters. More recently, an orthogonal distinction due to Jennifer Lackey has become widely endorsed, between so-called doxastic (or psychological) and normative defeaters. We think that neither doxastic nor normative defeaters, as Lackey understands them, exist. Both of Lackey’s categories of defeat derive from implausible assumptions about epistemic responsibility. Although Pollock’s (...) evidentialist view is superior, the evidentialism per se can be purged from it, leaving a general structure of defeat that can be incorporated in a reliabilist theory that is neither evidentialist nor responsibilist in any way. (shrink)

Introduction -- What is political judgment? -- Foundations: Plato and Aristotle -- The Kantian Problematic -- The Arendtian Theory of Judgment -- Hermeneutics, tacit knowledge and neo-rationalism.

The case of very young children is a test case for the plausibility of reductionism about testimonial warrant. Reductionism requires reductive reasons, reductively justified and actively deployed for testimonial justification. Though nascent language-users enjoy warranted testimony based beliefs, they do not meet these three reductionist demands. This paper clearly formulates reductionism and the infant/child objection. Two rejoinders are discussed: an influential conceptual argument from Jennifer Lackey’s paper “Testimony and the Infant/Child Objection” and the growing empirical evidence from developmental psychology on (...) selective trust in children. Neither Lackey’s argument nor the empirical evidence vindicate reductionism. (shrink)

Historically, the hypothesis driving emotion research has been that emotion’s data-base—in language, physiology, and behavior— is organized around specific mental states, as reflected in evaluative language. It is suggested that this approach has not greatly advanced a natural science of emotion and that the developing motivational model of emotion defines a better path: emotion is an evolved trait founded on motivational neural circuitry shared by mammalian species, primitively prompting heightened perceptual processing and reflex mobilization for action to appetitive or threatening (...) survival cues. As the field moves forward with increasingly sophisticated measurement technology and assessing more complex affective functioning, scientific understanding of human emotion will proceed best within the framework of this mammalian brain model. (shrink)

Social knowledge, for the most part, is knowledge through testimony. This essay is an overview of the epistemology of testimony. The essay separates knowledge from justification, characterizes testimony as a source of belief, explains why testimony is a source of knowledge, canvasses arguments for anti-reductionism and for reductionism in the reductionism vs. anti-reductionism debate, addresses counterexamples to knowledge transmission, defends a safe basis account of testimonial knowledge, and turns to social norms as a partial explanation for the reliability of testimony.

The norm of assertion, to be in force, is a social norm. What is the content of our social norm of assertion? Various linguistic arguments purport to show that to assert is to represent oneself as knowing. But to represent oneself as knowing does not entail that assertion is governed by a knowledge norm. At best these linguistic arguments provide indirect support for a knowledge norm. Furthermore, there are alternative, non-normative explanations for the linguistic data (as in recent work from (...) Van Elswyk). Direct arguments would rely on normative judgments about the permissibility or impermissibility of assertions with and without the speaker knowing the content asserted. John Turri's work experimental results purport to show that our norm of assertion is factive, and probably knowledge. But as a number of recent experimentalists (Kneer, Reuter and Broessel, Marsili and Wiegmann) have shown, Turri's results rely on the problemmatic use of 'should' as in 'Maria should assert that she owns a 1990 watch.' Correcting for this, these experimentalists provide strong evidence that our norm of assertion is not factive. The standard reply to evidence like this from the assertion of unlucky falsehoods is the excuse maneuver. But Marsili and Wiegmann, following Turri's protocol for testing for excuse validation, show that participants who judge that assertions unlucky falsehoods are permissible are not guilty of excuse validation. Given our current understanding of the experimental evidence, knowledge is not our norm of assertion. (shrink)

This book is an anthology of commentary and criticism written within the transitional period between Alan Watts' 1973 death and the twenty-first century intellectual horizon. Comprised of 16 essays written and published between 1974 and 1994, with up-to-date introductions from the essayists and other contemporary thinkers, this volume opens a window onto unexplored grounds of Alan Watts' impact within late-twentieth-century discourse - an intermediate space where scholars reoriented their bearings through changing times and emerging academic trends. Offering varied explanations and (...) assessments of Alan Watts, including his influence on the Beat and Hippie generations, and his popularization of Zen Buddhism in America, it tackles unaddressed questions within the milieu of late-twentieth century America from the Reagan Revolution and religious conservatism, to paradigm shifts in Buddhist studies and the rise of post-colonial theory. Contributors' post-mortem analyses and critiques of Watts allow for a thematic rendering of their consonance or dissonance with noted Beat, Hippie, and Zen Buddhism themes of his lifetime. This volume will appeal to scholars and students of humanistic psychology, transpersonal psychology, the psychology of religion, comparative religion, and American studies. (shrink)

Politics is, at its core, a kind of activity, a particular type of doing. It comprises a distinctive and varied repertoire of human practices that we regularly characterize as political and that we think of as somehow defining the essence of public life. One might say that specific forms of political engagement are to politics as batting, throwing, catching and running are to baseball. They constitute, in effect, the sum and substance of the enterprise.

Bishop Elliott's book is a great tool for defending Catholic sexual ethics as humane and reasonable. His experience representing the Holy See at the United Nations has given him a ring-side seat in the battles showing just how radical the sexual revolutionaries really are. He offers a rare combination of sound theology and practical experience." -- Jennifer Roback Morse [taken from back cover].

Yugoslavia was the site of unorthodox thinking on multiple fronts during the postwar period. In addition to the geopolitical innovation of the “non-aligned movement” and its domestic attempt at “self-management socialism,” the intellectual environment in the country after Tito’s 1948 break with Stalin also allowed for the development of theoretical work that departed from the Marxism-Leninism of the rest of the communist bloc. One of the most important attempts to blend Marxism with decidedly non-Leninist elements comes from the Slovenian politician (...) and intellectual, France Bučar. In the postwar period, Bučar sought to link his political activity to his intellectual work by developing his own critical systems theory. Unlike the thinkers within the Soviet Union, he was able to explore theoretical resources beyond Karl Marx, focusing in particular the groundbreaking work of Max Weber. This resulted in an agent-centric approach to systems theory that highlights the importance of the individual and geopolitical ethics. This paper aims to situate Bučar’s work in the context of postwar Yugoslavia. In so doing, I bring Bučar into conversation with the most important movement that sought to bring Marx together with Weber from the Western side of the Iron Curtain, i.e. the Frankfurt School of critical theory. I argue that certain aspects of Bučar’s critical systems theory bear a striking resemblance to Habermas’s own attempts to integrate Weberian insights into his own version of critical theory. I conclude by reflecting on how Bučar’s work can be understood as a combination of Eastern praxis with Western critique. (shrink)

Through case studies on biodiversity, deforestation, pollution, and war, among others, Stoett analyzes the ability of international policy to provide environmental protection and discusses the ever-present factors of equality, sovereignty, and human rights integral to these issues. While providing a panoramic view of the actors and structures producing these policies. Stoett reminds readers that the topic is personal, that effective governance is not solely the responsibility of governments but of individuals and communities as well. Environmental diplomacy may not always meet (...) its intended goals, but positive steps are being achieved, and change can only happen when angst is replaced with an educated determination to work toward environmental justice. The Second Edition will explore new events, issues, and agreements since 2011; notably the Paris Agreement. The UN's Sustainable Development Goals (SDGs) will be a new theme added throughout and highlighted in each case study. (shrink)

This study examines the Verbum speculation of Nicholas of Cusa. The investigation concentrates equally on the concept of language that he inherited from medieval and Quattrocento sources and on the Christian theology of the Word that he wove together using his own resources and distinctive approaches. It includes a consideration of the resonances between Gadamer's hermeneutical theory and Cusanus's unfolding of a productive and rhetorically-oriented concept of the Word. The next section offers a detailed examination of the medieval and humanistic (...) sources for his theology of the Word, paying special attention to Albertism, Ramon Llull, and the role played by Heymeric of Camp. This study highlights a development in Cusanus's thought that takes place after 1450 towards a speculative synthesis of human ars through the semiotic appearance of the power and intentionality of the word. It is also argued that even in the late works Cusanus does not submit to the nominalist tendencies of the via moderna. A penultimate section offers a detailed study of the role of faith in the acceptance of the divine Word. Cusanus fuses the unformed discursive knowledge that is known by analogy with the formal certainty received through intellectual vision. Faith and speculative knowledge unite to lead the believer beyond the images that words convey to the unifying image of the divine Word. The last section reviews recent literature on language and theology in Nicholas of Cusa and indicates a path as to how research on the speculative thought of Cusanus and on intercultural theology could move forward together in the future. (shrink)

Acknowledgments 1. Culture Is Essential 2. Culture Exists 3. Culture Evolves 4. Culture Is an Adaptation 5. Culture Is Maladaptive 6. Culture and Genes Coevolve 7. Nothing about Culture Makes Sense except in the Light of Evolution.

The Management of Scientific Integrity within Academic Medical Centers discusses the impact scientific misconduct has in eight complex case studies. Authors look at multifaceted mixtures of improper behavior, poor communication, cultural issues, adverse medical/health issues, interpersonal problems and misunderstandings to illustrate the challenge of identifying and managing what went wrong and how current policies have led to the establishment of quasi legal processes within academic institutions. The book reviews the current global regulations and concludes with a section authored by a (...) US federal court judge who provides his perspective on the adequacy of current regulations and policies. (shrink)

Metaphysicians should pay attention to quantum mechanics. Why? Not because it provides definitive answers to many metaphysical questions-the theory itself is remarkably silent on the nature of the physical world, and the various interpretations of the theory on offer present conflicting ontological pictures. Rather, quantum mechanics is essential to the metaphysician because it reshapes standard metaphysical debates and opens up unforeseen new metaphysical possibilities. Even if quantum mechanics provides few clear answers, there are good reasons to think that any adequate (...) understanding of the quantum world will result in a radical reshaping of our classical world-view in some way or other. Whatever the world is like at the atomic scale, it is almost certainly not the swarm of particles pushed around by forces that is often presupposed. This book guides readers through the theory of quantum mechanics and its implications for metaphysics in a clear and accessible way. The theory and its various interpretations are presented with a minimum of technicality. The consequences of these interpretations for metaphysical debates concerning realism, indeterminacy, causation, determinism, holism, and individuality are explored in detail, stressing the novel form that the debates take given the empirical facts in the quantum domain. While quantum mechanics may not deliver unconditional pronouncements on these issues, the range of possibilities consistent with our knowledge of the empirical world is relatively small-and each possibility is metaphysically revisionary in some way. This book will appeal to researchers, students, and anybody else interested in how science informs our world-view. (shrink)

Like nature itself, modern economic life is driven by relentless competition and unbridled selfishness. Or is it? Drawing on converging evidence from neuroscience, social science, biology, law, and philosophy, Moral Markets makes the case that modern market exchange works only because most people, most of the time, act virtuously. Competition and greed are certainly part of economics, but Moral Markets shows how the rules of market exchange have evolved to promote moral behavior and how exchange itself may make us more (...) virtuous. Examining the biological basis of economic morality, tracing the connections between morality and markets, and exploring the profound implications of both, Moral Markets provides a surprising and fundamentally new view of economics--one that also reconnects the field to Adam Smith's position that morality has a biological basis. Moral Markets, the result of an extensive collaboration between leading social and natural scientists, includes contributions by neuroeconomist Paul Zak; economists Robert H. Frank, Herbert Gintis, Vernon Smith, and Bart Wilson; law professors Oliver Goodenough, Erin O'Hara, and Lynn Stout; philosophers William Casebeer and Robert Solomon; primatologists Sarah Brosnan and Frans de Waal; biologists Carl Bergstrom, Ben Kerr, and Peter Richerson; anthropologists Robert Boyd and Michael Lachmann; political scientists Elinor Ostrom and David Schwab; management professor Rakesh Khurana; computational science and informatics doctoral candidate Erik Kimbrough; and business writer Charles Handy. (shrink)

A history of science text imagining how evolutionary theory and biology would have been understood if Darwin had never published his "Origin of Species" and other works.--publisher summary.

What is the best account of process reliabilism about epistemic justification, especially epistemic entitlement? I argue that entitlement consists in the normal functioning (proper operation) of the belief-forming process when the process has forming true beliefs reliably as an etiological function. Etiological functions involve consequence explanation: a belief-forming process has forming true beliefs reliably as a function just in case forming-true beliefs reliably partly explains the persistence of the process. This account paves the way for avoiding standard objections to process (...) reliabilism and situations epistemic entitlement within a normative framework of functions and functional norms. (shrink)

How should we undertand the role of norms—especially epistemic norms—governing assertive speech acts? Mitchell Green (2009) has argued that these norms play the role of handicaps in the technical sense from the animal signals literature. As handicaps, they then play a large role in explaining the reliability—and so the stability (the continued prevalence)—of assertive speech acts. But though norms of assertion conceived of as social norms do indeed play this stabilizing role, these norms are best understood as deterrents and not (...) as handicaps. This paper explains the stability problem for the maintenance of animal signals, and so human communication, for we are animals too, after all; the mechanics of the handicap principle; the role of deterrents and punishments as an alternative mechanism; and the role of social norms governing assertion for the case of human communication. (shrink)

The prospect of using genome technologies to modify the human germline has raised profound moral disagreement but also emphasizes the need for wide-ranging discussion and a well-informed policy response. The Hinxton Group brought together scientists, ethicists, policymakers, and journal editors for an international, interdisciplinary meeting on this subject. This consensus statement formulated by the group calls for support of genome editing research and the development of a scientific roadmap for safety and efficacy; recognizes the ethical challenges involved in clinical reproductive (...) applications of genome editing but, importantly, rejects the idea that human reproductive germline modification is necessarily morally unacceptable; and highlights the importance of meaningful engagement in discussions of genome editing and the development of regulation and oversight mechanisms to govern future uses of such technologies. (shrink)

Starmaking brings together a cluster of work published over the past 35 years by Nelson Goodman and two Harvard colleagues, Hilary Putnam and Israel Scheffler, on the conceptual connections between monism and pluralism, absolutism and relativism, and idealism and different notions of realism -- issues that are central to metaphysics and epistemology. The title alludes to Goodman's famous defense of the claim that because all true representations of stars and other objects are human creations, it follows that in an important (...) sense the stars themselves are made by us. More generally, the argument moves from the fact that our right representations are constructed by us to the claim that the world itself is similarly constructed. Starmaking addresses the question of whether this seeming paradox can be turned into a serious philosophical view. Goodman and Putnam are sympathetic; Scheffler is the critic. Although many others continue to write about pluralism, relativism, and constructionalism, Starmaking brings together the protagonists in the debate since its beginnings and follows closely its still developing form and substance, focusing sharply on Goodman's claim that "we make versions, and right versions make worlds.". (shrink)