Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.

Recent work takes both philosophical and scientific progress to consist in acquiring factive epistemic states such as knowledge. However, much of this work leaves unclear what entity is the subject of these epistemic states. Furthermore, by focusing only on states like knowledge, we overlook progress in intermediate cases between ignorance and knowledge—for example, many now celebrated theories were initially so controversial that they were not known. -/- This paper develops an improved framework for thinking about intellectual progress. Firstly, I argue (...) that we should think of progress relative to the epistemic position of an intellectual community rather than individual inquirers. Secondly, I show how focusing on the extended process of inquiry (rather than the mere presence or absence of states like knowledge) provides a better evaluation of different types of progress. This includes progress through formulating worthwhile questions, acquiring new evidence, and increasing credence on the right answers to these questions. I close by considering the ramifications for philosophical progress, suggesting that my account supports rejecting the most negative views while allowing us to articulate different varieties of optimism and pessimism. (shrink)

Despite playing an important role in epistemology, philosophy of science, and more recently in moral philosophy and aesthetics, the nature of understanding is still much contested. One attractive framework attempts to reduce understanding to other familiar epistemic states. This paper explores and develops a methodology for testing such reductionist theories before offering a counterexample to a recently defended variant on which understanding reduces to what an agent knows.

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

In his new book, Lewis D. Sargentich shows how two different kinds of legal argument - rule-based reasoning and reasoning based on principles and policies - share a surprising kinship and serve the same aspiration. He starts with the study of the rule of law in life, a condition of law that serves liberty - here called liberal legality. In pursuit of liberal legality, courts work to uphold people's legal entitlements and to confer evenhanded legal justice. Judges try to achieve (...) the control of reason in law, which is manifest in law's coherence, and to avoid forms of arbitrariness, such as personal moral judgment. Sargentich offers a unified theory of the diverse ways of doing law, and shows that they all arise from the same root, which is a commitment to liberal legality. (shrink)

Since Erik Erikson's clinical and psychohistorical writings of the 1950s and 1960s, the notion of identity has served as a bridge between formulations of personality development and the psychosocial aspects of cultural cohesiveness. More recently, under the influence of a postmodern perspective, clinical writers have questioned the notion of a stable, integrative identity or self as an organizing agent in human behavior. In the area of gender identity, particularly, feminist theorists have criticized the construction of polarized gender identities both for (...) their psychological inadequacy and their cultural bias.A parallel line of criticism has developed at the cultural or historical level. Writers such as Benedict Anderson and Ernest Gellner have effectively contrasted the shallow ideological and historical roots of nationalism with the effort to base national identity on the appeal to tradition and continuity. Other writers have emphasized the heterogeneous condition of the contemporary nation in a postcolonial world. They contrast a static concept of cultural or national identity to a more fluid notion which incorporates the ongoing process of displacement that, they argue, characterizes national discourse. The identity structures that emerge from this critique, both within a clinical and a historical setting, are more ambiguous and unstable, and reflect the heterogeneous experience of contemporary culture.World historians such as William McNeill and Theodore von Laue have cited the boundedness of historians within their own cultural identities as a significant obstacle to the development of an intercultural approach to world history. These postmodern reformulations of identity theory challenge the notion of cultural boundedness by emphasizing the discontinuities endemic to modern life and the inescapably plural character of contemporary identity. (shrink)

The quality of potential symmetries of the similarity structure of the Basic Colour Terms has been assessed. The assessment was made on the basis of a database of similarity judgements, made by subjects in response to linguistically expressed questions. All potential symmetries can be statistically rejected, although the well-known and some novel interpretable symmetries are shown to be approximately correct.

What should we do about low conviction rates for sexual offences? Much of the discussion focuses on the problem of prosecution: i.e. too few accusations of sexual assault make their way to court. Here, I want to consider the problem from a different angle—namely, what should we do if prosecution rates rise, but conviction rates do not? After all, prosecutions are not an end in themselves. The problem is that too few people who are guilty of sexual assault are being (...) punished. So, what steps, if any, should be taken if conviction rates fail to rise along with prosecution rates? (shrink)

Review of 'What is Political Philosophy?' by Charles Larmore, Princeton University Press 2020.

Background Studying global health problems requires international multidisciplinary teams. Such multidisciplinarity and multiculturalism create challenges in adhering to a set of ethical principles across different country contexts. Our group on health system responses to violence against women (VAW) included two universities in a European high-income country (HIC) and four universities in low-and middle-income countries (LMICs). This study aimed to investigate professional and policy perspectives on the types, causes of, and solutions to ethical challenges specific to the ethics approval stage of (...) the global research projects on health system responses to VAW. Methods We used the Network of Ethical Relationships model, framework method, and READ approach to analyse qualitative semi-structured interviews (n = 18) and policy documents (n = 27). In March-July 2021, we recruited a purposive sample of researchers and members of Research Ethics Committees (RECs) from the five partner countries. Interviewees signposted policies and guidelines on research ethics, including VAW. Results We developed three themes with eight subthemes summarising ethical challenges across three contextual factors. The global nature of the group contributed towards power and resource imbalance between HIC and LMICs and differing RECs’ rules. Location of the primary studies within health services highlighted differing rules between university RECs and health authorities. There were diverse conceptualisations of VAW and vulnerability of research participants between countries and limited methodological and topic expertise in some LMIC RECs. These factors threatened the timely delivery of studies and had a negative impact on researchers and their relationships with RECs and HIC funders. Most researchers felt frustrated and demotivated by the bureaucratised, uncoordinated, and lengthy approval process. Participants suggested redistributing power and resources between HICs and LMICs, involving LMIC representatives in developing funding agendas, better coordination between RECs and health authorities and capacity strengthening on ethics in VAW research. Conclusions The process of ethics approval for global research on health system responses to VAW should be more coordinated across partners, with equal power distribution between HICs and LMICs, researchers and RECs. While some of these objectives can be achieved through education for RECs and researchers, the power imbalance and differing rules should be addressed at the institutional, national, and international levels. Three of the authors were also research participants, which had potential to introduce bias into the findings. However, rigorous reflexivity practices mitigated against this. This insider perspective was also a strength, as it allowed us to access and contribute to more nuanced understandings to enhance the credibility of the findings. It also helped to mitigate against unequal power dynamics. (shrink)

Our model integrates the nativist assumption of prespecified neural structures underpinning basic emotions with the constructionist view that emotions are assembled from psychological constituents. From a dynamic systems perspective, the nervous system self-organizes in different ways at different time scales, in relation to functions served by emotions. At the evolutionary scale, brain parts and their connections are specified by selective pressures. At the scale of development, connectivity is revised through synaptic shaping. At the scale of real time, temporary networks of (...) synchronized activity mediate responses to situations. To the degree that humans share common emotional functions, neural structuration is similar across scales, giving rise to “basic” emotions. However, unique developmental and situational factors select for neural configurations mediating emotional variants. (shrink)

This is the story of North Carolina parent choice advocates' push for the creation and expansion of choice policies in the state. The exploration of the politics, ideology, and interests surrounding parent choice in this conversation includes but also stretches beyond the most frequently discussed choice policies of charter schools, school vouchers, and tuition tax credits. Here, Lewis makes the argument that parents push for these policies are closely akin to parents' rejection of busing and redistricting policies in Charlotte-Mecklenburg and (...) Raleigh-Durham, parents' advocating for the state-support of home-schooling options across the state, and parents' pushing for the expansion of magnet and intradistrict choice options. He shows how central to parents' advocacy for all of these policies lies a more foundational desire to reconceputalize public schooling, with parents having much more individual control over how public funding is used for the education of their children. (shrink)

If I were asked to put forward an ethical principle which I considered to be especially certain, it would be that no one can be responsible, in the properly ethical sense, for the conduct of another. Responsibility belongs essentially to the individual. The implications of this principle are much more far-reaching than is evident at first, and reflection upon them may lead many to withdraw the assent which they might otherwise be very ready to accord to this view of responsibility. (...) But if the difficulties do appear to be insurmountable, and that, very certainly, does not seem to me to be the case, then the proper procedure will be, not to revert to the barbarous notion of collective or group responsibility, but to give up altogether the view that we are accountable in any distinctively moral sense. (shrink)

ABSTRACT Four decades ago, Gerald Kramer showed that economic conditions affect electoral outcomes. Some researchers took this to mean that voters were self-interested, voting their “pocketbooks,” while others, such as Leif Lewin, took it to mean that voters were sociotropic, motivated by the public interest—and therefore altruistic. It is important, however, to avoid conflating sociotropic voters with altruistic ones. Voters might be voting in favor of politicians or parties that they think will further the public interest as an indirect route (...) to furthering their own interests, as members of the public. More research, perhaps conducted using novel methodologies, is needed in order to settle the extent to which voters are motivated by self-interest or by the public interest. (shrink)

ABSTRACT Four decades ago, Gerald Kramer showed that economic conditions affect electoral outcomes. Some researchers took this to mean that voters were self-interested, voting their “pocketbooks,” while others, such as Leif Lewin, took it to mean that voters were sociotropic, motivated by the public interest—and therefore altruistic. It is important, however, to avoid conflating sociotropic voters with altruistic ones. Voters might be voting in favor of politicians or parties that they think will further the public interest as an indirect route (...) to furthering their own interests, as members of the public. More research, perhaps conducted using novel methodologies, is needed in order to settle the extent to which voters are motivated by self-interest or by the public interest. (shrink)

Today it would seem that being fatigued is a fairly common physical and psychological effect of educational systems based on an increasing demand for high-yield performance quotas. In higher education, ‘publish or perish’ is a kind of imperative to perform, perform better, and perform optimally leading to an overall economy of fatigue. In this paper we provide a critical theory of what we are calling the ‘fatigue university.’ While highlighting the negative costs of fatigue, we also provide a philosophical distinction (...) between tiredness and exhaustion that disrupts the biopolitics of fatigue from the inside. To do so, we turn to Gilles Deleuze and Giorgio Agamben whose writings on exhaustion point to its educational importance. Indeed, it is through the very ‘illnesses’ of exhaustion that the biopolitics of research can be problematized and opened up for new configurations. (shrink)

ABSTRACT Four decades ago, Gerald Kramer showed that economic conditions affect electoral outcomes. Some researchers took this to mean that voters were self-interested, voting their “pocketbooks,” while others, such as Leif Lewin, took it to mean that voters were sociotropic, motivated by the public interest—and therefore altruistic. It is important, however, to avoid conflating sociotropic voters with altruistic ones. Voters might be voting in favor of politicians or parties that they think will further the public interest as an indirect route (...) to furthering their own interests, as members of the public. More research, perhaps conducted using novel methodologies, is needed in order to settle the extent to which voters are motivated by self-interest or by the public interest. (shrink)

The path of those who would approach the study of Bentham's writings on Evidence has been considerably smoothed by the recent publication of William Twining's work on the evidence theories of Bentham and Wigmore. The material on evidence is now being tackled by the Bentham Project. It presents no easy task. The central core, The Rationale of Judicial Evidence, edited and published by John Stuart Mill in 1827, exists only in the printed version, the MSS from which Mill worked having (...) disappeared. But a substantial body of related material which survives has yet to be thoroughly investigated, though William Twining has made a gallant start. A new edition of the work hitherto known as ‘An Introductory View of the Rationale of Evidence’, first printed in full in the Bowring edition of the Works of Jeremy Bentham is in preparation. The first fruits of this endeavour is that the title of that work as it should appear in due course in the new Collected Works will be Introduction to the Rationale of Evidence: An Introductory View for the Use of Lawyers as well as Non-lawyers, the title in fact given to the work by Bentham. It is intended that what follows should similarly be of use to non-lawyers as well as lawyers. (shrink)

Efforts to bridge emotion theory with neurobiology can be facilitated by dynamic systems (DS) modeling. DS principles stipulate higher-order wholes emerging from lower-order constituents through bidirectional causal processes cognition relations. I then present a psychological model based on this reconceptualization, identifying trigger, self-amplification, and self-stabilization phases of emotion-appraisal states, leading to consolidating traits. The article goes on to describe neural structures and functions involved in appraisal and emotion, as well as DS mechanisms of integration by which they interact. These mechanisms (...) include nested feedback interactions, global effects of neuromodulation, vertical integration, action-monitoring, and synaptic plasticity, and they are modeled in terms of both functional integration and temporal synchronization. I end by elaborating the psychological model of emotion–appraisal states with reference to neural processes. (shrink)

This paper explores an emerging sub-field of both empirical bioethics and experimental philosophy, which has been called “experimental philosophical bioethics” (bioxphi). As an empirical discipline, bioxphi adopts the methods of experimental moral psychology and cognitive science; it does so to make sense of the eliciting factors and underlying cognitive processes that shape people’s moral judgments, particularly about real-world matters of bioethical concern. Yet, as a normative discipline situated within the broader field of bioethics, it also aims to contribute to substantive (...) ethical questions about what should be done in a given context. What are some of the ways in which this aim has been pursued? In this paper, we employ a case study approach to examine and critically evaluate four strategies from the recent literature by which scholars in bioxphi have leveraged empirical data in the service of normative arguments. (shrink)

The author presents a critical discussion and review of the book entitled "new essays in philosophical theology" which takes account of various forms of philosophical interest in religion. (staff).

It is notorious that great philosophers are apt to be misunderstood. Controversy rages about their work, and sometimes they are credited with completely contradictory views. Consider the sharply contrasted opinions of Plato's political thought by Sir Karl Popper, on the one hand, and G. C. Field and H. B. Acton on the other.

It is easy to dispose of the historical aspect of this question. When Aristotle affirmed that the family is more natural than the State, in the sense of original rather than final or necessary, and taught his contemporaries to regard the State as the result of a gradual development through the family and the tribe, he adopted a viewpoint which would probably find universal endorsement to-day. Only a particularly perverse writer would endeavour to revive the controversy as to whether or (...) not the institution of the State began with explicit resolutions concluded at a specific date. No doubt there are plentiful instances of the establishment of particular States through some agreement or contract on the part of its members. The case of the Pilgrim Fathers is often cited as a classical example. But this does not give us an original contract. We should seek one in vain. (shrink)

The author attempts to refute three objections to his claim that the state presupposes an agreement to be governed on the part of its members. (staff).

Belief in the ultimacy and distinctiveness of ethical principles has been challenged in many ways to-day. The advance of science, especially in the fields of psychology and anthropology, has provided the relativist and the sceptic with many new weapons to put in their armoury; and the positivist has launched a very subtle attack. The present state of society, both in the internal affairs of the peoples of the world and in their inter-relations, has brought many moral principles into contempt. But (...) there have also been notable advances, especially where more self-effacing virtue is concerned. Philosophers have also rebutted the attacks of the sceptic with peculiar incisiveness and vigour; indeed we know better to-day than at any other time just what we must hold if the objectivity of ethics is to be maintained. How the battle is going is by no means easy to determine. But there is one corner of the field, and that the one from which the most powerful attack of all may be delivered, which the upholder of the ultimacy of moral truths has left almost wholly undefended, so lightly does he estimate the danger from that quarter. That is the religious one. Account has been taken of the arguments of the sociologist and the Freudian psychologist, but it has been assumed, with astonishing naïveté, that religion is an ally to be wholly relied upon. But morality and religion have often been in conflict, and they seem to be so as much as ever to-day. For some of the most powerful forces in our religious life, and those which are in some ways most attuned to our needs, seem to be wholly inimical to the moral life. It is with this aspect of the vast problem of morality and religion that we can best concern ourselves in a course with the general title of “Moral and Political Conflicts of Our Time.”. (shrink)

Poetry has to do with reality in its most individual aspect. It is thus at the opposite pole to science, and out of its reach. Studies like The Road to Xanadu , highly valuable though they may be in one way, do not help us in any measure to understand what poetry in itself is; nor do they heighten substantially our appreciation of poetry. This may seem rather obvious, but it is not in fact idle to say it. For our (...) thought is apt to be unduly coloured to-day by the progress of science, and some of the votaries of science are prone to regard it, in the Biblical phrase, as ‘profitable unto all things.’ These are less naïve to-day than their prototypes a century ago, and they have a subtler psychology at their disposal when they turn to art. But their view is no less pernicious for that reason. Science has very certain limits, and we only bring it into contempt by forcing upon it a forlorn and unnatural enterprise beyond its own terrain. Some scientists, and they include eminent persons like Julian Huxley, have made that mistake in regard to our ideas of right and wrong, and have endeavoured to develop a science of ethics. It is not to the purpose here to expose the confusions involved in this particular act of aggression on the part of science. Science has nothing to do, in the final analysis, with our ideas of right and wrong. And it is also true, quite apart from ultimate questions about the meaning of value, that we cannot give a scientific analysis of art. Science may indeed help us to understand matters incidental to the pursuit of artistic activities. (shrink)