Legal reasoning requires identification through search of authoritative legal texts that apply to a given legal question. In this paper, using a network representation of US Supreme Court opinions that integrates citation connectivity and topical similarity, we model the activity of law search as an organizing principle in the evolution of the corpus of legal texts. The network model and probabilistic search behavior generates a Pagerank-style ranking of the texts that in turn gives rise to a natural geometry of the (...) opinion corpus. This enables us to then measure the ways in which new judicial opinions affect the topography of the network and its future evolution. While we deploy it here on the US Supreme Court opinion corpus, there are obvious extensions to large evolving bodies of legal text. The model is a proxy for the way in which new opinions influence the search behavior of litigants and judges and thus affect the law. This type of “legal search effect” is a new legal consequence of research practice that has not been previously identified in jurisprudential thought and has never before been subject to empirical analysis. We quantitatively estimate the extent of this effect and find significant relationships between search-related network structures and propensity of future citation. This finding indicates that “search influence” is a pathway through which judicial opinions can affect future legal development. (shrink)

Law search is fundamental to legal reasoning and its articulation is an important challenge and open problem in the ongoing efforts to investigate legal reasoning as a formal process. This Article formulates a mathematical model that frames the behavioral and cognitive framework of law search as a sequential decision process. The model has two components: first, a model of the legal corpus as a search space and second, a model of the search process that is compatible with that environment. The (...) search space has the structure of a “multi-network”—an interleaved structure of distinct networks—developed in earlier work. In this Article, we develop and formally describe three related models of the search process. We then implement these models on a subset of the corpus of U.S. Supreme Court opinions and assess their performance against two benchmark prediction tasks. The first is to predict the citations in a document from its semantic content. The second is to predict the search results generated by human users. For both benchmarks, all search models outperform a null model with the learning-based model outperforming the other approaches. Our results indicate that through additional work and refinement, there may be the potential for machine law search to achieve human or near-human levels of performance. (shrink)

In the original publication of the article.

When philosophers discuss the possibility of machines making scientific discoveries, they typically focus on discoveries in physics, biology, chemistry and mathematics. Observing the rapid increase of computer-use in science, however, it becomes natural to ask whether there are any scientific domains out of reach for machine discovery. For example, could machines also make discoveries in qualitative social science? Is there something about humans that makes us uniquely suited to studying humans? Is there something about machines that would bar them from (...) such activity? A close look at the methodology of interpretive social science reveals several abilities necessary to make a social scientific discovery, and one capacity necessary to possess any of them is imagination. For machines to make discoveries in social science, therefore, they must possess imagination algorithms. (shrink)

While philosophers hold that it is patently absurd to blame robots or hold them morally responsible [1], a series of recent empirical studies suggest that people do ascribe blame to AI systems and robots in certain contexts [2]. This is disconcerting: Blame might be shifted from the owners, users or designers of AI systems to the systems themselves, leading to the diminished accountability of the responsible human agents [3]. In this paper, we explore one of the potential underlying reasons for (...) robot blame, namely the folk's willingness to ascribe inculpating mental states or "mens rea" to robots. In a vignette-based experiment (N=513), we presented participants with a situation in which an agent knowingly runs the risk of bringing about substantial harm. We manipulated agent type (human v. group agent v. AI-driven robot) and outcome (neutral v. bad), and measured both moral judgment (wrongness of the action and blameworthiness of the agent) and mental states attributed to the agent (recklessness and the desire to inflict harm). We found that (i) judgments of wrongness and blame were relatively similar across agent types, possibly because (ii) attributions of mental states were, as suspected, similar across agent types. This raised the question - also explored in the experiment - whether people attribute knowledge and desire to robots in a merely metaphorical way (e.g., the robot "knew" rather than really knew). However, (iii), according to our data people were unwilling to downgrade to mens rea in a merely metaphorical sense when given the chance. Finally, (iv), we report a surprising and novel finding, which we call the inverse outcome effect on robot blame: People were less willing to blame artificial agents for bad outcomes than for neutral outcomes. This suggests that they are implicitly aware of the dangers of overattributing blame to robots when harm comes to pass, such as inappropriately letting the responsible human agent off the moral hook. (shrink)

This book fills a gap in studies of meaning by providing detailed case studies of attested corpus data on the meanings of words and phrases.

Tye's book develops a persuasive and, in many respects, original argument for the view that the qualitative side of our mental life is representational in..

Scientific understanding, this paper argues, can be analyzed entirely in terms of a mental act of “grasping” and a notion of explanation. To understand why a phenomenon occurs is to grasp a correct explanation of the phenomenon. To understand a scientific theory is to be able to construct, or at least to grasp, a range of potential explanations in which that theory accounts for other phenomena. There is no route to scientific understanding, then, that does not go by way of (...) scientific explanation. (shrink)

Machine learning algorithms pervade contemporary society. They are integral to social institutions, inform processes of governance, and animate the mundane technologies of daily life. Consistently, the outcomes of machine learning reflect, reproduce, and amplify structural inequalities. The field of fair machine learning has emerged in response, developing mathematical techniques that increase fairness based on anti-classification, classification parity, and calibration standards. In practice, these computational correctives invariably fall short, operating from an algorithmic idealism that does not, and cannot, address systemic, Intersectional (...) stratifications. Taking present fair machine learning methods as our point of departure, we suggest instead the notion and practice of algorithmic reparation. Rooted in theories of Intersectionality, reparative algorithms name, unmask, and undo allocative and representational harms as they materialize in sociotechnical form. We propose algorithmic reparation as a foundation for building, evaluating, adjusting, and when necessary, omitting and eradicating machine learning systems. (shrink)

Morals from Motives develops a virtue ethics inspired more by Hume and Hutcheson's moral sentimentalism than by recently-influential Aristotelianism. It argues that a reconfigured and expanded "morality of caring" can offer a general account of right and wrong action as well as social justice. Expanding the frontiers of ethics, it goes on to show how a motive-based "pure" virtue theory can also help us to understand the nature of human well-being and practical reason.

We ordinarily suppose that there is a difference between having and failing to exercise a rational capacity on the one hand, and lacking a rational capacity altogether on the other. This is crucial for our allocations of responsibility. Someone who has but fails to exercise a capacity is responsible for their failure to exercise their capacity, whereas someone who lacks a capacity altogether is not. However, as Gary Watson pointed out in his seminal essay ’Skepticism about Weakness of Will’, the (...) idea of an unexercised capacity is much more difficult to make sense of than it initially appears. The aim of ’Rational Capacities’ is to provide the needed explication of this idea. (shrink)

This book reconstructs the concept and practice of dialectics as a means of grounding a critical theory of society. At the center of this project is the thesis of phronetic criticism or a form of reason that is able to synthesize human value with objective rationality. This book argues that defects in modern forms of social reason are the result of the powers of social structure and the norms and purposes they embody. Increasingly, modern societies are driven not by substantive (...) values concerning human good but by the technical imperatives of economic management leading to a cultural condition of nihilism that has eroded dialectical consciousness. The first half of the book demonstrates the various ways that social power erodes and undermines critical-rational forms of consciousness. The second part of the book constructs an alternative basis for critical reason by showing how it requires seeing human value as essentially ontological: that is, constituted by objective forms of sociality that either promote human freedom or pervert our capacities and drives toward pathological forms of life. The philosophical claim is that a critical theory of ethics must be rooted in these concrete forms of life and that this will serve as a critical vantage point for critical political judgment and transformational praxis. Descent of the Dialectic will be of interest to researchers working in philosophy, political theory, social theory, and critical theory. (shrink)

Concepts and Cases in Nursing Ethics is an introduction to contemporary ethical issues in health care, designed especially for Canadian audiences. The book is organized around six key concepts: beneficence, autonomy, truth-telling, confidentiality, justice, and integrity. Each of these concepts is explained and discussed with reference to professional and legal norms. The discussion is then supplemented by case studies that exemplify the relevant concepts and show how each applies in health care and nursing practice. This new fourth edition includes an (...) added chapter on end-of-life issues, and it is revised throughout to reflect the latest developments on topics such as global health ethics, cultural competence, social media, and palliative sedation. (shrink)

This will be the best way of explaining ‘Paris is the lover of Helen’, that is, ‘Paris loves, and by that very fact [et eo ipso] Helen is loved’. Here, therefore, two propositions have been brought together and abbreviated as one. Or, ‘Paris is a lover, and by that very fact Helen is a loved one’.

Michael Tye untangles the complex web of empirical and conceptual issues of the newly revived imagery debate in psychology between those that liken mental...

It is only in the last three centuries that the formidable knowledge-making machine we call modern science has transformed our way of life and our vision of the universe - two thousand years after the invention of law, philosophy, drama and mathematics. Why did we take so long to invent science? And how has it proved to be so powerful?The Knowledge Machine gives a radical answer, exploring how science calls on its practitioners to do something apparently irrational- strip away all (...) previous knowledge - such as theological, metaphysical or political beliefs - and channel unprecedented energy into observation and experiment. In times of climate extremes, novel diseases and rapidly advancing technology, Strevens contends that we need more than ever to grasp the inner workings of our knowledge machine. (shrink)

Even though the measurement of fear of crime in criminological research commenced a few decades ago, specific populations, such as social activists, remain undocumented. This article is an attempt to address this gap. A study was conducted among 153 social activists involved in exposing corruption and irregularities that take place in the government system in India. This article explores the gap between the fear of crime and actual victimization among the specific social activists in India. The results indicate activists expressed (...) moderate fear of any one form of victimization including verbal and emotional, physical, and sexual victimization. It was also found that one-third of them have reported facing some form of abuse. The research implications are discussed. (shrink)

Georg Lukács was one of the most important intellectuals and philosophers of the 20th century. His last great work was an systematic social ontology that was an attempt to ground an ethical and critical form of Marxism. This work has only now begun to attract the interest of critical theorists and philosophers intent on reconstructing a critical theory of society as well as a more sophisticated framework for Marxian philosophy. This collection of essays explores the concept of critical social ontology (...) as it was outlined by Georg Lukács and the ways that his ideas can help us construct a more grounded and socially relevant form of social critique. This work will of special interest to social, moral and political philosophers as well as those who study critical theory, social theory and Marxism. It is also of interest to those working within the area of social ontology. (shrink)

Originally published in 1985 and now re-issued with a new preface, this study assesses the two major moral theories of ethical consequentialism and common-sense morality by means of mutual comparison and an attempt to elicit the implications and tendencies of each theory individually. The author shows that criticisms and defences of common-sense morality and of consequentialism give inadequate characterizations of the dispute between them and thus at best provide incomplete rationales for either of these influential moral views. Both theories face (...) inherent difficulties, some familiar but others mentioned for the first time in this work. The argument proceeds by reference to historical figures like Bentham, Ross and Sidgwick and to contemporary thinkers such as Williams, Nagel, Hare and Sen. (shrink)

Completely revised and updated in its Second Edition, Language and Reality provides students, philosophers and cognitive scientists with a lucid and provocative introduction to the philosophy of language.

Vioxx and the fear of science -- Vaccines and the great denial -- The organic fetish -- The era of echinacea -- Race and the language of life -- Surfing the exponential.

This paper argues that Kant’s concept of ‘respect’ for the moral law has roots in Adam Smith’s concept of ‘regard’ for the general rules of conduct, which was translated as Achtung in the first German translation of the Theory of Moral Sentiments. After illustrating that Kant’s technical understanding of respect appeared relatively late in his intellectual development, I argue that Kant’s concept of respect and Smith’s concept of regard share a basic similarity: they are both a single complex phenomenon with (...) two core aspects, namely an attitude and a feeling. I then suggest that the concept of regard offered Kant a way to deal a problem concerning moral motivation that he was trying to solve at the time he likely first read Smith. I conclude by drawing some implications from the account I have offered for our understanding of Kant’s relation to Smith more generally. (shrink)

Diese Studie weist nach, dass Nietzsche ein konsistentes und vollstäauml;ndiges Konzept der Ethik entwickelt hat. Es umfasst eine Handlungstheorie, die Bestimmung eines Begriffs des Guten und die Anwendung auf einzelne Verhaltensweisen im Sinne der Kontextgebundenheit praktischer Philosophie. Bei der Rekonstruktion des Verfassers stehen weniger die einzelnen Werke als ihr systematischer Zusammenhang im Zentrum. Füuuml;r Nietzsche bleibt Autonomie ohne den Bezug auf ein Handlungsziel im Sinn des Guten unbestimmt. Dass er auf diese Weise eine Position der antiken Ethik aufgreift, zeigt ein (...) Vergleich mit Platon. Gleichzeitig will Nietzsche sich nicht einfach von neuzeitlichen Moralkonzepten abgrenzen. Ihm geht es um eine hermeneutische Reflexion, welchen Sinn moralische Forderungen für das Selbst haben. Im Gegensatz zur aktuellen Debatte um Konzepte äauml;sthetischer Lebenskunst, die sich auf Nietzsche als ihr vermeintliches Vorbild beruft, zeigt die Studie: Nietzsche ist ein genuin ethischer Denker. (shrink)

Michael Tanner's readable introduction to Nietzsche's life and work examines the numerous ambiguities inherent in his writings. It also explodes the many misconceptions fostered in the hundred years since Nietzsche wrote, prophetically: 'Do not, above all, confound me with what I amnot!'.

This new book by Michael Slote argues that Western philosophy on the whole has overemphasized rational control and autonomy at the expense of the important countervailing value and virtue of receptivity. Recently the ideas of caring and empathy have received a great deal of philosophical and public attention, but both these notions rest on the deeper and broader value of receptivity, and in From Enlightenment to Receptivity, Slote seeks to show that we need to focus more on receptivity if (...) we are to attain a more balanced sense and understanding of what is important to us. -/- Beginning with a critique of Enlightenment thinking that calls into question its denial of any central role to considerations of emotion and empathy, he goes on to show how a greater emphasis on these factors and on the receptivity that underlies them can give us a more realistic, balanced, and sensitive understanding of our core ethical and epistemological values. This means rejecting post-modernism's blanket rejection of reason and of compelling real values and recognizing, rather, that receptivity should play a major role in how we lead our lives as individuals, in how we relate to nature, in how we acquire knowledge about the world, and in how we relate morally and politically with others. (shrink)

I claim that one way thought experiments contribute to scientific progress is by increasing scientific understanding. Understanding does not have a currently accepted characterization in the philosophical literature, but I argue that we already have ways to test for it. For instance, current pedagogical practice often requires that students demonstrate being in either or both of the following two states: 1) Having grasped the meaning of some relevant theory, concept, law or model, 2) Being able to apply that theory, concept, (...) law or model fruitfully to new instances. Three thought experiments are presented which have been important historically in helping us pass these tests, and two others that cause us to fail. Then I use this operationalization of understanding to clarify the relationships between scientific thought experiments, the understanding they produce, and the progress they enable. I conclude that while no specific instance of understanding (thus conceived) is necessary for scientific progress, understanding in general is. (shrink)

From the concrete experience of war, Michael S. Yandell constructs a phenomenology of “negative revelation” in which false or distorted claims of goodness and justice disintegrate and become meaningless, adding depth to the term moral injury.

This essay surveys representationalist theories of phenomenal consciousness as well as the major arguments for them. It also takes up two major objections. The essay is divided into five sections. Section I offers some introductory remarks on phenomenal consciousness. Section II presents the classic view of phenomenal consciousness to which representationalists are opposed. Section III canvasses various versions of representationalism about consciousness. Section IV lays out the main arguments for the representationalist stance. The final section addresses the two objections.

Excerpt from Die Ethik des Aristoteles: In Ihrer Systematischen Einheit und in Ihrer Geschichtlichen Stellung Untersucht 1. Die Tapferkeit. Keine systematische Anordnung der Tugenden Die sittliche Gesinnung als Motiv der Tapferkeit - die Tapferkeit als richtiges Masshalten. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing (...) imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.". (shrink)

Our aim in this paper is to present the distinct ways in which Wolff, Baumgarten, and Kant understand the relationship between necessitation, constraint, and reluctant action in an effort to illustrate the subtle ways in which their conceptions of obligation differ from each another. Whereas Wolff conceives of natural or moral obligation as incompatible with constraint, Baumgarten holds that constraint and reluctant action are, in some instances, compatible with natural obligation. Kant departs from Baumgarten by conceiving of obligation as necessarily (...) involving constraint: as Kant’s reply to Schiller’s famous objection reveals, obligation must take on the character of constraint to reluctant action on account of the fact that human beings possess inclinations that always threaten to impel them in directions that oppose morality. (shrink)

The theory of important criteria -- Value judgments and the theory of important criteria -- The rationality of aesthetic value judgments -- Inapplicable concepts -- Morality and ignorance -- Time in counterfactuals -- Assertion and belief -- Understanding free will -- Selective necessity and the free-will problem -- Is virtue possible? -- Morality not a system of imperatives -- Review of Alvin Plantinga's God and other minds -- Utilitarianism, moral dilemmas, and moral cost -- Object utilitarianism -- Utilitarian virtue -- (...) Moderation, rationality, and virtue -- Rational dilemmas and rational supererogation -- Ethics naturalized -- Nietzsche and virtue ethics -- Caring versus the philosophers -- Global caring, global justice -- Empathy and objectivity -- In place of moral reasoning -- Some thoughts for the future. (shrink)

Common knowledge is ubiquitous in our lives and yet there remains considerable uncertainty about how to model or understand it. Standard analyses of common knowledge end up being challenged by either regress or circularity which then give rise to well-known paradoxes of practical reasoning, such as the Two Generals’ Paradox. This paper argues that the nature and utility of common knowledge can be illuminated by appeal to Wittgenstein’s Hinge Epistemology. It is argued that those things that we standardly think of (...) as being common knowledge in our lives are the same as those that Wittgenstein identified as hinge certainties. This identification of common knowledge with hinge certainties allows us to resolve the regress problem for common knowledge and explain how the Two Generals’ Paradox arises. (shrink)