Actors may be called on to judge their reasons for action at two different points in time: once when they form an intention to act in the future and again at the time of action. At the time the actor forms her intention, her perspective is a general one, encompassing a range of possible circumstances that cannot be narrowed or fully specified in advance of action. At time of action, the actor's perspective is particularized, with more evidence available about reasons (...) for action. This difference in perspective presents a dilemma for rational agents. In many contexts, reliable advance planning has great value. It allows for intra-personal and interpersonal coordination and minimizes bias in favor of salient or emotionally charged facts. At the time of action, additional evidence about the context of the act clarifies, or appears to clarify, current reasons for action. I describe this dilemma in two contexts: rule-following and promissory commitment. In each case there may be significant practical reasons for agents to stand by their original intentions, treating them as exclusionary reasons for action. Yet, if the agent revisits her intentions at the time of action, her reasons for action may support, or appear to support, a change in course. I begin by examining theories of practical rationality that extend rationality over time and thus permit agents to act on their initial intentions. Understood in this way, practical rationality may require agents to follow rules or honor promises without further consideration of reasons for action. I argue, however, that on a plausible understanding of epistemic rationality and epistemic responsibility to respond to evidence, acting without reflection may be epistemically irrational. If this is correct, then the dilemma of general and particular decisionmaking persists, and affects important aspects of human life. We manage only by being imperfectly irrational. (shrink)

Proposing and consenting to sex are things that ordinary people manage to do all the time, yet legal regulation of sex seems to be an intractable problem. No one is satisfied with rape law, but no one knows quite what to do about it.

One of the assumptions of our legal system is that when a violation of law has occurred, we (society) should provide a remedy for individuals who were harmed. More specifically, we should provide them with corrective remedies—remedies that place them as nearly as possible in the position they would be in if no wrong had occurred. This principle is not universal. There are legal wrongs, usually statutory, for which only public officials can seek a judicial remedy. And where private remedies (...) do apply, not all the effects of a legal wrong are covered. But in general, individuals who have suffered legal wrongs are entitled to remedies that relieve the effects of the wrong and return them to their “rightful position.”. (shrink)

Liberalism is a wonderful theory, but its adherents have a difficult time explaining why. In his Tanner Lecture entitledFoundations of Liberal Equality, Ronald Dworkin proposes to defend liberalism in a new way. Dworkin is not content to view liberalism as a political compromise in which people set aside their personal convictions in the interest of social peace. Instead, he undertakes to make liberal political theory “continuous” with personal ethics, by describing an ethical position that endorses liberalism as a matter of (...) conviction. (shrink)

One key premise in Shapiro's book Legality is that rationality requires those who have accepted the master plan for a system of law to obey the system's rules. In this paper, I question this premise, arguing instead that although it may be rational for agents to commit to follow the system's rule in all (or most) cases to which they apply, it is not rational for agents to follow the rules in fact when the rules appear to require the wrong (...) outcomes in particular cases. My argument is based largely on epistemic responsibility, which I view as an element of rationality. (shrink)

Precedents are judicial decisions that form the bases of further judicial decisions by constraining those decisions. There are two aspects to the constraints exerted by precedent decisions: the scope of the constraint and the strength of the constraint. The scope refers to the range of decisions that are affected by the precedent. The strength refers to the conditions under which a court can escape being bound by the precedent. Models of precedential scope are discussed and evaluated, and the question of (...) strength is analyzed.Resumen:Los precedentes son decisiones judiciales que constituyen la base de decisiones judiciales posteriores, al vincularlas. Hay dos aspectos de la vinculación ejercida por las decisiones de precedente: el alcance de la vinculación y la fuerza de la vinculación. El alcance se refiere al rango de decisiones que se ven afectadas por el precedente. La fuerza se refiere a las condiciones bajo las cuales un tribunal obligado por el precedente puede ignorarlo. En este artículo se discuten y evalúan algunos modelos del alcance del precedente y se analiza la cuestión de su fuerza. (shrink)

This essay examines the ambition to taxonomize law and the different methods a legal taxonomer might employ. Three possibilities emerge. The first is a formal taxonomy that classifies legal materials according to rules of order and clarity. Formal taxonomy is primarily conventional and has no normative implications for judicial decision-making. The second possibility is a function-based taxonomy that classifies laws according to their social functions. Function-based taxonomy can influence legal decision-making indirectly, as a gatekeeping mechanism, but it does not provide (...) decisional standards for courts. Its objective is to assist in analysis and criticism of law by providing an overview of the body of legal doctrine. The third possibility is a reason-based taxonomy that classifies legal rules and decisions according to the moral principles or “legal principles” thought to justify them. Reason-based taxonomy of this type offers courts a set of high-level decisional rules drawn from legal data. Its objective is to guide courts in deciding new cases and evaluating precedents. A predominantly formal taxonomy facilitates legal analysis and communication. A functional taxonomy can assist those who make and apply law by providing a purposive overview of the field. Reason-based taxonomy may be useful to lawmakers but is unhelpful when offered as a guide to adjudication of disputes. (shrink)

Judicial review of statutes on constitutional grounds is affected by a cluster of doctrinal practices that are generally accepted, but not very well explained, by the courts and not entirely consistent with each other. Courts usually judge statutes rather than as written; 1 they favor of valid applications of statutes from invalid or possibly invalid applications when possible; 2 and they interpret statutes in ways that avoid constitutional difficulty. 3 These overlapping practices presumably are intended to preserve legislation, and hence (...) are associated with a modest conception of the role of courts in government. Yet they are not always modest in operation. 4. (shrink)

Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.

In "The Rule of Rules" Larry Alexander and Emily Sherwin examine this dilemma.

Pursuant to the aims and scope of the Special Issue it is part of, this invited contribution seeks to shed new light on the nature and working logic of legal reasoning. It does so by engaging with two of the most authoritative views on the subject which have recently been put forward in the Common law world—namely, Lord Hoffmann’s, and Larry Alexander and Emily Sherwin’s. A key-concern of the Anglophone debate on legal reasoning is whether it is a (...) specialistic type of reasoning requiring ad hoc education and training, or ordinary reasoning subject to ordinary rules of language (i.e. sentence construction, interpretation, etc.). The article argues that compelling though they are, these sorts of enquiries do not help to understand what legal reasoning really is and how it operates. In particular, it argues that if we are to understand what legal reasoning is and how it works, we ought to examine the propositions it aims to craft and support. In so arguing, the article further shows that exploring law’s nature and operations as an intellectual means for social ordering also helps to understand how law works as a regulatory phenomenon more generally. (shrink)

In this chapter I seek to rehabilitate and elaborate the so-called “mischief rule” of English law. I begin by interrogating two views of legal and constitutional interpretation which make symmetrical mistakes about legal interpretation: Larry Alexander and Emily Sherwin’s view in Demystifying Legal Reasoning and Jack Balkin’s in Living Originalism. Against these views I argue that the appropriate interpretation of laws is guided by the “mischief” the legislators were trying to remedy when they created the law and by (...) what the legislators and the subjects of the law understand when laws are created or changed. (shrink)

Trust makes cooperation possible. It enables us to learn from others and at a distance. It makes democratic deliberation possible. But it also makes us vulnerable: when we place our trust in another’s word, we are liable to be deceived—sometimes intentionally, sometimes unintentionally. Our evolved mechanisms for deciding whom to trust and whom to distrust mostly rely on face-to-face interactions with people whose reputation we can both access and influence. Online, these mechanisms are largely useless, and the institutions that might (...) supplant them need to have their own trustworthiness verified. Currently, those institutions are mostly corporations such as Facebook and Twitter, which have checkered track records at best. To make matters worse, the social media sector is a natural monopoly, and companies like Facebook have shown that they are willing to use their market power unscrupulously. For these reasons, we argue that social media should be treated like other natural monopolies: it should either be nationalized, highly regulated, or broken up through antitrust legal actions. (shrink)

This essay explores how the distinctively anthropological concept of culture provides uniquely valuable insights into the workings of science in its cultural context. Recent efforts by anthropologists to dislodge the traditional notion of culture as a homogenous, stable whole have opened up a variety of ways of imagining culture that place power differentials, flux, and contradiction at its center. Including attention to a wide variety of social domains outside the laboratory, attending to the ways nonscientists actively engage with scientific knowledge, (...) and focusing on the complex interactions that flow both into and out of research laboratories are ways the activities of both scientists and nonscientists can be situated in the heterogeneous matrtx of culture. Three images—the citadel, the rhizome, and the string figure—allow us to picture the discontinuous ways science both permeates and is permeated by cultural life. (shrink)

Viewed this way, the texts yield striking examples of language and notation that are irreducibly ambiguous and productive because they are ambiguous.

The evidence is overwhelming that members of particularly wealthy and industry-owning segments of Western societies have much larger carbon footprints than most other humans, and thereby contribute far more than their “fair share” to the enormous problem of climate change. Nonetheless, in this paper we shall counsel against a strategy focused primarily on blaming and shaming and propose, instead, a change in the ethical conversation about climate change. We recommend a shift in the ethical framework from a focus on the (...) role of individual agents and a conversation about guilt; in its place, we propose a relational approach to public health ethics that is centered around the idea of relational solidarity. We begin by briefly reviewing the most common—and woefully inadequate—approach in the West to reducing emissions and responding to the health-related impacts of climate change. We then go on to propose a relational approach to public health ethics as an alternative ethical framework that better fits the moral problems associated with climate change and holds promise for a more meaningful response. (shrink)

Insufficient attention has been paid to the ways in which Newtonian conceptualizations of time encourage the view in contemporary psychology that only efficient causal explanations are viable, explanations that ultimately render meaningful, purposive, morally rich human actions and relationships illusory. In short, psychology’s pervasive adoption of Newtonian assumptions about time and causation renders the discipline incapable of understanding human behavior, its primary focus of study, in any but fundamentally inhuman ways. This paper aims (1) to provide a critique of the (...) Newtonian conception of time and its commitment to efficient causality, particularly as commonly present in contemporary psychological theory and practice, and (2) to examine the phenomenological account of time provided in the work of Emmanuel Levinas. Specifically, we will explore some of the ways in which Levinas’ account of time as fundamentally intersubjective provides an alternative conceptual grounding for understanding the therapeutic relationship as one of infinite ethical responsibility. (shrink)

Do we see more than we can report? Psychologists and philosophers have been hotly debating this question, in part because both possibilities are supported by suggestive evidence. On one hand, phenomena such as inattentional blindness and change blindness suggest that visual awareness is especially sparse. On the other hand, experiments relating to iconic memory suggest that our in-the-moment awareness of the world is much richer than can be reported. Recent research has attempted to resolve this debate by showing that observers (...) can accurately report the color diversity of a quickly flashed group of letters, even for letters that are unattended. If this ability requires awareness of the individual letters’ colors, then this may count as a clear case of conscious awareness overflowing cognitive access. Here we explored this requirement directly: can we perceive ensemble properties of scenes even without being aware of the relevant individual features? Across several experiments that combined aspects of iconic memory with measures of change blindness, we show that observers can accurately report the color diversity of unattended stimuli, even while their self-reported awareness of the individual elements is coarse or nonexistent — and even while they are completely blind to situations in which each individual element changes color mid-trial throughout the entire experiment. We conclude that awareness of statistical properties may occur in the absence of awareness of individual features, and that such results are fully consistent with sparse visual awareness. (shrink)

Social network research is widely considered atheoretical. In contrast, in this article I argue that network analysis often mixes two distinct theoretical frameworks, creating a logically inconsistent foundation. Relationalism rejects essentialism and a priori categories and insists upon the intersubjectivity of experience and meaning as well as the importance of the content of interactions and their historical setting. Formalism is based on a structuralist interpretation of the theoretical works of Georg Simmel. Simmel laid out a neo-Kantian program of identifying a (...) priori categories of relational types and patterns that operate independently of cultural content or historical setting. Formalism and relationalism are internally consistent theoretical perspectives, but there are tensions between them. To pave the way for stronger middle-range theoretical development, I disaggregate the two approaches and highlight the contradictions that must be addressed or resolved for the construction of any general and inclusive theory. (shrink)

The opening argument in the Metaphysics M.2 series targeting separate mathematical objects has been dismissed as flawed and half-hearted. Yet it makes a strong case for a point that is central to Aristotle’s broader critique of Platonist views: if we posit distinct substances to explain the properties of sensible objects, we become committed to an embarrassingly prodigious ontology. There is also something to be learned from the argument about Aristotle’s own criteria for a theory of mathematical objects. I hope to (...) persuade readers of Metaphysics M.2 that Aristotle is a more thoughtful critic than he is often taken to be. (shrink)

In the early twentieth century, Hilda Diana Oakeley set out a new kind of British idealism. Oakeley is an idealist in the sense that she holds mind to actively contribute to the features of experience, but she also accepts that there is a world independent of mind. One of her central contributions to the idealist tradition is her thesis that minds construct our experiences using memory. This paper explores the theses underlying her idealism, and shows how they are intricately connected (...) to the wider debates of her period. I go on to explain how the parts of Oakeley's idealism are connected to further areas of her thought – specifically, her views on history and her growing block theory of time – to provide a sense of Oakeley's philosophy as a system. As there is no existing literature on Oakeley, this paper aims to open a path for further scholarship. (shrink)

Abstract:The examination of racist, normalized ideology within American education is not new. Theoretical and practical conceptions of social justice in education have attempted to attend to educational inequality. Oftentimes, these attempts have reinstated the status quo because they were framed within the same Eurocentric paradigm. To address this, Django Paris proposed culturally sustaining pedagogy as a means of empowering minoritized students by sustaining the cultural competence of their communities and dismantling coloniality within educational practices. He, Michael Domínguez, and others argue (...) that epistemic expansion is imperative for equitizing educational spaces and closing the ontological distance between teachers and students. Drawing from their work as well as scholarship from the fields of educational policy, urban education, Afrocentrism, and Indigenous studies, this paper seeks to expand the discussion about culturally relevant and responsive music education to account for students’ musical epistemologies and the ways in which “epistemic travel” might inform normalized musical practices. (shrink)

The Cartesian method, construed as a way of organizing domains of knowledge according to the "order of reasons," was a powerful reductive tool. Descartes made significant strides in mathematics, physics, and metaphysics by relating certain complex items and problems back to more simple elements that served as starting points for his inquiries. But his reductive method also impoverished these domains in important ways, for it tended to restrict geometry to the study of straight line segments, physics to the study of (...) ambiguously constituted bits of matter in motion, and metaphysics to the study of the isolated, incorporeal knower. This book examines in detail the negative and positive impact of Descartes's method on his scientific and philosophical enterprises, exemplified by the Geometry, the Principles, the Treatise of Man, and the Meditations. (shrink)

Recent work by Kahan et al. (2017) on the psychology of motivated numeracy in the context of intracultural disagreement suggests that people are less likely to employ their capabilities when the evidence runs contrary to their political ideology. This research has so far been carried out primarily in the USA regarding the liberal–conservative divide over gun control regulation. In this paper, we present the results of a modified replication that included an active reasoning intervention with Western European participants regarding both (...) the hierarchy–egalitarianism and individualism–collectivism divides over immigration policy (n = 746; considerably less than the preregistration sample size). We reproduce the motivated numeracy effect, though we do not find evidence of increased polarization of high-numeracy participants. (shrink)

Dubljević and company’s proposed approach for incorporating a socio-political perspective into neuroethics has clear potential to help mitigate the effects of research ‘hype’ relating to neuroethics. Their approach serves as a social regulation meant to improve the realizability of neuroethics research. Drawing on Dubljević et al. s suggestion, we consider how incorporating a socio-political perspective in other scientific disciplines could help the scientific community as a whole move beyond the infamous ‘reproducibility crisis’ in science. The reproducibility crisis is a concern (...) in science stemming from the revelation that most scientific results are difficult, or impossible, to replicate (Frias-Navarro et al., 2020). By applying the four principles proposed by Dubljević et al., the scientific community can avoid many of the pitfalls that have led to the reproducibility crisis, such as the file drawer effect, a publication bias preventing negative results from being published, or the publish-or-perish culture - the pressure for scientists to publish highly influential papers in high impact journals in order to keep their funding (Rosenthal, 1979; Begley & Ioannidis, 2015). As such, we argue that, in its final form, this socio-political framework begs for true open science, wherein systematically sharing data would enable enlightened policymaking by showing a picture closer to the ground-level realities of scientific research. (shrink)

The study of human behavior is severely hampered by logistical problems, ethical and legal constraints, and funding shortfalls. However, the biggest difficulty of conducting social and behavioral research is the extraordinary complexity of the study phenomena. In this article, we review the impact of complexity on research design, hypothesis testing, measurement, data analyses, reproducibility, and the communication of findings in psychological science. The systematic investigation of the world often requires different approaches because of the variability in complexity. Confirmatory testing, multi-factorial (...) designs, survey methods, large samples, and modeling are frequently needed to study complex social and behavioral topics. Complexity impedes the measurement of general constructs, the reproducibility of results and scientific reporting, and the general rigor of research. Many of the benchmarks established by classic work in physical science are not attainable in studies of more complex phenomena. Consequently, the standards used to evaluate scientific research should be tethered to the complexity of the study topic. (shrink)

In this article, I draw on ethnographic research to show how a particular ethos and worldview get produced in the context of “technical” education in a department of nanoengineering. Building on feminist science studies and communication theory, I argue that the curriculum introducing undergraduate students to scale implicitly teaches them an abstract and universal notion that smaller is better. I suggest that rather than smaller is better, a perspective that embraces context and specificity—such as the question “when, how, and for (...) whom is smaller better?”—would ground nanoengineering in a more reflexive, pluralistic, and democratically oriented mode of world-building. (shrink)

Critics of clinical equipoise have long argued that it represents an overly permissive, and therefore morally unacceptable, mechanism for resolving the tensions inherent in clinical research. In particular, the equipoise requirement is often attacked on the grounds that it is not sufficiently responsive to the interests of individual patients. In this paper, we outline a view of equipoise that not only withstands a stronger version of this objection, which was recently articulated by Deborah Hellman, but also plays important roles in (...) clarifying the discussion. (shrink)

The evangelical doctor, John Wyclif (1320-1384), a prominent, if controversial, Oxford master, is commonly identified as the evening star of scholasticism and the morning star of the Reformation. That Wyclif was a bold thinker is reflected in his philosophical system and in his theological and political views. Our interest here is in Wyclif's now little known natural philosophy. What I wish to examine is whether he can, with any justice, be dubbed the morning star of a reformation in science as (...) well as religion, for his contribution anticipates some developments of early modern natural philosophy. (shrink)

SummaryThis paper examines the role of health knowledge in the association between mothers' education and use of maternal and child health services in Ghana. The study uses data from a nationally representative sample of female respondents to the 2008 Ghana Demographic and Health Survey. Ordered probit regression models evaluate whether women's health knowledge helps to explain use of three specific maternal and child health services: antenatal care, giving birth with the supervision of a trained professional and complete child vaccination. The (...) analyses reveal that mothers' years of formal education are strongly associated with health knowledge; health knowledge helps explain the association between maternal education and use of health services; and, net of a set of stringent demographic and socioeconomic controls, mothers' health knowledge is a key factor associated with use of health services. (shrink)

Just as the nation is imagined and produced through everyday rhetoric and maps and flags, it is also constructed on the skin, and through bodies, by different types of corporeal `flagging'. In this article, I use two examples of contemporary surgical procedures to explore these dynamics. Aesthetic surgeries on `white' subjects are not often interrogated for their racializing effects, but I use the concept of `flagging' to explore how these surgeries work in the UK to align `white' bodies with a (...) white nation. US media coverage of Iraq invasion veterans with prosthetic limbs circulates narratives of heroism and patriotism, and I explore how the apparent `visibility' of these limbs works to re-embed notions of the US as a transcendent Christian nation. In these two examples of corporeal modification, the nation is `flagged' on the skin, reiterating relationships of belonging that echo practical and conceptual links with property. Propertied belonging — possessive and constitutive — unfolds through bodies, producing whiteness not only as property itself, but also as unmarked, habitual terrain. (shrink)