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

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

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

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

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

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

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This is volume One of texts (from sanskrit and Tibetan sources) of the two planned volumes on Buddhist Ligic (the second volume to be on topics and opponents).

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

This essay surveys the varieties of disjunctivism about perceptual experience. Disjunctivism comes in two main flavours, metaphysical and epistemological.

Intentionalism about demonstratives is the view that the referent of a demonstrative is determined solely by the speaker's intentions. Intentionalists can disagree about the nature of these intentions, but are united in rejecting the relevance of other factors, such as the speaker's gestures, her gaze, and any facts about the addressee or the audience. In this paper, I formulate a particular version of this view, and I defend it against six objections, old and new.

It seems possible to see a star that no longer exists. Yet it also seems right to say that what no longer exists cannot be seen. We therefore face a puzzle, the traditional answer to which involves abandoning naïve realism in favour of a sense datum view. In this article, however, I offer a novel exploration of the puzzle within a naïve realist framework. As will emerge, the best option for naïve realists is to embrace an eternalist view of time, (...) and claim that in the relevant case, one sees a still existent star‐stage located somewhere in the distant past. (shrink)

When A utters a declarative sentence in a context to B, typically A can mean a proposition by the sentence, the sentence in context literally expresses a proposition, there are propositions A and B can agree the sentence literally expressed, and B can acquire knowledge from this testimonial exchange. In recent work on linguistic communication, each of these four platitudes has been challenged, and on the same basis: viz. on the ground that exactly which proposition the sentence expressed in context (...) is not discernible given the information provided by the context. I argue that, even if this is true, there will be propositional parts of the proposition expressed by the sentence in context which can be identified and that, consequently, the partial understanding afforded by the existence of such identifiable parts undermines the soundness of the arguments against the platitudes. (shrink)

Darwin in Argentina -- Conflicting Systems -- Francisco Javier Muniz (1795-1871) -- Hermann Burmeister (1807-1891) -- Francisco P. Moreno (1852-1919) -- Domingo F. Sarmiento (1811-1888) -- Eduardo Holmberg (1852-1937) -- Florentino Ameghino (1854-1911) -- Jose Ingenieros (1877-1925) -- Carlos Octavio Bunge (1875-1918).

Does immorality necessarily involve irrationality? The question is often taken to be among the deepest in moral philosophy. But apparently deep questions sometimes admit of deflationary answers. In this case we can make way for a deflationary answer by appealing to dualism about rationality, according to which there are two fundamentally distinct notions of rationality: structural rationality and substantive rationality. I have defended dualism elsewhere. Here, I’ll argue that it allows us to embrace a sensible – I will not say (...) boring – moderate view about the relationship between immorality and irrationality: roughly, that immorality involves substantive irrationality, but not structural irrationality. I defend this moderate view, and argue that many of the arguments for less moderate views turn either on missing the distinction between substantive and structural rationality, or on misconstruing it. (shrink)

This fascinating and thought-provoking book provides much-needed philosophical background for counselors, therapists, and healthcare workers looking for broader, deeper foundations in the struggle to help and make sense of others. While examining the best among 20th century philosophy it shows the wealth of inspiration of earlier centuries, and demonstrates with remarkable clarity the way in which the ideas of, and the relations between, these philosophers can inspire, inform, and underpin much of counseling and psychotherapy.

Theories and Narratives will interest all readers for whom the role of history in the understanding of contemporary civilizations is an essential issue.

I defend Fricker’s virtue-theoretic proposals for grappling with epistemic injustice, arguing that her account is both empirically oriented and plausible. I agree with Fricker that an integral component of what we ought to do in the face of pervasive epistemic injustice is working to cultivate epistemic habits that aim to consistently neutralize the effects of such prejudices on their credibility estimates. But Fricker does not claim that her specific proposals constitute the only means through which individuals and institutions should combat (...) epistemic injustice. I therefore build on Fricker’s account by beginning to sketch a fuller picture of the structure of cultivating epistemic virtue. Virtue cultivation must, I argue, occur on two broad but interrelated fronts: first, the direct retraining of more automatic and unreflective patterns of thinking, feeling, and reacting to epistemic social reality, and second, the cultivation of more reflective, metacognitive virtues, such as the ability to swiftly identify contexts in which our first-order epistemic intuitions are likely astray. Although I articulate a range of individual-level obligations, my account is not individualistic. With Fricker, I argue that individual self-transformation is a necessary but not sufficient component of the struggle for epistemic justice. Accordingly, I sketch several ways in which individual virtue cultivation must be a socially and institutionally embedded process. Moreover, I argue that this process is ongoing. While most individuals cannot actually achieve such moral-epistemic ideals, many can (and therefore should try to) get much closer than they already are. (shrink)

Epistemologists typically assume that the acquisition of knowledge from testimony is not threatened at the stage at which audiences interpret what proposition a speaker has asserted. Attention is instead typically paid to the epistemic status of a belief formed on the basis of testimony that it is assumed has the same content as the speaker’s assertion. Andrew Peet has pioneered an account of how linguistic context sensitivity can threaten the assumption. His account locates the threat in contexts in which an (...) audience’s evidence under-determines which proposition a speaker is asserting. I argue that Peet’s epistemic uncertainty account of the threat is mistaken and I propose an alternative. The alternative locates the threat in contexts that provide factors that give audiences a mistaken psychological certainty or confidence that a speaker has asserted a proposition she has not. (shrink)

The terminology surrounding the dispute between higher-order and first-order theories of consciousness is piled so high that it sometimes obscures the view. When the debris is cleared away, there is a real prospect.

Research suggests that interventions involving extensive training or counterconditioning can reduce implicit prejudice and stereotyping, and even susceptibility to stereotype threat. This research is widely cited as providing an “existence proof” that certain entrenched social attitudes are capable of change, but is summarily dismissed—by philosophers, psychologists, and activists alike—as lacking direct, practical import for the broader struggle against prejudice, discrimination, and inequality. Criticisms of these “debiasing” procedures fall into three categories: concerns about empirical efficacy, about practical feasibility, and about the (...) failure to appreciate the underlying structural-institutional nature of discrimination. I reply to these criticisms of debiasing, and argue that a comprehensive strategy for combating prejudice and discrimination should include a central role for training our biases away. (shrink)

You know what someone else is thinking and feeling by observing them. But how do you know what you are thinking and feeling? This is the problem of self-knowledge: Alex Byrne tries to solve it. The idea is that you know this not by taking a special kind of look at your own mind, but by an inference from a premise about your environment.

Common principles for resource allocation in health care can prioritize the alleviation of small health burdens over lifesaving treatment. I argue that there is some evidence that these principles are at odds with a sizable share of public opinion, which holds that saving a life should take priority over any number of cures for minor ailments. I propose two possible explanations for this opinion, one debunking and one vindicatory. I also outline how well-designed surveys and moral inquiry could help decide (...) between them. Finally, I consider how priority-setting principles could be adjusted if the view that saving a life always trumps alleviating small burdens were vindicated. (shrink)

Can we trust our intuitive judgments of right and wrong? Are moral judgements objective? What reason do we have to do what is right and avoid doing what is wrong? In Conversations on Ethics, Alex Voorhoeve elicits answers to these questions from eleven outstanding philosophers and social scientists: -/- Ken Binmore; Philippa Foot; Harry Frankfurt; Allan Gibbard; Daniel Kahneman; Frances Kamm; Alasdair MacIntyre; T. M. Scanlon; Peter Singer; David Velleman; Bernard Williams. -/- The exchanges are direct, open, and sharp, (...) and give a clear account of these thinkers' core ideas about ethics. They also provide unique insights into their intellectual development - how they became interested in ethics, and how they conceived the ideas for which they became famous. Conversations on Ethics will engage anyone interested in moral philosophy. (shrink)

This article presents a semantic analysis of indirect speech reports. The analysis aims to explain a combination of two phenomena. First, there are true utterances of sentences of the form α said that φ which are used to report an utterance u of a sentence wherein φ's content is not u's content. This implies that in uttering a single sentence, one can say several things. Second, when the complements of these reports (and indeed, these reports themselves) are placed in conjunctions, (...) the conjunctions are typically infelicitous. I argue that this combination of phenomena can be explained if speech reports report (perhaps contingent) parts of the contents of the sentences reported. (shrink)

In what circumstances is it legitimate to use force? How should force be used? These are two of the most crucial questions confronting world politics today. The Just War tradition provides a set of criteria which political leaders and soldiers use to defend and rationalize war. This book explores the evolution of thinking about just wars and examines its role in shaping contemporary judgements about the use of force, from grand strategic issues of whether states have a right to pre-emptive (...) self-defence, to the minutiae of targeting. Bellamy maps the evolution of the Just War tradition, demonstrating how it arose from a myriad of sub-traditions, including scholasticism, the holy war tradition, chivalry, natural law, positive law, Erasmus and Kant's reformism, and realism from Machiavelli to Morgenthau. He then applies this tradition to a range of contemporary normative dilemmas related to terrorism, pre-emption, aerial bombardment and humanitarian intervention. (shrink)

In some severely uncertain situations, exemplified by climate change and novel pandemics, policymakers lack a reasoned basis for assigning probabilities to the possible outcomes of the policies they must choose between. I outline and defend an uncertainty averse, egalitarian approach to policy evaluation in these contexts. The upshot is a theory of distributive justice which offers especially strong reasons to guard against individual and collective misfortune.

What must linguistic knowledge be like if it is to explain our capacity to use language? All linguists and philosophers of language presuppose some answer to this critical question, but all too often the presupposition is tacit. In this collection of sixteen previously unpublished essays, a distinguished international line-up of philosophers and linguists address a variety of interconnected themes concerning our knowledge of language.

Treatment of sexual minority youth presents psychologists with a number of challenging ethical considerations. The APA Ethics Code is a valuable resource for addressing these issues, but psychologists require additional guidance in order to provide ethical treatment. This article provides relevant background, an overview of the ethical considerations of treating sexual minority youth, and recommendations to improve upon the current state of awareness and available resources. Psychologists must continually strive to improve our understanding of ethical decisions around treatment, training, and (...) research that will serve to address this vulnerable population's unmet mental health needs. (shrink)

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

This paper is concerned with the paradox of decrease. Its aim is to defend the answer to this puzzle that was propounded by its originator, namely, the Stoic philosopher Chrysippus. The main trouble with this answer to the paradox is that it has the seemingly problematic implication that a material thing could perish due merely to extrinsic change. It follows that in order to defend Chrysippus’ answer to the paradox, one has to explain how it could be that Theon is (...) destroyed by the amputation without changing intrinsically. In this paper, I shall answer this challenge by appealing to the broadly Aristotelian idea that at least some of the proper parts of a material substance are ontologically dependent on that substance. I will also appeal to this idea in order to offer a new solution to the structurally similar paradox of increase. In this way, we will end up with a unified solution to two structurally similar paradoxes. (shrink)

Three arguments for the thesis that sex is socially constructed are examined and rejected. No such argument could succeed, because sex is not socially constructed.

One very popular framework in contemporary epistemology is Bayesian. The central epistemic state is subjective confidence, or credence. Traditional epistemic states like belief and knowledge tend to be sidelined, or even dispensed with entirely. Credences are often introduced as familiar mental states, merely in need of a special label for the purposes of epistemology. But whether they are implicitly recognized by the folk or posits of a sophisticated scientific psychology, they do not appear to fit well with perception, as is (...) often noted. -/- This paper investigates the tension between probabilistic cognition and non-probabilistic perception. The tension is real, and the solution—to adapt a phrase from Quine and Goodman—is to renounce credences altogether. (shrink)

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

The evolution of the equation of mass conservation in fluid mechanics is studied. Following early hydraulic approximations, and progress by Daniel and Johann Bernoulli, its first expression as a partial differential equation was achieved by d’Alembert, and soon given definitive form by Euler. Later reworkings by Lagrange, Laplace, Poisson and others advanced the subject, but all based their derivations on the conserved mass of a moving fluid particle. Later, Duhamel and Thomson gave a simpler derivation, by considering mass flow into (...) and out of a fixed portion of space. The later propagation of these derivations in nineteenth-century British textbooks and treatises is also examined, including Maxwell’s on the kinetic theory of gases. (shrink)

Most contemporary philosophical discussions of intentionality start and end with a treatment of the propositional attitudes. In fact, many theorists hold that all attitudes are propositional attitudes. Our folk-psychological ascriptions suggest, however, that there are non-propositional attitudes: I like Sally, my brother fears snakes, everyone loves my grandmother, and Rush Limbaugh hates Obama. I argue that things are as they appear: there are non-propositional attitudes. More specifically, I argue that there are attitudes that relate individuals to non-propositional objects and do (...) so not in virtue of relating them to propositions. I reach this conclusion by not only showing that attempted analyses of apparently non-propositional attitudes in terms of the propositional fail, but that some non-propositional attitudes don’t even supervene on propositional attitudes. If this is correct, then the common discussions of intentionality that address only propositional attitudes are incomplete and those who hold that all intentional states are propositional are mistaken. (shrink)

This paper introduces a symposium on Equality versus Priority. It explains how cases involving risk are key to distinguishing these views and discusses a 'social egalitarian' critique of both 'telic egalitarians' and 'telic prioritarians'.