American Philosophical Quarterly

ISSNs: 0003-0481, 2152-1123

16 found

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  1.  8
    Trial by Design.Talia Fisher - 2023 - American Philosophical Quarterly 60 (2):149-167.
    The future of trial lies in customization. Throughout the Anglo-American world, the public model of criminal and civil procedure is gradually giving way to a private contractual paradigm, one which allows the litigating parties to tailor the evidentiary and procedural landscape of trial to fit their specific needs and preferences. Procedural and evidence rules are shifting from mandatory safeguards of public values to default rules and bargaining chips within the hands of the litigating parties. There is growing recognition in the (...)
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  2.  6
    Corroboration.Georgi Gardiner - 2023 - American Philosophical Quarterly 60 (2):131-148.
    Corroborating evidence supports a proposition that is already supported by other initial evidence. It bolsters or confirms the original body of evidence. Corroboration has striking psychological and epistemic force: It potently affects how people do and should assess the target proposition. This essay investigates the distinctive powers of corroborating evidence. Corroboration does not simply increase the quantifiable probability of the adjudicated claim. Drawing on the relevant alternatives framework, I argue that corroboration winnows remaining uneliminated error possibilities. This illuminates the independence, (...)
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  3.  3
    Collateral Legal Consequences and Criminal Sentencing.Zachary Hoskins - 2023 - American Philosophical Quarterly 60 (2):117-130.
    A criminal conviction can trigger numerous burdensome legal consequences beyond the formal sentence. Some charge that these “collateral” legal consequences (CLCs) constitute additional measures of punishment, which raises the further question of whether judges should consider these CLCs when making sentencing decisions, reducing the formal sentence in proportion to the severity of the CLCs the defendant will face. The idea that all CLCs constitute forms of punishment reflects a particular conception of punishment, which I call the “minimalist view.” In this (...)
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  4.  70
    Should Algorithms that Predict Recidivism Have Access to Race?Duncan Purves & Jeremy Davis - 2023 - American Philosophical Quarterly 60 (2):205-220.
    Recent studies have shown that recidivism scoring algorithms like COMPAS have significant racial bias: Black defendants are roughly twice as likely as white defendants to be mistakenly classified as medium- or high-risk. This has led some to call for abolishing COMPAS. But many others have argued that algorithms should instead be given access to a defendant's race, which, perhaps counterintuitively, is likely to improve outcomes. This approach can involve either establishing race-sensitive risk thresholds, or distinct racial ‘tracks’. Is there a (...)
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  5.  15
    'Philosophical Dimensions of the Trial' (Special Issue) Introduction, Summary, Questions for the Future.Lewis Ross, Miguel Egler & Lisa Bastian - 2023 - American Philosophical Quarterly 60 (2):111-116.
    Introduction and Discussion of a Special Issue in philosophy of law "Philosophical Dimensions of the Trial" -/- .
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  6.  32
    Philosophical Dimensions of The Trial (Special Issue): Introduction, Summary, Questions for the Future.Lewis Ross, Miguel Egler & Lisa Bastian - 2023 - American Philosophical Quarterly 60 (2):111–116.
    * Special Issue on the Philosophical Dimensions of the Trial* This summarises and discusses the contributions.
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  7.  9
    Just Judge.Joe Slater - 2023 - American Philosophical Quarterly 60 (2):169-186.
    Content note: This paper discusses rape throughout.Abstract. In this paper, I consider arguments in favor of jury trials. While I find these generally persuasive, I argue that there can be cases where juries are not fit for purpose. In those cases, I argue that they should be replaced by judge-only trials. In doing so, I propose a framework for determining whether a type of case is unsuitable for jury trials. Partly in response to low conviction rates, there have been recent (...)
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  8.  8
    Value Alignment for Advanced Artificial Judicial Intelligence.Christoph Winter, Nicholas Hollman & David Manheim - 2023 - American Philosophical Quarterly 60 (2):187-203.
    This paper considers challenges resulting from the use of advanced artificial judicial intelligence (AAJI). We argue that these challenges should be considered through the lens of value alignment. Instead of discussing why specific goals and values, such as fairness and nondiscrimination, ought to be implemented, we consider the question of how AAJI can be aligned with goals and values more generally, in order to be reliably integrated into legal and judicial systems. This value alignment framing draws on AI safety and (...)
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  9.  45
    Dispensing with Facts, Substances, and Structures.Otávio Bueno - 2023 - American Philosophical Quarterly 60 (1):49-61.
    Despite the alleged roles played by structures, substances, and facts in mathematical and metaphysical theorizing, in this paper I provide a strategy to dispense with them. It is argued that one need not be committed to the existence of these posits nor with the metaphysically inflationary interpretations that support them. An alternative, deflationary approach is then sketched.
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  10.  25
    What is a Naturalized Principle of Composition?Fabio Ceravolo & Steven French - 2023 - American Philosophical Quarterly 60 (1):21-36.
    Van Inwagen's General Composition Question (GCQ) asks what conditions on an object and its constituents make the object a whole that these constituents compose, as opposed to an object linked to the constituents by a relation other than composition. The answer is traditionally expected to cite no mereological terms, to hold of metaphysical necessity and to be such that no defeating scenarios can be conceived (e.g., a scenario in which the conditions are met but the constituents fail to genuinely compose (...)
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  11.  25
    Last Chance Saloons for Natural Kind Realism.Anjan Chakravartty - 2023 - American Philosophical Quarterly 60 (1):63-81.
    Traditionally, accounts of natural kinds have run the gamut from strongly conventionalist to strongly realist views. Recently, however, there has been a significant shift toward more conventionalist-sounding positions, even (perhaps especially) among philosophers interested in scientific classification. The impetus for this is a trend toward making anthropocentric features of categories, namely, capacities to facilitate human epistemic (and other) interests via inductive inference, central to an account of kinds. I argue that taking these features seriously is both defensible and compatible with (...)
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  12.  25
    Naturalism and the Question of Ontology.Javier Cumpa - 2023 - American Philosophical Quarterly 60 (1):37-48.
    What is the so-called “question of ontology?” Is the question of ontology genuinely a question about “categories” (Lowe 2006), “structure” (Sider 2011), “existence” (Thomasson 2015), or rather “reality” (Fine 2009)? In this article, I defend the neo-Sellarsian approach to the question of ontology, a novel, naturalistic approach according to which the foundational question of ontology is about “understanding the manifest and the scientific images of the world, and their multiple relationships.” First, I argue for the thesis of Impure Eliminativism, a (...)
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  13.  12
    Methodological Naturalism Undercuts Ontological Naturalism.Peter Forrest - 2023 - American Philosophical Quarterly 60 (1):99-110.
    Naturalism, as I understand it, includes cosmological naturalism, ontological naturalism and methodological naturalism. After clarifying these three theses I argue that the combination of ontological with methodological naturalism is untenable. I do so by providing a pro tanto case against ontological naturalism and show that it can be resisted, but only by abandoning methodological naturalism. The pro tanto case is that ontological naturalism requires a version of what I call Redundancy Nominalism, but methodological naturalists should either reject it or at (...)
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  14. Metaphysics as Essentially Imaginative and Aiming at Understanding.Michaela Markham McSweeney - 2023 - American Philosophical Quarterly 60 (1):83-97.
    I explore the view that metaphysics is essentially imaginative. I argue that the central goal of metaphysics on this view is understanding, not truth. Metaphysics-as-essentially-imaginative provides novel answers to challenges to both the value and epistemic status of metaphysics.
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  15.  15
    A Flexible, Sloppy Blob?Don Ross - 2023 - American Philosophical Quarterly 60 (1):5-19.
    Ladyman and Ross argue that analytic metaphysics is a misguided enterprise that should give way to a naturalized metaphysics that aims to reconcile everyday and special-scientific ontologies with fundamental physics as the authoritative source of knowledge on the general structure of the universe. Le Bihan and Barton (argue, as against this, that analytic metaphysics remains useful as a basis for the body of work in AI known as “applied ontology.” They stop short of claiming, however, that analytic metaphysics is useful (...)
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  16.  8
    Introduction.Mirco Sambrotta - 2023 - American Philosophical Quarterly 60 (1):1-4.
    Obviously, science matters to philosophy. But is philosophy also constrained by science? Naturalism is roughly the view that answers positively. However, even among proponents of naturalism, how science constrains philosophy has always been (and still is) a subject of debate. There are two basic dimensions in which the debate takes place, which give rise to two different kinds of naturalism: ontological and methodological. The former concerns what there is, while the latter deals with the methods whereby we acquire knowledge and (...)
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