In “The Gettier Problem and Legal Proof,” I argue that epistemic conditions that undermine knowledge in Gettier-type cases also potentially undermine legal verdicts. For this reason, I argue, there is a deeper connection between knowledge and legal proof than is typically presupposed or argued for in the scholarly legal literature. To support these claims, I present several examples illustrating how conditions that render epistemically justified beliefs merely accidentally true (and thus disqualify them as cases of genuine knowledge) may also render (...) evidentially well-supported verdicts merely accidentally true for similar reasons. Such “Gettierized” verdicts, I contend, fail to realize the epistemic goal or aim of legal proof. Thus I conclude there, legal proof includes something like a knowledge requirement—in the sense that legal verdicts aim not only at truth and sufficient evidential support but also, as with knowledge, at an appropriate connection between their truth and justifying evidential support. (shrink)

This article explores the relationships between legal proof and fundamental epistemic concepts such as knowledge and justification. A survey of the legal literature reveals a confusing array of seemingly inconsistent proposals and presuppositions regarding these relationships. This article makes two contributions. First, it reconciles a number of apparent inconsistencies and tensions in accounts of the epistemology of legal proof. Second, it argues that there is a deeper connection between knowledge and legal proof than is typically argued for or presupposed in (...) the legal literature. This connection is illustrated through a discussion of the Gettier problem in epistemology. It is argued that the gap or disconnect between truth and justification that undermines knowledge in Gettier cases also potentially undermines the success of legal verdicts. (shrink)

ABSTRACTThis article defends the importance of epistemic safety for legal evidence. Drawing on discussions of sensitivity and safety in epistemology, the article explores how similar considerations apply to legal proof. In the legal context, sensitivity concerns whether a factual finding would be made if it were false, and safety concerns how easily a factual finding could be false. The article critiques recent claims about the importance of sensitivity for the law of evidence. In particular, this critique argues that sensitivity does (...) not have much of an effect on the value of legal evidence and that it fails to explain legal doctrine. By contrast, safety affects the quality of legal evidence, and safety better explains central features of the law of evidence, including probative value, admissibility rules, and standards of proof. (shrink)

Legal scholarship exploring the nature of evidence and the process of juridical proof has had a complex relationship with formal modeling. As evident in so many fields of knowledge, algorithmic approaches to evidence have the theoretical potential to increase the accuracy of fact finding, a tremendously important goal of the legal system. The hope that knowledge could be formalized within the evidentiary realm generated a spate of articles attempting to put probability theory to this purpose. This literature was both insightful (...) and frustrating. Much light was shed on the legal system, but it also quickly became evident that the tools of probability theory were in many ways ill-constructed for the task. Fundamental incompatibilities between the structure of legal decision making and the extant formal tools were identified, and it became evident that many of the purported explanations of legal phenomena were internally inconsistent. As a consequence, interest in this type of formal modeling declined, and attention was directed toward different kinds of explanations of the phenomena. Perhaps under the influence of a recent trend toward various types of formal modeling in legal scholarship, a recent burst of articles, rather than attempting to explain the macro structure of trials, which was the previous object of interest, attempts to quantify the probative value of various items of evidence in ways consistent with the formal features of various probability theories, and then to study decision making from that perspective. For example, the value of evidence is often purported to be its likelihood ratio, that is, the probability of discovering or receiving the evidence given a hypothesis (e.g., the defendant did it) divided by the probability of discovering or receiving the evidence given the negation of the hypothesis (the defendant didn't do it). Alternatively, the value of evidence is purported (more contextually) to be the information gain it provides, defined as the increase in probability it provides for a hypothesis above the probability of the hypothesis based on the other available evidence. Both conceptions then assume that all of the various probability assessments conform or ought to conform to the dictates of Bayes' theorem (that maintains consistency among such assessments); empirical studies are then done testing the extent to which this is so and proposing how the law can increase the probability that it is so. The general criticisms of using Bayes' theorem as a formal model of juridical proof are well known and were integral to the last wave of interest in formal modeling of the evidentiary process. This paper thus for the most part puts aside that more general issue, and focuses specifically on mathematical modeling of the value of particular items of evidence. The paper demonstrates that formal modeling has only limited value in explaining the value of legal evidence, much more limited than those constructing and discussing the models assume, and thus that the conclusions they draw about the value of evidence are unwarranted. This is done through a discussion of four recent examples that attempt to quantify evidence relating to, respectively, carpet fibers, infidelity, DNA random-match evidence, and character evidence used to impeach a witness. This article thus makes two contributions. First, and most importantly, it is another demonstration of the complex relationship between algorithmic tools and legal decision making. Second, at a minimum it points out serious pitfalls for analytical or empirical studies of juridical proof. (shrink)

This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

Philosophical Issues, Volume 31, Issue 1, Page 280-298, October 2021.

Proposed lie-detection technology based on neuroscience poses significant challenges for the law. The law must respond to the science with an adequate understanding of such evidence, its significance, and its limitations. This paper makes three contributions toward those ends. First, it provides an account of the preliminary neuroscience research underlying this proposed evidence. Second, it discusses the nature and significance of such evidence, how such evidence would fit with legal practices and concepts, and its potential admissibility. Finally, it analyzes the (...) constitutional protections that may limit the compelled production of such evidence. (shrink)

Stephen Morse’s illuminating scholarship on law and neuroscience relies on a “folk psychological” account of human behavior in order to defend the law’s foundations for ascribing legal responsibility. The heart of Morse’s account is the notion of “mental state causation,” in which mental states cause behavior. Morse argues that causation of this sort is necessary to support legal responsibility. We challenge this claim. First, we discuss problems with the conception of mental causation on which Morse appears to rely. Second, we (...) present an alternative account to explain the link between mental states, reasons, and actions. We argue that the alternative account avoids the conceptual problems that arise for Morse’s conception of mental causation and that it also undergirds ascriptions of legal responsibility. If the alternative succeeds, then Morse’s conception of “mental state causation” is not necessary to support legal responsibility. (shrink)

This paper discusses Ronald Allen’s article, Naturalized Epistemology and the Law of Evidence Revisited, and reflects on how epistemology can contribute to our understanding of the evidentiary proof process. I first situate Allen’s critique of recent philosophical scholarship, distinguishing between general theoretical accounts of proof (including the theory that Allen and I have defended), on one hand, and the applications of specific epistemological concepts or issues to law, on the other. I then present a methodological picture that diverges in some (...) respects from the one that emerges from Allen’s critique. In discussing this alternative methodological picture, I explain how epistemology can contribute to legal evidence and proof while avoiding the problems that Allen identifies. (shrink)

Bringing together the latest work from leading scholars in this emerging and vibrant subfield of law, this book examines the philosophical issues that inform the intersection between law and neuroscience.

At the invitation of the Editors, we wrote an article (entitled, “Minds, Brains, and Norms”) detailing our views on a variety of claims by those arguing for the explanatory power of neuroscience in matters of law and ethics. The Editors invited comments on our article from four distinguished academics (Walter Glannon, Carl Craver, Sarah Robins, and Thomas Nadelhoffer) and invited our reply to their critique of our views. In this reply to our commentators, we correct some potential misunderstandings of our (...) views and further clarify our positions with discussions of the conceptual-empirical distinction, rule-following, explanations at the personal and subpersonal levels, memory, and lie detection. Although we acknowledge many of the criticisms advanced by our distinguished colleagues, we conclude that, in several important respects, their criticisms confirm the points made in our original article. (shrink)

At the University of Sheffield between 2011 and 2012, a leading group of philosophers, psychologists, and others gathered to explore the nature and significance of implicit bias. The two volumes of Implicit Bias and Philosophy emerge from these workshops. Each volume philosophically examines core areas of psychological research on implicit bias as well as the ramifications of implicit bias for core areas of philosophy. Volume II: Moral Responsibility, Structural Injustice, and Ethics is comprised of three parts. “Moral Responsibility for Implicit (...) Bias” contains chapters examining the relationship of implicit biases to concepts that are central to moral responsibility, including control, awareness, reasons-responsiveness, and alienation. The chapters in the second part—“Structural Injustice”—explore the connections between the implicit biases held by individuals and the structural injustices of the societies in which they are situated. And finally, the third part—“The Ethics of Implicit Bias: Theory and Practice”—contains chapters examining strategies for implicit attitude change, the ramifications of research on implicit bias for philosophers working in ethics, and suggestions for combating implicit biases in the fields of philosophy and law. (shrink)

The elephant in the room -- Crabs and octopuses -- The central intelligence of a frog -- The cerebral cortex and consciousness -- Social consciousness -- Yoda and Darth: how can we find -- Consciousness in the brain? -- The hard problem and other perspectives on consciousness -- Conscious machines -- Uploading minds -- How to build visual consciousness.

In this article we defend a moral conception of cosmopolitanism and its relevance for moral education. Our moral conception of cosmopolitanism presumes that persons possess an inherent dignity in the Kantian sense and therefore they should be recognised as ends‐in‐themselves. We argue that cosmopolitan ideals can inspire moral educators to awaken and cultivate in their pupils an orientation and inclination to struggle against injustice. Moral cosmopolitanism, in other words, should more explicitly inform the work that moral educators do. Real‐world constraints (...) on moral action and the need to prioritise one’s sometimes conflicting responsibilities will often qualify cosmopolitan justice as supererogatory. This fact does not absolve persons from aspiring to see themselves as having the moral obligation to help others in need, while recognising that their factual obligations are more modest in being bound by what they are actually able to do. (shrink)

In Consciousness and the Social Brain, Princeton neuroscientist Michael Graziano lays out an audacious new theory to account for the deepest mystery of them all.

Abstract Agent-based virtue ethics is a unitary normative theory according to which the moral status of actions is entirely dependent upon the moral status of an agent's motives and character traits. One of the problems any such approach faces is to capture the common-sense distinction between an agent's doing the right thing, and her doing it for the right (or wrong) reason. In this paper I argue that agent-based virtue ethics ultimately fails to capture this kind of fine-grained distinction, and (...) to this extent ought to be rejected. I focus first on Michael Slote's agent-based theory, according to which the moral status of actions depends upon an agent's actual motives, and argue that this leads to a paradox. I then consider whether the ?counterfactual? version of agent-basing favoured by Rosalind Hursthouse and Linda Zagzebski fares any better, and conclude that it does not. (shrink)

This article surveys recent work on Vedānta, focusing on English-language secondary scholarship since the year 2000. The article consists of two parts. The first part (published previously) identified trends within recent scholarship, highlighting several promising areas of new research: the social history of Vedānta, Vedānta in the early modern period, vernacular Vedānta, Persian Vedānta, colonial and post-colonial Vedānta, and pedagogy and practice. It also covered edited volumes, special journal issues, and ongoing collaborative research projects. The second part (published here) provides (...) an overview of scholarship on specific schools of Vedānta (Advaita, Viśiṣṭādvaita, Dvaita, etc.), as well as a survey of philosophical, theological, and comparative studies. The article concludes with suggestions for further research. (shrink)

This chapter contains sections titled: I The Nature of Philosophy of Education and Conceptual Analysis II Peters' Conception of Education and some of its Normative Implications III Peters' Indeterminacy of Educational Aims and the Need for Sustained Dialogue References.

This volume represents a rich multi-disciplinary contribution to an expanding literature on citizenship, identity, and education in a variety of majority and minority Muslim communities. Each of these essays offer important insights into the various ways one may identify with, and participate in, different societies to which Muslims belong, from the United Kingdom to Pakistan to Indonesia. Authors include Robert Hefner, Andrew March, Tariq Modood, Lucas Swaine, Matthew Nelson, Rosnani Hashim, Charlene Tan and Yedullah Kazmi.

_From the president of Wesleyan University, an illuminating history of the student, spanning from antiquity to Zoom “[Roth] has a clear vision for what it ought to mean to be a student: Learn what you love to do, get better at it, and then share it with others.”—David Perry, _Washington Post__ In this sweeping book, Michael S. Roth narrates a vivid and dynamic history of students, exploring some of the principal models for learning that have developed in very different (...) contexts, from the sixth century BCE to the present. Beginning with the followers of Confucius, Socrates, and Jesus and moving to medieval apprentices, students at Enlightenment centers of learning, and learners enrolled in twenty-first-century universities, he explores how students have been followers, interlocutors, disciples, rebels, and children becoming adults. There are many ways to be a student, Roth argues, but at their core is developing the capacity to think for oneself by learning from others, and thereby finding freedom. In an age of machine learning, this book celebrates the student who develops more than mastery, cultivating curiosity, judgment, creativity, and an ability to keep learning beyond formal schooling. Roth shows how the student throughout history has been someone who interacts dynamically with the world, absorbing its lessons and creatively responding to them. (shrink)

Packed with examples pulled straight from recent headlines, ENGINEERING ETHICS, Sixth Edition, helps engineers understand the importance of their conduct as professionals as well as reflect on how their actions can affect the health, safety and welfare of the public and the environment. Numerous case studies give readers plenty of hands-on experience grappling with modern-day ethical dilemmas, while the book's proven and structured method for analysis walks readers step by step through ethical problem-solving techniques. It also offers practical application of (...) the Engineering Code of Ethics and thorough coverage of critical moral reasoning, effective organizational communication, sustainability and economic development, risk management, ethical responsibilities, globalized standards for engineering and emerging challenges relating to evolving technology. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version. (shrink)

Advaita Vedānta is one of the best-known schools of Indian philosophy, but much of its history-a history closely interwoven with that of medieval and modern Hinduism-remains surprisingly unexplored. This book focuses on a single remarkable work and its place within that history: The Ocean of Inquiry, a vernacular compendium of Advaita Vedānta by the North Indian monk Niścaldās (ca. 1791 - 1863). Though not well known today, Niścaldās's work was once referred to by Vivekananda (himself a key figure in the (...) shaping of modern Hinduism) as the most influential book in India. The present book situates The Ocean of Inquiry as a representative of both a neglected genre (vernacular Vedānta) and a neglected period (ca. 17th-19th centuries) in the history of Indian philosophy. It argues that the rise of Advaita Vedānta to a position of prestige began well before the period of British rule in India, and that vernacular texts like The Ocean of Inquiry played an important role in popularizing Vedāntic teachings. It also offers a new appraisal of the period of late Advaita Vedānta, arguing that it should not be seen as one of barren scholasticism. For thinkers like Niścaldās, intellectual "inquiry" (vicāra) was not an academic exercise but a spiritual practice-indeed, it was the central practice on the path to liberation. The book concludes by arguing that without understanding both vernacular Vedānta and the scholasticism of the period, one cannot fully understand the emergence of modern Hinduism. (shrink)

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- List of Contributors -- Preface -- Foreword -- Introduction -- Chapter 1 Alternate Possibilities and Moral Responsibility -- Chapter 2 Responsibility and Alternative Possibilities -- Chapter 3 Blameworthiness and Frankfurt's Argument Against the Principle of Alternative Possibilities -- Chapter 4 In Defense of the Principle of Alternative Possibilities: Why I Don't Find Frankfurt's Argument Convincing -- Chapter 5 Responsibility, Indeterminism and Frankfurt-style Cases: A Reply to (...) Mele and Robb -- Chapter 6 Classical Compatibilism: Not Dead Yet -- Chapter 7 Bbs, Magnets and Seesaws: The Metaphysics of Frankfurt-style Cases -- Chapter 8 Moral Responsibility without Alternative Possibilities -- Chapter 9 Freedom, Foreknowledge and Frankfurt -- Chapter 10 Source Incompatibilism and Alternative Possibilities -- Chapter 11 Robustness, Control, and the Demand for Morally Significant Alternatives: Frankfurt Examples with Oodles and Oodles of Alternatives -- Chapter 12 Alternate Possibilities and Reid's Theory of Agent-causation -- Chapter 13 Responsibility and Agent-causation -- Chapter 14 Soft Libertarianism and Flickers of Freedom -- Chapter 15 'Ought' Implies 'Can', Blameworthiness, and the Principle of Alternate Possibilities -- Chapter 16 The Moral Significance of Alternate Possibilities -- Chapter 17 The Selling of Joseph - A Frankfurtian Interpretation -- Chapter 18 Some Thoughts Concerning PAP -- Bibliography -- Index. (shrink)

Starting from Marr's ideas about levels of explanation, a theory of the data structures and access processes in human memory is demonstrated on 10 tasks. Functional characteristics of human memory are captured implementation-independently. Our theory generates a multidimensional task classification subsuming existing classifications such as the distinction between tasks that are implicit versus explicit, data driven versus conceptually driven, and simple associative (two-way bindings) versus higher order (threeway bindings), providing a broad basis for new experiments. The formal language clarifies the (...) binding problem in episodic memory, the role of input pathways in both episodic and semantic (lexical) memory, the importance of the input set in episodic memory, and the ubiquitous calculation of an intersection in theories of episodic and lexical access. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Response to My ReadersMichael S. Hogue (bio)I. IntroductionI often begin writing for personal reasons: to slow my thinking, clarify and organize my thoughts, trace ideas, and sort concepts. Generally, a concern for something I consider wrong about the world motivates me to write. Provoked by such a concern, I write to understand why and how what is wrong came to be that way and why and how I (...) think it can or should be different. I write in reply to H. Richard Niebuhr's moral hermeneutic question, "What's going on?" And yet, while writing typically begins (for me) as a personal search for understanding, this search eventually leads me to (re) discover my formative communities of inquiry and interpretation. None of my questions or ideas, none of my orienting values, none of my interpretive impulses are mine alone. They do not, and cannot, exist independently of others' questions, ideas, values, and interpretations. To use Peirce's metaphor, they are slender fibers braided into a larger cable rather than independent links in a chain. The issues and questions that motivate my research; the topics I care about enough to develop into articles and books; the conceptual, critical, and normative vocabularies I bring to my research and writing; the intellectual traditions that shape the patterns of my thinking—none of these are strictly personal or individual. They have taken root and grown in me as I've learned with and from others. Writing reminds me that, as a person, I am a creature of relational processes because it shows me that my mind is not (exclusively) my own—what and how I think have been formed, animated, and limited by my experience with others in a larger world of experience that is broader and deeper than any individual mind.I open this brief essay with this comment to acknowledge my gratitude and indebtedness not only to the authors of the articles in this special issue (Walter Gulick, Robert Smid, John Teehan, and AJ Turner) but also to the larger community of scholars that comprise the readership of the American Journal of Theology and Philosophy (AJTP) and the Institute for American Religious and Philosophical Thought (IARPT). I attended my first IARPT (HIARPT, at the time) conference about seventeen years ago, soon after completing my Ph.D. I didn't know anyone personally then, but I knew several folks as authors of articles and books I had read in recent years. I discovered IARPT through the bibliography of Victor Anderson's book, Pragmatic Theology: Negotiating [End Page 80] the Intersections of an American Philosophy of Religion and Public Theology. I resonated with Anderson's articulation of a socially engaged public theology that drew from American pragmatist, historicist, and naturalist philosophies of religion. His mind had been where mine was going, into the dissenting tradition of American immanence, or the left wing of American radical theology, as I refer to it.While reading Anderson's book, I learned that many of the authors in his bibliography met every summer as a (relatively?) organized group of like-minded scholars. I joined them the next chance I had. And as things go with this group, I was immediately recruited to serve as the book review editor for the AJTP! Since that first meeting, I've attended as many IARPT meetings as my schedule allows, organized one of the summer conferences, served as AJTP book review editor for several years, and then served for several more years as the AJTP editor (following Michael Raposa's illustrious term!). Most recently, I was honored when Andrew Irvine and Austin Roberts made American Immanence a focus of the 2021 IARPT conference, "Political Thought and the Powers of Democracy: American Thought in the Anthropocene." Gulick's, Smid's, Teehan's, and Turner's articles began as papers for that conference.All this is to say what I have heard many others say through the years: the IARPT/AJTP community of interpretation has become a primary intellectual (and even spiritual) home for me. I am (and we are) fortunate to belong to a group of academic philosophers and theologians who collectively embody a rare (let us hope not... (shrink)

Ethics are of interest to business scholars because they influence decisions, behaviors, and outcomes. While scholars have increasingly shown interest in business ethics as a research topic, there are a mounting number of studies that examine ethical issues at the organizational level of analysis. This manuscript reports the results of a systematic review of empirical research on organizational ethics published in a broad sample of business journals over a 33-year period. A total of 184 articles are analyzed to reveal gaps (...) in the literature and, subsequently, lead to suggestions for future research; this is done in an effort to stimulate and perpetuate high quality research that more broadly impacts business scholars and practitioners. (shrink)

The third edition of a work that defines the field of cognitive neuroscience, with extensive new material including new chapters and new contributors.

Originally published: Oxford: Clarendon, 1997.

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine. The result is a powerful argument in favour of reforming the moral and legal understanding of how and why we attribute responsibility to agents.

A recalcitrant emotion is one which conflicts with evaluative judgement. (A standard example is where someone is afraid of flying despite believing that it poses little or no danger.) The phenomenon of emotional recalcitrance raises an important problem for theories of emotion, namely to explain the sense in which recalcitrant emotions involve rational conflict. In this paper I argue that existing ‘neojudgementalist’ accounts of emotions fail to provide plausible explanations of the irrationality of recalcitrant emotions, and develop and defend my (...) own neojudgementalist account. On my view, recalcitrant emotions are irrational insofar as they incline the subject to accept an evaluative construal that the subject has already rejected. (shrink)

A reconsideration of mill's theory of "higher pleasures," construed as a way of evaluating changes in preferences or character that result from changes in social environment. mill's account is criticized and partly reconstructed in light of modern preference theory, but viewed favorably as an illuminating attempt to address a fundamental problem in moral evaluation of social institutions. mill's advocacy of the higher pleasures is defended in particular against the charge that it is incompatible with his commitment to liberty.

The traditional desire view of painfulness maintains that pain sensations are painful because the subject desires that they not be occurring. A significant criticism of this view is that it apparently succumbs to a version of the Euthyphro Dilemma: the desire view, it is argued, is committed to an implausible answer to the question of why pain sensations are painful. In this paper, I explain and defend a new desire view, and one which can avoid the Euthyphro Dilemma. This new (...) view maintains that painfulness is a property, not of pain sensations, but of a pain experience, understood as a relational state constituted by a pain sensation and a desire that the sensation not be occurring. (shrink)

This article surveys recent work on Vedānta, focusing on English-language secondary scholarship since the year 2000. The article consists of two parts. The first part (published here) identifies trends within recent scholarship, highlighting several promising areas of new research: the social history of Vedānta, Vedānta in the early modern period, vernacular Vedānta, Persian Vedānta, colonial and post-colonial Vedānta, and pedagogy and practice. It also covers edited volumes, special journal issues, and ongoing collaborative research projects. The second part (published separately) provides (...) an overview of scholarship on specific schools of Vedānta (Advaita, Viśiṣṭādvaita, Dvaita, etc.), as well as a survey of philosophical, theological, and comparative studies. The article concludes with suggestions for further research. (shrink)

This chapter focuses on the question of whether true belief can have final value because it answers our ‘intellectual interest’ or ‘natural curiosity’. The idea is that sometimes we are interested in the truth on some issue not for any ulterior purpose, but simply because we are curious about that issue. It is argued that this approach fails to provide an adequate explanation of the final value of true belief, since there is an unbridgeable gap between our valuing the truth (...) on some issue for its own sake, and that truth's being valuable for its own sake. (shrink)

The perceptual model of emotions maintains that emotions involve, or are at least analogous to, perceptions of value. On this account, emotions purport to tell us about the evaluative realm, in much the same way that sensory perceptions inform us about the sensible world. An important development of this position, prominent in recent work by Peter Goldie amongst others, concerns the essential role that virtuous habits of attention play in enabling us to gain perceptual and evaluative knowledge. I think that (...) there are good reasons to be sceptical about this picture of virtue. In this essay I set out these reasons, and explain the consequences this scepticism has for our understanding of the relation between virtue, emotion, and attention. In particular, I argue that our primary capacity for recognizing value is in fact a non-emotional capacity. (shrink)