In this paper, we focus on one controversial element of the method of reflective equilibrium, namely Rawls’s idea that the commitments that enter the justificatory procedure should be pre-selected or filtered: According to him, only considered judgements should be taken into account in moral philosophy. There are two camps of critics of this filtering process: 1) Critics of reflective equilibrium: They reject the Rawlsian filtering process as too weak and seek a more reliable one, which would actually constitute a (...) distinct epistemic method. 2) Proponents of reflective equilibrium: They reject the Rawlsian filtering process as too exclusionary. We defend RE against its critics, arguing that the method can secure reasonable commitments without depending on a strong external filtering process. However, we side with the critical proponents of reflective equilibrium and argue that without the Rawlsian weak filtering process, RE is more plausible both as a general method as well as in the context of moral philosophy. (shrink)

Previous research has suggested that an effective strategy for debiasing judgments is to have participants "consider the opposite." The present research proposes that considering any plausible alternative outcome for an event, not just the opposite outcome, leads participants to simulate multiple alternatives, resulting in debiased judgments. Three experiments tested this hypothesis using an explanation task paradigm. Participants in all studies were asked to explain either 1 hypothetical outcome (single explanation conditions) or 2 hypothetical outcomes (multiple explanation conditions) to (...) an event; after the explanation task, participants made likelihood judgments. The results of Studies 1 and 2 indicated that debiasing occurred in all multiple explanation conditions, including those that did not involve the opposite outcome. Furthermore, the findings indicated that debiased judgments resulted from participants' spontaneous consideration of additional alternatives in making their likelihood judgments. The results of Study 3 also identified the perceived plausibility of the explained alternative as an important moderating variable in debiasing. (shrink)

Which moral judgments should one pay attention to in building a moral philosophy? Thomas Kelly and Sarah McGrath object to John Rawls’s suggestion to not rely on judgments heavily bound up with one’s own interests. I propose a solution in response to the objection.

A growing body of research has examined how people judge the persistence of identity over time—that is, how they decide that a particular individual is the same entity from one time to the next. While a great deal of progress has been made in understanding the types of features that people typically consider when making such judgments, to date, existing work has not explored how these judgments may be shaped by normative considerations. The present studies demonstrate that normative (...) beliefs do appear to play an important role in people's beliefs about persistence. Specifically, people are more likely to judge that the identity of a given entity remains the same when its features improve than when its features deteriorate. Study 1 provides a basic demonstration of this effect. Study 2 shows that this effect is moderated by individual differences in normative beliefs. Study 3 examines the underlying mechanism, which is the belief that, in general, various entities are essentially good. Study 4 directly manipulates beliefs about essence to show that the positivity bias regarding essences is causally responsible for the effect. (shrink)

In this paper, we present the results of two surveys that investigate subjects’ judgments about what can be known or justifiably believed about lottery outcomes on the basis of statistical evidence, testimonial evidence, and “mixed” evidence, while considering possible anchoring and priming effects. We discuss these results in light of seven distinct hypotheses that capture various claims made by philosophers about lay people’s lottery judgments. We conclude by summarizing the main findings, pointing to future research, and comparing our (...) findings to recent studies by Turri and Friedman. (shrink)

This chapter considers the challenges to, and the resources for, cultivating a personal capacity for tolerance, given a Spinozist account of belief-formation. After articulating two main components of personal tolerance, I examine the features of Spinoza’s theory of cognition that make the cultivation of tolerance so difficult. This is followed by an analysis of Spinoza’s account of overcoming intolerant tendencies. Ultimately, I argue that the capacity of individuals to be tolerant depends crucially on the establishment of conditions of trust, conditions (...) that are conspicuously lacking in many modern democracies. (shrink)

It has long been claimed that moral judgements are dominated by reason. In recent years, however, the tide has turned. Many psychologists and philosophers now hold the view that there is a close empirical association between moral judgements and emotions. In particular, they claim that emotions (1) co-occur with moral judgements, (2) causally influence moral judgements, (3) are causally sufficient for moral judgements, and (4) are causally necessary for moral judgements. At first sight these hypotheses seem well-supported. In this paper (...) I show, however, that appearances are deceiving. If one considers the relevant scientific studies in detail, one finds that in many interpretations the above hypotheses are either not supported or even contradicted by the available evidence. This conclusion is significant both for our understanding of moral judgements qua empirical phenomena and for normative ethics and metaethics. (shrink)

This paper considers two of the most prominent kinds of evidence that have been used to argue that certain embedded questions receive weakly exhaustive interpretations. The first kind is exemplified by judgments of consistency for declarative sentences that attribute knowledge of a wh-question and ignorance of the negation of that question to the same person, and the second concerns asymmetries between the role of positive and negative information in validating question-embedding surprise ascriptions, and similar judgments for other attitudes. (...) I argue that neither type suffices to show weak exhaustivity. The first can be analyzed in terms of strong exhaustivity in combination with domain restriction effects, while the second can be analyzed in terms of a mention-some interpretation. These kinds of evidence have served as the empirical basis for many claims about weakly exhaustive readings, so the observation that they are unreliable calls into questions a large body of established work on the semantics of question embedding. (shrink)

In this chapter we consider three philosophical perspectives (including those of Stalnaker and Lewis) on the question of whether and how the principle of conditional excluded middle should figure in the logic and semantics of counterfactuals. We articulate and defend a third view that is patterned after belief revision theories offered in other areas of logic and philosophy. Unlike Lewis’ view, the belief revision perspective does not reject conditional excluded middle, and unlike Stalnaker’s, it does not embrace supervaluationism. We adduce (...) both theoretical and empirical considerations to argue that the belief revision perspective should be preferred to its alternatives. The empirical considerations are drawn from the results of four empirical studies (which we report below) of non-experts’ judgments about counterfactuals and conditional excluded middle. (shrink)

The COVID-19 pandemic has brought the live music industry to an abrupt halt; subsequently, musicians are looking for ways to replicate the live concert experience virtually. The present study sought to investigate differences in aesthetic judgments of a live concert vs. a recorded concert, and whether these responses vary based on congruence between musical artist and piece. Participants made continuous ratings of their felt pleasure either during a live concert or while viewing an audiovisual recorded version of the same (...) joint concert given by a university band and a United States Army band. Each band played two pieces: a United States patriotic piece and a non-patriotic piece. Results indicate that, on average, participants reported more pleasure while listening to pieces that were congruent, which did not vary based on live vs. lab listening context: listeners preferred patriotic music when played by the army band and non-patriotic music when played by the university band. Overall, these results indicate that felt pleasure in response to music may vary based on listener expectations of the musical artist, such that listeners prefer musical pieces that “fit” with the particular artist. When considering implications for concerts during the COVID-19 pandemic, our results indicate that listeners may experience similar degrees of pleasure even while viewing a recorded concert, suggesting that virtual concerts are a reasonable way to elicit pleasure from audiences when live performances are not possible. (shrink)

Decision-making typically requires judgments about causal relations: we need to know the causal effects of our actions and the causal relevance of various environmental factors. We investigate how several individuals' causal judgments can be aggregated into collective causal judgments. First, we consider the aggregation of causal judgments via the aggregation of probabilistic judgments, and identify the limitations of this approach. We then explore the possibility of aggregating causal judgments independently of probabilistic ones. Formally, we (...) introduce the problem of causal-network aggregation. Finally, we revisit the aggregation of probabilistic judgments when this is constrained by prior aggregation of qualitative causal judgments. (shrink)

We examined the effects of framing and order of presentation on professional philosophers’ judgments about a moral puzzle case (the “trolley problem”) and a version of the Tversky & Kahneman “Asian disease” scenario. Professional philosophers exhibited substantial framing effects and order effects, and were no less subject to such effects than was a comparison group of non-philosopher academic participants. Framing and order effects were not reduced by a forced delay during which participants were encouraged to consider “different variants of (...) the scenario or different ways of describing the case”. Nor were framing and order effects lower among participants reporting familiarity with the trolley problem or with loss-aversion framing effects, nor among those reporting having had a stable opinion on the issues before participating the experiment, nor among those reporting expertise on the very issues in question. Thus, for these scenario types, neither framing effects nor order effects appear to be reduced even by high levels of academic expertise. (shrink)

Past research has found that the value of a person's activities can affect observers' judgments about whether that person is experiencing certain emotions (e.g., people consider morally good agents happier than morally bad agents). One proposed explanation for this effect is that emotion attributions are influenced by judgments about fittingness (whether the emotion is merited). Another hypothesis is that emotion attributions are influenced by judgments about the agent's true self (whether the emotion reflects how the agent feels (...) “deep down”). We tested these hypotheses in six studies. After finding that people think a wide range of emotions can be fitting and reflect a person's true self (Study 1), we tested the predictions of these two hypotheses for attributions of happiness, love, sadness, and hatred. We manipulated the emotions' fittingness (Studies 2a-b and 4) and whether the emotions reflected an agent's true self (Studies 3 and 5), measuring emotion attributions as well as fittingness judgments and true self judgments. The fittingness manipulation only impacted emotion attributions in the cases where it also impacted true self judgments, whereas the true self manipulation impacted emotion attribution in all cases, including those where it did not impact fittingness judgments. These results cast serious doubt on the fittingness hypothesis and offer some support for the true self hypothesis, which could be developed further in future work. -/- . (shrink)

To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web-based technology, we collected a large data set on individuals' responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, both resulting in lives saved and lives lost. Results showed that: (1) patterns of (...) moral judgments were consistent with the principle of double effect and showed little variation across differences in gender, age, educational level, ethnicity, religion or national affiliation (within the limited range of our sample population) and (2) a majority of subjects failed to provide justifications that could account for their judgments. These results indicate that the principle of the double effect may be operative in our moral judgments but not open to conscious introspection. We discuss these results in light of current psychological theories of moral cognition, emphasizing the need to consider the unconscious appraisal system that mentally represents the causal and intentional properties of human action. (shrink)

Roman Suszko said that “Obviously, any multiplication of logical values is a mad idea and, in fact, Łukasiewicz did not actualize it.” The aim of the present paper is to qualify this ‘obvious’ statement through a number of logical and philosophical writings by Professor Jan Woleński, all focusing on the nature of truth-values and their multiple uses in philosophy. It results in a reconstruction of such an abstract object, doing justice to what Suszko held a ‘mad’ project within a generalized (...) logic of judgments. Four main issues raised by Woleński will be considered to test the insightfulness of such generalized truth-values, namely: the principle of bivalence, the logic of scepticism, the coherence theory of truth, and nothingness. (shrink)

: To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web-based technology, we collected a large data set on individuals’ responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, both resulting in lives saved and lives lost. Results showed that: patterns of (...) moral judgments were consistent with the principle of double effect and showed little variation across differences in gender, age, educational level, ethnicity, religion or national affiliation and a majority of subjects failed to provide justifications that could account for their judgments. These results indicate that the principle of the double effect may be operative in our moral judgments but not open to conscious introspection. We discuss these results in light of current psychological theories of moral cognition, emphasizing the need to consider the unconscious appraisal system that mentally represents the causal and intentional properties of human action. (shrink)

One of the most prominent objections to skeptical theism in recent literature is that the skeptical theist is forced to deny our competency in making judgments about the all-things-considered value of any natural event. Some skeptical theists accept that their view has this implication, but argue that it is not problematic. I think that there is reason to question the implication itself. I begin by explaining the objection to skeptical theism and the standard response to it. I then (...) identify an assumption that is prevalent in much of the literature concerning the problem of evil, and show that it is a factor in motivating commitment to the implication I mean to question. I argue that the assumption is false, and that once it is rejected there is room to endorse the skeptical theist's strategy in responding to some arguments from evil without endorsing the putative implication that objectors find unacceptable. (shrink)

Recent years have seen the advent of two feminist judgment-writing projects, the Women’s Court of Canada, and the Feminist Judgments Project in England. This article analyses these projects in light of Carol Smart’s feminist critique of law and legal reform and her proposed feminist strategies in Feminism and the Power of Law (1989). At the same time, it reflects on Smart’s arguments 20 years after their first publication and considers the extent to which feminist judgment-writing projects may reinforce or (...) trouble her conclusions. It argues that both of these results are discernible—that while some of Smart’s contentions have proved to be unsustainable, others remain salient and have both inspired and hold important cautions for feminist judgment-writing projects. (shrink)

Psychologists and philosophers often work hand in hand to investigate many aspects of moral cognition. In this paper, we want to highlight one aspect that to date has been relatively neglected: the stability of moral judgment over time. After explaining why philosophers and psychologists should consider stability and then surveying previous research, we will present the results of an original three-wave longitudinal study. We asked participants to make judgments about the same acts in a series of sacrificial dilemmas three (...) times, 6–8 days apart. In addition to investigating the stability of our participants’ ratings over time, we also explored some potential explanations for instability. To end, we will discuss these and other potential psychological sources of moral stability (or instability) and highlight possible philosophical implications of our findings. (shrink)

One recent trend in contemporary epistemology is to study the way in which the concept of knowledge is actually applied in everyday settings. This approach has inspired an exciting new spirit of collaboration between experimental philosophers and traditional epistemologists, who have begun using the techniques of the social sciences to investigate the factors that influence ordinary judgments about knowledge attribution. This paper provides an overview of some of the results these researchers have uncovered, suggesting that in addition to traditionally (...) considered factors like evidence and justification, a number of important non-truth-conducive factors play significant roles in determining when people ascribe knowledge. The present review focuses on four non-traditional factors: pragmatic load (in relation to contextualism and interest-relative invariantism), moral judgment, performance errors, and demographic variation. (shrink)

One of the most common judgments of normative life takes the following form: With respect to some things that matter, one item is better than the other, with respect to other things that matter, the other item is better, but all things considered – that is, taking into account all the things that matter – the one item is better than the other. In this paper, I explore how all-things-considered judgments are possible, assuming that they are. (...) In particular, I examine the question of how the different considerations relevant to an all-things-considered judgment come together in a way that gives each relevant consideration its proper due. I propose an answer which provides a unified account of all-things-considered judgments and highlights a deep connection between value and reason. My suggestion is that ‘all things considered’ is, in effect, a placeholder for a more comprehensive, sometimes nameless, value that includes the things considered as parts, and that this more comprehensive value determines how the things considered normatively relate. (shrink)

Using Reidenbach and Robin's Multidimensional Ethics Scale, this study investigated the relationships between background variables and students' ethical evaluations, judgments, and behavioral intentions using 3 scenarios involving dilemmas related to academic dishonesty. The sample included 436 master's students and 142 doctoral students. The study found that the participants used a combination of ethical philosophies to make ethical decisions. The respondents judged improper citations more harshly than acts of inappropriate authorship or the falsification of data. The doctoral students generally (...) class='Hi'>considered behaviors related to plagiarism and falsification to be more unethical than the master's students did, though no gender differences were found. (shrink)

The concept of intentional action occupies a central place in commonsense or folk psychological thought. This paper describes two psychological experiments designed by the author and Joshua Knobe. The experiments investigate further some questions that arose from Knobe's work on responsibility and intentionality beliefs in folk psychology. They show that there is reason to doubt that subjects' beliefs about the intentionality of side effects are simply a product of their beliefs about the agent's responsibility for these effects. The author also (...) considers how the experimental results bear on Knobe's most recent views about the relation of subjects' value judgments about side effects and their intentionality judgments. What the experimental results suggest is that subjects do not simply use either their belief that a side effect is bad, or that the agent is responsible for it, to determine their view about the intentionality of its production. 2012 APA, all rights reserved). (shrink)

Professionals in various disciplines adopt significantly different lexicons to report their discoveries and arguments. Scientists discover, philosophers argue, whereas legal practitioners apply and consider. Reporting, as a ubiquitous linguistic phenomenon, has its disciplinary characteristics. In court judgments, it reflects the way judges identify the evidence of different documents or other courts. In the self-built court judgment corpus, the paper focuses on the way that judicial arguments are constructed through reporting verbs. On the basis of the analysis of the representation (...) and distribution of reporting verbs in court judgments, the study identifies the reporting verbs with high frequencies in court judgments and compares these reporting verbs with those in the comparable reference corpus, written sampler of British National Corpus, which works as a reference corpus. It is found that the tokens of reporting verbs in court judgments are slightly less than those in general texts; the distribution pattern of the speech act verbs and mental verbs in the self-built court judgment corpus is similar to the pattern of two kinds of reporting verbs in the reference corpus; judicial speech act verbs are employed to express the authority of the statements, whereas the judicial mental verbs illustrate the legal reasoning process with individual agents; and there is a significant difference in terms of the reporting verbs’ frequencies within the court judgments and general texts. The results show that the reporting verbs in court judgments have their uniqueness, which may cast light on both judicial and pedagogical practices. (shrink)

Explanation is a central concept in human psychology. Drawing upon philosophical theories of explanation, psychologists have recently begun to examine the relationship between explanation, probability and causality. Our study advances this growing literature in the intersection of psychology and philosophy of science by systematically investigating how judgments of explanatory power are affected by the prior credibility of a potential explanation, the causal framing used to describe the explanation, the generalizability of the explanation, and its statistical relevance for the evidence. (...) Collectively, the results of our five experiments support the hypothesis that the prior credibility of a causal explanation plays a central role in explanatory reasoning: first, because of the presence of strong main effects on judgments of explanatory power, and second, because of the gate-keeping role it has for other factors. Highly credible explanations were not susceptible to causal framing effects. Instead, highly credible hypotheses were sensitive to the effects of factors which are usually considered relevant from a normative point of view: the generalizability of an explanation, and its statistical relevance for the evidence. These results advance current literature in the philosophy and psychology of explanation in three ways. First, they yield a more nuanced understanding of the determinants of judgments of explanatory power, and the interaction between these factors. Second, they illuminate the close relationship between prior beliefs and explanatory power. Third, they clarify the relationship between abductive and probabilistic reasoning. (shrink)

A major focus of ethical argumentation is determining the relative merits of proposed ethical systems. Nevertheless, even the demonstration that a given ethical system was the one most likely to be correct would not establish that an agent should act in accord with that system. Consider, for example, a situation in which the ethical system most likely to be valid is modestly supportive of a certain action, whereas a less plausible system strongly condemns the same action. Should the agent perform (...) the action, arguing that the most plausible system supports doing so, or avoid the action, being conservative about the strong condemnation of it from a less plausible system? I argue that, in general, different ethical frameworks see the ethical world in fundamentally different ways, rendering the comparison of degrees of support and opposition of actions between systems intrinsically invalid. One should indeed choose to act in accord with the most defensible system. I believe that this important topic needs more attention than it has gotten to date. (shrink)

When making substituted judgments for incapacitated patients, surrogates often struggle to guess what the patient would want if they had capacity. Surrogates may also agonize over having the (sole) responsibility of making such a determination. To address such concerns, a Patient Preference Predictor (PPP) has been proposed that would use an algorithm to infer the treatment preferences of individual patients from population-level data about the known preferences of people with similar demographic characteristics. However, critics have suggested that even if (...) such a PPP were more accurate, on average, than human surrogates in identifying patient preferences, the proposed algorithm would nevertheless fail to respect the patient’s (former) autonomy since it draws on the ‘wrong’ kind of data: namely, data that are not specific to the individual patient and which therefore may not reflect their actual values, or their reasons for having the preferences they do. Taking such criticisms on board, we here propose a new approach: the Personalized Patient Preference Predictor (P4). The P4 is based on recent advances in machine learning, which allow technologies including large language models to be more cheaply and efficiently ‘fine-tuned’ on person-specific data. The P4, unlike the PPP, would be able to infer an individual patient’s preferences from material (e.g., prior treatment decisions) that is in fact specific to them. Thus, we argue, in addition to being potentially more accurate at the individual level than the previously proposed PPP, the predictions of a P4 would also more directly reflect each patient’s own reasons and values. In this article, we review recent discoveries in artificial intelligence research that suggest a P4 is technically feasible, and argue that, if it is developed and appropriately deployed, it should assuage some of the main autonomy-based concerns of critics of the original PPP. We then consider various objections to our proposal and offer some tentative replies. (shrink)

The first book to be devoted to the logic behind the application of ethical theories, this collection of essays explores the question of how many different moral traditions (utilitarianism, natural rights theory, Marxism, Christian moral theology, and Kantianism among others) view the relation between theory and concrete judgments. By considering many applications of moral theory in medical ethics the authors illustrate their point.

In this article, we try to clarify some of the issues raised by S. C. Draine, A. G. Greenwald, and M. R. Banaji concerning our investigation into the gender bias in fame judgments . First, we did not test the general hypothesis and did not draw the general conclusion that Drain et al. suggest we did. Second, we did not reject M. R. Banaji and A. G. Greenwald's assumptions about the familiarity of male and female names in the fame (...) judgment task, but we showed how one could have come to reject it using a widespread measurement model for the process dissociation procedure. Third, we argue that the processes which Draine et al. suggest should also be included in the measurement model we used are probably negligible, and if they are not, then the validity of the results of a number of fame judgment experiments must be called into question. In general, however, we agree with what seems to be the main message ofM. R. Banaji and A. G. Greenwald's research, namely, that social categories have to be considered whenever priming is investigated within a social domain. (shrink)

Past work has demonstrated that people’s moral judgments can influence their judgments in a number of domains that might seem to involve straightforward matters of fact, including judgments about freedom, causation, the doing/allowing distinction, and intentional action. The present studies explore whether the effect of morality in these four domains can be explained by changes in the relevance of alternative possibilities. More precisely, we propose that moral judgment influences the degree to which people regard certain alternative possibilities (...) as relevant, which in turn impacts intuitions about freedom, causation, doing/allowing, and intentional action. Employing the stimuli used in previous research, Studies 1a, 2a, 3a, and 4a show that the relevance of alternatives is influenced by moral judgments and mediates the impact of morality on non-moral judgments. Studies 1b, 2b, 3b, and 4b then provide direct empirical evidence for the link between the relevance of alternatives and judgments in these four domains by manipulating (rather than measuring) the relevance of alternative possibilities. Lastly, Study 5 demonstrates that the critical mechanism is not whether alternative possibilities are considered, but whether they are regarded as relevant. These studies support a unified framework for understanding the impact of morality across these very different kinds of judgments. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Fitness, Fatness, and Aesthetic Judgments of the Female Body:What the AMA Decision to Medicalize Obesity means for other Non–Normal Female BodiesSara R. Jordan“I’ll be happy to refer you to our dietician to get you on a program to help you get your weight under control before it becomes a problem”.As my new physician spun around out of the examination room door, my head spun faster. I had heard (...) the phrase “get your weight under control” twice that morning, but the contexts in which the phrase was uttered could not have been more different.At 7:30 a.m., my fitness trainer was imploring me to get my weights under control as I struggled under a bar, laden with slightly less than my body weight, to do a final set of front squats. At 11:15 a.m., my new general practitioner was imploring me to get my weight under control, by which he meant to learn how to reduce my body mass index (BMI) to match the chart prominently displayed on his office wall. The exhortation to get my weight under control meant such radically different things in these two contexts that it was difficult to comprehend the meaning of the phrase.I am 5’4” and 158 pounds. This gives me a BMI of 27.3, which means that I am considered overweight; right in the middle of the category of overweight. Or, according to the definition of the BMI found on the calculator pinned to the National Heart Lung and Blood Institutes (NHLBI) webpage, I am over fat. If the BMI is, “a measure of body fat based on height and weight that applies to adult men and women” then I carry a health–threatening percentage of body fat. If my fitness trainer, with his 12 point skin–fold caliper test is correct, my body fat percentage of 17% is within the limits expected of female (non–endurance) athletes. In terms of health, then, I am a paradox: according to one standard, I am healthy and fit, according to another, I am unhealthy and fat.As this new physician picked apart my weight, suggesting I should lose between 15 and 20 pounds to bring myself to “full health”, I found myself quite annoyed. He was a small, rail thin, man with greying hair, tired eyes, unpressed khakis, and a beaten pair of black–ish grey “Crocs” on his feet. He looked disheveled and as if he had not seen the inside of a weights room in his life. As I listened to him address my history, current vitals, and how being overweight in my 30s could lead to being [End Page 101] “fat and 40”, I looked him over and made a snap judgment of “I could bench (press) you [right out this window]”. While I was angry with his delivery, I tried to remind myself that he was an overworked physician in a multi–lingual office, trying to operate under a new paradigm in healthcare policy, practice, and diagnostic categories. Specifically, prompted by the medicalization of the condition of obesity by the American Medical Association, my physician was reflecting the professional wisdom that I suffer from a condition needing preventive treatment. He was trying to be a good practitioner to recommend preventive treatment, but to me, he was being a terrible physician.The AMA Declares Obesity a DiseaseThe declaration by the American Medical Association in 2013 that the condition of being obese is one that requires medical treatment is one that I, on the face of it, support. By inviting the medicalization of the condition, the AMA opens the door for individuals who wage a deeply personal battle with their weight to find support in their physicians’ offices and from their insurance companies. Yet, the blunt tools that are used to assess these conditions raise my ire, emotionally and intellectually.Intellectually, the use of the BMI calculator for snap diagnosis of all individuals makes easy sense. It is an easily comprehended tool and, for a normally distributed population, such a simple tool is an excellent choice. But, it stands to treat outliers like me poorly. Outliers, such as particularly fit... (shrink)

At the outset of this discussion, I undertook to present an argument from design which would follow Swinburne's example in making use of a priori judgments, while avoiding some of the objections which have been posed in response to his treatment of these issues. So we need to ask: how does this approach to the question of design compare with Swinburne's?Swinburne argues that a chaotic world is a priori more likely than an ordered world: this consideration provides one central (...) reason, on his account, for giving an explanation of some sort for the world's regularity. The other central argument he advances for this claim is the argument from analogy (in terms of the coins) which we noted earlier. The approach I have taken offers an alternative route to this same conclusion. In particular, it substitutes the simpler a priori judgments recorded in (i) and (ii) for the rather difficult and contentious claim that chaos is a priori more likely than order. In place of this claim, I have offered the judgment that order, or recurrence, is more likely given the activity of a common source or common kind of source than otherwise: this proposal does not commit us to a view either way on the question of whether order is a priori likely per se. Moreover, in place of Swinburne's analogical argument, I have offered an a priori approach, with the advantages I have noted.Given that recurrence is to be explained, we might ask: why offer an explanation in terms of design? On this point, Swinburne argues, for instance, that no other explanation of temporal regularity is even possible a priori. Again, the a priori principles which I have used, in (iv) and (v), may be less ambitious, but at the same time more persuasive. In support of this same idea, Swinburne also cites various ideas to do with the predictive power of the idea of design. I have tried to bring out the role of this sort of consideration in terms of my principle (v). Principle (iv) has no place in Swinburne's account, in view of his reliance on the principle of simplicity as a measure of prior probability.Lastly, we may ask: if we are to cite a designer, are there reasons for attributing to this agent more powers than are needed for the production of the effect to be explained? On this point, Swinburne cites the principle of simplicity. Again, my approach avoids what has proved to be a relatively controversial judgment about the nature of a priori probabilities, offering in place of the principle of simplicity the less ambitious principle recorded in (iii). At this point, I have moreover inverted the logical sequence of Swinburne's argument: it seems to me that, in the ways I have indicated, it is helpful to consider the extent of the powers of the source of recurrence before addressing the question of design.In these various ways, I hope I have made good my undertaking to present an argument which avoids some of the controversy surrounding the particular measures of a priori probability which figure in Swinburne's argument. Moreover, I hope that this approach provides an indication of how a priori judgments may function in a relatively unproblematic way within an argument from design, in so far as (i)–(v) are all rather modest proposals. In sum, the argument I have presented is distinguished by its explicit use of the a priori judgments recorded in (i)–(v), by its attempt to buttress in this fashion analogical forms of argument, and by the logical role it gives to the idea that the source of regularity possesses more powers than are required for the production of this effect.Lastly, we might ask: how persuasive is this argument? Of course, the cogency of the idea of design depends upon the balance of debate in other areas of the philosophy of religion, especially upon our ability to provide some account of the existence of evil. In this paper, I have been concerned to argue simply that recurrence by kind provides evidence for design: I have not addressed the question of whether other features of the world provide good evidence against the idea of (benevolent) design. However, if we confine our attention to this one phenomenon, there is it seems to me good evidence for the idea of design, (i) and (ii) suggest that recurrence surely calls for some explanation; (iii), together with the existence in nature of statistical irregularities, suggests that whatever provides this explanation could have brought about other effects besides; and design seems the only clear explanation of why this effect should have been brought about, if (as I have argued) analogies drawn from vegetable and animal reproduction fail, and if we cannot explain the effect satisfactorily by reference to the conditions of observation. Moreover, I have argued that there are reasons for supposing that the probability a priori of design is relatively high in relation to the probability a priori of any rival hypothesis of equivalent predictive power. In brief, this is because the design hypothesis (unlike the hypothesis of theism) can cite an agent of relatively indeterminate power in order to account for the phenomenon to be explained. In this regard, it is less ‘precisely defined’ than any rival hypothesis of equivalent predictive power. If all of this is so, then as philosophers from early times have supposed, temporal regularity provides the basis for a powerful argument in favour of design. It remains true, of course, that its import can be judged in full only when we have taken into account the relevance of other phenomena, many of which are apparently less favourable to the idea of design. (shrink)

Judgments concerning animals have arisen across a variety of established practice areas. There is, however, no publicly available repository of judgments concerning the emerging practice area of animal protection law. This has hindered the identification of individual animal protection law judgments and comprehension of the scale of animal protection law made by courts. Thus, we detail the creation of an initial animal protection law repository using natural language processing and machine learning techniques. This involved domain expert classification (...) of 500 judgments according to whether or not they were concerned with animal protection law. 400 of these judgments were used to train various models, each of which was used to predict the classification of the remaining 100 judgments. The predictions of each model were superior to a baseline measure intended to mimic current searching practice, with the best performing model being a support vector machine (SVM) approach that classified judgments according to term frequency—inverse document frequency (TF-IDF) values. Investigation of this model consisted of considering its most influential features and conducting an error analysis of all incorrectly predicted judgments. This showed the features indicative of animal protection law judgments to include terms such as ‘welfare’, ‘hunt’ and ‘cull’, and that incorrectly predicted judgments were often deemed marginal decisions by the domain expert. The TF-IDF SVM was then used to classify non-labelled judgments, resulting in an initial animal protection law repository. Inspection of this repository suggested that there were 175 animal protection judgments between January 2000 and December 2020 from the Privy Council, House of Lords, Supreme Court and upper England and Wales courts. (shrink)

Research has documented that individuals consider outcomes, intentions, and transgressor negligence when making morally relevant judgments (Nobes, Panagiotaki, & Engelhardt, 2017). However, less is known about whether individuals attend to both victim and transgressor negligence in their evaluations. The current study measured 3‐ to 6‐year‐olds (N = 70), 7‐ to 12‐year‐olds (N = 54), and adults' (N = 97, ages 18–25 years) moral judgments about scenarios in which an accidental transgression occurred involving property damage or physical harm. Participants (...) were either assigned to conditions where the victim or the transgressor was negligent. Results revealed attention to negligence among all participants across a range of different moral judgment measures (including acceptability judgments, punishment judgments, and attributions of blame), with age‐related increases in attention to negligence evident. Results provide novel evidence that children and adults consider not just outcomes and intentions, but also the role of negligence in both victims and transgressors, when making social decisions. (shrink)

Conventional quantitative methods for the measurement of organizational legitimacy consider mainly three sources that make judgments about organizations visible: news media, accreditation bodies, and surveys. Over the last decade, however, social media have enabled ordinary citizens to bypass the gatekeeping function of these institutional evaluators and autonomously make individual judgments public. This inclusion of voices beyond functional and formally organized stakeholder groups potentially pluralizes the ongoing discussions about organizations. The individual judgments in blogs, tweets, and Facebook posts (...) give indication about the broader fit between an organization’s perceived behavior and heterogeneous social norms and therefore constitute an indicator of organizational legitimacy that can be accessed and measured. We propose the use of social media data and sentiment analysis to study the affect-based responses to organizational actions by citizens. We critically discuss and compare the method with existing quantitative methods for legitimacy measurement and apply them to a recent case in the banking industry. We discuss the value of the method for studying the process of legitimacy construction as the expression and negotiation of normative judgments about organizations by various evaluators. (shrink)

Political judgments usually combine a normative principle or intuition with an appreciation of empirical facts regarding the achievability of different options and their potential consequences. The interesting question dividing partisans of political idealism and realism is whether these kinds of considerations should be integrated into the normative principles themselves or considered apart. At first sight, if a theorist is concerned with guiding political judgments, non-ideal or realist theorizing can seem more attractive. In this article, however, I argue (...) that ideal theorizing might be considered valuable even by theorists moved by a pragmatic concern because it is less exposed to conservatism. I nonetheless contend that the aim to guide action in the world as it is should not be abandoned. Therefore, I outline a four-step method for proceeding from abstract moral principles to concrete political judgments and apply it to a test case. (shrink)

In this article, we consider the problem of a discrepancy between, on the one hand, lay prescriptive judgments on the necessity of altruistic actions and, on the other, attributing moral worth to these actions. Based on Kantian theory of morality, we hypothesized that lay attributions of the moral worth of altruistic actions would be inversely related to normative ought-judgments according to which these actions should be performed, as having positive evolutionary-based utilitarian externalities for the actors. To test this (...) general hypothesis, we conducted two experiments using the same set of vignettes that were constructed based on systematically varying such factors as relatedness, reciprocity, the size of donation, and probability of meeting in the future. The results provide overall confirmation of our assumption, as evaluative judgments about the moral worth were inversely dependent on information provided about possible contributions from such consequentialist, payoff-based mechanisms as kinship and expected reciprocity, while prescriptive judgments were positively influenced by such information cues. (shrink)

When we discuss the value of a work of art we are confronted immediately with two difficulties: the terms we use, and the peculiar character of art. No one, to my knowledge, has ever doubted that an artist produces a form of some kind, and that in any discussion of art as art that form must somehow be considered; but the terms we use generally have no reference to form. We miss the form in various ways We use terms (...) that are nonartistic—that is, terms that refer to something external to the work, as when we speak of the subject of a painting, of what was depicted rather than the depiction of it, though we know full well that what we respond to is not what was depicted but the depiction of it. "This is a play about Oedipus— what does that tell us of the diverse forms produced by Sophocles, Seneca, Dryden, Voltaire, Gide, Cocteau? Or again, we use terms which are analogical, for example, the "rhythm" of a painting; the difficulty with these is that they are ambiguous and also that, while they may relate to the work, they can designate it only insofar as there is similarity between it and the analogue. Again, we use terms which seem to designate a single form when in fact they refer to forms of the utmost heterogeneity, as when we speak of "the novel"; this usually arises out of the indiscriminate application of the term over some considerable span of history, so that the "historical slippage" of meaning is gradual and goes unnoticed. As the term broadens in meaning to include more and more heterogeneous forms, the essence of each is lost, and the term comes to apply only to accidental analogies between the forms. In the end very little can then be said, involving only the most abstract and general accidents of likeness. Henry James' The Art of Fiction, Percy Lubbock's The Craft of Fiction, and E.M. Forster's Aspects of the Novel illustrate this condition perfectly. The complaint that it is impossible to discuss tragedy because the term has been diversely employed and its proffered justification stem from this condition. The complaint and the justifications are both trivial, and the solution of the difficulty is simple. All that is necessary is to distinguish the different senses of the term by distinguishing the different things to which it is applied. Language is ambiguous, and we use it ambiguously; this in no way implies that the ambiguities cannot be cleared up. Finally, we may use terms which indeed have reference to the form of the work but place the part for the whole; that is, terms which are elements in its definition but do not constitute the complete definition. Thus we designate something, not through the form proper but through the device or method used, as in "drama," "sculpture," "etching," "collage," or through the means or medium, as in "charcoal sketch," "watercolor," "oil painting." The point is not that the object is not, say, a drama or a watercolor; of course it is. The point is rather that these terms do not as such refer to the form and refer to it completely. If in fact they stipulated form, all charcoal sketches would be alike in form, and all oil paintings, and all dramas. One consequence of speaking in such a fashion is that we are likely to confuse the method with the form and talk of, say, "the nature of drama" as though all drama were of the same "nature," whereas the dramatic method is used in a wide variety of forms; or to confuse the medium or means with the form and to assure that the work can have no properties beyond those of its medium, as though artists did not exist and all art were simply nature.Elder Olson, poet and critic, has received numerous awards for his verse . Among his many works are Tragedy and the Theory of Drama, and The Theory of Comedy. His contributions to Critical Inquiry are "The Poetic Process"" , Part 1 of a "Conspectus of Poetry", and Part 2 of a "Conspectus of Poetry". (shrink)

This paper argues that doctors ought to make all things considered value judgments about what is best for their patients. It illustrates some of the shortcomings of the model of doctor as 'fact-provider'. The 'fact-provider' model fails to take account of the fact that practising medicine necessarily involves making value judgments; that medical practice is a moral practice and requires that doctors reflect on what ought to be done, and that patients can make choices which fail to (...) express their autonomy and which are based on mistaken judgments of value. If doctors are properly to respect patient autonomy and to function as moral agents, they must make evaluations of what their patients ought to do, all things considered. This paper argues for 'rational, non-interventional paternalism'. This is a practice in which doctors form conceptions of what is best for their patients and argue rationally with them. It differs from old-style paternalism in that it is not committed to doing what is best. (shrink)

The present study extends the study of individuals' ethical ideology withinthe context of marketing ethics issues. A national sample of marketing professionals participated. Respondents' ethical ideologies were classified as absolutists, situationists, exceptionists, or subjectivists using the Ethical Position Questionnaire (Forsyth, 1980). Respondents then answered questions about three ethically ambiguous situations common to marketing and sales. The results indicated that marketers' ethical judgments about the situations differed based on their ethical ideology, with absolutists rating the actions as most unethical. The (...) findings are consistent with those of two earlier studies that utilized samples of business students (Barnett et al., 1994, 1995). The results suggest that personal moral philosophy is an important influence on ethical decision making that should be considered in empirical studies of business ethics. The results also support the utility of the Ethical Position Questionnaire (Forsyth, 1980) as a means for researchers and practitioners to assess individuals' ethical ideology. (shrink)

The current research investigates how religiosity can influence unethicality in a consumption context. In particular, considering the link between extrinsic religious orientations and unethicality, this research clarifies why and when extrinsic religiosity leads to unethical decisions. Across two studies, findings show that ethnocentrism is both a mediator and a moderator of the effects of extrinsic religiosity on consumers’ ethical judgments. This is because extrinsic religiosity leads to ethnocentrism, and in-group loyalty manifested through ethnocentrism increases support for unethical consumer actions, (...) thus establishing ethnocentrism as a mediator. At the same time, different levels of ethnocentrism can also influence how extrinsic religiosity leads to supporting unethical consumption via self-righteousness, thus establishing ethnocentrism as a moderator. The findings from this research have significant implications for diverse stakeholders who have an interest in religiosity and consumer behavior. (shrink)

In an era characterized by fast technological progress that introduces new unpredictable scenarios every day, working in the law field may appear very difficult, if not supported by the right tools. In this respect, some systems based on Artificial Intelligence methods have been proposed in the literature, to support several tasks in the legal sector. Following this line of research, in this paper we propose a novel method, called PRILJ, that identifies paragraph regularities in legal case judgments, to support (...) legal experts during the redaction of legal documents. Methodologically, PRILJ adopts a two-step approach that first groups documents into clusters, according to their semantic content, and then identifies regularities in the paragraphs for each cluster. Embedding-based methods are adopted to properly represent documents and paragraphs into a semantic numerical feature space, and an Approximated Nearest Neighbor Search method is adopted to efficiently retrieve the most similar paragraphs with respect to the paragraphs of a document under preparation. Our extensive experimental evaluation, performed on a real-world dataset provided by EUR-Lex, proves the effectiveness and the efficiency of the proposed method. In particular, its ability of modeling different topics of legal documents, as well as of capturing the semantics of the textual content, appear very beneficial for the considered task, and make PRILJ very robust to the possible presence of noise in the data. (shrink)

Extant models of moral judgment assume that an action’s intentionality precedes assignments of blame. Knobe (2003b) challenged this fundamental order and proposed instead that the badness or blameworthiness of an action directs (and thus unduly biases) people’s intentionality judgments. His and other researchers’ studies suggested that blameworthy actions are considered intentional even when the agent lacks skill (e.g., killing somebody with a lucky shot) whereas equivalent neutral actions are not (e.g., luckily hitting a bull’s-eye). The present five studies (...) offer an alternative account of these provocative findings. We suggest that people see the morally significant action examined in previous studies (killing) as accomplished by a basic action (pressing the trigger) for which an unskilled agent still has sufficient skill. Studies 1 through 3 show that when this basic action is performed unskillfully or is absent, people are far less likely to view the killing as intentional, demonstrating that intentionality judgments, even about immoral actions, are guided by skill information. Studies 4 and 5 further show that a neutral action such as hitting the bull’s-eye is more difficult than killing and that difficult actions are less often judged intentional. When difficulty is held constant, people’s intentionality judgments are fully responsive to skill information regardless of moral valence. The present studies thus speak against the hypothesis of a moral evaluation bias in intentionality judgments and instead document people’s sensitivity to subtle features of human action. (shrink)

Children tend to view equal resource distributions as more fair than unequal ones, but will sometimes view even unequal distributions as fair. However, less is known about how children form judgments about inequality when different procedures are used. In the present study, we investigated children’s consideration of procedures, outcomes, and emotions when judging the fairness of unequal resource distributions. Participants were introduced to a Fair Coin and an Unfair Coin. In two between-subjects conditions, they watched a researcher flip either (...) the Fair or Unfair Coin in order to distribute resources unequally between two child recipients. Participants then rated the fairness of this event, provided verbal justifications for their ratings, and rated the emotional state of each recipient. Results revealed that participants rated the event as more fair in the Fair Coin than the Unfair Coin condition. References to the outcome in children’s justifications predicted lower fairness ratings, while references to the procedure only predicted lower ratings in the Unfair Coin condition. Greater Emotion Difference Scores predicted lower fairness ratings, and this effect increased with age. Together, these results show that children consider procedures, outcomes, and emotions when judging the fairness of inequality. Moreover, results suggest age-related increases in consideration of recipients’ emotions makes inequality seem less fair, even when fair procedures are used. Implications for the development of fairness are discussed. (shrink)

Comparative judgments abound in sports. Fans and pundits bandy about which of two players or teams is bigger, faster, stronger, more talented, less injury prone, more reliable, safer to bet on, riskier to trade for, and so on. Arguably, of most interest are judgments of a coarser type: which of two players or teams is, all-things-considered, just plain better? Conventionally, it is accepted that such comparisons can be appropriately captured and expressed by sports rankings. Rankings play an (...) important role in sports arguably because of the conventional acceptance that rankings capture and express all-things-considered relations between the ranked teams or players. Standard ranking practices rely on a number of widely held assumptions. I discuss three of the most important and argue that at least one of them must be false. If this is right, the strong and growing commitment to using rankings to determine participation in tournaments and the awarding of championships is mistaken. At the least, given the con... (shrink)