The use of artificial intelligence (AI) to aid legal decision making has become prominent. This paper investigates the use of AI in a critical issue in employment law, the determination of a worker’s status—employee vs. independent contractor—in two common law countries (the U.S. and Canada). This legal question has been a contentious labor issue insofar as independent contractors are not eligible for the same benefits as employees. It has become an important societal issue due to the ubiquity of the gig (...) economy and the recent disruptions in employment arrangements. To address this problem, we collected, annotated, and structured the data for all Canadian and Californian court cases related to this legal question between 2002 and 2021, resulting in 538 Canadian cases and 217 U.S. cases. In contrast to legal literature focusing on complex and correlated characteristics of the employment relationship, our statistical analyses of the data show very strong correlations between the worker’s status and a small subset of quantifiable characteristics of the employment relationship. In fact, despite the variety of situations in the case law, we show that simple, off-the-shelf AI models classify the cases with an out-of-sample accuracy of more than 90%. Interestingly, the analysis of misclassified cases reveals consistent misclassification patterns by most algorithms. Legal analyses of these cases led us to identify how equity is ensured by judges in ambiguous situations. Finally, our findings have practical implications for access to legal advice and justice. We deployed our AI model via the open-access platform, https://MyOpenCourt.org/, to help users answer employment legal questions. This platform has already assisted many Canadian users, and we hope it will help democratize access to legal advice to large crowds. (shrink)

Theories of discourse bring to realism new ideas about how knowledge develops and how representations of reality are influenced. We gain an understanding of the conceptual aspect of social life and the processes by which meaning is produced. This collection reflects the growing interest realist critics have shown towards forms of discourse theory and deconstruction. The diverse range of contributions address such issues as the work of Derrida and deconstruction, discourse theory, Eurocentrism and poststructuralism. What unites all of the contributions (...) is a sense that it is essential to provide a realist alternative to the hitherto dominance of social constructionism, hermeneutics and postmodernism, over many of the issues discussed. By developing a realist perspective the different authors attempt to embed discourse within the structured nature of the reality of the world. Realism can situate language, discourse and ideology within context specific, or 'causally efficacious' circumstances. Realism can help to uncover issues of power, representation, and subjectivity and how discursive and other social practices produce real effects. This can help us understand the manner in which social structures are reproduced through various forms of ideology and discourse. And by knowing this, we can start to address questions concerning human emancipation and how the world is to be transformed. (shrink)

In the wake of the Scientific Revolution, the late seventeenth and eighteenth centuries saw the complete demolition of traditional structures of authority, scientific thought, and belief by the new philosophy and the philosophes, including Voltaire, Diderot, and Rousseau. The Radical Enlightenment played a part in this revolutionary process, which effectively overthrew all justification for monarchy, aristocracy, and ecclesiastical power, as well as man's dominance over woman, theological dominance of education, and slavery. Despite the present day interest in the revolutions of (...) the eighteenth century, the origins and rise of the Radical Enlightenment have received limited scholarly attention. The greatest obstacle to the movement finding its proper place in modern historical writing is its international scope: the Racial Enlightenment was not French, British, German, Italian, Jewish or Dutch, but all of these at the same time. In this wide-ranging volume, Jonathan Israel offers a novel interpretation of the Radical Enlightenment down to La Mettie and Diderot, two of its key exponents. Particular emphasis is placed on the pivotal role of Spinoza and the widespread underground international philosophical movement known before 1750 as Spinozism. (shrink)

Qu’est-ce que l’art? Qu’est-ce que le beau selon la philosophie de Hegel? La définition cherchée ne peut être donnée de suite, elle sera le résultat d’un processus. Pour aller vers cette définition il faut donc commencer ce processus de définition. Le point de départ ne peut tenir qu’à l’usage des mots ici et maintenant. La philosophie ne peut faire que cela. Le commencement du raisonnement visant à définir commence au sens du mot pris aujourd’hui et qui se donne dans un (...) usage. Cet usage ne... (shrink)

This book is available either individually, or as part of the specially-priced Arguments of the Philosphers Collection.

Epistemology has for a long time focused on the concept of knowledge and tried to answer questions such as whether knowledge is possible and how much of it there is. Often missing from this inquiry, however, is a discussion on the value of knowledge. In The Value of Knowledge and the Pursuit of Understanding Jonathan Kvanvig argues that epistemology properly conceived cannot ignore the question of the value of knowledge. He also questions one of the most fundamental assumptions in (...) epistemology, namely that knowledge is always more valuable than the value of its subparts. Taking Platos' Meno as a starting point of his discussion, Kvanvig tackles the different arguments about the value of knowledge and comes to the conclusion that knowledge is less valuable than generally assumed. Clearly written and well argued, this 2003 book will appeal to students and professionals in epistemology. (shrink)

Conditional sentences are among the most intriguing and puzzling features of language, and analysis of their meaning and function has important implications for, and uses in, many areas of philosophy. Jonathan Bennett, one of the world's leading experts, distils many years' work and teaching into this Philosophical Guide to Conditionals, the fullest and most authoritative treatment of the subject. An ideal introduction for undergraduates with a philosophical grounding, it also offers a rich source of illumination and stimulation for graduate (...) students and professional philosophers. (shrink)

Liberalism without Perfection offers an introduction to the debate between liberal perfectionism and political liberalism. This book is a new account and defence of Rawlsian political liberalism, one of the most discussed, but widely misunderstood and criticized theories in contemporary political theory.

This title presents a comprehensive guide to interpretative phenomenological analysis (IPA) which is an increasingly popular approach to qualitative inquiry taught to undergraduate and postgraduate students today.

This article examines the role of bodily expressions within Augustine’s theory of signs and language. Philosophical reflection, rhetorical practice, and his own homiletical experience all led Augustine to consider the role played by the body in communicative acts. The invesitgation is sharpened via careful analysis of the rhetorical category of actio and close readings of particular passages that are relevant for Augustine’s understanding of the process of learning language in general and of learning the catechism in particular. The centrality of (...) bodiy signs for the dramatization of the famous scene of Augustine’s conversion in the Milanese garden is also discussed: here, voice and physiognomy express the tragedy of the will, even as bodily signs prove crucial to Augustine’s particular retelling of the story. (shrink)

" Here Jonathan Lear argues that irony is one of the tools we use to live seriously, to get the hang of becoming human.

Previous literature has shown contradictory results regarding the relationship between economic liberalism at the country level and firms’ engagement in corporate social action. Because liberalism is associated with individualism, it is often assumed that firms will engage in mostly symbolic rather than substantive social and environmental actions; in other words, they will practice “greenwashing.” To understand how cultural beliefs in the virtues of liberalism affect the likelihood of greenwashing, we disentangle the effects of the distinct and co-existing beliefs in the (...) virtues of economic liberalism. We begin by conducting an exploratory qualitative analysis of managers’ sentiments on this matter, based on a focus group methodology. We then use these investigative elements to articulate a comparison of the conflicting theoretical arguments: in liberal contexts, are firms, as social entities, inherently selfish or pro-active when it comes to CSA? We empirically test our hypotheses on a large-scale dataset. Finally, we show paradoxically that in countries where beliefs in the virtues of competition are strong, firms are more likely to greenwash, while in countries where beliefs in the virtues of individual responsibility are prominent, firms are more likely to focus on concrete actions. These findings suggest that in contexts where weak governments are seen as ideal, firms might feel the need to step into fill institutional voids, in contexts in which competitive mindsets dominate, this tendency is counterbalanced. (shrink)

Timely and provocative essays on bioethical questions brought to the forefront by the bioterrorist threat.

Many philosophers have been attracted to the view that reasons are premises of good reasoning – that reasons to φ are premises of good reasoning towards φ-ing. However, while this reasoning view is indeed attractive, it faces a problem accommodating outweighed reasons. In this article, I argue that the standard solution to this problem is unsuccessful and propose an alternative, which draws on the idea that good patterns of reasoning can be defeasible. I conclude by drawing out implications for the (...) debate over pragmatic reasons for belief and other attitudes and for one influential form of reductionism about the normative. (shrink)

The study of conscious experience per se has not kept pace with the dramatic advances in PET, fMRI and other brain-scanning technologies. If anything, the standard approaches to examining the 'view from within' involve little more than cataloguing its readily accessible components. Thus the study of lived subjective experience is still at the level of Aristotelian science, leading to a widespread scepticism over the possibility of a truly scientific study of conscious experience. Drawing on a wide range of approaches -- (...) from phenomenology to meditation -- The View From Within examines the possibility of a disciplined approach to the study of subjective states. The focus is on the practical issues involved. (shrink)

This volume contains twenty-two papers dedicated to ancient and medieval representations of justice, from the Septuagint to Thomas of Aquinas. It explores over a long historical period the evolution of various aspcts of this notion, understood as an individual virtue and as an ethical ideal, but also as a political value embodied in laws, rules, and institutions. In particular, it examines how early Christian authors, relying on biblical meanings of justice, have modified the conceptual framework and socio-political practices bound to (...) this idea. To demonstrate the contribution of Christian literature, considered here from Tertullian to Fulgentius Ferrandus, notions of justice from the bible and antiquity shall be studied followed by their medieval intellectual posterity. To what extent does this tradition of thought testify to a renewal of perceptions of justice, divine as well as human, and of injustice? How has it influenced representations of justice in the medieval world, whether expressed in academic treatises or in fiction? This volume lies at the junction of classical studies, biblical and patristic studies, medieval literature and philosophy. (shrink)

"Dans l'Antiquité grecque et romaine, la voix occupe une place éminente. Phénomène d'abord acoustique, elle se diffracte dans les nombreux domaines où elle est mise en oeuvre : chant, musique, poésie, médecine, philosophie, religion, rhétorique, théâtre. Les dix-huit études de ce volume pluridisciplinaire sont consacrées aux pouvoirs et aux effets de la voix, tels qu'ils sont exposés par la philosophie et la littérature antiques d'Homère à Augustin. Comment les modalités d'émission et de réception des voix sont-elles perçues, comprises et décrites? (...) Comment les textes des Anciens peuvent-ils encore résonner pour nous d'une voix forte?"--Page 4 of cover. (shrink)

This book represents the first major attempt by any author to provide an integrated account of the evidence for bias in human reasoning across a wide range of disparate psychological literatures. The topics discussed involve both deductive and inductive reasoning as well as statistical judgement and inference. In addition, the author proposes a general theoretical approach to the explanations of bias and considers the practical implications for real world decision making. The theoretical stance of the book is based on a (...) distinction between preconscious heuristic processes which determine the mental representation of 'relevant' features of the problem content, and subsequent analytic reasoning processes which generate inferences and judgements. Phenomena discussed and interpreted within this framework include feature matching biases in propositional reasoning, confirmation bias, biasing and debiasing effects of knowledge on reasoning, and biases in statistical judgement normally attributed to 'availability' and 'representativeness' heuristics. In the final chapter, the practical consequences of bias for real life decision making are considered, together with various issues concerning the problem of 'debiasing'. The major approaches discussed are those involving education and training on the one hand, and the development of intelligent software and interactive decision aids on the other. (shrink)

Research on the capacity to understand others' minds has tended to focus on representations ofbeliefs,which are widely taken to be among the most central and basic theory of mind representations. Representations ofknowledge, by contrast, have received comparatively little attention and have often been understood as depending on prior representations of belief. After all, how could one represent someone as knowing something if one does not even represent them as believing it? Drawing on a wide range of methods across cognitive science, (...) we ask whether belief or knowledge is the more basic kind of representation. The evidence indicates that nonhuman primates attribute knowledge but not belief, that knowledge representations arise earlier in human development than belief representations, that the capacity to represent knowledge may remain intact in patient populations even when belief representation is disrupted, that knowledge (but not belief) attributions are likely automatic, and that explicit knowledge attributions are made more quickly than equivalent belief attributions. Critically, the theory of mind representations uncovered by these various methods exhibits a set of signature features clearly indicative of knowledge: they are not modality-specific, they are factive, they are not just true belief, and they allow for representations of egocentric ignorance. We argue that these signature features elucidate the primary function of knowledge representation: facilitating learning from others about the external world. This suggests a new way of understanding theory of mind – one that is focused on understanding others' minds in relation to the actual world, rather than independent from it. (shrink)

Jonathan Y. Tsou examines and defends positions on central issues in philosophy of psychiatry. The positions defended assume a naturalistic and realist perspective and are framed against skeptical perspectives on biological psychiatry. Issues addressed include the reality of mental disorders; mechanistic and disease explanations of abnormal behavior; definitions of mental disorder; natural and artificial kinds in psychiatry; biological essentialism and the projectability of psychiatric categories; looping effects and the stability of mental disorders; psychiatric classification; and the validity of the (...) DSM's diagnostic categories. The main argument defended by Tsou is that genuine mental disorders are biological kinds with harmful effects. This argument opposes the dogma that mental disorders are necessarily diseases that result from biological dysfunction. Tsou contends that the broader ideal of biological kinds offers a more promising and empirically ascertainable naturalistic standard for assessing the reality of mental disorders and the validity of psychiatric categories. (shrink)

In this book Jonathan Adler offers a strengthened version of evidentialism, arguing that the ethics of belief should be rooted in the concept of belief--that...

Cet article vise à montrer comment Augustin conçoit la voix selon son aspect corporel. Phénomène acoustique d’origine physiologique, elle est une réalité muable et transitoire, qui relève du sensible ; en vertu d’une représentation de type dualiste, Augustin l’oppose à diverses réalités spirituelles et intelligibles, telle la forme, qui donne sens à la voix confuse. Outre l’influence des philosophies antiques du langage, cette conception de la voix reflète l’évolution de la valeur du « verbe », de plus en plus intériorisé (...) par Augustin. La voix s’intègre à une réflexion sur l’Incarnation, comme le montrent les images où elle apparaît : le paradigme du signe linguistique la rapproche de la « chair » extérieure du Verbe ; et la personne de Jean-Baptiste, voix proprement dite, résume en lui toutes les voix annonciatrices du Christ. Chair du Verbe ou représentée par Jean-Baptiste, la voix dépasse alors la simple corporéité et devient présence singulière qui fait signe vers l’altérité. (shrink)

Résumé Cet article vise à réexaminer le « scepticisme » de Marius Victorinus, tel que l’avait défini Pierre Hadot, en s’appuyant principalement sur le Commentaire sur le De inventione. On constate que Marius Victorinus y infléchit le propos de l’Arpinate ; dans cet ouvrage antérieur à sa conversion, la condamnation sans appel de l’opinion, liée au monde des hommes, englobe le dogme chrétien ; Victorinus intègre certains motifs sceptiques à un propos globalement influencé par le néoplatonisme porphyrien. Dans un second (...) temps, une comparaison est menée avec la réfutation du scepticisme par Augustin dans le Contra Academicos, écrit en 386. Même si l’on ne peut en tirer de conclusions fermes sur une influence de Victorinus, la comparaison entre ces deux œuvres sur les questions liées aux thèmes de la connaissance, sur les notions de probable, de vrai et de vraisemblable montrent des choix opposés, témoignant d’une réception différente des concepts cicéroniens en la matière. (shrink)

This article intends to see to what extend Augustine’s Confessions may correspond to a kind of parrhesia, as analyzed by Michel Foucault about ancient christian writers in Le courage de la vérité. The classical parrhesia is actually subverted in the specific structure of the Confessions : the frankness of the parrhesia is supposed to have an effect on Augustine as author and on his readers, not on the omniscient God – whom Augustine precisely addresses. Furthermore, his trust in God – (...) another manifestation of parrhesia that is expressed by the Latin word fiducia – has biblical roots, but is also renewed by the idea of grace. Nevertheless, we can say that the apologetical and religious aspect of parrhesia which appears in some passages of the Confessions reminds somehow the traditional political use of parrhesia. (shrink)

This article gives an overview of some recent debates about the relationship between reasons and rational requirements of coherence - e.g. the requirements to be consistent in our beliefs and intentions, and to intend what we take to be the necessary means to our ends.

Evidentialism is the thesis that all reasons to believe p are evidence for p. Pragmatists hold that pragmatic considerations – incentives for believing – can also be reasons to believe. Nishi Shah, Thomas Kelly and others have argued for evidentialism on the grounds that incentives for belief fail a ‘reasoning constraint’ on reasons: roughly, reasons must be considerations we can reason from, but we cannot reason from incentives to belief. In the first half of the paper, I show that this (...) argument fails: the claim that we cannot reason from incentives is either false or does not combine with the reasoning constraint to support evidentialism. However, the failure of this argument suggests an alternative route to evidentialism. Roughly, reasons must be premises of good reasoning, but it is not good reasoning to reason from incentives to belief. The second half of the paper develops and defends this argument for evidentialism. (shrink)

In the newly-discovered “On Principles and Matter”—we can definitely ascertain by Porphyry—the author concludes that there must be two principles responsible for all beings, or at least all sensible beings: God (the active cause) and matter (the passive cause). In large part this agrees with Atticus’ position, which the text also quotes, and which we also know Porphyry engaged with vigorously, from Proclus’ Timaeus Commentary. However there is a something odd about this text’s Porphyry: we seem to have a positive (...) argument for much of Antiochus’ framework of two principles, while in Proclus’ testimony we have a negative argument for the very same position. In this paper I analyze in detail the positive argument for the two principles given in “On Principles”, and I consider the degree to which Porphyry may be supplying a dialectical argument at this point in the text, before eventually criticizing the same view elsewhere (as in Proclus’ testimony). I also consider other points of contact for the text’s two-principles framework with Porphyry’s other extant works and show some consequences for Porphyry’s overall position. (shrink)

The Oxford Translation of Aristotle was originally published in 12 volumes between 1912 and 1954. It is universally recognized as the standard English version of Aristotle. This revised edition contains the substance of the original Translation, slightly emended in light of recent scholarship three of the original versions have been replaced by new translations and a new and enlarged selection of Fragments has been added. The aim of the translation remains the same: to make the surviving works of Aristotle readily (...) accessible to English speaking readers. (shrink)

The power of the positive moral emotions to uplift and transform people has long been known, but not by psychologists. In 1771, Thomas Jefferson's friend Robert Skipwith wrote to him asking for advice on what books to buy for his library, and for his own education. Jefferson sent back a long list of titles in history, philosophy, and natural science. But in addition to these obviously educational works, Jefferson advised the inclusion of some works of fiction. Jefferson justified this advice (...) by pointing to the beneficial emotional effects of great fiction: [E]very thing is useful which contributes to fix us in the principles and practice of virtue. When any... act of charity or of gratitude, for instance, is presented either to our sight or imagination, we are deeply impressed with its beauty and feel a strong desire in ourselves of doing charitable and grateful acts also. On the contrary when we see or read of any atrocious deed, we are disgusted with its deformity and conceive an abhorrence of vice. Now every emotion of this kind is an exercise of our virtuous dispositions; and dispositions of the mind, like limbs of the body, acquire strength by exercise. (shrink)

How is reality really manufactured? The idea of social construction has become a commonplace part of much social research, yet precisely what is constructed, how it is constructed, and what constructionism means are often left unclear or taken for granted. In this major work, Jonathan Potter explores the central themes raised by these questions. Representing Reality explores the different traditions in constructivist thought--including sociology of scientific knowledge; conversation analysis and ethnomethodology; and semiotics, poststructuralism, and postmodernism--to provide a lucid introduction (...) to several key strands of work that have overturned the way we think about facts and descriptions. Potter illustrates his points throughout with varied and engaging examples taken from newspaper stories, relationship counseling sessions, accounts of paranormal events, social workers' assessments of violent parents, informal talk between program organizers, political arguments, and everyday conversations. Representing Reality offers the student and scholar in social psychology, rhetoric and discourse, and related fields a critical introduction to constructivism. (shrink)

Causal claims are context sensitive. According to the old orthodoxy (Mackie 1974, Lewis 1986, inter alia), the context sensitivity of causal claims is all due to conversational pragmatics. According to the new contextualists (Hitchcock 1996, Woodward 2003, Maslen 2004, Menzies 2004, Schaffer 2005, and Hall ms), at least some of the context sensitivity of causal claims is semantic in nature. I want to discuss the prospects for causal contextualism, by asking why causal claims are context sensitive, what they are sensitive (...) to, and where they are sensitive to it. (shrink)

In this major new book, the internationally renowned thinker Jonathan Bennett offers a deeper understanding of what is going on in our own moral thoughts about human behavior. The Act Itself presents a conceptual analysis of descriptions of behavior on which we base our moral judgements, and shows that this analysis can be used as a means toward getting more control of our thoughts and thus of our lives.

Sentience is the capacity to have feelings, such as feelings of pain, pleasure, hunger, thirst, warmth, joy, comfort and excitement. It is not simply the capacity to feel pain, but feelings of pain, distress or harm, broadly understood, have a special significance for animal welfare law. Drawing on over 300 scientific studies, we evaluate the evidence of sentience in two groups of invertebrate animals: the cephalopod molluscs or, for short, cephalopods (including octopods, squid and cuttlefish) and the decapod crustaceans or, (...) for short, decapods (including crabs, lobsters and crayfish). We also evaluate the potential welfare implications of current commercial practices involving these animals. (shrink)

This paper reconstructs Margaret Cavendish’s theory of the metaphysics of artifacts. It situates her anti-mechanist account of artifactual production and the art-nature distinction against a background of Aristotelian, Scholastic, and mechanist theories. Within this broad context, it considers what Cavendish thinks artisans can actually do, grounding her terminological stipulation that there is no genuine generation in nature in a commitment to natural and artistic production as the mere rearrangement of bodies. Bodies themselves are identified, in a conceptually Ockhamist manner, with (...) their figures, so that the resulting theory of mere rearrangement is Scholastically respectable. The paper also offers literal interpretations, focused narrowly on the philosophical content of her theories of art and artifacts, of her claims that art concerns only “nature’s sporting or playing actions”, that its products are “deformed and defective”, and that they are “at best …mixt or hermaphroditical.". (shrink)

The Indian Buddhist philosopher Vasubandhu is known for his critical contribution to Buddhist Abhidharma thought, his turn to the Mahayana tradition, and his concise, influential Yogacara-Vijñanavada texts. _Paving the Great Way_ reveals another dimension of his legacy: his integration of several seemingly incompatible intellectual and scriptural traditions, with far-ranging consequences for the development of Buddhist epistemology and the theorization of tantra. Most scholars read Vasubandhu's texts in isolation and separate his intellectual development into distinct phases. Featuring close studies of Vasubandhu's (...) _Abhidharmakosabhasya_, _Vyakhyayukti_, _Vimsatika_, and _Trisvabhavanirdesa_, among other works, this book identifies recurrent treatments of causality and scriptural interpretation that unify distinct strands of thought under a single, coherent Buddhist philosophy. In Vasubandhu's hands, the Buddha's rejection of the self as a false construction provides a framework through which to clarify problematic philosophical issues, such as the nature of moral agency and subjectivity under a broadly causal worldview. Recognizing this continuity of purpose across Vasubandhu's diverse corpus recasts the interests of the philosopher and his truly innovative vision, which influenced Buddhist thought for a millennium and continues to resonate with today's philosophical issues. An appendix includes extensive English-language translations of the major texts discussed. (shrink)

From mitochondria to meerkats, the natural world is full of spectacular examples of social behaviour. In the early 1960s W. D. Hamilton changed the way we think about how such behaviour evolves. He introduced three key innovations - now known as Hamilton's rule, kin selection, and inclusive fitness - and his pioneering work kick-started a research program now known as social evolution theory. This is a book about the philosophical foundations and future prospects of that program. [Note: only the Introduction (...) is available to download.]. (shrink)

A number of philosophers have recently suggested that the role of intuitions in the epistemology of armchair philosophy has been exaggerated. This suggestion is rehearsed and endorsed. What bearing does the rejection of the centrality of intuition in armchair philosophy have on experimentalist critiques of the latter? I distinguish two very different kinds of experimentalist critique: one critique requires the centrality of intuition; the other does not.

In debates about animal sentience, the precautionary principle is often invoked. The idea is that when the evidence of sentience is inconclusive, we should “give the animal the benefit of the doubt” or “err on the side of caution” in formulating animal protection legislation. Yet there remains confusion as to whether it is appropriate to apply the precautionary principle in this context, and, if so, what “applying the precautionary principle” means in practice regarding the burden of proof for animal sentience. (...) Here I construct a version of the precautionary principle tailored to the question of animal sentience together with a practical framework for implementing it. I explain and defend the key features of this framework, argue that it is well-aligned with current practice in animal welfare science, and consider and reject a number of influential counterarguments to the use of precautionary reasoning in this area. (shrink)

Practical Reality is a lucid original study of the relation between the reasons why we do things and the reasons why we should. Jonathan Dancy maintains that current philosophical orthodoxy bowdlerizes this relation, making it impossible to understand how anyone can act for a good reason. By giving a fresh account of values and reasons, he finds a place for normativity in philosophy of mind and action, and strengthens the connection between these areas and ethics.