Recent experimental studies indicate that epistemically irrelevant factors can skew our intuitions, and that some degree of scepticism about appealing to intuition in philosophy is warranted. In response, some have claimed that philosophers are experts in such a way as to vindicate their reliance on intuitions—this has become known as the ‘expertise defence’. This paper explores the viability of the expertise defence, and suggests that it can be partially vindicated. Arguing that extant discussion is problematically imprecise, we will finesse the (...) notion of ‘philosophical expertise’ in order to better reflect the complex reality of the different practices involved in philosophical inquiry. On this basis, we offer a new version of the expertise defence that allows for distinct types of philosophical expertise. The upshot of our approach is that wholesale vindications or rejections of the expertise defence are shown to be unwarranted; we must instead turn to local, piecemeal investigations of philosophical expertise. Lastly, in the spirit of taking our own advice, we exemplify how recent developments from experimental philosophy lend themselves to this approach, and can empirically support one instance of a successful expertise defence. (shrink)

This edited collection recalls the events that led up to the Fitzgerald Inquiry and examines the extraordinary influence the ‘watershed' inquiry has had on police and public sector reform at the state, national and international levels.

Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that (...) apply to individual inquirers. My aim in this paper is to rehabilitate purely statistical evidence by arguing that, given the broader aims of legal systems, there are scenarios in which relying on such evidence is appropriate. Along the way I explain why popular arguments appealing to individual epistemic norms to reject legal reliance on bare statistics are unconvincing, by showing that courts and individuals face different epistemic predicaments (in short, individuals can hedge when confronted with statistical evidence, whilst legal tribunals cannot). I also correct some misconceptions about legal practice that have found their way into the recent literature. (shrink)

The value of any kind of data is greatly enhanced when it exists in a form that allows it to be integrated with other data. One approach to integration is through the annotation of multiple bodies of data using common controlled vocabularies or ‘ontologies’. Unfortunately, the very success of this approach has led to a proliferation of ontologies which itself creates obstacles to integration. The Open Biomedical Ontologies (OBO) consortium has set in train a strategy to overcome this problem. Existing (...) OBO ontologies, including the Gene Ontology, are undergoing a process of coordinated reform and new ontologies being created on the basis of an evolving set of shared principles governing ontology development. The result is an expanding family of ontologies designed to be interoperable, logically well-formed, and to incorporate accurate representations of biological reality. We describe the OBO Foundry initiative, and provide guidelines for those who might wish to become involved. (shrink)

Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.

ABSTRACT A thriving project in contemporary epistemology concerns identifying and explicating the epistemic virtues. Although there is little sustained argument for this claim, a number of prominent sources suggest that curiosity is an epistemic virtue. In this paper, I provide an account of the virtue of curiosity. After arguing that virtuous curiosity must be appropriately discerning, timely and exacting, I then situate my account in relation to two broader questions for virtue responsibilists: What sort of motivations are required for epistemic (...) virtue? And do epistemic virtues need to be reliable? I will sketch an account on which curiosity is only virtuous when rooted in a non-instrumental appreciation of epistemic goods, before arguing that curiosity can exhibit intellectual virtue irrespective of whether one is reliable in satisfying it. (shrink)

Recent work takes both philosophical and scientific progress to consist in acquiring factive epistemic states such as knowledge. However, much of this work leaves unclear what entity is the subject of these epistemic states. Furthermore, by focusing only on states like knowledge, we overlook progress in intermediate cases between ignorance and knowledge—for example, many now celebrated theories were initially so controversial that they were not known. -/- This paper develops an improved framework for thinking about intellectual progress. Firstly, I argue (...) that we should think of progress relative to the epistemic position of an intellectual community rather than individual inquirers. Secondly, I show how focusing on the extended process of inquiry (rather than the mere presence or absence of states like knowledge) provides a better evaluation of different types of progress. This includes progress through formulating worthwhile questions, acquiring new evidence, and increasing credence on the right answers to these questions. I close by considering the ramifications for philosophical progress, suggesting that my account supports rejecting the most negative views while allowing us to articulate different varieties of optimism and pessimism. (shrink)

I argue that traditional views on which beliefs are subject only to purely epistemic assessment can reject demographic profiling, even when based on seemingly robust evidence. This is because the moral failures involved in demographic profiling can be located in the decision not to suspend judgment, rather than supposing that beliefs themselves are a locus of moral evaluation. A key moral reason to suspend judgment when faced with adverse demographic evidence is to promote social equality—this explains why positive profiling is (...) dubious, along with more familiar cases of negative profiling, and why profiling is suspect even when no particular action is at stake. My suspension-based view, while compatible with revisionary normative positions, does not presuppose them. Philosophers of all stripes can reject demographic profiling both in thought and deed. (shrink)

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

Criminal juries make decisions of great importance. A key criticism of juries is that they are unreliable in a multitude of ways, from exhibiting racial or gendered biases, to misunderstanding their role, to engaging in impropriety such as internet research. Recently, some have even claimed that the use of juries creates injustice on a large-scale, as a cause of low conviction rates for sexual criminality. Unfortunately, empirical research into jury deliberation is undermined by the fact that researchers are unable to (...) study live juries. The indirect sources of evidence used by researchers suffer from various problems, the most important of which is dubious levels of ecological validity. Real jury research—studying live jury deliberation—is controversial. However, as I argue, the objections to it are unconvincing. There is in fact a moral imperative to facilitate real jury research. (shrink)

Despite playing an important role in epistemology, philosophy of science, and more recently in moral philosophy and aesthetics, the nature of understanding is still much contested. One attractive framework attempts to reduce understanding to other familiar epistemic states. This paper explores and develops a methodology for testing such reductionist theories before offering a counterexample to a recently defended variant on which understanding reduces to what an agent knows.

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are multiple sources of (...) incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

Legal epistemology has been an area of great philosophical growth since the turn of the century. But recently, a number of philosophers have argued the entire project is misguided, claiming that it relies on an illicit transposition of the norms of individual epistemology to the legal arena. This paper uses these objections as a foil to consider the foundations of legal epistemology, particularly as it applies to the criminal law. The aim is to clarify the fundamental commitments of legal epistemology (...) and suggest a way to vindicate it. (shrink)

Jury science is fraught with difficulty. Since legal and institutional hurdles render it all but impossible to study live criminal jury deliberation, researchers make use of various indirect methods to evaluate jury performance. But each of these methods are open to methodological criticism and, strikingly, some of the highest-profile jury research programmes in recent years have reached opposing conclusions. Uncertainty about jury performance is an obstacle for legal reform—ongoing debates about the ‘justice gap’ for complainants of sexual offences has rendered (...) these problems stark. This paper proposes a way to advance the debate. (shrink)

This paper defends the heretical view that, at least in some cases, we ought to assign legal liability based on purely statistical evidence. The argument draws on prominent civil law litigation concerning pharmaceutical negligence and asbestos-poisoning. The overall aim is to illustrate moral pitfalls that result from supposing that it is never appropriate to rely on bare statistics when settling a legal dispute.

The notion of understanding occupies an increasingly prominent place in contemporary epistemology, philosophy of science, and moral theory. A central and ongoing debate about the nature of understanding is how it relates to the truth. In a series of influential contributions, Catherine Elgin has used a variety of familiar motivations for antirealism in philosophy of science to defend a non- factive theory of understanding. Key to her position are: (i) the fact that false theories can contribute to the upwards trajectory (...) of scientific understanding, and (ii) the essential role of inaccurate idealisations in scientific research. Using Elgin’s arguments as a foil, I show that a strictly factive theory of understanding has resources with which to offer a unified response to both the problem of idealisations and the role of false theories in the upwards trajectory of scientific understanding. Hence, strictly factive theories of understanding are viable notwithstanding these forceful criticisms. (shrink)

Researchers face perennial difficulties in studying live jury deliberation. As a result, the academic community struggles to reach a consensus on key matters of legal reform concerning jury trials. The hurdles faced by empirical jury researchers are often legal or institutional. This note argues that the legal and institutional barriers preventing live deliberation research should be removed and discusses two forms that live deliberation research could take.

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

* Special Issue on the Philosophical Dimensions of the Trial* This summarises and discusses the contributions.

Introduction and Discussion of a Special Issue in philosophy of law "Philosophical Dimensions of the Trial" -/- .

Over 40 years of research have shown that traumatic brain injury affects brain volume. However, technical and practical limitations made it difficult to detect brain volume abnormalities in patients suffering from chronic effects of mild or moderate traumatic brain injury. This situation improved in 2006 with the FDA clearance of NeuroQuant®, a commercially available, computer-automated software program for measuring MRI brain volume in human subjects. More recent strides were made with the introduction of NeuroGage®, commercially available software that is based (...) on NeuroQuant® and extends its utility in several ways. Studies using these and similar methods have found that most patients with chronic mild or moderate traumatic brain injury have brain volume abnormalities, and several of these studies found—surprisingly—more abnormal enlargement than atrophy. More generally, 102 peer-reviewed studies have supported the reliability and validity of NeuroQuant® and NeuroGage®. Furthermore, this updated version of a previous review addresses whether NeuroQuant® and NeuroGage® meet the Daubert standard for admissibility in court. It concludes that NeuroQuant® and NeuroGage® meet the Daubert standard based on their reliability, validity, and objectivity. Due to the improvements in technology over the years, these brain volumetric techniques are practical and readily available for clinical or forensic use, and thus they are important tools for detecting signs of brain injury. (shrink)

What should we do about low conviction rates for sexual offences? Much of the discussion focuses on the problem of prosecution: i.e. too few accusations of sexual assault make their way to court. Here, I want to consider the problem from a different angle—namely, what should we do if prosecution rates rise, but conviction rates do not? After all, prosecutions are not an end in themselves. The problem is that too few people who are guilty of sexual assault are being (...) punished. So, what steps, if any, should be taken if conviction rates fail to rise along with prosecution rates? (shrink)

Review of 'What is Political Philosophy?' by Charles Larmore, Princeton University Press 2020.

Was love invented by European poets in the middle ages, as C. S. Lewis claimed, or is it part of human nature? Will winning the lottery really make you happy? Is it possible to build robots that have feelings? These are just some of the intriguing questions explored in this new guide to the latest thinking about the emotions. Drawing on a wide range of scientific research, from anthropology and psychology to neuroscience and artificial intelligence, Emotion: The Science of (...) Sentiment takes the reader on a fascinating journey into the human heart. Illustrating his points with entertaining examples from fiction, film, and popular culture, Dylan Evans ranges from the evolution of the emotions to the nature of love and happiness to the language of feelings, offering readers the most recent thinking on real life topics that touch us all. But Emotion is also a book filled with surprises. Readers will discover, for instance, that the basic emotions are felt the world over--whether we live in the shadow of Times Square or in the depths of the rain forest, we all feel the emotions of disgust, joy, surprise, anger, fear, and distress. We find out that, according to research, winning the lottery does not cause a lasting increase in happiness--a short-lived euphoria is followed in almost every case with a return to our usual emotional state, if not worse. And we meet Kismet, an MIT robot that can express a wide range of emotions, from fear to happiness. Fun to read and based on the latest scientific thinking, here is a stimulating look at our emotions. (shrink)

If one flips an unbiased coin a million times, there are 2 1,000,000 series of possible heads/tails sequences, any one of which might be the sequence that obtains, and each of which is equally likely to obtain. So it seems (1) 'If I had tossed a fair coin one million times, it might have landed heads every time' is true. But as several authors have pointed out, (2) 'If I had tossed a fair coin a million times, it wouldn't have (...) come up heads every time' will be counted as true in everyday contexts. And according to David Lewis' influential semantics for counterfactuals, (1) and (2) are contradictories. We have a puzzle. We must either (A) deny that (2) is true, (B) deny that (1) is true, or (C) deny that (1) and (2) are contradictories, thus rejecting Lewis' semantics. In this paper I discuss and criticize the proposals of David Lewis and more recently J. Robert G. Williams which solve the puzzle by taking option (B). I argue that we should opt for either (A) or (C). (shrink)

This book taps the best American thinkers to answer the essential American question: How do we sustain our experiment in government of, by, and for the people? Authored by an extraordinary and politically diverse roster of public officials, scholars, and educators, these chapters describe our nation's civic education problem, assess its causes, offer an agenda for reform, and explain the high stakes at risk if we fail.

Some argue that Lewisian realism fails as a reduction of modality because in order to meet some criterion of success the account needs to invoke primitive modality. I defend Lewisian realism against this charge; in the process, I hope to shed some light on the conditions of success for a reduction. In §1 I detail the resources the Lewisian modal realist needs. In §2 I argue against Lycan and Shalkowski’s charge that Lewis needs a modal notion of ‘world’ to (...) ensure that worlds correspond to possibilities. In §3 I respond to Divers and Melia’s objection that Lewis needs to invoke primitive modality to give a complete account of what worlds there are. In §4 I ask what it is for a notion to ‘involve’ modality. I conclude that the question is either in bad standing or at best offers little traction on the debate, and propose a different way of assessing when materials are appropriately included in a reductive base. (shrink)

There is widespread disagreement as to what the facts are concerning just when a collection of objects composes some further object; but there is widespread agreement that, whatever those facts are, they are necessary. I am unhappy to simply assume this, and in this paper I ask whether there is reason to think that the facts concerning composition hold necessarily. I consider various reasons to think so, but find fault with each of them. I examine the theory of composition as (...) identity, but argue that the version of this doctrine that entails universalism is implausible. I consider the claim that the a priority of such facts leads to their necessity, but give a defence of substantial contingent a priori truths. I ask whether the contingency of such facts would lead to unwelcome possibilities, but argue that the worrying looking possibilities can be blocked if it is desired. Next, I argue against the thought that the Lewis-Sider argument against restricted composition might give us reason to accept the necessity of universalism. Lastly, I respond to two objections from the 2006 BSPC. I conclude in favour of the contingency of the facts concerning when some things compose some thing. (shrink)

In this paper I examine the objection to truthmaker theory, forcibly made by David Lewis and endorsed by many, that it violates the Humean denial of necessary connections between distinct existences. In Sect. 1 I present the argument that acceptance of truthmakers commits us to necessary connections. In Sect. 2 I examine Lewis’ ‘Things-qua-truthmakers’ theory which attempts to give truthmakers without such a commitment, and find it wanting. In Sects. 3–5 I discuss various formulations of the denial of (...) necessary connections and argue that each of them is either false or compatible with truthmaker theory. In Sect. 6 I show how the truthmaker theorist can resist the charge that they are committed to necessary exclusions between possible existents. I conclude that there is no good objection to truthmaker theory on the grounds that it violates the Humean dictum. (shrink)

Some truths are necessary, others could have been false. Why? What is the source of the distinction between the necessary and the contingent? What's so special about the necessary truths that account for their necessity? In this article, we look at some of the most promising accounts of the grounds of necessity: David Lewis' reduction of necessity to truth at all possible worlds; Kit Fine's reduction of necessity to essence; and accounts of necessity that take the distinction between the (...) necessary and the contingent to be a matter of convention. (shrink)

In this paper I argue that warrant for Lewis’ Modal Realism is unobtainable. I consider two familiar objections to Lewisian realism – the modal irrelevance objection and the epistemological objection – and argue that Lewis’ response to each is unsatisfactory because they presuppose claims that only the Lewisian realist will accept. Since, I argue, warrant for Lewisian realism can only be obtained if we have a response to each objection that does not presuppose the truth of Lewisian realism, (...) this circularity is vicious. I end by contrasting Lewis’ methodology with Forrest’s in order to illustrate a rival method that does not fall victim to the objection I lay against Lewis. (shrink)

In this paper I argue that warrant for Lewis’ Modal Realism is unobtainable. I consider two familiar objections to Lewisian realism – the modal irrelevance objection and the epistemological objection – and argue that Lewis’ response to each is unsatisfactory because they presuppose claims that only the Lewisian realist will accept. Since, I argue, warrant for Lewisian realism can only be obtained if we have a response to each objection that does not presuppose the truth of Lewisian realism, (...) this circularity is vicious. I end by contrasting Lewis’ methodology with Forrest’s in order to illustrate a rival method that does not fall victim to the objection I lay against Lewis. (shrink)

In this paper I argue that warrant for Lewis ' principle of recombination presupposes warrant for a combinatorial analysis of intrinsicality, which in turn presupposes warrant for the principle of recombination. This, I claim, leads to a vicious circularity: warrant for neither doctrine can get off the ground.

Using a result of Gurevich and Lewis on the word problem for finite semigroups, we give short proofs that the following theories are hereditarily undecidable: (1) finite graphs of vertex-degree at most 3; (2) finite nonvoid sets with two distinguished permutations; (3) finite-dimensional vector spaces over a finite field with two distinguished endomorphisms.

In this book, Yagisawa defends a type of realism about merely possible worlds and individuals.1 The view defended is much closer to David Lewis’s genuine modal realism than it is to any kind of actualist or ersatzist modal realism, and I think the best way of understanding Yagisawa’s view will be to see where it differs from Lewis’s. To that end, let’s briefly remind ourselves of Lewis’s theory.

This thesis concerns the source of modal truth. I aim to answer the question: what is it in virtue of which there are truths concerning what must have been the case as a matter of necessity, or could have been the case but isn't. I begin by looking at a dilemma put forward by Simon Blackburn which attempts to show that any realist answer to this question must fail, and I conclude that either horn of his dilemma can be resisted. (...) I then move on to clarify the nature of the propositions whose truth I am aiming to find the source of. I distinguish necessity de re from necessity de dicto, and argue for a counterpart theoretic treatment of necessity de re. As a result, I argue that there is no special problem concerning the source of de re modal facts. The problem is simply to account for what it is in virtue of which there are qualitative ways the world could have been, and qualitative ways it couldn't have been. I look at two ways to answer this question: by appealing to truthmakers in the actual world, or by appealing to non-actual ontology. I develop a theory of truthmakers, but argue that it is unlikely that there are truthmakers for modal truths among the ontology of the actual. I look at the main possibilist ontology, David Lewis' modal realism, but argue that warrant for that ontology is unobtainable, and that we shouldn't admit non-actual possibilia into our ontology. I end by sketching a quasi-conventionalist approach to modality which denies that there are modal facts, but nevertheless allows that we can speak truly when we use modal language. (shrink)

Michael Murrin’s work on allegory provides an instructive contrast to Stephen Greenblatt’s Aristotelian conception of art as representation. This essay argues that Christian Platonism created the allegorical mode in which Spenser wrote, allowing a different perspective of the self than the one Greenblatt describes in Renaissance Self-Fashioning. The essay then suggests that those Christian thinkers (cited by Greenblatt in The Swerve) who rejected Lucretius and Epicureanism did so for philosophical reasons deeply grounded in Plato’s thought–reasons that in the twentieth century (...) found a home in the work of C. S. Lewis. (shrink)

Following a suggestion of Feys, we use “rigorous implication” as a translation of Ackermann's strenge Implikation ([1]). Interest in Ackermann's system stems in part from the fact that it formalizes the properties of a strong, natural sort of implication which provably avoids standard implicational paradoxes, and which is consequently a good candidate for a formalization of entailment (considered as a narrower relation than that of strict implication). Our present purpose will not be to defend this suggestion, but rather to present (...) some information about rigorous implication. In particular, we show first that the structure of modalities (in the sense of Parry [4]) in Ackermann's system is identical with the structure of modalities in Lewis's S4, and secondly that (Ackermann's apparent conjecture to the contrary notwithstanding) it is possible to define modalities with the help of rigorous implication. (shrink)

These 17 essays covers all aspects of Bernard Stiegler's work, from poststructuralism, anthropology and psychoanalysis to his work on the politics of memory, 'libidinal economy', technoscience and aesthetics, keeping a focus on his key theory of technics throughout. Stiegler brings together key concepts from Plato, Freud, Derrida and Simondon to argue that the human is 'invented' through technics rather than a product of purely biological evolution. Stiegler is a thinker at the forefront of our contemporary concerns with consumerism, technology, inter-generational (...) division, political apathy and economic crisis. His ambitious project is to go beyond these sources of social distress to uncover and examine precisely 'what makes life worth living'. Contributors include: Stephen Barker, University of California Irvine and translator of Steigler; Richard Beardsworth, American University of Paris and translator of Stiegler; Miguel de Beistegui; University of Warwick; Marc Crepon, Ecole normale superieure and co-founder of Stiegler's think tank, Ars Industrialis and Daniel Ross, co-director of 'The Ister', the award-winning film on Heidegger, and translator of Stiegler. (shrink)

The paper begins by providing a game-theoretic reconstruction of Gilbert’s (1989) philosophical critique of Lewis (1969) on the role of salience in selecting conventions. Gilbert’s insight is reformulated thus: Nash equilibrium is insufficiently powerful as a solution concept to rationalize conventions for unboundedly rational agents if conventions are solutions to the kinds of games Lewis supposes. Both refinements to NE and appeals to bounded rationality can plug this gap, but lack generality. As Binmore (this issue) argues, evolutive game (...) theory readily explains the origin of conventional behavior, but that is not Lewis’s project. Gilbert’s critique is generalized by reference to Bacharach’s (2006) work on team reasoning in games. The paper then argues that although Lewis’s account of the rationalization of conventions is shown by the reconstruction of Gilbert’s critique to be incomplete, Gilbert is wrong to conclude that classical (‘eductive’) game theory lacks the resources to explain conformity to conventions among people. A game-theoretic account of the dynamics of socialization, based on Ross’s (2005, 2006) idea of ‘game determination’, rationalizes choices of conventional strategies in overlapping generations contexts, provided agents are products of evolutionary selection and know that other players are also such products. (shrink)