This is a draft of my chapter on Negligence for the forthcoming Oxford Handbook in Moral Psychology. It discusses philosophical, psychological, and legal approaches to the attribution of culpability in cases of negligent wrongdoing.
:In this essay, I present an account of forgiveness as a process of emotional distancing. The central claim is that, understood in these terms, forgiveness does not require a change in judgment. Rationally forgiving someone, in other words, does not require that one judges the significance of the wrongdoing differently or that one comes to the conclusion that the attitudes behind it have changed in a favorable way. The model shows in what sense forgiving is inherently social, shows why we (...) should be pluralists about it, and provides a basis for arguing against the existence of necessary conditions of forgiving. (shrink)
Philosophical accounts of moral responsibility are standardly framed by two platitudes. According to them, blame requires the presence of a moral defect in the agent and the absence of excuses. In this chapter, this kind of approach is challenged. It is argued that (a) people sometimes violate moral norms due to performance mistakes, (b) it often appears reasonable to hold them responsible for it, and (c) their mistakes cannot be traced to their moral qualities or to the presence of excuses. (...) In the end, the implications for discussions of moral responsibility are discussed. (shrink)
The aim of this essay is to develop a coherence theory for the justification of evidentiary judgments in law. The main claim of the coherence theory proposed in this article is that a belief about the events being litigated is justified if and only if it is a belief that an epistemically responsible fact finder might hold by virtue of its coherence in like circumstances. The article argues that this coherentist approach to evidence and legal proof has the resources to (...) meet some of the main objections that may be addressed against attempts to analyze the justification of evidentiary judgments in law in coherentist terms. It concludes by exploring some implications of the proposed version of legal coherentism for a jurisprudence of evidence. (shrink)
This paper argues for a coherentist theory of the justification of evidentiary judgments in law, according to which a hypothesis about the events being litigated is justified if and only if it is such that an epistemically responsible fact-finder might have accepted it as justified by virtue of its coherence in like circumstances. It claims that this version of coherentism has the resources to address a main problem facing coherence theories of evidence and legal proof, namely, the problem of the (...) coherence bias. The paper then develops an aretaic approach to the standards of epistemic responsibility which govern legal fact-finding. It concludes by exploring some implications of the proposed account of the justification of evidentiary judgments in law for the epistemology of legal proof. (shrink)
Most human actions are complex, but some of them are basic. Which are these? In this paper, I address this question by invoking slips, a common kind of mistake. The proposal is this: an action is basic if and only if it is not possible to slip in performing it. The argument discusses some well-established results from the psychology of language production in the context of a philosophical theory of action. In the end, the proposed criterion is applied to discuss (...) some well-known theories of basic actions. (shrink)
This short piece is the introduction to the Special Issue on ‘Virtue and the Law’ published by Jurisprudence in March 2019 (vol 9, issue 1). It explains the scope of the project and its place in the unfolding of virtue jurisprudence that has occurred in the past few decades, as well as introducing the topics addressed in the volume. In the first couple of pages the authors/editors outline a very brief genealogy of virtue jurisprudence and of its relation to both (...) legal theory and virtue theory. The rest of the text presents the contributions to the volume in turn, identifying some of the substantive issues addressed by each of them and their place in the investigation of the interface between virtue theory and legal theory. (shrink)
In this article, I examine recent debates concerning the existence and the nature of basic actions. The discussion is structured around four theses, with which Arthur Danto introduced basic actions to contemporary theorists. The theses concern (i) the relationship between agency and causality, (ii) the distinction between basic and complex actions, (iii) the regress argument for basic actions, and (iv) the structure of practical knowledge in the light of these actions.
This paper defends a version of the Simple View, the claim that someone intentionally φs only if the person intends to φ. To do this, I raise a problem for Bratman’s classic argument (1984, 1987) against it. The problem brings into focus an evaluative dimension behind the View, whose recognition allows for an improved version of it. With this improved version, I then go on to answer other criticisms that have been raised to it.
Philosophers of perception are familiar with the argument from illusion, at least since Hume formulated it to challenge a naïve form of realism. In this paper, I present an analogous argument but in the domain of action. It focuses on slips, a common kind of mistake. But, otherwise, it is structurally similar. The argument challenges some contemporary views about the nature of action inspired by Wittgenstein. The discussion shows how thinking about these common mistakes helps illuminate aspects of human agency (...) that tend to be overlooked whenever too much emphasis is placed on the rationality of human actions. (shrink)
This paper articulates an egalitarian conception of judicial humility and justifies its value on the grounds that it importantly advances the legal and political ideal of fraternity. This account of the content and value of the virtue of humility stands in sharp contrast with the dominant view of judicial humility as deference or judicial restraint. The paper concludes by discussing some ways in which the account of humility and of its value provided in the paper furthers our understanding of the (...) judicial virtues and of the political implications of giving virtue a role in adjudication. (shrink)
This paper argues that formal models of coherence are useful for constructing a legal epistemology. Two main formal approaches to coherence are examined: coherence-based models of belief revision and the theory of coherence as constraint satisfaction. It is shown that these approaches shed light on central aspects of a coherentist legal epistemology, such as the concept of coherence, the dynamics of coherentist justification in law, and the mechanisms whereby coherence may be built in the course of legal decision-making.
This paper examines the concept of coherence and its role in legal reasoning. First, it identifies some problem areas confronting coherence theories of legal reasoning about both disputed questions of fact and disputed questions of law. Second, with a view to solving these problems, it proposes a coherence model of legal reasoning. The main tenet of this coherence model is that a belief about the law and the facts under dispute is justified if it is “optimally coherent,” that is, if (...) it is such that an epistemically responsible legal decision-maker would have accepted it as justified by virtue of its coherence in like circumstances. Last, looking beyond the coherence theory, the paper explores the implications of the version of legal coherentism proposed for a general theory of legal reasoning and rationality. (shrink)
This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates (...) of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is a collection of essays examining the role of virtue in general jurisprudence as well as in specific areas of the law. Part I puts together a number of papers discussing various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue and character development, with some of the essays selected analysing this relationship by combining both eastern perspectives on virtue and character with western approaches. Parts III and IV examine problems of substantive areas of law, more specifically, criminal law and evidence law, from within a virtue-based framework. Last, Part V discusses the relevance of empathy to our understanding of justice and legal morality. (shrink)
Según Manuel Atienza, la teoría de la argumentación jurídica se tiene que ocupar de responder tres preguntas: cómo analizar una argumentación, cómo evaluarla y cómo argumentar. Esta concepción de la teoría de la argumentación jurídica es, sin embargo, demasiado restrictiva. Además de proporcionar una respuesta adecuada a estas preguntas, una teoría de la argumentación jurídica debe ocuparse también de la cuestión de qué virtudes debe tener un juez para hacer buenas argumentaciones. La teoría de la argumentación jurídica está, por ello, (...) íntimamente vinculada con una teoría de la ética judicial. According to Manuel Atienza, a theory of legal reasoning should give an answer to the following three questions: how to analyze an argumentation, how to evaluate it, and how to argue. This conception of the theory of legal reasoning is, however, too restrictive. in addition to providing a sound answer to these questions, a theory of legal reasoning should also give us an answer to the question of which judicial virtues are necessary to make good arguments. A theory of legal reasoning is thus intimately linked to a theory of judicial ethics. (shrink)
Alasdair MacIntyre: narrative introduction to his work In the wake of the publication of the last book of the British philosopher Alasdair MacIntyre, Ethics in the Conflicts of Modernity: An Essay on Desire, Practical Reasoning, and Narrative, this work proposes a way to understand his bibliographical production in the context of the narrative of his life and his intellectual career. It is elaborated a periodization of the itinerary of MacIntyre, based on the references that the author himself has made of (...) his academic life and in the proposals of several scholars of his thought. It is concluded that the narrative examination of MacIntyre’s work reveals that his philosophical project is basically marked by Aristotle and Aquinas, whose thought helped our author a solid proposal on the main issues of moral philosophy and philosophy of religion. This work is conceived as introductory because it focuses only on MacIntyre’s books, but it’s expected to serve as a solid basis for a thorough critical study —especially from a chronological perspective— of his entire work, which includes chapters of books, papers, interviews, among others. (shrink)
La filosofía de la historia de Kant se fundamenta en el concepto de una intención de la naturaleza [ Naturabsicht ]. En este ensayo, presento los diferentes conceptos que Kant tiene de naturaleza para explicar el modo específico en que el individuo participa del desarrollo histórico del género humano. En este sentido intento probar, acudiendo a los opúsculos jurídico políticos de Kant, que el cumplimiento plenode la intención de la naturaleza es posible gracias a los conceptos de antagonismo e Ilustración (...) [ Aufklärung ], y también a la distinción que propongo entre el caráctery la extensiónde esta última. (shrink)
El propósito de este estudio es analizar las estrategias discursivas utilizadas por la escritora argentina Luisa Valenzuela para denunciar el abuso y las violaciones a los derechos humanos perpetrados por las tiranías del cono sur americano entre 1970 y 1980. Mediante el análisis de Cambio de armas y Cola de Lagartija dentro del marco teórico de la dialogización del discurso, propuesto por Mikhail Bakhtin, se discute el uso de la polifonía y el silencio como estrategias para denunciar la dictadura (...) como fenómeno social y político en Argentina entre 1966 y 1982. The purpose of this study is to analyze the strategies used by, the Argentinian writer, Luisa Valenzuela to denounce the abuse and human rights violations by dictatorships in the Southern Cone. Through the analysis of Cambio de armas and Cola de lagartija, from a Bakhtinean dialogical discourse perspective, we discuss the use of polyphony and silence as discursive strategies used by Valenzuela to condemn Argentinian dictatorship and to portray the social and political impact of Argentinian dictatorship between 1966 and 1982. (shrink)