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

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

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

John Martin Fischer's The Metaphysics of Free Will is devoted to two major projects. First, Fischer defends the thesis that determinism is incompatible with a person's control over alternatives to the actual future. Second, Fischer defends the striking thesis that such control is not necessary for moral responsibility. This review essay examines Fischer's arguments for each thesis. Fischer's defense of the incompatibilist thesis is the most innovative to date, and I argue that his formulation restructures the free will debate. To (...) defend his second thesis Fischer relies upon examples designed to show that an agent is responsible for an unavoidable action. I criticize Fischer's account of these examples, but I also maintain that my criticisms do not compromise his theory of responsibility. I raise several other difficulties for Fischer's theory of responsibility, and I close by offering some suggestions about how he might further defend it. (shrink)

Originally published: Oxford: Clarendon, 1997.

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

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

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

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

There is a loud and persistent drum beat of support for schools, for citizenship, for diversity and inclusion, and increasingly for labor market readiness with very little critical attention to the assumptions underlying these agendas, let alone to their many internal contradictions. Accordingly, in this book I examine the philosophical, motivational, and practical challenges of education theory, policy, and practice in the twenty-first century. As I proceed, I do not neglect the historical, comparative international context so essential to better understanding (...) where we are, as well as what is attainable in terms of educational justice. I argue that we must constructively critique some of our most cherished beliefs about education if we are to save the hope of real justice from the rhetoric of imagined justice. (shrink)

The article explores the agreements and disagreements between the author and the authors of Responsible Brains on how neuroscience relates to moral responsibility. The agreements are fundamental: neuroscience is not the harbinger of revolutionary revision of our views of when persons are morally responsible for the harms that they cause. The disagreements are in the details of what is needed for neuroscience to be the helper of the moral sciences.

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

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

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

This essay concerns Scott Shapiro's criticism that H.L.A. Hart's theory of law suffers from a Although other philosophers of law have summarily dismissed Shapiro's criticism, I argue that it identifies an important requirement for an adequate theory of law. Such a theory must explain why legal officials justify their actions by reference to abstract propositional entities, instead of pointing to the existence of social practices. A virtue of Shapiro's planning theory of law is that it can explain this phenomenon. Despite (...) these sympathies, however, I end with the suggestion that Shapiro's criticism of Hart, as it stands, is incomplete. Careful attention to Hart's notion of the internal point of view indicates that he was aware that legal justification ends with abstract objects, not practices, and that he offered his own explanation of this phenomenon. (shrink)

The rapid advancement of technology has led to an explosion of speculative theories about what the future of humankind may look like. These "technological futurisms" have arisen from significant advances in the fields of nanotechnology, biotechnology and information technology and are drawing growing scrutiny from the philosophical and theological communities. This text seeks to contextualize the growing literature on the cultural, philosophical and religious implications of technological growth by considering technological futurisms such as transhumanism in the context of the long (...) historical tradition of technological dreaming. Michael Burdett traces the latent religious sources of our contemporary technological imagination by looking at visionary approaches to technology and the future in seminal technological utopias and science fiction and draws on past theological responses to the technological future with Pierre Teilhard de Chardin and Jacques Ellul. Burdett's argument arrives at a contemporary Christian response to transhumanism based around the themes of possibility and promise by turning to the works of Richard Kearney, Eberhard Jüngel and Jürgen Moltmann. Throughout, the author highlights points of correspondence and divergence between technological futurisms and the Judeo-Christian understanding of the future. (shrink)

This article aims to highlight why R. S. Peters' conceptual analysis of ‘education’ was such an important contribution to the normative field of philosophy of education. In the article, I do the following: 1) explicate Peters' conception of philosophy of education as a field of philosophy and explain his approach to the philosophical analysis of concepts; 2) emphasize several (normative) features of Peters' conception of education, while pointing to a couple of oversights; and 3) suggest how Peters' analysis might be (...) used to reinvigorate a conversation on one central educational aim—that of how we might educate citizens for the 21st century. (shrink)

This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the "same" (...) for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book contributes to the development of a coherent theory of action in philosophy. It provides a grounding in three of the most basic elements of criminal liability for legislators, judges, and the lawyers who argue to them. (shrink)

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

Recently we proposed a theory of consciousness, the attention schema theory, based on findings in cognitive psychology and systems neuroscience. In that theory, consciousness is an internal model o...

This article aims to highlight why R. S. Peters' conceptual analysis of ‘education’ was such an important contribution to the normative field of philosophy of education. In the article, I do the following: 1) explicate Peters' conception of philosophy of education as a field of philosophy and explain his approach to the philosophical analysis of concepts; 2) emphasize several (normative) features of Peters' conception of education, while pointing to a couple of oversights; and 3) suggest how Peters' analysis might be (...) used to reinvigorate a conversation on one central educational aim—that of how we might educate citizens for the 21st century. (shrink)

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

The \CDM cosmological model is remarkable: with just six parameters it describes the evolution of the Universe from a very early time when all structures were quantum fluctuations on subatomic scales to the present, and it is consistent with a wealth of high-precision data, both laboratory measurements and astronomical observations. However, the foundation of \CDM involves physics beyond the standard model of particle physics: particle dark matter, dark energy and cosmic inflation. Until this ‘new physics’ is clarified, \CDM is at (...) best incomplete and at worst a phenomenological construct that accommodates the data. I discuss the path forward, which involves both discovery and disruption, some grand challenges and finally the limits of scientific cosmology. (shrink)

In the 1950s, E.T. Gendlin developed a philosophical system, published as Experiencing and the Creation of Meaning, to explain the role of bodily feelings in cognition, and he then evolved a psychotherapy known as Focusing, based on this system. Focusing works primarily with bodily feelings and how they relate to the thinking processes. Gendlin’s work has had an important impact on the field of Psychology. An aspect of the historicity of E.T. Gendlin’s work is that it has intriguing similarities with (...) how the Vipassana meditation teacher S.N. Goenka, teaches, in line with the Pali Nikayas, that a correct understanding of affective bodily feelings can lead to the dissolution of destructive emotional tendencies. This article uses these similarities to begin a process, from a Western academic perspective, of conceptualizing the efficacy of Vipassana meditation, as taught by S.N. Goenka, in dissolving harmful emotional habits. This will be done by comparing how S.N. Goenka and E.T. Gendlin understand the operative factors in personality change. (shrink)

This volume brings together papers by some of the leading figures working on virtue-theoretic accounts in both ethics and epistemology. A collection of cutting edge articles by leading figures in the field of virtue theory including Guy Axtell, Julia Driver, Antony Duff and Miranda Fricker. The first book to combine papers on both virtue ethics and virtue epistemology. Deals with key topics in recent epistemological and ethical debate.

Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did (...) not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy. (shrink)

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

"Knowing and History" charts the development of Hegelian philosophy of history in France from the 1930s through the postwar period, and critically assesses its significance for an understanding of our cultural present and of the possibilities for making meaning out of change over time. Michael Roth provides detailed analyses of the works of three of the most important Hegelian thinkers: Jean Hyppolite, Alexandre Kojève, and Eric Weil. These philosophers turned to history as the source of truths and criteria of (...) judgment: they forged connections between history and knowing as a means of confronting key modem philosophical problems, and of engaging their contemporary political concerns. According to Roth, the French Hegelians' work illuminates the power and limitations of the philosophical approach to history. Further, he finds in the development of their philosophies one of the crucial transformations in modem intellectual history: the shift from a concern with questions of significance to a concern with questions of use or function. Relevant to a wide variety of disciplines, "Knowing and History" will appeal to those specializing in intellectual history and political theory, as well as philosophers of history, critical theorists, and students of modem French thought and culture. (shrink)

Professor Michael S. Moore, Charles R. Walgreen, Jr. Chair and Co-Director, Program in Law and Philosophy at the University of Illinois College of Law, delivered Duke Law's Annual Brainerd Currie Memorial Lecture entitled "The Elusive Quest for a Constitutional Right to Liberty." One of the country's most prominent authorities on the intersection of law and philosophy, he has published eight books and some 60 major articles, which have appeared in the country's top law reviews and peer reviewed journals in (...) philosophy and psychiatry. He is the author of Placing Blame, a General Theory of the Criminal Law, widely regarded as the leading modern statement of the retributivist theory of punishment and of that theory's systematic application to criminal law doctrine. In Act and Crime: The Philosophy of Action and its Implications for Criminal Law, Moore provided a unified theory of action that underlies English and American criminal jurisprudence. Professor Moore has presented more than 150 lectures and papers in law, jurisprudence, political theory, legal philosophy, political science and economics, philosophy, psychology, and psychiatry. Sponsored by the Office of the Dean. (shrink)

The article examines what has come to be known as "the risk analysis" in Anglo-American tort law and contract law. The risk analysis essentially consists of: viewing negligence as a relational concept, so that a defendant is never simply negligent tout cour, but is negligent only with respect to certain persons and certain harms — other harms suffered by other persons are said not to be "within the risk" that makes the defendant negligent; and the supplanting of proximate cause doctrine (...) with doctrines of duty, the duty question being determined by the question of whether a certain person and a certain harm are within the risk that makes a defendant negligent. The article aims to explode entirely the risk analysis. After beginning with an examination of the historical roots of the risk analysis, we then seek to show that the risk analysis is: conceptually incoherent because it seeks to isolate a risk that makes someone negligent; normatively undesirable because it allows quite blameworthy actors not to pay for the harms they culpably cause; and descriptively inaccurate of the cases decided on the more traditional, proximate cause bases. (shrink)

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

Mechanical Choices details the intimate connection that exists between morality and law: the morality we use to blame others for their misdeeds and the criminal law that punishes them for these misdeeds. This book shows how both law and morality presuppose the accuracy of common sense, a centuries-old psychology that defines people as rational agents who make honorable choices and act for just reasons. It then shows how neuroscience is commonly taken to challenge these fundamental psychological assumptions.