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 various areas of Anglo-American law, legal liability turns on causation. In torts and contracts, we are each liable only for those harms we have caused by the actions that breach our legal duties. Such doctrines explicitly make causation an element of liability. In criminal law, sometimes the causal element for liability is equally explicit, as when a statute makes punishable any act that has “ caused … abuse to the child….” More often, the causal element in criminal liability is (...) more implicit, as when criminal statutes prohibit killings, maimings, rapings, burnings, etc. Such causally complex action verbs are correctly applied only to defendants who have caused death, caused disfigurement, caused penetration, caused fire damage, etc. (shrink)
Freud justified his extensive theorizing about dreams by the observation that they were “the royal road” to something much more general: namely, our unconscious mental life. The current preoccupation with the theory of excuse in criminal law scholarship can be given a similar justification, for the excuses are the royal road to theories of responsibility generally. The thought is that if we understand why we excuse in certain situations but not others, we will have also gained a much more general (...) insight into the nature of responsibility itself. Nowhere has this thought been more evident than in the century-old focus of criminal law theoreticians on the excuse of insanity, a focus that could not be justified by the importance of the excuse itself. In this paper I wish to isolate two theories of excuse, each of which instantiates its own distinctive theory of responsibility. One is what I shall call the choice theory of excuse, according to which one is excused for the doing of a wrongful action because and only because at the moment of such action's performance, one did not have sufficient capacity or opportunity to make the choice to do otherwise. Such a choice theory of excuse instantiates a more general theory of responsibility, according to which we are responsible for wrongs we freely choose to do, and not responsible for wrongs we lacked the freedom to avoid doing. The second I shall call the character theory of excuse, according to which one is excused for the doing of a wrongful action because and only because such action is not determined by those enduring attributes of ourselves we call our characters. (shrink)
In the Trolley Case, as devised by Philippa Foot and modified by Judith Jarvis Thomson, a runaway trolley is headed down a main track and will hit and kill five unless you divert it onto a side track, where it will hit and kill one.
This paper deals with Ludwik Fleck’s theory of thought styles and Michael Polanyi’s theory of tacit knowledge. Though both concepts have been very influential for science studies in general, and both have been subject to numerous interpretations, their accounts have, somewhat surprisingly, hardly been comparatively analyzed. Both Fleck and Polanyi relied on the physiology and psychology of the senses in order to show that scientific knowledge follows less the path of logical principles than the path of accepting or rejecting (...) specific conventions, where these may be psychologically or sociologically grounded. It is my aim to show that similarities and differences between Fleck and Polanyi are to be seen in the specific historical and political context in which they worked. Both authors, I shall argue, emphasized the relevance of perception in close connection to their respective understanding of science, freedom, and democracy. (shrink)
Bart Pattyn: Needless to say, we are more than pleased with the willingness of Michael Walzer to be here in Leuven. After the stimulating lecture yesterday we now have the opportunity to pose some questions to Michael Walzer in the same room where we talked with his friend, Harry Frankfurt, as well as with Bernard Williams. I have asked Professor Selling to moderate this discussion which I am sure he will do with a firm hand.Joseph Selling: We have (...) two papers which Prof. Walzer, and many of you, have read in advance. Perhaps we can take the questions from the authors of those papers and then take other questions. (shrink)
Michael Walzer is currently at the School of Social Science, Institute for Advanced Study, in Princeton, New Jersey. Professor Walzer has written Just and Unjust Wars; The Revolution of the Saints and has edited Toward A Global Civil Society. In this interview, he discusses some of the current concerns about education, political theory and the current state of the art of toleration, and acceptance and accommodation of different racial, ethnic, social and minority groups. He has published extensively and his (...) work has been translated in several other languages. In this interview, he responds to questions about his work, his writings and his current concerns. (shrink)
The arguments for redistribution of wealth, and for prohibiting certain transactions such as price-gouging, both are based in mistaken conceptions of exchange. This paper proposes a neologism, “euvoluntary” exchange, meaning both that the exchange is truly voluntary and that it benefits both parties to the transaction. The argument has two parts: First, all euvoluntary exchanges should be permitted, and there is no justification for redistribution of wealth if disparities result only from euvoluntary exchanges. Second, even exchanges that are not euvoluntary (...) should generally be permitted, because access to market exchange may be the only means by which people in desperate circumstances can improve their position. (shrink)
Consequentialists are sometimes accused of being unable to accommodate all the ways in which an agent should care about her own integrity. Here it is helpful to follow Stephen Darwall in distinguishing two approaches to moral theory. First, we might begin with the value of states of affairs and then work our way ‘inward’ to our integrity, explaining the value of the latter in terms of their contribution to the value of the former. This is the ‘outside-in’ approach, and Darwall (...) argues that it is well-suited to defending consequentialism. Alternatively, we might begin with the perspective of a virtuous agent's concern for her integrity, and then work our way ‘outward’, building a conception of the value of states of affairs from this perspective. On this ‘inside-out’ account there is a kind of agent-centred concern each agent should have for her own integrity simply because it is her own. The inside-out approach therefore suggests a possible rationale for a non-consequentialist moral theory, in so far as such a fundamental egocentric concern for one's own integrity seems alien to consequentialism's commitment to the agent-neutrality of value. If this is correct then the consequentialist should explain why we should prefer the outside-in approach to its rival. I argue that the consequentialist can meet this challenge. (shrink)
Consider the following situation. It is the first day of school, and the new third-grade students file into the classroom to be shown to their seats for the coming year. As they enter, the third-grade teacher notices one small boy who is particularly unkempt. He looks to be in desperate need of bathing, and his clothes are dirty, torn and tight-fitting. During recess, the teacher pulls aside the boy's previous teacher and asks about his wretched condition. The other teacher informs (...) her that he always looks that way, even though the boy's family is quite wealthy. The reason he appears as he does, she continues, is that the family observes an odd practice according to which the children do not receive many important things – food, clothing, bathing, even shelter – unless they specifically request them. Since the boy, like many third-graders, has little interest in bathing and clean clothes, he just never asks for them. (shrink)
The idea that immoral behaviour can sometimes be admirable, and that moral behaviour can sometimes be less than admirable, has led several of its supporters to infer that moral considerations are not always overriding, contrary to what has been traditionally maintained. In this paper I shall challenge this inference. My purpose in doing so is to expose and acknowledge something that has been inadequately appreciated, namely, the moral aspect of nonmoral goods and evils. I hope thereby to show that, even (...) if immorality can be admirable, this poses no threat to morality. (shrink)
Recent years have seen growing evidence of a fruitful engagement between phenomenology and cognitive science. This paper confronts an in-principle problem that stands in the way of this intellectual coalition, namely the fact that a tension exists between the transcendentalism that characterizes phenomenology and the naturalism that accompanies cognitive science. After articulating the general shape of this tension, I respond as follows. First, I argue that, if we view things through a kind of neo-McDowellian lens, we can open up a (...) conceptual space in which phenomenology and cognitive science may exert productive constraints on each other. Second, I describe some examples of phenomenological cognitive science that illustrate such constraints in action. Third, I use the mutually constraining relationship at work here as the platform from which to bring to light a domesticated version of the transcendental and a minimal form of naturalism that are compatible with each other. (shrink)
We argue that thoughts are structures of concepts, and that concepts should be individuated by their origins, rather than in terms of their semantic or epistemic properties. Many features of cognition turn on the vehicles of content, thoughts, rather than on the nature of the contents they express. Originalism makes concepts available to explain, with no threat of circularity, puzzling cases concerning thought. In this paper, we mention Hesperus/Phosphorus puzzles, the Evans-Perry example of the ship seen through different windows, and (...) Mates cases, and we believe that there are many additional applications. (shrink)
Sport builds character. If this is true, why is there a consistent stream of news detailing the bad behavior of athletes? We are bombarded with accounts of elite athletes using banned performance-enhancing substances, putting individual glory ahead of the excellence of the team, engaging in disrespectful and even violent behavior towards opponents, and seeking victory above all else. We are also given a steady diet of more salacious stories that include various embarrassing, immoral, and illegal behaviors in the private lives (...) of elite athletes. Elite sport is not alone in this; youth sport has its own set of moral problems. Parents assault officials, undermine coaches, encourage a win-at-all costs mentality, and in many cases ruin sport for their children. (shrink)
‘Godless’ was never a neutral term: in 1528 William Tindale talked of ‘godlesse ypocrites and infidels’ and a ‘godless generation’ is one that has turned its back on God and the paths of righteousness. An atheist, by contrast, a new and self-conscious atheist perhaps, might now wear the term as a badge of pride, to indicate their rejection both of belief and the implication of moral turpitude. Traditionally, though, those who declared themselves ‘atheist’ had a hardly better press than the (...) ‘godlesse’, since ‘atheism’ was and in some cases still is considered a form of intellectual and moral shallowness: thus Sir Francis Bacon offers a bluff refinement of the Psalmist's verdict on the fool who says in his heart that there is no God: The Scripture saith, The fool hath said in his heart, there is no God ; it is not said, The fool hath thought in his heart ; so he rather saith it, by rote to himself, as that he would have, than that he can thoroughly believe it, or be persuaded of it. (shrink)
Philosophers often distinguish in some way between two senses of life's meaning. Paul Edwards terms these a ‘cosmic’ and ‘terrestrial’ sense. The cosmic sense is that of an overall purpose of which our lives are a part and in terms of which our lives must be understood and our purposes and interests arranged. This overall purpose is often identified with God's divine scheme, but the two need not necessarily be equated. The terrestrial sense of meaning is the meaning people find (...) in their own lives apart from the place of their lives in any ultimate end or context. (shrink)
One of the things that makes Hegel hard to understand is the difficulty of identifying the problems and questions to which he was responding, at least in a form in which we can appreciate them. There are several reasons for this. Firstly, he was involved in the intellectual life of his time, and many of the themes which engaged him have now lost their urgency. Secondly, because he wanted to connect every topic into a single, coherent system, and because the (...) transition from one topic to the next usually depends on some problem which cannot be solved unless the transition is made, some of the problems he unearths seem fairly insubstantial. Finally, his desire to philosophize without making any presuppositions means that he is reluctant to state the problems which he is trying to solve in advance. Any problem involves presuppositions, both of facts and about the meaning and coherence of the words or concepts used in stating it. Problems arise within Hegel's system, therefore, and they do so in a guise appropriate to their context. To some extent, the appreciation of the problems presupposes an understanding of the system. (shrink)
Ambitious and elegant, this book builds a bridge between evolutionary theory and cultural psychology. Michael Tomasello is one of the very few people to have done systematic research on the cognitive capacities of both nonhuman primates and human children. The Cultural Origins of Human Cognition identifies what the differences are, and suggests where they might have come from. -/- Tomasello argues that the roots of the human capacity for symbol-based culture, and the kind of psychological development that takes place (...) within it, are based in a cluster of uniquely human cognitive capacities that emerge early in human ontogeny. These include capacities for sharing attention with other persons; for understanding that others have intentions of their own; and for imitating, not just what someone else does, but what someone else has intended to do. In his discussions of language, symbolic representation, and cognitive development, Tomasello describes with authority and ingenuity the "ratchet effect" of these capacities working over evolutionary and historical time to create the kind of cultural artifacts and settings within which each new generation of children develops. He also proposes a novel hypothesis, based on processes of social cognition and cultural evolution, about what makes the cognitive representations of humans different from those of other primates. -/- Lucid, erudite, and passionate, The Cultural Origins of Human Cognition will be essential reading for developmental psychology, animal behavior, and cultural psychology. (from the HUP website). (shrink)
I present an original model in judgment aggregation theory that demonstrates the general impossibility of consistently describing decision-making purely at the group level. Only a type of unanimity rule can guarantee a group decision is consistent with supporting reasons, and even this possibility is limited to a small class of reasoning methods. The key innovation is that this result holds when individuals can reason in different ways, an allowance not previously considered in the literature. This generalizes judgment aggregation to subjective (...) decision situations, implying that the discursive dilemma persists without individual agreement on the logical constraints. Notably, the model mirrors the typical method of choosing political representatives, and thus suggests that no voting procedure other than unanimity rule can guarantee representation that reflects electorate opinion. Finally, I apply the results to a normative argument for unanimity rule in contract theory and juries, as well as to problems posed for deliberative democratic theory and the concept of representation. (shrink)
James Lenman is critical of my claim that moral requirements are requirements of reason. I argue that his criticisms miss their target. More importantly, I argue that the anti-rationalism that informs Lenman's criticisms is itself implausible.
In this original and provocative account of the evolutionary origins of human communication, Michael Tomasello connects the fundamentally cooperative structure of human communication (initially discovered by Paul Grice) to the especially ...
Michael Ryan (d. 1840) remains one of the most mysterious figures in the history of medical ethics, despite the fact that he was the only British physician during the middle years of the 19th century to write about ethics in a systematic way. Michael Ryan’s Writings on Medical Ethics offers both an annotated reprint of his key ethical writings, and an extensive introductory essay that fills in many previously unknown details of Ryan’s life, analyzes the significance of his (...) ethical works, and places him within the historical trajectory of the field of medical ethics. (shrink)
Miranda Fricker appeals to the idea of moral-epistemic disappointment in order to show how our practices of moral appraisal can be sensitive to cultural and historical contingency. In particular, she thinks that moral-epistemic disappointment allows us to avoid the extremes of crude moralism and a relativism of distance. In my response I want to investigate what disappointment is, and whether it can constitute a form of focused moral appraisal in the way that Fricker imagines. I will argue that Fricker is (...) unable to appeal to disappointment as standardly understood, but that there is a more plausible way of understanding the notion that she can employ. There are, nevertheless, significant worries about the capacity of disappointment in this sense to function as a form of moral appraisal. I will argue, finally, that even if Fricker can address these worries, her position might end up closer to moralism than she would like. (shrink)