Dr Noel Semple, Professor Russell Pearce and Professor Renee Knake combine to compare legal profession regulation in the US with that of the countries closest to it institutionally and culturally: Canada, Australia, New Zealand, the United Kingdom and Ireland. This enables them to develop an illuminating taxonomy of legal professional regulation, and to describe the assumptions and objectives underlying the different approaches to regulation. The US and Canada provide a 'professionalist-independent framework' that centres on 'a unified, hegemonic occupation (...) of lawyer' which promotes self-regulation, and the exclusion of non-lawyers from partnership and investment in law practices. By contrast, in other countries that they examine, 'consumerist-competitive approaches' predominate, opening up the profession to co-regulation with executive government and allowing for different forms of legal occupations and non-lawyer influence and investment in law practices. Of course, as they show, in some countries there are combinations and hybrids of these two approaches. Unlike Rhode, who endorses England and Wales' consumerist-competitive approach to regulation in the Legal Services Act 2007, Semple, Pearce and Knake consciously avoid stating a preference for one approach over the other. (shrink)

This is Not a Seminar is a multidisciplinary forum established in 2012 at Edith Cowan University in Australia to support practice-led and practice-based Higher Degree by Research students. The Faculty of Education and Arts at ECU includes cohorts of postgraduate research students in, for example, performance, design, writing and visual arts. We established the TINAS programme to assist postgraduate research students in connecting their creative practices to methodological, theoretical and conceptual approaches whilst fostering an atmosphere of rapport across creative disciplines. (...) The pilot programme conducted for six months in 2012 comprised dialogues with experienced creative researchers; critical reading sessions on practice-led theory; and workshops in journaling, ethics and copyright. This article is a reflection on the strengths and limitations of TINAS and future projections. More than an additional teaching and learning service, the programme has become a vital forum for creative dialogue. (shrink)

René Descartes (1596-1650) is widely regarded as the father of modern philosophy. His noteworthy contributions extend to mathematics and physics. This entry focuses on his philosophical contributions in the theory of knowledge. Specifically, the focus is on the epistemological project of Descartes' famous work, Meditations on First Philosophy.

De apostel Paulus spreekt in één van zijn brieven over ‘de verduistering van het verstand’ — een verduistering die het gevolg is van zonde.1 In het werk van een groot aantal filosofen uit de westerse filosofische traditie heeft dit woord van Paulus op een of andere wijze weerklank gevonden. Bij Augustinus, Anselmus, Thomas van Aquino, Jonathan Edwards, Kierkegaard, John Henry Newman en Franz von Baader bijvoorbeeld, en in ons land bij Abraham Kuyper en Herman Dooyeweerd, vindt men reflecties over (...) de noëtische gevolgen van de zonde.2 Deze denkers hebben de noëtische doorwerking van de zonde onder meer aangewezen in de volgende verschijnselen: dat mensen allerlei onware gedachten hebben dat onze kenvermogens lang niet altijd naar behoren functioneren, zoals onder andere blijkt uit geheugenzwakte, misperceptie en foutief redeneren dat mensen het vaak onderling oneens zijn. (shrink)

I argue that inferences from highly probabilifying racial generalizations are not solely objectionable because acting on such inferences would be problematic, or they violate a moral norm, but because they violate a distinctively epistemic norm. They involve accepting a proposition when, given the costs of a mistake, one is not adequately justified in doing so. First I sketch an account of the nature of adequate justification—practical adequacy with respect to eliminating the ~p possibilities from one’s epistemic statespace. Second, I argue (...) that inferences based on demographic generalizations tend to disproportionately expose group members to the risks associated with mistakenly assuming stereotypical propositions, and so magnify the wrong involved in relying on such inferences without adequate justification. (shrink)

I argue that the offense generation pattern of slurring terms parallels that of impoliteness behaviors, and is best explained by appeal to similar purely pragmatic mechanisms. In choosing to use a slurring term rather than its neutral counterpart, the speaker signals that she endorses the term. Such an endorsement warrants offense, and consequently slurs generate offense whenever a speaker's use demonstrates a contrastive preference for the slurring term. Since this explanation comes at low theoretical cost and imposes few constraints on (...) an account of the semantics of slurs, this suggests that we should not require semantic accounts to provide an independent explanation of the offense profile. (shrink)

Several authors have recently suggested that moral factors and norms `encroach' on the epistemic, and because of salient parallels to pragmatic encroachment views in epistemology, these suggestions have been dubbed `moral encroachment views'. This paper distinguishes between variants of the moral encroachment thesis, pointing out how they address different problems, are motivated by different considerations, and are not all subject to the same objections. It also explores how the family of moral encroachment views compare to classical pragmatic encroachment accounts.

In 2020, the Maldives instituted a transitional justice process to address decades of systematic human rights abuses including the widespread use of arbitrary arrest and detention, torture, and the forced depopulation of entire island communities. While the country’s decision to confront its violent past is not unusual, the institution it has established to undertake that task is. Rather than institute a truth and reconciliation commission (TRC), refer cases to its Human Rights Commission, or undertake criminal trials in its domestic judicial (...) system, the Maldives has taken the unprecedented step of establishing a temporary Ombudsperson’s Office for Transitional Justice (OTJ). Comparing the OTJ to national human rights institutions and TRCs, this article examines how and why the Maldives’ transitional justice process has taken this unusual form. It suggests that the OTJ represents a new attempt to address the full range of human rights abuses, including violations of social and economic rights, perpetrated by repressive regimes. (shrink)

In addition to protecting agents’ autonomy, consent plays a crucial social role: it enables agents to secure partners in valuable interactions that would be prohibitively morally risk otherwise. To do this, consent must be observable: agents must be able to track the facts about whether they have received a consent-based permission. I argue that this morally justifies a consent-practice on which communicating that one consents is sufficient for consent, but also generates robust constraints on what sorts of behaviors can be (...) taken as consent- communicating. (shrink)

The problem of moral disagreement has been presented as an objection to contextualist semantics for ‘ought’, since it is not clear that contextualism can accommodate or give a convincing gloss of such disagreement. I argue that independently of our semantics, disagreements over ‘ought’ in non-cooperative contexts are best understood as indirect metalinguistic disputes, which is easily accommodated by contextualism. If this is correct, then rather than posing a problem for contextualism, the data from moral disagreements provides some reason to adopt (...) a semantics that allows contextual variance in the meanings of ‘ought’. (shrink)

Some, but not all, of the mistakes a person makes when acting in apparently necessary self-defense are reasonable: we take them not to violate the rights of the apparent aggressor. I argue that this is explained by duties grounded in agents' entitlements to a fair distribution of the risk of suffering unjust harm. I suggest that the content of these duties is filled in by a social signaling norm, and offer some moral constraints on the form such a norm can (...) take. (shrink)

Sometimes speakers within a linguistic community use a term that they do not conceptualize as a slur, but which other members of that community do. Sometimes these speakers are ignorant or naïve, but not always. This article explores a puzzle raised when some speakers stubbornly maintain that a contested term t is not derogatory. Because the semantic content of a term depends on the language, to say that their use of t is semantically derogatory despite their claims and intentions, we (...) must individuate languages in a way that counts them as speaking our language L, assigns t a determinately derogatory content in L, and still accommodates the other features of slurs’ linguistic profile. Given the difficulty of doing this, there is some reason to give a non-semantic analysis of the derogatory aspect of slurs. The author suggests that rather than dismissing the stubborn as semantically incompetent, we would do better to appeal to expected uptake as moral reasons for the stubborn to adjust their linguistic practices. (shrink)

In some cases, there appears to be an asymmetry in the evidential value of statistical and more individualized evidence. For example, while I may accept that Alex is guilty based on eyewitness testimony that is 80% likely to be accurate, it does not seem permissible to do so based on the fact that 80% of a group that Alex is a member of are guilty. In this paper I suggest that rather than reflecting a deep defect in statistical evidence, this (...) asymmetry might arise from a general constraint on rational inquiry. Plausibly the degree of evidential support needed to justify taking a proposition to be true depends on the stakes of error. While relying on statistical evidence plausibly raises the stakes by introducing new kinds of risk to members of the reference class, paradigmatically `individualized' evidence---evidence tracing back to A's voluntary behavior---can lower the stakes. The net result explains the apparent evidential asymmetry without positing a deep difference in the brute justificatory power of different types of evidence. (shrink)

This study examined academic and psychological correlates of exam performance in an introductory logic course. The participants were 39 students who completed Logic and Critical Thinking at a southeastern liberal arts university. Students were assigned 20 online homework sets, met for two 75-minute class sessions each week for a 15-week term, and took three exams. A general self-efficacy scale and a frustration scale were administered during the last class meeting. A significant positive correlation was found between exam scores and each (...) of the following variables: homework scores, attendance, and self-efficacy scores. A significant negative correlation was found between students’ frustration scores and their exam scores. Hierarchical regression analysis indicated that homework, attendance, and frustration scores made significant contributions to the prediction of exam scores. The implications of these findings for improving course design and enhancing student learning were discussed. (139 words). (shrink)

Given the inexperience, misconceptions and misgivings students often bring to a first course in philosophy, we present an activity that acquaints students with the main areas of philosophical inquiry and the tools philosophers use. Students engage in philosophical thinking by reflecting on and answering questions, defending and discussing their answers, and modifying or rejecting views in light of this discussion. The activity introduces students to conceptual analysis, argument, thought-experiment, and the use of counterexampleswhile simultaneously emphasizing and illuminating students’ natural tendency (...) to think philosophically. (shrink)

An overview of how the Summer Ethics Academy, at the Jackson Family Center for Ethics and Values at Coastal Carolina University—part of its outreachProgram—encourages children to develop desirable characteristics for middle school children to emulate. The article includes applicable project goals and activities.

​I evaluate a suggestion, floated by Kimberly Ferzan (this volume), that the twitter hashtag campaign #BelieveWomen is best accommodated by non-reductionist views of testimonial justification. I argue that the issue is ultimately one about the ethical obligation to trust women, rather than a question of what grounds testimonial justification. I also suggest that the hashtag campaign does not simply assert that ‘we should trust women’, but also militates against a pernicious striking-property generic (roughly: ‘women make false sexual assault accusations’), that (...) distorts our evaluation of women’s testimony concerning sexual assault. I conclude #BelieveWomen does not demand that we believe against the evidence, or uncritically, or be more trusting than we have evidential justification to be. Rather, it aims to bring our trust closer to what is merited by the base-rate of reliable testimony from women concerning sexual assault. (shrink)

A regulative norm for permissible defense distinguishes the conditions under which we will hold defenders to be innocent of any wrongdoing from those in which we hold them responsible for assault or manslaughter. The norm must strike a fair balance between defenders' security, on the one hand, and other agents’ legitimate claim to live without fear of suffering mistaken defensive harm, on the other. Since agents must make defensive decisions under high pressure and on only partial information, they will sometimes (...) make mistakes. We have reason to want a norm that considers a mistake permissible when it was highly likely on the evidence that defense was proportionate and necessary to avert a threat. However, adopting an evidentialist norm under non-ideal conditions is treacherous business. I briefly survey empirical data suggesting that the type and extent of bias prevalent in the US renders a straightforward evidentialist norm unjust, and thus since the legal practice in the US relies on such a norm, we must explore avenues for reform. Preferably this will take the form of adopting a modified evidential norm, and I explore some promising options. If this proves impossible, however, then we have to accept a strict regulative norm (which does not consider any mistakes permissible), as the sole just alternative. (shrink)

A popular informal argument suggests that statistics about the preponderance of criminal involvement among particular demographic groups partially justify others in making defensive mistakes against members of the group. One could worry that evidence-relative accounts of moral rights vindicate this argument. After constructing the strongest form of this objection, I offer several replies: most demographic statistics face an unmet challenge from reference class problems, even those that meet it fail to ground non-negligible conditional probabilities, even if they did, they introduce (...) new costs likely to cancel out any justificatory contribution of the statistic, but even if they didn’t, demographic facts are the wrong sort to make a moral difference to agents’ negative rights. I conclude that the popular argument should be rejected, and evidence-relative theories do not have the worrisome implication. (shrink)

Despite the amount of public investment in nanotechnology ventures in the developed world, research shows that there is little public awareness about nanotechnology, and public knowledge is very limited. This is concerning given that nanotechnology has been heralded as ‘revolutionising’ the way we live. In this paper, we articulate why public engagement in debates about nanotechnology is important, drawing on literature on public engagement and science policy debate and deliberation about public policy development. We also explore the significance of timing (...) in engaging the public, and we make some suggestions concerning how to effectively engage publics. Our conclusions indicate the significance of scientific researchers, policy makers and representative consumer groupings in public reasoning towards a better public policy framework for debate about technological development. (shrink)

Rights to do wrong are not necessary even within the framework of interest-based rights aimed at preserving autonomy. Agents can make morally significant choices and develop their moral character without a right to do wrong, so long as we allow that there can be moral variation within the set of actions that an agent is permitted to perform. Agents can also engage in non-trivial self-constitution in choosing between morally indifferent options, so long as there is adequate non-moral variation among the (...) alternatives. The stubborn intuition that individuals have a right to do wrong in some cases can be explained as stemming from a cautionary principle motivated by the asymmetry between the risk of wrongly interfering and that of refraining from interfering. (shrink)

This article analyzes U.S. court cases involving reproductive technologies in terms of their implications for reproductive choice, mothers' versus fathers' rights, definitions and evaluations of parenting, and the nuclear family structure. The analysis reveals that the courts have tended not to recognize how social conditions shape women's reproductive choices, to promote fathers' rights more than mothers' rights, to ignore the social relationships that constitute childbearing and child rearing and value men's over women's biological contribution to these processes, to reflect certain (...) assumptions about the proper roles of mothers and fathers, and to privilege the nuclear family. The implications of developing reproductive technology policy for an understanding of the relationships among gender, reproductive technologies, and the state are considered, and recommendations for the equitable regulation of these technologies are offered. (shrink)

In his 2006 Lenssen Prize–winning paper, “Reading Philosophy with Background Knowledge and Metacognition,”1 David Concepción describes a method of reading instruction that is clearly student-centered in that quality of student learning, and not just discipline-specific knowledge, is a central course objective.2 Moreover, the explicit reading instruction he recommends stands to enrich our students’ understanding of the philosophical content of our courses thus making deep reading, or what has been called “reading to learn,”3 an integral part of the content of a (...) philosophy course. In these comments, I introduce a scaffolded approach to implementing Concepción’s explicit reading instruction, specifically, one in which instructors first model the stages of reading philosophy, then support students as they employ these techniques, and finally assess and provide feedback on students’ attempts. (shrink)

This essay considers the social effects of the strategy of "speaking out" about sexual violence to transform rape culture. I articulate the paradox that women's identification as victims in the public sphere reinscribes the gendered norms that enable the victimization of women. I suggest we create a more diversified public narrative of sexual violence and sexuality within the context of the movement against sexual violence in order to deconstruct masculinist power in feminine victimization.

Présentation du numéro spécial de la revue Philosophiques à la mémoire de Joseph Nicolas Kaufmann (1941-2002).

Akrasia is both an intentional and an irrational phenomenon. These two characteristics can be reconciled by a careful reconstruction of practical reasoning. I undertake this task along Davidsonian lines, arguing against his critics that the notion of unconditional judgment is the key to an adequate account of akrasia. Unless akrasia is conceived as a failure of the agent to form an unconditional judgment that conforms to her best judgment "all things considered," the intentionality of akrasia is lost. Likewise, I show (...) how practical and theoretical reasoning concur in the production of action, and why akrasia is a problem for the philosophy of action before being a problem for moral philosophy. (shrink)