The use of artificial intelligence (AI) to aid legal decision making has become prominent. This paper investigates the use of AI in a critical issue in employment law, the determination of a worker’s status—employee vs. independent contractor—in two common law countries (the U.S. and Canada). This legal question has been a contentious labor issue insofar as independent contractors are not eligible for the same benefits as employees. It has become an important societal issue due to the ubiquity of the gig (...) economy and the recent disruptions in employment arrangements. To address this problem, we collected, annotated, and structured the data for all Canadian and Californian court cases related to this legal question between 2002 and 2021, resulting in 538 Canadian cases and 217 U.S. cases. In contrast to legal literature focusing on complex and correlated characteristics of the employment relationship, our statistical analyses of the data show very strong correlations between the worker’s status and a small subset of quantifiable characteristics of the employment relationship. In fact, despite the variety of situations in the case law, we show that simple, off-the-shelf AI models classify the cases with an out-of-sample accuracy of more than 90%. Interestingly, the analysis of misclassified cases reveals consistent misclassification patterns by most algorithms. Legal analyses of these cases led us to identify how equity is ensured by judges in ambiguous situations. Finally, our findings have practical implications for access to legal advice and justice. We deployed our AI model via the open-access platform, https://MyOpenCourt.org/, to help users answer employment legal questions. This platform has already assisted many Canadian users, and we hope it will help democratize access to legal advice to large crowds. (shrink)

In this paper, I will argue that there is a version of possibilism—inspired by the modal analogue of Kit Fine’s fragmentalism—that can be combined with a weakening of actualism. The reasons for analysing this view, which I call Modal Fragmentalism, are twofold. Firstly, it can enrich our understanding of the actualism/possibilism divide, by showing that, at least in principle, the adoption of possibilia does not correspond to an outright rejection of the actualist intuitions. Secondly, and more specifically, it can enrich (...) our understanding of concretism, by proving that, at least in principle, the idea that objects have properties in an absolute manner is compatible with transworld identity. (shrink)

When blame is understood to be emotion-based or affective, its emotional tone is standardly identified as one of anger. We argue that this conception of affective blame is overly restrictive. By attending to cases of blame that emerge against a background of a particular kind of hope invested in others, we identify a blaming response characterized not by anger but by sadness: reactive disappointment. We develop an account of reactive disappointment as affective blame, maintaining that while angry blame and disappointed (...) blame are both condemnatory responses, they have distinct evaluative foci and occupy different but complementary roles in our accountability practices. (shrink)

Gils-Schmidt and Salloch recognise that human and climate health are inextricably linked, and that mitigating healthcare-associated climate harms is essential for protecting human health.1 They argue that physicians have a duty to consider how their own practices contribute to climate change, including during their interactions with patients. Acknowledging the potential for conflicts between this duty and the provision of individual patient care, they propose the application of Korsgaard’s neo-Kantian account of practical identities to help navigate such scenarios. In this commentary, (...) we argue that by focusing attention on this physician–patient level, the authors overlook the complexity of climate change, both within the healthcare sector and beyond. We recognise the importance of individual agency in tackling this issue, and we also recognise that the authors do briefly acknowledge the importance of considering these broader complexities; however, we emphasise the need for climate and health discussions/action to be situated in a wider framework of systemic change. Our concern is that overemphasis on patient-level interactions risks normalising the prioritisation of individual-level approaches to addressing climate change, detracting from such a broader approach. Physician training emphasises the need for trust, confidentiality and shared decision-making in the doctor–patient relationship. …. (shrink)

This work offers a systematic interpretation of the problematics of disinterest in the Critique of Aesthetic Judgment. It examines Kant's thesis that the judgement of taste is free of considerations of morality or utility. Dahan Fan carefully traces Kant's differentiation between the agreeable, the good, and the beautiful, thus casting the relationship between the interests of reason and aesthetic disinterest in a new light.

There is a common refrain in the literature on punishment that presumes the mutual exclusivity of defending retribution and adopting a humanistic or welfare-oriented outlook. The refrain, that if we want to be humane, or care about human welfare, we must abandon retributive punishment, anger, and resentment is readily repeated, endorsed, and relied upon. This article suggests that this opposition is false: retribution and welfare-orientation can not only be endorsed concomitantly, but are complimentary projects, and may even be grounded in (...) the same normative basis, such that if we endorse one we are already committed to ideas that ground reason to care about the other.My primary target will be claims that aim to undermine retributivism by demonstrating the desirability of welfare-orientation. If both can live together, demonstrating the attractiveness of one goes nowhere toward displacing the other. Further, establishing this claim invites further inquiry into classic questions about the “barbaric,” or “morally repugnant” credentials of retributivism. Confronting these claims will elucidate the consistency of adopting both retributive and welfare-oriented views, which, I suggest, can be jointly adopted and pursued. (shrink)

This article analyzes the question of how the size of bribes should impact criminal sanctions. In contrast to the commonly held view that punishment should increase with the size of the bribe, we argue to the contrary: that the punishment of the bribee should decrease with the size of the bribe. Our conclusion is based both on a philosophical argument and an economic argument. We argue that all else being equal, as an agent’s reservation price for selling public interests decreases, (...) the culpability of the agent willing to receive a bribe increases. In addition, from an economic perspective, the expected social harm of an official acting with a low reservation price for bribes is much greater than one acting with a high reservation price: both the susceptibility of being bribed as well as the potential for social harm is much greater when the reservation price is low. (shrink)

This paper examines the interplay of semantics and pragmatics within the domain of film. Films are made up of individual shots strung together in sequences over time. Though each shot is disconnected from the next, combinations of shots still convey coherent stories that take place in continuous space and time. How is this possible? The semantic view of film holds that film coherence is achieved in part through a kind of film language, a set of conventions which govern the relationships (...) between shots. In this paper, we develop and defend a new version of the semantic view. We articulate it for a pair of conventions that govern spatial relations between viewpoints. One such rule is already well-known; sometimes called the "180° Rule," we term it the X-Constraint; to this we add a previously unrecorded rule, the T-Constraint. As we show, both have the effect, in different ways, of limiting the way that viewpoint can shift through space from shot to shot over the course of a film sequence. Such constraints, we contend, are analogous to relations of discourse coherence that are widely recognized in the linguistic domain. If film is to have a language, it is a language made up of rules like these. (shrink)

What if "liberal democracy" were a contradiction in terms? This book distinguishes liberalism from democracy to defend a Rancirean vision of impure politics. Disclosing Rancire's refusal of ontology as political, The Lessons of Rancire enacts a critical theory beyond unmasking and a democratic politics beyond liberalism.

This work presents the basic arguments and fundamental themes of the political and moral thought of the seventeenth-century philosopher, Samuel Pufendorf--one of the most widely read natural lawyers of the pre-Kantian era. Selections from the texts of Pufendorf's two major works, Elements of Universal Jurisprudence and The Law of Nature and of Nations, have been brought together to make Pufendorf's moral and political thought more accessible. The selections included have received a new English translation, the first for both works (...) in roughly sixty years. The editor, a political scientist, and the translator, a philosopher, have developed a volume that is comprehensive and representative of Pufendorf's thought without being repetitive, fragmented, or obscure. (shrink)

Despite the growing global consensus regarding the need to ensure minimal labour standards such as adequate safety and health conditions, freedom of association, and the prohibition of child labour, millions of workers across the world continue to work in horrific conditions. Who should be held responsible, both morally and legally, for protecting workers' rights? What moral and legal obligations should individuals and institutions bear toward foreign workers in their countries? Is there any democratic way to generate, regulate, and enforce labour (...) standards in a global labour market? This book address these questions by taking a fresh look at the normative assumptions underlying existing and proposed international labour regulations. By focusing on international labour as a particular sphere of justice, it seeks to advance both the contemporary philosophical debate on global justice and the legal scholarship on international labour. (shrink)

According to the Reasoning View about normative reasons, facts about normative reasons for action can be understood in terms of facts about the norms of practical reasoning. I argue that this view is subject to an overlooked class of counterexamples, familiar from debates about Subjectivist theories of normative reasons. Strikingly, the standard strategy Subjectivists have used to respond to this problem cannot be adapted to the Reasoning View. I think there is a solution to this problem, however. I argue that (...) the norms of practical reasoning, like the norms of theoretical reasoning, are characteristically defeasible, in a sense I make precise. Recognizing this property of those norms makes space for a solution to the problem. The resulting view is in a way analogous to the familiar defeasibility theory of knowledge, but it avoids a standard objection to that theory. (shrink)

I describe and motivate Rational Internalism, a principle concerning the relationship between motivating reasons (which explain actions) and normative reasons (which justify actions). I use this principle to construct a novel argument against Objectivist theories of normative reasons, which hold that facts about normative reasons can be analyzed in terms of an independently specified class of normative or evaluative facts. I then argue for an alternative theory of normative reasons, the Reasoning View, which is consistent with both Rational Internalism and (...) one standard motivation for Objectivism. (shrink)

An important work in the debate between materialists and dualists, the public correspondence between Anthony Collins and Samuel Clarke provided the framework for arguments over consciousness and personal identity in eighteenth-century Britain. In Clarke's view, mind and consciousness are so unified that they cannot be compounded into wholes or divided into parts, so mind and consciousness must be distinct from matter. Collins, by contrast, was a perceptive advocate of a materialist account of mind, who defended the possibility that thinking (...) and consciousness are emergent properties of the brain. Appendices include philosophical writings that influenced, and responded to, the correspondence. (shrink)

Recent years have witnessed growing controversy over the “wisdom of the multitude.” As epistemic critics drawing on vast empirical evidence have cast doubt on the political competence of ordinary citizens, epistemic democrats have offered a defense of democracy grounded largely in analogies and formal results. So far, I argue, the critics have been more convincing. Nevertheless, democracy can be defended on instrumental grounds, and this article demonstrates an alternative approach. Instead of implausibly upholding the epistemic reliability of average voters, I (...) observe that competitive elections, universal suffrage, and discretionary state power disable certain potent mechanisms of elite entrenchment. By reserving particular forms of power for the multitude of ordinary citizens, they make democratic states more resistant to dangerous forms of capture than non-democratic alternatives. My approach thus offers a robust defense of electoral democracy, yet cautions against expecting too much from it—motivating a thicker conception of democracy, writ large. (shrink)

Taking a thematic approach to Butler as a political thinker, this text develops Butler's theory of the political through an exploration of her politics of troubling.

Frege's picture of attitude states and attitude reports requires a notion of content that is shareable between agents, yet more fine-grained than reference. Kripke challenged this picture by giving a case on which the expressions that resist substitution in an attitude report share a candidate notion of fine-grained content. A consensus view developed which accepted Kripke's general moral and replaced the Fregean picture with an account of attitude reporting on which states are distinguished in conversation by their (private) representational properties. (...) I begin in support of the consensus by showing how a sort of de facto coordination on mental symbols is possible, even for unsophisticated agents. But I go on to argue that whenever conditions are ripe for de facto coordination on symbols, there is an inter-subjective relation that supports a fine-grained notion of content resistant to Kripke's challenge. The consensus view corresponds to a Kripke-resistant strain of the Fregean picture. (shrink)

The processes underwriting the acquisition of culture remain unclear. How are shared habits, norms, and expectations learned and maintained with precision and reliability across large-scale sociocultural ensembles? Is there a unifying account of the mechanisms involved in the acquisition of culture? Notions such as “shared expectations,” the “selective patterning of attention and behaviour,” “cultural evolution,” “cultural inheritance,” and “implicit learning” are the main candidates to underpin a unifying account of cognition and the acquisition of culture; however, their interactions require greater (...) specification and clarification. In this article, we integrate these candidates using the variational (free-energy) approach to human cognition and culture in theoretical neuroscience. We describe the construction by humans of social niches that afford epistemic resources called cultural affordances. We argue that human agents learn the shared habits, norms, and expectations of their culture through immersive participation in patterned cultural practices that selectively pattern attention and behaviour. We call this process “thinking through other minds” (TTOM) – in effect, the process of inferring other agents’ expectations about the world and how to behave in social context. We argue that for humans, information from and about other people's expectations constitutes the primary domain of statistical regularities that humans leverage to predict and organize behaviour. The integrative model we offer has implications that can advance theories of cognition, enculturation, adaptation, and psychopathology. Crucially, this formal (variational) treatment seeks to resolve key debates in current cognitive science, such as the distinction between internalist and externalist accounts of theory of mind abilities and the more fundamental distinction between dynamical and representational accounts of enactivism. (shrink)

This volume contains articles covering a broad spectrum of proof theory, with an emphasis on its mathematical aspects. The articles should not only be interesting to specialists of proof theory, but should also be accessible to a diverse audience, including logicians, mathematicians, computer scientists and philosophers. Many of the central topics of proof theory have been included in a self-contained expository of articles, covered in great detail and depth. The chapters are arranged so that the two introductory articles come first; (...) these are then followed by articles from core classical areas of proof theory; the handbook concludes with articles that deal with topics closely related to computer science. (shrink)