A cross-cultural survey experiment revealed a dominant tendency to rely on a rule’s letter over its spirit when deciding which behaviors violate the rule. This tendency varied markedly across (k = 15) countries, owing to variation in the impact of moral appraisals on judgments of rule violation. Compared with laypeople, legal experts were more inclined to disregard their moral evaluations of the acts altogether and consequently exhibited stronger textualist tendencies. Finally, we evaluated a plausible mechanism for the emergence of textualism: (...) in a two-player coordination game, incentives to coordinate in the absence of communication reinforced participants’ adherence to rules’ literal meaning. Together, these studies (total n = 5,794) help clarify the origins and allure of textualism, especially in the law. Within heterogeneous communities in which members diverge in their moral appraisals involving a rule’s purpose, the rule’s literal meaning provides a clear focal point—an identifiable point of agreement enabling coordinated interpretation among citizens, lawmakers, and judges. (shrink)

Philosophers have long debated whether, if determinism is true, we should hold people morally responsible for their actions since in a deterministic universe, people are arguably not the ultimate source of their actions nor could they have done otherwise if initial conditions and the laws of nature are held fixed. To reveal how non-philosophers ordinarily reason about the conditions for free will, we conducted a cross-cultural and cross-linguistic survey (N = 5,268) spanning twenty countries and sixteen languages. Overall, participants tended (...) to ascribe moral responsibility whether the perpetrator lacked sourcehood or alternate possibilities. However, for American, European, and Middle Eastern participants, being the ultimate source of one’s actions promoted perceptions of free will and control as well as ascriptions of blame and punishment. By contrast, being the source of one’s actions was not particularly salient to Asian participants. Finally, across cultures, participants exhibiting greater cognitive reflection were more likely to view free will as incompatible with causal determinism. We discuss these findings in light of documented cultural differences in the tendency toward dispositional versus situational attributions. (shrink)

Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross‐cultural principles of law? In a between‐subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible laws), and also (...) whether there are any such laws. Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws. These results document cross‐culturally and –linguistically robust beliefs about the concept of law which defy people's grasp of how legal systems function in practice. (shrink)

Prescriptive rules guide human behavior across various domains of community life, including law, morality, and etiquette. What, specifically, are rules in the eyes of their subjects, i.e., those who are expected to abide by them? Over the last sixty years, theorists in the philosophy of law have offered a useful framework with which to consider this question. Some, following H. L. A. Hart, argue that a rule’s text at least sometimes suffices to determine whether the rule itself covers a case. (...) Others, in the spirit of Lon Fuller, believe that there is no way to understand a rule without invoking its purpose — the benevolent ends which it is meant to advance. In this paper we ask whether people associate rules with their textual formulation or their underlying purpose. We find that both text and purpose guide people’s reasoning about the scope of a rule. Overall, a rule’s text more strongly contributed to rule infraction decisions than did its purpose. The balance of these considerations, however, varied across experimental conditions: In conditions favoring a spontaneous judgment, rule interpretation was affected by moral purposes, whereas analytic conditions resulted in a greater adherence to textual interpretations. In sum, our findings suggest that the philosophical debate between textualism and purposivism partly reflects two broader approaches to normative reasoning that vary within and across individuals. Keywords: , the concept of law, rules, legal psychology, Hart, Fuller. (shrink)

Higher courts sometimes assess the constitutionality of law by working through a concrete case, other times by reasoning about the underlying question in a more abstract way. Prior research has found that the degree of concreteness or abstraction with which an issue is formulated can influence people's prescriptive views: For instance, people often endorse punishment for concrete misdeeds that they would oppose if the circumstances were described abstractly. We sought to understand whether the so-called ‘abstract/concrete paradox’ also jeopardizes the consistency (...) of judicial reasoning. In a series of experiments, both lay and professional judges sometimes reached opposite conclusions when reasoning about concrete cases versus the underlying issues formulated in abstract terms. This effect emerged whether participants reasoned with broad principles, such as human dignity, or narrow rules, and was largest among individuals high in trait empathy. Finally, to understand whether people reflectively endorse the discrepancy between abstract and concrete resolutions, we examined their reactions when evaluating both, either simultaneously or sequentially. These approaches revealed no single pattern across lay and expert populations, or exploratory and confirmatory studies. Taken together, our studies suggest that empathic concern plays a greater role in guiding the judicial resolution of concrete cases than in illuminating judges' professed standards—which may result in concrete decisions in violation of their own abstract principles. (shrink)

O uso de regras prescritivas no campo da fi losofi a prática é abundante, especialmente no campo do direito. O presente artigo pretende fazer uma análise do papel das regras no direito e levantar um aparente paradoxo envolvido na aplicação de regras. Algumas posições possíveis em relação ao paradoxo serão elucidadas. In practical reasoning in general and specially in the legal fi eld, we see an abundance of prescriptive rules. The paper attempts to analyze the role of rules in law, (...) as well as to explore what seems to be a paradox concerning rule application. Some different postures regarding the paradox will be elucidated. (shrink)

Defenders and opponents of judicial review under charters of rights often share political ideals, and yet disagree deeply on the best means to pro- mote them or on the proper way to balance them in the event of conflict. In his most recent book, Wil Waluchow attempts to provide a theory of judicial review which deals adequately with the popular ideals of stability and adaptability. The cornerstone of his argument is the notion of community morality - that which enables constitutional (...) adjudicators to develop charter law (adaptability) while remaining loyal to democratic and rule of law principles (stability). The aim of this paper is to offer a critique of the notion of community morality; in particular, the aim is to challenge the assumption that the morality of the members of modern plural societies is as uniform as Waluchow’s theory requires it to be.Resumen:Los defensores y oponentes de la figura del judicial review que se lleva a cabo a través de la defensa de las garantías individuales en ocasiones comparten puntos de vista en relación con los ideales políticos, sin embargo, existen profundos desacuerdos en cuanto a la mejor forma de promocionarlos o en cuanto a la manera apropiada de decidir casos concretos en casos de conflicto. En su más reciente libro, Wil Waluchow intenta proporcionar una teoría del judicial review que atienda adecuadamente los ideales comunes de estabilidad y adaptabilidad. El punto medular de su argumento es la noción de la moralidad de la comunidad—aquella que permite a los jueces constitucionales desarrollar las garantías y derechos (adaptabilidad) mientras que se continúa leal a los principios de democracia y Estado de derecho (estabilidad)—. El objetivo de este trabajo es ofrecer una crítica a esta noción de moralidad de la comunidad, concretamente el objetivo es plantear un reto a la cuestión de asumir que la moralidad de los miembros de las sociedades modernas plurales es tan uniforme como lo exige la teoría de Waluchow. (shrink)

The Stanford Encyclopedia of Philosophy is an open access, dynamic reference work designed to organize professional philosophers so that they can write, edit, and maintain a reference work in philosophy that is responsive to new research. From its inception, the SEP was designed so that each entry is maintained and kept up to date by an expert or group of experts in the field. All entries and substantive updates are refereed by the members of a distinguished Editorial Board before they (...) are made public. (shrink)

This short commentary argues that the potentiality argument against abortion derives its appeal from features embedded in our cognitive structure.

This paper approaches legal argumentation from a rhetorical perspective. It discusses the nature of the audiences that are targeted by judges in the legal process. Judicial opinions reach diverse groups of people with very different attitudes and expectations: other judges, lawyers, litigants, concerned citizens, etc. One important way in which these groups differ is that some of them are more likely to be persuaded by legalistic, precedent or statute-based arguments, while others expect judges to decide on grounds of justice or (...) equity. So, judges face the challenge of determining whether they should select particular groups for special attention, or whether they have alternative rhetorical means to approach the problem of audience diversity. One strategy that is likely to be recommended by rhetorical scholars is that judges should not try to accommodate the various preferences of their actual readership, but that they should rather invoke an idealized audience or some version of Chaïm Perelman’s universal audience. However, the paper tries to show that the universal audience is of limited value for a discussion about how judges ought to proceed in the face of audience diversity. In particular, the idea of a universal audience does not help judges to make the choice between a legalistic or an equity-based approach to legal decision-making. By showing that this is so, the paper also raises doubts about the common thought that to invoke the universal audience in law is to appeal to natural law. (shrink)

Vol. presents a method for critically evaluating relevance in arguments based on case studies & a new relevance theory incorporating techniques of argumentation theory, logic & artificiaI intelligence. For scholars/students in argumentation & rhetoric.

When making decisions, humans can observe many kinds of information about others' activities, but their effects on performance are not well understood. We investigated social learning strategies using a simple problem-solving task in which participants search a complex space, and each can view and imitate others' solutions. Results showed that participants combined multiple sources of information to guide learning, including payoffs of peers' solutions, popularity of solution elements among peers, similarity of peers' solutions to their own, and relative payoffs from (...) individual exploration. Furthermore, performance was positively associated with imitation rates at both the individual and group levels. When peers' payoffs were hidden, popularity and similarity biases reversed, participants searched more broadly and randomly, and both quality and equity of exploration suffered. We conclude that when peers' solutions can be effectively compared, imitation does not simply permit scrounging, but it can also facilitate propagation of good solutions for further cumulative exploration. (shrink)

In the remainder of this article, we will disarm an important motivation for epistemic contextualism and interest-relative invariantism. We will accomplish this by presenting a stringent test of whether there is a stakes effect on ordinary knowledge ascription. Having shown that, even on a stringent way of testing, stakes fail to impact ordinary knowledge ascription, we will conclude that we should take another look at classical invariantism. Here is how we will proceed. Section 1 lays out some limitations of previous (...) research on stakes. Section 2 presents our study and concludes that there is little evidence for a substantial stakes effect. Section 3 responds to objections. The conclusion clears the way for classical invariantism. (shrink)

A "slippery slope argument" is a type of argument in which a first step is taken and a series of inextricable consequences follow, ultimately leading to a disastrous outcome. Many textbooks on informal logic and critical thinking treat the slippery slope argument as a fallacy. Walton argues that used correctly in some cases, they can be a reasonable type of argument to shift a burden of proof in a critical discussion, while in other cases they are used incorrectly. Walton identifies (...) and analyzes four types of slippery slope argument. Walton presents guidelines that show how each type of slippery slope argument can be used correctly or incorrectly, using over fifty case studies of argumentation on controversial issues. These include abortion, medical research on human embryos, euthanasia, the decriminalization of marijuana, pornography, and censorship, and banning of American flag burning. (shrink)

In this article, we present evidence that in four different cultural groups that speak quite different languages there are cases of justified true beliefs that are not judged to be cases of knowledge. We hypothesize that this intuitive judgment, which we call “the Gettier intuition,” may be a reflection of an underlying innate and universal core folk epistemology, and we highlight the philosophical significance of its universality.

This collection of essays, which includes a revised version of a famous article on the "male lesbian," addresses such issues as race, gender, and sexuality, and explores the body as a physical, psychological, and cultural construct.

There has been considerable debate in legal philosophy about how to attribute purposes to rules. Separately, within cognitive science, there has been a growing body of research concerned with questions about how people ordinarily attribute purposes. Here, we argue that these two separate fields might be connected by experimental jurisprudence. Across four studies, we find evidence for the claim that people use the same criteria to attribute purposes to physical objects and to rules. In both cases, purpose attributions appear to (...) be governed not so much by original intention or by moral value as by current practice. We argue that these findings in the cognitive science of purpose attribution have implications for jurisprudential questions involving purposivist legal interpretation. (shrink)

Since at least Hume and Kant, philosophers working on the nature of aesthetic judgment have generally agreed that common sense does not treat aesthetic judgments in the same way as typical expressions of subjective preferences—rather, it endows them with intersubjective validity, the property of being right or wrong regardless of disagreement. Moreover, this apparent intersubjective validity has been taken to constitute one of the main explananda for philosophical accounts of aesthetic judgment. But is it really the case that most people (...) spontaneously treat aesthetic judgments as having intersubjective validity? In this paper, we report the results of a cross‐cultural study with over 2,000 respondents spanning 19 countries. Despite significant geographical variations, these results suggest that most people do not treat their own aesthetic judgments as having intersubjective validity. We conclude by discussing the implications of our findings for theories of aesthetic judgment and the purpose of aesthetics in general. (shrink)

Vice crimes, crimes prohibited in part because they are viewed as morally corrupting, engage legal theorists because they reveal importantly contrasting views between liberals and virtue-centered theorists on the very limits of legitimate state action. Yet advocates and opponents alike focus on the role law can play in suppressing personal vice; the role of law is seen as suppressing licentiousness, sloth, greed etc. The most powerful advocates of the position that the law must nurture good character often draw on Aristotelian (...) theories of virtue to ground the connection between law and virtue. While Aristotle believed that law and character were linked, it is ironic to note that he did not argue for the position evidenced in our vice laws that law was likely to succeed in instilling virtue. Indeed, Aristotle thought the project of using law to instill private virtue was nearly certain to fail. Aristotle’s deep concern was not for the way law protected private virtue within each person but the way law had to protect civic virtue between citizens. This article argues that even from its foundations, the project of vice crimes as moral instruction is misconceived. The use of law for overly instrumental or narrow reasons opens law and legal institutions to abuse and factionalism. Lawyers, judges and others specially connected to law must first and foremost aim at addressing “legal vices,” vices internal to the institutions of law. Particularly, increasing factionalism and instrumentalism which disconnects law from the pursuit of the common good threatens our civic bonds. Most importantly, where civic bonds are disrupted, citizens have no reason to remain law abiding. The striking lesson, captured both in ancient philosophy and modern history, is that when legal vices grow unchecked and factions use the law to pursue narrow interests, ultimately law abidingness is corrupted and interest groups harm themselves as much as others. (shrink)

Science provides us with representations of atoms, elementary particles, polymers, populations, genetic trees, economies, rational decisions, aeroplanes, earthquakes, forest fires, irrigation systems, and the world’s climate. It's through these representations that we learn about the world. This entry explores various different accounts of scientific representation, with a particular focus on how scientific models represent their target systems. As philosophers of science are increasingly acknowledging the importance, if not the primacy, of scientific models as representational units of science, it's important to (...) stress that how they represent plays a fundamental role in how we are to answer other questions in the philosophy of science (e.g. the scientific realism debate). This entry begins by disentangling ‘the’ problem of scientific representation, before critically evaluating the current options available in the literature. (shrink)

This article examines whether people share the Gettier intuition (viz. that someone who has a true justified belief that p may nonetheless fail to know that p) in 24 sites, located in 23 countries (counting Hong Kong as a distinct country) and across 17 languages. We also consider the possible influence of gender and personality on this intuition with a very large sample size. Finally, we examine whether the Gettier intuition varies across people as a function of their disposition to (...) engage in “reflective” thinking. (shrink)

The so-called ergodic hierarchy (EH) is a central part of ergodic theory. It is a hierarchy of properties that dynamical systems can possess. Its five levels are egrodicity, weak mixing, strong mixing, Kolomogorov, and Bernoulli. Although EH is a mathematical theory, its concepts have been widely used in the foundations of statistical physics, accounts of randomness, and discussions about the nature of chaos. We introduce EH and discuss its applications in these fields.

EDITORS' INTRODUCTION B he Vedas tell of a conversation between a young man, Shvetaketu, and his father concerning what the son had learned in his education ...

This article draws attention to the origins, forms, and implications of “toxic discourse” as a genre central to the understanding of the public sphere in business in society.RachelCarson'sSilentSpringis used as a pivotal cultural document establishing “toxic discourse” as an ongoing form of moral narrative rooted in the rationality of counterpublics. Toxic discourse is framed within a center/periphery model in which toxic discourse gains salience in periods of economic dislocation and uncertainty. In these periods, toxic discourse draws together those on the (...) periphery or counterpublics who otherwise would not unite in their opposition to the center. The article critically examines how stakeholder theory, despite making sense of the public sphere for agents of organizations, glosses counterpublics and relegates toxic discourse, as evident in the “Occupy Movement,” to the ephemeral role of temporary, disruptive protest groups with very little of substance to communicate. (shrink)

Does the Ship of Theseus present a genuine puzzle about persistence due to conflicting intuitions based on “continuity of form” and “continuity of matter” pulling in opposite directions? Philosophers are divided. Some claim that it presents a genuine puzzle but disagree over whether there is a solution. Others claim that there is no puzzle at all since the case has an obvious solution. To assess these proposals, we conducted a cross-cultural study involving nearly 3,000 people across twenty-two countries, speaking eighteen (...) different languages. Our results speak against the proposal that there is no puzzle at all and against the proposal that there is a puzzle but one that has no solution. Our results suggest that there are two criteria—“continuity of form” and “continuity of matter”— that constitute our concept of persistence and these two criteria receive different weightings in settling matters concerning persistence. (shrink)

The present research examines whether identity essentialism, an important component of psychological essentialism, is a fundamental feature of human cognition. Across three studies (Ntotal = 1723), we report evidence that essentialist intuitions about the identity of kinds are culturally dependent, demographically variable, and easily malleable. The first study considered essentialist intuitions in 10 different countries spread across four continents. Participants were presented with two scenarios meant to elicit essentialist intuitions. Their answers suggest that essentialist intuitions vary dramatically across cultures. Furthermore, (...) these intuitions were found to vary with gender, education, and across eliciting stimuli. The second study further examined whether essentialist intuitions are stable across different kinds of eliciting stimuli. Participants were presented with two different scenarios meant to elicit essentialist intuitions—the “discovery” and “transformation” scenarios. Their answers suggest that the nature of the eliciting stimuli influences whether or not people report essentialist intuitions. Finally, the third study demonstrates that essentialist intuitions are susceptible to framing effects. Keeping the eliciting stimulus (i.e., the scenario) constant, we show that the formulation of the question eliciting a judgment influences whether or not people have essentialist intuitions. Implications of these findings for identity essentialism and psychological essentialism, in general, are discussed. (shrink)

Mathematical pluralism can take one of three forms: (1) every consistent mathematical theory consists of truths about its own domain of individuals and relations; (2) every mathematical theory, consistent or inconsistent, consists of truths about its own (possibly uninteresting) domain of individuals and relations; and (3) the principal philosophies of mathematics are each based upon an insight or truth about the nature of mathematics that can be validated. (1) includes the multiverse approach to set theory. (2) helps us to understand (...) the significance of the distinguished non‐logical individual and relation terms of even inconsistent theories. (3) is a metaphilosophical form of mathematical pluralism and hasn't been discussed in the literature. In what follows, I show how the analysis of theoretical mathematics in object theory exhibits all three forms of mathematical pluralism. (shrink)

Many different and contradictory claims have been made about the political dimensions (or lack thereof) of the ancient Chinese text known as the Zhuangzi 莊子. The two main positions on this topic set the parameters of the debate. One interprets the Zhuangzi to be apathetic toward political participation, focusing on individual survival instead. The other emphasizes the text’s defiant streak and locates a deliberately subversive force within it. A third position redirects the focus of the debate to an important aspect (...) of the Zhuangzi, recognizing that the text intentionally embraces ambiguity and multivocality, and investigates the political implications of this characteristic of the text. This article further explores the Zhuangzi’s engagement with notions of social and political indeterminacy, but through the lens of role performance. Attending to the text’s portrayal of various social actors’ engagement with established roles reveals a different kind of polysemic stance that lies in the intricate dynamics between societal expectations and individual actions. The article employs these examples to examine a type of role enactment that I contend muddies the line between the place of power and the place of resistance. (shrink)

In discussing whether legal systems are necessarily coercive, legal philosophers usually appeal to thought experiments involving angels or other morally driven beings who need no coercion to organise their social lives. Such appeals have invited criticism. Critics have not only challenged the relevance of such thought experiments to our understanding of legal systems; they have also argued that, contrary to the intuitions of most legal philosophers, the ‘man on the Clapham Omnibus’ would not hold that there is law in a (...) society of angels because the view that law is necessarily coercive ‘enjoys widespread support among laypersons’. This is obviously an empirical claim. Critics, however, never systematically polled the ‘man on the Clapham Omnibus’. We boarded that bus. This article discusses findings from five empirical studies on the relationship between law and coercion. (shrink)