Discretion is a pervasive phenomenon in legal systems. It is of concern to lawyers because it can be a force for justice or injustice: at once a means of advancing the broad purposes of law and of subventing them. For social scientists the discretion exercised by legal actors is an important form of decision-making behaviour, in which legal rules are merely one force in a field of pressures and constraints that push towards certain courses of action or inaction. This book (...) presents a variety of analyses of legal discretion by lawyers and social scientists, who have made discretion and its uses a central part of their scholarly concerns. (shrink)

This book marks the retirement of Donald Harris as Director of the Socio-Legal Studies Institute, Oxford University. Dr Harris was at the forefront of the move in legal scholarship from traditional black-letter approaches to one supplemented by a socio-legal perspective, making use of the insights of the social sciences. His success can be seen in this unique volume of original essays by some of the most distinguished scholars in this field, all of whom have connections with the Centre. The essays (...) range from an economic analysis of the law, the behaviour of lawyers in the business world, the property and financial consequences of divorce, to current tensions between judges and politicians. All are fused by their achievement in providing a succinct summary of the current state of research while making a considered assessment of future directions. (shrink)

Presenting the work of a highly innovative partnership between the University of Cambridge Faculty of Education and eight secondary schools, this book explores this networked learning community which has helped to define the use and production of educational knowledge and research within and between various partners. This book examines the central questions and gives examples of the outcomes of the development that will assist any researchers, especially teachers undertaking research, to develop school-university partnerships. Stories and examples from practitioners and others (...) who worked directly in and with schools are presented throughout the book. It will appeal to a wide audience of practitioners and academics, and to all who are interested in how research and enquiry can be used to support the development of practice in schools. (shrink)

The Metaphysics of Knowledge presents the thesis that knowledge is an absolutely fundamental relation, with an indispensable role to play in metaphysics, philosophical logic, and philosophy of mind and language. Knowledge has been generally assumed to be a propositional attitude like belief. But Keith Hossack argues that knowledge is not a relation to a content; rather, it a relation to a fact. This point of view allows us to explain many of the concepts of philosophical logic in terms of (...) knowledge. Hossack provides a theory of facts as structured combinations of particulars and universals, and presents a theory of content as the property of a mental act that determines its value for getting knowledge. He also defends a theory of representation in which the conceptual structure of a content is taken to picture the fact it represents. This permits definitions to be given of reference, truth, and necessity in terms of knowledge. Turning to the metaphysics of mind and language, Hossack argues that a conscious state is one that is identical with knowledge of its own occurrence. This allows us to characterize subjectivity, and, by illuminating the "I"-concept, allows us to gain a better understanding of the concept of a person. Language is then explained in terms of knowledge, as a device used by a community of persons for exchanging knowledge by testimony. The Metaphysics of Knowledge concludes that knowledge is too fundamental to be constituted by something else, such as one's functional or physical state; other things may cause knowledge, but do not constitute it. (shrink)

In this impressive second edition of Theory of Knowledge, Keith Lehrer introduces students to the major traditional and contemporary accounts of knowing. Beginning with the traditional definition of knowledge as justified true belief, Lehrer explores the truth, belief, and justification conditions on the way to a thorough examination of foundation theories of knowledge,the work of Platinga, externalism and naturalized epistemologies, internalism and modern coherence theories, contextualism, and recent reliabilist and causal theories. Lehrer gives all views careful examination and concludes (...) that external factors must be matched by appropriate internal factors to yield knowledge. This match of internal and external factors follows from Lehrer’s new coherence theory of undefeated justification. In addition to doing justice to the living epistemological traditions, the text smoothly integrates several new lines that will interest scholars. Also, a feature of special interest is Lehrer’s concept of a justification game.This second edition of Theory of Knowledge is a thoroughly revised and updated version that contains several completely new chapters. Written by a well-known scholar and contributor to modern epistemology, this text is distinguished by clarity of structure, accessible writing, and an elegant mix of traditional material, contemporary ideas, and well-motivated innovation. (shrink)

In this article I explore various facets of Nozick’s famous thought experiment involving the experience machine. Nozick’s original target is hedonism—the view that the only intrinsic prudential value is pleasure. But the argument, if successful, undermines any experientialist theory, i.e. any theory that limits intrinsic prudential value to mental states. I first highlight problems arising from the way Nozick sets up the thought experiment. He asks us to imagine choosing whether or not to enter the machine and uses our choice (...) (or rather the choice he assumes most people will have) as evidence against experientialist theories. But for this strategy to succeed it must be possible to distinguish between self-interested and non-self-interested reasons for declining to enter the machine, and there is no obvious way to do this without begging the question against the hedonist. In successive sections I then (a) consider a common misconception of Nozick’s conclusion (that he thinks machine life is the worst life), (b) consider different intuitions about what is important to well-being but missing from machine life, and finally (c) explain what “the experience requirement” is, and describe its relationship to debates about experientialist theories. (shrink)

The literature of economic theory, like that of philosophy, abounds in prefaces and prolegomena. Methodology and analysis of concepts take an important place in a science which has not found the sure path of development. But there is no sure path for methodology either. The selfconscious methodology of social science has been largely a borrowing from that of physical science, where procedures have developed to a stage of considerable maturity. But the analogy falls down where guidance is most needed, at (...) the points where social science is most likely to develop new concepts and new types of structure. Philosophers have not been lacking, indeed, to belittle the entire enterprise, and to deny the possibility of anything that could strictly be called social science. (shrink)

Several social metaphysicians have argued that groups are constituted by, but not identical to, their members. While the constitution view is promising, there are significant difficulties with existing versions of that view. Fortunately, lessons may be extracted from more traditional metaphysics and applied to the case of group agents. Drawing on such lessons, I present a novel account of the constitution relation holding between individuals and group agents. According to the resulting structural-constitution view, when individuals constitute a group of a (...) certain kind, they do so in virtue of exhibiting the structure characteristic of groups of that kind. (shrink)

The dominant approach to assessing decision-making capacity in medicine focuses on determining the extent to which individuals possess certain core cognitive abilities. Critics have argued that this model delivers the wrong verdict in certain cases where patient values that are the product of mental disorder or disordered affective states undermine decision-making without undermining cognition. I argue for a re-conceptualization of what it is to possess the capacity to make medical treatment decisions. It is, I argue, the ability to track one’s (...) own personal interests at least as well as most people can. Using this idea, I demonstrate that it is possible to craft a solution for the problem cases—one that neither alters existing criteria in dangerous ways (e.g. does not open the door to various kinds of abuse) nor violates widely accepted ethical constraints on decision-making assessment. (shrink)

The eminent philosopher Keith Lehrer offers an original and distinctively personal view of central aspects of the human condition, such as reason, knowledge, wisdom, autonomy, love, consensus, and consciousness. He argues that what is uniquely human is our capacity for evaluating our own mental states (such as beliefs and desires), and suggests that we have a system for such evaluation which allows the resolution of personal and interpersonal conflict. The keystone in this system is self-trust, on which reason, knowledge, (...) and wisdom are grounded. (shrink)

problems in psychology The three themes of this book are the relation of the brain's structure to psychological function, the problem of how people perceive ...

This is a collection of seventeen essays on learning, teaching, and the philosophy of education. A sequel to Hawkins's 'The Informed Vision' (1947), this new volume covers a wide range of topics, from generating the most basic student interest in the subject matter at hand to the specific challenges of teaching science and mathematics. In the title essay, Hawkins addresses widespread concerns over low literacy rates and the poor state of our educational system, questioning our limited understanding of (...) literacy as the ability to manipulate the printed word. Another essay explicates methods of inducing children toward certain types of learning, and then letting their spontaneous, natural urges toward self-education take over. In his concluding essay on human equality, Hawkins argues -- contrary to recent works such as Richard J Herrnstein and Charles Murray's 'The Bell Curve' -- that it is the relative poverty or wealth of our intellectual nurturing with respect to the cultural mainstream that accounts for differences in educational performance, no congenital inequalities. Moreover, he seeks to address exactly what sort of equivalence or equality -- preferably one that does not erase individual and cultural differences-we can and ought unqualifiedly to approve of and so seek to realise. Whatever the topic, Hawkins's essays draw upon a lifetime of teaching experience, illuminating the multiplicity of methods that should be used to educate our children. (shrink)

Cognitive science is a cross-disciplinary enterprise devoted to understanding the nature of the mind. In recent years, investigators in philosophy, psychology, the neurosciences, artificial intelligence, and a host of other disciplines have come to appreciate how much they can learn from one another about the various dimensions of cognition. The result has been the emergence of one of the most exciting and fruitful areas of inter-disciplinary research in the history of science. This volume of original essays surveys foundational, theoretical, and (...) philosophical issues across the discipline, and introduces the foundations of cognitive science, the principal areas of research, and the major research programs. With a focus on broad philosophical themes rather than detailed technical issues, the volume will be valuable not only to cognitive scientists and philosophers of cognitive science, but also to those in other disciplines looking for an authoritative and up-to-date introduction to the field. (shrink)

Boys, Boyz, Bois concerns questions of ethics, gender and race in popular American images, national discourse and cultural production by and about black men. The book proposes an ethics of masculinity, as ethnics refers to a system of morality and valuation and as ethics refers to a care of the self and ethical subject formation. The texts of analysis include recent films by black/African American filmmakers, gansta rap and hip-hop and black star persona: texts ranging from Blaxploitation and New Black (...) Cinema to contemporary music video to autobiography and the public image of Sidney Poitier. The book is a significant contribution to cultural studies and gender studies and critical race theory. What is distinctive about the book is the question of ethics as a question of race and gender. (shrink)

Decision-Making Capacity First published Tue Jan 15, 2008; substantive revision Fri Aug 14, 2020 In many Western jurisdictions the law presumes that adult persons, and sometimes children that meet certain criteria, are capable of making their own medical decisions; for example, consenting to a particular medical treatment, or consenting to participate in a research trial. But what exactly does it mean to say that a subject has or lacks the requisite capacity to decide? This question has to do with what (...) is commonly called “decisional capacity”, a central concept in health care law and ethics, and increasingly an independent topic of philosophical inquiry. -/- Decisional capacity can be defined as the ability of subjects to make their own medical decisions. Somewhat similar questions of capacity arise in other contexts, such as capacity to stand trial in a court of law and the ability to make decisions that relate to personal care and finances. However, the history behind the more general legal notions of capacity to stand trial and capacity to manage one’s life is different and operates somewhat differently in law (Roth, Meisel, & Litz 1977; Zapf & Roesch 2005). For the purposes of this discussion the notion of decisional capacity will be limited to medical contexts only; most notably, those where decisions to consent or to refuse treatment or participation in clinical research are concerned. (shrink)

Frege believes that the content of declarative sentences divides into a thought and its ‘colouring’, perhaps combined with assertoric force. He further thinks it is important to separate the thought from its colouring. To do this, a criterion which determines sameness of sense between sentences must be deployed. But Frege provides three criteria for this task, each of which adjudicate on different grounds. In this article, rather than expand on criticisms levelled at two of the criteria offered, the author focuses (...) on the most promising candidate. As it stands, this criterion has problems, but not insuperable ones. He suggests an adjusted criterion that relies on the epistemic notion of triviality. He recommends this criterion as both harmonious with Frege’s broader thought and preferable to alternatives offered. The moral is that Frege individuates thoughts by deploying an epistemic concept, and this is the only suitable way for him to do so. (shrink)

Quassim Cassam has argued that psychological and epistemological analyses of conspiracy theories threaten to overlook the political nature of such theories. According to Cassam, conspiracy theories are a form of political propaganda. I develop a limited critique of Cassam's analysis.This paper advances two core theses. First, acceptance of conspiracy theories requires a rejection of epistemic authority that renders conspiracy theorists susceptible to co-option by certain political programs while insulating such programs from criticism. I argue that the contrarian nature of conspiracy (...) theories partially accounts for the prominence of such theories in populist movements.Second, the contrarian nature of conspiracy theories partially accounts for their attractiveness, especially among those to whom populism already appeals. I argue that for those who resent what appears from their perspective as the shaping of the epistemic landscape by alien perspectives, conspiracy theorizing may facilitate the reassertion of epistemic autonomy. (shrink)

There is a strong appetite in ‘the wild’ (i.e., beyond the academy) for public philosophy. There are myriad forums available, from magazines and online publications to podcasts and YouTube videos, for those who wish to engage in philosophy in a non-academic context. For academic philosophers, this has raised methodological and metaphilosophical questions like: ‘what is the best way to engage in public philosophy?’ and ‘what are our aims when we engage in public philosophy?’ But what do ‘the public’ want? If (...) public philosophy is philosophy written for a public audience, what is it, exactly, that it can or might do for them? Several answers have been proposed by philosophers, but less attention has been paid to how the public themselves might answer that question. The aim of this essay is to try and put together at least the beginning of an answer. In June 2022 we put out a survey in the hope of eliciting views from ‘the public’ on issues relating to the nature and aims of both philosophy (more generally) and public philosophy. In doing so, our aim was to take a ‘democratic’ approach to answering the question: What is public philosophy? (shrink)

This paper considers two conceptual expansions of Du Boisian double consciousness—white double consciousness (Alcoff 2015) and kaleidoscopic consciousness (Medina 2013)—both of which aim to articulate the moral-epistemic potential of cultivating double consciousness from racially dominant or other socially privileged positions. We analyze these concepts and challenge them on the grounds that they lack continuity with their Du Boisian predecessor and face problems of practical feasibility. As we show, these expansions obscure structural barriers that make white double consciousness and kaleidoscopic consciousness (...) unlikely antidotes to the kind of racial domination that double consciousness was introduced to illuminate. We conclude that while more intersectional and pluralistic accounts of double consciousness may be desirable, the project of expansion has moral limits. Identifying these limitations, we outline ways in which double consciousness—as a tool for conceptualizing the genealogy of structural anti-Blackness—remains valuable in the absence of ever-expanding revision. (shrink)

Festschrift for Michiel van Lambalgen on the occasion of his retirement as professor of logic and cognitive science at the University of Amsterdam.

What is the best way to account for the badness of pain and what sort of theory of welfare is best suited to accommodate this view? I argue that unpleasant sensory experiences are prudentially bad in the absence of contrary attitudes, but good when the object of positive attitudes. Pain is bad unless it is liked, enjoyed, valued etc. Interestingly, this view is incompatible with either pure objectivist or pure subjectivist understandings of welfare. However, there is a kind of welfare (...) theory that can incorporate this view of the badness of pain and which is very, very close to being a form of subjectivism. Moreover, this hybrid account of welfare is entirely compatible with the deep motivations of subjectivism. I therefore argue that those who lean towards welfare subjectivism should adopt this account of pain, and that we should revise our understanding of subjectivism to count such theories as subjective. (shrink)

This paper describes the ways in which trolls and bots impede the acquisition of knowledge online. I distinguish between three ways in which trolls and bots can impede knowledge acquisition, namely, by deceiving, by encouraging misplaced skepticism, and by interfering with the acquisition of warrant concerning persons and content encountered online. I argue that these threats are difficult to resist simultaneously. I argue, further, that the threat that trolls and bots pose to knowledge acquisition goes beyond the mere threat of (...) online misinformation, or the more familiar threat posed by liars offline. Trolls and bots are, in effect, fake persons. Consequently, trolls and bots can systemically interfere with knowledge acquisition by manipulating the signals whereby individuals acquire knowledge from one another online. I conclude with a brief discussion of some possible remedies for the problem of fake persons. (shrink)

This book is available either individually, or as part of the specially-priced Arguments of the Philosphers Collection.

This chapter explores radical personal change and its relationship to well-being, welfare, or prudential value. Many theorists of welfare are committed to what is here called the future-based reasons view (FBR), which holds (1) that the best prudential choice in a situation is determined by which possible future has the greatest net welfare value for the subject and (2) what determines facts about future welfare are facts about the subject and the world at that future time. Although some cases of (...) radical change are intuitively prudentially good, many cases of really radical change are not. Yet FBR has trouble explaining this. Many people instinctively reach for the notion of identity to solve this problem—arguing that really radical change cannot be good because it alters who someone is. Yet, as the chapter argues, there are reasons to doubt that appeals to identity are appropriate. The chapter ends with the suggestion that prudential facts may explain why and when retaining identity matters, rather than the other way around, and points to a possible way forward for a theorist of welfare committed to FBR. (shrink)

The dual role of olfaction in both smelling and tasting, i.e. flavour perception, makes it an important test case for philosophical theories of sensory individuation. Indeed, the psychologist Paul Rozin claimed that olfaction is a “dual sense”, leading some scientists and philosophers to propose that we have not one, but two senses of smell: orthonasal and retronasal olfaction. In this paper I consider how best to understand Rozin’s claim, and upon what grounds one might judge there to be one or (...) two distinct olfactory modalities. I conclude that while Rozin may be right that humans have dual occurrences of an olfactory ‘sense’, the concept of a sense-modality, and hence the ‘sense’ of smell, is ambiguous between two different notions: a physiological sensory channel and an experiential modality, along the lines suggested by J. J. Gibson. Furthermore, recognising that these are complementary rather than competing conceptions of a sense-modality enables the formulation of a powerful ‘dual-concept’ framework for posing and addressing questions concerning the complex architecture of human multisensory experience. (shrink)

In light of the complexity of some important matters, the best epistemic strategy for laypersons is often to rely heavily on the judgments of subject matter experts. However, given the contentiousness of some issues and the existence of fake experts, determining who to trust from the lay perspective is no simple matter. One proposed approach is for laypersons to attend to displays of intellectual virtue as indicators of expertise. I argue that this strategy is likely to fail, as non-experts often (...) display apparent intellectual virtues while legitimate experts often display apparent intellectual vices. Then, I argue that this challenge is difficult to overcome, as experts who attempt to better exhibit apparent intellectual virtues would likely compromise their own reliability in the process. Finally, I discuss two conclusions—one more optimistic and one more pessimistic—that one might draw concerning the role of intellectual virtue in the identification of experts. (shrink)

P EM Manifestos for History /EM is a thought-provoking and controversial text that, through a star studded collection of essays, presents a wide ranging ...

In this engaging sequel to Rethinking History , Keith Jenkins argues for a re-figuration of historical study. At the core of his survey lies the realization that objective and disinterested histories as well as historical 'truth' are unachievable. The past and questions about the nature of history remain interminably open to new and disobedient approaches. Jenkins reassesses conventional history in a bold fashion. His committed and radical study presents new ways of 'thinking history', a new methodology and philosophy and (...) their impact on historical practice. This volume is written for students and teachers of history, illuminating and changing the core of their discipline. (shrink)

This introductory text is written for students faced with the question "what is history?

Discusses the rationality of the Christian religion and examines the philosophical arguments for the existence of God.

Why History? is a compelling introduction to the issue of history and ethics. Designed to provoke discussion, the book asks whether and why a good knowledge and understanding of the past is desirable. In the context of current postmodern thinking, Keith Jenkins suggests that the goal of "learning lessons from the past" actually means learning lessons from stories written by historians and others. If the past as history has no foundation, can anything ethical be gained from history? Daring and (...) controversial, Why History? presents liberating challenges to history and ethics, proposing that we have reached an emancipatory moment which is well beyond the "end of history.". (shrink)

The epistemic virtues and vices are typically defined in terms of effects or motivations related to the epistemic states of their possessors. However, philosophers have recently begun to consider _other-regarding_ epistemic virtues, traits oriented toward the epistemic flourishing of others. In a similar vein, this paper discusses _outward-facing_ epistemic vices, properties oriented toward the epistemic languishing of others. I argue for the existence of both reliabilist and responsibilist outward-facing vices, and illustrate how such vices negatively bear on the epistemic prospects (...) of others. I pay special attention to how outward-facing epistemic vices may manifest in online activities that promote the epistemic languishing of others by negatively influencing the online epistemic environment. (shrink)

Addressing Merleau-Ponty's work Phenomenology of Perception, in dialogue with The Visible and the Invisible, his lectures at the Collège de France, and his reading of Proust, this book argues that at play in his thought is a philosophy of “ontological lateness”. This describes the manner in which philosophical reflection is fated to lag behind its objects; therefore an absolute grasp on being remains beyond its reach. Merleau-Ponty articulates this philosophy against the backdrop of what he calls “cruel thought”, a style (...) of reflecting that seeks resolution by limiting, circumscribing, and arresting its object. By contrast, the philosophy of ontological lateness seeks no such finality-no apocalypsis or unveiling-but is characterized by its ability to accept the veiling of being and its own constitutive lack of punctuality. To this extent, his thinking inaugurates a new relation to the becoming of sense that overcomes cruel thought. Merleau-Ponty's work gives voice to a wisdom of dispossession that allows for the withdrawal of being. Never before has anyone engaged with the theme of Merleau-Ponty's own understanding of philosophy in such a sustained way as Whitmoyer does in this volume. (shrink)

Everyday reasoning requires more evidence than raw data alone can provide. We explore the idea that people can go beyond this data by reasoning about how the data was sampled. This idea is investigated through an examination of premise non‐monotonicity, in which adding premises to a category‐based argument weakens rather than strengthens it. Relevance theories explain this phenomenon in terms of people's sensitivity to the relationships among premise items. We show that a Bayesian model of category‐based induction taking premise sampling (...) assumptions and category similarity into account complements such theories and yields two important predictions: First, that sensitivity to premise relationships can be violated by inducing a weak sampling assumption; and second, that premise monotonicity should be restored as a result. We test these predictions with an experiment that manipulates people's assumptions in this regard, showing that people draw qualitatively different conclusions in each case. (shrink)

This paper applies social-relational models of moral standing of robots to cases where the encounters between the robot and humans are relatively brief. Our analysis spans the spectrum of non-social robots to fully-social robots. We consider cases where the encounters are between a stranger and the robot and do not include its owner or operator. We conclude that the developers of robots that might be encountered by other people when the owner is not present cannot wash their hands of responsibility. (...) They must take care with how they develop the robot’s interface with people and take into account how that interface influences the social relationship between it and people, and, thus, the moral standing of the robot with each person it encounters. Furthermore, we claim that developers have responsibility for the impact social robots have on the quality of human social relationships. (shrink)