Law and Society, Third Edition, offers a contemporary overview of the structure and function of legal institutions, along with a lively discussion of both criminal and civil law and their impact on society. Unlike other books on law and society, Matthew Lippman takes an interdisciplinary approach that highlights the relevance of the law throughout our society. Distinctive coverage of diversity, inequality, civil liberties, and globalism is intertwined through an organized theme in a strong narrative. The highly anticipated Third (...) Edition of this practical and invigorating text introduces students to both the influence of law on society and the influence of society on the law. Discussions of the pressing issues facing today's society include key topics such as the law and inequality, international human rights, privacy and surveillance, and law and social control.?KEY FEATURES: An interdisciplinary approach integrates various intellectual perspectives and traditions to provide extensive coverage of the legal profession, juries, criminal courts, and racial and ethnic inequality. Gender is covered throughout the text with particular attention devoted to abortion, human trafficking, global exploitation, sexual abuse, and the role of women in the justice system. A distinction between legal myth and reality is analyzed throughout the text using contemporary media examples. International Perspective sections offer relevant cross-cultural and international studies to provide a unique global viewpoint. Test Your Knowledge questions open chapters to show students what they may and may not know prior to reading the chapters. You Decide cases are presented throughout the book to sharpen critical thinking skills by applying the chapter contents to contemporary issues. (shrink)

Postcolonial science studies entails ostensibly contradictory critical and empirical commitments. Science studies scholars influenced by Bruno Latour and Isabelle Stengers embrace forms of realist, radical empiricism, while postcolonial studies scholars influenced by Jacques Derrida trace the limits of the knowable. This essay takes their common use of the term cosmopolitics as an unexpected point of departure for reconciling Derrida’s program with Stengers’s and Latour’s. I read Derrida’s critique of hospitality and Stengers’s and Latour’s ontological politics as necessary complements for conceiving (...) a care-oriented subalternist cosmopolitics, a process of composing common worlds that remains attentive to the limits of representation. (shrink)

Suppose we consider knowledge to be valuable because of the role known propositions play in practical reasoning. This, I argue, does not provide a reason to think that knowledge is valuable in itself. Rather, it provides a reason to think that true belief is valuable from one standpoint, and that justified belief is valuable from another standpoint, and similarly for other epistemic concepts. The value of the concept of knowledge is that it provides an economical way of talking about many (...) epistemic concepts that are valuable in itself from one standpoint or another. In this way knowledge is like a Swiss Army Knife; a Swiss Army Knife is not useful as such on any occasion, but it provides an efficient way of carrying around different tools that are useful in themselves on different occasions. (shrink)

On the one hand, Hume accepts the view -- which he attributes primarily to Stoicism -- that there exists a determinate best and happiest life for human beings, a way of life led by a figure whom Hume calls "the true philosopher." On the other hand, Hume accepts that view -- which he attributes to Scepticism -- that there exists a vast plurality of good and happy lives, each potentially equally choiceworthy. In this paper, I reconcile Hume's apparently conflicting commitments: (...) I argue that Hume's "Sceptical" pluralism about the character of the happiest life need not conflict with his "Stoic" advocacy of the supreme happiness of the true philosopher, given Hume's flexible understanding of how one might live as a true philosopher. (shrink)

In Nicomachean Ethics X.7–8, Aristotle defends a striking view about the good for human beings. According to Aristotle, the single happiest way of life is organized around philosophical contemplation. According to the narrowness worry, however, Aristotle's contemplative ideal is unduly Procrustean, restrictive, inflexible, and oblivious of human diversity. In this paper, I argue that Aristotle has resources for responding to the narrowness worry, and that his contemplative ideal can take due account of human diversity.

In Plato’s Symposium, the mysterious Apollodorus recounts to an unnamed comrade, and to us, Aristodemus’ story of just what happened at Agathon’s drinking party. Since Apollodorus did not attend the party, however, it is unclear what relevance he could have to our understanding of Socrates’ speech, or to the Alcibiadean “satyr and silenic drama” (222d) that follows. The strangeness of Apollodorus is accentuated by his recession into the background after only two Stephanus pages. What difference—if any—does Apollodorus make to the (...) Symposium? Does his inclusion call the dramatic and philosophical unity of the work into question? I argue that despite initial appearances, Plato has important philosophical reasons for including Apollodorus as a character. Far from being an odd appendage to an otherwise complete narrative, the figure of Apollodorus is useful for our understanding of Socrates’s conception of eros later in the work. (shrink)

The impressive variation amongst biological individuals generates many complexities in addressing the simple-sounding question what is a biological individual? A distinction between evolutionary and physiological individuals is useful in thinking about biological individuals, as is attention to the kinds of groups, such as superorganisms and species, that have sometimes been thought of as biological individuals. More fully understanding the conceptual space that biological individuals occupy also involves considering a range of other concepts, such as life, reproduction, and agency. There has (...) been a focus in some recent discussions by both philosophers and biologists on how evolutionary individuals are created and regulated, as well as continuing work on the evolution of individuality. (shrink)

Conspiracy theories are a popular topic of conversation in everyday life but are often frowned upon in academic discussions. Looking at the recent spate of philosophical interest in conspiracy theories, The Philosophy of Conspiracy Theories looks at whether the assumption that belief in conspiracy theories is typically irrational is well founded.

Constitutivists hope to locate the foundations of ethics in the nature of action. They hope to find norms that are constitutive of agency. Recently David Enoch has argued that even if there are such norms, they cannot provide the last word when it comes to normativity, since they cannot tell us whether we have reason to be agents rather than shmagents. I argue that the force of the shmagency objection has been considerably overestimated, because philosophers on both sides of the (...) debate have failed to grasp the true source of the authority of agency’s constitutive norm. Some constitutivists believe that this authority is rooted in the inescapability of agency. Yet agency is not, in fact, inescapable. What actually grounds the authority of agency’s constitutive norm is the fact that there is no standpoint outside of agency from which we can intelligibly ask normative questions. (shrink)

This paper attempts to explain what a protest is by using the resources of speech-act theory. First, we distinguish the object, redress, and means of a protest. This provided a way to think of atomic acts of protest as having dual communicative aspects, viz., a negative evaluation of the object and a connected prescription of redress. Second, we use Austin’s notion of a felicity condition to further characterize the dual communicative aspects of protest. This allows us to distinguish protest from (...) some other speech acts which also involve a negative evaluation of some object and a connected prescription of redress. Finally, we turn to Kukla and Lance’s idea of a normative functionalist analysis of speech acts to advance the view that protests are a complex speech act constituted by dual input normative statuses and dual output normative statuses. (shrink)

Traditionally, Aristotle is held to believe that philosophical contemplation is valuable for its own sake, but ultimately useless. In this volume, Matthew D. Walker offers a fresh, systematic account of Aristotle's views on contemplation's place in the human good. The book situates Aristotle's views against the background of his wider philosophy, and examines the complete range of available textual evidence. On this basis, Walker argues that contemplation also benefits humans as perishable living organisms by actively guiding human life activity, (...) including human self-maintenance. Aristotle's views on contemplation's place in the human good thus cohere with his broader thinking about how living organisms live well. A novel exploration of Aristotle's views on theory and practice, this volume will interest scholars and students of both ancient Greek ethics and natural philosophy. It will also appeal to those working in other disciplines including classics, ethics, and political theory. (shrink)

This chapter offers a complete account of Aristotle’s underexplored treatment of the virtue of wittiness (eutrapelia) in Nicomachean Ethics IV.8. It addresses the following questions: (1) What, according to Aristotle, is this virtue and what is its structure? (2) How do Aristotle’s moral psychological views inform Aristotle’s account, and how might Aristotle’s discussions of other, more familiar virtues, enable us to understand wittiness better? In particular, what passions does the virtue of wittiness concern, and how might the virtue (and its (...) attendant vices) be related to the virtue of temperance (and its attendant vices)? (3) How does wittiness, as an ethical virtue, benefit its possessor? (4) How can Aristotle resolve some key tensions that his introducing a virtue of wittiness apparently generates for his ethics? In addition to exploring these questions, this chapter challenges some commonly accepted accounts of Aristotle’s views on the nature of the laughable. (shrink)

Research in the neurosciences continues to provide evidence that sleep plays a role in the processes of learning and memory. There is less of a consensus, however, regarding the precise stages of memory development during which sleep is considered a requirement, simply favorable, or not important. This article begins with an overview of recent studies regarding sleep and learning, predominantly in the procedural memory domain, and is measured against our current understanding of the mechanisms that govern memory formation. Based on (...) these considerations, I offer a new neurocognitive framework of procedural learning, consisting first of acquisition, followed by two specific stages of consolidation, one involving a process of stabilization, the other involving enhancement, whereby delayed learning occurs. Psychophysiological evidence indicates that initial acquisition does not rely fundamentally on sleep. This also appears to be true for the stabilization phase of consolidation, with durable representations, resistant to interference, clearly developing in a successful manner during time awake (or just time, per se). In contrast, the consolidation stage, resulting in additional/enhanced learning in the absence of further rehearsal, does appear to rely on the process of sleep, with evidence for specific sleep-stage dependencies across the procedural domain. Evaluations at a molecular, cellular, and systems level currently offer several sleep specific candidates that could play a role in sleep-dependent learning. These include the upregulation of select plasticity-associated genes, increased protein synthesis, changes in neurotransmitter concentration, and specific electrical events in neuronal networks that modulate synaptic potentiation. Key Words: consolidation; enhancement; learning; memory; plasticity; sleep; stabilization. (shrink)

By scholarly consensus, extant fragments from, and testimony about, Aristotle’s lost dialogue Eudemus provide strong evidence for thinking that Aristotle at some point defended the human soul’s unqualified immortality (either in whole or in part). I reject this consensus and develop an alternative, deflationary, speculative, but textually supported proposal to explain why Aristotle might have written a dialogue featuring arguments for the soul’s unqualified immortality. Instead of defending unqualified immortality as a doctrine, I argue, the Eudemus was most likely offering (...) a dramatically engaging propaedeutic to the sort of philosophical inquiry about the soul and its prospects that Aristotle pursues more scientifically in the De anima and Parva naturalia. (shrink)

This paper builds upon, but substantially revises, John Harsanyi's concept of ‘extended preferences’. An individual ‘history’ is a possible life that some person (a subject) might lead. Harsanyi supposes that a given spectator, formulating her ethical preferences, can rank histories by empathetic projection: putting herself ‘in the shoes’ of various subjects. Harsanyi then suggests that interpersonal comparisons be derived from the utility function representing spectators’ (supposedly common) ranking of history lotteries. Unfortunately, Harsanyi's proposal has various flaws, including some that have (...) hitherto escaped scholarly attention. In particular, it ignores the limits of personal identity. If the subject has welfare-relevant attributes that the spectator cannot acquire without changing who she is, full empathetic identification of the latter with the former becomes impossible. This paper proposes instead to usesympathyas the attitude on a spectator's part that allows us to make sense of her extended preferences. Sympathy – an attitude of care and concern – is a psychological state quite different from empathy. We should also allow for hetereogeneity in spectators’ extended preferences. Interpersonal comparisons emerge from a plurality of sympathetic spectators, not (as per Harsanyi) from a common empathetic ranking. (shrink)

This book addresses a range of relevant theoretical issues, including the possibility of an interpersonally comparable measure of well-being, or “utility” metric; the moral value of equality, and how that bears on the form of the social welfare function; social choice under uncertainty; and the possibility of integrating considerations of individual choice and responsibility into the social-welfare-function framework. This book also deals with issues of implementation, and explores how survey data and other sources of evidence might be used to calibrate (...) both a utility metric and a social welfare function, and whether distributive goals are ever best pursued through regulation rather than the tax system. In working through this range of theoretical and practical issues, the book draws from a wide variety of literatures, including philosophical scholarship on equality, responsibility, the nature of well-being, and personal identity over time; the social choice literature within economics; applied economic literatures concerning the measurement of inequality and poverty; legal and policy-analysis scholarship on cost-benefit analysis, environmental justice, and the choice between regulation and taxation; and the burgeoning field of “happiness studies”. (shrink)

I distinguish two ways of explaining our capacity for ‘transparent’ knowledge of our own present beliefs, perceptions, and intentions: an inferential and a reflective approach. Alex Byrne (2011) has defended an inferential approach, but I argue that this approach faces a basic difficulty, and that a reflective approach avoids the difficulty. I conclude with a brief sketch and defence of a reflective approach to our transparent self-knowledge, and I show how this approach is connected with the thesis that we must (...) distinguish between a kind of self-knowledge that is of oneself as agent and another kind that is of oneself as patient. (shrink)

According to Nicomachean Ethics I.7 1098a16–18, eudaimonia consists in activity of soul “according to the best and most final” virtue. Ongoing debate between inclusivist and exclusivist readers of this passage has focused on the referent of “the best and most final” virtue. I argue that even if one accepts the exclusivist's answer to this reference question, one still needs an account of what it means for activity of soul to accord with the best and most final virtue. I examine the (...) nature of this accordance relation and defend a novel inclusivist reading of the whole passage. (shrink)

Aristotle’s views on the choiceworthiness of friends might seem both internally inconsistent and objectionably instrumentalizing. On the one hand, Aristotle maintains that perfect friends or virtue friends are choiceworthy and lovable for their own sake, and not merely for the sake of further ends. On the other hand, in Nicomachean Ethics IX.9, Aristotle appears somehow to account for the choiceworthiness of such friends by reference to their utility as sources of a virtuous agent’s robust self-awareness. I examine Aristotle’s views on (...) the utility and choiceworthiness of friends, and offer a novel reading of Nicomachean Ethics IX.9. On this reading, Aristotle accepts a version of instrumental conditionalism about final value, that is, the thesis that goods (including friends) can be choiceworthy for their own sake (i.e., possess final or end value) at least partly on account of their instrumental properties. In articulating what sort of instrumental conditionalism it is reasonable to attribute to Aristotle, I argue that Aristotle appeals to the utility of perfect friends as part of a broadly material causal account of why such friends are choiceworthy for their own sake. On this reading, perfect friends are not choiceworthy for the sake of their utility in eliciting self-awareness; rather, their choiceworthiness for their own sake is (at least partly) realized in, or constituted by, their conduciveness to the virtuous agent’s self-awareness. This reading, I argue, frees Aristotle from the charge of inconsistency: Aristotle can appeal to the conduciveness of perfect friends to the virtuous agent’s self-awareness as a way of explaining why such friends are choiceworthy for their own sake. (shrink)

A response to Lee Basham's 'The Need for Accountable Witnesses: A Reply to Dentith'.

This article addresses the issue of professionalization in the life sciences during the second half of the nineteenth century through a survey of British entomological periodicals. It is generally accepted that this period saw the rise of professional practitioners and the emergence of biology. However, recent scholarship has increasingly shown that this narrative elides the more complex processes at work in shaping scientific communities from the 1850s to the turn of the century. This article adds to such scholarship by examining (...) the ways in which the editors of four entomological periodicals from across this time frame attempted to shape the communities of their readership, and in particular focuses upon the apparent divide between ‘mere collectors’ and ‘entomologists’ as expressed within these journals. Crucially, the article argues that non-professional practitioners were active in defining their own distinct identities and thereby claiming scientific authority. Alongside the periodicals, the article makes use of the correspondence archive of the entomologist and periodical editor Henry Tibbats Stainton, which has hitherto not been subject to sustained analysis by historians. (shrink)

The articles in this issue cover a wide range of topics, including the moral status of human embryos and human-animal chimeras and hybrids, the determination of death, theories of human cognition, and policies on the identity of mitochondrial donors. Despite this variety, there are two underlying questions that tie the articles together: what is a human being? And, what is the basis of moral status? First, I discuss these two questions and why they are important for bioethics. Then I provide (...) summaries of the six articles in this issue and explain how each of them is connected to the questions of human nature and moral status. (shrink)

CHAPTER Our Field of Inquiry The history and the philosophy of music are obviously dependent upon music for their existence, but they are not for that ...

Some individuals and businesses have become increasingly dependent upon multiple financing sources for economic survival. Certain currently used lending policies, such as interest-only loans and revolving credit lines, may encourage borrower dependency on the lender. The paper reviews religious teachings, specifically religious safeguards on lending identified in primary Jewish sources including the Tanach and rabbinic teachings, and finds that the safeguards in place centuries ago may still be relevant for lending practices today to both protect the borrower while still providing (...) a profitable means to help borrowers. (shrink)

This essay examines the experience of rewriting historical narratives from a world-system perspective, drawing on the author's attempt to construct an integrated image of the world economy in the thirteenth century. Searching for an intermediate epistemological path between unanchored postmodern hermeneutics and overconfident positivism, the author argues that three apparent deviations from the "ideals of positivist social science," which she ironically labels eccentricity, ideology, and idiosyncrasy, can yield significant "remakings" of world history. Eccentricity, namely, recognizing perspectives other than those that (...) conventionally view the world through the eyes of the West, can help historians to escape from ethnocentrism or Eurocentrism. Ideology, more conventionally called theory, is essential if historians are to select and integrate new material. And idiosyncrasy in the interests and backgrounds of historians can often be the source of the re-vision so essential for challenging earlier historical narratives. The author alludes to parallels with ethnographic research methods and cautions against substituting these three aids to research for rigorous attention to empirical sources and "the real world.". (shrink)

In the mathematics education research literature, there is a growing body of scholarship on how mathematicians practice their craft. The purpose of this chapter is to survey some of this literature and explain how it can contribute to the philosophy of mathematical practice. We first describe how mathematics educators use empirical methodologies to investigate the behaviors of mathematicians and argue that findings from these studies can inform the philosophy of mathematical practice. We then illustrate this by summarizing research on mathematicians’ (...) understandings and mathematicians’ proof reading. (shrink)

What is it to know someone? Epistemologists rarely take up this question, though recent developments make such inquiry possible and desirable. This paper advances an account of how such interpersonal knowledge goes beyond mere propositional and qualitative knowledge about someone, giving a central place to second-personal treatment. It examines what such knowledge requires, and what makes it distinctive within epistemology as well as socially. It assesses its theoretic value for several issues in moral psychology, epistemic injustice, and philosophy of mind. (...) And it offers an account of the complex content in play if interpersonal knowledge is to be understood in terms of its mental states and their functions. (shrink)

Surprisingly little has been written about hedged assertion. Linguists often focus on semantic or syntactic theorizing about, for example, grammatical evidentials or epistemic modals, but pay far less attention to what hedging does at the level of action. By contrast, philosophers have focused extensively on normative issues regarding what epistemic position is required for proper assertion, yet they have almost exclusively considered unqualified declaratives. This essay considers the linguistic and normative issues side-by-side. We aim to bring some order and clarity (...) to thinking about hedging, so as to illuminate aspects of interest to both linguists and philosophers. In particular, we consider three broad questions. 1) The structural question: when one hedges, what is the speaker’s commitment weakened from? 2) The functional question: what is the best way to understand how a hedge weakens? And 3) the taxonomic question: are hedged assertions genuine assertions, another speech act, or what? (shrink)

Manipulation cases have figured prominently in philosophical debates about whether moral responsibility is in some sense deeply historical. Meanwhile, some philosophers have thought that folk thinking about manipulated agents may shed some light on the various argumentative burdens facing participants in that debate. This paper argues that folk thinking is, to some extent, historical. Across three experiments, a substantial number of participants did not attribute moral responsibility to agents with manipulation in their histories. The results of these experiments challenge previous (...) research indicating that folk thinking is not historicist. Furthermore, perceptions of reduced free will, but not of a change in personal identity of the agent, account for the attenuation of moral responsibility when the agent was manipulated. To the extent that folk thinking is relevant to philosophical debates about the nature of moral responsibility, the results helpfully illuminate the dialectical burdens facing competing conceptions of responsible agency. (shrink)

Prioritarianism is a moral view that ranks outcomes according to the sum of a strictly increasing and strictly concave transformation of individual well-being. Prioritarianism is ‘welfarist’ (namel...

Hope, in its propositional construction "I hope that p," is compatible with a stated chance for the speaker that not-p. On fallibilist construals of knowledge, knowledge is compatible with a chance of being wrong, such that one can know that p even though there is an epistemic chance for one that not-p. But self-ascriptions of propositional hope that p seem to be incompatible, in some sense, with self-ascriptions of knowing whether p. Data from conjoining hope self-ascription with outright assertions, with (...) first- and third-person knowledge ascriptions, and with factive predicates suggest a problem: when combined with a plausible principle on the rationality of hope, they suggest that fallibilism is false. By contrast, the infallibilist about knowledge can straightforwardly explain why knowledge would be incompatible with hope, and can offer a simple and unified explanation of all the linguistic data introduced here. This suggests that fallibilists bear an explanatory burden which has been hitherto overlooked. (shrink)

This collection of essays forms a lively debate over the fundamental characteristics of legal and moral rights. The essays examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices.

The Knowledge Norm or Knowledge Account of Assertion (KAA) has received added support recently from data on prompting assertion (Turri 2010) and from a refinement suggesting that assertions ought to express knowledge (Turri 2011). This paper adds another argument from parenthetical positioning, and then argues that KAA’s unified explanation of some of the earliest data (from Moorean conjunctions) adduced in its favor recommends KAA over its rivals.

Intellectualists about knowledge how argue that knowing how to do something is knowing the content of a proposition (i.e, a fact). An important component of this view is the idea that propositional knowledge is translated into behavior when it is presented to the mind in a peculiarly practical way. Until recently, however, intellectualists have not said much about what it means for propositional knowledge to be entertained under thought's practical guise. Carlotta Pavese fills this gap in the intellectualist view by (...) modeling practical modes of thought after Fregean senses. In this paper, I take up her model and the presuppositions it is built upon, arguing that her view of practical thought is not positioned to account for much of what human agents are able to do. (shrink)

Contemporary scholarship concerning science diplomacy is increasingly taking a historical approach. In our introduction to this special issue, we argue that this approach promises insight into science diplomacy because of the tools historians of science bring to their work. In particular, we observe that not only are historians of science currently poised to chart the diplomatic aspects involved in the transnational circulation of technoscientific knowledge, materials, and expertise. They are ready to bring critical global analysis to an important phenomenon that (...) has too often been treated as a benign diplomacy device deployed by the Global North without equal reference to the Global South. Through cases discussed in the articles of the special issue, however, we see that historically, in the Global South as well as the Global North, science diplomacy has often functioned to mediate the circulation of technoscientific knowledge and materials, and its historical study helps to better illuminate the resulting knowledge-power nexus. (shrink)