This essay argues, flouting paradox, that Mill was a utilitarian but not a consequentialist. First, it contends that there is logical space for a view that deserves to be called utilitarian despite its rejection of consequentialism; second, that this logical space is, in fact, occupied by John Stuart Mill. The key to understanding Mill's unorthodox utilitarianism and the role it plays in his moral philosophy is to appreciate his sentimentalist metaethics—especially his account of wrongness in terms of fitting guilt and (...) resentment. Mill recognizes a fundamental moral asymmetry between the agent and others, which conflicts intractably with a presupposition of consequentialism. This allows him to differentiate three potentially conflicting evaluative spheres: morality, prudence, and aesthetics. This essay's account of Mill's utilitarianism coheres with his defense of individual liberty and his embrace of supererogation, both of which elude traditional interpretations. (shrink)

According to Slote's ``agent-based'' virtue ethics, the rightness orwrongness of an act is determined by the motive it expresses. Thistheory has a problem with cases where an agent can do her duty onlyby expressing some vicious motive and thereby acting wrongly. In sucha situation, an agent can only act wrongly; hence, the theory seemsincompatible with the maxim that `ought' implies `can'. I argue thatSlote's attempt to circumvent this problem by appealing to compatibilism is inadequate. In a wide range of psychologically (...) realistic cases, an agent's effective choice will be between failingto do her duty and doing it from inferior motives. Then anythingshe can do will be wrong, according to the agent-based theory,contrary to the maxim Slote wishes to preserve. (shrink)

Philosophers often call emotions appropriate or inappropriate. What is meant by such talk? In one sense, explicated in this paper, to call an emotion appropriate is to say that the emotion is fitting: it accurately presents its object as having certain evaluative features. For instance, envy might be thought appropriate when one's rival has something good which one lacks. But someone might grant that a circumstance has these features, yet deny that envy is appropriate, on the grounds that it is (...) wrong to be envious. These two senses of `appropriate' have much less in common than philosophers have supposed. Indeed, the distinction between propriety and correctness is crucial to understanding the distinctive role of the emotions in ethics. We argue here that an emotion can be fitting despite being wrong to feel, and that various philosophical arguments are guilty of a systematic error which we term the moralistic fallacy. (shrink)

Philosophers often call emotions appropriate or inappropriate. What is meant by such talk? In one sense, explicated in this paper, to call an emotion appropriate is to say that the emotion is fitting: it accurately presents its object as having certain evaluative features. For instance, envy might be thought appropriate when one’s rival has something good which one lacks. But someone might grant that a circumstance has these features, yet deny that envy is appropriate, on the grounds that it is (...) wrong to be envious. These two senses of ‘appropriate’ have much less in common than philosophers have supposed. Indeed, the distinction between propriety and correctness is crucial to understanding the distinctive role of the emotions in ethics. We argue here that an emotion can be fitting despite being wrong to feel, and that various philosophical arguments are guilty of a systematic error which we term the moralistic fallacy. (shrink)

Champions of virtue ethics frequently appeal to moral perception: the notion that virtuous people can “see” what to do. According to a traditional account of virtue, the cultivation of proper feeling through imitation and habituation issues in a sensitivity to reasons to act. Thus, we learn to see what to do by coming to feel the demands of courage, kindness, and the like. But virtue ethics also claims superiority over other theories that adopt a perceptual moral epistemology, such as intuitionism (...) – which John McDowell criticizes for illicitly “borrow[ing] the epistemological credentials” of perception. In this paper, I suggest that the most promising way for virtue ethics to use perceptual metaphors innocuously is by adopting a skill model of virtue, on which the virtues are modeled on forms of practical know-how. Yet I contend that this model is double-edged for virtue ethics. The skill model belies some central ambitions and dogmas of the traditional view, especially its most idealized claims about virtue and the virtuous. While this may be a cost that its champions are unprepared to pay, I suggest that virtue ethics would do well to embrace a more realistic moral psychology and a correspondingly less sublime conception of virtue. (shrink)

Philosophers often call emotions appropriate or inappropriate. What is meant by such talk? In one sense, explicated in this paper, to call an emotion appropriate is to say that the emotion is fitting: it accurately presents its object as having certain evaluative features. For instance, envy might be thought appropriate when one’s rival has something good which one lacks. But someone might grant that a circumstance has these features, yet deny that envy is appropriate, on the grounds that it is (...) wrong to be envious. These two senses of ‘appropriate’ have much less in common than philosophers have supposed. Indeed, the distinction between propriety and correctness is crucial to understanding the distinctive role of the emotions in ethics. We argue here that an emotion can be fitting despite being wrong to feel, and that various philosophical arguments are guilty of a systematic error which we term the moralistic fallacy. (shrink)

The literature on the wrong kind of reason problem largely assumes that such reasons pose only a theoretical problem for certain theories of value rather than a practical problem. Since the normative force of the canonical examples is obvious, the only difficulty is to identify what reasons of the right and wrong kind have in common without circularity. This chapter argues that in addition to the obvious WKRs on which the literature focuses, there are also more interesting WKRs that do (...) not overtly refer to the advantages of having some evaluative attitude. Instead they refer to features of the object that bear on the propriety of having certain attitudes toward it. What is interesting about these cases is that their normative force is opaque. It can be clear that some consideration bears on whether or not to feel shame, pity, or amusement, for example, but unclear just how it does so—specifically, whether the consideration helps make the object of the attitude shameful, pitiable, or funny. The problems caused by WKRs are ubiquitous, and they outstrip the wrong kind of reason problem as it has ordinarily been conceived, since extant solutions to the technical problem offer no help resolving the opacity of normative force. (shrink)

Mill's famous proportionality statement of the Greatest Happiness Principle (GHP) is commonly taken to specify his own moral theory. And the discussion in which GHP is embedded -- Chapter 2 of Utilitarianism -- predominates the interpretation of Mill's normative philosophy. Largely because of these suppositions, Mill is traditionally read as a particular kind of utilitarian: a maximizing act-consequentialist. This paper argues that the canonical status accorded to Utilitarianism is belied by the text itself, as well as by its historical context, (...) and that this point largely undermines the orthodox interpretation of Mill. In fact, GHP was intended as the statement of a common creed, acceptable to the diverse class of philosophers Mill counted as utilitarian. Moreover, the discussion of substantive moral theory in Utilitarianism in several respects does not reflect his own view, and the work itself is much less important than it is almost universally taken to be -- though not, it turns out, by Mill himself. (shrink)

Mill advocated an unqualified defense of the liberty of conscience in the most comprehensive sense, which he understood to include not just the freedom to hold but also to express any opinion or sentiment. Yet considerable dispute persists about the nature of Mill’s argument for freedom of expression and whether his premises can support so strong a conclusion. Two prominent interpretations of Mill that threaten to undermine his uncompromising defense of free speech are considered and refuted. A better interpretation can (...) be founded on Mill’s claim that the liberties of conscience are inseparable in practice. This claim can be defended with modern psychological insight about the nature of cognitive bias, and epistemological insight about why justification of creedal beliefs requires the universal toleration of opinion, insights which are largely anticipated by Mill. This argument is especially vital because it highlights the divide between classical liberalism and progressivism that has become a flashpoint in the current political debate over free speech. (shrink)

Horace recommended that poets "mingle the useful and the sweet"; but the champions of an ethical function for art have yet to explain how moral and aesthetic values can truly be mingled. Their proposed ethical functions too often seem irrelevant to what we most care about in art. Moreover, we need an explanation of what art has to show us that is of ethical significance, and that we don't already know. ;The answer is to be found in the "thick concepts" (...) , which purport to provide reasons to feel and to act. Thick concepts are response-dependent, in that our application of them is guided by certain quasi-emotional responses, which they purport to warrant. These responses, I argue, are given content by their role in an ethical perspective, a value-laden "way of seeing" the world. Morality's aspirations to objectivity require that we gain imaginative acquaintance with the thick concepts of alien perspectives, without which real normative confrontation would be impossible. Fiction thus serves an ethical function by expanding our capacities of moral perception. ;Narrative art is uniquely well-suited to this task, because to give a reading of a story is to make sense of its characters and events in value-laden, emotional terms. Our engagement with fiction thus involves understanding the ethical perspectives that inform the text. This model of art's ethical function is immune to formalist challenges. Moreover, it answers the formidable hermeneutic and epistemological problems on which traditional theories founder. (shrink)

“ 'Free speech' is just the name we give to verbal behavior that serves the substantive agendas we wish to advance”—or so literary theorist and professor of law Stanley Fish has claimed. This cynical dictum is one of several skeptical challenges to freedom of speech that have been extremely influential in the American academy. I will follow the skeptics' lead by distinguishing between two broad styles of critique: the progressive and the postmodern. Fish's dictum, however, like many of the bluntest (...) charges, belongs to neither class exclusively. As an initial characterization of the distinction between these critiques, progressive skepticism claims that freedom of speech is a bad thing, while postmodernist skepticism claims it to be conceptually impossible. Both forms of skepticism hold the classical liberal endorsement of free speech and condemnation of censorship to be both naive and reactionary. Skepticism about free speech flourishes at universities in the United States and is especially well represented among professors at the country's most prestigious law schools. As legal scholar Robert Post approvingly observes: “Liberated from traditional inhibitions against official suppression of speech, the left has mobilized to pursue a rich variety of political agendas.”. (shrink)

Simon May has argued that the notion of a principled compromise is incoherent. Reasons to compromise are always in his view strategic: though we think that the position we defend is still the right one, we compromise on this view in order to avoid the undesirable consequences that might flow from not compromising. I argue against May that there are indeed often principled reasons to compromise, and that these reasons are in fact multiple. First, compromises evince respect for persons that (...) we have reason to think of as our epistemic peers, and acknowledgement of our own finitudes as moral reasoners. Second, compromises are often made morally necessary by the shortfalls that unavoidably separate democratic institutions from democratic ideals. Third, compromises express a desirable form of democratic community. And fourth, compromises are often justified from a consequentialist point of view, in that they allow for the realization of values that would not be realized as well by the failure to compromise. (shrink)

Moral functioning is a defining feature of human personhood and human social life. Moral Psychology provides an integrative and evaluative overview of the theoretical and empirical traditions that have attempted to make sense of moral cognition, prosocial behavior, and the development of virtuous character.This is the first book to integrate a comprehensive review of the psychological literatures with allied traditions in ethics. Moral rationality and decisionmaking; the development of the sense of fairness and justice, and of prosocial dispositions; as (...) well as the notion of moral self and moral identity and their relation to issues of character and virtue are fully discussed in the rich contexts provided by psychological and philosophical paradigms. Lapsley emphasizes parenting and educational strategies for influencing moral behavior, reasoning, and character development, and charts a line of research for the “post-Kohlbergian era” in moral psychology.This book will be an invaluable text for advanced courses in moral psychology, as taught in departments of psychology, education, and philosophy. It will also prove to be a standard reference work for researchers and ethicists alike. (shrink)

Little, Brown, 1992 Review by Glenn Branch on Jul 5th 1999 Volume: 3, Number: 27.

In the international bestseller, Thinking, Fast and Slow, Daniel Kahneman, the renowned psychologist and winner of the Nobel Prize in Economics, takes us on a groundbreaking tour of the mind and explains the two systems that drive the way we think. System 1 is fast, intuitive, and emotional; System 2 is slower, more deliberative, and more logical. The impact of overconfidence on corporate strategies, the difficulties of predicting what will make us happy in the future, the profound effect of (...) cognitive biases on everything from playing the stock market to planning our next vacation—each of these can be understood only by knowing how the two systems shape our judgments and decisions. -/- Engaging the reader in a lively conversation about how we think, Kahneman reveals where we can and cannot trust our intuitions and how we can tap into the benefits of slow thinking. He offers practical and enlightening insights into how choices are made in both our business and our personal lives—and how we can use different techniques to guard against the mental glitches that often get us into trouble. Winner of the National Academy of Sciences Best Book Award and the Los Angeles Times Book Prize and selected by The New York Times Book Review as one of the ten best books of 2011, Thinking, Fast and Slow is destined to be a classic. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Happiness in Premodern Judaism: Virtue, Knowledge, and Well-BeingDaniel H. FrankHava Tirosh-Samuelson. Happiness in Premodern Judaism: Virtue, Knowledge, and Well-Being. Cincinnati: Hebrew Union College Press, 2003. Pp. xi + 596. Cloth, $50.00.Franz Rosenzweig tried hard to convince the neoKantian Hermann Cohen of the merits of Zionism and the normalization it would bring to Jews and Jewish life. His attempt met with this response from Cohen: "Oho! So the gang (...) now wants to be happy, does it?" For those ignorant of the history of Jewish philosophy, one might imagine that Jewish philosophers, no less than their non-philosophical kinsmen, were so weighed down by the burdens of history and persecution that happiness could play no role in their theorizing. But happiness plays a key role in the history of Jewish moral and political philosophy, especially in the premodern period. Even Spinoza, the last of the medievals and the first of the moderns, the great critic of the rabbinic tradition and of Maimonides in particular, is concerned in his Ethics with identifying those activities that together constitute human well-being and the good life. Only lately, since the Enlightenment and Kant, has non-eudaimonism been a live option for Jewish thinkers. Only with the rise of (modern) Orthodoxy, and its predilection for construing goodness as rectitude and rule-following, has eudaimonism fallen out of favor. But with Tirosh-Samuelson's weighty volume on happiness in premodern Judaism, there can be no excuse in the future to imagine that all Jews are, or must be, closet Kantians, strict deontologists. To think otherwise seems to come close to taking on the classical (anti-Semitic) dichotomy of legalistic Judaism vs. spiritual Christianity. In it own way, Happiness in Premodern Judaism is a critique of such a one-sided, monochromatic view of Judaism, whether from the Christian or even from the Jewish side.Tirosh-Samuelson writes explicitly as an intellectual historian, rather than as a philosopher. She understands herself and her project as one that presents just the facts, without evaluating them. While one may cavil at a lost opportunity, in the present case this would be churlish, given the enormous erudition on display. After an introductory chapter outlining the foundational moral theories of Plato, Aristotle, and the Hellenistic philosophers, the text presents the (Greek-inspired) areteic wisdom literature of the Second Temple period, the teleological theocentrism of the rabbis, the Greco-Arabic Islamicate culture that nurtured Jewish philosophers from Saadia in the tenth century to Maimonides in the twelfth, the rabbinic and kabbalistic critiques of the philosophical ideal of happiness commencing [End Page 338] with the translation (into Hebrew) of Maimonides' Guide of the Perplexed at the beginning of the thirteenth century, and finally, very important and the focus of much recent scholarly work, the transformation of Jewish eudaimonism through direct contact with Christian Scholasticism and later with the humanist Renaissance. All in all, a millennium and a half of Jewish intellectual history is presented in a sober and scholarly way.Not surprisingly Maimonides plays a pivotal role in the story that Tirosh-Samuelson relates. A Janus-like figure, he represents the culmination and height of accommodation with Greek and Greco-Arabic philosophical culture. However, with the gradual worsening of the socio-economic condition of European Jewry in the thirteenth century, his accommodationism seemed traitorous, and as a result generations of thinkers, mystics and philosophers alike, strove to critically distance themselves from Maimonidean Aristotelianism. Tirosh-Samuelson is admirably clear in pointing out that such anti-Maimonidean tendencies are ill-characterized as anti-philosophical. Hasdai Crescas in the late-fourteenth and early-fifteenth centuries launched a massive critique of Maimonides' physics, metaphysics, and moral philosophy, but did so in as rigorous a manner as any philosopher would. The picture that enfolds over the course of the text is one of vigorous dialectic between partisans of 'alien' (Greek) wisdom and those who viewed such wisdom with considerable suspicion. Such a dialectic parallels, not surprisingly, developments in Christian philosophy.The trajectory of the story of premodern Jewish musings on happiness is from the centrality of reason and intellect, and the contemplative activity that is reason's preeminent actuality, to the primacy... (shrink)

In this thesis I defend optimism about philosophical progress, which is a form of anti-exceptionalism about philosophy. Pessimists maintain that philosophy lacks the distinctive features that make science progressive. Optimism maintains that philosophy is like science, in this respect. My argumentative strategy is the following. I review the literature on philosophical progress to identify the feature that, according to pessimists, philosophy lacks. Then, I develop a historical case study to show that philosophy has these features. The goal is showing (...) that philosophy makes progress by pessimistic standards. My strategy is novel because other optimists, including Stoljar and Dellsén, Firing, and Norton, focus on arguing that a certain set of conditions are sufficient for progress, contrary to what pessimists hold. I focus instead on arguing that, contrary to what pessimists hold, philosophy makes progress by their standards. The most common pessimistic argument is the following: first, pessimists argue that consensus is a necessary condition for progress, second, they argue that philosophy is pervaded by disagreement. It follows that philosophy is exceptional. Beebee, Chalmers, Dietrich, Goldberg, and Kornblith employ various versions of this reasoning. Optimistic responses to this argument typically grant the second premise and challenge the first. Instead, I follow Williamson in granting the first premise and challenging the second. My case study focuses on the work of Gottlob Frege, who is widely regarded as one of the founding fathers of analytic philosophy. I argue that there is consensus in contemporary philosophy about some of the views that Frege set forth. In fact, Frege’s case meets not only the pessimistic requirements for progress, Frege also produced all the epistemic goods that are associated to progress by participants in the more general debate about scientific progress. To show this, I review the literature about scientific progress, following Rowbottom’s analysis. Then I analyse various aspects of Frege’s work to show that it meets all the known conditions of progress. Thus, no matter what view about progress is correct, Frege made progress. Having argued that Frege made progress, I generalize my argument by considering three other authors that arguably made progress in the past. Moreover, I consider contemporary debates in contemporary philosophy to argue that philosophy continues to make progress to this day. Finally, I review some of the barriers to progress that seem indeed to be holding back philosophy, and other disciplines. Philosophy made progress in the past and continues to make progress to this day. But not all is good. Having ruled out pessimism about philosophical progress, we are in a better position to see how philosophy, and other disciplines, could be improved. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Willing and Nothingness: Schopenhauer as Nietzsche's EducatorDaniel SchumanChristopher Janaway, Editor. Willing and Nothingness: Schopenhauer as Nietzsche's Educator. New York: Oxford University Press, 1999. Pp. 293. Cloth, $65.00.Considering how many English language studies of Nietzsche's thought exist, it is quite remarkable that more has not been written on the question of the influence that Arthur Schopenhauer, his self-described "educator," had on his philosophy. The essays in this important volume (...) go a long way toward filling this vacancy in Nietzsche (and Schopenhauer) scholarship. Christopher Janaway has assembled an impressive group of articles that, taken together, effectively reveal the complexity and depth of Nietzsche's Schopenhauerian inheritance. This collection is both focused and comprehensive. These essays deal with almost all of the major points of agreement and contention between these two philosophers without exaggerating the influence of Schopenhauer on Nietzsche.In his introduction and contributing essay, Janaway highlights some of the general ways in which Schopenhauer exerted an influence on Nietzsche throughout his philosophical development. Janaway argues that despite Nietzsche's steadfast rejection of Schopenhauer's metaphysics there are important ways in which he remained indebted to his mentor even in his later works. For instance, though Schopenhauer embraces the mystical ideal of freeing the intellect from the will, it is his view that in the phenomenal realm the intellect is essentially an instrument of the will. According to Janaway, this claim that the intellect must be "rooted in a living, striving entity" had a profound [End Page 133] influence on Nietzsche's later thought, especially on his 'perspectivism' (35). The second essay in this volume, contributed by Maudemarie Clark, makes the similar claim that Nietzsche's ideas regarding truth and knowledge are grounded in the naturalistic conception of intellect he inherited from Schopenhauer. Clark claims Schopenhauer's philosophy, once divested of its more extreme metaphysical aspects, can be understood as a form of empiricism in which all knowing is "rooted in affect" (74). This is an idea that Clark also takes to be at the heart of Nietzsche's perspectivism.Other essays deal with two issues that were of primary importance to both Schopenhauer and Nietzsche: aesthetics and morality. Ivan Soll compares their respective aesthetic theories and argues that their views regarding the significance of art are not as dissimilar as Nietzsche himself claimed. They both see art "through the lens of life" and as a way of responding to the suffering that characterizes human existence. However, whereas Schopenhauer sees art as a means of denying the will to life, Nietzsche sees it as means of affirming life in the face of suffering. Like Soll, David Cartwright argues that Nietzsche embraces Schopenhauer's stance on the pervasiveness of suffering in human life. From this standpoint he examines both Nietzsche's criticisms and appropriation of certain elements of Schopenhauer's moral philosophy. Cartwright cleverly argues that Nietzsche's scathing critique of Schopenhauer's asceticism and morality of Mitleid actuallyrelies upon Schopenhauer's methodology and incorporates elements of his pessimism.Pessimism is dealt with in more detail in the essays by Kathleen Higgins and David Berman. Higgins claims that Schopenhauer's and Nietzsche's basic conceptions of will are actually quite similar. Both philosophers understand and interpret life in fundamentally voluntaristic terms. However, the two philosophers part ways when it comes to how will is characterized. Schopenhauer's pessimism and Nietzsche's relative optimism, Higgins claims, spring more from a difference in the temperament of the two thinkers, rather than a difference in their conceptions of will. In his essay, David Berman reinforces Higgins' view that Schopenhauer and Nietzsche share the same basic understanding of will even though their evaluations of it differ. However, Berman claims that Nietzsche came to see Schopenhauer as a closet epistemological optimist whose purported pessimism was "being used to protect and insulate him from the world's pain" (190). It is Berman's view that Nietzsche's self-proclaimed recognition of Schopenhauer's pessimism as a kind of "self-deceived" optimism actually cleared the way for Nietzsche to develop his philosophy of power and life affirmation. Whereas Schopenhauer retreats into the false comfort of resignation and denial, Nietzsche's... (shrink)

How does Descartes justify his claim that conceiving of a mind as a thinking thing and a body as an extended thing show that mind and body are distinct substances? The paper attempts to answer that question by following a clue Descartes gave Arnauld that virtually everything in Meditations Three through Five is germane to the real distinction between mind and body. The paper develops the distinction between material truth and formal truth from Descartes’s discussions of falsity in Meditation Three. (...) In Meditation Three, clear and distinct ideas are materially true. They are consistent. They represent the possibility that there is something that corresponds to the idea (de dicto possibility). God is not a deceiver. Since it is psychologically impossible to doubt a clear and distinct idea, Descartes concludes Meditation Four by arguing that clear and distinct ideas are formally true (representative). Clear and distinct ideas represent true and immutable natures (essences). It is in virtue of true and immutable natures that it is possible that there are things of determinate kinds. Hence, in Meditation Five, clear and distinct ideas represent de re possibilities. Since the mind/body distinction is a distinction between true and immutable natures, Descartes takes clearly and distinctly conceiving a thinking thing as distinct from an extended thing to be sufficient for claiming a real distinction between mind and body. (shrink)

Considers that intuitive predictions follow a judgmental heuristic-representativeness. By this heuristic, people predict the outcome that appears most representative of the evidence. Consequently, intuitive predictions are insensitive to the reliability of the evidence or to the prior probability of the outcome, in violation of the logic of statistical prediction. The hypothesis that people predict by representativeness was supported in a series of studies with both naive and sophisticated university students. The ranking of outcomes by likelihood coincided with the ranking by (...) representativeness, and Ss erroneously predicted rare events and extreme values if these happened to be representative. The experience of unjustified confidence in predictions and the prevalence of fallacious intuitions concerning statistical regression are traced to the representativeness heuristic. (shrink)

Christian Miller's book makes extensive use of the data on human behavior and motivation from psychological studies in the last 50-60 years and applies that information to the analysis of character. The book begins with helping behavior and the analysis is then generalized to other character traits. Miller argues that an analysis of human character as having Mixed Character Traits is superior to the analysis of character using the traditional virtues. The review highlights the great value of combining the (...) research into one place for the purposes of ethics and Miller's initial analysis of the data on helping. But the review questions the usefulness of Mixed Character Traits as a descriptor of human character and its value as a heuristic device in ethics. (shrink)

The increasing use of digital technologies in judicial and arbitration proceedings increases the usage of digital evidence by the parties, which brings the necessity of creating patterns for adjudicators to admit and assess this new type of evidence. This paper generally addresses digital evidence focusing on the second moment in international arbitration proceedings. It also narrows the topic to hacked and leaked evidence and its admissibility in international arbitration. The literature review showed a significant amount of research devoted to (...) the evidence in arbitration. Some considered electronic evidence within one jurisdiction; others focused on certain forms of digital evidence such as electronic signatures. Papers on digital evidence in international arbitration approach arbitration rules for digital evidence but skip admissibility issues. No systemic and complex works research digital evidence in arbitration, explicitly focusing on the admissibility of hacked and leaked digital evidence from a comparative perspective. Also, no research deals with enforcing international arbitration awards relying on illegally obtained digital evidence. In these cases, there could be a possible violation of domestic public policy under the New York Convention terms (art. V, 2, b). That is why the paper aims to offer the concept of digital evidence in international arbitration, including hacked and leaked evidence, criteria of its admissibility and relevance, and design the arbitration guidelines for assessing hacked and leaked evidence. Comparative legal analysis of the international arbitration rules and national procedure law allowed us to compare the regulatory approaches to the definition of digital evidence and its admissibility worldwide. The method of legal modeling allowed designing model guidelines for arbitral tribunals to evaluate the admissibility and relevance of digital evidence, including hacked and leaked evidence. Moreover, the case study method allowed us to analyze jurisprudence and define criteria for admission of hacked and leaked evidence. We conclude that the admissibility of hacked and leaked evidence depends solely on the arbitrator’s broad discretion to assess the evidence. Nevertheless, thorough evidence analysis and a well-reasoned award are always mandatory. (shrink)

This chapter reviews four elements of David Lewis's account of materialism and experience. These elements include: materialism for which Lewis gave a distinctive and well‐known characterization; an account of what experience is; an account of the source of the tension between experience and materialism; and a strategy for resolving the tension. Lewis did not just give a distinctive and well‐known characterization of materialism, he gave two: one in terms of fundamental properties, and one in terms of supervenience. The chapter considers (...) two recent objections to that account. The first argues that knowledge‐how is a certain kind of knowledge‐that and in consequence Lewis's well‐known “ability hypothesis” fails. The second argues that if Lewis's contextualist approach to epistemology is correct, his rejection of the identification thesis is impossible. The author suggests that Lewis has the resources to answer both objections, but he ends by stating the real problems for Lewis's lie. (shrink)

Privacy and surveillance scholars increasingly worry that data collectors can use the information they gather about our behaviors, preferences, interests, incomes, and so on to manipulate us. Yet what it means, exactly, to manipulate someone, and how we might systematically distinguish cases of manipulation from other forms of influence—such as persuasion and coercion—has not been thoroughly enough explored in light of the unprecedented capacities that information technologies and digital media enable. In this paper, we develop a definition of manipulation that (...) addresses these enhanced capacities, investigate how information technologies facilitate manipulative practices, and describe the harms—to individuals and to social institutions—that flow from such practices. -/- We use the term “online manipulation” to highlight the particular class of manipulative practices enabled by a broad range of information technologies. We argue that at its core, manipulation is hidden influence—the covert subversion of another person’s decision-making power. We argue that information technology, for a number of reasons, makes engaging in manipulative practices significantly easier, and it makes the effects of such practices potentially more deeply debilitating. And we argue that by subverting another person’s decision-making power, manipulation undermines his or her autonomy. Given that respect for individual autonomy is a bedrock principle of liberal democracy, the threat of online manipulation is a cause for grave concern. (shrink)