The evolution of the understanding of evidence-based proof and decision processes in the law, especially criminal law, and standards of proof in this area, has a long-standing and controversial history. Competing accounts cause the legal scholarship to engage in critical and thoughtful exchanges. Some of the divergent views reflect different methodological perspectives similarly recognized in other fields, such as applied psychology and economy, and the broader interdisciplinary research fields of judgment and decision-making, system analysis and decision science. One such methodological (...) perspective asserts that accounts of juridical proof should provide a description and explanation of how the legal system actually works as a whole. Other—more mathematical and analytical accounts—concentrate on how, ideally, legal decision-making under uncertainty ought to be made in order be considered sensible. This paper focuses on the relative plausibility account advocated by Professors Allen and Pardo as an example of the former perspective. Its logical structure and argumentative implications are analysed using elements of decision theory, which is the prime representative of the latter, more mathematical approach to legal proof. Using formal diagrammatic schemes to depict the structural relationships between the core elements of the two accounts, it is demonstrated in what sense they can be considered logically related and congruent. The demonstration shows that the principal disagreements among the proponents of the two examined theories derive from differences in the criteria used to judge the adequacy of competing accounts of legal decision-making, and the level of formalization of the bases of decisions in each candidate account. This structural analysis supports the view that adherence to one or the other of the examined perspectives does not imply a contradiction, but reflects the coverage of different aspects of the same overall decision architecture. Using decision-theoretic notions, our analyses also provide a way to explain RP decisions through an explicit criterion, thus providing a reply to the recurrent critique that RP theory lacks specific means to justify its decisional framework. (shrink)

The forensic two-trace problem is a perplexing inference problem introduced by Evett (J Forensic Sci Soc 27:375–381, 1987). Different possible ways of wording the competing pair of propositions (i.e., one proposition advanced by the prosecution and one proposition advanced by the defence) led to different quantifications of the value of the evidence (Meester and Sjerps in Biometrics 59:727–732, 2003). Here, we re-examine this scenario with the aim of clarifying the interrelationships that exist between the different solutions, and in this way, (...) produce a global vision of the problem. We propose to investigate the different expressions for evaluating the value of the evidence by using a graphical approach, i.e. Bayesian networks, to model the rationale behind each of the proposed solutions and the assumptions made on the unknown parameters in this problem. (shrink)

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This is volume One of texts (from sanskrit and Tibetan sources) of the two planned volumes on Buddhist Ligic (the second volume to be on topics and opponents).

This essay surveys the varieties of disjunctivism about perceptual experience. Disjunctivism comes in two main flavours, metaphysical and epistemological.

When A utters a declarative sentence in a context to B, typically A can mean a proposition by the sentence, the sentence in context literally expresses a proposition, there are propositions A and B can agree the sentence literally expressed, and B can acquire knowledge from this testimonial exchange. In recent work on linguistic communication, each of these four platitudes has been challenged, and on the same basis: viz. on the ground that exactly which proposition the sentence expressed in context (...) is not discernible given the information provided by the context. I argue that, even if this is true, there will be propositional parts of the proposition expressed by the sentence in context which can be identified and that, consequently, the partial understanding afforded by the existence of such identifiable parts undermines the soundness of the arguments against the platitudes. (shrink)

Darwin in Argentina -- Conflicting Systems -- Francisco Javier Muniz (1795-1871) -- Hermann Burmeister (1807-1891) -- Francisco P. Moreno (1852-1919) -- Domingo F. Sarmiento (1811-1888) -- Eduardo Holmberg (1852-1937) -- Florentino Ameghino (1854-1911) -- Jose Ingenieros (1877-1925) -- Carlos Octavio Bunge (1875-1918).

It seems possible to see a star that no longer exists. Yet it also seems right to say that what no longer exists cannot be seen. We therefore face a puzzle, the traditional answer to which involves abandoning naïve realism in favour of a sense datum view. In this article, however, I offer a novel exploration of the puzzle within a naïve realist framework. As will emerge, the best option for naïve realists is to embrace an eternalist view of time, (...) and claim that in the relevant case, one sees a still existent star‐stage located somewhere in the distant past. (shrink)

This paper focuses on the normative analysis—in the sense of the classic decision-theoretic formulation—of decision problems that arise in connection with forensic expert reporting. We distinguish this analytical account from other common types of decision analyses, such as descriptive approaches. While decision theory is, since several decades, an extensively discussed topic in legal literature, its use in forensic science is more recent, and with an emphasis on goals such as the analysis of the logical structure of forensic expert conclusions regarding, (...) for example, propositions of common source of evidential and known materials. Typical examples are so-called identification decisions, especially categorical conclusions according to which fingermarks come from a particular a person of interest. We will present and compare ways of stating forensic identification decisions in decision-theoretic terms and explain their underlying rationale. In particular, we will emphasize the importance of viewing this analysis as normative in the sense of providing a reflective rather than a prescriptive reference point against which people in charge of forensic identification decisions may compare their otherwise intuitive and informal reasoning, before acting. Normative decision analysis in forensic science thus provides a vector through which current practice can be articulated, scrutinized and rethought. (shrink)

This fascinating and thought-provoking book provides much-needed philosophical background for counselors, therapists, and healthcare workers looking for broader, deeper foundations in the struggle to help and make sense of others. While examining the best among 20th century philosophy it shows the wealth of inspiration of earlier centuries, and demonstrates with remarkable clarity the way in which the ideas of, and the relations between, these philosophers can inspire, inform, and underpin much of counseling and psychotherapy.

Epistemologists typically assume that the acquisition of knowledge from testimony is not threatened at the stage at which audiences interpret what proposition a speaker has asserted. Attention is instead typically paid to the epistemic status of a belief formed on the basis of testimony that it is assumed has the same content as the speaker’s assertion. Andrew Peet has pioneered an account of how linguistic context sensitivity can threaten the assumption. His account locates the threat in contexts in which an (...) audience’s evidence under-determines which proposition a speaker is asserting. I argue that Peet’s epistemic uncertainty account of the threat is mistaken and I propose an alternative. The alternative locates the threat in contexts that provide factors that give audiences a mistaken psychological certainty or confidence that a speaker has asserted a proposition she has not. (shrink)

I defend Fricker’s virtue-theoretic proposals for grappling with epistemic injustice, arguing that her account is both empirically oriented and plausible. I agree with Fricker that an integral component of what we ought to do in the face of pervasive epistemic injustice is working to cultivate epistemic habits that aim to consistently neutralize the effects of such prejudices on their credibility estimates. But Fricker does not claim that her specific proposals constitute the only means through which individuals and institutions should combat (...) epistemic injustice. I therefore build on Fricker’s account by beginning to sketch a fuller picture of the structure of cultivating epistemic virtue. Virtue cultivation must, I argue, occur on two broad but interrelated fronts: first, the direct retraining of more automatic and unreflective patterns of thinking, feeling, and reacting to epistemic social reality, and second, the cultivation of more reflective, metacognitive virtues, such as the ability to swiftly identify contexts in which our first-order epistemic intuitions are likely astray. Although I articulate a range of individual-level obligations, my account is not individualistic. With Fricker, I argue that individual self-transformation is a necessary but not sufficient component of the struggle for epistemic justice. Accordingly, I sketch several ways in which individual virtue cultivation must be a socially and institutionally embedded process. Moreover, I argue that this process is ongoing. While most individuals cannot actually achieve such moral-epistemic ideals, many can (and therefore should try to) get much closer than they already are. (shrink)

Research suggests that interventions involving extensive training or counterconditioning can reduce implicit prejudice and stereotyping, and even susceptibility to stereotype threat. This research is widely cited as providing an “existence proof” that certain entrenched social attitudes are capable of change, but is summarily dismissed—by philosophers, psychologists, and activists alike—as lacking direct, practical import for the broader struggle against prejudice, discrimination, and inequality. Criticisms of these “debiasing” procedures fall into three categories: concerns about empirical efficacy, about practical feasibility, and about the (...) failure to appreciate the underlying structural-institutional nature of discrimination. I reply to these criticisms of debiasing, and argue that a comprehensive strategy for combating prejudice and discrimination should include a central role for training our biases away. (shrink)

The terminology surrounding the dispute between higher-order and first-order theories of consciousness is piled so high that it sometimes obscures the view. When the debris is cleared away, there is a real prospect.

You know what someone else is thinking and feeling by observing them. But how do you know what you are thinking and feeling? This is the problem of self-knowledge: Alex Byrne tries to solve it. The idea is that you know this not by taking a special kind of look at your own mind, but by an inference from a premise about your environment.

Can we trust our intuitive judgments of right and wrong? Are moral judgements objective? What reason do we have to do what is right and avoid doing what is wrong? In Conversations on Ethics, Alex Voorhoeve elicits answers to these questions from eleven outstanding philosophers and social scientists: -/- Ken Binmore; Philippa Foot; Harry Frankfurt; Allan Gibbard; Daniel Kahneman; Frances Kamm; Alasdair MacIntyre; T. M. Scanlon; Peter Singer; David Velleman; Bernard Williams. -/- The exchanges are direct, open, and sharp, (...) and give a clear account of these thinkers' core ideas about ethics. They also provide unique insights into their intellectual development - how they became interested in ethics, and how they conceived the ideas for which they became famous. Conversations on Ethics will engage anyone interested in moral philosophy. (shrink)

This article presents a semantic analysis of indirect speech reports. The analysis aims to explain a combination of two phenomena. First, there are true utterances of sentences of the form α said that φ which are used to report an utterance u of a sentence wherein φ's content is not u's content. This implies that in uttering a single sentence, one can say several things. Second, when the complements of these reports (and indeed, these reports themselves) are placed in conjunctions, (...) the conjunctions are typically infelicitous. I argue that this combination of phenomena can be explained if speech reports report (perhaps contingent) parts of the contents of the sentences reported. (shrink)

In what circumstances is it legitimate to use force? How should force be used? These are two of the most crucial questions confronting world politics today. The Just War tradition provides a set of criteria which political leaders and soldiers use to defend and rationalize war. This book explores the evolution of thinking about just wars and examines its role in shaping contemporary judgements about the use of force, from grand strategic issues of whether states have a right to pre-emptive (...) self-defence, to the minutiae of targeting. Bellamy maps the evolution of the Just War tradition, demonstrating how it arose from a myriad of sub-traditions, including scholasticism, the holy war tradition, chivalry, natural law, positive law, Erasmus and Kant's reformism, and realism from Machiavelli to Morgenthau. He then applies this tradition to a range of contemporary normative dilemmas related to terrorism, pre-emption, aerial bombardment and humanitarian intervention. (shrink)

What must linguistic knowledge be like if it is to explain our capacity to use language? All linguists and philosophers of language presuppose some answer to this critical question, but all too often the presupposition is tacit. In this collection of sixteen previously unpublished essays, a distinguished international line-up of philosophers and linguists address a variety of interconnected themes concerning our knowledge of language.

Treatment of sexual minority youth presents psychologists with a number of challenging ethical considerations. The APA Ethics Code is a valuable resource for addressing these issues, but psychologists require additional guidance in order to provide ethical treatment. This article provides relevant background, an overview of the ethical considerations of treating sexual minority youth, and recommendations to improve upon the current state of awareness and available resources. Psychologists must continually strive to improve our understanding of ethical decisions around treatment, training, and (...) research that will serve to address this vulnerable population's unmet mental health needs. (shrink)

Money isn’t everything, so what is? Many government leaders, social policy theorists, and members of the general public have a ready answer: happiness. This paper examines an opposing view due to Robert Nozick, which centres on his experience-machine thought experiment. Despite the example's influence among philosophers, the argument behind it is riddled with difficulties. Dropping the example allows us to re-version Nozick's argument in a way that makes it far more forceful - and less dependent on people's often divergent intutions (...) about the experience machine. [DOWNLOAD AVAILABLE at oro.open.ac.uk repository, link below]. (shrink)

Three arguments for the thesis that sex is socially constructed are examined and rejected. No such argument could succeed, because sex is not socially constructed.

There is a correlation between positions taken on some scientific questions and political leaning. One way to explain this correlation is the cultural cognition hypothesis (CCH): people's political leanings are causing them to process evidence to maintain fixed answers to the questions, rather than to seek the truth. Another way is the different background belief hypothesis (DBBH): people of different political leanings have different background beliefs which rationalize different positions on these scientific questions. In this article, I argue for two (...) things. I argue that two attempts by proponents of the CCH to discredit the DBBH fail. And I argue that this matters, because while the CCH makes epistemic paternalistic interventions seem called for (as some philosophers have argued compellingly), the DBBH does not. The DBBH makes it much easier to stay closer to an ideal of deliberative democracy. (shrink)

This paper is concerned with the paradox of decrease. Its aim is to defend the answer to this puzzle that was propounded by its originator, namely, the Stoic philosopher Chrysippus. The main trouble with this answer to the paradox is that it has the seemingly problematic implication that a material thing could perish due merely to extrinsic change. It follows that in order to defend Chrysippus’ answer to the paradox, one has to explain how it could be that Theon is (...) destroyed by the amputation without changing intrinsically. In this paper, I shall answer this challenge by appealing to the broadly Aristotelian idea that at least some of the proper parts of a material substance are ontologically dependent on that substance. I will also appeal to this idea in order to offer a new solution to the structurally similar paradox of increase. In this way, we will end up with a unified solution to two structurally similar paradoxes. (shrink)

The evolution of the equation of mass conservation in fluid mechanics is studied. Following early hydraulic approximations, and progress by Daniel and Johann Bernoulli, its first expression as a partial differential equation was achieved by d’Alembert, and soon given definitive form by Euler. Later reworkings by Lagrange, Laplace, Poisson and others advanced the subject, but all based their derivations on the conserved mass of a moving fluid particle. Later, Duhamel and Thomson gave a simpler derivation, by considering mass flow into (...) and out of a fixed portion of space. The later propagation of these derivations in nineteenth-century British textbooks and treatises is also examined, including Maxwell’s on the kinetic theory of gases. (shrink)

Most contemporary philosophical discussions of intentionality start and end with a treatment of the propositional attitudes. In fact, many theorists hold that all attitudes are propositional attitudes. Our folk-psychological ascriptions suggest, however, that there are non-propositional attitudes: I like Sally, my brother fears snakes, everyone loves my grandmother, and Rush Limbaugh hates Obama. I argue that things are as they appear: there are non-propositional attitudes. More specifically, I argue that there are attitudes that relate individuals to non-propositional objects and do (...) so not in virtue of relating them to propositions. I reach this conclusion by not only showing that attempted analyses of apparently non-propositional attitudes in terms of the propositional fail, but that some non-propositional attitudes don’t even supervene on propositional attitudes. If this is correct, then the common discussions of intentionality that address only propositional attitudes are incomplete and those who hold that all intentional states are propositional are mistaken. (shrink)

Context-sensitive expressions appear ill suited to the purpose of sharing content across contexts. Yet we regularly use them to that end (in regulations, textbooks, memos, guidelines, laws, minutes, etc.). This paper describes the utility of the concept of a metacontext for understanding cross-contextual content-sharing with context-sensitive expressions. A metacontext is the context of a group of contexts: an infrastructure that can channel non-linguistic incentives on content ascription so as to homogenize the content ascribed to context-sensitive expressions in each context in (...) the group. Documents composed of context-sensitive expressions can share content across contexts when supported by an appropriate metacontext. The bible has its church, the textbook its education system, the form its bureaucracy, and the manifesto its social movement. Some metacontexts support cross-contextual content-sharing. Some don’t. A promising research programme (one with practical importance) would take metacontexts as its unit of analysis. (shrink)

This paper examines distinctive discourse properties of preposed negative 'yes/no' questions (NPQs), such as 'Isn’t Jane coming too?'. Unlike with other 'yes/no' questions, using an NPQ '∼p?' invariably conveys a bias toward a particular answer, where the polarity of the bias is opposite of the polarity of the question: using the negative question '∼p?' invariably expresses that the speaker previously expected the positive answer p to be correct. A prominent approach—what I call the context-management approach, developed most extensively by Romero (...) and Han (2004)—attempts to capture speaker expectation biases by treating NPQs fundamentally as epistemic questions about the proper discourse status of a proposition. I raise challenges for existing context-managing accounts to provide more adequate formalizations of the posited context-managing content, its implementation in the compositional semantics and discourse dynamics, and its role in generating the observed biases. New data regarding discourse differences between NPQs and associated epistemic modal questions are introduced. I argue that we can capture the roles of NPQs in expressing speakers’ states of mind and managing the discourse common ground without positing special context-managing operators or treating NPQs as questions directly about the context. I suggest that we treat the operator introduced with preposed negation as having an ordinary semantics of epistemic necessity, though lexically associated with a general kind of endorsing use observed with modal expressions. The expressive and context-managing roles of NPQs are explained in terms of a general kind of discourse-oriented use of context-sensitive language. The distinctive expectation biases and discourse properties observed with NPQs are derived from the proposed semantics and a general principle of Discourse Relevance. (shrink)

Perceptual experiences justify beliefs—that much seems obvious. As Brewer puts it, “sense experiential states provide reasons for empirical beliefs” (this volume, xx). In Mind and World McDowell argues that we can get from this apparent platitude to the controversial claim that perceptual experiences have conceptual content: [W]e can coherently credit experiences with rational relations to judgement and belief, but only if we take it that spontaneity is already implicated in receptivity; that is, only if we take it that experiences have (...) conceptual content. (1994, 162) Brewer agrees. Their view is sometimes called conceptualism; nonconceptualism is the rival position, that experiences have nonconceptual content. One initial obstacle is understanding what the issue is. What is conceptual content, and how is it different from nonconceptual content? Section 1 of this paper explains two versions of each of the rival positions: state (non)conceptualism and content (non)conceptualism; the latter pair is the locus of the relevant dispute. Two prominent arguments for content nonconceptualism—the richness argument and the continuity argument—both fail (section 2). McDowell’s and Brewer’s epistemological defenses of content conceptualism are also faulty (section 3). Section 4 gives a more simple-minded case for conceptualism; finally, some reasons are given for rejecting the claim—on one natural interpretation—that experiences justify beliefs. (shrink)

Das Cognitive Enhancement, die Steigerung der geistigen Leistungsfähigkeit gesunder Menschen durch Psychopharmaka und andere Interventionen, ist in jüngster Zeit verstärkt in den Fokus sowohl der Ethik als auch der breiteren Öffentlichkeit geraten. In kontrafaktischer Abstrahierung vom gegenwärtig noch sehr bescheidenen Stand der Technik wird dabei unter anderem erörtert, was grundsätzlich für und was gegen den Einsatz von markant wirksamem Cognitive Enhancement sprechen würde. Der vorliegende Beitrag gibt einen Überblick über die einschlägige Diskussion. Zunächst wird der recht uneinheitlich verwendete Begriff des (...) Cognitive Enhancement näher bestimmt; danach folgt eine systematische Übersicht über die verschiedenen Pro- und Kontra-Argumente. Besprochen werden Per-se-Bewertungen des Cognitive Enhancement, etwaige Folgen für die „verbesserten“ Individuen selbst sowie die Konsequenzen, die ein großflächiger Einsatz von Cognitive Enhancement für die Gesellschaft als Ganzes zeitigen könnte. Ein besonderes Augenmerk wird auf die Frage gelegt, was für einen Einfluss der Einsatz von Cognitive Enhancement auf unser Menschenbild und auf andere Teile des epistemischen Fundaments unserer Kultur haben könnte. (shrink)

Philosophers of mind have distinguished (and sometimes conflated) various qualities. This article tries to sort things out.

Origens : Alex Atala, Fernando e Humberto Campana -- Presente : Fernando e Humberto Campana e Jum Nakao -- Intermezzo : convívio : Jam Nakao e colaboradores -- Destinos : Alex Atala e Jum Nakao -- Entrevistas -- Um pouco de história.

Should we understand implicit attitudes on the model of belief? I argue that implicit attitudes are (probably) members of a different psychological kind altogether, because they seem to be insensitive to the logical form of an agent’s thoughts and perceptions. A state is sensitive to logical form only if it is sensitive to the logical constituents of the content of other states (e.g., operators like negation and conditional). I explain sensitivity to logical form and argue that it is a necessary (...) condition for belief. I appeal to two areas of research that seem to show that implicit attitudes fail spectacularly to satisfy this condition—although persistent gaps in the empirical literature leave matters inconclusive. I sketch an alternative account, according to which implicit attitudes are sensitive merely to spatiotemporal relations in thought and perception, i.e., the spatial and temporal orders in which people think, see, or hear things. (shrink)

Using a combination of semantic theory and findings from conversation analysis, this paper describes a way in which questions, which incorporate presuppositions that are false, when used in a courtroom cross-examination wherein there are certain turn-taking rules, rights and restrictions, stop a rape victim from expressing the content that she wants to express in that context. This kind of silencing contrasts with other kinds of silencing that consist in the disabling of a speech act's force, rather than precluding the expression (...) of certain contents. -/- Content Note: there are explicit descriptions of sexual violence in this paper. (shrink)

This book investigates context-sensitivity in natural language by examining the meaning and use of a target class of theoretically recalcitrant expressions. These expressions-including epistemic vocabulary, normative and evaluative vocabulary, and vague language -exhibit systematic differences from paradigm context-sensitive expressions in their discourse dynamics and embedding properties. Many researchers have responded by rethinking the nature of linguistic meaning and communication. Drawing on general insights about the role of context in interpretation and collaborative action, Silk develops an improved contextualist theory of CR-expressions (...) within the classical truth-conditional paradigm: Discourse Contextualism. The aim of Discourse Contextualism is to derive the distinctive linguistic behavior of a CR-expression from a particular contextualist interpretation of an independently motivated formal semantics, along with general principles of interpretation and conversation. It is shown how in using CR-expressions, speakers can exploit their mutual grammatical and world knowledge, and general pragmatic reasoning skills, to coordinate their attitudes and negotiate about how the context should evolve. The book focuses primarily on developing a Discourse Contextualist semantics and pragmatics for epistemic modals. The Discourse Contextualist framework is also applied to other categories of epistemic vocabulary, normative and evaluative vocabulary, and vague adjectives. The similarities/differences among these expressions, and among context-sensitive expressions more generally, have been underexplored. The development of Discourse Contextualism in this book sheds light on general features of meaning and communication, and the variety of ways in which context affects and is affected by uses of language. Discourse Contextualism provides a fruitful framework for theorizing about various broader issues in philosophy, linguistics, and cognitive science. (shrink)

A Letter to the Editor about the origin of "gender identity" and deficiencies in its current definition.