This article explores the relationships between legal proof and fundamental epistemic concepts such as knowledge and justification. A survey of the legal literature reveals a confusing array of seemingly inconsistent proposals and presuppositions regarding these relationships. This article makes two contributions. First, it reconciles a number of apparent inconsistencies and tensions in accounts of the epistemology of legal proof. Second, it argues that there is a deeper connection between knowledge and legal proof than is typically argued for or presupposed in (...) the legal literature. This connection is illustrated through a discussion of the Gettier problem in epistemology. It is argued that the gap or disconnect between truth and justification that undermines knowledge in Gettier cases also potentially undermines the success of legal verdicts. (shrink)

ABSTRACTThis article defends the importance of epistemic safety for legal evidence. Drawing on discussions of sensitivity and safety in epistemology, the article explores how similar considerations apply to legal proof. In the legal context, sensitivity concerns whether a factual finding would be made if it were false, and safety concerns how easily a factual finding could be false. The article critiques recent claims about the importance of sensitivity for the law of evidence. In particular, this critique argues that sensitivity does (...) not have much of an effect on the value of legal evidence and that it fails to explain legal doctrine. By contrast, safety affects the quality of legal evidence, and safety better explains central features of the law of evidence, including probative value, admissibility rules, and standards of proof. (shrink)

Legal scholarship exploring the nature of evidence and the process of juridical proof has had a complex relationship with formal modeling. As evident in so many fields of knowledge, algorithmic approaches to evidence have the theoretical potential to increase the accuracy of fact finding, a tremendously important goal of the legal system. The hope that knowledge could be formalized within the evidentiary realm generated a spate of articles attempting to put probability theory to this purpose. This literature was both insightful (...) and frustrating. Much light was shed on the legal system, but it also quickly became evident that the tools of probability theory were in many ways ill-constructed for the task. Fundamental incompatibilities between the structure of legal decision making and the extant formal tools were identified, and it became evident that many of the purported explanations of legal phenomena were internally inconsistent. As a consequence, interest in this type of formal modeling declined, and attention was directed toward different kinds of explanations of the phenomena. Perhaps under the influence of a recent trend toward various types of formal modeling in legal scholarship, a recent burst of articles, rather than attempting to explain the macro structure of trials, which was the previous object of interest, attempts to quantify the probative value of various items of evidence in ways consistent with the formal features of various probability theories, and then to study decision making from that perspective. For example, the value of evidence is often purported to be its likelihood ratio, that is, the probability of discovering or receiving the evidence given a hypothesis (e.g., the defendant did it) divided by the probability of discovering or receiving the evidence given the negation of the hypothesis (the defendant didn't do it). Alternatively, the value of evidence is purported (more contextually) to be the information gain it provides, defined as the increase in probability it provides for a hypothesis above the probability of the hypothesis based on the other available evidence. Both conceptions then assume that all of the various probability assessments conform or ought to conform to the dictates of Bayes' theorem (that maintains consistency among such assessments); empirical studies are then done testing the extent to which this is so and proposing how the law can increase the probability that it is so. The general criticisms of using Bayes' theorem as a formal model of juridical proof are well known and were integral to the last wave of interest in formal modeling of the evidentiary process. This paper thus for the most part puts aside that more general issue, and focuses specifically on mathematical modeling of the value of particular items of evidence. The paper demonstrates that formal modeling has only limited value in explaining the value of legal evidence, much more limited than those constructing and discussing the models assume, and thus that the conclusions they draw about the value of evidence are unwarranted. This is done through a discussion of four recent examples that attempt to quantify evidence relating to, respectively, carpet fibers, infidelity, DNA random-match evidence, and character evidence used to impeach a witness. This article thus makes two contributions. First, and most importantly, it is another demonstration of the complex relationship between algorithmic tools and legal decision making. Second, at a minimum it points out serious pitfalls for analytical or empirical studies of juridical proof. (shrink)

This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

Philosophical Issues, Volume 31, Issue 1, Page 280-298, October 2021.

Proposed lie-detection technology based on neuroscience poses significant challenges for the law. The law must respond to the science with an adequate understanding of such evidence, its significance, and its limitations. This paper makes three contributions toward those ends. First, it provides an account of the preliminary neuroscience research underlying this proposed evidence. Second, it discusses the nature and significance of such evidence, how such evidence would fit with legal practices and concepts, and its potential admissibility. Finally, it analyzes the (...) constitutional protections that may limit the compelled production of such evidence. (shrink)

Stephen Morse’s illuminating scholarship on law and neuroscience relies on a “folk psychological” account of human behavior in order to defend the law’s foundations for ascribing legal responsibility. The heart of Morse’s account is the notion of “mental state causation,” in which mental states cause behavior. Morse argues that causation of this sort is necessary to support legal responsibility. We challenge this claim. First, we discuss problems with the conception of mental causation on which Morse appears to rely. Second, we (...) present an alternative account to explain the link between mental states, reasons, and actions. We argue that the alternative account avoids the conceptual problems that arise for Morse’s conception of mental causation and that it also undergirds ascriptions of legal responsibility. If the alternative succeeds, then Morse’s conception of “mental state causation” is not necessary to support legal responsibility. (shrink)

This paper discusses Ronald Allen’s article, Naturalized Epistemology and the Law of Evidence Revisited, and reflects on how epistemology can contribute to our understanding of the evidentiary proof process. I first situate Allen’s critique of recent philosophical scholarship, distinguishing between general theoretical accounts of proof (including the theory that Allen and I have defended), on one hand, and the applications of specific epistemological concepts or issues to law, on the other. I then present a methodological picture that diverges in some (...) respects from the one that emerges from Allen’s critique. In discussing this alternative methodological picture, I explain how epistemology can contribute to legal evidence and proof while avoiding the problems that Allen identifies. (shrink)

In “The Gettier Problem and Legal Proof,” I argue that epistemic conditions that undermine knowledge in Gettier-type cases also potentially undermine legal verdicts. For this reason, I argue, there is a deeper connection between knowledge and legal proof than is typically presupposed or argued for in the scholarly legal literature. To support these claims, I present several examples illustrating how conditions that render epistemically justified beliefs merely accidentally true (and thus disqualify them as cases of genuine knowledge) may also render (...) evidentially well-supported verdicts merely accidentally true for similar reasons. Such “Gettierized” verdicts, I contend, fail to realize the epistemic goal or aim of legal proof. Thus I conclude there, legal proof includes something like a knowledge requirement—in the sense that legal verdicts aim not only at truth and sufficient evidential support but also, as with knowledge, at an appropriate connection between their truth and justifying evidential support. (shrink)

Bringing together the latest work from leading scholars in this emerging and vibrant subfield of law, this book examines the philosophical issues that inform the intersection between law and neuroscience.

At the invitation of the Editors, we wrote an article (entitled, “Minds, Brains, and Norms”) detailing our views on a variety of claims by those arguing for the explanatory power of neuroscience in matters of law and ethics. The Editors invited comments on our article from four distinguished academics (Walter Glannon, Carl Craver, Sarah Robins, and Thomas Nadelhoffer) and invited our reply to their critique of our views. In this reply to our commentators, we correct some potential misunderstandings of our (...) views and further clarify our positions with discussions of the conceptual-empirical distinction, rule-following, explanations at the personal and subpersonal levels, memory, and lie detection. Although we acknowledge many of the criticisms advanced by our distinguished colleagues, we conclude that, in several important respects, their criticisms confirm the points made in our original article. (shrink)

At the University of Sheffield between 2011 and 2012, a leading group of philosophers, psychologists, and others gathered to explore the nature and significance of implicit bias. The two volumes of Implicit Bias and Philosophy emerge from these workshops. Each volume philosophically examines core areas of psychological research on implicit bias as well as the ramifications of implicit bias for core areas of philosophy. Volume II: Moral Responsibility, Structural Injustice, and Ethics is comprised of three parts. “Moral Responsibility for Implicit (...) Bias” contains chapters examining the relationship of implicit biases to concepts that are central to moral responsibility, including control, awareness, reasons-responsiveness, and alienation. The chapters in the second part—“Structural Injustice”—explore the connections between the implicit biases held by individuals and the structural injustices of the societies in which they are situated. And finally, the third part—“The Ethics of Implicit Bias: Theory and Practice”—contains chapters examining strategies for implicit attitude change, the ramifications of research on implicit bias for philosophers working in ethics, and suggestions for combating implicit biases in the fields of philosophy and law. (shrink)

The elephant in the room -- Crabs and octopuses -- The central intelligence of a frog -- The cerebral cortex and consciousness -- Social consciousness -- Yoda and Darth: how can we find -- Consciousness in the brain? -- The hard problem and other perspectives on consciousness -- Conscious machines -- Uploading minds -- How to build visual consciousness.

A recalcitrant emotion is one which conflicts with evaluative judgement. (A standard example is where someone is afraid of flying despite believing that it poses little or no danger.) The phenomenon of emotional recalcitrance raises an important problem for theories of emotion, namely to explain the sense in which recalcitrant emotions involve rational conflict. In this paper I argue that existing ‘neojudgementalist’ accounts of emotions fail to provide plausible explanations of the irrationality of recalcitrant emotions, and develop and defend my (...) own neojudgementalist account. On my view, recalcitrant emotions are irrational insofar as they incline the subject to accept an evaluative construal that the subject has already rejected. (shrink)

In this essay I defend the following prima facie argument: civic virtue is not dependent on integration and in fact may be best fostered under conditions of segregation. I demonstrate that civic virtue can and does take place under conditions of involuntary segregation, but that voluntary separation—as a response to segregation—is a more effective way to facilitate it. While segregation and disadvantage commonly coexist, spatial concentrations, particularly when there is a strong voluntary aspect present, often aid in fostering civic virtue. (...) Accordingly, so long as separation provides the conditions necessary for the promotion of civic virtue, integration is not an irreducible good. (shrink)

The traditional desire view of painfulness maintains that pain sensations are painful because the subject desires that they not be occurring. A significant criticism of this view is that it apparently succumbs to a version of the Euthyphro Dilemma: the desire view, it is argued, is committed to an implausible answer to the question of why pain sensations are painful. In this paper, I explain and defend a new desire view, and one which can avoid the Euthyphro Dilemma. This new (...) view maintains that painfulness is a property, not of pain sensations, but of a pain experience, understood as a relational state constituted by a pain sensation and a desire that the sensation not be occurring. (shrink)

Work was conducted among traditional, subsistence whale hunters in Lamalera, Indonesia, in order to test if strict biological kinship or lineage membership is more important for explaining the organization of cooperative hunting parties ranging in size from 8 to 14 men. Crew identifications were collected for all 853 hunts that occurred between May 3 and August 5, 1999. Lineage identity and genetic relatedness were determined for a sample of 189 hunters. Results of matrix regression show that genetic kinship explains little (...) of the hunters’ affiliations independent of lineage identity. Crew members are much more closely related to each other than expected by chance, but this is due to the correlation between lineage membership and genetic kinship. Lineage members are much more likely to affiliate in crews, but kin with r<0.5 are just as likely not to affiliate. The results are discussed vis-à-vis the evolution of cooperation and group identity. (shrink)

The perceptual model of emotions maintains that emotions involve, or are at least analogous to, perceptions of value. On this account, emotions purport to tell us about the evaluative realm, in much the same way that sensory perceptions inform us about the sensible world. An important development of this position, prominent in recent work by Peter Goldie amongst others, concerns the essential role that virtuous habits of attention play in enabling us to gain perceptual and evaluative knowledge. I think that (...) there are good reasons to be sceptical about this picture of virtue. In this essay I set out these reasons, and explain the consequences this scepticism has for our understanding of the relation between virtue, emotion, and attention. In particular, I argue that our primary capacity for recognizing value is in fact a non-emotional capacity. (shrink)

The perceptual model of emotions maintains that emotions involve, or are at least analogous to, perceptions of value. On this account, emotions purport to tell us about the evaluative realm, in much the same way that sensory perceptions inform us about the sensible world. An important development of this position, prominent in recent work by Peter Goldie amongst others, concerns the essential role that virtuous habits of attention play in enabling us to gain perceptual and evaluative knowledge. I think that (...) there are good reasons to be sceptical about this picture of virtue. In this essay I set out these reasons, and explain the consequences this scepticism has for our understanding of the relation between virtue, emotion, and attention. In particular, I argue that our primary capacity for recognizing value is in fact a non-emotional capacity. (shrink)

The emotions of guilt, shame, disappointment and grief, and the bodily states of pain and suffering, have something in common, at least phenomenologically: they are all unpleasant, they feel bad. But how might we explain what it is for some state to feel bad or unpleasant? What, in other words, is the nature of negative affect? In this paper I want to consider the prospects for evaluativist theories, which seek to explain unpleasantness by appeal to negative evaluations or appraisals. In (...) particular, I want to consider versions of evaluativism that seek to explain negative affect in terms of a kind of negative perceptual experience. These views thus attempt to explain feeling bad in terms of seeing bad. Now the most prominent evaluativist accounts of negative affect have been developed in the pain literature, and so my paper will primarily be focused on the question of whether evaluativism can provide a plausible account of the painfulness or unpleasantness of pain. I will argue that evaluativism faces serious objections on this score. Since my conclusions can be extended to cover negative affect more generally, however, we have good reason to reject evaluativist accounts of the negative affect involved in emotional experience. My arguments will thus have implications for those interested in the nature of emotional valence. I'll conclude with some brief remarks about the shape that a ‘relational’ account of painfulness in particular, and of negative affect in general, should take, in light of these criticisms of evaluativism. In my view, such views should appeal, not to negative evaluations to explain feeling bad, but to dislike. (shrink)

Emotions are important for virtue, both moral and intellectual. This chapter aims to explain the significance of emotion for intellectual virtue along two dimensions. The first claim is that epistemic emotions can motivate intellectual inquiry, and thereby constitute ways of 'being for' intellectual goods. As a result, such emotions can constitute the motivational components of intellectual virtue. The second claim is that other emotions, rather than motivating intellectual inquiry and questioning, instead play a vital role in the regulation and control (...) of intellectual activities. Emotions are usually characterized, in philosophy and psychology, as having a number of components or elements. Thus emotions are held to involve elements of perception, appraisal, feeling, attention, valence, facial expression, and motivation. (shrink)

Originally published: Oxford: Clarendon, 1997.

Message from the planet -- When prophecy fails -- Energy and empire -- Climate economics -- Ethical emissions -- Dwelling in the light -- Mobility and pilgrimage -- Faithful feasting -- Remembering in time.

This article surveys recent work on Vedānta, focusing on English-language secondary scholarship since the year 2000. The article consists of two parts. The first part (published previously) identified trends within recent scholarship, highlighting several promising areas of new research: the social history of Vedānta, Vedānta in the early modern period, vernacular Vedānta, Persian Vedānta, colonial and post-colonial Vedānta, and pedagogy and practice. It also covered edited volumes, special journal issues, and ongoing collaborative research projects. The second part (published here) provides (...) an overview of scholarship on specific schools of Vedānta (Advaita, Viśiṣṭādvaita, Dvaita, etc.), as well as a survey of philosophical, theological, and comparative studies. The article concludes with suggestions for further research. (shrink)

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.

The field of science and religion is undergoing a transition today requiring assessment of its past movements and identifying its future trajectories by the next generation of science and religion scholars. This essay provides such assessment and advice. To focus efforts on the past, I turn to Ian Barbour's own stock taking of the field some forty years ago in an essay entitled “Science and Religion Today” before giving some personal comments where I argue that much of the field has (...) traditionally focused on the conversation between Christianity and the natural sciences. At present, however, we are beginning to see that the future of the conversation lies beyond the dialogue between the natural sciences and Christianity. I suggest that the future dialogue will and ought to expand in several directions: into non-Christian religions and theology, into the human sciences, into science and technology Studies, and into the humanities more broadly. (shrink)

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine. The result is a powerful argument in favour of reforming the moral and legal understanding of how and why we attribute responsibility to agents.

This chapter focuses on the positive epistemic value that individual and group emotion can have. It explains how group emotion can help to bring about the highest epistemic good, namely group understanding. It is argues that this group good would be difficult to achieve, in very many cases, in the absence of group emotion. Even if group emotion sometimes—indeed often—leads us astray, we would be worse off, from the standpoint of achieving the highest epistemic good, without it. The chapter illustrates (...) the connection between group emotion and group understanding by focusing on the phenomenon of public inquiries. (shrink)

This article highlights that in our rush to call for the democratization of science and expertise we must not forget to speak to what type of democratization we are calling for. In short, not all participatory forms are the same. In developing this argument, I examine one such form that has yet to receive much attention from science and technology studies scholars: the agricultural field day. In examining the field day, we find that its orientation—that is, toward either the conventional (...) or sustainable model of agriculture—shapes significantly its democratic approach to knowledge coproduction. To help inform how we understand conventional and sustainable field days, I turned to two conceptual frameworks of participation: namely, that of Wynne and Funtowicz and Ravetz. In doing this, we find that conventional field days mirror closely that form of public participation detailed by Funtowicz and Ravetz, while sustainable field days reflect that conceptualized by Wynne. (shrink)

This is the first scholarly study of Atlas Shrugged, covering in detail the historical, literary, and philosophical aspects of Ayn Rand's magnum opus. Topics explored in depth include the history behind the novel's creation, publication, and reception; its nature as a romantic novel; and its presentation of a radical new philosophy.

The essays in this collection treat historical, literary, and philosophical topics related to Ayn Rand's Anthem, an anti-utopia fantasy set in the future. The first book-length study on Anthem, this collection covers subjects such as free will, political freedom, and the connection between freedom and individual thought and privacy.

Native peoples have often been portrayed as natural conservationists, living a “balanced” existence with nature. It is argued that this perspective is a result of an imprecise operational definition of conservation. Conservation is defined here in contrast to the predictions of foraging theory, which assumes that foragers will behave to maximize their short-term harvesting rate. A behavior is deemed conservation when a short-term cost is paid by the resource harvester in exchange for long-term benefits in the form of sustainable harvests. (...) An example of the usefulness of such an operational definition is presented using data on patch and prey choice decisions of a group of subsistence hunters, the Piro of Amazonian Peru. Results indicate that the area around the Piro village is depleted of prey, and that hunters allocate more time to patches where return rates are highest. This response is consistent with both a conservation strategy and foraging theory. Contrary to the expectation of the conservation strategy, however, hunters do not restrain from pursing opportunistically encountered prey in the depleted areas. The implications for conservation policy are briefly discussed. (shrink)

Ayn Rand's first novel, We the Living, offers an early form of the author's nascent philosophy—the philosophy Rand later called Objectivism. Robert Mayhew's collection of entirely new essays brings together pre-eminent scholars of Rand's writing. In part a history of We the Living, from its earliest drafts to the Italian film later based upon it, Mayhew's collection goes on to explore the enduring significance of Rand's first novel as a work both of philosophy and of literature.

The third edition of a work that defines the field of cognitive neuroscience, with extensive new material including new chapters and new contributors.

Advaita Vedānta is one of the best-known schools of Indian philosophy, but much of its history-a history closely interwoven with that of medieval and modern Hinduism-remains surprisingly unexplored. This book focuses on a single remarkable work and its place within that history: The Ocean of Inquiry, a vernacular compendium of Advaita Vedānta by the North Indian monk Niścaldās (ca. 1791 - 1863). Though not well known today, Niścaldās's work was once referred to by Vivekananda (himself a key figure in the (...) shaping of modern Hinduism) as the most influential book in India. The present book situates The Ocean of Inquiry as a representative of both a neglected genre (vernacular Vedānta) and a neglected period (ca. 17th-19th centuries) in the history of Indian philosophy. It argues that the rise of Advaita Vedānta to a position of prestige began well before the period of British rule in India, and that vernacular texts like The Ocean of Inquiry played an important role in popularizing Vedāntic teachings. It also offers a new appraisal of the period of late Advaita Vedānta, arguing that it should not be seen as one of barren scholasticism. For thinkers like Niścaldās, intellectual "inquiry" (vicāra) was not an academic exercise but a spiritual practice-indeed, it was the central practice on the path to liberation. The book concludes by arguing that without understanding both vernacular Vedānta and the scholasticism of the period, one cannot fully understand the emergence of modern Hinduism. (shrink)