This article offers an interpretation of lawyers’ reactions to verse judgments, being judicial decisions rendered in rhymed poetry form. While, in recent history, there has been an unexplained break in the close historical connection between poetry and law, some judges nevertheless continue to render their judicial decisions in verse. This has met strong criticism from fellow judges, inevitably, but also from lawyers. However, there is no evidence in academic writing of anyone attempting to explain why lawyers are having these reactions. (...) Endeavouring to fill that void, this research employs hermeneutics to offer an interpretation of lawyers’ reactions to verse judgments. The article analyses the varied opinions uncovered in five qualitative interviews with lawyers of different backgrounds, and contends that a movement of poetry back towards its utilitarian origins would see lawyers change their reaction to verse judgments, instead viewing them as an appropriate form of judicial expression. (shrink)

Consider someone whom you know to be an expert about some issue. She knows at least as much as you do and reasons impeccably. The issue is a straightforward case of statistical inference that raises no deep problems of epistemology. You happen to know the expert’s opinion on this issue. Should you defer to her by adopting her opinion as your own? An affirmative answer may appear mandatory. But this paper argues that a crucial factor in answering this question is (...) the description under which you identify the expert. Experts may be identified under various descriptions (e.g., “the expert appearing on Channel 7 at 5 pm”). Section 2 provides cases that illustrate how deference to a known expert may be appropriate under some descriptions, but not others. Section 3 proposes that, in these cases, the differentiating factor is self-identification: deference to an expert under a given description is appropriate when the expert self-identifies under that description. Section 4 presents a formal framework that demonstrates the sufficiency of self-identification for appropriate deference within a significant class of cases. Section 5 notes a way in which this phenomenon allows for a form of “agreeing to disagree” in Robert Aumann’s sense. Section 6 illustrates the practical application of these results to the case of testimonials. (shrink)

If the global economy seems unfair, how should we understand what a fair global economy would be? What ideas of fairness, if any, apply, and what significance do they have for policy and law? Working within the social contract tradition, this book argues that fairness is best seen as a kind of equity in practice.

While there are many issues to be raised in using lethal autonomous robotic weapons (beyond those of remotely operated drones), we argue that the most important question is: should the decision to take a human life be relinquished to a machine? This question is often overlooked in favor of technical questions of sensor capability, operational questions of chain of command, or legal questions of sovereign borders. We further argue that the answer must be ?no? and offer several reasons for banning (...) autonomous robots. (1) Such a robot treats a human as an object, instead of as a person with inherent dignity. (2) A machine can only mimic moral actions, it cannot be moral. (3) A machine run by a program has no human emotions, no feelings about the seriousness of killing a human. (4) Using such a robot would be a violation of military honor. We therefore conclude that the use of an autonomous robot in lethal operations should be banned. (shrink)

This discussion responds to important questions raised about my theory of fairness in the global economy by Christian Barry, Charles Beitz, A.J. Julius and Kristi Olson. I further elaborate how moral argument can be ‘internal’ to a social practice, how my proposed principles of fairness depend on international practice, how I can admit several relevant conceptions of ‘harm’ and why my account does not depend on a problematic conception of societal ‘endowments’.

New and distinctive approaches to five central topics in musical aesthetics are provided in this outstanding book. The topics are: understanding, representation, expression, performance and profundity.

This special issue on what some regard as a crisis of replicability in cognitive science (i.e. the observation that a worryingly large proportion of experimental results across a number of areas cannot be reliably replicated) is informed by three recent developments. -/- First, philosophers of mind and cognitive science rely increasingly on empirical research, mainly in the psychological sciences, to back up their claims. This trend has been noticeable since the 1960s (see Knobe, 2015). This development has allowed philosophers to (...) draw on a wider range of relevant resources, but it also makes them vulnerable to relying on claims that may not survive further scrutiny. If we have reasons to believe that a large proportion of findings in the psychological sciences cannot be reliably replicated, this would be a problem for philosophers who use such findings in their work. Second, philosophers are increasingly designing and carrying out their own experiments to back up claims, or to test claims earlier made from the armchair, for example, on the perceived permissibility of diverting trolleys or on the nature of free will. This growing field of experimental philosophy has diversified the intellectual field in philosophy, but may also be vulnerable to issues of replicability that philosophers did not face before. -/- Third, the recent evidence of apparently widespread non-replicability in the social sciences (and other fields) has forced philosophers of science to grapple with long standing questions from their field from a new perspective. To what extent does replicability matter for theory construction? How do the notions of replicability and scientific progress interact? How can normative insights from philosophy of science be used in order to improve scientific practice? -/- It is with these three developments in mind—the increasing importance of empirically-informed philosophy, of experimental philosophy, and of philosophy of science around replicability—that this special issue has been conceived. (shrink)

European Journal of Philosophy, EarlyView.

Porphyry, a native of Phoenicia educated in Athens and Rome during the third century AD, was one of the most important Platonic philosophers of his age. In this book, Professor Johnson rejects the prevailing modern approach to his thought, which has posited an early stage dominated by 'Oriental' superstition and irrationality followed by a second rationalizing or Hellenizing phase consequent upon his move west and exposure to Neoplatonism. Based on a careful treatment of all the relevant remains of Porphyry's originally (...) vast corpus, he argues for a complex unity of thought in terms of philosophical translation. The book explores this philosopher's critical engagement with the processes of Hellenism in late antiquity. It provides the first comprehensive examination of all the strands of Porphyry's thought that lie at the intersection of religion, theology, ethnicity and culture. (shrink)

It has long been known that scientists have a tendency to conduct experiments in a way that brings about the expected outcome. Here, we provide the first direct demonstration of this type of experimenter bias in experimental philosophy. Opposed to previously discovered types of experimenter bias mediated by face-to-face interactions between experimenters and participants, here we show that experimenters also have a tendency to create stimuli in a way that brings about expected outcomes. We randomly assigned undergraduate experimenters to receive (...) two different hypotheses about folk intuitions of consciousness, and then asked them to design experiments based on their hypothesis. Specifically, experimenters generated sentences ascribing intentional and phenomenal mental states to groups, which were later rated by online participants for naturalness. We found a significant interaction between experimenter hypothesis and participant ratings indicating a general tendency for experimenters to obtain the result that they expected. These results indicate that experimenter bias is a real problem in experimental philosophy since the methods and design employed here mirror the predominant survey methods of the field as a whole. The bearing of the current results on Knobe and Prinz’s :67–83, 2008) group mind hypothesis is discussed, and new methods for avoiding experimenter bias are proposed. (shrink)

Nietzsche claims that we are fated to be as we are. He also claims, however, that we can create ourselves. To many commentators these twin commitments have seemed self-contradictory or paradoxical. The argument of this paper, by contrast, is that, despite appearances, there is no paradox here, nor even a tension between Nietzsche's two claims. Instead, when properly interpreted these claims turn out to be intimately related to one another, so that our fatedness emerges as integral to our capacity to (...) become self-creators. The paper also offers, in the course of undermining a false alternative that is deeply entrenched in the philosophical tradition, a reading of Nietzsche's doctrine of amor fati that actually – and perhaps uniquely – makes full sense of section 276 of The Gay Science, the chief source for this aspect of his thought. (shrink)

This paper examines the fortunes of non-European philosophies in histories of philosophy written by European and American philosophers from the 17th century to the present day. It charts the shift from inclusive histories of philosophy, which included non-European philosophies, to exclusive histories of philosophy, which excluded and/or marginalized non-European philosophies, at the end of the 18th century. This shift was motivated by racial Eurocentrism, which cast a long shadow over histories of philosophy written during the 19th and 20th centuries. The (...) paper also considers recent attempts to produce a more inclusive history of philosophy. By examining the history of the inclusion and exclusion of non-European philosophies in histories of philosophy, this paper seeks to challenge the assumption that philosophy began and has been practised exclusively by European or western thinkers. (shrink)

This paper develops John Rawls’s famous objection to the system of natural liberty as against the contemporary system of international trade. Even as “dynamic” policies have proven successful in several recent development success stories, the current system enforces a “static,” laissez-faire system of comparative advantage that threatens to consign poorly-endowed countries to a low-productivity, low-income destiny in agriculture and raw materials. I discuss two very different fairness arguments in favor of allowing and encouraging “dynamic,” pro-development polices: an argument from “structural (...) equity” and an argument from “equity of fortune.” I suggest that the former is of more central importance, and that the difference between the two kinds of fairness argument shows why Rawls’s original objection to the system of natural liberty does not imply “luck egalitarianism.”. (shrink)

_ Source: _Page Count 21 This paper develops John Rawls’s famous objection to the system of natural liberty as against the contemporary system of international trade. Even as “dynamic” policies have proven successful in several recent development success stories, the current system enforces a “static,” laissez-faire system of comparative advantage that threatens to consign poorly-endowed countries to a low-productivity, low-income destiny in agriculture and raw materials. I discuss two very different fairness arguments in favor of allowing and encouraging “dynamic,” pro-development (...) polices: an argument from “structural equity” and an argument from “equity of fortune.” I suggest that the former is of more central importance, and that the difference between the two kinds of fairness argument shows why Rawls’s original objection to the system of natural liberty does not imply “luck egalitarianism.”. (shrink)

The oft-told story of Leibniz’s doctrine of the best world, or optimism, is that it enjoyed a great deal of popularity in the eighteenth century until the massive earthquake that struck Lisbon on 1 November 1755 destroyed its support. Despite its long history, this story is nothing more than a commentators’ fiction that has become accepted wisdom not through sheer weight of evidence but through sheer frequency of repetition. In this paper we shall examine the reception of Leibniz’s doctrine of (...) the best world in the eighteenth century in order to get a clearer understanding of what its fate really was. As we shall see, while Leibniz’s doctrine did win a good number of adherents in the 1720s and 1730s, especially in Germany, support for it had largely dried up by the mid-1740s; moreover, while opponents of Leibniz’s doctrine were few and far between in the 1710s and 1720s, they became increasing vocal in the 1730s and afterwards, between them producing an array of objections that served to make Leibnizian optimism both philosophically and theologically toxic years before the Lisbon earthquake struck. (shrink)

In 1682, Leibniz published an essay containing his solution to the classic problem of squaring the circle: the alternating converg-ing series that now bears his name. Yet his attempts to disseminate his quadrature results began seven years earlier and included four distinct approaches: the conventional (journal article), the grand (treatise), the impostrous (pseudepigraphia), and the extravagant (medals). This paper examines Leibniz’s various attempts to disseminate his series formula. By examining oft-ignored writings, as well as unpublished manuscripts, this paper answers the (...) question of how one of the greatest mathematicians sought to introduce his first great geometrical discovery to the world. (shrink)

Svirsky, Howard, and Berman address the U.S. Food and Drug Administration ’s oversight of tobacco products, the newest major area of regulation Congress assigned to the FDA. They discus...

The concept of the best of all possible worlds is widely considered to be incoherent on the grounds that, for any world that might be termed the best, there is always another that is better. I note that underlying this argument is a conviction that the goodness of a world is determined by a single kind of good, the most plausible candidates for which are not maximizable. Against this I suggest that several goods may have to combine to determine the (...) goodness of a world, and because of logical conflicts between them, the goods can be optimized to give a genuine best of all possible worlds. (shrink)

From the early eighteenth century onward, primacy for the invention of binary numeration and arithmetic was almost universally credited to the German polymath Gottfried Wilhelm Leibniz (1646–1716). Then, in 1922, Frank Vigor Morley (1899–1980) noted that an unpublished manuscript of the English mathematician, astronomer, and alchemist Thomas Harriot (1560–1621) contained the numbers 1 to 8 in binary. Morley’s only comment was that this foray into binary was “certainly prior to the usual dates given for binary numeration”. Almost thirty years later, (...) John William Shirley (1908–1988) published reproductions of two of Harriot’s undated manuscript pages, which, he claimed, showed that Harriot had invented binary numeration “nearly a century before Leibniz’s time”. But while Shirley correctly asserted that Harriot had invented binary numeration, he made no attempt to explain how or when Harriot had done so. Curiously, few since Shirley’s time have attempted to answer these questions, despite their obvious importance. After all, Harriot was, as far as we know, the first to invent binary. Accordingly, answering the how and when questions about Harriot’s invention of binary is the aim of this short paper. (shrink)

This article focuses on how aesthetic values permeate Nietzsche’s philosophy. Artistry is not confined to the creation of conventional works of art but occurs in the form-giving that is essential to all human forms of life. Since Nietzsche was committed to the view that the world is in some basic sense chaotic and meaningless, he held that only by imposing forms can we create a cognizable world. This close association between the conditions of life itself and the aesthetic activity of (...) giving form belies that Kantian conception that any appreciation of aesthetic phenomena is essentially disinterested. (shrink)

Political constructivism is associated with John Rawls more than any other contemporary philosopher. This chapter suggests that Rawls's political constructivism is better understood as a general method of justification which runs throughout his work as a whole, including his early work and A Theory of Justice. The chapter develops the general characterization of Rawls's political constructivism. Its main elements are taken in turn and developed with special attention to the two places where Rawls discusses the topic in depth – his (...) Dewey Lectures on Kantian Constructivism in Moral Theory and its substantially revised version called “Political Constructivism” (PL, Lecture III). The main elements include social role, sources, interpretive basis, representation and conclusion. Rawls endorsed a Kantian metaethical constructivism in part because it offered a way of more deeply characterizing how his previous political constructivism could be a live and distinct possibility. (shrink)

This discussion responds to important questions raised about my theory of fairness in the global economy by Christian Barry, Charles Beitz, A.J. Julius and Kristi Olson. I further elaborate how moral argument can be ‘internal’ to a social practice, how my proposed principles of fairness depend on international practice, how I can admit several relevant conceptions of ‘harm’ and why my account does not depend on a problematic conception of societal ‘endowments’.

The paper suggests that the state is subject to assessment according to principles of social justice because state institutions or practices exercise forms of power over which no particular person has control. This rationale for assessment of social justice equally applies to legally optional or informal social practices. But it does not apply to individual conduct. Indeed, it follows that principles of social justice cannot provide a basis for the assessment and guidance of individual choice. The paper develops this practice-based (...) conception of the subject of justice by rejoining G. A. Cohen's influential critique of Rawls’ focus on the “basic structure” of society. (shrink)

Nietzsche is often said to have started out as a Schopenhauerian metaphysician of some kind before leaving Schopenhauer behind him, and, by the end of his sane life, metaphysics too. His first and last thoughts about tragedy, however, sit uneasily with this narrative. The late thoughts are simply too close to the early ones for the story to accommodate them—not for their Schopenhauerianism, but for the strongly metaphysical flavour that they appear to share. The argument of the present paper is (...) that the appearance is veridical, and that attempts to explain away the metaphysical flavour of the later remarks cannot succeed. The paper concludes with a brief diagnosis of why Nietzsche's final thoughts about tragedy, in Twilight of the Idols, so unignorably recall the ones expressed in his first book, The Birth of Tragedy. (shrink)

In early modern times it was not uncommon for thinkers to tease out from the nature of God various doctrines of substantial physical and metaphysical import. This approach was particularly fruitful in the so-called beast-machine controversy, which erupted following Descartes’ claim that animals are automata, that is, pure machines, without a spiritual, incorporeal soul. Over the course of this controversy, thinkers on both sides attempted to draw out important truths about the status of animals simply from the notion or attributes (...) of God. Automatists – led by Nicolas Malebranche and Antoine Dilly – developed six such arguments, appealing to divine justice, providence, economy, glory (twice) and wisdom, while opponents to animal automatism developed two arguments, appealing to divine wisdom and goodness. In this article I shall examine the substance of all eight of these arguments, along with their origins, patronage, and variations, and the objections they elicited from opponents, with the aim of determining their suitability for use in contemporary debates about animal sentience and consciousness, and hence their relevance for contemporary philosophers. (shrink)

Curiosity and creativity are expressions of the trade-off between leveraging that with which we are familiar or seeking out novelty. Through the computational lens of reinforcement learning, we describe how formulating the value of information seeking and generation via their complementary effects on planning horizons formally captures a range of solutions to striking this balance.

On 1 November 1755, the city of Lisbon in Portugal was virtually destroyed by the largest documented seismic event ever to hit Europe. It is often claimed that the catastrophe severely damaged the plausibility of Leibniz’s optimism, and even the wider project of theodicy. Leibniz died several decades before the Lisbon earthquake struck, and so was unable to address it and the challenges thrown up by it, which would have included an account of how the event was consistent with God’s (...) providence. Contemporary scholars are of the view that Leibniz explained natural disasters like earthquakes as nothing more than the unfortunate consequences of the normal workings of simple laws of nature, and that God permits such disasters to happen because it would be unworthy of him to overrule the laws he has established. There certainly is this line of thinking in Leibniz’s writings, but it is far from being the whole story, as we shall see. The aim of this paper is to determine what Leibniz’s response to the Lisbon earthquake would have been, had he lived to know about the event. (shrink)

This paper highlights how a small group of minority students worked to take advantage of the privileges available once they were admitted to an elite school. The argument proposed is that, unlike their more privileged peers, minority students who have made it through the gateways of elite schools have to work out a salvation of privilege to level up their chances and aspirations of success. A grounded theory based on ‘working out the salvation of privilege’ is derived to examine the (...) ways in which minority students in elite schools seize individual ways of self-saving their variegated disadvantages. The study tracked three students over a five-year period to explore the development of their aspirations and individual trajectories two years after they exited their schools. Despite the students’ efforts in self-saving, their ‘envisioned future’ became limited over time. All had to modify their options and expectations because their non-privileged background hindered their aspirations. (shrink)