I discuss the knowledge account of legal proof in Moss (2023) and develop an alternative. The unifying thread throughout this article are reflections on the beyond reasonable doubt (BRD) standard of proof. In Section 1, I will introduce the details of Moss’s account and how she motivates it via the BRD standard. In Section 2, I will argue that there are important disanalogies between BRD and knowledge that undermine Moss’s argument. There is however another motivation for the knowledge account: combined (...) with auxiliary claims, that is probabilistic knowledge and moral encroachment, it can provide a general solution to the puzzle of statistical evidence. Section 3 spells out the details. In Section 4, I suggest to combine the knowledge account with pragmatic encroachment, instead of moral encroachment, in order to stay clear of the thorny issues whether corporations have moral rights. In Section 5, I argue that the verdicts of Moss’s account in cases of false justified beliefs and non-luminous knowledge conflict with the BRD standard and thus call for abandoning the account. Based on the social function of the BRD standard, I suggest a replacement for the knowledge account that is also just as potent as a general solution for the puzzle of statistical evidence. While I will grant that knowledge is neither always necessary nor always sufficient for convictions, I will argue that the concept of knowledge nonetheless plays a significant and ineliminable role in legal decision-making. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Studies in Plato's Two-Level ModelIan MuellerHolger Thesleff. Studies in Plato's Two-Level Model. Helsinki: Societas Scientarum Fennica, 1999. Pp. vi + 143. N. P.After some 30 years of incisive intervention in Platonic scholarship, Holger Thesleff here offers us "an attempt to elaborate and ground more firmly some basic theses which I have propounded in various contexts before," (1) a rather modest description of what he also describes as an (...) attempt to contribute toward "a more general agreement on how to read and interpret Plato" (5). The richness of this book makes it impossible to describe in any detail, and I shall content myself with indicating some of what I take to be its principal points of view.Thesleff"s concern for agreement arises from his perception of the vastly discrepant schools of Plato interpretation, of which the most important for him might be labeled esotericist, analytic, and "literary." The last, which can hardly be called a school at all, includes a variety of scholars who downplay "literal" interpretation and emphasize such things as "dramatic artistry, the structure of the dialogues, the characterization of settings and persons, shifts of style, allusions, play, and irony" (3). Thesleff's sympathies clearly lie with these people, perhaps to an extent which, as I shall suggest, will limit the effectiveness of his attempt to move toward a consensus.As the title indicates Thesleff builds his reading around what he calls Plato's two-level model. This two-level model is not, as one might suppose, what has been called Plato's two worlds view, the belief in a world of pure being beyond the perceived world we inhabit. Indeed, it is not a doctrine or set of doctrines at all. Rather "it is an intuitive 'vision' which offers only crude basic patterns and frames for the structures of Plato's thinking, feelings, intuitions, and intentions, from his youth to his old age, and for our understanding of them" (123). Clearly one cannot expect a full and precise articulation of this vision. Thesleff proceeds by discussing in terms of their role in the earlier dialogues ten hierarchic pairs which form part of Plato's vision: divine/human, soul/body, leading/being led (particularly important in the conduct of a Socratic discussion), truth/appearance, knowledge/opinion, intellect/senses, defined/undefined, stability/change, one/many, same/different. These hierarchic or asymmetric pairs are contrasted by Thesleff with what he calls polar opposites like large/small and light/dark. He also stresses that the hierarchic pairs of Plato's two-level model involve no separation (chorismos), but rather a communion (koinônia).As the words "from his youth to his old age" in the quotation of the previous paragraph indicate, Thesleff is a "unitarian" in his approach to Plato. His Plato is not a philosopher whose positions changed through time as a result of reasoned argument. What many scholars take to be doctrines later given up, e.g., the view that learning is being reminded (anamnêsis), are "thought experiments," which are not followed up, thought experiments made within the context of the unchanging two-level vision.Although Thesleff is a unitarian in the sense I have indicated, he does believe that a kind of order of composition can be constructed for the dialogues. I say "kind of" because Thesleff's chronology involves assumptions of revisions over time, multiple authorship, and even dialogues "written down" by people other than Plato. The resulting chronology is complex, and I here only indicate it in rough form in a way which [End Page 272] brings out what I take to be its major points. Leaving out of account those Socratic" dialogues which Thesleff takes to be latish and the posthumously completed Laws, we can say that a series of late dialogues starts with the Parmenides and includes the Timaeus, Critias, Sophist, Politicus, and Philebus. All other dialogues, including the Theaetetus, were written prior to the Parmenides with the exception of the Republic, which Thesleff proposes is in its ultimate shape a late work, representing "only and purely Plato's 'own' and personal philosophy" (115). As for the other late dialogues, which have played an important... (shrink)

Longtermists have argued that humanity should significantly increase its efforts to prevent catastrophes like nuclear wars, pandemics, and AI disasters. But one prominent longtermist argument overshoots this conclusion: the argument also implies that humanity should reduce the risk of existential catastrophe even at extreme cost to the present generation. This overshoot means that democratic governments cannot use the longtermist argument to guide their catastrophe policy. In this paper, we show that the case for preventing catastrophe does not depend on longtermism. (...) Standard cost-benefit analysis implies that governments should spend much more on reducing catastrophic risk. We argue that a government catastrophe policy guided by cost-benefit analysis should be the goal of longtermists in the political sphere. This policy would be democratically acceptable, and it would reduce existential risk by almost as much as a strong longtermist policy. (shrink)

Carl Craver investigates what we are doing when we sue neuroscience to explain what's going on in the brain.

Focusing on the problem of the Prime Matter in the Philoponus' Contra Proclum (Book XI), this study offers the first translation, in French, extensively annoted and commented in the context of the 'quaestio disputata' of the Neoplatonic ...

Jung has never pursued the "psychology of religion" apart from general psychology. The unique importance of his work lies rather in his discovery and treatment of religious, or potentially religious, factors in his investigation into the unconscious as a whole and in his general therapeutic practice. In Answer to Job , first published in Zurich in 1952, Jung employs the familiar language of theological discourse. Such terms as "God," "wisdom," and "evil" are the touchstones of his argument. And yet, Answer (...) to Job , perhaps Jung's most controversial work, is not an essay in theology as much as it is an examination of the symbolic role that theological concepts play in a person's psychic life. (shrink)

Carl F. Craver investigates what we are doing when we use neuroscience to explain what's going on in the brain. When does an explanation succeed and when does it fail? Craver offers explicit standards for successful explanation of the workings of the brain, on the basis of a systematic view about what neuroscientific explanations are.

In this systematic introduction to the philosophy of Charles S. Peirce, the author focuses on four of Peirce's fundamental conceptions: pragmatism and Peirce's development of it into what he called 'pragmaticism'; his theory of signs; his phenomenology; and his theory that continuity is of prime importance for philosophy. He argues that at the centre of Peirce's philosophical project is a unique form of metaphysical realism, whereby continuity and evolutionary change are both necessary for our understanding of experience. In his final (...) chapter Professor Hausman applies this version of realism to contemporary controversies between anti-realists and anti-idealists. Peirce's views are compared to those of such contemporary figures as Davidson, Putnam, and Rorty. The book will be of particular interest to philosophers concerned with American philosophy and current debates on realism as well as linguists working in semiotics. (shrink)

Discrimination, understood as differential treatment of individuals on the basis of their respective group memberships, is widely considered to be morally wrong. This moral judgment is backed in many jurisdictions with the passage of equality of opportunity legislation, which aims to ensure that racial, ethnic, religious, sexual, sexual-orientation, disability and other groups are not subjected to discrimination. This chapter explores the conceptual underpinnings of discrimination and equality of opportunity using the tools of analytical moral and political philosophy.

ArgumentIn 1877, a young mathematician named Joseph Boussinesq presented amémoireto theAcadémiedes sciences which demonstrated that some differential equations may have more than one solution. Boussinesq linked this fact to indeterminism and to a possible solution to the free will versus determinism debate. Boussinesq's main interest was to reconcile his philosophical and religious views with science by showing that matter and motion do not suffice to explain all there is in the world. His argument received mixed criticism that addressed both his (...) philosophical views and the scientific content of his work, pointing to the physical “realisticness” of multiple solutions. While Boussinesq proved to be able to face the philosophical criticism, the scientific objections became a serious problem, thus slowly moving the focus of the debate from the philosophical plane to the scientific one. This change of perspective implied a wide discussion on topics such as instability, the sensitivity to initial conditions, and the conservation of energy. The Boussinesq debate is an example of a philosophically motivated debate that transforms into a scientific one, an example of the influence of philosophy on the development of science. (shrink)

Written three years before his death, The Undiscovered Self combines acuity with concision in masterly fashion and is Jung at his very best. Offering clear and crisp insights into some of his major theories, such as the duality of human nature, the unconscious, human instinct and spirituality, Jung warns against the threats of totalitarianism and political and social propaganda to the free-thinking individual. As timely now as when it was first written, Jung's vision is a salutary reminder of why we (...) should not become passive members of the herd. With a new foreword by Sonu Shamdasani. (shrink)

Under what conditions are people responsible for their choices and the outcomes of those choices? How could such conditions be fostered by liberal societies? Should what people are due as a matter of justice depend on what they are responsible for? For example, how far should healthcare provision depend on patients' past choices? What values would be realized and which hampered by making justice sensitive to responsibility? Would it give people what they deserve? Would it advance or hinder equality? The (...) explosion of philosophical interest in such questions has been fuelled by increased focus on individual responsibility in political debates. Political philosophers, especially egalitarians, have responded to such developments by attempting to map out the proper place for responsibility in theories of justice. This book both reflects on these recent developments in normative political theory and moves the debate forwards. (shrink)

One of the most significant political philosophers of the twentieth century, Carl Schmitt is a deeply controversial figure who has been labeled both Nazi sympathizer and modern-day Thomas Hobbes. First published in 1938, The Leviathan in the State Theory of Thomas Hobbes used the Enlightenment philosopher’s enduring symbol of the protective Leviathan to address the nature of modern statehood. A work that predicted the demise of the Third Reich and that still holds relevance in today’s security-obsessed society, this volume (...) will be essential reading for students and scholars of political science. “Carl Schmitt is surely the most controversial German political and legal philosopher of this century. . . . We deal with Schmitt, against all odds, because history stubbornly persists in proving many of his tenets right.”— Perspectives on Political Science “[A] significant contribution. . . . The relation between Hobbes and Schmitt is one of the most important questions surrounding Schmitt: it includes a distinct, though occasionally vacillating, personal identification as well as an association of ideas.”— Telos. (shrink)

Essays discuss reason and understanding, interpretation, language, meaning, the human sciences, social sciences, and general hermeneutic theory.

This introductory chapter provides an overview of the recent debate about responsibility and distributive justice. It traces the recent philosophical focus on distributive justice to John Rawls and examines two arguments in his work which might be taken to contain the seeds of the focus on responsibility in later theories of distributive justice. It examines Ronald Dworkin's ‘equality of resources’, the ‘luck egalitarianism’ of Richard Arneson and G. A. Cohen, as well as the criticisms of their work put forward by (...) Elizabeth Anderson, Marc Fleurbaey, Susan Hurley, and Jonathan Wolff. Key concepts such as responsibility (individual and collective), luck (thin and thick; brute and option), control, desert, and equality of opportunity are delineated, and the implementation of responsibility-sensitive accounts of justice is considered. The chapters of this book are positioned in relation to the wider literature on responsibility and distributive justice, and a brief outline of the chapters is provided. (shrink)

Traces the development of the integral and the differential calculus and related theories since ancient times.

In this paper I argue against one variety of contextualism about aesthetic predicates such as “beautiful.” Contextualist analyses of these and other predicates have been subject to several challenges surrounding disagreement. Focusing on one kind of contextualism— individualized indexical contextualism —I unpack these various challenges and consider the responses available to the contextualist. The three responses I consider are as follows: giving an alternative analysis of the concept of disagreement ; claiming that speakers suffer from semantic blindness; and claiming that (...) attributions of beauty carry presuppositions of commonality. I will argue that none of the available strategies gives a response which both satisfactorily explains all of the disagreement -data and is plausible independent of significant evidence in favor of contextualism. I conclude that individualized indexical contextualism about the aesthetic is untenable, although this does not rule out alternative contextualist approaches to the aesthetic. (shrink)

This chapter identifies three contrasts between responsibility-sensitive justice and desert-sensitive justice. First, while responsibility may be appraised on prudential or moral grounds, it is argued that desert is necessarily moral. As moral appraisal is much more plausible, responsibility-sensitive justice is only attractive in one of its two formulations. Second, strict responsibility sensitivity does not compensate for all forms of bad brute luck, and forms of responsibility-sensitive justice like luck egalitarianism that provide such compensation do so by appealing to independent moral (...) concerns such as equality. Desert-sensitive justice can deliver the appropriate compensation without relying on external moral resources. Finally, while responsibility-sensitive justice harshly refuses to provide for those whose basic needs are unsatisfied due to their own negligent actions, this result can be averted by desert-sensitive justice as it can take into account responsibility-independent considerations. In sum, desert-sensitive justice appears to offer a tighter fit with considered judgments about justice. (shrink)

The development of artificial intelligence (AI) in medicine raises fundamental ethical issues. As one example, AI systems in the field of mental health successfully detect signs of mental disorders, such as depression, by using data from social media. These AI depression detectors (AIDDs) identify users who are at risk of depression prior to any contact with the healthcare system. The article focuses on the ethical implications of AIDDs regarding affected users’ health-related autonomy. Firstly, it presents the (ethical) discussion of AI (...) in medicine and, specifically, in mental health. Secondly, two models of AIDDs using social media data and different usage scenarios are introduced. Thirdly, the concept of patient autonomy, according to Beauchamp and Childress, is critically discussed. Since this concept does not encompass the specific challenges linked with the digital context of AIDDs in social media sufficiently, the current analysis suggests, finally, an extended concept of health-related digital autonomy. (shrink)

With a characteristically broad and provocative treatment, Dahlhaus examines a single music-aesthetical idea from various historical and philosophical viewpoints. "Essential reading for anyone interested in the larger intellectual framework in which Romantic music found its place, a framework that to a remarkable degree has continued to shape our image of music."--Robert P. Morgan, Yale University Carl Dahlhaus (1928-1989) is the author of a highly influential body of works on the foundations of music history and aesthetics.

This collection of articles and associated discussion papers focuses on a problem that has attracted increasing attention from linguists and psychologists throughout the world during the past several years. Reduced to essentials, the problem is that of discovering the character of the mental capacities that make it possible for human beings to attain knowledge of their language on the basis of fragmentary and haphazard early linguistic experience. A fundamental assumption running through all of these contributions is that people possess strong (...) innate predispositions that are critical for success in this task. (shrink)

In this paper, I aim to reconsider MacIntyre’s notion of an educated public. In particular, I aim to do so in light of his recent elucidation of the role of philosophical education in rejecting, or at least challenging, predominant and shared cultural assumptions. I begin by outlining MacIntyre’s original case for an educated public as found in The Idea of an Educated Public. I then briefly consider and respond to three prominent criticisms of MacIntyre’s original explication of the notion. In (...) responding to these criticisms, it will be made clear that subtle shifts in MacIntyre’s subsequent treatments of the notion reduces the dependency of such a public’s existence on the university. I conclude by arguing that the development in MacIntyre’s articulation of the necessary conditions for an educated public when considered in conjunction with his recent defence of the conditions for an ‘adequate philosophical education’ provides his philosophy of education with the conceptual resources needed to break free of a final difficulty which MacIntyre himself has articulated. Specifically, I contend that the four stages of an adequate philosophical education MacIntyre outlines are such that they need not be restricted to implementation in formal educational institutions such as the university. (shrink)

What is the cash value of Richard Rorty’s philosophy and politics of religion? This paper analyzes the political promise of Rorty’s shift from atheism to anticlericalism in the last decade of his life. It seeks to deliver primarily a concise summary of this shift, and of its transformative motivation. Then a critique of this shift is followed by the suggestion of a friendly amendment: its extension towards a pragmatic pluralism. The outlined Rortyan conception of a serene, and, at the same (...) time robust, politics of religion is proposed as a promising answer to the question of how secular liberal citizens should react to the “return of the gods.”. (shrink)

State governments provide preprinted advance directive forms to the general public. However, many adults in the United States (US) lack the skills necessary to read and comprehend health care-related materials. In this study, we sought to determine the readability of state government-sponsored advance directive forms.