This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

What motives underlie the ways humans interact socially? Are these the same for all societies? Are these part of our nature, or influenced by our environments?Over the last decade, research in experimental economics has emphatically falsified the textbook representation of Homo economicus. Literally hundreds of experiments suggest that people care not only about their own material payoffs, but also about such things as fairness, equity and reciprocity. However, this research left fundamental questions unanswered: Are such social preferences stable components of (...) human nature; or, are they modulated by economic, social and cultural environments? Until now, experimental research could not address this question because virtually all subjects had been university students, and while there are cultural differences among student populations throughout the world, these differences are small compared to the full range of human social and cultural environments. A vast amount of ethnographic and historical research suggests that people's motives are influenced by economic, social, and cultural environments, yet such methods can only yield circumstantial evidence about human motives. Combining ethnographic and experimental approaches to fill this gap, this book breaks new ground in reporting the results of a large cross-cultural study aimed at determining the sources of social preferences that underlie the diversity of human sociality. The same experiments which provided evidence for social preferences among university students were performed in fifteen small-scale societies exhibiting a wide variety of social, economic and cultural conditions by experienced field researchers who had also done long-term ethnographic field work in these societies. The findings of these experiments demonstrated that no society in which experimental behaviour is consistent with the canonical model of self-interest. Indeed, results showed that the variation in behaviour is far greater than previously thought, and that the differences between societies in market integration and the importance of cooperation explain a substantial portion of this variation, which individual-level economic and demographic variables could not. Finally, the extent to which experimental play mirrors patterns of interaction found in everyday life is traced.The book starts with a succinct but substantive introduction to the use of game theory as an analytical tool and its use in the social sciences for the rigorous testing of hypotheses about fundamental aspects of social behaviour outside artificially constructed laboratories. The results of the fifteen case studies are summarized in a suggestive chapter about the scope of the project. (shrink)

Researchers from across the social sciences have found consistent deviations from the predictions of the canonical model of self-interest in hundreds of experiments from around the world. This research, however, cannot determine whether the uniformity results from universal patterns of human behavior or from the limited cultural variation available among the university students used in virtually all prior experimental work. To address this, we undertook a cross-cultural study of behavior in ultimatum, public goods, and dictator games in a range of (...) small-scale societies exhibiting a wide variety of economic and cultural conditions. We found, first, that the canonical model – based on self-interest – fails in all of the societies studied. Second, our data reveal substantially more behavioral variability across social groups than has been found in previous research. Third, group-level differences in economic organization and the structure of social interactions explain a substantial portion of the behavioral variation across societies: the higher the degree of market integration and the higher the payoffs to cooperation in everyday life, the greater the level of prosociality expressed in experimental games. Fourth, the available individual-level economic and demographic variables do not consistently explain game behavior, either within or across groups. Fifth, in many cases experimental play appears to reflect the common interactional patterns of everyday life. Key Words: altruism; cooperation; cross-cultural research; experimental economics; game theory; ultimatum game; public goods game; self-interest. (shrink)

We would like to thank the commentators for their generous comments, valuable insights and helpful suggestions. We begin this response by discussing the selfishness axiom and the importance of the preferences, beliefs, and constraints framework as a way of modeling some of the proximate influences on human behavior. Next, we broaden the discussion to ultimate-level (that is evolutionary) explanations, where we review and clarify gene-culture coevolutionary theory, and then tackle the possibility that evolutionary approaches that exclude culture might be sufficient (...) to explain the data. Finally, we consider various methodological and epistemological concerns expressed by our commentators. (shrink)

The Oxford Philosophical Texts series consists of authoritative teaching editions of canonical texts in the history of philosophy from the ancient world down to modern times. Each volume provides a clear, well laid out text together with a comprehensive introduction by a leading specialist,giving the student detailed critical guidance on the intellectual context of the work and the structure and philosophical importance of the main arguments. Endnotes are supplied which provide further commentary on the arguments and explain unfamiliar references and (...) terminology, and a fullbibliography and index are also included.The series aims to build up a definitive corpus of key texts in the Western philosophical tradition, which will form a reliable and enduring resource for students and teachers alike.In his Principles of Human Knowledge Berkeley makes the striking claim that physical things consist of nothing but ideas, and so do not exist outside the mind. This establishes Berkeley as the founder of the idealist tradition in philosophy. Berkeley argues vigorously that once we correct ourunderstanding of the physical, we can find a new proof of the existence of God, refute sceptical attacks on human knowledge, and resolve many difficulties and paradoxes raised by the advance of science.The text printed in this volume is the 1734 edition of the Principles which is generally agreed to represent Berkeley's mature thought. Also included are the four important letters between George Berkeley and Samuel Johnson, written in 1729-30. The text is supplemented by a comprehensiveintroduction which looks at the structure and main arguments of the text, as well as discussing Berkeley's life, influences, and general philosophy. In addition the volume includes an analysis of the text, a glossary, detailed notes, and a full bibliography with guidance on further reading.This new edition of Berkeley's most famous work, published alongside his other masterpiece, the Three Dialogues (also edited by Jonathan Dancy) provides the student with a thorough introduction to the central ideas of one of the world's greatest philosophers. (shrink)

This short essay takes stock of H.L. Mencken's portrayal of Samuel Johnson as the "first Rotarian" and as nothing more than a mouthpiece for the prejudices and defender of the authorities of his time. I suggest by contrast that Johnson was fully appreciative of the need for the writer to be at a distance from the prejudices of his age and that rather than a mind blinkered by deep national prejudices Johnson was in fact a "Good European" as cosmopolitan in (...) spirit as he was English in his character. (shrink)

Film, Samuel Beckett's 1964 short starring Buster Keaton, dubbed by Deleuze as ‘The Greatest Irish Film’, is a seminal text in the latter's cinematic canon as it helps us to extrapolate the transition from the Bergson-based movement-image of Cinema 1 to the Nietzschean time-image of Cinema 2. Film is unique insofar as its narrative traverses and progressively destroys the action-, perception- and affection-images that constitute the movement-image as a whole, using Keaton's body, and more importantly his face, as a means (...) of attaining a pure intensity or Entity abstracted from all spatio-temporal coordinates, a condition of exhaustion/saturation that Deleuze and Guattari call, ‘non-human becoming’. Beckett's film is predicated on Bishop Berkeley's fundamental philosophical principle, esse est percipi (to be is to be perceived) and, using Keaton as its protagonist, raises the question of whether it is possible to escape perception, not only by a third party, but also by oneself. The latter is ‘played’ by the camera itself, which ‘stalks’ Keaton from behind, taking great pains not to exceed a 45-degree ‘angle of immunity’ (lest Buster experience percipi or the anguish of perceivedness) until the film's final close-up when he comes face to face with his own self-perception and affective annihilation. Film's denouement thus deconstructs the very nature of conventional cinematic language, whereby filmic suture – the enfolding of character, camera and spectatorial ‘viewing-views’ into a unified field of vision – gives way to a perspective where, at the very moment that the perceptive/affective body dies, the work of filmic art gives birth to itself as a being of pure sensation, exceeding lived experience. (shrink)

George Berkeley's two major works, A Treatise Concerning the Principles of Human Knowledge and Three Dialogues Between Hylas and Philonous, are presented here, together with perhaps the most searching examination his ideas received during his lifetime, that of the American Samuel Johnson, who corresponded with Berkeley during his stay in the country.

Failure, success's ugly sister, is inevitable - cognitively, biologically and morally. We all make mistakes, we all die, and we all get it wrong. A chain of flaws can be traced through all phenomena, natural and human. We see impending and actual failures in individual lives, in marriages, careers, in religion, education, psychotherapy, business, nations, and in entire civilizations. And there are chronic and imperceptible failures in everyday domains that most of the time we barely notice, often until it is (...) too late. Colin Feltham expores what constitutes failure across a number of domains. He takes guidance from the work of such diverse philosophers and thinkers as Diogenes, Epictetus, Augustine, Schopenhauer, Kierkegaard, Heidegger, Sartre, Camus, Cioran and Ricoeur, while also drawing on the insights of artists and writers such as van Gogh, Arthur Miller, Philip Larkin, Samuel Beckett, Charles Bukowski and Philip Roth. Precursors and partial synonyms for failure can be seen in the concepts of hamartia, sin, fallenness, non-being, false consciousness and anthropathology. Philosophy can help us but is itself, in its reliance on language and logic, subject to inherent flaws and failures. It is the very pervasiveness yet common denial of failure which makes it a compelling topic that cries out for honest analysis. We live in a time when the cliche of failed Marxism may be segueing frighteningly into the failure of 'selfish capitalism', in a time of geopolitical uncertainty and failure to address the dire need for agreement and action on climate change. But many of us are also painfully aware of our own shortcomings, our own weakness of will and lack of authenticity. Trying to identify where the lines may be drawn between individual responsibility, social policy, and historical and biological dark forces is a key challenge in this fascinating book. (shrink)

The received view of Kripke's Wittgenstein on Rules and Private Language is that it fails as an interpretation because, inter alia, it ignores or overlooks what Wittgenstein has to say in the second paragraph of Philosophical Investigations 201. In this paper, I demonstrate that the paragraph in question is in fact fully accommodated within Kripke's reading, and cannot therefore be reasonably utilised to object to it. -/- In part one I characterise the objection; in part two I explain why it (...) fails; in part three I suggest why commentators might have been motivated to offer it; and in part four I claim that two commentators who have offered it also imply otherwise. (shrink)

In this paper, I will argue that there is a version of possibilism—inspired by the modal analogue of Kit Fine’s fragmentalism—that can be combined with a weakening of actualism. The reasons for analysing this view, which I call Modal Fragmentalism, are twofold. Firstly, it can enrich our understanding of the actualism/possibilism divide, by showing that, at least in principle, the adoption of possibilia does not correspond to an outright rejection of the actualist intuitions. Secondly, and more specifically, it can enrich (...) our understanding of concretism, by proving that, at least in principle, the idea that objects have properties in an absolute manner is compatible with transworld identity. (shrink)

In the mid-eighteenth century David Hume argued that successful prediction tells us nothing about the truth of the predicting theory. But physical theory routinely predicts the values of observable magnitudes within very small ranges of error. The chance of this sort of predictive success without a true theory suggests that Hume's argument is flawed. However, Colin Howson argues that there is no flaw and examines the implications of this disturbing conclusion; he also offers a solution to one of the (...) central problems of Western philosophy, the problem of induction. (shrink)

This volume provides a guide to the discussion among biologists and philosophersabout the role of concepts such as function and design in an evolutionary understanding oflife.

Pragmatism is America's best-known native philosophy. It espouses a practical set of beliefs and principles that focus on the improvement of our lives. Yet the split between classical and contemporary pragmatists has divided the tradition against itself. Classical pragmatists, such as John Dewey and William James, believed we should heed the lessons of experience. Neopragmatists, including Richard Rorty, Hilary Putnam, and Jürgen Habermas, argue instead from the perspective of a linguistic turn, which makes little use of the idea of experience. (...) Can these two camps be reconciled in a way that revitalizes a critical tradition? -/- Colin Koopman proposes a recovery of pragmatism by way of "transitionalist" themes of temporality and historicity which flourish in the work of the early pragmatists and continue in contemporary neopragmatist thought. "Life is in the transitions," James once wrote, and, in following this assertion, Koopman reveals the continuities uniting both phases of pragmatism. Koopman's framework also draws from other contemporary theorists, including Michel Foucault, Pierre Bourdieu, Bernard Williams, and Stanley Cavell. By reflecting these voices through the prism of transitionalism, a new understanding of knowledge, ethics, politics, and critique takes root. Koopman concludes with a call for integrating Dewey and Foucault into a model of inquiry he calls genealogical pragmatism, a mutually informative critique that further joins the analytic and continental schools. (shrink)

McGinn's latest brings together moral philosophy and literary analysis in a way that illuminates both. Setting out to enrich the domain of moral reflection by showing the value of literary texts as sources of moral illumination, McGinn starts by setting out an uncompromisingly realist ethical theory, arguing that morality is an area of objective truth and genuine knowledge. He goes on to address such subjects as the nature of goodness, evil character, and the meaning of monstrosity in the context of (...) an aesthetic theory of virtue, which maintains that goodness of character is the same thing as beauty of soul. Looking at such literary works as Billy Budd, Lolita, The Picture of Dorian Gray, and Frankenstein, as well as examples from film and painting, Ethics, Evil, and Fiction is an original and compelling book by a leading philosopher who is also a critic and novelist. (shrink)

Gils-Schmidt and Salloch recognise that human and climate health are inextricably linked, and that mitigating healthcare-associated climate harms is essential for protecting human health.1 They argue that physicians have a duty to consider how their own practices contribute to climate change, including during their interactions with patients. Acknowledging the potential for conflicts between this duty and the provision of individual patient care, they propose the application of Korsgaard’s neo-Kantian account of practical identities to help navigate such scenarios. In this commentary, (...) we argue that by focusing attention on this physician–patient level, the authors overlook the complexity of climate change, both within the healthcare sector and beyond. We recognise the importance of individual agency in tackling this issue, and we also recognise that the authors do briefly acknowledge the importance of considering these broader complexities; however, we emphasise the need for climate and health discussions/action to be situated in a wider framework of systemic change. Our concern is that overemphasis on patient-level interactions risks normalising the prioritisation of individual-level approaches to addressing climate change, detracting from such a broader approach. Physician training emphasises the need for trust, confidentiality and shared decision-making in the doctor–patient relationship. …. (shrink)

We sometimes fail unwittingly to do things that we ought to do. And we are, from time to time, culpable for these unwitting omissions. We provide an outline of a theory of responsibility for unwitting omissions. We emphasize two distinctive ideas: (i) many unwitting omissions can be understood as failures of appropriate vigilance, and; (ii) the sort of self-control implicated in these failures of appropriate vigilance is valuable. We argue that the norms that govern vigilance and the value of self-control (...) explain culpability for unwitting omissions. (shrink)

Each volume of this series of companions to major philosophers contains specially commissioned essays by an international team of scholars and will serve as a reference work for students and nonspecialists. John Rawls is the most significant and influential philosopher and moral philosopher of the twentieth century. His work has profoundly shaped contemporary discussions of social, political and economic justice in philosophy, law, political science, economics and other social disciplines. In this exciting collection of new essays, many of the world's (...) leading political and moral theorists discuss the full range of Rawls's contribution to the concepts of political and economic justice, democracy, liberalism, constitutionalism, and international justice. There are also assessments of Rawls's controversial relationships with feminism, utilitarianism and communitarianism. New readers will find this the most accessible guide to Rawls currently available. Advanced students and specialists will find a conspectus of recent developments in the interpretation of Rawls. (shrink)

In the past two decades, much work on Kant has aimed to delimit and evaluate the bedrock assumptions of Kant's mature Critical philosophy. This volume brings together leading Kant scholars to address this issue in conversation with each other, articulating and interrogating Kant's critical assumptions.

Many weaknesses of game theory are cured by new models that embody simple cognitive principles, while maintaining the formalism and generality that makes game theory useful. Social preference models can generate team reasoning by combining reciprocation and correlated equilibrium. Models of limited iterated thinking explain data better than equilibrium models do; and they self-repair problems of implausibility and multiplicity of equilibria.

In recent years there has been a resurgence of interest in the work of Emmanuel Levinas, widely recognized as one of the most important yet difficult philosophers of the 20th century. In this much-needed introduction, Davis unpacks the concepts at the centre of Levinas's thought - alterity, the Other, the Face, infinity - concepts which have previously presented readers with major problems of interpretation. Davis traces the development of Levinas's thought over six decades, describing the context in which he worked, (...) and the impact of his writings. He argues that Levinas's work remains tied to the ontological tradition with which he wants to break, and demonstrates how his later writing tries to overcome this dependency by its increasingly disruptive, sometimes opaque, textual practice. He discusses Levinas's theological writings and his relationship to Judaism, as well as the reception of his work by contemporary thinkers, arguing that the influence of his work has led to a growing interest in ethical issues among poststructuralist and postmodernist thinkers in recent years. Comprehensive and clearly written, this book will be essential reading for students and researchers in continental philosophy, French studies, literary theory and theology. (shrink)

The epistemic position of an agent often depends on their position in a larger network of other agents who provide them with information. In general, agents are better off if they have diverse and independent sources. Sullivan et al. [19] developed a method for quantitatively characterizing the epistemic position of individuals in a network that takes into account both diversity and independence; and presented a proof-of-concept, closed-source implementation on a small graph derived from Twitter data [19]. This paper reports on (...) an open-source reimplementation of their algorithm in Python, optimized to be usable on much larger networks. In addition to the algorithm and package, we also show the ability to scale up our package to large synthetic social network graph profiling, and finally demonstrate its utility in analyzing real-world empirical evidence of ‘echo chambers’ on online social media, as well as evidence of interdisciplinary diversity in an academic communications network. (shrink)

Henry More argues that materialism cannot account for cases where a single subject or perceiver has multiple perceptions simultaneously. Since we clearly do have multiple perceptions at the same time--for example, when we see, hear, and smell simultaneously--More concludes that we are not wholly material. In response to More's argument, Margaret Cavendish adopts a two-fold strategy. First, she argues that there is no general obstacle to mental unification in her version of materialism. Second, Cavendish appeals to the mind or rational (...) matter--terms she often uses interchangeably—to explain the integration of sensory input from multiple senses. When the mind integrates perceptions across modalities, the different parts of rational matter share their knowledge so that they all come to perceive alike. When rational parts successfully communicate their knowledge, each part knows what all the others know. They pool their knowledge; they perceive alike. Thus, when someone hears, sees, and tastes, each part of her mind hears, sees, and tastes alike, in parallel and in unison. The Cavendishian mind, in short, approximates simplicity by achieving uniformity or homogeneity of perceptions across its parts. (shrink)

The Oxford-educated philosopher serves up his trenchant survey of his academic discipline, offering his commentary on Descartes, Anselm Bertrand Russell, Sartre ...

Consider the distinctive qualitative property grass visually appears to have when it visually appears to be green. This property is an example of what I call sensuous color. Whereas early modern mechanists typically argue that bodies are not sensuously colored, Margaret Cavendish (1623–73) disagrees. In cases of veridical perception, she holds that grass is green in precisely the way it visually appears to be. In defense of her realist approach to sensuous colors, Cavendish argues that (i) it is impossible to (...) conceive of colorless bodies, (ii) the very possibility of color experience requires that bodies are sensuously colored, and (iii) the attribution of sensuous colors to bodies provides the best explanation of color constancy. Although some passages might suggest that Cavendish endorses a reductive account of sensuous color, according to which sensuous color reduces to a body's microscopic surface texture (or some other mechanistically respectable property), I argue that she accepts a nonreductive account, on which sensuous color is not thus reducible. (shrink)

The heart of this book is the reciprocal relationship between philosophical theories of mind and empirical studies of animal cognition.

In contemporary philosophy, substantive moral theories are typically classified as either consequentialist or deontological. Standard consequentialist theories insist, roughly, that agents must always act so as to produce the best available outcomes overall. Standard deontological theories, by contrast, maintain that there are some circumstances where one is permitted but not required to produce the best overall results, and still other circumstances in which one is positively forbidden to to do. Classical utilitarianism is the most familiar consequentialist view, but it is (...) widely regarded as an inadequate account of morality. Although Professor Scheffler agrees with this assessment, he also believes that consequentialism seems initially plausible, and that there is a persistent air of paradox surrounding typical deontological views. In this book, therefore, he undertakes to reconsider the rejection of consequentialism. He argues that it is possible to provide a rationale for the view that agents need not always produce the best possible overall outcomes, and this motivates one departure from consequentialism; but he shows that it is surprisingly difficult to provide a satisfactory rationale for the view that there are times when agents must not produce the best possible overall outcomes. He goes on to argue for a hitherto neglected type of moral conception, according to which agents are always permitted, but not always required, to produce the best outcomes. (shrink)

Many, including Marx, Rawls, and the contemporary 'Black Lives Matter' movement, embrace the ambition to secure terms of co-existence in which the worth of people's lives becomes a lived reality rather than an empty boast. This book asks whether, as some believe, the philosophical idea of human dignity can help achieve that ambition. Offering a new fourfold typology of dignity concepts, Colin Bird argues that human dignity can perform this role only if certain traditional ways of conceiving it are (...) abandoned. Accordingly, Bird rejects the idea that human dignity refers to the inherent worth or status of individuals, and instead reinterprets it as a social relation, constituted by affects of respect and the modes of mutual attention which they generate. What emerges is a new vision of human dignity as a vital political value, and an arresting vindication of its role as an agent of critical reflection on politics. (shrink)

This article challenges the association between realist methodology and ideals of legitimacy. Many who seek a more “realistic” or “political” approach to political theory replace the familiar orientation towards a state of justice with a structurally similar orientation towards a state of legitimacy. As a result, they fail to provide more reliable practical guidance, and wrongly displace radical demands. Rather than orienting action towards any state of affairs, I suggest that a more practically useful approach to political theory would directly (...) address judgments, by comparing the concrete possibilities for action faced by real political actors. (shrink)

P. Kyle Stanford defends the problem of unconceived alternatives, which maintains that scientists are unlikely to conceive of all the scientifically plausible alternatives to the theories they accept. Stanford’s argument has been criticized on the grounds that the failure of individual scientists to conceive of relevant alternatives does not entail the failure of science as a corporate body to do so. I consider two replies to this criticism and find both lacking. In the process, I argue that Stanford does not (...) provide evidence that there are likely scientifically plausible unconceived alternatives to scientific theories accepted now and in the future. (shrink)

Mintz examines seventeenth-century reactions to the political philosophy of Thomas Hobbes.

The controversy over the equivalence of continuous sedation until death (CSD) and physician-assisted suicide/euthanasia (PAS/E) provides an opportunity to focus on a significant extended use of CSD. This extension, suggested by the equivalence of PAS/E and CSD, is designed to promote additional patient autonomy at the end-of-life. Samuel LiPuma, in his article, “Continuous Sedation Until Death as Physician-Assisted Suicide/Euthanasia: A Conceptual Analysis” claims equivalence between CSD and death; his paper is seminal in the equivalency debate. Critics contend that sedation follows (...) proportionality protocols for which LiPuma’s thesis does not adequately account. Furthermore, sedation may not eliminate consciousness, and as such LiPuma’s contention that CSD is equivalent to neocortical death is suspect. We not only defend the equivalence thesis, but also expand it to include additional moral considerations. First, we explain the equivalence thesis. This is followed by a defense of the thesis against five criticisms. The third section critiques the current use of CSD. Finally, we offer two proposals that, if adopted, would broaden the use of PAS/E and CSD and thereby expand options at the end-of-life. (shrink)

Should cognitive scientists be any more embarrassed about their lack of a discipline-fixing definition of cognition than biologists are about their inability to define “life”? My answer is “no”. Philosophers seeking a unique “mark of the cognitive” or less onerous but nevertheless categorical characterizations of cognition are working at a level of analysis upon which hangs nothing that either cognitive scientists or philosophers of cognitive science should care about. In contrast, I advocate a pluralistic stance towards uses of the term (...) ‘cognition’ that eschews the urge to treat cognition as a metaphysically well-defined “natural” kind. (shrink)

One popular theory of moral responsibility locates responsible agency in exercises of control. These control-based theories often appeal to tracing to explain responsibility in cases where some agent is intuitively responsible for bringing about some outcome despite lacking direct control over that outcome’s obtaining. Some question whether control-based theories are committed to utilizing tracing to explain responsibility in certain cases. I argue that reflecting on certain kinds of negligence shows that tracing plays an ineliminable role in any adequate control-based theory (...) of responsibility. (shrink)