This paper is written in response to controversial judicial decisions following separation surgery on conjoined twins “Jodie” and “Mary”. The courts, it is argued, seem to have conceptualised the twins as “entangled singletons” requiring medical intervention to render them physically separate and thus “as they were meant to be”, notwithstanding the death of the weaker twin, “Mary”. In contrast, we argue that certain notions, philosophical and biological, of what human beings are intended to be, are problematic. We consider three compelling (...) conceptualisations of conjoined twins and advocate a model that conceives them as two psychologically separate individuals who happen to share a body, the sharing of a body being integral to the individuality of each twin. While we reject an “essentialist” view of the conjoined state, a view which might render separation surgery unthinkable in all cases, we nevertheless argue against an “adversarial” interpretation of conjoined twins’ respective best interests. We maintain that the physical entanglement should be regarded as a shared problem rather than one posed by one twin to the other. And if, after deliberation, separation surgery is deemed the “least detrimental alternative” or the “lesser of two evils”, then there should be recognition of what conjoined twins will lose, as well as gain, through separation. The current drive to separate twins at all costs may evince a deeper unease with bodily configurations that appear to threaten the premium that the Western ethical and legal tradition places on personal sovereignty, and the physical circumscription that such sovereignty assumes. (shrink)

In contrast to "the land ethic," Rachel Carson's Under the Sea-Wind suggests a trans-ecotonal sea ethic, which understands human's perception as inhibited by ecotones, such as shorelines and the ocean surface, and suggests four foundational concepts: 1.) Humans are not fully adapted to life in the oceans. 2.) Humans need to understand the scale and complexity of ocean ecosystems. 3.) Humans disrupt ocean ecosystems by overharvesting their productivity, and modifying ecosystem processes and linkages, such as migrations. 4.) Human imagination and (...) rational scientific investigation can traverse the ecotones, allowing us to more fully value ocean life and processes. (shrink)

A definition of emotion common to the affective sciences is an urgent desideratum. Lack of such a definition is a constant source of numerous misunderstandings and a series of mostly fruitless debates. There is little hope that there ever will be agreement on a common definition of emotion, given the sacred traditions of the disciplines involved and the egos of the scholars working in these disciplines. Our aim here is more modest. We propose a list of elements for a working (...) definition of emotion and discuss the justification for the inclusion of elements from our respective perspectives (philosophy and psychology). This working partial definition may at least serve as a litmus test to examine theories of emotion, old and new, across disciplinary boundaries. (shrink)

We argue that explainable artificial intelligence (XAI), specifically reason-giving XAI, often constitutes the most suitable way of ensuring that someone can properly be held responsible for decisions that are based on the outputs of artificial intelligent (AI) systems. We first show that, to close moral responsibility gaps (Matthias 2004), often a human in the loop is needed who is directly responsible for particular AI-supported decisions. Second, we appeal to the epistemic condition on moral responsibility to argue that, in order to (...) be responsible for her decision, the human in the loop has to have an explanation available of the system’s recommendation. Reason explanations are especially well-suited to this end and we examine whether – and how – it might be possible to make such explanations fit with AI systems. We support our claims by focusing on a case of disagreement between human in the loop and AI system. (shrink)

Historically, the dynamic between philosophy of artificial intelligence and its practical application has been essential for the development of both, and thus the encounter between theory of AI and architectural/urban theory should be a site of considerable productivity. However, in many ways, it is not. This is due to two primary factors, one arising from each side of this encounter. First, legacies of overly-anthropomorphic models of AI permeate design discourses, where issues of how well AI can be constrained to social (...) issues of philosophy of mind exclude more foundational and cross-cultural questions about artificial intelligence as material process in the physical world that could inform new philosophical insights. Concurrently, the mobilization of investment in “Smart Cities” discourses dominates the space of application of AI at urban scale in ways that prematurely fixes solutions in the skeuomorphic image of architectural and urban conventions. To break this impasse, we held a series of think-tanks, workshops, and design charettes that brought together leading figures in philosophy of artificial intelligence, urban design, and commercial AI platforms. The goal was to re-think from first principles how alternative philosophical models of AI as a distributed, discontinuous, landscape-scale technology in a direct encounter with the applications in contexts of ecological sensing, automation’s impact on urban form, and issues of algorithmic governance. The design brief for this research establishes a generative framework for conceiving how embedded machine sensing and intelligence is already changing urban form and could change it in the future. The framework focuses on issues of urban zoning and architectural programming, data modeling and governance, platform cognition and design, and how these inform shifts in dynamics of public and private institutions. (shrink)

An important and engaging book on a key argument in contemporary debates about free will and moral responsibility.

Introduction -- Organization, society and politics -- An Aristotelian perspective -- The politics -- The public good -- The rhetoric -- Talk and texts -- The Nichomachean ethics -- Decision making and ethics -- The Poetics -- Bolshevism to ballet in three steps -- What is "public interest"?: a case study -- Where do we go from here?

Past research (Lawson, 2004; Nonis & Swift, 2001) has revealed a correlation between academic and business ethics. Using a sample survey, this study extends this inquiry by examining the role of dispositional variables (neuroticism, extraversion, and conscientiousness) and academic honesty on business ethics perceptions. Results indicate that (1) neuroticism and conscientiousness were positively related to more ethical perceptions in a work context, and (2) academic honesty partially mediated the relationship between conscientiousness and business ethics. Implications to business practitioners and educators (...) are discussed as well as directions for future research. (shrink)

This paper presents the results of two corpus studies investigating the discourse surrounding conspiracy theories and genuine theories. The results of these studies show that conspiracy theories lack the epistemic and scientific standing characteristic of theories more generally. Instead, our findings indicate that conspiracy theories are spread in a manner that resembles the dissemination of rumors and falsehoods. Based on these empirical results, we argue that it is time for both re-engineering conspiracy theory and for relabeling "conspiracy theory". We propose (...) relabelling conspiracy theories as either "conspiracy stories" or "conspiracy narratives" to more accurately convey their true nature. (shrink)

With this book Paul Virilio inaugurated the new science whose object of study is the "dromocratic" revolution. Speed and Politics is the matrix of Virilio's entire work. Building on the works of Morand, Marinetti, and McLuhan, Virilio presents a vision more radically political than that of any of his French contemporaries: speed as the engine of destruction. Speed and Politics presents a topological account of the entire history of humanity, honing in on the technological advances made possible through the militarization (...) of society. Paralleling Heidegger's account of technology, Virilio's vision sees speed—not class or wealth—as the primary force shaping civilization. In this "technical vitalism," multiple projectiles—inert fortresses and bunkers, the "metabolic bodies" of soldiers, transport vessels, and now information and computer technology—are launched in a permanent assault on the world and on human nature. Written at a lightning-fast pace, Virilio's landmark book is a split-second, overwhelming look at how humanity's motivity has shaped the way we function today, and what might come of it. (shrink)

Assertions are the centre of gravity in social epistemology. They are the vehicles we use to exchange information within scientific groups and society as a whole. It is therefore essential to determine under which conditions we are permitted to make an assertion. In this paper we argue and provide empirical evidence for the view that the norm of assertion is justified belief: truth or even knowledge are not required. Our results challenge the knowledge account advocated by, e.g. Williamson (1996), in (...) general, and more specifically, put into question several studies conducted by Turri (2013, 2016) that support a knowledge norm of assertion. Instead, the justified belief account championed by, e.g. Douven (2006), seems to prevail. (shrink)

The standard interpretation of quantum mechanics and a standard interpretation of the awareness of pain have a common feature: Both postulate the existence of an irresolvable duality. Whereas many physicists claim that all particles exhibit particle and wave properties, many philosophers working on pain argue that our awareness of pain is paradoxical, exhibiting both perceptual and introspective characteristics. In this chapter, we offer a pessimistic take on the putative paradox of pain. Specifically, we attempt to resolve the supposed paradox by (...) undermining the reasons offered for accepting the introspective side of the dualism. (shrink)

Husserl seems to have devoted roughly equal amounts of energy and pages to the description of perception, judgement, and imagination. By “description,” he meant the analysis of the traits and components of mental states or acts and their objects. As his views changed over the years about the nature of intentionality and philosophy, the descriptive psychology of the Logical Investigations (1900/01) gave way to descriptive programmes in which the objects of perception and of judgement were conceived of in terms of (...) a new, analytic framework; in particular Husserl lost interest in describing the things and processes in the real world that are the objects of perception and judgement and so too in describing their relations to these acts. His new analytic framework, particularly as it applies to perception, has been thoroughly expounded and discussed in the literature. My aim here is to expound Husserl's first descriptions of perception within the framework of the Investigations and to incorporate as far as possible his later descriptive results to the extent that these are separable from his later turn to idealism. (shrink)

There is growing interest in understanding and eliciting division of labor within groups of scientists. This paper illustrates the need for this division of labor through a historical example, and a formal model is presented to better analyze situations of this type. Analysis of this model reveals that a division of labor can be maintained in two different ways: by limiting information or by endowing the scientists with extreme beliefs. If both features are present however, cognitive diversity is maintained indefinitely, (...) and as a result agents fail to converge to the truth. Beyond the mechanisms for creating diversity suggested here, this shows that the real epistemic goal is not diversity but transient diversity. (shrink)

In _Marx at the Margins_, Kevin Anderson uncovers a variety of extensive but neglected texts by the well-known political economist which cast what we thought we knew about his work in a startlingly different light. Analyzing a variety of Marx’s writings, including journalistic work written for the _New York Tribune_, Anderson presents us with a Marx quite at odds with our conventional interpretations. Rather than providing us with an account of Marx as an exclusively class-based thinker, Anderson here offers (...) a portrait of Marx for the twenty-first century: a global theorist whose social critique was sensitive to the varieties of human social and historical development, including not just class, but nationalism, race, and ethnicity, as well. _Marx at the Margins _ultimately argues that alongside his overarching critique of capital, Marx created a theory of history that was multi-layered and not easily reduced to a single model of development or revolution. Through highly-informed readings on work ranging from Marx’s unpublished 1879–82 notebooks to his passionate writings about the antislavery cause in the United States, this volume delivers a groundbreaking and canon-changing vision of Karl Marx that is sure to provoke lively debate in Marxist scholarship and beyond. (shrink)

When advanced technologies of globalization that are closely associated with secular cosmopolitics are opportunistically employed by fundamentalist politico-theologies for their own particular purposes, an essential irresolution of territory, jurisdiction and programmatic projection is revealed. Where some may wish to identify an ideal correspondence between a global political sphere into which multiple differences might be adjudicated and the visual, geographic representation of a single planetary space, this conjunction is dubious and highly conditional. Instead multiple territorial projections and competing claims on space (...) are also generative of the very qualities of the spatial as a political medium altogether. For example, the well-publicized use of satellite-based mapping and telecommunications tools, such as Google Earth, by the terrorist group that attacked Mumbai in November 2008, raises several knotty and important questions about how contrary comprehensive images of the world can make use of one another in ways that undermine the ‘unitotality’ of global territory. It is not that Google and Jihad are ‘equivalent’ or even ‘translatable’, but rather because they are not, they are in practice interoperable. Instead links between urbanism, cosmography, and the socialization of planetary software networks demonstrate the centrality of design to the ongoing fashioning of the territory of territories, the geoscape. (shrink)

This paper advances the conception of social entrepreneurs as caring entrepreneurs. We argue that the care ethics of social entrepreneurs, implying the pursuit of caring goals through caring processes, can be challenged when they engage in the process of scaling up their ventures. We propose that social entrepreneurs can sustain their care ethics as the essential dimension of their venture only if they are able to build a caring enterprise. Organizational care designates the set of organizing principles that facilitate the (...) embedding of care ethics at an organizational level, beyond the imprinting induced by social entrepreneurs’ personal ethics. (shrink)

‘What is characteristic of every mental activity’, according to Brentano, is ‘the reference to something as an object. In this respect every mental activity seems to be something relational.’ But what sort of a relation, if any, is our cognitive access to the world? This question – which we shall call Brentano’s question – throws a new light on many of the traditional problems of epistemology. The paper defends a view of perceptual acts as real relations of a subject to (...) an object. To make this view coherent, a theory of different types of relations is developed, resting on ideas on formal ontology put forward by Husserl in his Logical Investigations and on the theory of relations sketched in Smith's "Acta cum fundamentis in re". The theory is applied to the notion of a Cambridge change, which proves to have an unforeseen relevance to our understanding of perception. (shrink)

Niche construction is the process whereby organisms, through their activities and choices, modify their own and each other’s niches. By transforming natural-selection pressures, niche construction generates feedback in evolution at various different levels. Niche-constructing species play important ecological roles by creating habitats and resources used by other species and thereby affecting the flow of energy and matter through ecosystems—a process often referred to as “ecosystem engineering.” An important emphasis of niche construction theory (NCT) is that acquired characters play an evolutionary (...) role through transforming selective environments. This is particularly relevant to human evolution, where our species has engaged in extensive environmental modification through cultural practices. Humans can construct developmental environments that feed back to affect how individuals learn and develop and the diseases to which they are exposed. Here we provide an introduction to NCT and illustrate some of its more important implications for the human sciences. (shrink)

: An open-ended questionnaire elicited concepts of virtue and duty, and ethical language and priorities from commercial fishers and residents of ports in the Republic of Ireland. Respondents came from viable and stressed fisheries and from nontraditional and traditional natural resources communities (including one in Gaeltacht). In reporting the characteristics of a "good" fisher, viable fisheries emphasized virtues such as work ethic, respect for the crew, and respect for the sea. The responses from stressed fisheries materialized virtue, and decreased emphasis (...) on interpersonal relationships while increasing emphasis on owning a large vessel, investing, and being greedy. Most noble actions primarily concerned rescues and sharing equipment and time in difficult circumstances. Worst actions concerned physical damage to gear, persons, or to the marine environment. Respondents personified the sea, and used similar vocabulary to express care for people and for marine organisms. Although respondents from all communities thought over-fishing and illegal fishing were threats to the fishery, respondents from viable fisheries were more likely to believe they could take personal conservation action to protect the fishery, while those from stressed fisheries despaired of personal protective action and believed that nothing could be done, or that excluding the foreign fleets was necessary for Irish fisheries to recover. European Community policies often conflict with the norms of traditional, artisanal fishers. (shrink)

Existentialism claims that there is no human reality except in action: pragmatism argues that meaning and truth are given only in practice. Wittgenstein calls for attention to forms of life, Marxism calls for attention to doing, and feminism calls for attention to the body. What do these tell us about ritual acts and their connection to spirit and to truth in Christianity and other world religions? Religious rituals have a special status as virtually pure forms of belief in action. Thinking (...) Through Rituals asks how philosophical tools like existentialism and Marxism can help us to understand the thought behind actions such as tasting the Christian host, joining in ceremony and speaking sacred words. Thinking Through Rituals proposes a new philosophical understanding of rituals as mental strategies giving access to knowledge of the world, in opposition to traditional approaches which see rituals as forms of social organization and control. Covering areas including the body, pilgrimage,initiation, sacrifice and art, this is an exciting look at the relationship between doing and meaning which is implied by ritual practice, but most fully explained by philosophical theory. (shrink)

_Challenges conventional understandings of Heidegger’s account of the body._.

Kevin M. Cahill reclaims one of Ludwig Wittgenstein's most passionately pursued endeavors: to reawaken a sense of wonder around human life and language and its mysterious place in the world. Following the philosopher's spiritual and cultural criticism and tying it more tightly to the overall evolution of his thought, Cahill frames an original interpretation of Wittgenstein's engagement with Western metaphysics and modernity, better contextualizing the force of his work. Cahill synthesizes several approaches to Wittgenstein's life and thought. He stresses (...) the nontheoretical aspirations of the philosopher's early and later writings, combining key elements from the so-called resolute readings of the _Tractatus_ with the "therapeutic" readings of _Philosophical Investigations_. Cahill shows how continuity in Wittgenstein's cultural and spiritual concerns informed if not guided his work between these texts, and in his reading of the _Tractatus_, Cahill identifies surprising affinities with Martin Heidegger's _Being and Time_--a text rarely associated with Wittgenstein's early formulations. In his effort to recapture wonder, Wittgenstein both avoided and undermined traditional philosophy's reliance on theory. As Cahill relates the steps of this bold endeavor, he forms his own innovative, analytical methods, joining historicist and contextualist approaches to text-based, immanent readings. The result is an original, sustained examination of Wittgenstein's thought. (shrink)

Therapy for metaphysics -- Concepts, rules, and the spirit of recognition -- Meaning and meanings -- Reference and presence -- Truth and correspondence -- Emancipating theology.

Kevin Scharp proposes an original theory of the nature and logic of truth on which truth is an inconsistent concept that should be replaced for certain theoretical purposes. He argues that truth is best understood as an inconsistent concept, and proposes a detailed theory of inconsistent concepts that can be applied to the case of truth. Truth also happens to be a useful concept, but its inconsistency inhibits its utility; as such, it should be replaced with consistent concepts that (...) can do truth's job without giving rise to paradoxes. To this end, Scharp offers a pair of replacements, which he dubs ascending truth and descending truth, along with an axiomatic theory of them and a new kind of possible-worlds semantics for this theory. He goes to develop Davidson's idea that truth is best understood as the core of a measurement system for rational phenomena, and offers a semantic theory that treats truth predicates as assessment-sensitive and solves the problems posed by the liar and other paradoxes. (shrink)

This paper offers a phenomenological analysis of Heidegger’s account of “the uncanny” as it relates to the coronavirus pandemic. It explores how the pandemic has disrupted Dasein’s sense of “homelike” familiarity and how this disruption has undermined our ability to be, that is, to understand or make sense of things. By examining our experience of temporality, lived-space, and intersubjectivity, the paper illuminates different ways in which the pandemic has left us confused and anxious about our self-interpretations and future projects. The (...) paper concludes by showing how the uncanny is not simply something we feel in times of crisis; it is, for Heidegger, who we are. This means the secure feeling of familiarity that we embodied prior to the pandemic was an illusion all along, that we are not and never have been at-home in the world. (shrink)

ABSTRACTAndrew Bacon, Matti Eklund, and Patrick Greenough have individually proposed objections to the project in my book, Replacing Truth. Briefly, the book outlines a conceptual engineering project – our defective concept of truth is replaced for certain purposes with a team of concepts that can do some of the jobs we thought truth could do. Here, I respond to their objections and develop the views expressed in Replacing Truth in various ways.

In English medical law, it is something of an axiom that adult competent patients have an absolute right to refuse all and any medical treatment, including potentially life-saving and life-sustaining treatment. This legal proposition, which is embedded in the doctrine of consent, has for the last few decades been regarded as the expression of the philosophical principle of personal autonomy and ethical right of self-determination. The Western ethical and legal traditions places heavy emphasis on notions of personal sovereignty reflected in (...) the strong rhetorical entrenchment of patient autonomy in judicial determinations of treatment refusal cases. In a spate of legal cases in the 1980s and 1990s judicial rhetoric .. (shrink)

Neo-Humanist Luc Ferry (1995) has compared deep ecology's declarations of intrinsic value in nature to the Third Reich's nature protection laws, which prohibit maltreatment of animals having "worth in themselves." Ferry's questionable approach fails to document the relationship between Nazi environmentalism and Nazi racism. German high art and mass media historically presented nature as dualistic, and portrayed Untermenschen as unnatural or inorganic. Nazi propaganda excluded Jews from nature, and identified traditional Jews as cruel to animals. Ferry's idealization of Humanism under (...) reports the pervasiveness of anti-Semitism in European thought, including the French Enlightenment. © 1999 Elsevier Science Inc. (shrink)

Increasingly, epistemologists are becoming interested in social structures and their effect on epistemic enterprises, but little attention has been paid to the proper distribution of experimental results among scientists. This paper will analyze a model first suggested by two economists, which nicely captures one type of learning situation faced by scientists. The results of a computer simulation study of this model provide two interesting conclusions. First, in some contexts, a community of scientists is, as a whole, more reliable when its (...) members are less aware of their colleagues' experimental results. Second, there is a robust tradeoff between the reliability of a community and the speed with which it reaches a correct conclusion. ‡The author would like to thank Brian Skyrms, Kyle Stanford, Jeffrey Barrett, Bruce Glymour, and the participants in the Social Dynamics Seminar at University of California–Irvine for their helpful comments. Generous financial support was provided by the School of Social Science and Institute for Mathematical Behavioral Sciences at UCI. †To contact the author, please write to: Department of Philosophy, Baker Hall 135, Carnegie Mellon University, Pittsburgh, PA 15213-3890; e-mail: [email protected]. (shrink)

This book offers cutting edge research on the modifications and disruptions of bodily experience in the context of anxiety, depression, trauma, chronic illness, pain, and aging. It presents original contributions in applied phenomenology, biomedical ethics, and the use of medical technologies.

This essay explores the unique temporal experience in anxiety. Drawing on first-person accounts as well as examples from literature, I attempt to show how anxiety not only disrupts our physiological and cognitive timing but also disturbs the embodied rhythms of everyday social life. The primary goal, however, is to articulate the extent to which human existence itself is a temporally structured event and to identity the ways that anxiety disrupts this structure. Using Martin Heidegger’s account of human existence as a (...) point of departure, I show how the mood of anxiety has the power to alter our self-interpretations by closing down or constricting our experience of the future. I argue that a constricted future impedes our ability ‘to be’ because it closes off the range of projective meanings that we would ordinarily draw on to create or fashion our identities. (shrink)

In Being and Time, Martin Heidegger introduces a unique interpretation of death as a kind of world-collapse or breakdown of meaning that strips away our ability to understand and make sense of who we are. This is an ‘ontological death’ in the sense that we cannot be anything because the intelligible world that we draw on to fashion our identities and sustain our sense of self has lost all significance. On this account, death is not only an event that we (...) can physiologically live through; it can happen numerous times throughout the finite span of our lives. This paper draws on Arthur Frank’s (At the will of the body: reflections on illness. Houghton, Boston, 1991) narrative of critical illness to concretize the experience of ‘ontological death’ and illuminate the unique challenges it poses for health care professionals. I turn to Heidegger’s conception of ‘resoluteness’ (Entschlossenheit) to address these challenges, arguing for the need of health care professionals to help establish a discursive context whereby the critically ill can begin to meaningfully express and interpret their experience of self-loss in a way that acknowledges the structural vulnerability of their own identities and is flexible enough to let go of those that have lost their significance or viability. (shrink)

Colonial encounters in the 1850s: the European impact on India, Indonesia, and China -- Russia and Poland: the relationship of national emancipation to revolution -- Race, class, and slavery: the Civil War as a second American revolution -- Ireland: nationalism, class, and the labor movement -- From the Grundrisse to Capital: multilinear themes -- Late writings on non-western and precapitalist societies -- Conclusion -- Appendix: the vicissitudes of the Marx-Engels Gesamtausgabe from the 1920s to today.

In this paper, I draw on Heidegger’s phenomenology of “moods” (_Stimmungen_) to interpret loneliness as a diffused and atmospheric feeling-state that often undergirds the lives of older adults, shaping the ways in which they are attuned to and make sense of the world. I focus specifically on residents in long-term care facilities to show how the social isolation and lockdown measures of the COVID-19 pandemic dramatically intensified the mood. The aim is to shed light on how profound and totalizing the (...) experience has been for residents. Making use of Heidegger’s account of the affective “collapse” or “breakdown” (_Zusammenbruch_) of meaning, I argue that when older adults are functionally locked in their rooms for months at a time and cut off from the orienting routines and rhythms of the relational world, the result is a crumbling of the fundamental meaning-structures that constitute subjectivity. The global sense of abandonment and disconnection strips away the possibility for self-understanding, and residents are often left confused and abandoned to an existence that has been drained of meaning and significance. (shrink)

In contrast to "the land ethic," Rachel Carson's Under the Sea-Wind suggests a trans-ecotonal sea ethic, which understands human's perception as inhibited by ecotones, such as shorelines and the ocean surface, and suggests four foundational concepts: 1.) Humans are not fully adapted to life in the oceans. 2.) Humans need to understand the scale and complexity of ocean ecosystems. 3.) Humans disrupt ocean ecosystems by over-harvesting their productivity, and modifying ecosystem processes and linkages, such as migrations. 4.) Human imagination and (...) rational scientific investigation can traverse the ecotones, allowing us to more fully value ocean life and processes. (shrink)

Theories of scientific rationality typically pertain to belief. In this paper, the author argues that we should expand our focus to include motivations as well as belief. An economic model is used to evaluate whether science is best served by scientists motivated only by truth, only by credit, or by both truth and credit. In many, but not all, situations, scientists motivated by both truth and credit should be judged as the most rational scientists.

Introduction -- Theory before theory, 1915-1960 -- French theory, 1949-1968 -- Screen theory, 1969-1996 -- Post-theory, 1996-2015 -- Summary.

Scholarship in experimental jurisprudence has reported surprising findings about various concepts of legal significance: _acting intentionally_, _causation_, _consent_, _knowledge, recklessness_, _reasonableness,_ and _law_ itself. Often, these studies examine laypeople’s ordinary concepts and draw broader conclusions about legal experts’ concepts. This Article questions such inferences, from empirical findings about ordinary concepts to conclusions about the concepts of those with legal expertise. It presents a case study concerning what it means to act _intentionally._ An experiment examines intentionality judgments across four populations (N (...) = 774): laypeople, law students, non-law students, and United States judges. Legal training affected judgments in three ways that are consistent with the acquisition of a distinctive legal concept. This case study supports the Article’s broader claim: Laypeople’s ordinary concepts are not equivalent to experts’ legal concepts. The acquisition of legal concepts is an important form of legal expertise. (shrink)

Increasingly, frontiers between business and philanthropy seem to be blurred. Reward-Based Crowdfunding platforms contribute to this blurring of lines since they propose funders to support both for-profit and philanthropic projects. Our empirical paper explores the case of Ulule, the leading crowdfunding platform in Europe. Our results, based on a statistical analysis of more than 3000 projects, show that crowdfunding platforms foster specific kinds of relationships relying on reciprocal giving, beyond the usual opposition between altruistic and selfish motivations. We use the (...) work of Marcel Mauss to account for this process of reciprocal giving, and we argue that Maussian theory of gift can be used more generally to describe funding activities in the context of early stage entrepreneurship. (shrink)

Work on a computer program called SMILE + IBP (SMart Index Learner Plus Issue-Based Prediction) bridges case-based reasoning and extracting information from texts. The program addresses a technologically challenging task that is also very relevant from a legal viewpoint: to extract information from textual descriptions of the facts of decided cases and apply that information to predict the outcomes of new cases. The program attempts to automatically classify textual descriptions of the facts of legal problems in terms of Factors, a (...) set of classification concepts that capture stereotypical fact patterns that effect the strength of a legal claim, here trade secret misappropriation. Using these classifications, the program can evaluate and explain predictions about a problem’s outcome given a database of previously classified cases. This paper provides an extended example illustrating both functions, prediction by IBP and text classification by SMILE, and reports empirical evaluations of each. While IBP’s results are quite strong, and SMILE’s much weaker, SMILE + IBP still has some success predicting and explaining the outcomes of case scenarios input as texts. It marks the first time to our knowledge that a program can reason automatically about legal case texts. (shrink)