Ratio Juris, Volume 35, Issue 1, Page 71-91, March 2022.

This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between these two disciplines. Legal historians have often been sceptical of theory. The methodology which informs their own work is often said to be an empirical one, of gathering information from the archives and presenting it in a narrative form. The narrative produced by history is often said to be provisional, insofar as further research in the archives might falsify present understandings (...) and demand revisions. On the other side, legal theorists are often dismissive of historical works. History itself seems to many theorists not to offer any jurisprudential insights of use for their projects: at best, history is a repository of data and examples, which may be drawn on by the theorist for her own purposes. The aim of this collection is to invite participants from both sides to ask what lessons legal history can bring to legal theory, and what legal theory can bring to history. What is the theorist to do with the empirical data generated by archival research? What theories should drive the historical enterprise, and what wider lessons can be learned from it? This collection brings together a number of major theorists and legal historians to debate these ideas. (shrink)

Law and History contains a collection of essays by prominent legal historians, which explore the ways in which history has been used by lawyers past and present to answer legal questions. In common with earlier volumes in the Current Legal Issues series, it seeks both a theoretical and methodological focus. This volume covers a broad range of topics, from a discussion of the nature of norms in the middle ages to the role of war crimes trials in the twentieth century. (...) It includes wide-ranging historiographical discussions, which examine the nature and aims of the legal historian, as well as contributions which explore the methodology and aims of writers such as Coke, Maine, Weber, Montesquieu, and Kames, who sought to use historical models to explain law. A number of contributions examine developments in legal doctrine, particularly in the nineteenth century, including developments in the law of contract, administrative law, and perjury. These raise important questions about the nature of the legal categorizations which developed in that era. Law and History also includes a collection of contributons on the use of history in twentieth century trials, including the Nuremberg trials, the trial of the Gang of Four, and trials arising from the events in the former Yugoslavia and Rwanda. (shrink)

Law and History contains a broad range of essays by prominent legal historians, which explore the ways in which history has been used by lawyers. Largely theoretical in focus, the volume covers a broad range of issues, including discussions of norms in medieval England, the works of Montesquieu, Maine, and Weber, and of the nature of legal argument in nineteenth-century England, and in twentieth- century war crimes trials.Readership: Scholars of law and history, social historians, legal historians.

This book defends a form of ethical intuitionism, according to which (i) there are objective moral truths; (ii) we know some of these truths through a kind of immediate, intellectual awareness, or "intuition"; and (iii) our knowledge of moral truths gives us reasons for action independent of our desires. The author rebuts all the major objections to this theory and shows that the alternative theories about the nature of ethics all face grave difficulties.

First published in 2008. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 2008. Routledge is an imprint of Taylor & Francis, an informa company.

The first edition of The Scientific Background to Modern Philosophy took the dialogue of science and philosophy from Aristotle through to Newton. This second edition adds eight chapters, taking the dialogue through the Enlightenment and up to Darwin. This anthology is an attempt to help bridge the gap between the history of science and the history of philosophy.

Part I: The representation of life -- Can life be given a real definition? -- The representation of the living individual -- The representation of the life-form itself -- Part II: Naive action theory -- Types of practical explanation -- Naive explanation of action -- Action and time -- Part III: Practical generality -- Two tendencies in practical philosophy -- Practices and dispositions as sources of the goodness of individual actions -- Practice and disposition as sources of individual action.

Virtually all philosophers agree that for a belief to be epistemically justified, it must satisfy certain conditions. Perhaps it must be supported by evidence. Or perhaps it must be reliably formed. Or perhaps there are some other "good-making" features it must have. But does a belief's justification also require some sort of awareness of its good-making features? The answer to this question has been hotly contested in contemporary epistemology, creating a deep divide among its practitioners. Internalists, who tend to focus (...) on scientific or theoretical beliefs as the ideal, insist that such awareness is required for justification. Externalists, who think children's ordinary beliefs in obvious facts are paradigm cases of justified belief, say it isn't required. Michael Bergmann's book offers a decisive refutation of internalism and a sustained defense of externalism. (shrink)

Externalist theories of justification create the possibility of cases in which everything appears to one relevantly similar with respect to two propositions, yet one proposition is justified while the other is not. Internalists find this difficult to accept, because it seems irrational in such a case to affirm one proposition and not the other. The underlying internalist intuition supports a specific internalist theory, Phenomenal Conservatism, on which epistemic justification is conferred by appearances.

At the University of Sheffield during 2011 and 2012, a leading group of philosophers, psychologists, and others gathered to explore the nature and significance of implicit bias. The two volumes of Implicit Bias and Philosophy emerge from these workshops. Each volume philosophically examines core areas of psychological research on implicit bias as well as the ramifications of implicit bias for core areas of philosophy. Volume I: Metaphysics and Epistemology is comprised of two parts: “The Nature of Implicit Attitudes, Implicit Bias, (...) and Stereotype Threat,” and “Skepticism, Social Knowledge, and Rationality.” The first part contains chapters examining the relationship between implicit attitudes and “dual process” models of the mind; the role of affect in the formation and change of implicit associations; the unity (or disunity) of implicit attitudes; whether implicit biases are mental states at all; and whether performances on stereotype-relevant tasks are automatic and unconscious or intentional and strategic. The second part contains chapters examining implicit bias and skepticism; the effects of implicit bias on scientific research; the accessibility of social stereotypes in epistemic environments; the effects of implicit bias on the self-perception of members of stigmatized social groups as rational agents; the role of gender stereotypes in philosophy; and the role of heuristics in biased reasoning. (shrink)

Causation: A Realist Approach Traditional empiricist accounts of causation and laws of nature have been reductionist in the sense of entailing that given a complete specification of the non-causal properties of and relations among particulars, it is therefore logically determined both what laws there are and what events are causally related. It is argued here, however, that reductionist accounts of causation and of laws of nature are exposed to decisive objections, and thus that the time has come for empiricists to (...) break with that tradition. -/- The basic goal of this book, therefore, is to set out and defend realistic accounts of those concepts. In the case of causal relations, for example, Tooley maintains that causation is basically a matter of theoretical relations between states of affairs that underlie and explain relative frequencies. He also argues that such an approach avoids the objections that tell against reductionist accounts and that it does so without making causal relations epistemologically inaccessible. (shrink)

In this engaging and spirited text, Michael Lynch argues that truth does matter, in both our personal and political lives. He explains that the growing cynicism over truth stems in large part from our confusion over what truth is.

Dignity plays a central role in current thinking about law and human rights, but there is sharp disagreement about its meaning. Combining conceptual precision with a broad historical background, Michael Rosen puts these controversies in context and offers a novel, constructive proposal. “Penetrating and sprightly...Rosen rightly emphasizes the centrality of Catholicism in the modern history of human dignity. His command of the history is impressive...Rosen is a wonderful guide to the recent German constitutional thinking about human dignity...[Rosen] is in (...) general an urbane and witty companion, achieving his aim of accessibly written philosophy.” —Samuel Moyn, The Nation “[An] elegant, interesting and lucid exploration of the concept of dignity...Drawing on classical, liberal and Catholic traditions, Rosen hopes to rehabilitate dignity to its rightful place near the centre of moral thought...Rosen's admirable book deserves wide attention from political theorists, jurisprudes and political philosophers.” —Simon Blackburn, Times Higher Education “Dignity deserves to be widely read, not only for its intrinsic interest, but also as a corrective to the habit of discussing such topics in abstraction from their social context. Whether or not one agrees with Rosen's arguments, there can be no doubt he has widened our horizons.” —Rae Langton, Times Literary Supplement. (shrink)

edition (unseen), $12.95. traditions, bringing into being new modes of understanding. Paper Anthropology, and particularly ethnography, is torn between two quests, one to capture the diversity of social life and the other to discover universal principles structuring that diversity. Jackson examines these quests within the context of ethnographic fieldwork, focusing on the relationship between ethnographers and the people they study. He is concerned with defining the anthropological project as something more than the projection of the anthropologist's traditions and concerns onto (...) an alien culture. Rather, he would have the project open a genuine dialogue between people from different cultures or Annotation copyrighted by Book News, Inc., Portland, OR. (shrink)

Michael G. Titelbaum presents a new Bayesian framework for modeling rational degrees of belief—the first of its kind to represent rational requirements on agents who undergo certainty loss.

In this paper, I propose a new way of defining sport that I call a ‘core-periphery’ model. According to a core-periphery model, sport comes in degrees – what I refer to as ‘sport-likeness’ – and the aim of the philosopher of sport is to chart those dimensions along which an activity can be more or less a sport. By introducing the concept of sport-likeness, the core-periphery model complicates the picture of what is or is not a sport and encourages philosophers (...) interested in defining sport to engage with the social sciences in exploring the extension of the term sport in common usage. In this paper I present the results of a small survey about attitudes to sport, and use it to illustrate how a core-periphery definition of sport would proceed. (shrink)

While philosophers hold that it is patently absurd to blame robots or hold them morally responsible [1], a series of recent empirical studies suggest that people do ascribe blame to AI systems and robots in certain contexts [2]. This is disconcerting: Blame might be shifted from the owners, users or designers of AI systems to the systems themselves, leading to the diminished accountability of the responsible human agents [3]. In this paper, we explore one of the potential underlying reasons for (...) robot blame, namely the folk's willingness to ascribe inculpating mental states or "mens rea" to robots. In a vignette-based experiment (N=513), we presented participants with a situation in which an agent knowingly runs the risk of bringing about substantial harm. We manipulated agent type (human v. group agent v. AI-driven robot) and outcome (neutral v. bad), and measured both moral judgment (wrongness of the action and blameworthiness of the agent) and mental states attributed to the agent (recklessness and the desire to inflict harm). We found that (i) judgments of wrongness and blame were relatively similar across agent types, possibly because (ii) attributions of mental states were, as suspected, similar across agent types. This raised the question - also explored in the experiment - whether people attribute knowledge and desire to robots in a merely metaphorical way (e.g., the robot "knew" rather than really knew). However, (iii), according to our data people were unwilling to downgrade to mens rea in a merely metaphorical sense when given the chance. Finally, (iv), we report a surprising and novel finding, which we call the inverse outcome effect on robot blame: People were less willing to blame artificial agents for bad outcomes than for neutral outcomes. This suggests that they are implicitly aware of the dangers of overattributing blame to robots when harm comes to pass, such as inappropriately letting the responsible human agent off the moral hook. (shrink)

In previous work I have argued against internalism by means of a dilemma intended to force all internalists to accept one of two undesirable options: either their internalism is unmotivated or it is saddled with vicious regress problems. Recently it has been argued that Phenomenal Conservatism—a theory of justification according to which justification depends on seemings—is a kind of internalism that can escape this dilemma. In this paper, I argue that Phenomenal Conservatism cannot escape my dilemma for internalism. In order (...) to do this, it is helpful to get clear on what Phenomenal Conservatism is saying, and for that reason I begin, in section I, by examining in some detail what seemings are. I then argue, in the remainder of the paper, that, whichever horn of the dilemma for internalism they take, Phenomenal Conservatives are in trouble. (shrink)

This volume presents a selection of the most influential recent discussions of the crucial metaphysical questions: what is it for one event to cause another? The subject of causation bears on many topics, such as time, explanation, mental states, the laws of nature, and the philosphy of science.

Can an ugly experiment be a good experiment? Philosophers have identified many beautiful experiments and explored ways in which their beauty might be connected to their epistemic value. In contrast, the present chapter seeks out (and celebrates) ugly experiments. Among the ugliest are those being designed by AI algorithms. Interestingly, in the contexts where such experiments tend to be deployed, low aesthetic value correlates with high epistemic value. In other words, ugly experiments can be good. Given this, we should conclude (...) that beauty is not generally necessary or sufficient for epistemic value, and increasing beauty will not generally tend to increase epistemic value. (shrink)

Radical skepticism endorses the extreme claim that large swaths of our ordinary beliefs, such as those produced by perception or memory, are irrational. The best arguments for such skepticism are, in their essentials, as familiar as a popular science fiction movie and yet even seasoned epistemologists continue to find them strangely seductive. Moreover, although most contemporary philosophers dismiss radical skepticism, they cannot agree on how best to respond to the challenge it presents. In the tradition of the 18th century Scottish (...) philosopher, Thomas Reid, Radical Skepticism and Epistemic Intuition joins this discussion by taking up four main tasks. First, it identifies the strongest arguments for radical skepticism, namely, underdetermination arguments, which emphasize the gap between our evidence and our ordinary beliefs based on that evidence. Second, it rejects all inferential or argument-based responses to radical skepticism, which aim to lay out good noncircular reasoning from the evidence on which we base our ordinary beliefs to the conclusion that those beliefs are probably true. Third, it develops a commonsense noninferential response to radical skepticism with two distinctive features: it consciously and extensively relies on epistemic intuitions, which are seemings about epistemic goods, such as knowledge and rationality, and it can be endorsed without difficulty by both internalists and externalists in epistemology. Fourth, and finally, it defends this commonsense epistemic-intuition-based response to radical skepticism against a variety of objections, including those connected with underdetermination worries, epistemic circularity, disagreement problems, experimental philosophy, and concerns about whether it engages skepticism in a sufficiently serious way. (shrink)

Using an approach deeply informed by philosophy of art, art history and perceptual psychology, this book places seeing at the centre of an original theory of pictorial representation and explores the ramifications such a theory has for the visual arts.

Imagination is important for many things in science: solving problems, interpreting data, designing studies, etc. Philosophers of imagination typically account for the productive role played by imagination in science by focusing on how imagination is constrained, e.g., by using self-imposed rules to infer logically, or model events accurately. But the constraints offered by these philosophers either constrain too much, or not enough, and they can never account for uses of imagination that are needed to break today’s constraints in order to (...) make progress tomorrow. Thus, epistemology of imagination needs to make room for an element of epistemological anarchy. (shrink)

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