This article explores the relationships between legal proof and fundamental epistemic concepts such as knowledge and justification. A survey of the legal literature reveals a confusing array of seemingly inconsistent proposals and presuppositions regarding these relationships. This article makes two contributions. First, it reconciles a number of apparent inconsistencies and tensions in accounts of the epistemology of legal proof. Second, it argues that there is a deeper connection between knowledge and legal proof than is typically argued for or presupposed in (...) the legal literature. This connection is illustrated through a discussion of the Gettier problem in epistemology. It is argued that the gap or disconnect between truth and justification that undermines knowledge in Gettier cases also potentially undermines the success of legal verdicts. (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)

In this book I offer a critical, comparative and empirically-informed defense of Islamic schools in the West. To do so I elaborate an idealized philosophy of Islamic education, against which I evaluate the situation in three different Western countries. I examine in detail notions of cultural coherence, the scope of parental authority v. a child's interests, as well as the state's role in regulating religious schools. Further, using Catholic schools as an analogous case, I speculate on the likely future of (...) Western Islamic schools. (shrink)

A recalcitrant emotion is one which conflicts with evaluative judgement. (A standard example is where someone is afraid of flying despite believing that it poses little or no danger.) The phenomenon of emotional recalcitrance raises an important problem for theories of emotion, namely to explain the sense in which recalcitrant emotions involve rational conflict. In this paper I argue that existing ‘neojudgementalist’ accounts of emotions fail to provide plausible explanations of the irrationality of recalcitrant emotions, and develop and defend my (...) own neojudgementalist account. On my view, recalcitrant emotions are irrational insofar as they incline the subject to accept an evaluative construal that the subject has already rejected. (shrink)

The rapid advancement of technology has led to an explosion of speculative theories about what the future of humankind may look like. These "technological futurisms" have arisen from significant advances in the fields of nanotechnology, biotechnology and information technology and are drawing growing scrutiny from the philosophical and theological communities. This text seeks to contextualize the growing literature on the cultural, philosophical and religious implications of technological growth by considering technological futurisms such as transhumanism in the context of the long (...) historical tradition of technological dreaming. Michael Burdett traces the latent religious sources of our contemporary technological imagination by looking at visionary approaches to technology and the future in seminal technological utopias and science fiction and draws on past theological responses to the technological future with Pierre Teilhard de Chardin and Jacques Ellul. Burdett's argument arrives at a contemporary Christian response to transhumanism based around the themes of possibility and promise by turning to the works of Richard Kearney, Eberhard Jüngel and Jürgen Moltmann. Throughout, the author highlights points of correspondence and divergence between technological futurisms and the Judeo-Christian understanding of the future. (shrink)

In this book I argue that school integration is not a proxy for educational justice. I demonstrate that the evidence consistently shows the opposite is more typically the case. I then articulate and defend the idea of voluntary separation, which describes the effort to redefine, reclaim and redirect what it means to educate under preexisting conditions of segregation. In doing so, I further demonstrate how voluntary separation is consistent with the liberal democratic requirements of equality and citizenship. The position I (...) defend is not opposed to integration but rather is a justified response to the daily experience of frustration and disappointment with a system that has failed members of marginalized groups for too long. I argue that most voluntary separation experiments in education, far from being motivated by a sense of racial, cultural or religious exclusion, are in fact driven among other things by a desire for a quality education, not to mention community membership and self respect. As such, voluntary separation represents a morally robust pragmatic strategy that is able to answer liberal challenges concerning involuntary stratification, ethnocentrism and democratic deliberation. (shrink)

This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

This article aims to highlight why R. S. Peters' conceptual analysis of ‘education’ was such an important contribution to the normative field of philosophy of education. In the article, I do the following: 1) explicate Peters' conception of philosophy of education as a field of philosophy and explain his approach to the philosophical analysis of concepts; 2) emphasize several (normative) features of Peters' conception of education, while pointing to a couple of oversights; and 3) suggest how Peters' analysis might be (...) used to reinvigorate a conversation on one central educational aim—that of how we might educate citizens for the 21st century. (shrink)

The article explores the agreements and disagreements between the author and the authors of Responsible Brains on how neuroscience relates to moral responsibility. The agreements are fundamental: neuroscience is not the harbinger of revolutionary revision of our views of when persons are morally responsible for the harms that they cause. The disagreements are in the details of what is needed for neuroscience to be the helper of the moral sciences.

ABSTRACTThis article defends the importance of epistemic safety for legal evidence. Drawing on discussions of sensitivity and safety in epistemology, the article explores how similar considerations apply to legal proof. In the legal context, sensitivity concerns whether a factual finding would be made if it were false, and safety concerns how easily a factual finding could be false. The article critiques recent claims about the importance of sensitivity for the law of evidence. In particular, this critique argues that sensitivity does (...) not have much of an effect on the value of legal evidence and that it fails to explain legal doctrine. By contrast, safety affects the quality of legal evidence, and safety better explains central features of the law of evidence, including probative value, admissibility rules, and standards of proof. (shrink)

John Martin Fischer's The Metaphysics of Free Will is devoted to two major projects. First, Fischer defends the thesis that determinism is incompatible with a person's control over alternatives to the actual future. Second, Fischer defends the striking thesis that such control is not necessary for moral responsibility. This review essay examines Fischer's arguments for each thesis. Fischer's defense of the incompatibilist thesis is the most innovative to date, and I argue that his formulation restructures the free will debate. To (...) defend his second thesis Fischer relies upon examples designed to show that an agent is responsible for an unavoidable action. I criticize Fischer's account of these examples, but I also maintain that my criticisms do not compromise his theory of responsibility. I raise several other difficulties for Fischer's theory of responsibility, and I close by offering some suggestions about how he might further defend it. (shrink)

The elephant in the room -- Crabs and octopuses -- The central intelligence of a frog -- The cerebral cortex and consciousness -- Social consciousness -- Yoda and Darth: how can we find -- Consciousness in the brain? -- The hard problem and other perspectives on consciousness -- Conscious machines -- Uploading minds -- How to build visual consciousness.

In this article I examine two basic questions: first, what constitutes a gifted person, and secondly, is there justification in making special educational provision for gifted children, where special provision involves spending more on their education than on the education of ‘normal’ children? I consider a hypothetical case for allocating extra resources for the gifted, and argue that gifted children are generally denied educational justice if they fail to receive an education that adequately challenges them. I further argue that an (...) adequately challenging education is essential to human flourishing, but that most children can be adequately challenged in schools in ways that promote flourishing without doing so at the expense of other children. (shrink)

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine. The result is a powerful argument in favour of reforming the moral and legal understanding of how and why we attribute responsibility to agents.

Many parents cite intimacy as one of their reasons for deciding to educate at home. It seems intuitively obvious that home education is conducive to intimacy because of the increased time families spend together. Yet what is not clear is whether intimacy can provide justification for one’s decision to home educate. To see whether this is so, we introduce the concept of ‘attentive parenting’, which encompasses a set of family characteristics, and we examine whether and under what conditions attentive parents (...) risk loss of intimacy by sending their children to school; or, alternatively, whether they can avoid this risk by educating children at home. What we will determine is whether families who exhibit the specified characteristics are prima facie justified in educating their children at home under the conditions of interest. We argue that, for attentive parents, home education not only promotes greater intimacy, but also provides insurance against the loss of intimacy that may occur under certain conditions when children attend schools. (shrink)

A reconsideration of mill's theory of "higher pleasures," construed as a way of evaluating changes in preferences or character that result from changes in social environment. mill's account is criticized and partly reconstructed in light of modern preference theory, but viewed favorably as an illuminating attempt to address a fundamental problem in moral evaluation of social institutions. mill's advocacy of the higher pleasures is defended in particular against the charge that it is incompatible with his commitment to liberty.

In this paper we aim to demonstrate the enormous ethical complexity that is prevalent in child obesity cases. This complexity, we argue, favors a cautious approach. Against those perhaps inclined to blame neglectful parents, we argue that laying the blame for child obesity at the feet of parents is simplistic once the broader context is taken into account. We also show that parents not only enjoy important relational prerogatives worth defending, but that children, too, are beneficiaries of that relationship in (...) ways difficult to match elsewhere. Finally, against the backdrop of growing public concern and pressure to intervene earlier in the life cycle, we examine the perhaps unintended stigmatizing effects that labeling and intervention can have and consider a number of risks and potential harms occasioned by state interventions in these cases. (shrink)

To understand the changing patterns within agriculture, it is important to look not only at social relations and organisational configurations. Also salient to such an analysis is an examination of how those formations give shape to non-humans. Much attention has been placed recently on the political economy of agriculture when speaking of these emergent patterns. Yet in doing this, the natural environment is all too often relegated to the backdrop; where the agroeconomy is viewed as something that manoeuvres within the (...) environment but never through it. The conceptual groundwork for this paper draws from two often unconnected scholars: Michel Foucault and Fernand Braudel. In Foucault, we find a framework, with a little conceptual development, through which to talk about how the economy (of both discipline and capital) enters into nature. Specifically, the argument is made that through the embodiment of discipline, nature too becomes disciplined. Yet in Foucault we find a discursive conception of socio-economic history; where capitalism is discussed, but always as an effect of the discursive structures of power/knowledge. Enter the work of Braudel, to provide us with a materialist counterweight to Foucault's theorising. In Braudel, we find a detailed analysis on the emergence of capitalism, out of which then comes his distinction between markets and anti-markets. In short, when both accounts of history are overlaid, interesting connections between the emergence of Braudelian anti-markets and Foucaultian discipline are revealed. Two brief case studies are then examined to add further depth to the discussion: the first focusing on corn; the second centring on the cow. The paper then concludes speaking on the issue of resistance. (shrink)

The third edition of a work that defines the field of cognitive neuroscience, with extensive new material including new chapters and new contributors.

In contrast to The Methods of Ethics, Sidgwick’s Practical Ethics counsels not trying to “get to the bottom of things” in our efforts to reach “some results of value for practical guidance and life.” For Sidgwick, both practical and theoretical ethics should start from the Morality of Common Sense. Although he retained his utilitarian outlook in Practical Ethics, this paper suggests that the Morality of Common Sense has the resources to hold its own against utilitarian revision.

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- List of Contributors -- Preface -- Foreword -- Introduction -- Chapter 1 Alternate Possibilities and Moral Responsibility -- Chapter 2 Responsibility and Alternative Possibilities -- Chapter 3 Blameworthiness and Frankfurt's Argument Against the Principle of Alternative Possibilities -- Chapter 4 In Defense of the Principle of Alternative Possibilities: Why I Don't Find Frankfurt's Argument Convincing -- Chapter 5 Responsibility, Indeterminism and Frankfurt-style Cases: A Reply to (...) Mele and Robb -- Chapter 6 Classical Compatibilism: Not Dead Yet -- Chapter 7 Bbs, Magnets and Seesaws: The Metaphysics of Frankfurt-style Cases -- Chapter 8 Moral Responsibility without Alternative Possibilities -- Chapter 9 Freedom, Foreknowledge and Frankfurt -- Chapter 10 Source Incompatibilism and Alternative Possibilities -- Chapter 11 Robustness, Control, and the Demand for Morally Significant Alternatives: Frankfurt Examples with Oodles and Oodles of Alternatives -- Chapter 12 Alternate Possibilities and Reid's Theory of Agent-causation -- Chapter 13 Responsibility and Agent-causation -- Chapter 14 Soft Libertarianism and Flickers of Freedom -- Chapter 15 'Ought' Implies 'Can', Blameworthiness, and the Principle of Alternate Possibilities -- Chapter 16 The Moral Significance of Alternate Possibilities -- Chapter 17 The Selling of Joseph - A Frankfurtian Interpretation -- Chapter 18 Some Thoughts Concerning PAP -- Bibliography -- Index. (shrink)

Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did (...) not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy. (shrink)

Emotions are important for virtue, both moral and intellectual. This chapter aims to explain the significance of emotion for intellectual virtue along two dimensions. The first claim is that epistemic emotions can motivate intellectual inquiry, and thereby constitute ways of 'being for' intellectual goods. As a result, such emotions can constitute the motivational components of intellectual virtue. The second claim is that other emotions, rather than motivating intellectual inquiry and questioning, instead play a vital role in the regulation and control (...) of intellectual activities. Emotions are usually characterized, in philosophy and psychology, as having a number of components or elements. Thus emotions are held to involve elements of perception, appraisal, feeling, attention, valence, facial expression, and motivation. (shrink)

In this paper we provide a defence of cosmopolitanism from a liberal perspective, examining its moral underpinnings, including moral obligations predicated on a belief in common humanity and the fundamental dignity of human people, cultural capacities that include an embrace of pluralism and a fallibilist disposition, and pragmatist resolve in finding humanitarian solutions to real problems that people face. We also scrutinise the ideal of cosmopolitanism by considering the ‘deeply religious’ as the sort of people about whom it may be (...) said that irreconcilable tensions exist between certain types of commitment and/or belonging and what the demands of cosmopolitanism involve. (shrink)

The traditional desire view of painfulness maintains that pain sensations are painful because the subject desires that they not be occurring. A significant criticism of this view is that it apparently succumbs to a version of the Euthyphro Dilemma: the desire view, it is argued, is committed to an implausible answer to the question of why pain sensations are painful. In this paper, I explain and defend a new desire view, and one which can avoid the Euthyphro Dilemma. This new (...) view maintains that painfulness is a property, not of pain sensations, but of a pain experience, understood as a relational state constituted by a pain sensation and a desire that the sensation not be occurring. (shrink)

Ethics are of interest to business scholars because they influence decisions, behaviors, and outcomes. While scholars have increasingly shown interest in business ethics as a research topic, there are a mounting number of studies that examine ethical issues at the organizational level of analysis. This manuscript reports the results of a systematic review of empirical research on organizational ethics published in a broad sample of business journals over a 33-year period. A total of 184 articles are analyzed to reveal gaps (...) in the literature and, subsequently, lead to suggestions for future research; this is done in an effort to stimulate and perpetuate high quality research that more broadly impacts business scholars and practitioners. (shrink)

Mechanical Choices details the intimate connection that exists between morality and law: the morality we use to blame others for their misdeeds and the criminal law that punishes them for these misdeeds. This book shows how both law and morality presuppose the accuracy of common sense, a centuries-old psychology that defines people as rational agents who make honorable choices and act for just reasons. It then shows how neuroscience is commonly taken to challenge these fundamental psychological assumptions.

Like other aspiring geologists in the 1830s, Darwin focused heavily on the rising and falling of the earth's crust. I use his time in the Andes to underscore the importance he placed on larger questions of vertical movement, which mountains helped to solidify in his mind. His most impressive ramblings occurred in 1835 on two high passes in the Andes. Prior to his upland journey, he was well prepared to see the gradual movement of the earth's crust, but his time (...) in the mountains honed his vertical vision. His actual travels up and over enabled him to think more clearly about rise and fall, and how corresponding geographies could link the past to the present. Mountains were instructive backdrops to his theorizing, partly because he traveled through them, but also because his time there, linked with other geographies, became a means to foster his thinking both spatially and temporally. He did not think about mountains, but with them and through them. He is a good example of the broader vertical consciousness that directed many sciences at this time. (shrink)

Research Articles Michael S. Moore, Social Philosophy and Policy, FirstView Article.

The majority of the chapters in this edition of The Cognitive Neurosciences are new, and those from the first edition have been completely rewritten and updated ...

Marvin is a contract hog farmer in Iowa. He owns his land, his barn, his tractor, and his animal crates. He has seen profits drop steadily for the last twenty years and feels trapped. Josh is a dairy farmer on a cooperative in Massachusetts. He doesn’t own his cows, his land, his seed, or even all of his equipment. Josh has a healthy income and feels like he’s made it. In The Food Sharing Revolution, Michael Carolan tells the stories (...) of traditional producers like Marvin, who are being squeezed by big agribusiness, and entrepreneurs like Josh, who are bucking the corporate food system. The difference is Josh has eschewed the burdens of individual ownership and is tapping into the sharing economy. Josh and many others are sharing tractors, seeds, kitchen space, their homes, and their cultures. They are business owners like Dorothy, who opened her bakery with the help of a no-interest, crowd-sourced loan. They are chefs like Camilla, who introduces diners to her native Colombian cuisine through peer-to-peer meal sharing. Their success is not only good for aspiring producers, but for everyone who wants an alternative to monocrops and processed foods. The key to successful sharing, Carolan shows, is actually sharing. He warns that food, just like taxis or hotels, can be co-opted by moneyed interests. But when collaboration is genuine, the sharing economy can offer both producers and eaters freedom, even sovereignty. The result is a healthier, more sustainable, and more ethical way to eat. (shrink)

This article examines the variety of men's responses to feminism in late nineteenthand early twentieth-century United States through texts that addressed the claims raised by the turn-of-the-century women's movements. Antifeminist texts relied on traditional arguments, as well as Social Darwinist and natural law notions, to reassert the patriarchal family and to oppose women's suffrage and participation in the public sphere. Masculinist texts sought to combat the purported feminization of American manhood by proposing islands of masculinity, untainted by feminizing forces; proscribed (...) homosociality was also cast as an effective antidote to homosexuality. Profeminist texts openly embraced women's claims for changes in public participation and private and family life, both out of a sense of justice and the conviction that such changes would benefit men and challenge the emerging industrial capitalist order. Parallels to contemporary men's responses to the women's movement are suggested. (shrink)

Maistre’s Soirées de Saint-Pétersbourg is modeled on Plato’s Laws. Plato and Maistre both demand the political control of natural inquiry, and implement these controls through theodictic conversation. Maistre, following the lead of Plato’s legislator, publishes an exemplary conversation about providence between a young man tempted by an atheistic Enlightenment and two older, wiser, and more learned men of affairs. Maistre defends providentialism from materialist interpretations of natural science even as Plato defended it from ancient materialism.

This is the first scholarly study of Atlas Shrugged, covering in detail the historical, literary, and philosophical aspects of Ayn Rand's magnum opus. Topics explored in depth include the history behind the novel's creation, publication, and reception; its nature as a romantic novel; and its presentation of a radical new philosophy.