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)

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)

"Knowing and History" charts the development of Hegelian philosophy of history in France from the 1930s through the postwar period, and critically assesses its significance for an understanding of our cultural present and of the possibilities for making meaning out of change over time. Michael Roth provides detailed analyses of the works of three of the most important Hegelian thinkers: Jean Hyppolite, Alexandre Kojève, and Eric Weil. These philosophers turned to history as the source of truths and criteria of (...) judgment: they forged connections between history and knowing as a means of confronting key modem philosophical problems, and of engaging their contemporary political concerns. According to Roth, the French Hegelians' work illuminates the power and limitations of the philosophical approach to history. Further, he finds in the development of their philosophies one of the crucial transformations in modem intellectual history: the shift from a concern with questions of significance to a concern with questions of use or function. Relevant to a wide variety of disciplines, "Knowing and History" will appeal to those specializing in intellectual history and political theory, as well as philosophers of history, critical theorists, and students of modem French thought and culture. (shrink)

Starting from Marr's ideas about levels of explanation, a theory of the data structures and access processes in human memory is demonstrated on 10 tasks. Functional characteristics of human memory are captured implementation-independently. Our theory generates a multidimensional task classification subsuming existing classifications such as the distinction between tasks that are implicit versus explicit, data driven versus conceptually driven, and simple associative (two-way bindings) versus higher order (threeway bindings), providing a broad basis for new experiments. The formal language clarifies the (...) binding problem in episodic memory, the role of input pathways in both episodic and semantic (lexical) memory, the importance of the input set in episodic memory, and the ubiquitous calculation of an intersection in theories of episodic and lexical access. (shrink)

Discover how mathematical sequences abound in our natural world in this definitive exploration of the geography of the cosmos You need not be a philosopher or a botanist, and certainly not a mathematician, to enjoy the bounty of the world around us. But is there some sort of order, a pattern, to the things that we see in the sky, on the ground, at the beach? In A Beginner's Guide to Constructing the Universe, Michael Schneider, an education writer and (...) computer consultant, combines science, philosophy, art, and common sense to reaffirm what the ancients observed: that a consistent language of geometric design underpins every level of the universe, from atoms to galaxies, cucumbers to cathedrals. Schneider also discusses numerical and geometric symbolism through the ages, and concepts such as periodic renewal and resonance. This book is an education in the world and everything we can't see within it. Contains numerous b&w photos and illustrations. (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.

This paper explores ways in which service-learning programs can enhance ethics education in engineering. Service-learning programs combine volunteer work and academic study. The National Society for Professional Engineers (NSPE) and American Society for Civil Engineers (ASCE) codes of ethics explicitly encourage engineers to seek opportunities, beyond their work-related responsibilities, to serve their communities. Examples of how this can be encouraged as a part of the educational experiences of engineering students are explored. Calvin: How good do you have to be to (...) qualify as good? I haven’t killed anybody. See, that’s good, right? I haven’t committed any felonics. I didn’t start any wars. I don’t practice cannibalism. Wouldn’t you say I should get lots of presents? (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.

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 aim of this paper is to clarify the concept of bribery, and to do this in a way that reveals its underlying normative features. Bribery, like lying is not a value neutral concept. It has a negative connotation and is regarded by most as generally, although not necessarily universally, wrong. At the very least, those who resort to bribery bear a burden of justification for what they do. This is no small point, as no such burden must be borne (...) for the vast majority of human activities, such as engaging in conversation or taking a walk, which normally do not. As Sissela Bok says of lying, we might say that a negative moral weight attaches to every act of bribery; it may be possible to counter this negative weight in some instances, but not without an argument.1 Why should a negative moral weight be attached to every act of bribery? It might be thought that, even if most instances of bribery are morally objectionable, the concept of bribery itself is morally neutral.2 However, enticing people to violate what they take to be their positional duties does seem to call for some sort of moral justification. This seems to be so even in extreme cases, for example, when bribing a Nazi guard to allow concentration camp prisoners to escape. The ready availability of a moral justification in such circumstances does not eliminate the need for one. (shrink)

In Consciousness and the Social Brain, Princeton neuroscientist Michael Graziano lays out an audacious new theory to account for the deepest mystery of them all.

This article details how patent law works to create discrete, immutable biological ‘objects’. This socio-legal maneuver is necessary to distinguish these artifacts from the unwieldy realm of the natural world. The creation of ‘objects’ also serves the interests of capital, where a stable, unchanging, immutable object goes hand in hand with commodification. Yet this stabilization is incomplete. Pointing to a variety of different examples, this article illustrates how biotech patents do not speak to specific, immutable things. Biotech patents, rather, are (...) better understood as ontologically fluid, which is to say their identity cannot be ‘fixed’ — or, at least, not without undermining the very existence of today’s biotechnology regime. The article concludes by speaking briefly about how this mutability is perpetuating certain inequalities, particularly between holders of various property forms. (shrink)

Georges Didi-Huberman's study is concerned with epistemological and ethical questions that arise from visual representations of the Shoah, while Michael Fried's is concerned with the ontological possibilities explored by contemporary art photography. The books have two things in common: an argument against postmodern skepticism, and an insistence that photography has become a field in which questions of history, truth, and authenticity are being explored with particular acuity. Rather than reject even the possibility that photographs have something to tell us (...) about the Shoah, Didi-Huberman shows that they can offer important insights into the difficulties and the possibilities of apprehending some aspects of the past.Fried shows that contemporary photographic work has taken on the ambitions of high modernism by accepting the challenge of “to-be-seenness.” Photography as a “historical practice” does not escape from the difficulties of evidence and of the “constructed” nature of historical understanding; photography functions neither as a pure trace of the past, nor as a mere invitation to spectacle. (shrink)

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.

Work was conducted among traditional, subsistence whale hunters in Lamalera, Indonesia, in order to test if strict biological kinship or lineage membership is more important for explaining the organization of cooperative hunting parties ranging in size from 8 to 14 men. Crew identifications were collected for all 853 hunts that occurred between May 3 and August 5, 1999. Lineage identity and genetic relatedness were determined for a sample of 189 hunters. Results of matrix regression show that genetic kinship explains little (...) of the hunters’ affiliations independent of lineage identity. Crew members are much more closely related to each other than expected by chance, but this is due to the correlation between lineage membership and genetic kinship. Lineage members are much more likely to affiliate in crews, but kin with r<0.5 are just as likely not to affiliate. The results are discussed vis-à-vis the evolution of cooperation and group identity. (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)

The European post-Marxist work Empire by Hardt and Negri points to the theological/metaphysical underpinnings of modernity and global capitalism in the medieval shift from Trinitarian orthodoxy to nominalism. Though Hardt and Negri reject religious or transcendental approaches to the social, their work shows remarkable resemblances with the ontological critique of modernity and economism mounted by John Milbank and Stephen Long among others. By contrast the considerable oeuvre of Ronald Preston on capitalism lacks a deep ontological critique. The return of ontology (...) to theological economics in recent contributions from Gorringe, Long, Milbank and Northcott marks a significant recovery of a more theological orthodoxy, but also a more thoroughgoing critique of economism whether in capitalist or socialist guise. It is moreover a critique which highlights the significance of the economic actions of churches and Christians. (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.

Originally published: Oxford: Clarendon, 1997.

Although Hume’s theory of the passions has been vigorously criticized by contemporary philosophers, Hume’s immediate successors are seldom credited with serious criticisms of that theory. In fact, insofar as their views are considered at all, they typically are summarily dismissed. Alasdair MacIntyre’s treatment is a good illustration.

There is a loud and persistent drum beat of support for schools, for citizenship, for diversity and inclusion, and increasingly for labor market readiness with very little critical attention to the assumptions underlying these agendas, let alone to their many internal contradictions. Accordingly, in this book I examine the philosophical, motivational, and practical challenges of education theory, policy, and practice in the twenty-first century. As I proceed, I do not neglect the historical, comparative international context so essential to better understanding (...) where we are, as well as what is attainable in terms of educational justice. I argue that we must constructively critique some of our most cherished beliefs about education if we are to save the hope of real justice from the rhetoric of imagined justice. (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.

This essay focuses on three topics that arose at the Photography and Historical Interpretation conference: photography’s incapacity to conceive duration; photography and the “rim of ontological uncertainty;” photography’s “anthropological revolution.” In the late nineteenth century, blindness to duration was conceptualized as the cost of photographic precision. Since the late twentieth century, blindness to our own desires, or inauthenticity, has been underlined as the price of photographic ubiquity. These forms of blindness, however, are not so much disabilities to be overcome as (...) they are aspects of modern consciousness to be acknowledged. The engagement with photography’s impact on historical consciousness gives rise to reconsiderations of temporal extension and to the difficulties of acknowledging one’s desires in an increasingly open and fractured social field. Photography’s indexicality combined with its reproducibility gives rise to photographic ambivalence. As with other forms of ambivalence, we should be less concerned with diluting its constitutive tensions than with learning to live with its conflicted possibilities. (shrink)

This essay concerns Scott Shapiro's criticism that H.L.A. Hart's theory of law suffers from a Although other philosophers of law have summarily dismissed Shapiro's criticism, I argue that it identifies an important requirement for an adequate theory of law. Such a theory must explain why legal officials justify their actions by reference to abstract propositional entities, instead of pointing to the existence of social practices. A virtue of Shapiro's planning theory of law is that it can explain this phenomenon. Despite (...) these sympathies, however, I end with the suggestion that Shapiro's criticism of Hart, as it stands, is incomplete. Careful attention to Hart's notion of the internal point of view indicates that he was aware that legal justification ends with abstract objects, not practices, and that he offered his own explanation of this phenomenon. (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.

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.

Contemporary psycholinguistic models place significant emphasis on the cognitive processes involved in the acquisition, recognition, and production of language but neglect many issues related to the representation of language-related information in the mental lexicon. In contrast, a central tenet of network science is that the structure of a network influences the processes that operate in that system, making process and representation inextricably connected. Here, we consider how the structure found across phonological networks of several languages from different language families may (...) influence language processing as we age and experience diseases that affect cognition during the typical and atypical acquisition of new words, during typical perception and production of speech in adults, and during language change over time. We conclude that the network science approach may not only provide insights into specific language processes but also provide a way to connect the work from these domains, which are becoming increasingly balkanized. (shrink)

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

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.

We argue that are no such things as literal categories in human cognition. Instead, we argue that there are merely temporary coalescences of dimensions of similarity, which are brought together by context in order to create the similarity structure in mental representations appropriate for the task at hand. Fodor contends that context‐sensitive cognition cannot be realised by current computational theories of mind. We address this challenge by describing a simple computational implementation that exhibits internal knowledge representations whose similarity structure alters (...) fluidly depending on context. We explicate the processing properties that support this function and illustrate with two more complex models, one applied to the development of semantic knowledge , the second to the processing of simple metaphorical comparisons . The models firstly demonstrate how phenomena that seem problematic for literal categorisation resolve to particular cases of the contextual modulation of mental representations; and secondly prompt a new perspective on the relation between language and thought: language affords the strategic control of context on semantic knowledge, allowing information to be brought to bear in a given situation that might otherwise not be available to influence processing. This may explain one way in which human thought is creative, and distinctive from animal cognition. (shrink)

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)