The paper discusses the structure, applications, and plausibility of the much-used parallel-case argument for workplace democracy. The argument rests on an analogy between firms and states according to which the justification of democracy in the state implies its justification in the workplace. The contribution of the paper is threefold. First, the argument is illustrated by applying it to two usual objections to workplace democracy, namely, that employees lack the expertise required to run a firm and (...) that only capital suppliers should have a say over the governance of the firm. Second, the structure of the argument is unfolded. Third, two salient similarities between firms and states regarding their internal and external effects and the standing of their members are addressed in order to asses the potential and limits of the argument, as well as three relevant differences regarding the voluntariness of their membership, the narrowness of their goals, and the stiffness of the competition they face. After considering these similarities and differences, the paper contends that the the parallel-case argument provides a sound reason in favor of democracy in the workplace—a reason, however, that needs to be importantly qualified and that is only pro tanto. (shrink)

There is now a burgeoning literature on evolutionary debunking arguments (EDAs) against moral beliefs, but perhaps surprisingly, a relatively small literature on EDAs against religious beliefs. There is an even smaller literature comparing the two. This essay aims to further the investigation of how the two sorts of arguments compare with each other. To begin with, I shall offer some remarks on how to best formulate these arguments, focusing on four different formulations that one can discern in the literature and (...) that can be applied to both sorts of beliefs. I shall then go on to make a series of comparisons regarding the relative vulnerabilities of moral beliefs and theistic religious beliefs to these four arguments, suggesting that there are a number of respects in which theistic religious beliefs are somewhat less liable than moral beliefs to be undercut by EDAs. (shrink)

By Parallel Reasoning is the first comprehensive philosophical examination of analogical reasoning in more than forty years designed to formulate and justify standards for the critical evaluation of analogical arguments. It proposes a normative theory with special focus on the use of analogies in mathematics and science. In recent decades, research on analogy has been dominated by computational theories whose objective has been to model analogical reasoning as a psychological process. These theories have devoted little attention to normative questions. (...) In this book Bartha proposes that a good analogical argument must articulate a clear relationship that is capable of generalization. This idea leads to a set of distinct models for the critical analysis of prominent forms of analogical argument. The same core principle makes it possible to relate analogical reasoning to norms and values of scientific practice. Reasoning by analogy is justified because it strikes an optimal balance between conservative values, such as simplicity and coherence, and progressive values, such as fruitfulness and theoretical unification. Analogical arguments are also justified by appeal to symmetry--like cases are to be treated alike. In elaborating the connection between analogy and these broad epistemic principles, By Parallel Reasoning offers a novel contribution to explaining how analogies can play an important role in the confirmation of scientific hypotheses. (shrink)

Normative pluralism is the view that practical reason consists in an irreducible plurality of normative domains, that these domains sometimes issue conflicting recommendations and that, when this happens, there is never any one thing that one ought simpliciter to do. Here I argue against this view, noting that normative pluralism must be either unrestricted or restricted. Unrestricted pluralism maintains that all coherent standards are reason-generating normative domains, whereas restricted pluralism maintains that only some are. Unrestricted pluralism, depending on how it (...) is cashed out, is either nihilism about practical reason or else it is subjectivism. Neither view is consistent with normative pluralism; hence, pluralism must be restricted. Restricted pluralism, however, faces two problems. The first stems from the question: “Why is it that some standards are normative domains while others are not?” The question seems to demand an answer, but it is hard to give any answer without appealing to considerations that imply facts about what we ought simpliciter to do. Second, restricted pluralism has difficulty accounting for our intuitions about cases in which one option is optimal in all domains, but not better than each alternative in any one domain. The unique option that is optimal in every domain seems better than its competitors, though it isn’t better within any domain. This is different than the widely discussed argument from notable-nominal comparisons. So I conclude that we have good reason to reject restricted pluralism, the only form of normative pluralism really worthy of that name. (shrink)

This article offers a brief overview of the argument for God's existence grounded in the evidence of design. It gives particular attention to the way the argument has evolved over time and in relation to changing scientific perspectives. The argument from de‐sign has in fact been formulated and reformulated in response to the discoveries and challenges it has encountered from the field of science. The conclusion of the article explores the theological importance of this argument—its extent (...) and its limits. (shrink)

The kalām cosmological argument proceeds from the claims that everything with a beginning has a cause of its existence, and that the universe has a beginning. It follows that the universe has a cause of its existence. Presumably, this cause is God. Some defenders of the argument contend that, since we don’t see things randomly coming into existence, we know from experience that everything with a beginning has a cause of its existence. Against this, some critics argue that (...) we may not legitimately move from observations of material things within the universe to conclusions about the universe itself. I argue that these critics are mistaken. We can after all draw cosmic conclusions from everyday experiences in support of the kalām argument. (shrink)

Many philosophers have thought that aggregates of small, broadly dispersed evils don’t pose the same sort of challenge to theism that horrendous evils like the Nazi Holocaust do. But there are interesting arguments that purport to show that large enough aggregates of small evils are morally and axiologically equivalent to horrendous evils. Herein lies an intriguing and overlooked strategy for defending theism. In short: small evils, or aggregates of such evils, don’t provide decisive evidence against theism; there’s no relevant difference (...) between horrendous evils and aggregates of small evils; hence horrendous evils must not provide decisive evidence against theism, either. (shrink)

Within many animal taxa there is a trend for the species of larger body size to eat food of lower caloric value. For example, most large extant lizards are herbivorous. Reasonable arguments based on energetic considerations are often invoked to explain this trend, yet, while these factors set limits to feasible body size, they do not in themselves mathematically produce optimum body sizes. A simple optimization model is developed here which considers food search, capture, and eating rates and the metabolic (...) cost of these activities for animals of different sizes. The optimization criterion is defined as the net caloric gain a consumer accrues per day. This model does produce an optimum intermediate body size which increases with food quality - not the reverse. This discrepancy is accounted for, however, because the model also predicts that body size should be even more sensitive to increases in food abundance. In nature, many poor quality foods are also relatively abundant foods, hence the consumers eating them may maximize their daily energetic profit by evolving a relatively large body size. Optimum consumer body size also decreases with increases in consumer metabolic rate and prey speed. (shrink)

Modus Darwin is the name given by Elliott Sober to a form of argument that Sober attributes to Darwin in the Origin of Species, and to subsequent evolutionary biologists who have reasoned in the same way. In short, the argument form goes: Similarity, ergo common ancestry. In the present paper I review and critique Sober's analysis of Darwin's reasoning. I argue that modus Darwin has serious limitations that make the argument form unsuited for supporting Darwin's conclusions, and (...) that Darwin did not reason in this way. (shrink)

In this paper, I take up the conciliatory-steadfast debate occurring within social epistemology in regards to the phenomenon of peer disagreement. I will argue, because the conciliatory perspective al-lows us to understand argumentation pragmatically—as a method of problem-solving within a community rather than as a method for obtaining the truth—that in most cases, we should not simply agree to disagree.

In this paper I tie together the reasoning used in the Consequence Argument with the intuitions that drive Frankfurt cases in a way that illuminates some of the underlying differences between compatibilists and incompatibilists. I begin by explaining the ‘basic mechanism’ at work in Frankfurt cases: the existence of sufficient conditions for an outcome that do not actually bring about that outcome. I suggest that other potential threats to free will, such as God’s foreknowledge, can be understood in terms (...) of this basic mechanism. I then turn to the Consequence argument, which concludes that determinism precludes free will, and I adopt the structure of this argument to create parallel ‘progeny’ arguments using the basic mechanism of Frankfurt cases. By thus forcing the Consequence argument and Frankfurt cases into such close proximity, we can see more clearly some of the crucial issues that separate incompatibilists and compatibilists. Doing so will illustrate that for determinism to be a threat to free will requires a particular conception of the laws of nature, one that is more specific and robust than suggested by the Consequence argument alone. I conclude by showing how these questions about laws of nature lead the free will debate towards the mind-body debate and questions about reductionism and supervenience. (shrink)

Nowadays, there is a quite considerable amount of literature on the use of analogy or more generally of inferences by parallel reasoning in contemporary legal reasoning, and particularly so within Common Law. These studies are often motivated by researches in artificial intelligence seeking to develop suitable software-support for legal reasoning. Recently; Rahman/Iqbal/Soufi (2020) developed a dialogical approach in the framework of Constructive Type Theory to what in Islamic Jurisprudence was called qiyās or correlational inferences. In their last chapter the (...) authors suggested that such an approach contributes to the study of patterns of reasoning by precedent cases within contemporary common Law. In the present paper we will further motivate the deployment within Civil and Common Law of the dialogical framework developed in Rahman/Iqbal/Soufi (2020). After a presentation of Scott Brewer's take on analogy within Common Law, that has striking structural similarities to reasoning by precedent case rooted in ratio legis (known in Islamic Jurisprudence as qiyās al-'illa or correlational inference by the occasioning factor), we will illustrate the implementation of the framework with a brief discussion of some cases of legal reasoning based in Spanish Civil Law but where the accent is put in the emerging ruling rather than in the existing of a case as in Common Law. Moreover; quite surprisingly, the case under study suggests that even cases of Law-interpretation fit the argumentation pattern of qiyās al-'illa. A caveat: in the present paper we will focus mainly in discussing the dynamics of the meaning constitution involved rather than in setting the rules of the underlying dialogical framework, the latter is the subject of a follow-up paper. (shrink)

R.W. Ashby maintained that people and animals do not have to remember as much as one might think since considerable information is stored in the environment. Presented herein is an everyday, quantitative example featuring calculation of the number bits of memory that can be off-loaded to the environment. The example involves one’s storing directions to a friend’s house. It is also argued that the example works with or without acceptance of the extended mind hypothesis. Additionally, a brief supporting argument (...) for at least a form of this hypothesis is presented. (shrink)

Euclidean geometry, as presented by Euclid, consists of straightedge-and-compass constructions and rigorous reasoning about the results of those constructions. We show that Euclidean geometry can be developed using only intuitionistic logic. This involves finding “uniform” constructions where normally a case distinction is used. For example, in finding a perpendicular to line L through point p, one usually uses two different constructions, “erecting” a perpendicular when p is on L, and “dropping” a perpendicular when p is not on L, but (...) in constructive geometry, it must be done without a case distinction. Classically, the models of Euclidean geometry are planes over Euclidean fields. We prove a similar theorem for constructive Euclidean geometry, by showing how to define addition and multiplication without a case distinction about the sign of the arguments. With intuitionistic logic, there are two possible definitions of Euclidean fields, which turn out to correspond to different versions of the parallel postulate.We consider three versions of Euclid’s parallel postulate. The two most important are Euclid’s own formulation in his Postulate 5, which says that under certain conditions two lines meet, and Playfair’s axiom, which says there cannot be two distinct parallels to line L through the same point p. These differ in that Euclid 5 makes an existence assertion, while Playfair’s axiom does not. The third variant, which we call the strong parallel postulate, isolates the existence assertion from the geometry: it amounts to Playfair’s axiom plus the principle that two distinct lines that are not parallel do intersect. The first main result of this paper is that Euclid 5 suffices to define coordinates, addition, multiplication, and square roots geometrically.We completely settle the questions about implications between the three versions of the parallel postulate. The strong parallel postulate easily implies Euclid 5, and Euclid 5 also implies the strong parallel postulate, as a corollary of coordinatization and definability of arithmetic. We show that Playfair does not imply Euclid 5, and we also give some other independence results. Our independence proofs are given without discussing the exact choice of the other axioms of geometry; all we need is that one can interpret the geometric axioms in Euclidean field theory. The independence proofs use Kripke models of Euclidean field theories based on carefully constructed rings of real-valued functions. “Field elements” in these models are real-valued functions. (shrink)

Nowadays, there is a quite considerable amount of literature on the use of analogy or more generally of inferences by parallel reasoning in contemporary legal reasoning and particularly so within Common Law. These studies are often motivated by research in artificial intelligence seeking to develop suitable software-support for legal reasoning. Recently, Rahman et al. developed a dialogical approach in the framework of Constructive Type Theory to what in Islamic Jurisprudence was called qiyās or correlational inferences. In their last chapter (...) the authors suggested that such an approach contributes to the study of patterns of reasoning by precedent cases within contemporary Common Law. In the present paper we will further motivate the deployment of the dialogical framework developed in Rahman et al. within Civil and Common Law. After a presentation of Scott Brewer’s take on analogy within Common Law, that has striking structural similarities to reasoning by precedent case rooted in ratio legis, we will illustrate the implementation of the framework with a brief discussion of some cases of legal reasoning based on Spanish Civil Law but where the accent is put in the emerging ruling rather than in the existing of a case in Common Law. Moreover, quite surprisingly, the case under study suggests that even cases of Law interpretation fit the argumentation pattern of qiyās al-‘illa. A caveat: in the present paper we will focus mainly in discussing the dynamics of the meaning constitution involved rather than in setting the rules of the underlying dialogical framework, the latter is the subject of a follow-up paper. (shrink)

Evolutionary debunking arguments are arguments that appeal to the evolutionary origins of evaluative beliefs to undermine their justification. This paper aims to clarify the premises and presuppositions of EDAs—a form of argument that is increasingly put to use in normative ethics. I argue that such arguments face serious obstacles. It is often overlooked, for example, that they presuppose the truth of metaethical objectivism. More importantly, even if objectivism is assumed, the use of EDAs in normative ethics is incompatible with (...) a parallel and more sweeping global evolutionary debunking argument that has been discussed in recent metaethics. After examining several ways of responding to this global debunking argument, I end by arguing that even if we could resist it, this would still not rehabilitate the current targeted use of EDAs in normative ethics given that, if EDAs work at all, they will in any case lead to a truly radical revision of our evaluative outlook. (shrink)

I present in detail the case for regarding black hole thermodynamics as having a statistical-mechanical explanation in exact parallel with the statistical-mechanical explanation believed to underly the thermodynamics of other systems. I focus on three lines of argument: zero-loop and one-loop calculations in quantum general relativity understood as a quantum field theory, using the path-integral formalism; calculations in string theory of the leading-order terms, higher-derivative corrections, and quantum corrections, in the black hole entropy formula for extremal and (...) near-extremal black holes; recovery of the qualitative and quantitative structure of black hole statistical mechanics via the AdS/CFT correspondence. In each case I briefly review the content of, and arguments for, the form of quantum gravity being used at a introductory level: the paper is aimed at students and non-specialists and does not presume advanced knowledge of quantum gravity.. My conclusion is that the evidence for black hole statistical mechanics is as solid as we could reasonably expect it to be in the absence of a directly-empirically-verified theory of quantum gravity. (shrink)

I exploit parallel considerations in the philosophy of mind and metaethics to argue that the reasoning employed in an important argument for panpsychism overgeneralizes to support an analogous position in metaethics: panmoralism. Next, I raise a number of problems for panmoralism and thereby build a case for taking the metaethical parallel to be a reductio ad absurdum of the argument for panpsychism. Finally, I contrast panmoralism with a position recently defended by Einar Duenger Bohn and (...) argue that the two suffer from similar problems. I conclude by drawing some general lessons for panpsychism. (shrink)

Both Representation Theorem Arguments and Dutch Book Arguments support taking probabilistic coherence as an epistemic norm. Both depend on connecting beliefs to preferences, which are not clearly within the epistemic domain. Moreover, these connections are standardly grounded in questionable definitional/metaphysical claims. The paper argues that these definitional/metaphysical claims are insupportable. It offers a way of reconceiving Representation Theorem arguments which avoids the untenable premises. It then develops a parallel approach to Dutch Book Arguments, and compares the results. In each (...) case preferencedefects serve as a diagnostic tool, indicating purely epistemic defects. (shrink)

This paper argues that the problem of expertise calls for a rapprochement between social epistemology and argumentation theory. Social epistemology has tended to emphasise the role of expert testimony, neglecting the argumentative function of appeals to expert opinion by non-experts. The first half of the paper discusses parallels and contrasts between the two cases of direct expert testimony and appeals to expert opinion by our epistemic peers, respectively. Importantly, appeals to expert opinion need to be advertised as such, if they (...) are to sway an epistemic peer. The second half of the paper sketches a theoretical framework for thinking about assessments of expertise in a unified way, via a ‘default and challenge’ model that emphasises the need for a version of conversational scorekeeping. It is through such scorekeeping that interlocutors can track and coordinate their differences in epistemic outlook. The paper concludes with a genealogical perspective on the function of (attributions of) expertise: acceptance of another’s appeal to expert opinion may be construed as tacit agreement that inquiry, for now, has been taken far enough. (shrink)

Two principles are central to Rational Causation. Causalism: Believing and acting for a reason are causal phenomena in the sense that there is in both domains a causal connection between ground and grounded. Equivalence: There is a necessary connection between something's being the reason why I believe or act and my taking it to favour the belief or action. Kieran Setiya argues that Causalism is false in the theoretical case and that Equivalence is false in the practical case. (...) I reply to these and other arguments. (shrink)

Much work on legal knowledge systems treats legal reasoning as arguments that lead from a description of the law and the facts of a case, to the legal conclusion for the case. The reasoning steps of the inference engine parallel the logical steps by means of which the legal conclusion is derived from the factual and legal premises. In short, the relation between the input and the output of a legal inference engine is a logical one. The (...) truth of the conclusion only depends on the premises, and is independent of the argument that leads to the conclusion.This paper opposes the logical approach, and defends a procedural approach to legal reasoning. Legal conclusions are not true or false independent of the reasoning process that ended in these conclusions. In critical cases this reasoning process consists of an adversarial procedure in which several parties are involved. The course of the argument determines whether the conclusion is true or false. The phenomenon of hard cases is used to demonstrate this essential procedural nature of legal reasoning. (shrink)

In recent years the 'zombie argument' has come to occupy a central role in the case against physicalist views of consciousness, in large part because of the powerful advocacy it has received from David Chalmers.1 In this paper I seek to neutralize it by showing that a parallel argument can be run for physicalism, an argument turning on the conceivability of what I shall call anti-zombies. I shall argue that the result is a stand-off, and (...) that the zombie argument offers no independent reason to reject physicalism. (shrink)

I exploit parallel considerations in the philosophy of mind and metaethics to argue that the reasoning employed in an important argument for panpsychism overgeneralizes to support an analogous position in metaethics: panmoralism. Next, I raise a number of problems for panmoralism and thereby build a case for taking the metaethical parallel to be a reductio ad absurdum of the argument for panpsychism. Finally, I contrast panmoralism with a position recently defended by Einar Duenger Bohn and (...) argue that the two suffer from similar problems. I conclude by drawing some general lessons for panpsychism. (shrink)

This book presents a strong case for substance dualism and offers a comprehensive defense of the knowledge argument, showing that materialism cannot accommodate or explain the 'hard problem' of consciousness. Bringing together the discussion of reductionism and semantic vagueness in an original and illuminating way, Howard Robinson argues that non-fundamental levels of ontology are best treated by a conceptualist account, rather than a realist one. In addition to discussing the standard versions of physicalism, he examines physicalist theories such (...) as those of McDowell and Price, and accounts of neutral monism and panpsychism from Strawson, McGinn and Stoljar. He also explores previously unnoticed historical parallels between Frege and Aristotle, and between Hume and Plotinus. His book will be a valuable resource for scholars and advanced students of philosophy of mind, in particular those looking at consciousness, dualism, and the mind-body problem. (shrink)

Formal models of argumentation have been investigated in several areas, from multi-agent systems and artificial intelligence (AI) to decision making, philosophy and law. In artificial intelligence, logic-based models have been the standard for the representation of argumentative reasoning. More recently, the standard logic-based models have been shown equivalent to standard connectionist models. This has created a new line of research where (i) neural networks can be used as a parallel computational model for argumentation and (ii) neural networks can be (...) used to combine argumentation, quantitative reasoning and statistical learning. At the same time, non-standard logic models of argumentation started to emerge. In this paper, we propose a connectionist cognitive model of argumentation that accounts for both standard and non-standard forms of argumentation. The model is shown to be an adequate framework for dealing with standard and non-standard argumentation, including joint-attacks, argument support, ordered attacks, disjunctive attacks, meta-level attacks, self-defeating attacks, argument accrual and uncertainty. We show that the neural cognitive approach offers an adequate way of modelling all of these different aspects of argumentation. We have applied the framework to the modelling of a public prosecution charging decision as part of a real legal decision making case study containing many of the above aspects of argumentation. The results show that the model can be a useful tool in the analysis of legal decision making, including the analysis of what-if questions and the analysis of alternative conclusions. The approach opens up two new perspectives in the short-term: the use of neural networks for computing prevailing arguments efficiently through the propagation in parallel of neuronal activations, and the use of the same networks to evolve the structure of the argumentation network through learning (e.g. to learn the strength of arguments from data). (shrink)

A parallel argument to the doxastic voluntarist argument -- a general voluntarism argument -- can be constructed against both ethical and semantic internalism. In the ethical case, the parallel argument begins with the idea that if ethical internalism is true, that is, if we cannot help but be motivated to do the right thing internally, then it would appear that our being moved to do the right thing is involuntary in the same was (...) as our beliefs are involuntary. If correct, this leaves the ethical internalist with a dilemma. Like the epistemologist faced with the doxastic voluntarism argument, she can either deny the plausible ought implies can principle in order to maintain that the idea that ethical obligations make sense, or she must rest content with the idea that ethical internalism has the status of a descriptive account of moral behavior rather than a prescriptive theory. But, the ethical internalist is engaged in giving an account of the nature of moral action, it is entirely unclear what differentiates moral behaviors from any other kind of internally motivated actions -- the normativity of morality is lost. If we believe that normativity is constitutive of morality, then ethical internalism fails even as a description of its nature. In the semantic case, if we cannot for instance simply decide that 'Glory' means the same as 'There's a nice knockdown argument for you', it is unclear how meaning could be determined internally and yet be normative at the same time. If ought implies can, and we cannot change the meaning of our expressions internally, then the normativity of meaning cannot come from the inside, it must come from without, but how could the normativity of linguistic behavior come from without given that it is an artefact? The semantic internalist therefore faces the same dilemma that both doxastic voluntarism and ethical internalism face. (shrink)

This paper begins with the thought that there is something out of place about offloading inquiry into one's own mind to AI. The paper's primary goal is to articulate the unease felt when considering cases of doing so. It draws a parallel between the use of algorithms in the criminal law: in both cases one feels entitled to be treated as an exception to a verdict made on the basis of a certain kind of evidence. Then it identifies an (...) account of first‐person authority that can make good on this: agentialism. Thus, the paper constitutes an argument in favor of an agentialist treatment of self‐knowledge and first‐person authority. (shrink)

Political theorists concerned with ways to counteract the oligarchic tendencies of representative government have recently paid more attention to the employment of “class-specific institutions” (CSIs)—that is, political institutions that formally exclude wealthy elites from decision-making power. This article disputes a general objection levelled against the justifiability of CSIs, according to which their democratic credentials are outweighed by their explicit transgression of formal political equality—what I call the political equality objection. I claim that, although CSIs do not satisfy political equality fully, (...) their exclusionary thrust is inter alia justified in virtue of the fact that they unfold against the background of badly ordered, class-divided societies. Parallel to recent arguments in nonideal theory arguing for the priority of the right to resist economic oppression over the protection of private property rights, access to the empowering properties of CSIs should take priority over the full satisfaction of formal political equality. Yet, I also claim that the justification of CSIs depends on their orientation toward overcoming class divisions because, otherwise, we might end up wrongly naturalizing those divisions—a conclusion that needs to be avoided to reply to the political equality objection. The result is, I believe, a convincing egalitarian case for the democratic justifiability of CSIs. (shrink)

A longstanding debate regarding the nature of consent has marked a tri-fold division among philosophical and legal theorists according to whether they take consent to be a type of mental state, a form of behaviour, or some hybrid of the two. Theorists on all sides acknowledge that ordinary language cannot serve as a guide to resolving this ontological question, given the polysemy of the word “consent” in ordinary language. Similar observations have been noted about the function of consent in the (...) law and use of the word “consent” in legal contexts. This paper makes a parallel argument regarding consent’s characteristic normative role: roughly, to transform moral prohibitions into permissions. This role is neither unique nor essential to any one particular kind of thing, be it a mental state, form of behaviour, or hybrid of the two—rather, it is played by mental states and behaviour in independent and context-sensitive ways. The upshot is that insofar as we are interested in its normative implications, we ought to adopt a pluralistic approach to consent which gives independent weight to the moral contributions of facts about mental states and facts about behaviour relative to a context. (shrink)

The continuous increase in criminal activities in all countries, namely the offences which undermine the interests of contemporary societies, call for the need to fight them in a more successful manner. In this way, the country through its mechanisms detects the criminal offences, the criminal liability and imposes the meritorious sanction to the perpetrators of such criminal offences, in full compliance with the danger caused by them. However, the court and other parties in the proceedings in any case before (...) the sanction is imposed, are involved in a complicated evidentiary proceedings related to the grounded suspicion that such offence was a criminal offence, the special mitigating and aggravating circumstances, that the person involved was conscious, that he committed the offence intentionally or negligently, his mental state, etc. All these have to be supported by facts through conclusive pieces of evidence. In parallel with the overall development of science and technology, the evidentiary procedure has evolved and it provides a greater possibility to argue our facts. This paper shall make efforts to highlight some of the most important issues related to the evidentiary procedure, such as: What is the evidence? What evidence should be provided in a certain criminal case? What is the importance of the evidence in a criminal matter? What should be the credibility and the evidentiary value of a piece of evidence? The research done in this paper shall apply the analytical method and the paper shall also include the conclusions that were reached as well as the recommendations. (shrink)

My Representing and Intervening (1983) concludes with what it calls an experimental argument for scientific realism about entities. The argument is evidently inapplicable to extragalactic astrophysics, but leaves open the possibility that there might be other grounds for scientific realism in that domain. Here I argue for antirealism in astrophysics, although not for any particular kind of antirealism. The argument is conducted by a detailed examination of some current research. It parallels the last chapter of (1983). Both (...) represent the methodological opinion that abstract or semantic realism/antirealism debates are empty, and typically lead to confused or wrong conclusions because they pay so little attention to the details of a science. (shrink)

This essay addresses the collapse/incoherence problem for normative frameworks that contain both fundamental values and rules for promoting those values. The problem is that in some cases, we would bring about more of the fundamental value by violating the framework’s rules than by following them. In such cases, if the framework requires us to follow the rules anyway, then it appears to be incoherent; but if it allows us to make exceptions to the rules, then the framework “collapses” into one (...) that doesn’t make use of rules in the first place. The chapter begins with an examination of happiness and truth as fundamental values in Mill’s work, which lead into parallel versions of the collapse/incoherence problem in ethics and epistemology. It then sets out the collapse problem for rule-consequentialist approaches in ethics, truth-directed accounts of justification in epistemology, and epistemological approaches to argument cogency. The chapter closes with discussion of two potential solutions to the problem. (shrink)

One main goal of argumentation theory is to evaluate arguments and to determine whether they should be accepted or rejected. When there is no clear answer, a third option, being undecided, has to be taken into account. Indecision is often not considered explicitly, but rather taken to be a collection of all unclear or troubling cases. However, current philosophy makes a strong point for taking indecision itself to be a proper object of consideration. This paper aims at revealing parallels between (...) the findings concerning indecision in philosophy and the treatment of indecision in argumentation theory. By investigating what philosophical forms and norms of indecision are involved in argumentation theory, we can improve our understanding of the different uncertain evidential situations in argumentation theory. (shrink)

The transparency of perceptual experience has been invoked in support of many views about perception. I argue that it supports a form of enactivism—the view that capacities for perceptual experience and for intentional agency are essentially interdependent. I clarify the perceptual phenomenon at issue, and argue that enactivists should expect to find a parallel instance of transparency in our agentive experience, and that the two forms of transparency are constitutively interdependent. I then argue that i) we do indeed find (...) such parallels: the way in which an action is directed towards its goal through our bodily movements parallels the way in which an experience is directed towards its object through our perceptual sensation, and ii) reflecting on sensorimotor skills shows why the two instances of transparency are constitutively interdependent. Section 4 gives reasons for generalizing beyond the cases considered so far by applying the enactive view to Kohler's landmark studies of perceptual adaptation. The final section clarifies the form of enactivism to which the previous sections point. The view that emerges is one whereby our perceptual and practical skills are interrelated aspects of a single capacity to have one's mind intentionally directed upon the world. The transparency of experience, on this view, is achieved in virtue of our capacities as agents as much as it is given in virtue of our capacities as perceivers. (shrink)

In this article I set out an argument that skins and screens, once distinctly different types of surface, are merging. I show how in contemporary highly mediatized worlds skins are required to be visually expressive while also noting a parallel movement whereby screens are becoming more affective. Using the ‘designer vagina’ – specifically labiaplasty – as a case study I show how ideal bodies exist simultaneously as screen and as skin, as image and as affect. In turn, (...) I argue that two-dimensional images and three-dimensional ‘real life’ bodies are blending in ways that parallel skin–screen mergers. (shrink)

Ethical theory often starts with our intuitions about particular cases and tries to uncover the principles that are implicit in them; work on the ‘trolley problem’ is a paradigmatic example of this approach. But ethicists are no longer the only ones chasing trolleys. In recent years, psychologists and neuroscientists have also turned to study our moral intuitions and what underlies them. The relation between these two inquiries, which investigate similar examples and intuitions, and sometimes produce parallel results, is puzzling. (...) Does it matter to ethics whether its armchair conclusions match the psychologists’ findings? I argue that reflection on this question exposes psychological presuppositions implicit in armchair ethical theorising. When these presuppositions are made explicit, it becomes clear that empirical evidence can (and should) play a positive role in ethical theorising. Unlike recent assaults on the armchair, the argument I develop is not driven by a naturalist agenda, or meant to cast doubt on the reliability of our moral intuitions; on the contrary, it is even compatible with non-naturalism, and takes the reliability of intuition as its premise. The argument is rather that if our moral intuitions are reliable, then psychological evidence should play a surprisingly significant role in the justification of moral principles. (shrink)

Matt King has recently argued that the manipulation argument against compatibilism does not succeed by employing a dilemma: either the argument infelicitously relies on incompatibilist sourcehood conditions, or the proponent of the argument leaves a premise of the argument undefended. This article develops a reply to King’s dilemma by showing that incompatibilists can accept its second horn. Key to King’s argument for the second horn’s being problematic is “the parallel manipulation argument.” I argue (...) that King’s use of this argument is problematic, but I suggest that a (modified) parallel manipulation argument is effective for a different, though more restricted, purpose. (shrink)

BackgroundThis essay provides an ethical and conceptual argument for the use of informed consent prior to the diagnosis of brain death. It is meant to enable the family to make critical end-of-life decisions, particularly withdrawal of life support system and organ donation, before brain death is diagnosed, as opposed to the current practice of making such decisions after the diagnosis of death. The recent tragic case of a 13-year-old brain-dead patient in California who was maintained on a ventilator (...) for over 2 years illustrates how such a consent would have made a crucial difference.MethodsConceptual, philosophical, and ethical analysis.ResultsI first consider a conceptual justification for the use of consent for certain non-beneficial and unwanted medical diagnoses. I suggest that the diagnosis of brain death falls into this category for some patients. Because the diagnostic process of brain death lacks the transparency of traditional death determination, has a unique epistemic structure and a complex risk-benefit profile which differs markedly from case to case, and presents conflicts of interest for physicians and society, I argue that pre-diagnostic counseling and informed consent should be part of the diagnostic process. This approach can be termed as “allow cardiac death”, whose parallel logic with “allow natural death” is discussed. I also discuss potential negative impacts on organ donation and health care cost from this proposal and offer possible mitigation. I show that the pre-diagnostic counseling can improve the possibility for well-thought-out decisions regarding organ donation and terminating life-support system in cases of hopeless prognosis. This approach differs conceptually from the pluralism of the definition of death, such as those in New Jersey and Japan, and it upholds the Uniform Determination of Death Act.ConclusionsMy intention is not to provide an instant panacea for the ongoing impasse of the brain death debate, but to point to a novel conceptual ground for a more pragmatic, and more patient- and family-centered approach. By enabling the family to consent to or decline the diagnostic process of brain death, but not to choose the definition of death, it upholds the current legal definition of death. (shrink)

Hume argues that respect for property (“justice”) is a convention-dependent (“artificial”) virtue. He does so by appeal to a principle, derived from his virtue-based approach to ethics, which requires that, for any kind of virtuous action, there be a “first virtuous motive” that is other than a sense of moral duty. It has been objected, however, that in the case of justice (and also in a parallel argument concerning promise-keeping) Hume (i) does not, (ii) should not, and (...) (iii) cannot recognize such a motive. This paper defends Hume’s argument against these three objections. (shrink)

The Tibetan Buddhist logician Phya pa Chos kyi seng ge devoted a large part of his discussion on argumentation to arguments by consequence. Phya pa distinguishes in his analysis arguments by consequence that merely refute the opponent and arguments by consequence that qualify as probative. The latter induce a correct direct proof which corresponds to the reverse form of the argument by consequence. This paper deals with Phya pa’s classification of probative consequences based on the type of the logical (...) reason involved. I first establish the basis of Phya pa’s classification—the typology of logical reasons in inference-for-oneself—with a special attention to logical reasons consisting in the ‘apprehension of something incompatible [with the negandum]’ and among them the specific case of the ‘apprehension of the cause of something incompatible [with the negandum]’. The treatment of the latter is shown to be instrumental in Phya pa’s classification, as well as in explaining the divergences that occur in the models adopted by his successors, such as gTsang nag pa brTson ʾgrus seng ge and mTshur ston gZhon nu seng ge. Turning to Phya pa’s effective application of this typology when he resorts himself to arguments by consequence, I examine Phya pa’s rephrasing, in the form of four arguments by consequence, of the discussion on the relation between the two realities found in the Saṃdhinirmocanasūtra and relate it to a parallel discussion in an earlier Madhyamaka work by rGya dmar ba Byang chub grags. I compare the variant versions of these four arguments in three Madhyamaka works of Phya pa and show that the differences pertaining to the identification of the type of the logical reason result from apparently insignificant variations in the formulation of each of the arguments. In the conclusion, I discuss the potential philosophical or practical interest of such a classification. (shrink)

In Hobbes, freedom of choice requires nonfrustration: the option you prefer must be accessible. In Berlin, it requires noninterference: every option, preferred or unpreferred, must be accessible—every door must be open. But Berlin’s argument against Hobbes suggests a parallel argument that freedom requires something stronger still: that each option be accessible and that no one have the power to block access; the doors should be open, and there should be no powerful doorkeepers. This is freedom as nondomination. (...) The claim is that freedom as noninterference is an unstable alternative between freedom as nonfrustration and freedom as nondomination. (shrink)

It is sometimes suggested that impure sets are spatially co-located with their members (and hence are located in space). Sets, however, are in important respects like numbers. In particular, sets are connected to concepts in much the same manner as numbers are connected to concepts—in both cases, they are fundamentally abstracts of (or corresponding to) concepts. This parallel between the structure of sets and the structure of numbers suggests that the metaphysics of sets and the metaphysics of numbers should (...) parallel each other in relevant ways. This entails, in turn, that impure sets are not co-located with their members (nor are they located in space). (shrink)

Workplace democracy is often advocated on two intertwined views. The first is that the authority relation of employee to firm is akin to that of subject to state, such that reasons favoring democracy in the state may likewise apply to the firm. The second is that, when democratic controls are absent in the workplace, employees are liable to objectionable forms of subordination by their bosses, who may then issue arbitrary directives on matters ranging from pay to the allocation of overtime (...) and to relocation and promotion. Daniel Jacob and Christian Neuhäuser have recently submitted these views to careful criticism. They argue that the parallel between firms and states is unwarranted. For, unlike managerial authority, state authority is final. The state grants firms their legal status and subjects their authority to its regulations, which citizens in democracies already control. And they also argue that suitable workplace regulation alongside meaningful exit options may suffice to prevent, with no need for democratization, objectionable forms of workplace subjection. Neither view offers, they resolve, compelling reasons to believe that justice requires that firms be democratic. I here inspect these criticisms in turn, and offer reasons for skepticism. (shrink)

From time to time philosophers and scientists have made sensational, provocative claims that certain things do not exist or never happen that, in everyday life, we unquestioningly take for granted as existing or happening. These claims have included denying the existence of matter, space, time, the self, free will, and other sturdy and basic elements of our common-sense or naïve world-view. Around the middle of the twentieth century an argument was developed that can be used to challenge many such (...) skeptical claims based on linguistic considerations, which came to be known as the Paradigm Case Argument ... (shrink)

I present a cumulative case for the thesis that we only know propositions that are certain for us. I argue that this thesis can easily explain the truth of eight plausible claims about knowledge: -/- (1) There is a qualitative difference between knowledge and non-knowledge. (2) Knowledge is valuable in a way that non-knowledge is not. (3) Subjects in Gettier cases do not have knowledge. (4) If S knows that P, P is part of S’s evidence. (5) If S (...) knows that P, ~P is epistemically impossible for S. (6) If S knows that P, S can rationally act as if P. (7) If S knows that P, S can rationally stop inquiring whether P. (8) If S knows each of {P1, P2, … Pn}, and competently deduces Q from these propositions, S knows that Q. -/- I then argue that the skeptical costs of this thesis are outweighed by its explanatory power. (shrink)

In this excellent, clearly written, and clear sighted book, Terence Cuneo defends moral realism from a variety of different attacks. Cuneo is particularly interested in the charge that the moral facts that realists posit are suspect because they are unnatural and queer. He addresses a number of arguments against realism, not least Mackie's Argument from Queerness. What makes the book distinctive is its strategy. Cuneo is keen to show that moral facts and epistemic facts are very similar, if not (...) inseparably intertwined in many cases, and to argue that we should not find moral realism odd since we do not find epistemic realism odd. Indeed, towards the start he begins with a number of quotations from those who have cast doubt on moral realism, including Mackie, who themselves point out that there could be parallels between the moral and epistemic cases, but who do not pursue those parallels to any great degree. Cuneo aims to fill this gap, and to do so in favour of the realist. I agree entirely with Cuneo's conclusions and …. (shrink)