“Gettier cases” have played a major role in Anglo-American analytic epistemology over the past fifty years. Philosophers have grouped a bewildering array of examples under the heading “Gettier case.” Philosophers claim that these cases are obvious counterexamples to the “traditional” analysis of knowledge as justified true belief, and they treat correctly classifying the cases as a criterion for judging proposed theories of knowledge. Cognitive scientists recently began testing whether philosophers are right about these cases. It turns out that philosophers were (...) partly right and partly wrong. Some “Gettier cases” are obvious examples of ignorance, but others are obvious examples of knowledge. It also turns out that much research in this area of philosophy is marred by experimenter bias, invented historical claims, dysfunctional categorization of examples, and mischaracterization by philosophers of their own intuitive judgments about particular cases. Despite these shortcomings, lessons learned from studying “Gettier cases” are leading to important insights about knowledge and knowledge attributions, which are central components of social cognition. (shrink)

Questions of privacy have become particularly salient in recent years due, in part, to information-gathering initiatives precipitated by the 2001 World Trade Center attacks, increasing power of surveillance and computing technologies, and massive data collection about individuals for commercial purposes. While privacy is not new to the philosophical and legal literature, there is much to say about the nature and value of privacy. My focus here is on the nature of informational privacy. I argue that the predominant accounts of privacy (...) are unsatisfactory and offer an alternative: for a person to have informational privacy is for there to be limits on the particularized judgments that others are able to reasonably make about that person. (shrink)

The present study examined the effects of semantic structure on simple inductive judgments about category members. For a particular category, subjects were told that one of the species had a given property and were asked to estimate the proportion of instances in the other species that possessed the property. The results indicated that category structure—in particular, the typicality of the species—influenced subjects' judgments. These results were interpreted by models based on the following assumption: When little is known about (...) the underlying distribution of a property, subjects assume that the distribution mirrors that of better-known properties. For this reason, if subjects learn that an unknown property is possessed by a typical species, they are more likely to generalize than if the same fact had been learned about an atypical species. (shrink)

A growing body of research has examined how people judge the persistence of identity over time—that is, how they decide that a particular individual is the same entity from one time to the next. While a great deal of progress has been made in understanding the types of features that people typically consider when making such judgments, to date, existing work has not explored how these judgments may be shaped by normative considerations. The present studies demonstrate that normative (...) beliefs do appear to play an important role in people's beliefs about persistence. Specifically, people are more likely to judge that the identity of a given entity remains the same when its features improve than when its features deteriorate. Study 1 provides a basic demonstration of this effect. Study 2 shows that this effect is moderated by individual differences in normative beliefs. Study 3 examines the underlying mechanism, which is the belief that, in general, various entities are essentially good. Study 4 directly manipulates beliefs about essence to show that the positivity bias regarding essences is causally responsible for the effect. (shrink)

Competing metaethical theories are sometimes cast as alternative ways of responding to an inconsistency between two apparent features of moral judgments, viz., that they are truth-apt expressions of belief and that they have motivational force. I argue that this is an oversimplification that fails to address some important data that can be accommodated on the basis of a straightforward “good reasons” account of “ought” judgments that explains why certain of these judgments have motivational force will others do (...) not. This solution applies equally to all “ought” judgments regardless of whether they are advanced from the moral point of view, so it is not threatened by the existence of amoralists or moral nihilists. And it does not in its own right involve a commitment to any particular metaethical theory. This shows that the problem of motivation does not provide a good framework for the major metaethical debates. (shrink)

This thesis offers a fresh interpretation and defense of epistemological disjunctivism about perceptual knowledge. I adopt a multilevel approach according to which perceptual knowledge on one level can enjoy factive rational support provided by perceptual knowledge of the same proposition on a different level. Here I invoke a distinction Ernest Sosa draws between ‘judgmental’ and ‘merely functional’ belief to articulate what I call the bifurcated conception of perceptual knowledge. The view that results is a form of epistemological disjunctivism about perceptual (...) knowledge specifically at the higher judgmental level, layered over a straightforward externalism about perceptual knowledge at the lower merely functional level. The first chapter orients the reader to epistemological disjunctivism— with particular emphasis on the ‘reflective epistemological disjunctivism’ defended by Duncan Pritchard with inspiration from John McDowell. Here I review the arguments for thinking such a proposal true, as well as highlight some problems and three emerging challenges for the view: what I call the internalist challenge, the new access challenge, and the ‘new evil genius’ challenge. These challenges largely inspire the chapters to follow. In the second chapter I present the positive proposal: a fresh interpretation of epistemological disjunctivism in terms of perceptual knowledge at the specifically judgmental level. I argue that this is a modification that epistemological disjunctivists should adopt since it inoculates their view against the internalist challenge: the challenge of explaining why perception should provide one with knowledge by providing one with motivating reasons for belief. In the third chapter I motivate the view further in connection with the more familiar ‘basis problem’ for epistemological disjunctivism. I argue that this approach supports a unique strategy for solving that problem: one that is consistent both with what is known as ‘the entailment’ thesis and the thought that we can reduce perceptual knowledge to a kind of rationally supported belief. In the fourth chapter I move to playing defense. I defend the proposal against the so-called ‘new evil genius’ challenge. This is the challenge to explain why subjects in pairs of ‘good’ and ‘bad’ cases can seem equally justified for sustaining their perceptual beliefs. I argue that what we are being sensitive to here, rather, is the fact that both subjects can be equally epistemically responsible and/or reasonable for believing what they do. Before concluding this chapter I also offer an error theory. In the fifth chapter I defend the proposal against the new access challenges raised in chapter one. These alleged challenges for epistemological disjunctivism arise specifically for versions of reflective epistemological disjunctivism that hold that one’s rational support for perceptual beliefs is not only factive but reflectively accessible as well. Rather than address the challenges head on, I try to dislodge the thought they depend upon—viz., that one’s factive rational support for perceptual beliefs is reflectively accessible to the subject. Here I argue that the reflective accessibility of one’s factive rational support is actually a wheel turning idly in the debate with the underdetermination-based radical sceptic—so that we can simply drop it without consequence. The result is an epistemological disjunctivism that is immune to access problems. I then offer a final summary and conclude. At the end of this thesis I have attached an appendix, which is an excursion into religious epistemology and an exploration of a form of religious epistemological disjunctivism. Here I apply the epistemological disjunctivist insight to the case of religious perception in order to defend the idea that one can offer independent rational support for theistic belief by appealing to religious beliefs that are justified on the basis of religious experiences. This appendix chapter is in keeping with the general spirit of the thesis insofar as it seeks to developed epistemological disjunctivism in new and fruitful directions. (shrink)

It has long been claimed that moral judgements are dominated by reason. In recent years, however, the tide has turned. Many psychologists and philosophers now hold the view that there is a close empirical association between moral judgements and emotions. In particular, they claim that emotions (1) co-occur with moral judgements, (2) causally influence moral judgements, (3) are causally sufficient for moral judgements, and (4) are causally necessary for moral judgements. At first sight these hypotheses seem well-supported. In this paper (...) I show, however, that appearances are deceiving. If one considers the relevant scientific studies in detail, one finds that in many interpretations the above hypotheses are either not supported or even contradicted by the available evidence. This conclusion is significant both for our understanding of moral judgements qua empirical phenomena and for normative ethics and metaethics. (shrink)

The COVID-19 pandemic created enormously difficult decisions for individuals trying to navigate both the risks of the pandemic and the demands of everyday life. Good decision making in such scenarios can have life and death consequences. For this reason, it is important to understand what drives risk assessments during a pandemic, and to investigate the ways that these assessments might deviate from ideal risk assessments. In a preregistered online study of U.S. residents (N = 841) using two blocks of vignettes (...) about potential COVID exposure scenarios, we investigated the effects of moral judgment, importance, and intentionality on COVID infection risk assessments. Results demonstrate that risk judgments are sensitive to factors unrelated to the objective risks of infection. Specifically, activities that are morally justified are perceived as safer while those that might subject people to blame or culpability, are seen as riskier, even when holding objective risk fixed. Similarly, unintentional COVID exposures are judged as safer than intentional COVID exposures. While the effect sizes are small, these findings may have implications for public health and risk communications, particularly if public health officials are themselves subject to these biases. (shrink)

To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web-based technology, we collected a large data set on individuals' responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, both resulting in lives saved and lives lost. Results showed that: (1) patterns of (...) moral judgments were consistent with the principle of double effect and showed little variation across differences in gender, age, educational level, ethnicity, religion or national affiliation (within the limited range of our sample population) and (2) a majority of subjects failed to provide justifications that could account for their judgments. These results indicate that the principle of the double effect may be operative in our moral judgments but not open to conscious introspection. We discuss these results in light of current psychological theories of moral cognition, emphasizing the need to consider the unconscious appraisal system that mentally represents the causal and intentional properties of human action. (shrink)

Several studies have shown that preference is not necessarily synonymous with choice. In particular, the most preferred object from a set of objects presented in a non—choice context is not necessarily chosen when the same objects are options in a choice situation (Lichtenstein & Slovic, 1971, 1973; Tversky, Sattah, & Slovic, 1988) . Our research on the choice—preference discrepancy replicates these findings and thus bears some resemblance to the study by Tversky, Sattah, and Slovic (1988). Two competing explanations are tested.

The COVID-19 pandemic has brought the live music industry to an abrupt halt; subsequently, musicians are looking for ways to replicate the live concert experience virtually. The present study sought to investigate differences in aesthetic judgments of a live concert vs. a recorded concert, and whether these responses vary based on congruence between musical artist and piece. Participants made continuous ratings of their felt pleasure either during a live concert or while viewing an audiovisual recorded version of the same (...) joint concert given by a university band and a United States Army band. Each band played two pieces: a United States patriotic piece and a non-patriotic piece. Results indicate that, on average, participants reported more pleasure while listening to pieces that were congruent, which did not vary based on live vs. lab listening context: listeners preferred patriotic music when played by the army band and non-patriotic music when played by the university band. Overall, these results indicate that felt pleasure in response to music may vary based on listener expectations of the musical artist, such that listeners prefer musical pieces that “fit” with the particular artist. When considering implications for concerts during the COVID-19 pandemic, our results indicate that listeners may experience similar degrees of pleasure even while viewing a recorded concert, suggesting that virtual concerts are a reasonable way to elicit pleasure from audiences when live performances are not possible. (shrink)

This chapter explores the concept of judgmentalism: what it is and why it’s morally problematic. After criticizing an account offered by Gary Watson, the paper argues for a broader understanding of what it is to be judgmental, encompassing not just the overall beliefs that we form about someone else, but also the very pattern of our thoughts about those with whom we are involved in interpersonal relationships. The thesis is that to care about someone is to be oriented toward them, (...) or to see them through a particular mental lens, in a way that produces a particular pattern of salience and silence. That is: caring about someone (at least ideally) has the effect of making some features of that person particularly salient, and silencing or screening off other features from one’s consciousness. One is aptly described as judgmental when one’s thoughts do not display this sort of pattern, indicating a failure to fully adopt the orientation that constitutes properly caring about the person. (shrink)

The topics covered in this volume, originally published in 1973, include the need for a more adequate concept or definition of education, the issue of whether indoctrination is compatible with education, particularly with moral education, and the processes of judging the merits of different approaches to aesthetic education. Two contributors present complementary analyses of the relations between freedom as a characteristic of institutions and the process of learning to be a free man. There is discussion of the neglected subject of (...) rights and duties in education, with special emphasis on the question of a universal right to education. The volume concludes with papers on the relevance of philosophy to the practical judgments of educators and to education as a field of study. (shrink)

The topics covered in this volume, originally published in 1973, include the need for a more adequate concept or definition of education, the issue of whether indoctrination is compatible with education, particularly with moral education, and the processes of judging the merits of different approaches to aesthetic education. Two contributors present complementary analyses of the relations between freedom as a characteristic of institutions and the process of learning to be a free man. There is discussion of the neglected subject of (...) rights and duties in education, with special emphasis on the question of a universal right to education. The volume concludes with papers on the relevance of philosophy to the practical judgments of educators and to education as a field of study. (shrink)

: To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web-based technology, we collected a large data set on individuals’ responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, both resulting in lives saved and lives lost. Results showed that: patterns of (...) moral judgments were consistent with the principle of double effect and showed little variation across differences in gender, age, educational level, ethnicity, religion or national affiliation and a majority of subjects failed to provide justifications that could account for their judgments. These results indicate that the principle of the double effect may be operative in our moral judgments but not open to conscious introspection. We discuss these results in light of current psychological theories of moral cognition, emphasizing the need to consider the unconscious appraisal system that mentally represents the causal and intentional properties of human action. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Concepts, Judgments, and Unity in Kant's Metaphysical Deduction of the Relational Categories CHARLES NUSSBAUM 1. INTRODUCTION TO ANY ATTENTIVEREADERof the section of the Critique of Pure Reason' known as the "Metaphysical Deduction of the Categories" (A67/B92-A83/B to9), one paragraph in that section stands out particularly by virtue of its special importance for Kant's developing argument: The same function Which gives unity to the various representations in ajudgment also (...) gives unity to the mere synthesis of various representations in an intuition; and this unity, in its most general expression, we entitle the pure concept of the understanding. The same understanding, through the same operations by which in concepts, by means of analytical unity, it produced the logical form of a judgment, also introduces a transcendental content into its representations, by means of the synthetic unity of the manifold of intuition in general.... (CPR A79/B loS) The importance of this paragraph is, however, more than equaled by its difficulties, which center on the question of how the function which operates by means of analytical unity can be the same as one that operates by means of the synthetic unity of the manifold of intuition in general. Put shortly, the problem is this. If the functions are really the same, then how do we distinguish at all between analytic and synthetic operations? But if they are different, then how can these forms of judgment serve as a clue for the discovery of the categories? ' Immanuel Kant, Critiqueof Pure Reason, trans. Norman KempSmith (London: Macmillan and Co., Ltd., 1963).Hereafter CPR. [89] 9~ JOURNAL OF THE HISTORY OF PHILOSOPHY 28:1 JANUARY 1990 The results of this dilemma which can be observed in the literature are not surprising: commentators tend to grasp one horn or the other. They either emphasize the difference between analysis and synthesis, and reject or dilute the claims as to sameness of function; or they take seriously Kant's argument concerning sameness of functions, and try to minimize the difference between analysis and synthesis. The major twentieth-century representant of the former approach is Kemp Smith," and of the latter, Paton. 3 This latter approach has found a formidable contemporary champion in the person of Henry Allison. By Allison's own admission,4 however, his position on this controversial topic was suggested (in part) by arguments first put forward over fifty years ago by Klaus Reich in a most remarkable book entitled Die Volls~ndigkeit der Kantischen Urteilstafel, 5 a book, by the way, also greatly admired by Paton. 6 In the first section of this paper I will try to show that Reich's arguments are rather more subtle than Allison apparently takes them to be, and that Reich is one commentator who attempts to go between the horns of the dilemma described above, and who essays an interpretation of our crucial paragraph that unifies its seemingly divergent tendencies. In the second section of the paper I will introduce some interpretive elements of my own. 2. Let us begin by reacquainting ourselves with Kant's notion of analytical unity, one aspect of this debate which is not particularly controversial and is largely agreed upon by all parties. For Kant, analytical unity is the sort of unity achieved by all general concepts (conceptus communes) insofar as they abstract from all differences that subsist between the objects under them, or the lower concepts subordinated to them. 7 A general concept unifies these objects or concepts by means of a common mark or set of marks. Thus Kant's example at CPR A69/B94 of the unification of bodies under the concepts 'body' and 'divisible' is a perfectly representative instance of unification via analytical unity, as the function upon which such concepts "rest." Let us note that the " Norman KempSmith,A CommentarytoKant's "Cr/t~rueofPureReason"(NewYork:HumanitiesPress, 196~). 3 H.J. Paton, Kant's MetaphysicofExperience, 2 vols.(London:George Allenand Unwin,Ltd., 1936). 4 Henry Allison,Kant's TranscendentalIdealum (NewHaven:YaleUniversityPress, 1983), 144 n. 3o. Hereafter KTI. 5 KlausReich,Die Vollst~ndigkeitderKantischenUrteilstafel,3rd. ed. (Hamburg: Meiner, 1986). Hereafter VKU. 6 Paton, Kant's Metaphysic, 1:302. Kant, we should note, does not makethis important logicaldistinctionbetweensubordination... (shrink)

The ``doctrinal paradox'' or ``discursive dilemma'' shows that propositionwise majority voting over the judgments held by multiple individuals on some interconnected propositions can lead to inconsistent collective judgments on these propositions. List and Pettit (2002) have proved that this paradox illustrates a more general impossibility theorem showing that there exists no aggregation procedure that generally produces consistent collective judgments and satisfies certain minimal conditions. Although the paradox and the theorem concern the aggregation of judgments rather than (...) preferences, they invite comparison with two established results on the aggregation of preferences: the Condorcet paradox and Arrow's impossibility theorem. We may ask whether the new impossibility theorem is a special case of Arrow's theorem, or whether there are interesting disanalogies between the two results. In this paper, we compare the two theorems, and show that they are not straightforward corollaries of each other. We further suggest that, while the framework of preference aggregation can be mapped into the framework of judgment aggregation, there exists no obvious reverse mapping. Finally, we address one particular minimal condition that is used in both theorems – an independence condition – and suggest that this condition points towards a unifying property underlying both impossibility results. (shrink)

At present, the theoretical approaches of Baumgarten and Kant continue to constitute the framework for discussing the nature of aesthetic judgments about art, including the question of what such judgments are really articulating. In distinction to those two eighteenth-century theorists, today we would largely avoid an assumption that aesthetic judgments necessarily attribute beauty to the objects being judged; we would as a rule take a far more complex approach to the topic. But whatever we say about art, (...) even today many theorists wish to ground aesthetic judgments in particularities of the aesthetic object, like Baumgarten, or in specific moments of the aesthetic experience, like Kant. (shrink)

The Acquaintance Principle is the principle according to which judgements concerning the aesthetic value of a work of art proffered by a critic must be based on the critic’s experience(s) or acquaintance with the work itself. The possible exception to this principle would be experiences obtained through other means of transmissibility, related in a particular way to the work in question, that can eventually provide the critic with an adequate basis for judging the artwork. However, recent philosophers claimed that some (...) works of conceptual art show the principle to be false. I argue that, if properly understood, the Acquaintance Principle is a truism, that works of conceptual art do not pose any particular problem to it, and also suggest some implications of the principle. (shrink)

Recent work on evaluative discourse and judgements of personal taste in particular has focused on active interpersonal disagreements. I explore the communicative import of judgements of taste: why we issue them, why we sometimes get involved in disputes about taste, and what acceptance or rejection of such judgements consists of. The view developed here – that the core use of such judgements lies in seeking to align our attitudes in view of a shared project – makes it plausible that the (...) use of a sentence of the form ‘a is F’ (where F is a predicate of taste) semantically expresses the simple, semantically articulated proposition that a is F, is subject to an unrelativized truth predicate and not enriched by personal standards or perspectives. Our model shows that personal standards or perspectives are, contrary to a widely shared assumption in the debate, not the entities or objects that require coordination. What is shared among interlocutors are projects that require the coordination of the participant’s strategic choices. The semantically articulated proposition functions as a focal point, proposed by the speaker, for coordinating their choices. (shrink)

By transcendental aesthetic, Kant means “the science of all principles of a priori sensibility” (A 21/B 35). These, he argues, are the laws that properly direct our judgments of taste (B 35 – 36 fn.), i.e. our aesthetic judgments as we ordinarily understand that notion in the context of contemporary art. Thus the first part of the Critique of Pure Reason, entitled the Transcendental Aesthetic, enumerates the necessary presuppositions of, among other things, our ability to make empirical (...) class='Hi'>judgments about particular works of art. These presuppositions are sensible rather than intellectual because on Kant’s view, all intellection that considers objects of any kind, whether abstract or concrete, must at base connect to actual, material objects with which we come into direct contact; and this we can do only through sensibility (A 19/B 33). Thus the following discussion explores what Kant claims must be true of us in order to make the sorts of aesthetic judgments we make, rather than any particular class or quality of aesthetic judgments itself. On Kant’s view, what must be true of us in order to make aesthetic judgments is not different from what must be true of us in order to make any other kind of judgment about empirical objects. (shrink)

Philosophers have accused locke of holding a view about propositions that simply conflates the formation of a propositional thought with the judgment that a proposition is true, and charged that this has obviously absurd consequences.1 Worse, this account appears not to be unique to Locke: it bears a striking resemblance to one found in both the Port-Royal Logic (the Logic, for short) and the Port-Royal Grammar. In the Logic, this account forms part of the backbone of the traditional logic expounded (...) in the text. As a result, the account’s alleged faults seem to seriously threaten the coherence and value of the whole approach to logic. And to the extent that Locke’s core philosophical commitments, in particular his .. (shrink)

In a single framework, I address the question of the informational basis for evaluating social states. I particularly focus on information about individual welfare, individual preferences and individual (moral) judgments, but the model is also open to any other informational input deemed relevant, e.g. sources of welfare and motivations behind preferences. In addition to proving some possibility and impossibility results, I discuss objections against using information about only one aspect (e.g. using only preference information). These objections suggest a multi-aspect (...) informational basis for aggregation. However, the multi-aspect approach faces an impossibility result created by a lack of inter-aspect comparability. The impossibility could be overcome by measuring information on non-cardinal scales. (shrink)

Racist beliefs express value judgments. According to an influential view, value judgments are subjective, and not amenable to rational adjudication. In contrast, we argue that the value judgments expressed in, for example, racist beliefs, are false and objectively so. Our account combines a naturalized, philosophical account of meaning inspired by Donald Davidson, with a prominent social-psychological theory of values pioneered by the social-psychologist Milton Rokeach. We use this interdisciplinary approach to show that, just as with beliefs expressing (...) descriptive judgments, beliefs expressing value judgments have empirical content, or can be inferentially linked to beliefs that do; the truth or falsity of that content can be objectively assigned; and that assignment is amenable to rational assessment. While versions of this objective view of value judgments have been defended by moral realists of various metaphysical stripes, our argument has the virtue of appealing, instead, to accounts that are as naturalistically informed as possible. And, unlike the influential subjective view of value judgments, and racist beliefs more particularly, our arguments are better able to account for instances where rational, persuasive strategies have been effective in reducing the ubiquity of racism in American culture. (shrink)

By transcendental aesthetic, Kant means “the science of all principles of a priori sensibility” (A 21/B 35). These, he argues, are the laws that properly direct our judgments of taste (B 35 – 36 fn.), i.e. our aesthetic judgments as we ordinarily understand that notion in the context of contemporary art. Thus the first part of the Critique of Pure Reason, entitled the Transcendental Aesthetic, enumerates the necessary presuppositions of, among other things, our ability to make empirical (...) class='Hi'>judgments about particular works of art. These presuppositions are sensible rather than intellectual because on Kant's view, all intellection that considers objects of any kind, whether abstract or concrete, must at base connect to actual, material objects with which we come into direct contact; and this we can do only through sensibility (A 19/B 33). Thus the following discussion explores what Kant claims must be true of us in order to make the sorts of aesthetic judgments we make, rather than any particular class or quality of aesthetic judgments itself. On Kant's view, what must be true of us in order to make aesthetic judgments is not different from what must be true of us in order to make any other kind of judgment about empirical objects. This last point is worth emphasizing, in order to correct an interpretation of Kant's account of aesthetic judgment in the Critique of Judgment that wrongly reads Kant as claiming that aesthetic judgments do not have to satisfy the same basic requirements of judgment that any other kind of judgment also must satisfy, such as the synthetic subsumption of such objects under certain necessary and hard-wired concepts of understanding, the internal coherence of such judgments with other, non-aesthetic ones of a more abstract and comprehensive character, the unified consciousness within which such judgments are intelligibly made, and the like. Of course Kant recognizes the special character of aesthetic judgments and unpacks it in the... (shrink)

Over the last several decades legal scholars have plumbed law's rhetorical life. Scholars have done so under various rubrics, with law and literature being among the most fruitful venues for the exploration of law's rhetoric and the way rhetoric shapes law. Today, new approaches are shaping this exploration. Among the most important of these approaches is the turn toward history and toward what might be called an 'embedded' analysis of rhetoric in law. Historical and embedded approaches locate that analysis in (...) particular contexts, seeking to draw our attention to how the rhetorical dimensions of legal life works in those contexts. Rhetorical Processes and Legal Judgments seeks to advance that mode of analysis and also to contribute to the understanding of the rhetorical structure of judicial arguments and opinions. (shrink)

In narrative contexts, people often find themselves mentally rooting for “bad guys.” These circumstances lead to questions about how Sunstein's moral heuristics function during narrative experiences. In particular, must people undertake explicit moral analysis for the heuristics to apply?

At the outset of this discussion, I undertook to present an argument from design which would follow Swinburne's example in making use of a priori judgments, while avoiding some of the objections which have been posed in response to his treatment of these issues. So we need to ask: how does this approach to the question of design compare with Swinburne's?Swinburne argues that a chaotic world is a priori more likely than an ordered world: this consideration provides one central (...) reason, on his account, for giving an explanation of some sort for the world's regularity. The other central argument he advances for this claim is the argument from analogy (in terms of the coins) which we noted earlier. The approach I have taken offers an alternative route to this same conclusion. In particular, it substitutes the simpler a priori judgments recorded in (i) and (ii) for the rather difficult and contentious claim that chaos is a priori more likely than order. In place of this claim, I have offered the judgment that order, or recurrence, is more likely given the activity of a common source or common kind of source than otherwise: this proposal does not commit us to a view either way on the question of whether order is a priori likely per se. Moreover, in place of Swinburne's analogical argument, I have offered an a priori approach, with the advantages I have noted.Given that recurrence is to be explained, we might ask: why offer an explanation in terms of design? On this point, Swinburne argues, for instance, that no other explanation of temporal regularity is even possible a priori. Again, the a priori principles which I have used, in (iv) and (v), may be less ambitious, but at the same time more persuasive. In support of this same idea, Swinburne also cites various ideas to do with the predictive power of the idea of design. I have tried to bring out the role of this sort of consideration in terms of my principle (v). Principle (iv) has no place in Swinburne's account, in view of his reliance on the principle of simplicity as a measure of prior probability.Lastly, we may ask: if we are to cite a designer, are there reasons for attributing to this agent more powers than are needed for the production of the effect to be explained? On this point, Swinburne cites the principle of simplicity. Again, my approach avoids what has proved to be a relatively controversial judgment about the nature of a priori probabilities, offering in place of the principle of simplicity the less ambitious principle recorded in (iii). At this point, I have moreover inverted the logical sequence of Swinburne's argument: it seems to me that, in the ways I have indicated, it is helpful to consider the extent of the powers of the source of recurrence before addressing the question of design.In these various ways, I hope I have made good my undertaking to present an argument which avoids some of the controversy surrounding the particular measures of a priori probability which figure in Swinburne's argument. Moreover, I hope that this approach provides an indication of how a priori judgments may function in a relatively unproblematic way within an argument from design, in so far as (i)–(v) are all rather modest proposals. In sum, the argument I have presented is distinguished by its explicit use of the a priori judgments recorded in (i)–(v), by its attempt to buttress in this fashion analogical forms of argument, and by the logical role it gives to the idea that the source of regularity possesses more powers than are required for the production of this effect.Lastly, we might ask: how persuasive is this argument? Of course, the cogency of the idea of design depends upon the balance of debate in other areas of the philosophy of religion, especially upon our ability to provide some account of the existence of evil. In this paper, I have been concerned to argue simply that recurrence by kind provides evidence for design: I have not addressed the question of whether other features of the world provide good evidence against the idea of (benevolent) design. However, if we confine our attention to this one phenomenon, there is it seems to me good evidence for the idea of design, (i) and (ii) suggest that recurrence surely calls for some explanation; (iii), together with the existence in nature of statistical irregularities, suggests that whatever provides this explanation could have brought about other effects besides; and design seems the only clear explanation of why this effect should have been brought about, if (as I have argued) analogies drawn from vegetable and animal reproduction fail, and if we cannot explain the effect satisfactorily by reference to the conditions of observation. Moreover, I have argued that there are reasons for supposing that the probability a priori of design is relatively high in relation to the probability a priori of any rival hypothesis of equivalent predictive power. In brief, this is because the design hypothesis (unlike the hypothesis of theism) can cite an agent of relatively indeterminate power in order to account for the phenomenon to be explained. In this regard, it is less ‘precisely defined’ than any rival hypothesis of equivalent predictive power. If all of this is so, then as philosophers from early times have supposed, temporal regularity provides the basis for a powerful argument in favour of design. It remains true, of course, that its import can be judged in full only when we have taken into account the relevance of other phenomena, many of which are apparently less favourable to the idea of design. (shrink)

The role of academic satisfaction on persistence and successful academic behavior has been the focus of research for decades. Nevertheless, driven by positive educational psychology, subjective well-being has been highlighted as another central feature in the academic path of students. Studies aimed at identifying the variables that contribute to explain different aspects of academic performance have been widely investigated, although studies aimed at identifying the determinants of subjective well-being are still limited. The present paper examined the contribution of AS (...) class='Hi'>judgments on subjective well-being. To this end, it was hypothesized that SWB levels depend on the balance between positive/negative emotions and life satisfaction judgments. Furthermore, it was stipulated that AS has an indirect contribution on SWB, through life satisfaction, whereas the balance of emotions influences both AS judgments and life satisfaction. Using an analysis strategy based on structural equation modeling, the results indicated that the model fitted satisfactorily, explaining 32% of the variance of SWB. Particularly, it was observed that AS judgments contributed to life satisfaction judgments. Although no direct contribution of AS on SWB was reported, a total contribution partially mediated by life satisfaction judgments was revealed. These findings support the importance of academic satisfaction judgments, not only because of their importance in academic terms, but also because of their impact on university students’ subjective well-being and health. (shrink)

Different judgments by Christian communities on issues in sexual ethics involve different weightings of various sources of moral authority, different understandings of the normativity of the natural, and different assessments of the scope of freedom to be exercised in relation to the goods of marriage. These fundamental differences of interpretation can be exemplified by the ongoing Roman Catholic discussion of the legitimacy of voluntary sterilization in certain “hard cases.” The contributors to this issue of Christian Bioethics, in their spirited (...) exchange on that issue, exemplify the need for careful attention to the ways that differences of theological emphasis and moral method lead to different judgments in particular cases, both within and between particular Christian communities. (shrink)

This paper examines the tensions in classical liberal theory ? particularly that of Locke and Kant ? between reason and conscience, and in contemporary liberal theory between the demands of reasonableness and the dictates of conscience. We intend to show that the relationship between reasonableness and conscience is both unstable and necessary; on occasions there seems to exist a moral obligation to provide public reasons for our conduct and at other times the silent call of conscience precludes public justification of (...) conscientious objection or dissent. (shrink)

This paper describes the nature of aesthetic judgments and the justifications that underpin these, with a particular focus on the theory of aesthetics set out by Kant in the Critique of Judgment. It argues that judgments of self often take the form of aesthetic judgments, that such judgments are prevalent in the psychotherapeutic discourse, and that this has major implications for the type of dialogue that is required in therapy. Such a dialogue shares many of the (...) characteristics of art criticism, but may be supported by scientific empiricism. Recent research on the interaction between emotion and cognition is reviewed and implications for therapeutic change are discussed. The paper concludes that aesthetic philosophy provides a common ground for emotion, cognition, ethics, and a sense of the meaningfulness of life. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Fitness, Fatness, and Aesthetic Judgments of the Female Body:What the AMA Decision to Medicalize Obesity means for other Non–Normal Female BodiesSara R. Jordan“I’ll be happy to refer you to our dietician to get you on a program to help you get your weight under control before it becomes a problem”.As my new physician spun around out of the examination room door, my head spun faster. I had heard (...) the phrase “get your weight under control” twice that morning, but the contexts in which the phrase was uttered could not have been more different.At 7:30 a.m., my fitness trainer was imploring me to get my weights under control as I struggled under a bar, laden with slightly less than my body weight, to do a final set of front squats. At 11:15 a.m., my new general practitioner was imploring me to get my weight under control, by which he meant to learn how to reduce my body mass index (BMI) to match the chart prominently displayed on his office wall. The exhortation to get my weight under control meant such radically different things in these two contexts that it was difficult to comprehend the meaning of the phrase.I am 5’4” and 158 pounds. This gives me a BMI of 27.3, which means that I am considered overweight; right in the middle of the category of overweight. Or, according to the definition of the BMI found on the calculator pinned to the National Heart Lung and Blood Institutes (NHLBI) webpage, I am over fat. If the BMI is, “a measure of body fat based on height and weight that applies to adult men and women” then I carry a health–threatening percentage of body fat. If my fitness trainer, with his 12 point skin–fold caliper test is correct, my body fat percentage of 17% is within the limits expected of female (non–endurance) athletes. In terms of health, then, I am a paradox: according to one standard, I am healthy and fit, according to another, I am unhealthy and fat.As this new physician picked apart my weight, suggesting I should lose between 15 and 20 pounds to bring myself to “full health”, I found myself quite annoyed. He was a small, rail thin, man with greying hair, tired eyes, unpressed khakis, and a beaten pair of black–ish grey “Crocs” on his feet. He looked disheveled and as if he had not seen the inside of a weights room in his life. As I listened to him address my history, current vitals, and how being overweight in my 30s could lead to being [End Page 101] “fat and 40”, I looked him over and made a snap judgment of “I could bench (press) you [right out this window]”. While I was angry with his delivery, I tried to remind myself that he was an overworked physician in a multi–lingual office, trying to operate under a new paradigm in healthcare policy, practice, and diagnostic categories. Specifically, prompted by the medicalization of the condition of obesity by the American Medical Association, my physician was reflecting the professional wisdom that I suffer from a condition needing preventive treatment. He was trying to be a good practitioner to recommend preventive treatment, but to me, he was being a terrible physician.The AMA Declares Obesity a DiseaseThe declaration by the American Medical Association in 2013 that the condition of being obese is one that requires medical treatment is one that I, on the face of it, support. By inviting the medicalization of the condition, the AMA opens the door for individuals who wage a deeply personal battle with their weight to find support in their physicians’ offices and from their insurance companies. Yet, the blunt tools that are used to assess these conditions raise my ire, emotionally and intellectually.Intellectually, the use of the BMI calculator for snap diagnosis of all individuals makes easy sense. It is an easily comprehended tool and, for a normally distributed population, such a simple tool is an excellent choice. But, it stands to treat outliers like me poorly. Outliers, such as particularly fit... (shrink)

This study compares the attitudes to ethical dilemmas of first year business students in Malaysia and New Zealand by using a series of scenarios or vignettes. Between subject manipulations were made to the scenarios given, based on expected cultural differences suggested in the literature. In particular, Hofstede's (1980, 1983 and 1991) work was used as a framework to identify dimensions based on differences in national culture. The results indicated some differences in responses based on both nationality and ethnic origin. Differences (...) were also found as a result of the manipulations within the scenarios. However, a lack of any interaction effects between the manipulations and both nationality and ethnic origin indicated that cultural differences did not lead to different responses to the manipulations. (shrink)

Several factors have been put forward to explain the variability of moral judgments for superficially analogous moral dilemmas, in particular in the paradigm of trolley cases. In this paper we elaborate on Mikhail's view that (i) causal analysis is at the core of moral judgments and that (ii) causal judgments can be quantified by linguistic methods. According to this model, our moral judgments depend both on utilitarian considerations (whether positive effects outweigh negative effects) and on a (...) representation of the causal structure of the action (whether the negative effects are essentially side-effects rather than main goals). However, the exact contribution of each factor, as well as the precise way in which causal considerations interact with utilitarian considerations, has yet to be quantified and investigated. We present several variations on trolley dilemmas in which subjects had to assess the morality of the action and to evaluate their preference between two competing descriptions of the scene (.. (shrink)

The authors challenge the reigning “causal power framework” as an explanation for whether a particular outcome was actually caused by a specific potential cause. They test a new measure of causal attribution in two experiments by embedding the measure within the Structure Induction model of Singular Causation (SISC, Stephan & Waldmann, 2016).

According to cognitive non-naturalism, normative judgments are standard beliefs that purport to be about non-natural properties. An influential plurality of normative theorists, including non-naturalist realists, error theorists and skeptics, share this view. But it is mistaken. For it predicts an epistemic profile for normative judgments that they do not have. In particular, they are not disposed to extinguish in light of accepted evidence that the any non-natural properties are absent, and they are not disposed to come into existence (...) in light of accepted evidence for any non-natural property. So normative judgments might be beliefs, and there might be non-natural properties, but normative judgments are not beliefs about non-natural properties. (shrink)

Languages differ systematically in how to encode a motion event. English characteristically expresses manner in verb root and path in verb particle; in Chinese, varied aspects of motion, such as manner, path and cause, can be simultaneously encoded in a verb compound. This study investigates whether typological differences, as such, influence how first and second language learners conceptualise motion events, as suggested by behavioural evidences. Specifically, the performance of Chinese learners of English, at three proficiencies, was compared to that of (...) two groups of monolingual speakers in a triads matching task. The first set of analyses regarding categorisation preferences indicates that participants across groups preferred the path-matched (rather than manner-matched) screens. However, the second set of analyses regarding reaction time suggests, firstly, that English monolingual speakers reacted significantly more quickly in selecting the manner-matched scenes compared with monolingual speakers of Chinese, who tended to use an approximately equal amount of time in making manner- and path-matched decisions, a finding that can arguably be mapped onto the typological difference between the two languages. Secondly, the pattern of response latency in low-level L2 learners looked more like that of monolingual speakers of Chinese. Only at intermediate and advanced levels of acquisition did the behavioural pattern of L2 learners become target-like, thus suggesting language-specific constraints from the L1 at an early stage of acquisition. Overall, our results suggest that motion event cognition may be linked to, among other things, the linguistic structure of motion description in particular languages. (shrink)

In an era characterized by fast technological progress that introduces new unpredictable scenarios every day, working in the law field may appear very difficult, if not supported by the right tools. In this respect, some systems based on Artificial Intelligence methods have been proposed in the literature, to support several tasks in the legal sector. Following this line of research, in this paper we propose a novel method, called PRILJ, that identifies paragraph regularities in legal case judgments, to support (...) legal experts during the redaction of legal documents. Methodologically, PRILJ adopts a two-step approach that first groups documents into clusters, according to their semantic content, and then identifies regularities in the paragraphs for each cluster. Embedding-based methods are adopted to properly represent documents and paragraphs into a semantic numerical feature space, and an Approximated Nearest Neighbor Search method is adopted to efficiently retrieve the most similar paragraphs with respect to the paragraphs of a document under preparation. Our extensive experimental evaluation, performed on a real-world dataset provided by EUR-Lex, proves the effectiveness and the efficiency of the proposed method. In particular, its ability of modeling different topics of legal documents, as well as of capturing the semantics of the textual content, appear very beneficial for the considered task, and make PRILJ very robust to the possible presence of noise in the data. (shrink)

Baron assumes that ethical decision-making can be evaluated without specifying more general features of the cognitive system within which it occurs. It is suggested that ethical principles are heuristics employed during goal-oriented action planning. Heuristics are bound to generate suboptimal decisions in some cases. It is rational to replace a particular heuristic only when the cost of associated error exceeds the cost of constructing and installing a more successful alternative.

When we judge an action as morally right or wrong, we rely on our capacity to infer the actor's mental states. Here, we test the hypothesis that the right temporoparietal junction, an area involved in mental state reasoning, is necessary for making moral judgments. In two experiments, we used transcranial magnetic stimulation to disrupt neural activity in the RTPJ transiently before moral judgment and during moral judgment. In both experiments, TMS to the RTPJ led participants to rely less on (...) the actor's mental states. A particularly striking effect occurred for attempted harms : Relative to TMS to a control site, TMS to the RTPJ caused participants to judge attempted harms as less morally forbidden and more morally permissible. Thus, interfering with activity in the RTPJ disrupts the capacity to use mental states in moral judgment, especially in the case of attempted harms. (shrink)

The author sets a goal to show the specificity of the formulation of universal prescriptive judgments about a virtuous act in the framework of Aristotelian ethical doctrine. To achieve this goal, Aristotle’s philosophy concept of practical wisdom is analyzed. It shows a necessity to distinguish the use of practical wisdom in a personal experience of the act and for forming the inter-subjective practical knowledge about making of a virtuous act. The specificity of ethics as practical knowledge and its difference (...) from individual moral experience are defined by means of the distinction of the use of practical wisdom. It also shows the limitations of practical syllogism as the main rational mechanism for the formation of inter-subjective practical knowledge. Additionally, the universal prescriptive judgments are divided into informative and functional: the former reveals the content of the action, the latter – its structure, that is, the former defines what a person must do, the latter defines what an action should be to comply with the right purpose, consequently, the right content. At the same time, the right content is recognized only in individual experience and can not be expressed universally, without losing its practical value. The author concludes that the formulation of informative universal prescriptive judgments is impossible within the framework of Aristotelian ethical doctrine. It is impeded by the unsolvable problem of the correlation between the general and the particular, the transition from descriptive judgments to prescriptive judgments. However, it is possible to formulate functional universal prescriptive judgments. They also constitute the methodological basis for criticism of the accepted in society moral norms, which are based on the past positive experience of actions. (shrink)

Virtue ethics has now well and truly established itself as one of the main normative theories. It is now quite common, and indeed, expected, for virtue ethics to be included, alongside deontology and consequentialism, in any Moral Philosophy syllabus worth its salt. Students are typically introduced to virtue ethics only after studying the other two normative theories, and this often sets the scene for various sorts of misunderstandings, with students expecting virtue ethics to be based on the same set of (...) rules and assumptions as its rivals. Or at least, that is my experience. In this paper I want to focus on one such misunderstanding, which arises when trying to apply virtue ethics to our judgments of other people’s actions and behaviour. Although there are countless ways in which a theory can be misunderstood, it is worth guarding against this one in particular, given that it can lead someone who takes virtue ethics seriously to act in ways that are not virtuous, or even vicious. I begin by making a few remarks about the role of normative theory, and then go on to give four examples of how applying virtue ethics can lead to poor behaviour. In the final section I identify the mistake in question and conclude by noting how it can be avoided. (shrink)

This article examines whether the gender balance on the High Court of Australia has disrupted the gender regime. In so doing it considers the first lead judgments of the three women judges who sat concurrently on the High Court of Australia between 2009 and early 2015. The High Court has adopted an interesting informal practice of welcoming new judges whereby the newest member authors the lead judgment and their judicial colleagues offer a one-line concurrence. The way in which judicial (...) authority is conferred in these judgments is reminiscent of the space in political spheres where an incumbent has their first opportunity to set out their identity and agenda in a speech free of the noise of dissent or debate; the ‘maiden’ speech. In that space the price an incumbent pays for comity is conformity. This article contends that the first judgment is a useful way of situating a discussion about women judges’ contributions vis-à-vis difference by querying the extent to which the woman judge can ever shake-off her status as the maiden bound to conform for the sake of comity. (shrink)

Easy of learning judgments occur before active learning begins, and it is a prediction of how difficult it will be to learn new material in future learning. This study compared the amplitude of event-related potential components and brain activation regions between high and low EOL judgments by adopting ERPs with a classical EOL judgment paradigm, aiming to confirm the ease-of-processing hypothesis. The results showed that the magnitudes of EOL judgments are affected by encoding fluency cues, and the (...) judgment magnitude increases with encoding fluency; low EOL judgments are associated with higher N400 amplitude at the left superior frontal gyrus and left middle frontal gyrus. High EOL judgments showed enlarged slow-wave potentials than low EOL judgments at the left medial temporal lobe, right ventromedial prefrontal cortex, and dorsolateral prefrontal cortex. Our results support the ease-of-processing hypothesis, particularly, by affirming that EOL judgments are affected by encoding fluency in two processing stages. N400 reflects the process of acquiring encoding fluency cues, while slow-wave indicates that individuals use encoding fluency cues for metacognitive monitoring. (shrink)

The question of transtemporal identity of objects in general and persons in particular is an important issue in both philosophy and psychology. While the focus of philosophers traditionally was on questions of the nature of identity relation and criteria that allow to settle ontological issues about identity, psychologists are mostly concerned with how people think about identity, and how they track identity of objects and people through time. In this article, we critically engage with widespread use of inferring folk (...) class='Hi'>judgments of identity from study participants’ use of proper names in response to experimental vignettes. We provide reasons to doubt that using this method one can reliably infer judgments of numerical identity over time and transformations. We also critically examine allegedly-Kripkean justification of this method and find it lacking. Merely assuming that names are rigid designators will not help. A study participant’s use of proper names can be taken to track the participant’s identity judgments only if supported by the participant’s belief that names used in the scenario are used rigidly. (shrink)

CEO compensation has received much attention from both academics and regulators. However, academics have given scant attention to understanding judgments about CEO compensation by third parties such as investors. Our study contributes to the ethics literature on CEO compensation by examining whether judgments about CEO compensation are influenced by two aspects of a company’s tone at the top—social ties between the CEO and members of the Executive Compensation Committee and the CEO’s Reputation, particularly for financial reporting and disclosures. (...) Although, stock exchanges such as NASDAQ require ECC members to be independent, CEOs still may have social connections to the ECC. In addition, CEOs develop a reputation for the quality of their company’s financial reporting and disclosures. We expect both CEO Social Ties and CEO Reputation to impact say-on-pay judgments, and that fairness perceptions about the CEO compensation will mediate the relationship. We conduct an experiment to test our hypotheses. In this study, we employ a two by two experimental design where we manipulate CEO Social Ties with members of the ECC and CEO Reputation for the quality of financial reporting disclosures . Participants were MBA students who provided a say-on-pay judgment , and judgments about the fairness of the CEO’s compensation. Results indicate that CEO Social Ties affected participants’ say-on-pay judgments, which were fully mediated by their perceptions about fairness of the CEO’s compensation. Further, the CEO’s Reputation also affected participants’ say-on-pay judgments, which were fully mediated by their perceptions about fairness of the CEO’s compensation. Implications for research and public policy are presented. (shrink)

At A71/B96–7 Kant explains that singular judgements are ‘special’ because they stand to the general ones as Einheit to Unendlichkeit. The reference to Einheit brings to mind the category of unity and hence raises a spectre of circularity in Kant’s explanation. I aim to remove this spectre by interpreting the Einheit-Unendlichkeit contrast in light of the logical distinctions among universal, particular and singular judgments shared by Kant and his logician predecessors. This interpretation has a further implication for resolving a (...) controversy over the correlation between the logical moments of quantity (universal, particular, singular) and the categorial ones (unity, plurality, totality). (shrink)

Since Tversky argued that similarity judgments violate the three metric axioms, asymmetrical similarity judgments have been particularly challenging for standard, geometric models of similarity, such as multidimensional scaling. According to Tversky, asymmetrical similarity judgments are driven by differences in salience or extent of knowledge. However, the notion of salience has been difficult to operationalize, especially for perceptual stimuli for which there are no apparent differences in extent of knowledge. To investigate similarity judgments between perceptual stimuli, across (...) three experiments, we collected data where individuals would rate the similarity of a pair of temporally separated color patches. We identified several violations of symmetry in the empirical results, which the conventional multidimensional scaling model cannot readily capture. Pothos et al. proposed a quantum geometric model of similarity to account for Tversky's findings. In the present work, we extended this model to a more general framework that can be fit to similarity judgments. We fitted several variants of quantum and multidimensional scaling models to the behavioral data and concluded in favor of the quantum approach. Without further modifications of the model, the best-fit quantum model additionally predicted violations of the triangle inequality that we observed in the same data. Overall, by offering a different form of geometric representation, the quantum geometric framework of similarity provides a viable alternative to multidimensional scaling for modeling similarity judgments, while still allowing a convenient, spatial illustration of similarity. (shrink)