In «Naturalized Epistemology and the Law of Evidence Revisited», the original target article for the various refutations that I comment on here, I revisited through a slightly different lens the subject of the article that I coauthored with Brian Leiter close to twenty years ago. That article has prompted four responses from Professors Pardo, Spellman, Muffato, and Enoch. Professors Pardo and Spellman basically accept the implications of the original article and offer useful but friendly amendments. Prof. Muffato apparently does not (...) want to dispute over my ground and so changes the subject, and in doing so offers a number of interesting points. Only the fourth, Prof. Enoch, has the same doubts about the utility of my original article as I do of the genre that gave rise to it. I can thus be quite brief in discussing professors Pardo, Spellman, and Muffato, but it will take bit more effort to lay out the limits of Prof. Enoch’s analysis. (shrink)

We revisit Naturalized Epistemology and the Law of Evidence, published twenty years ago. The evolution of the relative plausibility theory of juridical proof is offered as evidence of the advantage of a naturalized approach to the study of the field and law evidence. Various alternative explanations of aspects of juridical proof from other disciplines are examined and their shortcomings described. These competing explanations are similar in their reductive, a priori approaches that are at odds with an empirically oriented naturalized approach. (...) The shortcomings of the various a priori approaches are driven by their common methodological commitments to employing weird hypotheticals to engage in intuition mining about the American legal systems that in turn ignore important aspects of the actual legal systems and consistently make impossible epistemological demands. As a result, both their descriptions of and prescriptions for American legal systems are implausible, unlike the relative plausibility theory. (shrink)

This chapter presents the text of a lecture on the Industrial Revolution in Great Britain given at the British Academy's 2009 Keynes Lecture in Economics. This text suggests that the Industrial Revolution was Britain's response to the global economy that emerged after 1500 and that Britain's success in world trade resulted in one of the most urbanised economies in Europe with unusually high wages and cheap energy prices. The text here also highlights the contribution of Britain in the invention of (...) the steam engine and the cotton spinning machines and in scientific discoveries relating to atmospheric pressure. (shrink)

Legal scholarship exploring the nature of evidence and the process of juridical proof has had a complex relationship with formal modeling. As evident in so many fields of knowledge, algorithmic approaches to evidence have the theoretical potential to increase the accuracy of fact finding, a tremendously important goal of the legal system. The hope that knowledge could be formalized within the evidentiary realm generated a spate of articles attempting to put probability theory to this purpose. This literature was both insightful (...) and frustrating. Much light was shed on the legal system, but it also quickly became evident that the tools of probability theory were in many ways ill-constructed for the task. Fundamental incompatibilities between the structure of legal decision making and the extant formal tools were identified, and it became evident that many of the purported explanations of legal phenomena were internally inconsistent. As a consequence, interest in this type of formal modeling declined, and attention was directed toward different kinds of explanations of the phenomena. Perhaps under the influence of a recent trend toward various types of formal modeling in legal scholarship, a recent burst of articles, rather than attempting to explain the macro structure of trials, which was the previous object of interest, attempts to quantify the probative value of various items of evidence in ways consistent with the formal features of various probability theories, and then to study decision making from that perspective. For example, the value of evidence is often purported to be its likelihood ratio, that is, the probability of discovering or receiving the evidence given a hypothesis (e.g., the defendant did it) divided by the probability of discovering or receiving the evidence given the negation of the hypothesis (the defendant didn't do it). Alternatively, the value of evidence is purported (more contextually) to be the information gain it provides, defined as the increase in probability it provides for a hypothesis above the probability of the hypothesis based on the other available evidence. Both conceptions then assume that all of the various probability assessments conform or ought to conform to the dictates of Bayes' theorem (that maintains consistency among such assessments); empirical studies are then done testing the extent to which this is so and proposing how the law can increase the probability that it is so. The general criticisms of using Bayes' theorem as a formal model of juridical proof are well known and were integral to the last wave of interest in formal modeling of the evidentiary process. This paper thus for the most part puts aside that more general issue, and focuses specifically on mathematical modeling of the value of particular items of evidence. The paper demonstrates that formal modeling has only limited value in explaining the value of legal evidence, much more limited than those constructing and discussing the models assume, and thus that the conclusions they draw about the value of evidence are unwarranted. This is done through a discussion of four recent examples that attempt to quantify evidence relating to, respectively, carpet fibers, infidelity, DNA random-match evidence, and character evidence used to impeach a witness. This article thus makes two contributions. First, and most importantly, it is another demonstration of the complex relationship between algorithmic tools and legal decision making. Second, at a minimum it points out serious pitfalls for analytical or empirical studies of juridical proof. (shrink)

In this book, R.E. Allen provides a translation of the 'Parmenides' along with a structural analysis that procedes on the assumption that formal elements, logical and dramatic, are important to its interpretation and that the argument of the Parmenides is aporetic, a statement of metaphysical perplexities.

This volume of new essays energizes a growing movement in film theory which questions and seeks to overturn many of the assumptions that have governed film theory for the last twenty years. The book brings together film scholars and philosophers in a united commitment to the standards of argumentation that characterize analytic philosophy rather than a single doctrinal approach. The essays address such topics as authorship, emotion, ideology, representation, and expression in film.

Did Plato abandon, or sharply modify, the Theory of Forms in later life? In the Phaedo, Symposium, and Republic it is generally agreed that Plato held that universals exist. But in Parmenides, he subjected that theory to criticism. If the criticism were valid, and Plato knew so, then the Parmenides marks a turning point in his thought. If, however, Plato became aware that there are radical differences in the logical behaviour of concepts, and the later dialogues are a record of (...) his attempt to analyse those differences, then Plato’s thought can be said to have moved in a new and vitally important direction after the Parmenides . Studies in Plato’s Metaphysics brings together twenty essays by leading philosophers from the UK and the USA reflecting upon this important issue and upon the questions arising from it. (shrink)

Nicomachean Ethics/NE, Book III, Chapters 1-5, provides Aristotle’s account of “Voluntary Movement.” It, thus, draws the Passion-Action distinction, only posited earlier in Categories, while also serving as the linchpin of NE’ discussion of Virtue, in explicitly connecting it to Right Reason. My explication of this text renders its terminology consistent with the Law of Excluded Middle and rebuts two criticisms of the Eudaimonistic Axiology on which it is based. These results are shown to be entailments of Aristotle’s doctrine that Voluntary (...) is (a) Relative. That categorization is then used to help treat a problematic case of Deliberation beyond his purview. (shrink)

Rich with historical and cultural value, these works are published unaltered from the original University of Minnesota Press editions.

Drawing on Aristotle’s notion of “ultimate responsibility,” Robert Kane argues that to be exercising a free will an agent must have taken some character forming decisions for which there were no sufficient conditions or decisive reasons.¹ That is, an agent whose will is free not only had the ability to develop other dispositions, but could have exercised that ability without being irrational. To say it again, a person has a free will just in case her character is the product of (...) decisions that she could have rationally avoided making. That one’s character is the product of such decisions entails ultimate responsibility for its manifestations, engendering a free will. (shrink)

2. The Meno offers a dramatic demonstration of the validity of the first argument put forward for Anamnesis and the immortality of the soul in the Phaedo.

Journal of Political Philosophy, EarlyView.

The probabilistic account of juridical proof meets insurmountable problems. A better explanation of juridical proof is that it is a form of inference to the best explanation that involves the comparative plausibility of the parties’ stories. In addition, discrete evidentiary matters such as relevance and probative value are also best understood as involving inference to the best explanation rather than being probabilistic.

There are widespread concerns about the mental health implications of the pandemic, particularly among university students, an already at-risk population for poor mental health. This study looked at 1,281 UK university students, recruited through the Prolific website. Participants were asked to complete the Attitudes towards COVID-19 Scale, the CORE-10, the PERMA Profiler, the GAD-7 and the Office for National Statistics wellbeing questions (ONS4). The first survey was conducted between May 14th and 16th, when the UK was in national lockdown. The (...) second survey was carried out between June 26th and July 15th. There was only an 11% attrition rate between the two time points. Well-being improved overall between the two time points. Some findings were contradictory as overall well-being, anxiety and levels of flourishing improved, but reports of psychological distress increased. It is also important to note that levels of positivity about the pandemic increased as time went on. There was evidence that higher levels of positivity were linked to better mental health outcomes. Encouraging a positive mindset and outlook in students, probably through positive psychology-based interventions, might act as a protective factor against severe mental illness. The wider relevance and practical implications for higher education are discussed. (shrink)

This distinction has sometimes been read as purely epistemic, resting not on things, but on our knowledge of them: there is one world, not two, though it may be apprehended in two ways. But this view is patently at odds with the text. Knowledge and opinion are δυνάμεις, "faculties," to be distinguished and defined by their objects, no less than by the state of mind they produce, and Plato clearly states that the fallibility and unclearness of opinion is rooted in (...) the relative unreality of opinables. (shrink)

Drawing on Aristotle’s notion of “ultimate responsibility,” Robert Kane argues that to be exercising a free will an agent must have taken some character forming decisions for which there were no sufficient conditions or decisive reasons. That is, an agent whose will is free not only had the ability to develop values and beliefs besides those that presently make up her motives, but could have exercised that ability without being irrational. An agent wills freely, on this view, by beingultimately responsible (...) for how she is currently disposed to act. Kane needs, then, to show how an agent could be responsible for decisions that her deliberations did not guarantee. He must also explain how a decision for which there is no decisive reason could yet be rational, assuming that the responsibility engendering decisions forming the basis of a free will would be rational. I shall argue here that Kane has achieved neither of these goals. (shrink)

I demonstrate here that it is possible for an event to be identical with one of its proper parts, refuting the key premise in Lawrence Lombard's argument for the essentiality of an event's time. I also propose and defend an alternative to his criterion of event identity.

Did Plato abandon, or sharply modify, the Theory of Forms in later life? In the _Phaedo, Symposium, _and _Republic_ it is generally agreed that Plato held that universals exist. But in Parmenides, he subjected that theory to criticism. If the criticism were valid, and Plato knew so, then the _Parmenides_ marks a turning point in his thought. If, however, Plato became aware that there are radical differences in the logical behaviour of concepts, and the later dialogues are a record of (...) his attempt to analyse those differences, then Plato’s thought can be said to have moved in a new and vitally important direction after the _Parmenides_. _Studies in Plato’s Metaphysics_ brings together twenty essays by leading philosophers from the UK and the USA reflecting upon this important issue and upon the questions arising from it. (shrink)

This brief essay explores how understanding the treatment of expert evidence requires engaging with its legal and political contexts, and not just focusing on its epistemological aspects. Although the law of evidence and thus its treatment of experts is significantly informed by epistemological considerations, it is also informed by concerns over the organization of trials, larger issues of intelligent governance, social concerns, and enforcement issues. These five aspects to the law of evidence give rise to principles to guide the explicit (...) structuring of the law of evidence that are identified here as well. This complexity helps to explain why the central issue of expert testimony is not the epistemological one of knowledge and belief but instead the conflict between educational and deferential modes of trial. (shrink)

Plato's 'Euthyphro' is important because it gives an excellent example of Socratic dialogue in operation and of the connection of that dialectic with Plato's earlier 'Theory of Forms'. This edition of the dialogue provides a translation with interspersed commentary.

Projecting Illusion offers a systematic analysis of the impression of reality in the cinema and the pleasure it gives to the film spectator. Film provides a compelling experience that can be considered as a form of illusion akin to the experience of day-dream and dream. Examining the concept of illusion and its relationship to fantasy in the experience of visual representation, Richard Allen situates his explanation within the context of an analytical criticism of contemporary film and critical theory. He argues (...) that many contemporary film theorists correctly identify the significance of the impression of reality, although their explanation of it is incorrect because of an invalid philosophical understanding of the relationship between the mind, representation and reality. Offering a clear presentation and critique of the central arguments of contemporary film and critical theory, Allen also touches on fundamental issues in current discourses of philosophy, art history and feminist theory. (shrink)

This pioneering work investigates the profound implications of Wittgenstein's philosophy to the practice, theory and criticism of the arts. The essays exemplify Wittgenstein's method of conceptual investigation and highlight his notion of philosophy as a cure.

The probabilistic account of juridical proof meets insurmountable problems. A better explanation of juridical proof is that it is a form of inference to the best explanation that involves the comparative plausibility of the parties’ stories. In addition, discrete evidentiary matters such as relevance and probative value are also best understood as involving inference to the best explanation rather than being probabilistic.

R T Allen; ‘Because I Say So!’ Some Limitations Upon the Rationalisation of Authority, Journal of Philosophy of Education, Volume 21, Issue 1, 30 May 2006, Page.

R T Allen; ‘Because I Say So!’ Some Limitations Upon the Rationalisation of Authority, Journal of Philosophy of Education, Volume 21, Issue 1, 30 May 2006, Page.

Research has shown that adults can engage in cognitive offloading, whereby internal processes are offloaded onto the environment to help task performance. Here, we investigate an application of this approach with children, in particular children with poor working memory. Participants were required to remember and recall sequences of colors by placing colored blocks in the correct serial order. In one condition the blocks were arranged to facilitate cognitive offloading (i.e., grouped by color), whereas in the other condition they were arranged (...) randomly. Across two experiments (total N = 166) the ordered condition improved task performance for children with low working memory ability. In addition, participants in Experiment 2 rated the difficulty of the two arrangements and performed a further condition in which they were given an opportunity to freely arrange the blocks before completing the task. Despite performing better in the ordered condition, children with low working memory ability did not rate the ordered arrangement as easier, nor did they choose an ordered arrangement when given the opportunity to do so. This research shows that cognitive offloading can also be a useful process in populations other than typical adults, and the implications of this work for supporting children with poor working memory are discussed. (shrink)

Drawing on Aristotle’s notion of “ultimate responsibility,” Robert Kane argues that to be exercising a free will an agent must have taken some character forming decisions for which there were no sufficient conditions or decisive reasons. That is, an agent whose will is free not only had the ability to develop values and beliefs besides those that presently make up her motives, but could have exercised that ability without being irrational. An agent wills freely, on this view, by beingultimately responsible (...) for how she is currently disposed to act. Kane needs, then, to show how an agent could be responsible for decisions that her deliberations did not guarantee. He must also explain how a decision for which there is no decisive reason could yet be rational, assuming that the responsibility engendering decisions forming the basis of a free will would be rational. I shall argue here that Kane has achieved neither of these goals. (shrink)

Forty years ago, Vaughn Ball demonstrated that the then received notion of conditional relevance served no useful purpose, as it would only come into effect if the probability of an element were 0.0. But, if the probability of an element were 0.0, a directed verdict would be in order and so once again conditional relevancy was doing no work. I extended that analysis to include the relationship between proffers of evidence and facts of consequence to demonstrate that the work that (...) conditional relevancy was supposedly doing was isomorphic to that done by relevancy in all significant ways, and yet the Federal Rules of Evidence provide different standards for the two situations to determine admissibility. I thus proposed an amendment to FRE 104(b) to provide for the same standard to be applied to ‘relevancy’ and ‘conditional relevancy’. In a recent article, Matthew Kotzen appears to subject this work to intense scrutiny and criticism, yet at the same time reaches, so far as I can tell, identical conclusions. This raises the question, which I examine, whether this is an example of cross-disciplinary difficulties in communication. (shrink)