Political theorist Wendy Brown has argued recently that contemporary neoliberalism, with its relentless obsession on the economy, has all but undone the tenets of democracy. This book suggests one way of thinking out of the current moment, and it does so by looking to a perhaps unlikely figure: Niccolo Machiavelli. Ronald J. Schmidt, Jr. argues that if we imitate Machiavelli's interpretive method in reading The Prince and Discourses of Livy, we can find in them solutions to the neoliberal (...) problems Brown warns about. (shrink)

Jason A. Frank, Constituent Moments: Enacting the People in Postrevolutionary America, Duke University Press, ISBN - 9780822346630Vicki Hsueh, Hybrid Constitutions: Challenging Legacies of Law, Privilege and Culture in Colonial America, Duke University Press, ISBN - 9780822346180.

While the term “metacognition” is sometimes used to refer to any form of thinking about thinking, in cognitive psychology, it is typically reserved for thinking about one’s own thinking, as opposed to thinking about others’ thinking. How metacognition in this more specific sense relates to other-directed mindreading is one of the main theoretical issues debated in the literature. This article considers the idea that we make use of the same or a largely similar package of resources in conceptually interpreting our (...) own mind as we do in interpreting others’. I assume that a capacity for other-directed mindreading is minimally shared with our great-ape relatives, but I argue that the architecture of this system had to be substantially modified before it could efficiently and adaptively be turned inwards on one’s own mind. I contend that an important piece of the overall evolutionary explanation here likely concerns selection pressures arising from the domain of conversational interaction. Specifically, drawing on work carried out in the human interaction studies tradition (e.g., conversation analysis), I argue that the smooth to-and-fro of conversational interaction can be seen to heavily depend on metacommunicative capacities, which, in turn, are underpinned by metacognitive capacities. I conclude with a thumbnail sketch of an evolutionary account of the emergence of these metacognitive capacities in the human line. Their appearance and spread – whether via genes, cultural learning, or more likely, some combination of the two – helps to explain the transition from great-ape communication to human conversation. (shrink)

There is growing acceptance among language evolution researchers that an increase in our ancestors’ theory of mind capacities was critical to the origins of language. However, little attention has been paid to the question of how those capacities were in fact upgraded. This article develops a novel hypothesis, grounded in contemporary cognitive neuroscience, on which our theory of mind capacities improved as a result of an increase in our System-2 thinking capacities, in turn based in an increase in our working (...) memory capacities. I contrast this hypothesis with what would appear to be the default position among language evolution researchers, namely, that our theory of mind became more powerful as a result of genetic change to a domain-specific mindreading system which we share with other great apes. While the latter hypothesis is not implausible, it arguably enjoys less empirical support at present than does the alternative hypothesis I develop. (shrink)

Grice’s analysis of human communication has proven to be highly influential among many philosophers and cognitive scientists, both past and present. At the same time, it has long been recognized that his analysis faces some difficult objections. In particular, a number of theorists have objected to the account Grice provides of the mental states and processes of those engaged in communication. For these theorists, communication as conceived of by Grice has seemed too mentally demanding and complex to be a good (...) general model of human communication. In this article, I consider this challenge afresh from the perspective of Dan Dennett’s intentional stance theory. More specifically, I consider some recent remarks Dennett has made in this area, seeking to pin down and clarify his view. I then argue that while Dennett’s thinking is on the right track, his view stands in need of both a substantive adjustment and more positive detail. I seek to provide such improvements here. Finally, I consider some of the implications of this improved Dennettian account of Gricean communication for how great ape and human communication are related. (shrink)

In many traditional, small-scale societies, death and other misfortunes are commonly explained as a result of others’ malign occult agency. Here, we call this family of epistemic tendencies “the agential view of misfortune.” After reviewing several ethnographic case studies that illustrate this view, we argue that its origins and stability are puzzling from an evolutionary perspective. Not only is the agential view of misfortune false; it imposes costs on individuals and social groups that seem to far outweigh whatever benefits the (...) view might provide. We thus doubt that the agential view of misfortune is explainable in terms of adaptive effects. However, neither does it seem readily explainable as a consequence of belief formation strategies that are on the whole adaptive (as is plausibly the case for certain other of our false beliefs, including some that are costly). Accordingly, we contend that the commonness of the agential view of misfortune demands a special evolutionary explanation of some kind. We provide a partial explanation of this phenomenon by highlighting the adaptive benefits that often flow to occult specialists in environments where the agential view of misfortune is entrenched. What this does not explain, however, is the general lack of resistance we observe in response to occultists’ exploitative behaviours over (cultural) evolutionary timescales. We conclude by canvassing a few possible explanations for this puzzling lack of resistance, and while we commit ourselves to none, we do find one option more promising than the others. (shrink)

Kinship plays a foundational role in organizing human social behavior on both local and more global scales. Hence, any adequate account of the evolution of human sociality must include an account of the evolution of human kinship. This article aims to make progress on the latter task by providing a few key pieces of an evolutionary model of kinship systems. The article is especially focused on the connection between primate social cognition and the origins of kinship systems. I argue that (...) early conceptions of kinship in our line were very likely scaffolded by preexisting forms of primate social cognition. It was only later, as linguistic resources increased in our line, and as human social life grew more complex, that these conceptions came to resemble kin categories as we now know them. I conclude by situating “kin cognition” within a broader cognitive science framework for studying capacities that reflect both innate knowledge and human cultural learning. (shrink)

The arbitrariness of a signal has long been seen as a theoretically important but difficult to pin down notion. In this article, we suggest there are at least two different notions of arbitrariness at play in philosophical and scientific debates concerning the use of arbitrary signals, and work towards improved analyses of both. We then consider how these different types of arbitrariness can co-occur and come apart. Finally, we examine the connections between these two types of arbitrariness and the cognitive (...) complexity of signal users with an eye towards better evaluating one possible form of human-nonhuman communicative continuity. We show that each type of arbitrariness bears its own nuanced relationship to cognitive complexity, demonstrating the theoretical importance of keeping these two notions separate. (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)

A number of language evolution researchers have argued that while language as we now know it is a predominately vocal affair, early language plausibly made extensive use of gesture. Relatedly, these same researchers often claim that while modern language in general uses arbitrary symbols, it is very likely that early language made extensive use of iconicity. Anyone accepting an account of early language along these lines must therefore explain how language shifted over time from a heavily gestural and iconic communication (...) system to a predominately vocal and highly arbitrary one. This article looks at an intriguing theory advanced by Woll as to how this shift was made. We find the spirit of the theory plausible but take issue with its details. Specifically, we identify a serious tension at the core of the theory. We then go on to explore how that tension might be plausibly resolved. The result is a blueprint for a much-improved version of the theory, in our view. (shrink)

The idea that cognition makes use of one or more “languages of thought” remains central to much cognitive-scientific and philosophical theorizing. And yet, virtually no attention has been paid to the question of how a language of thought might evolve in the first place. In this article, I take some steps towards addressing this issue. With the aid of the so-called Sender–Receiver framework, I elucidate a family of distinctions and processes which enable us to see how languages of thought might (...) evolve via a series of small, incremental changes. While much work doubtlessly remains to be done in this area, I hope to at least show that there need be nothing mysterious about the existence of languages of thought on evolutionary grounds. (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)

This commentary seeks to supplement the case Quilty-Dunn et al. make for the psychological reality of languages-of-thought (LoTs) in two ways. First, it focuses on the reduced physical demands which LoT architectures often make compared to alternative architectures. Second, it embeds LoT research within a broader framework that can be leveraged to understand the evolution of LoTs.

This article explores the synthesis between the theories and practice of Humanistic Management and Self-Determination Theory of Motivation (SDT). Moving from Economistic to Humanistic Management involves considering human action as uniting internal and external dimensions, having ethics as a guide for a good life, viewing society as a community of people, and being open to beauty and transcendence. The recently elucidated 50-year legacy of SDT describes it as a truly human science of motivation that takes into consideration our attributes as (...) persons, including our capacities for awareness and self-regulation. It also focuses on one’s capacity for autonomy as it applies to individual functioning, interpersonal relationships, and societal interactions. SDT posits a continuum of motivational regulation ranging from amotivation through controlled to autonomous motivation. The current empirical study of Millennials' motivation to support local and global hunger charities based on social media communication employs the complete SDT continuum. Digitalization and globalization have fundamentally changed the nature of human communication. Millennials are central to the humanistic functioning of today’s society. The study findings of the dominance of integrated personal value autonomy demonstrates the necessity of assessing the complete set of SDT motivations in various contexts and situations. Given that SDT and Humanistic Management investigations have mainly involved corporations, one must also be open to investigating the humanistic management of non-profit social and governmental organizations. The non-greenwashed triple sustainability values of corporate, social and environmental good are pertinent targets for Humanistic Management research and Practices. (shrink)

According to one currently influential line of thinking, the evolution of ostensive communication was a prerequisite for the evolution of human language. In this article, I distinguish between a strong and a weak version of this view and offer a sustained argument against the former. More specifically, the strong version of this view would have it that ostensive communication was a prerequisite not just for the evolution of fully modern language but for any language-like system of communication. I argue that (...) this version is too strong: I show how some distinctive and important features of language may well have been assembled prior to the evolution of ostensive communication. Put another way, I argue that a protolanguage before ostensive communication scenario is a real possibility. I conclude by briefly arguing that such an evolutionary scenario coheres better with archaeological evidence from the early Pleistocene as well as evidence from developmental psychology pertaining to the nature of our mind reading abilities. (shrink)

This article addresses the question of whether early Pleistocene hominins are plausibly viewed as having possessed a protolanguage, that is, a communication system exemplifying some but not all of the distinctive features of fully modern human language. I argue that the answer is “yes,” mounting evidence from the early Pleistocene “lithics niche.” More specifically, I first describe a cognitive platform that I think would have been sufficient, given appropriate socio-ecological conditions, for the creation and retention of a protolanguage. Then, using (...) archaeological evidence pertaining to hominin lithic behavior from the early Pleistocene, I attempt to make plausible the idea that each of these cognitive abilities were in fact in place by this point in hominin evolutionary history and also that the requisite socio-ecological conditions were satisfied. (shrink)

Humans’ capacity for so-called symbolic cognition is often invoked by evolutionary theorists, and in particular archaeologists, when attempting to explain human cognitive and behavioral uniqueness. But what is meant by “symbolic cognition” is often left underspecified. In this article, I identify and discuss three different ways in which the notion of symbolic cognition might be construed, each of them quite distinct. Getting clear on the nature of symbolic cognition is a necessary first step in determining what symbolic cognition might plausibly (...) explain. (shrink)

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.

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.

This article examines some recent work by Berwick and Chomsky as presented in their book Why Only Us? Language and Evolution. As I understand them, Berwick and Chomsky’s overarching purpose is to explain how human language could have arisen in so short an evolutionary period. After articulating their strategy, I argue that they fall far short of reaching this goal. A co-evolutionary scenario linking the mechanisms that realize the language system, both with one other and with cognitive mechanisms capable of (...) exploiting linguistic expressions, is surely unavoidable. And yet this is precisely what Berwick and Chomsky in effect rule out. (shrink)

The status of genes as bearers of semantic content remains very much in dispute among philosophers of biology. In a series of papers, Nicholas Shea has argued that his ‘infotel’ theory of semantics vindicates the claim that genes carry semantic content. On Shea’s account, each organism is associated with a ‘developmental system’ that takes genetic representations as inputs and produces whole-organism traits as outputs. Moreover, at least in his most recent work on the topic, Shea is explicit in claiming that (...) these genetic representations are ‘read in ontogenetic time, in the course of individual development’. Here I argue that a close examination of the process of reading, in Shea’s sense, reveals that acts of reading do not actually occur over the course of developmental time at all. To make this vivid, I contrast the process of reading for Shea with another type of developmental process that is widely seen as a form of reading directed on inherited genes, and which certainly does occur over the course of developmental time, namely, gene expression. I suggest that this error in Shea’s thinking can be traced back to an equivocation on Shea’s part in the meaning of ‘reads’, and also to a reliance on an invalid principle regarding the transference of representational content from one token gene to another. The issues at play are bound up with questions about causation and in particular about causation over time. Thus, having first presented my arguments in a way that doesn’t depend on any particular theory of causation, I then make use of Kenneth Waters’ framework of difference-making causation to conceptually sharpen and shed further light on matters. I conclude by discussing a consequence of the fact that acts of reading do not occur in development. 1 Introduction2 Reading for Shea3 Gene Expression as Reading4 Are Genetic Representations Read in Development? Part 15 The Manipulability Theory of Causation and Difference-Making Causation6 Are Genetic Representations Read in Development? Part 27 Conclusion. (shrink)

Samuel Bowles and Herbert Gintis have argued that individual-selection accounts of human cooperation flounder in the face of the free-rider identification problem. Kim Sterelny has responded to this line of argument for group selection, arguing that the free-rider identification problem in fact poses no theoretical difficulty for individual-selection accounts. In this article, I set out to clarify Bowles and Gintis’ argument. As I see matters, the real crux of their argument is this: solving the free-rider identification problem, even in modestly (...) sized social groups, requires that group members are disposed to share social information with one another. The difficulty for individual-selection accounts, according to Bowles and Gintis, is that these accounts have no explanation for why individuals should be disposed to behave in this way. Having clarified their argument, I then turn to Sterelny’s criticism, and argue that Sterelny underestimates the challenge being raised by Bowles and Gintis. More specifically, I argue that it is unclear whether the expected benefits of having a disposition to share social information would have outweighed the expected costs for an individual belonging to a Pleistocene social group. Importantly, this is not to say that I am persuaded by Bowles and Gintis’ argument; on the contrary, what I claim is that more theoretical (and in particular) empirical work is necessary before the issues under discussion can be settled. I formulate some specific questions which I think future research in this area should aim to address. (shrink)

In October of 2009, Trevor Keezer was terminated by Home Depot for refusing to remove a pin from his uniform declaring “One Nation under God, Indivisible.” Mr. Keezer, a cashier with Home Depot, contended that the button he had worn for over one year before any action was taken by his employer expressed his support for American troops and his Christian faith. Were the actions taken by his employer warranted or was Mr. Keezer the victim of arbitrary religious discrimination unrelated (...) to job performance? Religion is becoming an increasingly polarizing issue in the workplace, forcing retail managers to balance the respective interests of employees, coworkers, and patrons of retail establishments. And from all indications, if legislation pending in Congress is enacted, maintaining the balance will become more problematic. (shrink)

ABSTRACTFast food chains such as McDonald's, KFC, and Burger King are major players in the production, marketing, and consumption of animal‐derived food throughout the world. Animal rights activists are quick to point out the link between the highly efficient factory farms that supply these chains and extreme animal cruelty and environmental degradation. Strategically, fast food is well positioned to leverage change in the methods by which animals are raised and processed for human consumption. Although progress has been made as the (...) fast food industry has responded to pressure exerted by animal rights organizations, there is little indication of true collaborative efforts that would harness the power of the market to bring about substantive changes in the way the consuming public views the issue of animal welfare and food production. (shrink)

ABSTRACTIn April of 2000, Diana Levine went to a clinic in Vermont suffering from a migraine headache. She was given the drug Demerol for the migraine symptoms and Phenergan for nausea. Complications with the administration of Phenergan ultimately resulted in Ms. Levine contracting gangrene, necessitating the amputation of her right arm. Ms. Levine sued the drug maker, Wyeth Pharmaceutical, in state court and prevailed. The lower court's decision was appealed by Wyeth to the state supreme court where the ruling was (...) confirmed. Wyeth next appealed to the U.S. Supreme Court which, to the surprise of many observers, affirmed the judgment of the state supreme court. At issue was the fundamental question of the ability of consumers to obtain redress against negligent manufacturers in state courts. Wyeth's arguments to the Court were based upon preemption: Foodand Drug Administration approval of a drug preempts the ability of injured consumers like Ms. Levine to recover in state courts despite years of precedent to the contrary. Ability to recover damages in state courts represents, perhaps, the most important safety net available to consumers injured by defective products. A ruling by the Supreme Court that FDA‐approved labeling of pharmaceuticals preempts the reach of the state courts would have severely compromised the balance of power between consumers and producers. (shrink)

Although rejecting the core values of the modern worldview, postmodernism may prove to be more blessing than bane for worshiping communities. From deconstruction to apologetics, the postmodern context calls for new ways of preaching the gospel.

This article contends that liberalism in America underwent a fundamental transformation during the Progressive Era. This transformation took place, partly, through the Progressives' reinterpretation of the doctrine of property rights that had served as a foundation for founding-era liberalism. Progressives rejected the eighteenth-century, natural-rights principles which had privileged individual rights to life, liberty, and property as the fundamental aims of any just government, and argued instead that America at the turn of the twentieth century was beset by a tyranny of (...) the minority which was employing property rights to inhibit genuine freedom for the bulk of the population. This article examines the character of founding-era liberalism and points to the connection between the political theory of the Declaration of Independence and John Locke's Second Treatise of Government. It then provides an account of the Progressive critique of this original version of American liberalism. The Progressive critique is shown to take two forms: a rejection of property rights in principle, followed by a rejection of them in practice. (shrink)

Modeling work by Brian Skyrms and others in recent years has transformed the theoretical role of David Lewis's 1969 model of signaling. The latter can now be understood as a minimal model of communication in all its forms. In this article, we explain how the Lewis model has been generalized, and consider how it and its variants contribute to ongoing debates in several areas. Specifically, we consider connections between the models and four topics: The role of common interest in communication, (...) signaling within the organism, meaning, and the evolution of human communication and language. (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)

The purpose of this paper is to critically engage with a recent attempt by Thom Scott-Phillips to offer a general account of communication. As a general account, it is intended to apply equally well to both non-human and human interactions which are prima facie communicative in character. However, so far, Scott-Phillips has provided little detail regarding how his account is supposed to apply to the latter set of cases. After presenting what I take to be the most plausible way of (...) filling in those details, I argue that his account would appear to be too narrow: it fails to capture a range of human interactions which strike us as instances of communication. To wit, these are cases in which some but not all of the information an act is designed to convey to a reactor actually reaches that reactor. An alternative account incorporating Scott-Phillips’ main insights is then sketched, and it is suggested that this account, or something like it, would accommodate the full range of non-human and human interactions that are intuitively communicative. (shrink)