We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law" - rules that vary person by person - will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, (...) the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. (shrink)

I use a theorem from machine learning, called the “No Free Lunch” theorem to support the claim that non-epistemic values are essential to theory choice. I argue that NFL entails that predictive accuracy is insufficient to favor a given theory over others, and that NFL challenges our ability to give a purely epistemic justification for using other traditional epistemic virtues in theory choice. In addition, I argue that the natural way to overcome NFL’s challenge is to use non-epistemic values. If (...) my argument holds, non-epistemic values are entangled in theory choice regardless of human limitations and regardless of the subject matter. Thereby, my argument overcomes objections to the main lines of argument revealing the role of values in theory choice. At the end of the paper, I argue that, contrary to common conception, the epistemic challenge arising from NFL is distinct from Hume’s problem of induction and other forms of underdetermination. (shrink)

In this paper I present and defend a highly demanding principle of justice in education that has not been seriously discussed thus far. According to the suggested approach, “all the way equality”, justice in education requires nothing short of equal educational outcome between all individual students. This means not merely between equally able children, or between children from different groups and classes, but rather between all children, regardless of social background, race, sex and ability. This approach may seem implausible at (...) first, due to the far-reaching implications it entails, primarily its requirement to deny better-off children their advantage for the sake of equality. However the paper argues that all-the-way-equality, in fact, does a better job realizing the goals of justice in education than alternative conceptions of justice. It is further argued that at least some of the principle’s most radical consequences, those that make it seem counterintuitive, can be mitigated by balancing all-the-way-equality with competing interests. (shrink)

Erdelyi's two key tenets – that repression may be conscious (“suppression”) and that it is context-sensitive – resonate well with findings on unipolar depression. Drawing from this field, I argue that (1) “oppression,” namely, pressure from significant others to refrain from attending to certain mental contents, influences individuals' repression/suppression; and that, (2) individuals actively create the very contexts that facilitate their repression/suppression.

Computer simulation of an epistemic landscape model, modified to include explicit representation of a centralized funding body, show the method of funding allocation has significant effects on communal trade-off between exploration and exploitation, with consequences for the community’s ability to generate significant truths. The results show this effect is contextual, and depends on the size of the landscape being explored, with funding that includes explicit random allocation performing significantly better than peer review on large landscapes. The article proposes a way (...) of incorporating external institutional factors in formal social epistemology, and offers a way of bringing such investigations to bear on current research policy questions. 1Introduction2Theoretical Background3Model Description4Simulation Details 4.1Simulating the epistemic landscape4.2Simulating agents4.3Simulating communal knowledge4.4Simulating funding strategies4.5Simulating merit dynamics5Results and Discussion 5.1Experiment 1: The winner-takes-it-all mechanism only5.2Experiment 2: All dynamic mechanisms5.3Experiment 3: Adding a new funding mechanism 5.4Experiment 4: Varying the degree of myopia5.5Experiment 5: Variability of individual epistemic gain5.6Experiment 6: Likelihood of renewal6Discussion7Conclusion. (shrink)

Computer simulation of an epistemic landscape model, modified to include explicit representation of a centralized funding body, show the method of funding allocation has significant effects on communal trade-off between exploration and exploitation, with consequences for the community’s ability to generate significant truths. The results show this effect is contextual, and depends on the size of the landscape being explored, with funding that includes explicit random allocation performing significantly better than peer-review on large landscapes. The paper proposes a way of (...) incorporating external institutional factors in formal social epistemology, and offers a way of bringing such investigations to bear on current research policy questions. (shrink)

Pluralism about scientific method is more-or-less accepted, but the consequences have yet to be drawn out. Scientists adopt different methods in response to different epistemic situations: depending on the system they are interested in, the resources at their disposal, and so forth. If it is right that different methods are appropriate in different situations, then mismatches between methods and situations are possible. This is most likely to occur due to method bias: when we prefer a particular kind of method, despite (...) that method clashing with evidential context or our aims. To explore these ideas, we sketch a kind of method pluralism which turns on two properties of evidence, before using agent-based models to examine the relationship between methods, epistemic situations, and bias. Based on our results, we suggest that although method bias can undermine the efficiency of a scientific community, it can also be productive through preserving a diversity of evidence. We consider circumstances where method bias could be particularly egregious, and those where it is a potential virtue, and argue that consideration of method bias reveals that community standards deserve a central place in the epistemology of science. (shrink)

In 2013 the Health Research Council of New Zealand began a stream of funding titled 'Explorer Grants', and in 2017 changes were introduced to the funding mechanisms of the Volkswagen Foundation 'Experiment!' and the New Zealand Science for Technological Innovation challenge 'Seed Projects'. All three funding streams aim at encouraging novel scientific ideas, and all now employ random selection by lottery as part of the grant selection process. The idea of funding science by lottery has emerged independently in several corners (...) of academia, including in philosophy of science. This paper reviews the conceptual and institutional landscape in which this policy proposal emerged, how different academic fields presented and supported arguments for the proposal, and how these have been reflected in actual policy. The paper presents an analytical synthesis of the arguments presented to date, notes how they support each other and shape policy recommendations in various ways, and where competing arguments highlight need for further analysis or more data. In addition, it provides lessons for how philosophers of science can engage in shaping science policy, and in particular highlights the importance of mixing complementary expertise: it takes a village to raise policy. (shrink)

This article tackles Giorgio Agamben's critique of Michel Foucault's genealogy of governmentality in two ways: first, by presenting an alternative model of the relations between pastoral and theological economy and, second, by conducting a genealogy of the former as revealed in the state of exception, when canon law is suspended. Following the author's genealogy of oikonomia in the state of exception, he argues that politics and economy are distinct from one another by virtue of the fact that the primary relation (...) of the latter is one of inclusion while that of the former is one of exclusion. Finally, the author traces three of oikonomia's prolific qualities in the operation of governmentality in civil society and of market economy: its inclusiveness; the constant representation of the irreconcilability of law and authority; and its operation by accommodating to the ways of the governed. (shrink)

The article reviews the uses of the term ‘oikonomia’ in Greek-speaking antiquity and illustrates how the term was used in all spheres of human existence and in various arts and sciences, usually denoting the prudent dispensation of the field resources. In this era the arts and sciences also received their own economies, and the term oikonomia, designating in most cases the prudent management of resources, appears in political theory, military strategy, law, finance, medicine, literary criticism, architecture, music, history and rhetoric. (...) Among all the spheres, arts and sciences that were economized, the story of oikonomia in the field of rhetoric is at the center of this article’s attention. As shown, the concept of oikonomia took an intermediate form between the realm of thought – that is, the domain of philosophy – and the realm of public speech – the domain of politics. (shrink)

There are now several proposals for introducing random elements into the process of funding allocation for research, and some initial implementation of this policy by funding bodies. The proposals have been supported on efficiency grounds, with models, including social epistemology models, showing random allocation could increase the generation of significant truths in a community of scientists when compared to funding by peer review. The models in the literature are, however, fairly abstract. This paper introduces some of the considerations that are (...) required to build on the modelling work towards a fully-fledged policy proposal, including issues of cost and fairness. (shrink)

The importance of education and its profound effect on people's life make it a central issue in discussions of distributive justice. However, promoting distributive justice in education comes at a price: prioritising the education of some, as is often entailed by the principles of justice, inevitably has negative effects on the education of others. As a result, all theories of distributive justice in education face the challenge of balancing their requirements with conflicting interests. This article aims to contribute to developing (...) an account of conflicting interests by identifying a category of conflicting interests—non-positional conflicting interests—the realisation of which does not necessarily disrupt distributive justice. Non-positional conflicting interests include, for example, the interest in realising one's full potential and parents’ interest in familial relations. The article argues that the core dimensions of non-positional conflicting interests can usually be realised without upsetting distributive justice, and that actions that do upset distributive justice tend to be peripheral to these interests. Either way, there is no severe friction between distributive justice and non-positional conflicting interests: in the former cases, both are realised simultaneously. In the latter, tension exists; however, because the infringement on the conflicting interest is of relatively little weight, it is often justified, all things considered, in order to promote distributive justice. The conclusion is that while there are indeed cases in which distributive justice must retreat in the face of other interests, the friction between distributive justice and other interests is actually weaker than meets the eye. (shrink)

Scholars and lawmakers are familiar with a meta-narrative describing the liberal revolution of spousal law that occurred in the last decades of the twentieth century, which further transformed marriage, already transformed from a Catholic religious sacrament into a public institution and legal status model in the nineteenth century, into a private contract at the end of the twentieth. This Article addresses the liberal transformation of spousal law. The goals of the discussion are threefold: First, the Article examines the liberalization as (...) a historical narrative and the sub-narratives contained therein. Secondly, it explores the liberalization as the normative framework for the current normative debates. Finally, the Article criticizes the existing school of thought and proposes principles for a new theory that would depart from the thought patterns imposed by the liberalization narrative. (shrink)

Journal of Social Philosophy, EarlyView.

A framework is presented to better characterize the role of individual differences in information processing style and their interplay with contextual factors in determining decision making quality. In Experiment 1, we show that individual differences in information processing style are flexible and can be modified by situational factors. Specifically, a situational manipulation that induced an analytical mode of thought improved decision quality. In Experiment 2, we show that this improvement in decision quality is highly contingent on the compatibility between the (...) dominant thinking mode and the nature of the task. That is, encouraging an intuitive mode of thought led to better performance on an intuitive task but hampered performance on an analytical task. The reverse pattern was obtained when an analytical mode of thought was encouraged. We discuss the implications of these results for the assessment of decision making competence, and suggest practical directions to help individuals better adjust their information processing style to the situation at hand and make optimal decisions. (shrink)

In this book, Tal Ben-Shahar introduces a new interdisciplinary field of study that is dedicated to exploring happiness. The study of happiness ought not be left to psychologists alone. Philosophers, theologians, biologists, economists, and scholars from other disciplines have explored ways of attaining happiness, and to do justice to this important pursuit, we ought to listen to their words and experiment with their prescriptions. Not only does the field of happiness studies embrace different disciplines, it also approaches happiness as (...) a multifaceted and multidimensional variable that includes five parts which form the acronym SPIRE: Spiritual wellbeing Physical wellbeing Intellectual wellbeing Relational wellbeing Emotional wellbeing This book addresses each of these elements of happiness, explains them, and addresses practical ways for their cultivation. (shrink)

Boilerplate, the fine print of standard contracts, is more prevalent than ever in commercial trade and in electronic commerce. But what is in it, beyond legal technicalities? Why is it so hard to read and why is it often so one-sided? Who writes it, who reads it, and what effect does it have? The studies in this volume question whether boilerplate is true contract. Does it resemble a statute? Is it a species of property? Should we think of it as (...) a feature of the product we buy? Does competition improve boilerplate? Looking at the empirical reality in which various boilerplates operate, leading private law experts reveal subtle and previously unrecognized ways in which boilerplate clauses encourage information flow, but also reduce it; how new boilerplate terms are produced, and how innovation in boilerplate is stifled; how negotiation happens in the shadow of boilerplate, and how it is subdued. They offer a new explanation as to why boilerplate is often so one-sided. With emphasis on empiricism and economic thinking, this volume provides a more nuanced understanding of the 'DNA' of market contracts, the boilerplate terms. (shrink)

Sleep-related experiences [Watson, D. . Dissociations of the night: Individual differences in sleep-related experiences and their relation to dissociation and schizotypy. Journal of Abnormal Psychology, 110, 526–535] refer to a host of nocturnal altered-consciousness phenomena, including narcoleptic tendencies, nightmares, problem-solving dreams, waking dreams, and lucid dreams. In an attempt to clarify the meaning of this construct, we examined cross-sectional and longitudinal associations of sleep-related experiences , altered-consciousness tendencies , psychological distress, childhood maltreatment , and life stress in young adults. Both (...) types of SREs were found to be distinguishable from altered-consciousness tendencies. Transliminality emerged as a longitudinal predictor of both general SREs and lucid dreams. Psychological distress and an increase in life stress predicted an increase in general SREs over a 3-month interval. We conclude that transliminality is a general altered-consciousness trait that accounts for some of the individual differences in sleep-related experiences, and that general sleep experiences are an outcome of psychological distress and life stress. (shrink)

Immediate experience localizes the self within the limits of the physical body. This spatial unity has been challenged by philosophical and mystical traditions aimed to isolate concepts of mind and body. A more direct challenge of the spatial unity comes from a well-defined group of experiences called 'autoscopic phenomena' , in which the subject has the impression of seeing a second own body in an extrapersonal space. AP are known to occur in many human cultures and have been described in (...) healthy, as well as neurological and psychiatric populations. In this article we investigate the phenomenology of AP as described in the writings of the ecstatic Kabbalah of the thirteenth century, and search for similarities and differences with respect to AP from these and other populations. The article discusses potential common research areas between cognitive science and the science of religious experience. (shrink)

Reading numbers aloud involves visual processes that analyze the digit string and verbal processes that produce the number words. Cognitive models of number reading assume that information flows from the visual input to the verbal production processes—a feed‐forward processing mode in which the verbal production depends on the visual input but not vice versa. Here, I show that information flows also in the opposite direction, from verbal production to the visual input processes. Participants read aloud briefly presented multi‐digit strings in (...) Hebrew, in which the order of words is congruent with the order of digits (21 = twenty‐and‐one), and in Arabic, in which the ones word precedes the tens word (one‐and‐twenty). The error‐by‐digit‐position curve was affected by language: relative to Hebrew, in Arabic the error rate was slightly lower for the unit digit and slightly higher for the decade digit, indicating that in Arabic the unit digit was processed earlier and the decade digit later, in accord with the Arabic word order. This language‐dependent processing order originated in the visual level and was not a verbal confound, because it persisted even when I controlled for the serial position of the decade/unit word in the verbal number by using numbers with 0 (two hundred three/two hundred thirty). I conclude that the visual analyzer's digit scanning order, decade‐first or unit‐first, is not fixed but affected by the language in which the number is produced—a top‐down, verbal‐to‐visual information flow. (shrink)

As part of the rationality debate, we examine the impact of deliberative and intuitive thinking styles on diversity preference behavior. A sample of 230 students completed the Rational Experiential Inventory and the Diversity Preference Questionnaire, an original measure of diversification behavior in different real-life situations. In cases where no normative solution was available, we found a clear preference for diversity-seeking in the gain domain and diversity-aversion in the loss domain, regardless of cognitive thinking style. However, in cases where one alternative (...) normatively dominated the other, participants high in deliberative thinking style were more calibrated to normative behavior, regardless of whether their intuitive tendency preference and the normative solution were contradictory or pointed in the same direction. Our findings support a model in which deliberative but not intuitive thinking style is the crucial predictor of rational behavior, since it enables people to better adjust their intuitive preference anchor when normative considerations require doing so. (shrink)

Lawyering for the Rule of Law introduces a new model of government lawyering in which government lawyers function as an ancillary mechanism that enables the court to expand its influence on policy-making within the political branches by forming out-of-court settlements. It discusses the centrality of government lawyers with regard to judicial mobilization and the enforcement of social reforms through adjudication, and sheds light on particular functions of government lawyers as adjudicators and facilitators of institutional arrangements. It also discusses the ethical (...) and professional dilemmas of government lawyers in judicial review and the relationship between lawyers' professional morality and outcomes in litigation. (shrink)

The present article addresses the logic of the sphere, or the Sphere Model of Consciousness developed by Patrizio Paoletti over three decades of research. M.E.D. Ed., 2002; Flussi, territori, luogo II. M.E.D. Ed., 2002; Fare il punto nave. M.E.D. Ed., 2005; In: Proceedings conference at Leslie and Susan Gonda Multidisciplinary Brain Research Center. Bar Ilan University. Faculty of Neuroscience, Israel, 2007; Osservazione—Quaderni di Pedagogia per il Terzo Millennio, Ed. 3P, 2011; Mediazione—Quaderni di Pedagogia per il Terzo Millennio, Ed. 3P, 2011). (...) The SMC model has been experimentally applied in the educational field and lies at the base of neuroscientific and psychoeducational research conducted by the Paoletti Foundation. In recent years, it has been studied by several researchers in the field of neuroscience. Following a logical-mathematical introduction regarding the properties of the spherical shape, we illustrate for the first time the structuring of the model and its neural foundations. We emphasize the central space of the sphere, defined by the geometric model and highlight its descriptive and heuristic properties in relation to the study of consciousness. Finally, we present educational applications of the model, particularly with respect to the center of the sphere, defined in the current context as the “place of pre-existence.”. (shrink)

Vegetarians have argued at great length that meat-eating is wrong. Even so, the vast majority of people continue to eat meat, and even most vegetarians eventually give up on their diets. Does this prove these people must be morally corrupt? In Why It’s OK to Eat Meat, Dan C. Shahar argues the answer is no: it’s entirely possible to be an ethical person while continuing to eat meat—and not just the "fancy" offerings from the farmers' market but also the (...) regular meat we find at most supermarkets and restaurants. Shahar’s examination forcefully echoes vegetarians’ concerns about the meat industry’s impacts on animals, workers, the environment, and public health. However, he shows that the most influential ethical arguments for avoiding meat on the basis of these considerations are ultimately unpersuasive. Instead of insisting we all become vegetarians, Shahar argues each of us has broad latitude to choose which of the world’s problems to tackle, in what ways, and to what extents, and hence people can decline to take up this particular form of activism without doing anything wrong. (shrink)

Ecologically-motivated authoritarianism flourished initially during the 1970s but largely disappeared after the decline of socialism in the late-1980s. Today, 'eco- authoritarianism ' is beginning to reassert itself, this time modelled not after the Soviet Union but modern-day China. The new eco-authoritarians denounce central planning but still suggest that governments should be granted powers that free them from subordination to citizens' rights or democratic procedures. I argue that current eco-authoritarian views do not present us with an attractive alternative to market liberal (...) democracy even if we take a highly pessimistic view of our shared prospects under the latter sort of regime. (shrink)

So quantum mechanics has been an amazing success story. I stress this point at the outset, for two reasons. First, it is, unfortunately, all too easy to get used to success. Nowadays, both physicists, for whom the various quantum theories have ...

The meritocratic principle of educational justice maintains that it is unfair that individuals with similar ability who invest equal effort, have unequal educational prospects. In this paper I argue that the conception of ability that meritocracy assumes, namely as an innate trait, is critically flawed. Absent a coherent conception of ability, meritocracy loses its ability to morally evaluate educational practices and policies, rendering it an unworkable principle of educational justice. Replacing innate ability with an alternative conception of ability is, therefore, (...) crucial for meritocratic educational justice. I propose incorporating an alternative conception of ability into meritocracy—as the ″current limits of student ability″. The account of meritocracy that follows entails that unequal educational prospects are fair only when they result from the constraints of individual potential (or from differential effort). I argue that this potential-based account of meritocracy, though demanding, is a plausible and attractive account of educational justice. (shrink)