Cognitive science is transforming our understanding of the mind. New discoveries are changing how we comprehend not just language, but thought itself. Yet, surprisingly little of the new learning has penetrated discussions and analysis of the most important social institution affecting our lives-the law. Drawing on work in philosophy, psychology, anthropology, linguistics, and literary theory, Steven L. Winter has created nothing less than a tour de force of interdisciplinary analysis. A Clearing in the Forest rests on the simple notion (...) that the better we understand the workings of the mind, the better we will understand all its products-especially law. Legal studies today focus on analytic skills and grand normative theories. But, to understand how real-world, legal actors reason and decide, we need a different set of tools. Cognitive science provides those tools, opening a window on the imaginative, yet orderly mental processes that animate thinking and decisionmaking among lawyers, judges, and lay persons alike. Recent findings about how humans actually categorize and reason make it possible to explain legal reasoning in new, more cogent, more productive ways. A Clearing in the Forest is a compelling meditation on both how the law works and what it all means. In uncovering the irrepressibly imaginative, creative quality of human reason, Winter shows how what we are learning about the mind changes not only our understanding of law, but ultimately of ourselves. He charts a unique course to understanding the world we inhabit, showing us the way to the clearing in the forest. (shrink)

Various considerations are adduced toshow that we require that a testifier know hertestimony. Such a requirement apparentlyimproves testimony. It is argued that the aimof improving testimony explains why we have anduse our concept of knowledge. If we were tointroduce a term of praise for testimony, usingit at first to praise testimony that apparentlyhelped us in our practical projects, it wouldcome to be used as we now use the word``know''.

Based on his theory of animalrights, Regan concludes that humans are morallyobligated to consume a vegetarian or vegandiet. When it was pointed out to him that evena vegan diet results in the loss of manyanimals of the field, he said that while thatmay be true, we are still obligated to consumea vegetarian/vegan diet because in total itwould cause the least harm to animals (LeastHarm Principle, or LHP) as compared to currentagriculture. But is that conclusion valid? Isit possible that some other (...) agriculturalproduction alternatives may result in leastharm to animals? An examination of thisquestion shows that the LHP may actually bebetter served using food production systemsthat include both plant-based agriculture and aforage-ruminant-based agriculture as comparedto a strict plant-based (vegan) system. Perhapswe are morally obligated to consume a dietcontaining both plants and ruminant(particularly cattle) animal products. (shrink)

Between 300,000 and 250,000 years ago early humans in Africa and Eurasia began to use durable material substances and objects as media for signaling. Initially material signals were confined to ochre and other pigments, but over time objects such as beads were also added as technologies for sending messages. Changes in the types of materials used, their durability and costs, and the contexts of their disposal indicate a series of transitions in how early humans employed signaling media. Signaling theory from (...) biology suggests that shifts in technologies over the course of the Pleistocene reflect problems in coordinating action and resolving conflicts within increasingly large and internally differentiated societies. (shrink)

Adequate epistemic justification is best conceived as the appearance, over time, of knowledge to the subject. ‘Appearance’ is intended literally, not as a synonym for belief. It is argued through consideration of examples that this account gets the extension of ‘adequately justified belief’ at least roughly correct. A more theoretical reason is then offered to regard justification as the appearance of knowledge: If we have a knowledge norm for assertion, we do our best to comply with this norm when we (...) express as assertions only beliefs that appear to us to be knowledge. If we are doing our best, there is little point in further sanctions. So a norm of knowledge for assertion would lead to a secondary norm of justified belief as the appearance of knowledge, marking a point at which our assertions may be corrected but should not be blamed. (shrink)

The self-interest paradigm predicts that unethical behavior occurs when such behavior benefits the actor. A recent model of lying behavior, however, predicts that lying behavior results from an individual''s inability to meet conflicting role demands. The need to reconcile the self-interest and role conflict theories prompted the present study, which orthogonally manipulated the benefit from lying and the conflicting role demands. A model integrating the two theories predicts the results, which showed that both elements — self benefit and role conflict (...) — influenced lying, separately and interactively. Additionally, the relative strength of the roles in conflict affected their level of influence. Theoretical and practical implications are discussed. (shrink)

Non-propositional experiences can help justify beliefs, contrary to recent claims made by Donald Davidson and Laurence Bonjour. It is argued that a perceptual belief is justified if there are no undermining beliefs and it was arrived at in response to an experience through an adequate exercise of properly learned recognitional skills.

Of the various loci of systematic theology that call for sustained philosophical investigation, the doctrine of sanctification stands out as a prime candidate. In response to that call, William Alston developed three models of the sanctifying work of the Holy Spirit: the fiat model, the interpersonal model, and the sharing model. In response to Alston’s argument for the sharing model, this paper offers grounds for a reconsideration of the interpersonal model. We close with a discussion of some of the implications (...) of one’s understanding of the transforming work of the Holy Spirit for practical Christian spirituality. (shrink)

Imagining that I am Napoleon is not (normally) imagining an impossibility. It is (or at least may be) just adopting a first person way of imagining Napoleon. The images and bits of narrative using 'I' are intended to refer to Napoleon and his surroundings, in something like the way that a salt shaker can stand for a regiment of troops when the general says "This is the third regiment' while explaining his plans at the breakfast table.

In this volume, author Steven L. Bindeman presents a survey of the key figures in postmodern antiphilosophy. Noting that the main thrust of their work can be found in their need to respond to the threat of nihilism, he is guided by the question, if the path to abstract truth is no longer viable, what then? He shows how the antiphilosophers turn their focus on the complexity of lived experience in place of the search for certainty, which was in (...) their view what previously had guided the dominating discourse of the modernist philosophical tradition. Through close examination of a broad variety of texts, Bindeman illuminates how the antiphilosophers initiate a new way of doing philosophy, one which prefers to examine the question, Does it work? instead of, Is it true? Moreover, Bindeman demonstrates how the antiphilosophers are united in questioning the centrality of the great cornerstones of western metaphysics - time, self, universe, and God - because of their insistence that there is no way to reach beyond any of these words to the actual things to which they refer. Utilizing the exposed, significant fault in the foundation of all philosophical systems, "The Antiphilosophers" delivers new insight concerning the issue of how we should relate to the resultant chaos. Written with a rare combination of philosophical rigor and clarity of expression, Bindeman's work will be of interest to students and scholars of postmodern philosophy. (shrink)

This study examines the conditions under which apologies help to elicit forgiveness and restore trust following trust violations between leaders and followers. The intentionality and severity of violations are examined in a critical incident study and a laboratory study. The results support a model in which forgiveness mediates the relation of apology quality and trust. More importantly, the moderation–mediation model shows that apology quality influenced forgiveness and subsequent trust following violations that were moderate in severity–intentionality combination. The effect of apologizing (...) affects trust directly without forgiveness when the severity–intentionality combination held minor or extreme intensity. The results suggest a range in which apologies are effective and enrich understanding of the conditions under which trust can be recovered through an apology–forgiveness process in leader–follower relationships. The contribution of the study lies in elucidating that the combination of severity and intentionality of leaders’ trust violations has greater importance than either one separately. (shrink)

Phenomenology and the Creative Process explpores the subject of creativity from a vast range of perspectives. While the emphasis is placed on fundamental ideas taken from phenomenological philosophy and its precursors, the book also engages with related issues from the fields of psychology, physics, narrative studies, art, literature, cognitive science and neuroscience. Author Steven L. Bindeman's objective is to employ an analysis of creativity from the dual perspectives of "identity" and "difference," in order to develop a pluralistic and open-ended (...) understanding of the creative process. His central position is that while creativity can and should be studied as a physical, measurable phenomenon, we need to integrate quantitative studies with a phenomenological perspective that enables us to appreciate the distinctive experiential features of creative activities in order to fully appreciate the complex nature of the creative process. Bindeman's approach is important in that it recognizes the value of phenomenological studies without being afraid to draw insights from other fields of inquiry. This book thus offers unique analysis of creative individuals and works, applying insights from phenomenological philosophers to enrich our understanding of the creative processes of great artists, philosophers, and scientists. (shrink)

Throughout the twentieth century, women's magazines in the United States have socialized their readers to the “proper” expression of love and anger in marriage. Our analysis of a random sample of marital advice articles from 1900 to 1979 examines this cultural convergence of gender, marriage, and emotion. A qualitative analysis identifies techniques for socializing readers to the emotional culture of marriage and shows a historical change toward equating love with self-fulfillment and advocating the expression of anger. A quantitative analysis then (...) specifies the timing of changes in emotion norms and showed an oscillation between modern and traditional norms that is related to waves of political liberation versus oppression. We discuss the relation between emotion norms and behavior and explore the effect of group conflict on the production of emotional culture. Emotion norms have become less rigid and more tolerant of diversity; but gender differences persist, and women are still responsible for maintaining intimate relationships. Historical trends in love and anger norms are nonlinear, not a continuous shift toward individualism, self-development, and free expression, as suggested by recent cultural theories. (shrink)

This paper is a philosophical defense of the doctrine of penal substitution. I begin with a delineation of Richard Swinburne’s satisfaction-type theory of the atonement, exposing a weakness of it which motivates a renewed look at the theory of penal substitution. In explicating a theory of penal substitution, I contend that: (i) the execution of retributive punishment is morally justified in certain cases of deliberate wrongdoing; (ii) deliberate human sin against God constitutes such a case; and (iii) the transfer of (...) the retributive punishment due sinners to Christ is morally coherent. Whatever else might be said for and against such a conception of the doctrine of the atonement, the plausibility of the theory presented here should give us pause in the often hasty rejection of the doctrine of penal substitution. (shrink)

This paper discusses Plato’s question from the Meno : Why should we prefer knowledge that p over mere true belief that p? I find I just do prefer knowledge, and not for any further benefit that I am aware of in the particular case. But I should have that preference, because given our practice of approving of testimony only if uttered with knowledge, I could fail to prefer knowledge, when other things seem to me to be equal, only by having (...) the sorts of serious social or psychological defects that would make me unresponsive to the approval of others. Finally, the social practice that produces this particular preference is good for all of us because it improves the average quality of the testimony we receive, which results in greater success in our projects. (shrink)

This paper attempts to give an experiential explanation of the phenomenon of immunity to error through misidentification in some of our judgments about ourselves. The main idea is that in most of these judgments we respond to the type of presentation -- e.g., proprioceptive -- and not to presented properties of the perceived object.

Computer simulation has become important in ecological modeling, but there have been few assessments on how complex simulation models differ from more traditional analytic models. In Part I of this paper, I review the challenges faced in complex ecological modeling and how models have been used to gain theoretical purchase for understanding natural systems. I compare the use of traditional analytic simulation models and point how that the two methods require different kinds of practical engagement. I examine a case study (...) of three models from the insect resistance literature in transgenic crops to illustrate and explore differences in analytic and computer simulation models. I argue that analyzing simulation models has been often inappropriately managed with expectations derived from handling analytic models. In Part II, I look at simulation as a hermeneutic practice. I argue that simulation models are a practice or techné. I the explore five aspects of philosophical hermeneutics that may be useful in complex ecological simulation: (1) an openness to multiple perspectives allowing multiple levels of scientific pluralism, (2) the hermeneutic circle, a back and forth in active communication among both modelers and ecologists; (3) the recognition of human factors and the nature of human practices as such, including recognizing the role of judgments and choices in the modeling enterprise; (4) the importance of play in modeling; (5) the non-closed nature of hermeneutic engagement, continued dialogue, and recognizing the situatedness, incompleteness, and tentative nature of simulation models. (shrink)

The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It (...) contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions are implemented, functions as one of the central social practices that constitute citizens as equals and addresses the question of how to ensure that government by the people operates for the people. The rule of law has many independently valuable qualities, including impartiality and predictability. But, to valorise the rule of law for its own sake is to fetishize authority. The fundamental values of the rule of law are as the instrument of democratic self-governance and the expression of the equal dignity of all persons. Democracy thus entails the rule of law, but both implicate the yet more comprehensive ideal of equality. Core rule-of-law values require political norms and conditions of equality, generality and comprehensiveness. In a modern, differentiated society, however, the constitutive relation between democracy and the rule of law is fractured and law becomes the agent of authority. Courts in the modern constitutional state have contributed to the decline of rule-of-law values, supporting role specialization through judge-made immunity doctrines that protect officials at all levels. The crisis of police violence against minorities is a symptom of this breakdown. Greater accountability can ameliorate the problem. But an effective solution requires the fair and equal distribution of political power. (shrink)

The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It (...) contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions are implemented, functions as one of the central social practices that constitute citizens as equals and addresses the question of how to ensure that government by the people operates for the people. The rule of law has many independently valuable qualities, including impartiality and predictability. But, to valorise the rule of law for its own sake is to fetishize authority. The fundamental values of the rule of law are as the instrument of democratic self-governance and the expression of the equal dignity of all persons. Democracy thus entails the rule of law, but both implicate the yet more comprehensive ideal of equality. Core rule-of-law values require political norms and conditions of equality, generality and comprehensiveness. In a modern, differentiated society, however, the constitutive relation between democracy and the rule of law is fractured and law becomes the agent of authority. Courts in the modern constitutional state have contributed to the decline of rule-of-law values, supporting role specialization through judge-made immunity doctrines that protect officials at all levels. The crisis of police violence against minorities is a symptom of this breakdown. Greater accountability can ameliorate the problem. But an effective solution requires the fair and equal distribution of political power. (shrink)

This chapter contains sections titled: References.

In an attempt to revive discussion of the argument from illusion this paper amends the classic version of the argument to avoid Austin's main objection. It then develops and defends a version of the intentional object reply to the argument, arguing that an "unendorsed story" account of reports of dreams and hallucinations avoids commitment to nonexistent objects.

The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It (...) contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions are implemented, functions as one of the central social practices that constitute citizens as equals and addresses the question of how to ensure that government by the people operates for the people. The rule of law has many independently valuable qualities, including impartiality and predictability. But, to valorise the rule of law for its own sake is to fetishize authority. The fundamental values of the rule of law are as the instrument of democratic self-governance and the expression of the equal dignity of all persons. Democracy thus entails the rule of law, but both implicate the yet more comprehensive ideal of equality. Core rule-of-law values require political norms and conditions of equality, generality and comprehensiveness. In a modern, differentiated society, however, the constitutive relation between democracy and the rule of law is fractured and law becomes the agent of authority. Courts in the modern constitutional state have contributed to the decline of rule-of-law values, supporting role specialization through judge-made immunity doctrines that protect officials at all levels. The crisis of police violence against minorities is a symptom of this breakdown. Greater accountability can ameliorate the problem. But an effective solution requires the fair and equal distribution of political power. (shrink)

Beads and other ‘body ornaments’ are very widespread components of the archaeological record of early modern humans (Homo sapiens). They appear first in the Middle Stone Age in Africa, and somewhat later in the Early Upper Paleolithic of Eurasia. The manufacture and use of ornaments is widely considered to be evidence for significant developments in human cognition. In our view, the appearance of these objects represents the interaction of evolved cognitive capacities with changing social and demographic conditions. Body ornamentation is (...) a medium or technology for communication, particularly of socially-relevant information. The widespread adoption of beads and other discrete objects as media for communication implies changes in the complexity and stability of social messages, as well as the scale of social networks. The relatively sudden appearance of beads in the Paleolithic archaeological record coincides with genetic and archaeological evidence for expansion of human populations. We argue that these changes reflect expanding scales of social interaction and more complex social landscapes resulting from unprecedentedly large and internally differentiated human populations. (shrink)

A traditional diagnosis of the error in the Cartesian skeptical arguments holds that they exploit our tendencies to take a representationalist view of perception. Thinking (perhaps not too clearly) that we perceive only our own sensory states, it seems to us that our perceptual beliefs about physical objects must be justified qua explanations of those sensory states. Such justification requires us to have reasons to reject rival explanations, such as the skeptical hypotheses, which we lack. However, those who adopt the (...) direct realist view of perception still find these arguments plausible, although, according to this diagnosis, they shouldn't. To avoid this objection, I argue that the Cartesian skeptical arguments exploit, not our representationalist tendencies, but our habits for evaluating causal explanatory justifications. (shrink)

A traditional diagnosis of the error in the Cartesian skeptical arguments holds that they exploit our tendencies to take a representationalist view of perception. Thinking (perhaps not too clearly) that we perceive only our own sensory states, it seems to us that our perceptual beliefs about physical objects must be justified qua explanations of those sensory states. Such justification requires us to have reasons to reject rival explanations, such as the skeptical hypotheses, which we lack. However, those who adopt the (...) direct realist view of perception still find these arguments plausible, although, according to this diagnosis, they shouldn’t. To avoid this objection, I argue that the Cartesian skeptical arguments exploit, not our representationalist tendencies, but our habits for evaluating causal explanatory justifications. (shrink)

Zusammenfassung In dem Beitrag wird argumentiert, dass sich aufgrund verschiedener Entwicklungen in den letzten zwanzig Jahren die Position des Fußballs in den Vereinigten Staaten im Vergleich zu seiner früheren vollständigen Marginalisierung im Sportraum Amerikas auffällig verändert hat. Zwar vermag der Fußball nirgendwo in den Vereinigten Staaten die kulturelle Vorherrschaft der nordamerikanischen „Großen Vier“ - die eine hegemoniale Sportkultur ausgebildet haben, die vergleichbar ist mit dem, was Fußball praktisch überall sonst in der Welt darstellt - nur ansatzweise streitig zu machen. Gleichwohl (...) hat er sich in den letzten beiden Dekaden in zwei Richtungen verändert: Auf der Seite der Produktion hat er sich zu einer weit verbreiteten sportlichen Aktivität entwickelt, die Millionen von Spielern auf dem ganzen Kontinent in Ligen, Vereinen und im Rahmen der gesamten, zu jeder Sportart gehörenden Infrastruktur betreiben. Auf der Seite der Konsumtion hat sich ebenfalls eine interessante Verschiebung ergeben, insofern als das Topereignis des Fußballs - die Weltmeisterschaft - Bestandteil der amerikanischen Sportkultur geworden ist, ohne dass der Fußballsport selbst aber eine solche Position einnimmt. Vor diesem Hintergrund sprechen die Autoren von einer „Olympianisierung“ des Fußballs in Amerika, wo dieser seit nunmehr zwei Dekaden alle vier Jahre Interesse hervorruft, was vorher nicht der Fall war. Ähnlich wie die Olympischen Spiele wird er in Amerikas Sportöffentlichkeit aber nur in diesem vierjährigen Rhythmus verfolgt. (shrink)

This paper explores Wittgenstein’s early work as it relates to emerging philosophical problems in ecological modeling. Here I use his thought to structure a logical framework from which to discuss ecological simulation models in a way that captures how these dynamic representations describe a world from which we can draw logical inferences about real-world ecological processes. I argue that Wittgenstein’s Tractatus Logico-Philosophicus provides a way of reading problems that arise in using simulation as a way to make inferences about the (...) world. Conversely, ecological simulation provides an illustration of a Tractarian system, because the digital world it creates completely describes and is defined by the programing language. This reading is a novel, but productive, way that notes that the language used in modeling requires a hermeneutical approach to make inferences about modeling/real-world relationships. (shrink)