I discuss the knowledge account of legal proof in Moss (2023) and develop an alternative. The unifying thread throughout this article are reflections on the beyond reasonable doubt (BRD) standard of proof. In Section 1, I will introduce the details of Moss’s account and how she motivates it via the BRD standard. In Section 2, I will argue that there are important disanalogies between BRD and knowledge that undermine Moss’s argument. There is however another motivation for the knowledge account: combined (...) with auxiliary claims, that is probabilistic knowledge and moral encroachment, it can provide a general solution to the puzzle of statistical evidence. Section 3 spells out the details. In Section 4, I suggest to combine the knowledge account with pragmatic encroachment, instead of moral encroachment, in order to stay clear of the thorny issues whether corporations have moral rights. In Section 5, I argue that the verdicts of Moss’s account in cases of false justified beliefs and non-luminous knowledge conflict with the BRD standard and thus call for abandoning the account. Based on the social function of the BRD standard, I suggest a replacement for the knowledge account that is also just as potent as a general solution for the puzzle of statistical evidence. While I will grant that knowledge is neither always necessary nor always sufficient for convictions, I will argue that the concept of knowledge nonetheless plays a significant and ineliminable role in legal decision-making. (shrink)

A new edition of the classic introduction to mathematics, first published in 1930 and revised in the 1950s, explains the history and tenets of mathematics, ...

One version of moral error theory maintains that the central problem with morality is an ontological commitment to irreducible normativity. This paper argues that this version of error theory ultimately depends on an appeal to Ockham’s Razor, and that Ockham’s Razor should not be applied to irreducible normativity. This is because the appeal to Ockham’s Razor always contains an intractable element of epistemic circularity; and if this circularity is not vicious, we can construct a sound argument for the existence of (...) irreducibly normative truths that contains a similar kind of epistemic circularity. This argument is a version of Pascal’s Wager which I call “Parfit’s Wager,” because it is based on a passage from Derek Parfit’s On What Matters. It states that, if we believe that there are some irreducibly normative truths, we are more likely to be believing what we ought to believe compared to not believing that there are such truths, and that this indicates that we ought rationally to believe that there are such truths, justifying the ontological commitment to irreducible normativity in the process. (shrink)

Drawing on natural history, theology and philosophy, this book retraces the shifting foundations of the order of things that characterizes the period between Descartes and Kant with respect to three questions: What is an animal?

One popular conception of natural theology holds that certain purely rational arguments are insulated from empirical inquiry and independently establish conclusions that provide evidence, justification, or proof of God’s existence. Yet, some raise suspicions that philosophers and theologians’ personal religious beliefs inappropriately affect these kinds of arguments. I present an experimental test of whether philosophers and theologians’ argument analysis is influenced by religious commitments. The empirical findings suggest religious belief affects philosophical analysis and offer a challenge to theists and atheists, (...) alike: reevaluate the scope of natural theology’s conclusions or acknowledge and begin to address the influence of religious belief. (shrink)

Focusing on the problem of the Prime Matter in the Philoponus' Contra Proclum (Book XI), this study offers the first translation, in French, extensively annoted and commented in the context of the 'quaestio disputata' of the Neoplatonic ...

The potential for biases being built into algorithms has been known for some time, yet literature has only recently demonstrated the ways algorithmic profiling can result in social sorting and harm marginalised groups. We contend that with increased algorithmic complexity, biases will become more sophisticated and difficult to identify, control for, or contest. Our argument has four steps: first, we show how harnessing algorithms means that data gathered at a particular place and time relating to specific persons, can be used (...) to build group models applied in different contexts to different persons. Thus, privacy and data protection rights, with their focus on individuals, do not protect from the discriminatory potential of algorithmic profiling. Second, we explore the idea that anti-discrimination regulation may be more promising, but acknowledge limitations. Third, we argue that in order to harness anti-discrimination regulation, it needs to confront emergent forms of discrimination or risk creating new invisibilities, including invisibility from existing safeguards. Finally, we outline suggestions to address emergent forms of discrimination and exclusionary invisibilities via intersectional and post-colonial analysis. (shrink)

Scholarship in experimental jurisprudence has reported surprising findings about various concepts of legal significance: _acting intentionally_, _causation_, _consent_, _knowledge, recklessness_, _reasonableness,_ and _law_ itself. Often, these studies examine laypeople’s ordinary concepts and draw broader conclusions about legal experts’ concepts. This Article questions such inferences, from empirical findings about ordinary concepts to conclusions about the concepts of those with legal expertise. It presents a case study concerning what it means to act _intentionally._ An experiment examines intentionality judgments across four populations (N (...) = 774): laypeople, law students, non-law students, and United States judges. Legal training affected judgments in three ways that are consistent with the acquisition of a distinctive legal concept. This case study supports the Article’s broader claim: Laypeople’s ordinary concepts are not equivalent to experts’ legal concepts. The acquisition of legal concepts is an important form of legal expertise. (shrink)

The article introduces and defends the Nomological Account of ground, a reductive account of the notion of metaphysical explanation in terms of the laws of metaphysics. The paper presents three desiderata that a theory of ground should meet: it should explain the modal force of ground, the generality of ground, and the interplay between ground and certain mereological notions. The bulk of the paper develops the Nomological Account and argues that it meets the three desiderata. The Nomological Account relies on (...) two central notions: the notion of a ‘law of metaphysics’ and the notion of ‘determination via the laws’. The paper offers the constructional conception of the laws of metaphysics, on which the metaphysical laws are general principles that characterize construction–operations such as composition, constitution, or set-formation. The role of determination in the account is explained and some reductive approaches to the notion are sketched. The case for the Nomological Account presented in this article is also a case for the laws of metaphysics. Since the Nomological Account offers a promising approach to metaphysical explanation we should take the laws of metaphysics seriously. (shrink)

From ‘connecting the dots’ and finding ‘the needle in the haystack’ to predictive policing and data mining for counterinsurgency, security professionals have increasingly adopted the language and methods of computing for the purposes of prediction. Digital devices and big data appear to offer answers to a wide array of problems of (in)security by promising insights into unknown futures. This article investigates the transformation of prediction today by placing it within governmental apparatuses of discipline, biopower and big data. Unlike disciplinary and (...) biopolitical governmentality, we argue that prediction with big data is underpinned by the production of a different time/space of ‘between-ness’. The digital mode of prediction with big data reconfigures how we are governed today, which we illustrate through an analysis of how predictive policing actualizes between-ness as hotspots and near-real-time decisions. (shrink)

The paper explores a deductive-nomological account of metaphysical explanation: some truths metaphysically explain, or ground, another truth just in case the laws of metaphysics determine the latter truth on the basis of the former. I develop and motivate a specific conception of metaphysical laws, on which they are general rules that regulate the existence and features of derivative entities. I propose an analysis of the notion of ‘determination via the laws’, based on a restricted form of logical entailment. I argue (...) that the DN-account of ground can be defended against the well-known objections to the DN-approach to scientific explanation. The goal of the paper is to show that the DN-account of metaphysical explanation is a well-motivated and defensible theory. (shrink)

ArgumentIn 1877, a young mathematician named Joseph Boussinesq presented amémoireto theAcadémiedes sciences which demonstrated that some differential equations may have more than one solution. Boussinesq linked this fact to indeterminism and to a possible solution to the free will versus determinism debate. Boussinesq's main interest was to reconcile his philosophical and religious views with science by showing that matter and motion do not suffice to explain all there is in the world. His argument received mixed criticism that addressed both his (...) philosophical views and the scientific content of his work, pointing to the physical “realisticness” of multiple solutions. While Boussinesq proved to be able to face the philosophical criticism, the scientific objections became a serious problem, thus slowly moving the focus of the debate from the philosophical plane to the scientific one. This change of perspective implied a wide discussion on topics such as instability, the sensitivity to initial conditions, and the conservation of energy. The Boussinesq debate is an example of a philosophically motivated debate that transforms into a scientific one, an example of the influence of philosophy on the development of science. (shrink)

This collection of vivid and eloquent testimonies by environmentalists, eco-theologians, and native peoples illustrates a variety of responses to the same universal question: Where are we as a species heading on this planet? Contributors include Rick Bass, Wendell Berry, Annie Dillard. Gretel Ehrlich, Barry Lopez, Peter Mattheisen, Thomas Moore, Terry Tempest Williams, and others.

Obtaining informed consent from patients is a moral and legal duty and, thus, a key legitimation for medical treatment. The pivotal prerequisite for valid informed consent is decision-making capacity of the patient. Related to the question of whether and when consent should be morally and legally valid, there has been a long-lasting philosophical debate about freedom of will and the connection of freedom and responsibility. The scholarly discussion on decision-making capacity and its clinical evaluation does not sufficiently take into account (...) this fundamental debate. It is contended that the notion of free will must be reflected when evaluating decision-making capacity. Namely, it should be included as a part of the appreciation-criterion for decision-making capacity. The argumentation is mainly drawn on the compatibilism of Harry Frankfurt. A solution is proposed which at the same time takes the notion of free will seriously and enriches the traditional understanding of decision-making capacity, strengthening its justificatory force while remaining clinically applicable. (shrink)

The Handbook of Value combines the forces of the many disciplines involved in value research, by integrating the perspectives of distinguished scholars from the different disciplines. Contributions cover conceptual issues such as definitions of value, psychological and neurological mechanisms underlying value computation and representation, types and taxonomies of value, interindividual and intercultural value differences, the role of value in emotion, moral judgment, decision-making and behavior, as well as case studies of individual varieties of value. The volume contributes to an interdisciplinary (...) dialogue and integration by providing a common reference point that may serve as a resource for disciplinary excellence and interdisciplinary cross-fertilization. (shrink)

This paper builds off the Our Data Ourselves research project, which examined ways of understanding and reclaiming the data that young people produce on smartphone devices. Here we explore the growing usage and centrality of mobiles in the lives of young people, questioning what data-making possibilities exist if users can either uncover and/or capture what data controllers such as Facebook monetize and share about themselves with third-parties. We outline the MobileMiner, an app we created to consider how gaining access to (...) one’s own data not only augments the agency of the individual but of the collective user. Finally, we discuss the data making that transpired during our hackathon. Such interventions in the enclosed processes of datafication are meant as a preliminary investigation into the possibilities that arise when young people are given back the data which they are normally structurally precluded from accessing. (shrink)

Developmental, epidemiological, and neurobiological studies indicate that the adaptive and maladaptive functions, as well as immediate and long-term consequences of drug use, may vary by age. Early initiation seems to be associated with a reduced ability to use drugs purposely in a temporally stable, non-addictive manner. Prevention strategies should consider social environmental factors and aim to delay age at initiation.

Are acts of violence performed in virtual environments ever morally wrong, even when no other persons are affected? While some such acts surely reflect deficient moral character, I focus on the moral rightness or wrongness of acts. Typically it’s thought that, on Kant’s moral theory, an act of virtual violence is morally wrong (i.e., violate the Categorical Imperative) only if the act mistreats another person. But I argue that, on Kant’s moral theory, some acts of virtual violence can be morally (...) wrong, even when no other persons or their avatars are affected. First, I explain why many have thought that, in general on Kant’s moral theory, virtual acts affecting no other persons or their avatars can’t violate the Categorical Imperative. For there are real world acts that clearly do, but it seems that when we consider the same sorts of acts done alone in a virtual environment, they don’t violate the Categorical Imperative, because no others persons were involved. But then, how could any virtual acts like these, that affect no other persons or their avatars, violate the Categorical Imperative? I then argue that there indeed can be such cases of morally wrong virtual acts—some due to an actor’s having erroneous beliefs about morally relevant facts, and others due not to error, but to the actor’s intention leaving out morally relevant facts while immersed in a virtual environment. I conclude by considering some implications of my arguments for both our present technological context as well as the future. (shrink)

Climate change represents an unprecedented threat to animal life on Earth, brought about by a single species: humanity. It is well-known that humans will suffer greatly as a result of continued climate change over the coming decades and centuries, but the calamitous effects on other animals are often downplayed. Here, the origins and potential scope of climate change are explored and the implications for the whole animal kingdom are summarized. It is argued that humans, as part of this kingdom, have (...) both a responsibility and an imperative to take immediate steps to avert climate change for the sake of all animal life. (shrink)

We introduce several new variants of the dice experiment by Fischbacher and Föllmi-Heusi :525–547, 2013) to investigate measures to reduce lying. Hypotheses on the relative performance of these treatments are derived from a straightforward theoretical model. In line with previous research, we find that groups of two subjects lied at least to the same extent as individuals—even in a novel treatment where we assigned to one subject the role of being the other’s monitor. However, we find that our participants hardly (...) lied if they do not benefit and only others do, even if they were in a reciprocal relationship. Thus, we conclude that collaboration on lying mostly happens for personal gain. To mitigate selfish lying, an honesty oath which aims to increase moral awareness turned out to be effective. (shrink)

This article will explore the relation of search engines to the freedom they invoke in human subjects. Away from questions about the social impact of search engines and their ethical use, it shall investigate the influence of search engines on ethical subjectifications. The article will criticise the common critique that search engines should only deliver neutral and objective results to their users, where ‘neutral’ and ‘objective’ are defined as anti-subjective. On the contrary, it will argue that search engines are designed (...) to deliver subjective results. A possible ethical critique starts therefore where they fail to do so. Due to reasons immanent to the technology, search engines are never subjective enough in their relevance decisions. Their results collide at the same time with what their users expect them to deliver. The article will show that, far from being a disadvantage, this disagreement between the users’ expectations and the search engines results is what triggers an ethical subjectification. (shrink)

In the Transcendental Aesthetic of the Critique of Pure Reason, Immanuel Kant famously claims that we have an a priori intuition of space as an ‘infinite given magnitude’. Later on, in the Transcendental Analytic, he seems to add that the intuition of space presupposes a synthetic activity of the transcendental imagination. Several authors have recently pointed out that these two claims taken together give rise to two problems. First, it is unclear how the transcendental imagination of a finite mind could (...) ever result in the intuition of an entity that is infinitely large. Second, Kant claims that our intuition of space has a ‘whole-prior-to-its-parts’ structure, such that its parts are given only as limitations of the whole, while synthesis is compositional and has a ‘parts-prior-to-their-whole’ structure, because it consists in first running through and then taking together the parts of a sensible manifold. I will solve these two problems by showing that Kant thought that synthesis does not always have a compositional structure but that there is also a form of ‘decomposing’ synthesis, which has a whole-prior-to-its-parts structure. Building on similarities between Kant, Edmund Husserl and G. W. F. Hegel, I will argue that infinite space is given to us in intuition by precisely such an activity of decomposition, one that allows us to differentiate between finite spatial objects and the unlimited phenomenal horizon in which they appear. (shrink)

The Snowden revelations and the emergence of ‘Big Data’ have rekindled questions about how security practices are deployed in a digital age and with what political effects. While critical scholars have drawn attention to the social, political and legal challenges to these practices, the debates in computer and information science have received less analytical attention. This paper proposes to take seriously the critical knowledge developed in information and computer science and reinterpret their debates to develop a critical intervention into the (...) public controversies concerning data-driven security and digital surveillance. The paper offers a two-pronged contribution: on the one hand, we challenge the credibility of security professionals’ discourses in light of the knowledge that they supposedly mobilize; on the other, we argue for a series of conceptual moves around data, human–computer relations, and algorithms to address some of the limitations of existing engagements with the Big Data-security assemblage. (shrink)

Would there be possibles if God did not exist? The interpretative impasse on this point has been mainly due to the failure to recognize an ambiguity in Scotus’s terminology. “Possibilia” are (1) the eidetic natures of things or (2) the possibility for a creature to exist. In this paper I argue that Scotus denies that God is responsible for giving things the possibility of existence. In this sense, possibles do not depend on God. Yet I also argue that according to (...) Scotus, only God can originate the eidetic natures of creatures, i.e., the natures of which possibility is predicated. If God did not exist, there would be no possibles, because there would be no eidetic natures and thus no subjects of which possibility could be affirmed. What leads Scotus to this view are not so much considerations pertaining to modal logic but rather epistemological concerns. (shrink)

Appraisal theories have described elaborate mechanisms underlying the elicitation of emotion at the psychological-cognitive level, but typically do not integrate neuroscientific concepts and findings. At the same time, theoretical developments in appraisal theory have been pretty much ignored by researchers studying the neuroscience of emotion. We feel that a stronger integration of these two literatures would be highly profitable for both sides. Here we outline a blueprint of the “appraising brain.” To this end, we review neuroimaging research investigating the processing (...) of major appraisal variables, and sketch a neuro-cognitive process model of appraisal with a special emphasis on the chronometry and the recursive aspect of emotional evaluation. We hope that this contribution will stimulate more hypothesis-driven research on the neuroscience of appraisal. (shrink)

Realists about laws of nature and their Humean opponents disagree on whether laws ‘govern’. An independent commitment to the ‘governing conception’ of laws pushes many towards the realist camp. Despite its significance, however, no satisfactory account of governance has been offered. The goal of this article is to develop such an account. I base my account on two claims. First, we should distinguish two notions of governance, ‘guidance’ and ‘production’, and secondly, explanatory phenomena other than laws are also candidates for (...) governance. My goal is to develop a unified account which captures both guidance and production as well as the governance of phenomena, such as essence and logical consequence. The account of governance I develop belongs to the family of modal accounts, which was popularized by David Armstrong, but it also employs essentialist resources. If successful, this modal-essentialist account not only reveals the costs that proponents of governance incur, but it also puts that important notion on a solid theoretical foundation. (shrink)