I want to begin with four quotations, fairly typical of their type, and germane to our topic because they encapsulate what many artists and art lovers feel about art and music. These feelings are often inchoate, to be sure, and in the cold light of analytical day they may look extravagant and exaggerated. But they do capture something of the experience people often have of art and beauty, and for that reason alone must be given some phenomenological plausibility at least.

Politicians of all stripes are committed to equality of opportunity. At least almost all of them put it in their statements of fundamental principle. It sounds like something we should all in fairness support, and it is supposed to be free of the radically redistributive and tyrannical implications of attempting to ensure equalities of outcome.

ABSTRACT Thanks to Inquiry for hosting this symposium, and thanks to Ilya Somin, Robert Talisse, Gordon Allen, and Enzo Rossi for participating it. It’s an honor. I’m especially grateful for their contributions because the five of us come from similar enough starting points that our debates can be productive. None of us have any patience for romantic, pie-in-the-sky depictions of democracy or for the knee-jerk dogma that all the problems of democracy can be fixed with more democracy. All are concerned (...) about real-world practical problems. We recognize you can’t counter a complaint of the form ‘These institutions have these problems’ by responding, ‘Oh, but if everyone behaved the way my theory requires them to behave, those institutions would be fine.’. (shrink)

Accused persons who are subjected to a saturation level of negative media coverage may be denied an impartial hearing, which is perhaps the most important aspect of the right to a fair hearing. Despite this, the courts have generally held that the social imperative of prosecuting accused trumps the interests of the accused. The justification for an impartial hearing stems from the repugnance of convicting the innocent. Viewed dispassionately, this imperative is not absolute, given that every (...) legal system condones procedures which result in the conviction of some innocent people. While the importance of guarding against wrongful convictions has been overstated, the imperative to bring to trial all accused has been even more exaggerated. The legal system has displayed a capacity to deal with cases where the guilty walk free. The institutional integrity of the criminal justice system would be significantly compromised by convictions that are tarnished by pre-judgment. Confidence in the criminal justice system is more important than individual criminal accountability. The inability to receive an impartial hearing should result in a permanent stay. The only exception is where the alleged crime has the capacity to cause widespread fear or social unrest. This only applies in relation to serious acts of terrorism. This article focuses on recent legal fair trial developments in Australia, however, the analysis, reasoning and conclusion applies in relation to all jurisdictions where juries determine guilt and innocence. (shrink)

This book addresses the European Court of Human Rights’ fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on (...) appeal. -/- On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court’s jurisprudence. (shrink)

It is common to hear the claim that referees in sporting events are doing their jobs well so long as they are, quite simply, being fair to both sides in a competitive event. It will be the purpose...

In Britain, Employment Tribunals (ET) adjudicate on whistleblowing legislation. They do so with the overriding aim to adjudicate cases fairly and justly, by hearing parties on an equal footing. This paper presents research questioning this rule-of-law assumption vis-a-vis power imbalances that relate to whistleblowing. Using multinomial logistic regression analysis, we analyse all cases at ET in England and Wales between 2015 and 2018, that included a whistleblowing claim and that went to preliminary hearing or beyond. We find that (...) several variables have an effect on the relative representational strength (RRS) at ET, but not on the outcome of the whistleblowing claim. However, whistleblowing claims brought in combination of discrimination claims (41%) have lower RRS and less favourable outcomes for the whistleblowing claim. (shrink)

Although words like "fair" may have a common meaning, we cannot assume that people speak them or hear them in the same manner, or appreciate the impact of their implied interpretations and nuances. We describe three different perspectives -rational, emotional, and spiritual - which offer vastly different meanings of fairness. We also discuss the manner in which the different meanings they represent with respect to policies and practices are pursued by business interests within the American and international arenas.

Group interaction is an essential way of social interaction and plays an important role in our social development. It has been found that when individuals participate in group interactions, the group identity of the interaction partner affects the mental processing and behavioral decision-making of subjects. However, little is known about how deaf college students, who are labeled distinctly different from normal hearing college students, will react when facing proposers from different groups in the ultimatum game and its time course. (...) In this study, we recruited 29 deaf college students who played the UG in which they received extremely unfair, moderately unfair, or fair offers from either outgroup members or ingroup members, while their brain potentials were recorded. The behavioral results showed that group membership did not impact the acceptance rate of deaf college students. But, event-related potential analysis demonstrated an enhanced feedback-related negativity elicited by ingroup members compared to outgroup members. Importantly, we found that under fairness conditions, deaf college students induced more positive P2 and P3 facing ingroup members compared to outgroup members. Our results demonstrated that group membership may modulate the performance of deaf college students in the UG and the existence of ingroup bias among deaf college students. This provides some evidence for the fairness characteristics of special populations, so that to improve the educational integration of colleges and universities. (shrink)

In this controversial new book O'Hear takes a stand against the fashion for explaining human behavior in terms of evolution. He contends that while the theory of evolution is successful in explaining the development of the natural world in general, it is of limited value when applied to the human world. Because of our reflectiveness and our rationality we take on goals and ideals which cannot be justified in terms of survival-promotion or reproductive advantage. O'Hear examines the nature of human (...) self-consciousness, and argues that evolutionary theory cannot give a satisfactory account of such distinctive facets of human life as the quest for knowledge, moral sense, and the appreciation of beauty; in these we transcend our biological origins. It is our rationality that allows each of us to go beyond not only our biological but also our cultural inheritance: as the author says in the Preface, "we are prisoners neither of our genes nor of the ideas we encounter as we each make our personal and individual way through life.". (shrink)

This book is available either individually, or as part of the specially-priced Arguments of the Philosphers Collection.

In this article, we will consider how far we might be said to be active in forming our beliefs; in particular, we will ask to what extent we can be said to be free in believing what we want to believe. It is clear that we ought to believe only what is really so, at least in so far as it lies in our power to determine this, but reflection shows that, regrettably, we do not confine our beliefs to what (...) we have evidence for, nor do we always believe in accordance with the evidence we do have. So it is natural to conclude that non-intellectual factors may be at work here; such, at least, was the view of Descartes, who attributed error to the influence of our will in leading us to assent to judgments which go beyond the evidence presented by our infallible intellect. This view has some initial plausibility when we think of cases in which emotional considerations lead people to take up and genuinely believe things they have no evidence for, but it is not a view which has received much support from modern philosophers. So, in Part 1 we will look at criticisms levelled against Descartes' view by J. L. Evans, and in Part 2 we will see how far Descartes can be defended. Our conclusions here will lead us to give in Part 3 a general account of the influence of the will in beliefs. We will suggest that we are always responsible for our explicit beliefs, even though it is not true that we can simply believe what we like. Thus we will reject the idea that a man can consciously know something, and at the same time, by will power, believe the opposite. Belief is not then totally free, but we will argue that people do sometimes form beliefs which go against what they should and could believe, and that this can in a way be put down to the influence of the will. Finally we will consider some of the ways in which it is possible to influence our beliefs by willed acts over a long period of time, though this is not the way that we clami that the will might be said to play a part in every judgment that we make. (shrink)

Discussions of value play a central role in contemporary philosophy. This book considers the role of values in truth seeking, in morality, in aesthetics and also in the spiritual life. We have got beyond the simplistic view that values are simply expressions of feeling, but their precise ontological and epistemological status remains controversial. The essays in this book indicate in an accessible way the state of the discussion as it is at the end of the second millennium. The distinguished contributors (...) include Simon Blackburn, Jonathan Dancy, Paul Horwich, John Leslie, Timothy Sprigge, David Wiggins and others who have made significant contributions in this field. (shrink)

ABSTRACT Popper's attitude to traditions is fundamentally rationalistic. He analyses traditions, along with other institutions and practices, in terms of their efficiency in promoting goals which can be specified independently of the traditions themselves. Hayek, by contrast, looks at traditions in terms of their contributions to the survival of the culture in which they are embedded, something whose evaluation may be opaque even to people within the culture. Both these approaches are flawed compared to Oakeshott's insistence that traditions are not (...) goal‐oriented, and that goals cannot be specified independently of agents’forms of life. Oakeshott's views constitute a via media between Popperian rationalism and Hayekian anti‐rationalism. (shrink)

Even today, apologists for modernist and post-modernist architecture frequently appeal to what, following Sir Karl Popper, I will call historicist arguments. Such arguments have a particular poignancy when they are used to justify the replacement of some familiar part of an ancient city with some intentionally untraditional structure; as, for example, when a familiar nineteenth century block of offices in a prime city site is swept away to make room for something supposedly more fitting to the ‘new millennium’, a ‘twentieth (...) century contribution to monumental architecture’, a building ‘of substantial importance to the present age’. Similarly, those architects or consumers of architecture who fail to conform to whatever stylistic demands the age is held to demand are marginalized in many supposedly serious discussions of architecture, and made to feel out of place and out of time. (shrink)

We spent a wonderful morning in the van Gogh gallery in Amsterdam. Of course we knew all the paintings, we had seen them all in reproduction, and the building was more like a bank vault than a setting for art. But what art! At first sight how small and uniform the paintings were in reality: yet every blade of grass, every flower in a field, every olive tree, every vibration in the sky, every patch of colour, every brush stroke, testified (...) to life and to a life vibrating beneath the surface form. In a true sense, an artist inspired, an artist breaking convention, artistic and social, but nevertheless an artist transforming life with a vision of the enhancement of life, a vision inviting each one of us to look again at the natural forms around us, to feel the spirit or the gods dwelling in them, a vision of enchantment and of humanity in a disenchanted world. Art—painting—can, then, be a source of spiritual nourishment as Kant and Schiller and Ruskin in their different ways thought it should be. (shrink)

This volume celebrates the centenary of the birth of Elizabeth Anscombe, Philippa Foot, Mary Midgley and Iris Murdoch. These four remarkable women were philosophical colleagues in Oxford in the 1940s, and their careers intertwined and overlapped henceforth. The papers in this book are all by prominent philosophers who spoke at the Royal Institute of Philosophy's annual lecture series from 2018-9. Together they cover the philosophical careers of Anscombe, Foot, Midgley and Murdoch, focusing on their thinking on morality, human nature and (...) action and the place of humanity in the animal and natural world, all areas to which they made notable and distinctive contributions. Connexions are drawn to the thought of Wittgenstein, Aquinas and Aristotle. This book demonstrates the way these four philosophers individually and collectively changed the direction of philosophy in the English speaking world in the mid-twentieth-century and how they continue to influence it one hundred years after their birth. (shrink)

What is moral philosophy? That is the question with which this important volume grapples. Its starting point is the famous critique made in 1958 by Elizabeth Anscombe, who argued that moral philosophy begins from a mistake: that it is fundamentally wrong about the sort of concept that the word 'moral' represents. Anscombe rejected moral philosophy as it was then (and mostly now still is) practised. She offered instead a blueprint for the task moral philosophers must embrace if they are to (...) speak intelligibly to society about good and bad, right and wrong, duty and obligation. The chapters in this book are inspired by Anscombe's classic text. One of the most powerful voices here, among many authoritative voices, is that of Philippa Foot – Anscombe's lifelong friend – who asserts that 'any account of practical reason evacuated of an understanding of what human beings need to flourish is inadequate and must be rejected.'. (shrink)

Causation has traditionally been analyzed either as a relation of nomic dependence or as a relation of counterfactual dependence. I argue for a third program, a physicalistic reduction of the causal relation to one of energy-momentum transference in the technical sense of physics. This physicalistic analysis is argued to have the virtues of easily handling the standard counterexamples to the nomic and counterfactual analyses, offering a plausible epistemology for our knowledge of causes, and elucidating the nature of the relation between (...) causation and physical science. (shrink)

Anthony O'Hear; VI*—Guilt and Shame as Moral Concepts, Proceedings of the Aristotelian Society, Volume 77, Issue 1, 1 June 1977, Pages 73–86, https://doi.org/10.

This book is a balanced and up-to-date introduction to the philosophy of science. It covers all the main topics in the area, as well as introducing the student to the moral and social reality of science. The author's style is free from jargon, and although he makes use of scientific examples, these should be intelligible to those without much scientific background. At the same time the questions he raises are not merely abstract, so the book will be of interest and (...) concern to scientists as well as philosophers.The author discusses the growth of knowledge of science, the status of scientific theories and their relationship to observational data, the extent to which scientific theories rest on unprovable paradigms, and the nature of scientific explanations. In later chapters he considers probability, scientific reductionism, the relationship between science and technology, and the relationship between scientific and other values. (shrink)

ABSTRACT Popper's attitude to traditions is fundamentally rationalistic. He analyses traditions, along with other institutions and practices, in terms of their efficiency in promoting goals which can be specified independently of the traditions themselves. Hayek, by contrast, looks at traditions in terms of their contributions to the survival of the culture in which they are embedded, something whose evaluation may be opaque even to people within the culture. Both these approaches are flawed compared to Oakeshott's insistence that traditions are not (...) goal‐oriented, and that goals cannot be specified independently of agents’forms of life. Oakeshott's views constitute a via media between Popperian rationalism and Hayekian anti‐rationalism. (shrink)

Anthony O'Hear; Academic Freedom and the University, Journal of Philosophy of Education, Volume 22, Issue 1, 30 May 2006, Pages 13–21, https://doi.org/10.1111/j.

In this book Anthony O’Hear examines the reasons that are given for religious faith. His approach is firmly within the classical tradition of natural theology, but an underlying theme is the differences between the personal Creator of the Bible or the Koran and a God conceived of as the indeterminate ground of everything determinate. Drawing on several religious traditions and on the resources of contemporary philosophy, specific chapters analyse the nature of religious faith and of religious experience. They examine connections (...) between religion and morality, and religion and human knowledge – the cosmological, teleological and ontological arguments, process thought, and the problem that evil presents for religion. The final chapter returns to the inherently dogmatic nature of religious faith and concludes that rational people should look beyond religion for the fulfilment of their spiritual needs. (shrink)

Contemporary societies are riddled with moral disputes caused by conflicts between value claims competing for the regulation of matters of public concern. This familiar state of affairs is relevant for one of the most important debates within liberal political thought: should institutions seek to realize justice or peace? Justice-driven philosophers characterize the normative conditions for the resolution of value conflicts through the establishment of a moral consensus on an order of priority between competing value claims. Peace-driven philosophers have concentrated, perhaps (...) more modestly, on the characterization of the ways in which competing value claims should be balanced, with a view to establishing a _modus vivendi _aimed at containing the conflict. _Interactive Justice _addresses an important question related to this debate: on what terms should the parties interact _during_ their conflict for their interaction to be morally acceptable to them? Although largely unexplored by political philosophers, this is a main area of concern in conflict management. Building on a proceduralist interpretation of "relational" concerns of justice, the author develops a liberal normative theory of interactive justice for the management of value conflict in politics grounded in the fundamental values of fair hearing and procedural equality. This book innovatively builds a bridge between works in political philosophy and peace studies to propose a fresh lens through which to view the normative responses liberal institutions ought to give to value conflict in politics, and moves beyond the apparent dichotomy between pursuing end-state justice through conflict resolution or peace through conflict containment. (shrink)

We spent a wonderful morning in the van Gogh gallery in Amsterdam. Of course we knew all the paintings, we had seen them all in reproduction, and the building was more like a bank vault than a setting for art. But what art! At first sight how small and uniform the paintings were in reality: yet every blade of grass, every flower in a field, every olive tree, every vibration in the sky, every patch of colour, every brush stroke, testified (...) to life and to a life vibrating beneath the surface form. In a true sense, an artist inspired, an artist breaking convention, artistic and social, but nevertheless an artist transforming life with a vision of the enhancement of life, a vision inviting each one of us to look again at the natural forms around us, to feel the spirit or the gods dwelling in them, a vision of enchantment and of humanity in a disenchanted world. Art—painting—can, then, be a source of spiritual nourishment as Kant and Schiller and Ruskin in their different ways thought it should be. (shrink)

Even today, apologists for modernist and post-modernist architecture frequently appeal to what, following Sir Karl Popper, I will call historicist arguments. Such arguments have a particular poignancy when they are used to justify the replacement of some familiar part of an ancient city with some intentionally untraditional structure; as, for example, when a familiar nineteenth century block of offices in a prime city site is swept away to make room for something supposedly more fitting to the ‘new millennium’, a ‘twentieth (...) century contribution to monumental architecture’, a building ‘of substantial importance to the present age’. Similarly, those architects or consumers of architecture who fail to conform to whatever stylistic demands the age is held to demand are marginalized in many supposedly serious discussions of architecture, and made to feel out of place and out of time. (shrink)

In this article we report the findings of a randomised control clinical trial that assessed the impact of a Philosophy for Children program and replicated a previous study conducted in Scotland by Topping and Trickey. A Cognitive Abilities Test was administered as a pretest and a posttest to randomly selected experimental groups and control groups. The students in the experimental group engaged in philosophy lessons in a setting of structured, collaborative inquiry in their language arts classes for one hour per (...) week for a number of weeks. The control group received the standard language arts curriculum in that one hour. The study found that the seventh grade students who had experienced the P4C program showed significant gains relative to those in the seventh grade control group at a high level of statistical significance, but the eighth grade students in the experimental group did not show such gains over the eighth grade control group. It was discovered that the seventh grade teachers started the program early in the school year and continued it for a period of 22 to 26 weeks, while the eighth grade teachers started much later and used the program for only 4 to 10 weeks. Our findings suggest that the P4C program must involve students in activities for a significant period of time before the program shows results, but that a meaningful impact on students’ cognitive abilities can be achieved in about 24 weeks of lessons, less than half the time evidenced by the study by Topping and Trickey. (shrink)

Original essays by leading philosophers on topics of logic, thought and language.