In many spheres, the law takes the legal concept of causation to correspond to the folk concept (the correspondence assumption). Courts, including the US Supreme Court, tend to insist on the "common understanding" and that which is "natural to say" (Burrage v. United States) when it comes to expressions relating to causation, and frequently refuse to clarify the expression to juries. As recent work in psychology and experimental philosophy has uncovered, lay attributions of causation are susceptible to a great number (...) of unexpected factors, some of which seem rather peripheral to causation. One of those is the norm effect (Knobe & Fraser, 2008): Agents who, in acting as they do, break a salient norm, are more likely to be considered as having caused a certain consequence than when they do not violate a norm. According to some (e.g., Alicke, 1992) this constitutes a bias. According to others (e.g., Sytsma, 2020), the folk concept of causation is sensitive to normative factors, and there’s nothing wrong with that. In this paper, we explore the question whether the norm effect should be considered a bias from the legal perspective on the one hand, and from the psychological perspective on the other. To do this, we test whether norms which are nonpertinent to the consequences or outright silly also impact causation judgements. The data from two preregistered experiments (total N=593) clearly show they do. This, we argue, makes the bias interpretation plausible from the psychological perspective, and both plausible and problematic from the legal perspective. It also shows that the law should abstain from unreflectively assuming conceptual correspondence between legal and ordinary language concepts. (shrink)

In a study that goes beyond the ego affirmed by Freudian psychology, David Levin offers an account of personal growth and self-fulfillment based on the development of our capacity for listening. Drawing on the work of Dewey, Piaget, Erikson, and Kohlberg, he uses the vocabulary of phenomenological psychology to distinguish four stages in this developmental process and brings us the significance of these stages for music, psychotherapy, ethics, politics, and ecology. This analysis substantiates his claim that the development of (...) our listening capacity is a process that fits Foucault's conception of a practice of the self, forming our character as social beings and moral agents. David Levin contends that our self- development as auditory beings is necessary for the achievement of a just and democratic society. (shrink)

A new explanation of the relation between schooling and work in the democratic, advanced industrial state emerges from this study that rejects both traditional views and the more recent Marxian perspective. Traditional views consider schools as autonomous institutions that are able to pursue the goals of equality and social mobility irrespective of the inequalities of capitalist society; the Marxian perspective views schools as serving the role of producing wage-labor for capitalistic exploitation. The authors suggest that the shortcomings of both views (...) are rooted in the fact that they do not recognize the true functions of the democratic, capitalist state. The state is seen as an arena for struggle between forces pushing for egalitarian, democratic reforms and those seeking to use the resources of the state for private capital accumulation. Depending on which side has primacy at the moment, schools will reflect one set of goals over the other. However, victory is never complete, and the tide of battle has shifted back and forth historically. The authors develop this theory through interpreting the dynamic relation between U.S. schools and the workplace. Based on this approach, they predict changes in both schooling and work as well as the forms that future conflicts between the contending forces are likely to take. (shrink)

To reassure those concerned about wholesale discontinuity between human existence and posthumanity, transhumanists assert shared ground with antiquity on vital challenges and aspirations. Because their claims reflect key misconceptions, there is no shared vision for transhumanists to invoke. Having exposed their misuses of Prometheus, Plato, and Aristotle, I show that not only do transhumanists and antiquity crucially diverge on our relation to ideals, contrast-dependent aspiration, and worthy endeavors but that illumining this divide exposes central weaknesses in transhumanist argumentation. What is (...) more, antiquity’s handling of these topics suggests a way through the impasse in current enhancement debates about human “nature” and helps to resolve a tension within transhumanists’ accounts of what our best moments signify about the ontological requirements for real flourishing. (shrink)

Defenders of pragmatic theories of knowledge (such as contextualism and sensitive invariantism) argue that these theories, unlike those that invoke a single standard for knowledge, comport with the intuitively compelling thesis that knowledge is the norm of assertion and practical reason. In this paper, I dispute this thesis, and argue that, therefore, the prospects for both “high standard” approach, and contend that if one abandons the thesis that knowledge is the norm of assertion and practical reason, the most serious arguments (...) against it lose force. (shrink)

The basic concepts of motor control formulated in our target article were derived from specific experiments, a fact which is disregarded in Dalenoort's comments. A purely academic approach to motor control may not result in a clearer understanding of control concepts.

Understanding cooperation and punishment in small-scale societies is crucial for explaining the origins of human cooperation. We studied warfare among the Turkana, a politically uncentralized, egalitarian, nomadic pastoral society in East Africa. Based on a representative sample of 88 recent raids, we show that the Turkana sustain costly cooperation in combat at a remarkably large scale, at least in part, through punishment of free-riders. Raiding parties comprised several hundred warriors and participants are not kin or day-to-day interactants. Warriors incur substantial (...) risk of death and produce collective benefits. Cowardice and desertions occur. (shrink)

Transhumanists would have humanity's creation of posthumanity be our governing aim. Susan B. Levin challenges their overarching commitments regarding the mind, brain, ethics, liberal democracy, knowledge, and reality. Her critique unmasks their notion of humanity's self-transcendence via science and technology as pure, albeit seductive, fantasy.

The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism's traditional ideal of a 'marketplace of ideas' facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge.

The question, what measures to address the shortage of transplantable organs are ethically permissible? requires careful attention because, apart from its impact on medical practice, the stance we espouse here reflects our interpretations of human freedom and mortality. To raise the number of available organs, on utilitarian grounds, bioethicists and medical professionals increasingly support mandatory procurement. This view is at odds with the Catechism of the Catholic Church, according to which ‘[o]rgan donation after death is a noble and meritorious act’ (...) but ethically impermissible absent consent. Those who concur with this position, but would oppose conscription on independent philosophical grounds, have not yet found a voice in the Western tradition comparable in strength to the utilitarian basis of the policy’s support, for Kantian and Aristotelian ethics, too, lend themselves to a requirement that we make our organs available to others when they can no longer serve ourselves. One finds an ethical wedge against conscription in an unexpected philosophical locale: the ‘fundamental ontology’ of Heidegger’s Being and Time, where pertinent individual choices arc protectively over what happens post mortem. Heidegger’s perspective on this issue thus meshes, not with other philosophical voices, but with Catholic doctrine—a surprising convergence of atheistic and theistic approaches to our flourishing whose ground I address in the article’s conclusion. (shrink)

The international protest surrounding the Copenhagen Zoo’s recent decision to kill a healthy giraffe in the name of population management reveals a deep moral tension between contemporary zoological display practices—which induce zoo-goers to view certain animals as individuals, quasi-persons, or friends—and the traditional objectives of zoos, which ask us only to view animals as specimens. I argue that these zoological display practices give rise to moral obligations on the part of zoos to their visitors, and thus ground indirect duties on (...) behalf of zoos to their animals. I conclude that zoos might take on interspecies friendship as a new zoological objective. (shrink)

I argue against the currently popular view that a radical change in theory affects the meaning of theoretical terms, and hence render pre- and post-shift theories incomparable. I first show how to pose the meaning-change issue without appeal to meanings reified. I contend that arguments against theory-neutral observation languages are faulty, but that even if they were sound, there are semantic devices that allow a theory to refer to the factual basis of a competitor. This suggests a picture of science (...) as the accumulation of truths, with each successive stage being more stable. (shrink)

Alex Broadbent’s Philosophy of Epidemiology is the latest volume in Palgrave Macmillan’s New Directions in the Philosophy of Science series. Other monographs in the series focus on mathematics, biology, astronomy, et al.—the usual topics of discourse when philosophers engage science. The present volume is a welcome addition not just to the series but also for the field of epidemiology. As Broadbent notes, “Although a few philosophers have studied epidemiology, there have been no philosophical studies of epidemiology” . There is one (...) now.As noted in the book’s foreword, the core theme of Philosophy of Epidemiology “has to do with the nature and role of explanation and prediction in epidemiological analyses” . These are practical matters which are familiar to epidemiologists, but being largely mechanical in nature, “this explains why philosophers of science have neglected epidemiology” .Broadbent is a young philosopher, trained at Cam .. (shrink)

Writing twenty years ago, the late Harvard Law professor William Stuntz diagnosed a set of “pathological politics” at the heart of US criminal law. Stuntz sought to explain why carceral policies in...

It is argued against critics that the concept of race is well-formed. The issue is formulated in terms of the classic sense/reference distinction and shown that "race" has a sense specified in terms of geographic ancestry, and thereby a reference. Excessive constraints on "race," for instance that races must by definition have signature genes, are rejected. Empirical validation is considered, although the emphasis here is to place empirical validation in a philosophical context, not answer the empirical questions themselves. At several (...) junctures the familiar divisions of the races are compared to the stellar luminosity types of astronomy, which are still serviceable although representing an earlier state of astrophysical knowledge. (shrink)

This paper examines the adequacy of an evolutionary-oriented notion of rationality—ecological rationality—that has recently been proposed in economics. Ecological rationality is concerned with what it is rational to do, and in this sense is a version of what philosophers call ‘practical rationality’. Indeed, the question of the adequacy of ecological rationality as it is understood in the paper, is the question of whether ecological rationality is a genuine notion of practical rationality. The paper first explicates and motivates the notion of (...) ecological rationality by (a) explicating the notion of practical rationality, (b) grounding ecological rationality in an evolutionary approach to the emotions which is mainly illustrated by the example of fear, and (c) outlining the reasons adduced in economics for generalizing ecological rationality beyond the emotions. The paper then argues that (d) the raison d’être of practical rationality is first and foremost a specific role it plays in the explanation of behavior, or in telling why it has occurred. Finally, based on (a)–(d), the paper argues that (e) ecological rationality lacks a constitutive feature of practical rationality—namely, normativity—which is related to the latter’s basic explanatory role, and thus cannot be considered a genuine notion of practical rationality. While the paper focuses on the economic version of ecological rationality, its conclusions apply just as well to other, related, versions of the ecological notion that have been proposed in biology and evolutionary psychology. (shrink)

Levin argues that the results of the most methodologically sound and philosophically relevant studies discussed in this volume [ Experimental Philosophy] could have been obtained from the armchair, and thus that experimental philosophy may not present a serious challenge to the traditional methods of analytic philosophy.

This collection of original essays by preeminent interpreters of continental philosophy explores the question of whether Western thought and culture have been dominated by a vision-centered paradigm of knowledge, ethics, and power. It focuses on the character of vision in modern philosophy and on arguments for and against the view that contemporary life and thought are distinctively "ocularcentric." The authors examine these ideas in the context of the history of philosophy and consider the character of visual discourse in the writings (...) of Plato, Descartes, Hegel, Nietzsche, Husserl, Heidegger, Benjamin, Sartre, Merleau-Ponty, Levinas, Derrida, Foucault, Gadamer, Wittgenstein, and Habermas. With essays on television, the visual arts, and feminism, the book will interest readers in cultural studies, gender studies, and art history as well as philosophers. (shrink)

This paper examines the coherence of Spinoza’s combined account of freedom, reason, and the affects and its applicability to real humans in the context of the perfectly free man Spinoza discusses towards the end of part 4 of the Ethics. On the standard reading, the perfectly free man forms the model of human nature and thus the goal to which real humans should aspire. A recently proposed non-standard reading, however, posits that the perfectly free man should not be considered the (...) model of human nature. Consolidating FRA into a system of ten theses and outlining their intricate interconnections, I argue that under both the standard and non-standard readings of Spinoza’s perfectly free man, FRA founders when applied to real humans. While it is no big news that FRA may face deep problems when applied to real humans, the paper is innovative: in the specific tensions in FRA it exposes; in the strategy deployed to expose the latter; and in showing that a recent non-standard approach to resolving these tensions is unsuccessful. Depending on the specific reading of FRA that I suggest, my critical conclusions may not apply to every reading of FRA. They nonetheless pose a serious challenge to similar readings prominent within the literature. (shrink)

Reliabilism holds that knowledge is true belief reliably caused. Reliabilists should say something about individuating processes; critics deny that the right degree of generality can be specified without arbitrariness. It is argued that this criticism applies as well to processes mentioned in scientific explanations. The gratuitous puzzles created thereby show that the “generality problem” is illusory.

Philosophers have traditionally held that claims about necessities and possibilities are to be evaluated by consulting our philosophical intuitions; that is, those peculiarly compelling deliverances about possibilities that arise from a serious and reflective attempt to conceive of counterexamples to these claims. But many contemporary philosophers, particularly naturalists, argue that intuitions of this sort are unreliable, citing examples of once-intuitive, but now abandoned, philosophical theses, as well as recent psychological studies that seem to establish the general fallibility of intuition.In the (...) first two sections of this paper, I evaluate these arguments, and also the counter-arguments of contemporary defenders of tradition. In the next two sections, I sketch an alternative account of the role of philosophical intuitions that incorporates elements of traditionalism and naturalism - and defend it against other such views. In the final section, however, I discuss intuitions about conscious experience, and acknowledge that my view may not extend comfortably to this case. This may seem unfortunate, since so much contemporary discussion of the epistemology of modality seems motivated by worries about the mind-body problem, and informed by the position one wishes to endorse. But, as I argue, if conscious experience is indeed an exception to the view I suggest in this paper, it is an exception that proves - and can illuminate - the rule. (shrink)

According to one fairly standard reconstruction Descartes' Dream Argument has two crucial premises. The paper starts by analysing two important failed attempts, discussed by Barry Stroud and Mark Steiner, at justifying one of these premises. On this basis then an alternative is suggested to the line of interpretation assumed by these attempts which easily resolves the problems they face. It is shown that this alternative and its rivals are on a par with respect to the other crucial premise of the (...) Dream Argument and that it is superior to the others in avoiding scepticism or infinite regress. (shrink)

Recently, a number of philosophers have argued that sensory images – “mental pictures” or other sense-based images of various situations – provide the best evidence for what is possible. In this paper I identify the best argument for this conclusion, but contend that it shows that certain non-sensory representations provide good evidence for possibility as well. That is, though I endorse the claim that the sensory imagination can be a source of evidence for what is possible, I deny that it (...) is the only source. I also sketch some consequences of this view for the thesis that sensations and perceptual experiences are identical to physical states. (shrink)