This article explores the relationships between legal proof and fundamental epistemic concepts such as knowledge and justification. A survey of the legal literature reveals a confusing array of seemingly inconsistent proposals and presuppositions regarding these relationships. This article makes two contributions. First, it reconciles a number of apparent inconsistencies and tensions in accounts of the epistemology of legal proof. Second, it argues that there is a deeper connection between knowledge and legal proof than is typically argued for or presupposed in (...) the legal literature. This connection is illustrated through a discussion of the Gettier problem in epistemology. It is argued that the gap or disconnect between truth and justification that undermines knowledge in Gettier cases also potentially undermines the success of legal verdicts. (shrink)

John Martin Fischer's The Metaphysics of Free Will is devoted to two major projects. First, Fischer defends the thesis that determinism is incompatible with a person's control over alternatives to the actual future. Second, Fischer defends the striking thesis that such control is not necessary for moral responsibility. This review essay examines Fischer's arguments for each thesis. Fischer's defense of the incompatibilist thesis is the most innovative to date, and I argue that his formulation restructures the free will debate. To (...) defend his second thesis Fischer relies upon examples designed to show that an agent is responsible for an unavoidable action. I criticize Fischer's account of these examples, but I also maintain that my criticisms do not compromise his theory of responsibility. I raise several other difficulties for Fischer's theory of responsibility, and I close by offering some suggestions about how he might further defend it. (shrink)

This article examines the variety of men's responses to feminism in late nineteenthand early twentieth-century United States through texts that addressed the claims raised by the turn-of-the-century women's movements. Antifeminist texts relied on traditional arguments, as well as Social Darwinist and natural law notions, to reassert the patriarchal family and to oppose women's suffrage and participation in the public sphere. Masculinist texts sought to combat the purported feminization of American manhood by proposing islands of masculinity, untainted by feminizing forces; proscribed (...) homosociality was also cast as an effective antidote to homosexuality. Profeminist texts openly embraced women's claims for changes in public participation and private and family life, both out of a sense of justice and the conviction that such changes would benefit men and challenge the emerging industrial capitalist order. Parallels to contemporary men's responses to the women's movement are suggested. (shrink)

_From the president of Wesleyan University, a compassionate and provocative manifesto on the crises confronting higher education_ In this bracing book, Michael S. Roth stakes out a pragmatist path through the thicket of issues facing colleges today to carry out the mission of higher education. With great empathy, candor, subtlety, and insight, Roth offers a sane approach to the noisy debates surrounding affirmative action, political correctness, and free speech, urging us to envision college as a space in which students (...) are empowered to engage with criticism and with a variety of ideas. Countering the increasing cynical dismissal—from both liberals and conservatives—of the traditional core values of higher education, this book champions the merits of different diversities, including intellectual diversity, with a timely call for universities to embrace boldness, rigor, and practical idealism. (shrink)

Proposed lie-detection technology based on neuroscience poses significant challenges for the law. The law must respond to the science with an adequate understanding of such evidence, its significance, and its limitations. This paper makes three contributions toward those ends. First, it provides an account of the preliminary neuroscience research underlying this proposed evidence. Second, it discusses the nature and significance of such evidence, how such evidence would fit with legal practices and concepts, and its potential admissibility. Finally, it analyzes the (...) constitutional protections that may limit the compelled production of such evidence. (shrink)

This book is a sophisticated, detailed, and original examination of the main ideas that have dominated Anglo-American legal philosophy since the Second World War. The author probes such themes as: whether there can be right answers to all disputed law cases; how laws and other rules impact on the practical rationality of actors subject to their authority; whether general principles justifying the law must themselves be thought of as part of the law binding on legal actors; and the possibility of (...) an interpretivist jurisprudence that is continuous with law practice in a given culture. (shrink)

Work was conducted among traditional, subsistence whale hunters in Lamalera, Indonesia, in order to test if strict biological kinship or lineage membership is more important for explaining the organization of cooperative hunting parties ranging in size from 8 to 14 men. Crew identifications were collected for all 853 hunts that occurred between May 3 and August 5, 1999. Lineage identity and genetic relatedness were determined for a sample of 189 hunters. Results of matrix regression show that genetic kinship explains little (...) of the hunters’ affiliations independent of lineage identity. Crew members are much more closely related to each other than expected by chance, but this is due to the correlation between lineage membership and genetic kinship. Lineage members are much more likely to affiliate in crews, but kin with r<0.5 are just as likely not to affiliate. The results are discussed vis-à-vis the evolution of cooperation and group identity. (shrink)

The European post-Marxist work Empire by Hardt and Negri points to the theological/metaphysical underpinnings of modernity and global capitalism in the medieval shift from Trinitarian orthodoxy to nominalism. Though Hardt and Negri reject religious or transcendental approaches to the social, their work shows remarkable resemblances with the ontological critique of modernity and economism mounted by John Milbank and Stephen Long among others. By contrast the considerable oeuvre of Ronald Preston on capitalism lacks a deep ontological critique. The return of ontology (...) to theological economics in recent contributions from Gorringe, Long, Milbank and Northcott marks a significant recovery of a more theological orthodoxy, but also a more thoroughgoing critique of economism whether in capitalist or socialist guise. It is moreover a critique which highlights the significance of the economic actions of churches and Christians. (shrink)

This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

This is the first scholarly study of Atlas Shrugged, covering in detail the historical, literary, and philosophical aspects of Ayn Rand's magnum opus. Topics explored in depth include the history behind the novel's creation, publication, and reception; its nature as a romantic novel; and its presentation of a radical new philosophy.

From the concrete experience of war, Michael S. Yandell constructs a phenomenology of “negative revelation” in which false or distorted claims of goodness and justice disintegrate and become meaningless, adding depth to the term moral injury.

Mechanical Choices details the intimate connection that exists between morality and law: the morality we use to blame others for their misdeeds and the criminal law that punishes them for these misdeeds. This book shows how both law and morality presuppose the accuracy of common sense, a centuries-old psychology that defines people as rational agents who make honorable choices and act for just reasons. It then shows how neuroscience is commonly taken to challenge these fundamental psychological assumptions.

_From the president of Wesleyan University, an illuminating history of the student, spanning from antiquity to Zoom “[Roth] has a clear vision for what it ought to mean to be a student: Learn what you love to do, get better at it, and then share it with others.”—David Perry, _Washington Post__ In this sweeping book, Michael S. Roth narrates a vivid and dynamic history of students, exploring some of the principal models for learning that have developed in very different (...) contexts, from the sixth century BCE to the present. Beginning with the followers of Confucius, Socrates, and Jesus and moving to medieval apprentices, students at Enlightenment centers of learning, and learners enrolled in twenty-first-century universities, he explores how students have been followers, interlocutors, disciples, rebels, and children becoming adults. There are many ways to be a student, Roth argues, but at their core is developing the capacity to think for oneself by learning from others, and thereby finding freedom. In an age of machine learning, this book celebrates the student who develops more than mastery, cultivating curiosity, judgment, creativity, and an ability to keep learning beyond formal schooling. Roth shows how the student throughout history has been someone who interacts dynamically with the world, absorbing its lessons and creatively responding to them. (shrink)

Mircea Eliade, the renowned scholar of Romanian origin, wrote that Lucian Blaga was the greatest Romanian philosopher of all time. Blaga was intensely interested in both culture and religion as areas of philosophical investigation. Blaga’s philosophy proposes a metaphysics that explains the origin of culture and its unrivaled significance to humanity. His philosophy also endeavors to explicate the relationship between culture and religion. Blaga finds that religion is a cultural product, but does not view this as a detriment to religion. (...) On the contrary, according to Blaga, it is the very fact that religion is an expression of cultural creativity that gives religion its beauty. This article will introduce Blaga’s philosophy of culture and his philosophy of religion, explain the relationship between them, and show that Blaga accorded high honor to both. (shrink)

A theory of embolism based on an optimization model of blood flow is proposed and used to explain the topographic distribution of emboli in arterial trees.

ABSTRACTThis article defends the importance of epistemic safety for legal evidence. Drawing on discussions of sensitivity and safety in epistemology, the article explores how similar considerations apply to legal proof. In the legal context, sensitivity concerns whether a factual finding would be made if it were false, and safety concerns how easily a factual finding could be false. The article critiques recent claims about the importance of sensitivity for the law of evidence. In particular, this critique argues that sensitivity does (...) not have much of an effect on the value of legal evidence and that it fails to explain legal doctrine. By contrast, safety affects the quality of legal evidence, and safety better explains central features of the law of evidence, including probative value, admissibility rules, and standards of proof. (shrink)

Flying several miles above ground for several thousand miles gives one pause for reflection. "Don't worry about the world coming to an end today, sir," says one of the children in Peanuts. "It's already tomorrow in Australia." Enroute to Taipei, I suspected that travelling halfway around the world to participate in the 3rd International Conference Philosophy for Children would stand me on my head. I was right. I knew before I left that half of today in Taipei is somehow concurrent (...) with half of yesterday in Kalamazoo. So my head was already spinning a bit as my plane traversed time zone after time zone, making today earlier and earlier until, suddenly--it was tomorrow. (shrink)

IntroductionDespite the fact that group fitness instructors serve as significant role models with potentially great impact on class participants' motivation for exercise, they are a very under-researched group. The aim of this study was therefore to examine group fitness instructors' motivational regulations for exercise, and how these motivational regulations can predict symptoms of exercise dependence and body image concerns.MethodsGroup fitness instructors from the largest fitness companies in Norway completed an online survey with reference to the Situational Motivation Scale, the Exercise (...) Dependence Scale, the Eating Disorders Inventory subscales drive for thinness and body dissatisfaction, and their weekly amount of exercise and instruction.ResultsThe instructors scored high on identified regulation and intrinsic regulation for exercise. EDS total score was positively correlated with all SIMS subscales and weekly instruction was positively correlated with Intrinsic regulation. Multiple hierarchical regression analyses found that both self-determined motivational regulations as well as external regulation positively predicted their EDS score. External regulation positively predicted EDI-DT, and EDI-BD.ConclusionGroup fitness instructors seem highly intrinsically motivated for exercise, which is hypothesized to have a positive impact on group fitness class participants. High self-determined exercise behavior does not seem to buffer against symptoms of exercise dependence within this specific population. There is a need for awareness of group fitness instructors who show high exercise dependency scores due to the link to body image concerns, amotivation and external regulated motivation. (shrink)

Orthodox academic Marxism used to make revolutions sound something like boxing matches: two fully mobilized classes, locked in irreconcilable conflict, enter the ring and slug it out. To the winner went the crown (almost literally) — class control of the state. Happily, recent studies of revolution have exposed this tired formula as theoretically simplistic and historically inaccurate. The impressive theoretical model-building by some historical sociologists has made it impossible to focus only on class struggle when explaining revolutions. New elements — (...) the position of the state in an international arena of geopolitical competition, the mobilization of classes towards an international labor market, the complex relationships among classes and the state — have added to the structural equation. (shrink)

This article aims to highlight why R. S. Peters' conceptual analysis of ‘education’ was such an important contribution to the normative field of philosophy of education. In the article, I do the following: 1) explicate Peters' conception of philosophy of education as a field of philosophy and explain his approach to the philosophical analysis of concepts; 2) emphasize several (normative) features of Peters' conception of education, while pointing to a couple of oversights; and 3) suggest how Peters' analysis might be (...) used to reinvigorate a conversation on one central educational aim—that of how we might educate citizens for the 21st century. (shrink)