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 details how patent law works to create discrete, immutable biological ‘objects’. This socio-legal maneuver is necessary to distinguish these artifacts from the unwieldy realm of the natural world. The creation of ‘objects’ also serves the interests of capital, where a stable, unchanging, immutable object goes hand in hand with commodification. Yet this stabilization is incomplete. Pointing to a variety of different examples, this article illustrates how biotech patents do not speak to specific, immutable things. Biotech patents, rather, are (...) better understood as ontologically fluid, which is to say their identity cannot be ‘fixed’ — or, at least, not without undermining the very existence of today’s biotechnology regime. The article concludes by speaking briefly about how this mutability is perpetuating certain inequalities, particularly between holders of various property forms. (shrink)

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- List of Contributors -- Preface -- Foreword -- Introduction -- Chapter 1 Alternate Possibilities and Moral Responsibility -- Chapter 2 Responsibility and Alternative Possibilities -- Chapter 3 Blameworthiness and Frankfurt's Argument Against the Principle of Alternative Possibilities -- Chapter 4 In Defense of the Principle of Alternative Possibilities: Why I Don't Find Frankfurt's Argument Convincing -- Chapter 5 Responsibility, Indeterminism and Frankfurt-style Cases: A Reply to (...) Mele and Robb -- Chapter 6 Classical Compatibilism: Not Dead Yet -- Chapter 7 Bbs, Magnets and Seesaws: The Metaphysics of Frankfurt-style Cases -- Chapter 8 Moral Responsibility without Alternative Possibilities -- Chapter 9 Freedom, Foreknowledge and Frankfurt -- Chapter 10 Source Incompatibilism and Alternative Possibilities -- Chapter 11 Robustness, Control, and the Demand for Morally Significant Alternatives: Frankfurt Examples with Oodles and Oodles of Alternatives -- Chapter 12 Alternate Possibilities and Reid's Theory of Agent-causation -- Chapter 13 Responsibility and Agent-causation -- Chapter 14 Soft Libertarianism and Flickers of Freedom -- Chapter 15 'Ought' Implies 'Can', Blameworthiness, and the Principle of Alternate Possibilities -- Chapter 16 The Moral Significance of Alternate Possibilities -- Chapter 17 The Selling of Joseph - A Frankfurtian Interpretation -- Chapter 18 Some Thoughts Concerning PAP -- Bibliography -- Index. (shrink)

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)

The rapid advancement of technology has led to an explosion of speculative theories about what the future of humankind may look like. These "technological futurisms" have arisen from significant advances in the fields of nanotechnology, biotechnology and information technology and are drawing growing scrutiny from the philosophical and theological communities. This text seeks to contextualize the growing literature on the cultural, philosophical and religious implications of technological growth by considering technological futurisms such as transhumanism in the context of the long (...) historical tradition of technological dreaming. Michael Burdett traces the latent religious sources of our contemporary technological imagination by looking at visionary approaches to technology and the future in seminal technological utopias and science fiction and draws on past theological responses to the technological future with Pierre Teilhard de Chardin and Jacques Ellul. Burdett's argument arrives at a contemporary Christian response to transhumanism based around the themes of possibility and promise by turning to the works of Richard Kearney, Eberhard Jüngel and Jürgen Moltmann. Throughout, the author highlights points of correspondence and divergence between technological futurisms and the Judeo-Christian understanding of the future. (shrink)

Like other aspiring geologists in the 1830s, Darwin focused heavily on the rising and falling of the earth's crust. I use his time in the Andes to underscore the importance he placed on larger questions of vertical movement, which mountains helped to solidify in his mind. His most impressive ramblings occurred in 1835 on two high passes in the Andes. Prior to his upland journey, he was well prepared to see the gradual movement of the earth's crust, but his time (...) in the mountains honed his vertical vision. His actual travels up and over enabled him to think more clearly about rise and fall, and how corresponding geographies could link the past to the present. Mountains were instructive backdrops to his theorizing, partly because he traveled through them, but also because his time there, linked with other geographies, became a means to foster his thinking both spatially and temporally. He did not think about mountains, but with them and through them. He is a good example of the broader vertical consciousness that directed many sciences at this time. (shrink)

The emotions of guilt, shame, disappointment and grief, and the bodily states of pain and suffering, have something in common, at least phenomenologically: they are all unpleasant, they feel bad. But how might we explain what it is for some state to feel bad or unpleasant? What, in other words, is the nature of negative affect? In this paper I want to consider the prospects for evaluativist theories, which seek to explain unpleasantness by appeal to negative evaluations or appraisals. In (...) particular, I want to consider versions of evaluativism that seek to explain negative affect in terms of a kind of negative perceptual experience. These views thus attempt to explain feeling bad in terms of seeing bad. Now the most prominent evaluativist accounts of negative affect have been developed in the pain literature, and so my paper will primarily be focused on the question of whether evaluativism can provide a plausible account of the painfulness or unpleasantness of pain. I will argue that evaluativism faces serious objections on this score. Since my conclusions can be extended to cover negative affect more generally, however, we have good reason to reject evaluativist accounts of the negative affect involved in emotional experience. My arguments will thus have implications for those interested in the nature of emotional valence. I'll conclude with some brief remarks about the shape that a ‘relational’ account of painfulness in particular, and of negative affect in general, should take, in light of these criticisms of evaluativism. In my view, such views should appeal, not to negative evaluations to explain feeling bad, but to dislike. (shrink)

A reconsideration of mill's theory of "higher pleasures," construed as a way of evaluating changes in preferences or character that result from changes in social environment. mill's account is criticized and partly reconstructed in light of modern preference theory, but viewed favorably as an illuminating attempt to address a fundamental problem in moral evaluation of social institutions. mill's advocacy of the higher pleasures is defended in particular against the charge that it is incompatible with his commitment to liberty.

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.

The second section contains chapters examining implicit bias and skepticism; the effects of implicit bias on scientific research; the accessibility of social stereotypes in epistemic environments; the effects of implicit bias on the self-perception of members of stigmatized social groups as rational agents; the role of gender stereotypes in philosophy; and the role of heuristics in biased reasoning. Volume 2: Moral Responsibility, Structural Injustice, and Ethics is comprised of three sections. 'Moral Responsibility for Implicit Bias' contains chapters examining the relationship (...) of implicit biases to concepts that are central to moral responsibility, including control, awareness, reasons-responsiveness, and alienation. The chapters in the second section--'Structural Injustice'--explore the connections between the implicit biases held by individuals and the structural injustices of the societies in which they are situated. (shrink)

The central contention of The Implicit Mind is that understanding the two faces of spontaneity-its virtues and vices-requires understanding the "implicit mind." In turn, Michael Brownstein maintains that understanding the implicit mind requires the consideration of three sets of questions. First, what are implicit mental states? What kind of cognitive structure do they have? Second, how should we relate to our implicit attitudes? Are we responsible for them? Third, how can we improve the ethics of our implicit minds?

This article explores the extent to which the I‐You relation should be applied to domains other than the human and the divine focusing particularly on artifacts and technology. Drawing first on the work of Martin Buber, Gabriel Marcel, and Martin Heidegger, I contend that the I‐You tradition has maintained I‐You relations with objects are possible even when these same figures level strong critiques of the I‐It relation. I extend these discussions and argue that some kind of You‐speaking for artifacts is (...) needed to combat rampant consumption and reduction of the world to pure utility. But, I equally suggest that there are limitations to applying the I‐You relation to artifacts precisely when doing so keeps us from having genuine relationships with other people as outlined by psychologist Sherry Turkle. Finally, I outline how this proposal impacts the doctrine of creation. In sum, it expands our intuitions of what is included in that doctrine creation. (shrink)

The third edition of a work that defines the field of cognitive neuroscience, with extensive new material including new chapters and new contributors.

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.

Practical Internalism holds that an agent's reasons for acting are entirely determined by his rational desires. This account is thought to be preferable to externalism, on the grounds that internalism alone can guarantee that agents have ‘rational motivational access’ (RMA) to their reasons. Rachel Cohon has recently argued that (i) internalism fails to ensure this, and (ii) an externalist account, akin to relativism, can guarantee RMA. I suggest that both of these claims are mistaken. I argue that relativism is best (...) understood as an internalist theory, and claim that one version of internalism can therefore guarantee RMA. (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 volume brings together papers by some of the leading figures working on virtue-theoretic accounts in both ethics and epistemology. A collection of cutting edge articles by leading figures in the field of virtue theory including Guy Axtell, Julia Driver, Antony Duff and Miranda Fricker. The first book to combine papers on both virtue ethics and virtue epistemology. Deals with key topics in recent epistemological and ethical debate.

Starting from Marr's ideas about levels of explanation, a theory of the data structures and access processes in human memory is demonstrated on 10 tasks. Functional characteristics of human memory are captured implementation-independently. Our theory generates a multidimensional task classification subsuming existing classifications such as the distinction between tasks that are implicit versus explicit, data driven versus conceptually driven, and simple associative (two-way bindings) versus higher order (threeway bindings), providing a broad basis for new experiments. The formal language clarifies the (...) binding problem in episodic memory, the role of input pathways in both episodic and semantic (lexical) memory, the importance of the input set in episodic memory, and the ubiquitous calculation of an intersection in theories of episodic and lexical access. (shrink)

In Consciousness and the Social Brain, Princeton neuroscientist Michael Graziano lays out an audacious new theory to account for the deepest mystery of them all.

Ayn Rand's first novel, We the Living, offers an early form of the author's nascent philosophy—the philosophy Rand later called Objectivism. Robert Mayhew's collection of entirely new essays brings together pre-eminent scholars of Rand's writing. In part a history of We the Living, from its earliest drafts to the Italian film later based upon it, Mayhew's collection goes on to explore the enduring significance of Rand's first novel as a work both of philosophy and of literature.

This article highlights that in our rush to call for the democratization of science and expertise we must not forget to speak to what type of democratization we are calling for. In short, not all participatory forms are the same. In developing this argument, I examine one such form that has yet to receive much attention from science and technology studies scholars: the agricultural field day. In examining the field day, we find that its orientation—that is, toward either the conventional (...) or sustainable model of agriculture—shapes significantly its democratic approach to knowledge coproduction. To help inform how we understand conventional and sustainable field days, I turned to two conceptual frameworks of participation: namely, that of Wynne and Funtowicz and Ravetz. In doing this, we find that conventional field days mirror closely that form of public participation detailed by Funtowicz and Ravetz, while sustainable field days reflect that conceptualized by Wynne. (shrink)

The essays in this collection treat historical, literary, and philosophical topics related to Ayn Rand's Anthem, an anti-utopia fantasy set in the future. The first book-length study on Anthem, this collection covers subjects such as free will, political freedom, and the connection between freedom and individual thought and privacy.

This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the "same" (...) for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book contributes to the development of a coherent theory of action in philosophy. It provides a grounding in three of the most basic elements of criminal liability for legislators, judges, and the lawyers who argue to them. (shrink)

Since learning emerges from a circuit mediating behavior it is unrealistic to require LTP to be a sufficient explanation of it; however, LTP is a necessary component of some learning circuits. The properties of that component bear a closer formal relationship to the acquisition of associative strength than to the modulation of attention.

Adam Smith and Thomas Reid follow Joseph Butler's lead in discussing the moral significance of resentment in great detail. David Hume does not. For Smith and Reid, resentment reveals shortcomings in Hume's attempt to ground justice solely in terms of self-interest and public utility. This can be seen most clearly in Reid's critique of Hume's response to the sensible knave. Reid argues that Hume's appeal to our integrity can have force only if Hume concedes that there are elements of justice (...) that are grounded in neither self-interest nor public utility. (shrink)