In «Naturalized Epistemology and the Law of Evidence Revisited», the original target article for the various refutations that I comment on here, I revisited through a slightly different lens the subject of the article that I coauthored with Brian Leiter close to twenty years ago. That article has prompted four responses from Professors Pardo, Spellman, Muffato, and Enoch. Professors Pardo and Spellman basically accept the implications of the original article and offer useful but friendly amendments. Prof. Muffato apparently does not (...) want to dispute over my ground and so changes the subject, and in doing so offers a number of interesting points. Only the fourth, Prof. Enoch, has the same doubts about the utility of my original article as I do of the genre that gave rise to it. I can thus be quite brief in discussing professors Pardo, Spellman, and Muffato, but it will take bit more effort to lay out the limits of Prof. Enoch’s analysis. (shrink)

We revisit Naturalized Epistemology and the Law of Evidence, published twenty years ago. The evolution of the relative plausibility theory of juridical proof is offered as evidence of the advantage of a naturalized approach to the study of the field and law evidence. Various alternative explanations of aspects of juridical proof from other disciplines are examined and their shortcomings described. These competing explanations are similar in their reductive, a priori approaches that are at odds with an empirically oriented naturalized approach. (...) The shortcomings of the various a priori approaches are driven by their common methodological commitments to employing weird hypotheticals to engage in intuition mining about the American legal systems that in turn ignore important aspects of the actual legal systems and consistently make impossible epistemological demands. As a result, both their descriptions of and prescriptions for American legal systems are implausible, unlike the relative plausibility theory. (shrink)

Legal scholarship exploring the nature of evidence and the process of juridical proof has had a complex relationship with formal modeling. As evident in so many fields of knowledge, algorithmic approaches to evidence have the theoretical potential to increase the accuracy of fact finding, a tremendously important goal of the legal system. The hope that knowledge could be formalized within the evidentiary realm generated a spate of articles attempting to put probability theory to this purpose. This literature was both insightful (...) and frustrating. Much light was shed on the legal system, but it also quickly became evident that the tools of probability theory were in many ways ill-constructed for the task. Fundamental incompatibilities between the structure of legal decision making and the extant formal tools were identified, and it became evident that many of the purported explanations of legal phenomena were internally inconsistent. As a consequence, interest in this type of formal modeling declined, and attention was directed toward different kinds of explanations of the phenomena. Perhaps under the influence of a recent trend toward various types of formal modeling in legal scholarship, a recent burst of articles, rather than attempting to explain the macro structure of trials, which was the previous object of interest, attempts to quantify the probative value of various items of evidence in ways consistent with the formal features of various probability theories, and then to study decision making from that perspective. For example, the value of evidence is often purported to be its likelihood ratio, that is, the probability of discovering or receiving the evidence given a hypothesis (e.g., the defendant did it) divided by the probability of discovering or receiving the evidence given the negation of the hypothesis (the defendant didn't do it). Alternatively, the value of evidence is purported (more contextually) to be the information gain it provides, defined as the increase in probability it provides for a hypothesis above the probability of the hypothesis based on the other available evidence. Both conceptions then assume that all of the various probability assessments conform or ought to conform to the dictates of Bayes' theorem (that maintains consistency among such assessments); empirical studies are then done testing the extent to which this is so and proposing how the law can increase the probability that it is so. The general criticisms of using Bayes' theorem as a formal model of juridical proof are well known and were integral to the last wave of interest in formal modeling of the evidentiary process. This paper thus for the most part puts aside that more general issue, and focuses specifically on mathematical modeling of the value of particular items of evidence. The paper demonstrates that formal modeling has only limited value in explaining the value of legal evidence, much more limited than those constructing and discussing the models assume, and thus that the conclusions they draw about the value of evidence are unwarranted. This is done through a discussion of four recent examples that attempt to quantify evidence relating to, respectively, carpet fibers, infidelity, DNA random-match evidence, and character evidence used to impeach a witness. This article thus makes two contributions. First, and most importantly, it is another demonstration of the complex relationship between algorithmic tools and legal decision making. Second, at a minimum it points out serious pitfalls for analytical or empirical studies of juridical proof. (shrink)

In this essay I argue that T. S. Kuhn, at least in his later works, can be regarded as a perspectival realist. This is a retrospective interpretation based mainly on the essays published posthumously under the title The Road Since Structure (Kuhn 2000). Among the strongest grounds for this interpretation is that Kuhn explicitly states that one must have a “lexicon” in place before raising questions about the truth or falsity of claims made using elements of the lexicon. This, in (...) a linguistic framework, can be understood as an affirmation of perspectival realism. The essay concludes with an examination of Donald Davidson’s famous paper, “On The Very Idea of a Conceptual Scheme,” arguing, along lines Kuhn himself suggested, that Davidson’s presentation is no threat to his notion of a conceptual scheme, or, I would add, a theoretical perspective. (shrink)

While the term “metacognition” is sometimes used to refer to any form of thinking about thinking, in cognitive psychology, it is typically reserved for thinking about one’s own thinking, as opposed to thinking about others’ thinking. How metacognition in this more specific sense relates to other-directed mindreading is one of the main theoretical issues debated in the literature. This article considers the idea that we make use of the same or a largely similar package of resources in conceptually interpreting our (...) own mind as we do in interpreting others’. I assume that a capacity for other-directed mindreading is minimally shared with our great-ape relatives, but I argue that the architecture of this system had to be substantially modified before it could efficiently and adaptively be turned inwards on one’s own mind. I contend that an important piece of the overall evolutionary explanation here likely concerns selection pressures arising from the domain of conversational interaction. Specifically, drawing on work carried out in the human interaction studies tradition (e.g., conversation analysis), I argue that the smooth to-and-fro of conversational interaction can be seen to heavily depend on metacommunicative capacities, which, in turn, are underpinned by metacognitive capacities. I conclude with a thumbnail sketch of an evolutionary account of the emergence of these metacognitive capacities in the human line. Their appearance and spread – whether via genes, cultural learning, or more likely, some combination of the two – helps to explain the transition from great-ape communication to human conversation. (shrink)

Morrison points out many similarities between the roles of simulation models and other sorts of models in science. On the basis of these similarities she claims that running a simulation is epistemologically on a par with doing a traditional experiment and that the output of a simulation therefore counts as a measurement. I agree with her premises but reject the inference. The epistemological payoff of a traditional experiment is greater (or less) confidence in the fit between a model and a (...) target system. The source of this payoff is the existence of a causal interaction with the target system. A computer experiment, which does not go beyond the simulation system itself, lacks any such interaction. So computer experiments cannot confer any additional confidence in the fit (or lack thereof) between the simulation model and the target system. (shrink)

Robots are slowly, but certainly, entering people's professional and private lives. They require the attention of regulators due to the challenges they present to existing legal frameworks and the new legal and ethical questions they raise. This paper discusses four major regulatory dilemmas in the field of robotics: how to keep up with technological advances; how to strike a balance between stimulating innovation and the protection of fundamental rights and values; whether to affirm prevalent social norms or nudge social norms (...) in a different direction; and, how to balance effectiveness versus legitimacy in techno-regulation. The four dilemmas are each treated in the context of a particular modality of regulation: law, market, social norms, and technology as a regulatory tool; and for each, we focus on particular topics? such as liability, privacy, and autonomy? that often feature as the major issues requiring regulatory attention. The paper then highlights the role and potential of the European framework of rights and values, responsible research and innovation, smart regulation and soft law as means of dealing with the dilemmas. (shrink)

We show that either of the following hypotheses imply that there is an inner model with a proper class of strong cardinals and a proper class of Woodin cardinals. 1) There is a countably closed cardinal k ≥ N₃ such that □k and □(k) fail. 2) There is a cardinal k such that k is weakly compact in the generic extension by Col(k, k⁺). Of special interest is 1) with k = N₃ since it follows from PFA by theorems of (...) Todorcevic and Velickovic. Our main new technical result, which is due to the first author, is a weak covering theorem for the model obtained by stacking mice over $K^c ||k.$. (shrink)

The paper argues that the point of a business ethics course is to improve behavior in business, and that an essential ingredient in thatimproved behavior is knowing what's right or wrong. To make that claim, the paper attempts to dispose of three arguments which support the contrary claim, that business ethics courses are useless. First, it is argued that morals can't be taught, since they only result from training. Second, it is argued that such courses are unnecessary because business executives (...) already know right from wrong. Third, it is argued that ethical knowledge is impossible, so there is nothing to teach. The first two arguments are dealt with briefly, and the third is addressed extensively. The paper argues that the scepticism about ethical knowledge is part of a pervasive "relativism" in our society, but shows that such a relativism/scepticism is untenable and indicates how ethical knowledge is possible. If, then, knowledge of rightand wrong is an essential ingredient for improving business behavior, and such knowledge can be imparted in an ethics course, there is some point to teaching business ethics. (shrink)

The problem of providing mandated medical care has become commonplace as correctional systems in the United States struggle to manage unprecedented increases in its aging prison population. This study explores older incarcerated women’s perceptions of prison health care policies and their day-to-day survival experiences. Aggregate data obtained from a sample of 327 older women residing in prison facilities in five Southern states were used to identify a baseline of health conditions and needs for this vulnerable group. With an average of (...) 4.2 chronic health conditions, frequently histories of victimization, and high rates of mental health issues, the women’s experiences of negotiating health care was particularly challenging. By incorporating the voices of older women, we expose the contradictions, dilemmas, and obstacles they experience in their attempts to obtain health care. It is clear from the personal accounts shared that, despite court mandates, penal harm practices such as delaying or denying medical treatment as well as occasional staff indifferences are common in women’s prisons. With older women having the greatest need for health care, an age- and gender-sensitive approach is recommended. (shrink)

Ronald S Laura, Michael Leahy; Religious Upbringing and Rational Autonomy, Journal of Philosophy of Education, Volume 23, Issue 2, 30 May 2006, Pages 253–265, h.

Lev Vygotsky has acquired the status of one of the grand masters in psychology. Following the English translation and publication of his Collected Works there has been a new wave of interest in Vygotsky, accompanied by a burgeoning of secondary literature. Ronald Miller argues that Vygotsky is increasingly being 'read' and understood through secondary sources and that scholars have claimed Vygotsky as the foundational figure for their own theories, eliminating his most distinctive contributions and distorting his theories. Miller peels (...) away the accumulated layers of commentary to provide a clearer understanding of how Vygotsky built and developed his arguments. In an in-depth analysis of the last three chapters of Vygotsky's book Thinking and Speech, Miller provides a critical interpretation of the core theoretical concepts that constitute Vygotsky's cultural-historical theory, including the development of concepts, mediation, the zone of proximal development, conscious awareness, inner speech, word meaning and consciousness. (shrink)

As consumer lifestyles have changed over recent decades, people have increasingly turned to meals prepared away from home. A major consequence of this shift in eating patterns has been a concomitant rise in obesity rates worldwide. Research has consistently documented that consumers tend to make less healthy choices when purchasing prepared meals away from home. In part, this can be attributed to inadequate information at the time of purchase; both nutrition experts and lay consumers tend, for example, to underestimate calories (...) in food purchased away from home and thus portion sizes tend to be larger. Thus, by requiring restaurants and other purveyors of prepared foods to provide the calorie content and other nutrition information at the point of purchase, consumers should be able to make more informed decisions and public health should be improved. The often maligned Affordable Care Act (i.e., “Obamacare”) addressed this issue in a mandate calling for compulsory nutrition labeling of prepared foods at the point of sale. In response to this effort, conservatives in Congress introduced the “Common Sense Nutrition Disclosure Act” (CSNDA) which, if enacted, would have effectively eviscerated the menu labeling provisions mandated by the Affordable Care Act. The stated rationale behind this legislation: to protect small business and prevent job loss resulting from overly‐burdensome federal regulations. This article provides a historical look at the evolution of federally mandated menu labeling in the United States with particular emphasis on opposition to its passage. The position is taken such that this legislation is beneficial, warranted, and long overdue, and its opposition, as reflected in the CSNDA, points to the need for new metrics when evaluating public policy. (shrink)

Kenny, A. Descartes on the will.--McRae, R. Innate ideas.--McRae, R. Descartes' definition of thought.--Gombay, A. Cogito ergo sum: inference or argument?--Ashworth, E. J. Descartes' theory of clear and distinct ideas.--Alexander, R. E. The problem of metaphysical doubt and its removal.--Tweyman, S. The reliability of reason.--Percival, W. K. On the non-existence of Cartesian linguistics.

In Silencing the Demon’s Advocate, Rubin presents an interpretation of Descartes’ Meditations that avoids many of the standard objections to Descartes’ ...

Individuals in managerial and professional jobs now work long hours for a variety of reasons. Building on previous research on workaholism and on types of passion, the results of three exploratory studies of correlates of work-based Passion and Addiction are presented. Data were collected in three samples using anonymously completed questionnaires: Canadian managers and professionals, Australian psychologists, and Norwegian journalists. A common pattern of findings was observed in the three samples. First, respondents scoring higher on Passion and on Addiction were (...) more heavily invested in their work. Second, respondents scoring higher on Passion also indicated less obsessive job behaviors, greater work satisfactions, and higher levels of psychological well-being. Third, respondents scoring higher on Addiction indicated more obsessive job behaviors, lower work satisfaction, and lower levels of psychological well-being. (shrink)

In October of 2009, Trevor Keezer was terminated by Home Depot for refusing to remove a pin from his uniform declaring “One Nation under God, Indivisible.” Mr. Keezer, a cashier with Home Depot, contended that the button he had worn for over one year before any action was taken by his employer expressed his support for American troops and his Christian faith. Were the actions taken by his employer warranted or was Mr. Keezer the victim of arbitrary religious discrimination unrelated (...) to job performance? Religion is becoming an increasingly polarizing issue in the workplace, forcing retail managers to balance the respective interests of employees, coworkers, and patrons of retail establishments. And from all indications, if legislation pending in Congress is enacted, maintaining the balance will become more problematic. (shrink)

ABSTRACTFast food chains such as McDonald's, KFC, and Burger King are major players in the production, marketing, and consumption of animal‐derived food throughout the world. Animal rights activists are quick to point out the link between the highly efficient factory farms that supply these chains and extreme animal cruelty and environmental degradation. Strategically, fast food is well positioned to leverage change in the methods by which animals are raised and processed for human consumption. Although progress has been made as the (...) fast food industry has responded to pressure exerted by animal rights organizations, there is little indication of true collaborative efforts that would harness the power of the market to bring about substantive changes in the way the consuming public views the issue of animal welfare and food production. (shrink)

Following a series of national protests in support of an increase in the federal minimum wage, many fast food workers faced retaliation by their employers when they returned to work; schedules were changed, wages and hours were reduced, and some employees were terminated. These retaliatory actions resulted in a number of complaints being filed with the National Labor Relations Board alleging violations of the National Labor Relations Act. Several of the complaints were found to have merit and, additionally, in several (...) instances both the immediate employer, the franchisee, and the corporate organization of which it was a part, the franchisor, were named as co‐defendants. This ruling—that franchisors like McDonald’s USA—could be held jointly responsible for the labor violations of independent franchisees reversed a long‐standing precedent, whereby franchisees were regarded as independent contractors solely responsible for day‐to‐day labor practices, including compliance with federal and state labor statutes. Critics of the ruling argue that it will open the door to unionization and may well spell the end of the service‐sponsor franchising format. Supporters of the NLRB argue that the ruling is just and reflects new “industrial realities” in retail labor markets. Further, a case can be made that the NLRB’s position represents a step in the direction of the restoration of more equitable balance of power between labor and management. (shrink)

Dating back to the 1930s, President Franklin D. Roosevelt argued that workers were entitled to a wage that allowed them to enjoy a decent standard of living—a conviction that led the president to propose the first federally-mandated minimum wage. Mr. Roosevelt’s proposal was met with highly partisan resistance in congress and the courts—reactions not different in kind from the highly partisan resistance former President Obama experienced in his proposal to increase the federal minimum wage from its current level of $7.25 (...) per hour. Reflecting President Roosevelt’s convictions, it is clear that many low wage workers today are not, and cannot, enjoying a decent standard of living at current minimum wage levels. Further, many of the economic arguments raised in opposition to increasing the minimum wage have been thoroughly discredited: empirical evidence suggests that increased minimum wages would not lead to dramatic spikes in unemployment, massive substitutions of capital for labor, business closings, and significantly increased consumer prices. However, as compelling as arguments for increasing the minimum wage may be, the reality is that this may not be sufficient to alleviate the plight of low income workers, particularly given the political nature of minimum wage adjustments. Indeed, it may be time to shift the national focus away from the minimum wage to an emphasis on viable living wage legislation, a proposition consistent with the social justice perspective of contemporary ethicists. (shrink)

In the last two centuries, our world would have been a safer place if philosophers such as Rousseau, Marx, and Nietzsche had not given intellectual encouragement to the radical ideologies of Jacobins, Stalinists, and fascists. Maybe the world would have been better off, from the standpoint of sound practice, if philosophers had engaged in only modest, decent theory, as did John Stuart Mill. Yet, as Ronald Beiner contends, the point of theory is not to think safe thoughts; the point (...) is to open intellectual horizons. In Philosophy in a Time of Lost Spirit, Beiner reflects on the dualism of theory and practice. The purpose of the theorist is not to offer sensible guidance on the conduct of social life but to test the boundaries of our vision of social order. Whereas the liberal citizen should embody the practical virtues of prudence and moderation, the theorist should be radical, probing, and immoderate. Looking back at the liberal-communitarian debate of the 1980s, Beiner recognizes that the antidote to our spiritless times lies neither in the embrace of community over individualism nor of individualism over community: both individual and community need to be submitted to radical questioning. It is by exposing ourselves to the challenge of fearless thinking encountered at the philosophical extremities that we are most likely to understand our own world at a deeper level. In this collection of essays and reviews, Ronald Beiner helps us to think critically about the thought-worlds of our foremost contemporary thinkers, including Hannah Arendt, Allan Bloom, Michel Foucault, Hans-Georg Gadamer, J¦rgen Habermas, Will Kymlicka, Christopher Lasch, Richard Rorty, Judith Shklar, Leo Strauss, Charles Taylor, and Michael Walzer. (shrink)

Although rejecting the core values of the modern worldview, postmodernism may prove to be more blessing than bane for worshiping communities. From deconstruction to apologetics, the postmodern context calls for new ways of preaching the gospel.

From the very outset of his literary and intellectual career Rousseau saw himself as an uncompromising critic of contemporary society. As he has vividly related in his personal writings, the famous moment of ‘illumination’ when he was on the way to visit his friend Diderot imprisoned in the Chateau de Vincennes not only gave him a vision of ‘another universe’ but transformed him into ‘another man’. An overwhelming ‘enthusiasm for truth, freedom and virtue’ made him henceforth reject the corrupt values (...) of the society he saw around him; ‘to be free and virtuous and above fortune and opinion’ seemed a greater and nobler attitude than servile acquiescence in the ‘maxims of his age’. (shrink)

The paper describes and discusses unethical behavior in organizations, as a result of (interacting) disputable leadership and ethical climate. This paper presents and analyzes the well-known bond trading scandal at Salomon Brother to demonstrate the development of an unethical organizational culture under the leadership of John Gutfreund. The paper argues that leaders shape and reinforce an ethical or unethical organizational climate by what they pay attention to, how they react to crises, how they behave, how they allocate rewards, and how (...) they hire and fire individuals. (shrink)

Many environmental problems are longitudinal collective action problems. They arise from the cumulative unintended effects of a vast amount of seemingly insignificant decisions and actions by individuals who are unknown to each other and distant from each other. Such problems are likely to be effectively addressed only by an enormous number of individuals each making a nearly insignificant contribution to resolving them. However, when a person’s making such a contribution appears to require sacrifice or costs, the problem of inconsequentialism arises: (...) given that a person’s contribution, although needed (albeit not necessary), is nearly inconsequential to addressing the problem and may require some cost from the standpoint of the person’s own life, why should the person make the effort, particularly when it is uncertain (or even unlikely) whether others will do so? In this article I argue that justifications for making the effort to respond to longitudinal collective action environmental problems are, on the whole, particularly well supported by virtue-oriented normative theories, on which character traits are evaluated as virtues and vices consequentially or teleologically and actions are evaluated in terms of virtues and vices. If ethical theories are to be assessed on their theoretical and practical adequacy, and if providing a compelling response to the problem of inconsequentialism is an instance of such adequacy, then this is a reason for preferring virtue-oriented ethical theory over non-virtue-oriented ethical theories, such as Kantian, act utilitarian, and global utilitarian theories. (shrink)