Describes in text and photographs mitzvos that Jewish children can do.

Much legal research focuses on understanding how judicial decision-makers exercise their discretion. In this paper we examine the notion of legal or judicial discretion, and weaker and stronger forms of discretion. At all times our goal is to build cognitive models of the exercise of discretion, with a view to building computer software to model and primarily support decision-making. We observe that discretionary decision-making can best be modeled using three independent axes: bounded and unbounded, defined and undefined, and binary and (...) continuous. Examples of legal tasks are given from each of the eight ensuing octants and we conclude by saying what this model shows about current legal trends. We should stress that our taxonomy has been based on our observations of how discretionary legal decisions are made. No claim is made that our model is either complete (providing advice in every domain) or exact, but it does help knowledge engineers construct legal decision support systems in discretionary domains. (shrink)

This paper considers the problem of how to evaluate an offender’s criminal record. This evaluation is part of the sentencing process carried out by a judge, and may be complicated in the case of offenders with a heavy record. We give a comprehensive overview of the approach to an offender’s past record in various (Western) countries, considering the two major approaches: desert-based and utilitarian. The paper describes the determination of the parameters involved in the evaluation, and the construction of a (...) decision support system to be used by a judge about to pass sentence in a criminal case. The system may be used as a stand-alone system, but can also be integrated as a component of a general sentencing support system, e.g. a statistical sentencing information system. The system is a knowledge-based system. The knowledge base (in rule-form) was created primarily by eliciting knowledge from experts (judges, lawyers, academics and probation officers), but also by applying statutory law, case law and legal authoritative texts. It is flexible in the sense, that a user can introduce his1 own preferences (expressed as numerical coefficients) and thereby apply different sentencing principles. The prototype is at present undergoing testing by some of the participating judges. (shrink)

In virtue of what is something a reason for action? That is, what makes a consideration a reason to act? This is a metaphysical or meta-normative question about the grounding of reasons for action. The answer to the grounding question has been traditionally given in ‘pure’, univocal terms. This paper argues that there is good reason to understand the ground of practical normativity as a hybrid of traditional ‘pure’ views. The paper 1) surveys the three leading ‘pure’ answers to the (...) question of a normative ground, 2) examines one or two of the most difficult problems for each, proposing along the way a new objection to one, and 3) argues that a particular hybrid view about normative grounds –‘hybrid voluntarism’ – avoids each of the main problems faced by the three leading ‘pure’ views. (shrink)

Marcus argues that moral dilemmas are real, but that they are not the result of inconsistent moral principles. Moral principles are consistent just in case there is some world where all principles are 'obeyable.' They are inconsistent just in case there is no world where all are 'obeyable.' What this logical point is meant to show is that moral dilemmas do not make moral codes inconsistent. She also discusses guilt, and argues that guilt is still appropriate even in cases of (...) conflict, even when the agent thinks the right thing to do is clear. (shrink)

Three experiments are reported which show that in certain contexts subjects reject instances of the valid modus ponens and modus tollens inference form in conditional arguments. For example, when a conditional premise, such as: If she meets her friend then she will go to a play, is accompanied by a conditional containing an additional requirement: If she has enough money then she will go to a play, subjects reject the inference from the categorical premise: She meets her friend, to the (...) conclusion: She will go to a play. Other contexts suppress the conditional fallacies. The first experiment demonstrates the effects of context on conditional reasoning. The second experiment shows that the inference suppression disappears when the categorical premise refers to both of the antecedents, such as: She meets her friend and she has enough money. In this case, subjects make both the valid inferences and the fallacies, regardless of the contextual information. The third experiment establishes that when subjects are given general information about the duration of a situation in which a conditional inducement was uttered, such as: If you shout then I will shoot you, they reject both the valid inferences and the fallacies. The results suggest that the interpretation of premises plays an even more central role in reasoning than has previously been admitted. Trois expériences montrent que dans certains contextes les sujets rejettent des instances valides de modus ponens et de modus tollens dans des énoncés conditionnels. Par exemple, quand une prémisse conditionnelle comme: Si elle rencontre son ami, alors elle ira jouer, est accompagnée par une phrase contenant une condition supplémentaire: Si elle a assez d'argent, alors elle ira jouer, les sujets rejettent l'inférence liant la prémisse catégorielle: Elle rencontre son ami, à la conclusion: Elle ira jouer. D'autres contextes éliminent également les inférences conditionnelles fallacieuses. La premiére expérience démontre l'effet du contexte sur la raisonnement conditionnel. La deuxiéme expérience montre que la suppression de l'inférence disparait quand la prémisse catégorielle fait référence aux deux antécédants, comme: Elle rencontre son ami et elle a assez d'argent. Dans ce cas, les sujets font aussi bien les inférences valides et fallacieuses, quelle que soit l'information contextuelle. La troisiéme expérience établit que quand l'on donne aux sujets des informations générales à propos de la durée d'une situation dans laquelle une conditionnelle a été prononcée, comme Si tu cries, alors je te tire dessus, ils rejettent autant les inférences valides que les inférences fallacieuses. Ces résultats suggèrent que l'interprétation des prémisses joue un rŏle encore plus central dans le raisonnement que l'on admettait auparavant. (shrink)

This paper investigates two puzzles in practical reason and proposes a solution to them. First, sometimes, when we are practically certain that neither of two alternatives is better than or as good as the other with respect to what matters in the choice between them, it nevertheless seems perfectly rational to continue to deliberate, and sometimes the result of that deliberation is a conclusion that one alternative is better, where there is no error in one’s previous judgment. Second, there are (...) striking differences between rational agents – some rational agents have most reason to pursue careers on Wall Street while others have most reason to take up a career in teaching, or scuba diving, or working for political causes. These differences aren’t plausibly explained by ‘passive’ facts about our psychology or their causal interaction with our environment; instead, these facts seem in some sense to ‘express who we are’. But what is this sense? These puzzles disappear if we adopt a novel view about the source of the normativity of reasons – some reasons are given to us and others are reasons in virtue of an act of will. We make certain considerations reasons through an act of will and thus sometimes make it true through an act of agency that we have most reason to do one thing rather than another. (shrink)

In liberal political theory, meaningful work is conceptualised as a preference in the market. Although this strategy avoids transgressing liberal neutrality, the subsequent constraint upon state intervention aimed at promoting the social and economic conditions for widespread meaningful work is normatively unsatisfactory. Instead, meaningful work can be understood to be a fundamental human need, which all persons require in order to satisfy their inescapable interests in freedom, autonomy, and dignity. To overcome the inadequate treatment of meaningful work by liberal political (...) theory, I situate the good of meaningful work within a liberal perfectionist framework, from which standpoint I develop a normative justification for making meaningful work the object of political action. To understand the content of meaningful work, I make use of Susan Wolf’s distinct value of meaningfulness, in which she brings together the dimensions of objectivity and subjectivity into the ‘bipartite value’ of meaningfulness (BVM) (Wolf, Meaning in life and why it matters, 2010). However, in order to be able to incorporate the BVM into our lives, we must become valuers, that is, co-creators of values and meanings. This demands that we acquire the relevant capabilities and status as co-authorities in the realm of value. I conclude that meaningful work is of first importance because it is a fundamental human need, and that society ought to be arranged to allow as many people as possible to experience their work as meaningful through the development of the relevant capabilities. (shrink)

This chapter argues that there is a particular kind of ‘internal’ commitment typically made in the context of romantic love relationships that has striking meta-normative implications for how we understand the role of the will in practical normativity. Internal commitments cannot plausibly explain the reasons we have in committed relationships on the usual model—as triggering reasons that are already there, in the way that making a promise triggers a reason via a pre-existing norm of the form ‘If you make a (...) promise to x, then you have a reason to x’. Instead, internal commitments are that in virtue of which one has the special reasons of committed relationships; they are the grounds of such reasons. In this way, the will is a source of practical normativity. (shrink)

Exploitation locates what it is we recognize as bad when we judge a situation to be exploitative. Ideal for courses in social and political philosophy, public policy, or political science.

This paper presents an argument against the widespread view that ‘hard choices’ are hard because of the incomparability of the alternatives. The argument has two parts. First, I argue that any plausible theory of practical reason must be ‘comparativist’ in form, that is, it must hold that a comparative relation between the alternatives with respect to what matters in the choice determines a justified choice in that situation. If comparativist views of practical reason are correct, however, the incomparabilist view of (...) hard choices should be rejected. Incomparabilism about hard choices leads us to an implausible error theory about the phenomenology of hard choices, threatens an unattractive view of human agency, and leaves us in perplexity about what we are doing when we choose in hard choices. The second part of the argument explores the main competitor to comparativist views of practical reason, noncomparativist view, according tow which a choice is justified so long as it is not worse than any of the alternatives. This view is often assumed by rational choice theorists but has its best philosophical defense in work by Joseph Raz. On Raz’s view, incomparabilism about hard choices avoids the problems faced if comparativism is correct, but it faces different difficulties. I argue that Raz’s noncomparativist view mistakenly assimilates practical reason to more restricted normative domains such as the law. (shrink)

A list of groceries, Professor Anscombe once suggested, might be used as a shopping list, telling what to buy, or it might be used as an inventory list, telling what has been bought (Anscombe 1957). If used as a shopping list, the world is supposed to conform to the representation: if the list does not match what is in the grocery bag, it is what is in the bag that is at fault. But if used as an inventory list, the (...) representation is supposed to conform to the world: if the list does not match what is in the bag, it is the list that is at fault. The first kind of representation, where the world is supposed to conform to the list, can be called "directive"; it represents or directs what is to be done. The second, where the list is supposed to conform to the world, can be called "descriptive"; it represents or describes what is the case. I wish to propose that there exist representations that face both these ways at once. With apologies to Dr. Doolittle, I call them pushmi-pullyu representations or PPRs. (shrink)

In this paper I adduce a new argument in support of the claim that IBE is an autonomous form of inference, based on a familiar, yet surprisingly, under-discussed, problem for Hume’s theory of induction. I then use some insights thereby gleaned to argue for the claim that induction is really IBE, and draw some normative conclusions.

By whatever general principles and mechanisms animal behavior is governed, human behavior control rides piggyback on top of the same or very similar mechanisms. We have reflexes. We can be conditioned. The movements that make up our smaller actions are mostly caught up in perception-action cycles following perceived Gibsonian affordances. Still, without doubt there are levels of behavior control that are peculiar to humans. Following Aristotle, tradition has it that what is added in humans is rationality ("rational soul"). Rationality, however, (...) can be and has been characterized in many different ways. I am going to speculate about two different kinds of cognitive capacities that we humans seem to have, each of which is at least akin to rationality as Aristotle described it. The first I believe we share with many other animals, the second perhaps with none. Since this session of the conference on rational animals has been designated a "brainstorming" session, I will take philosopher's license, presenting no more than the softest sort of intuitive evidence for these ideas. (shrink)

It seems self-evident that people prefer painful experiences to be in the past and pleasurable experiences to lie in the future. Indeed, it has been claimed that, for hedonic goods, this preference is absolute (Sullivan, 2018). Yet very little is known about the extent to which people demonstrate explicit preferences regarding the temporal location of hedonic experiences, about the developmental trajectory of such preferences, and about whether such preferences are impervious to differences in the quantity of envisaged past and future (...) pain or pleasure. We find consistent evidence that, all else being equal, adults and children aged 7 and over prefer pleasure to lie in the future and pain in the past and believe that other people will too. They also predict that other people will be happier when pleasure is in the future rather than the past but sadder when pain is the future rather than the past. Younger children have the same temporal preferences as adults for their own painful experiences, but prefer their pleasure to lie in the past, and do not predict that others’ levels of happiness or sadness vary dependent on whether experiences lie in the past or the future. However, from the age of 7, temporal preferences were typically abandoned at the earliest opportunity when the quantity of past pain or pleasure was greater than the quantity located in the future. Past-future preferences for hedonic goods emerge early developmentally but are surprisingly flexible. (shrink)

Talk of powers is muddled. Building upon Powers and capacities in philosophy: The new aristotelianism, Routledge, London, 2012a, pp 207–227), I disambiguate four senses of the term: powers construed as activity, as capacity/potentiality, as essence and as necessity, respectively, in an attempt to clarify what it is that realists about causal powers take themselves to be realists about.

Groff defends 'realism about causality' through close discussions of Kant, Hilary Putnam, Brian Ellis and Charles Taylor, among others. In so doing she affirms critical realism, but with several important qualifications. In particular, she rejects the theory of truth advanced by Roy Bhaskar. She also attempts to both clarify and correct earlier critical realist attempts to apply realism about causality to the social sciences. By connecting issues in metaphysics and philosophy of science to the problem of relativism, Groff bridges the (...) gap between the philosophical literature and broader debates surrounding socio-political theory and poststructuralist thought. This unique approach will make the book of interest to philosophers and socio-political theorists alike. (shrink)

Recent studies have suggested that while both adults and children hold past-future hedonic preferences – preferring painful experiences to be in the past and pleasurable experiences to lie in the future – these preferences are abandoned when the quantity of pain or pleasure under consideration is greater in the past than in the future. We examined whether such preferences might be affected by the utility people assign to experiential memories, since the recollection of events can itself be pleasurable or aversive, (...) and we examined the developmental trajectory of the value that people assign to experiential memories of past painful experiences. Using a task in which we manipulated hypothetical memory loss in a series of brief vignettes, we found that for some adults, but not for children, the disutility attached to the recollection of painful past events outweighed the disutility of living through future painful events. Between middle childhood and adulthood, experiential memory appears to assume a more important role in determining the value that people assign to past experiences and in mitigating bias toward the future. (shrink)

Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law students as they are to scholars of legal theory.

Genetic database initiatives have given rise to considerable debate about their potential harms and benefits. The question arises as to whether existing ethical frameworks are sufficient to mediate between the competing interests at stake. One approach is to strengthen mechanisms for obtaining informed consent and for protecting confidentiality. However, there is increasing interest in other ethical frameworks, involving solidarity — participation in research for the common good — and the sharing of the benefits of research.

Heidegger argues that modern technology is quantifiably different from all earlier periods because of a shift in ethos from in situ craftwork to globalised production and storage at the behest of consumerism. He argues that this shift in technology has fundamentally shaped our epistemology, and it is almost impossible to comprehend anything outside the technological enframing of knowledge. The exception is when something breaks down, and the fault ‘shows up’ in fresh ways. Stiegler has several important addendums to Heidegger’s thesis. (...) Firstly, that Heidegger fails to fully appreciate the early Greek myth of Prometheus, and the technological depth that fire offers all human societies. Secondly, the fall, or failure, which is doubled in the myth of Prometheus, and shows up in epistemology accordingly. Thirdly the acceleration of technology since the onset of Information Technology, and the way this is disorientating our Being. I argue the fall in both Heidegger and early Stiegler has encaptured their imagination. In later work, Stiegler argues that acceleration is fused with algorithmic pretensions, that are distorting and undermining the creative political imaginary, and making it difficult to revalue the values that underpin the nihilist Anthropocene. The overcoming of the Anthropocene engages politics, economics, power, physics, and ecology. (shrink)

We discuss the important, but greatly under-researched, topic of the social aspects of human wayfinding during navigation. Wayfinding represents the planning and decision-making component of navigation and is arguably among the most common, real-world domains of both individual and group-level decision making. We highlight the myriad ways that wayfinding by people is not a solitary psychological process but is influenced by the actions of other people, even by their mere presence. We also present a novel and comprehensive framework for classifying (...) wayfinding in complex environments that incorporates the influence of other people. This classification builds upon the premises of previous wayfinding taxonomies and is further structured into four parts based upon (1) the nature of the interaction between the actors and (2) the time frame in which the interaction takes place. We highlight gaps in our current understanding of social wayfinding and outline future research opportunities. (shrink)

Genetic research has moved from Mendelian genetics to sequence maps to the study of natural human genetic variation at the level of the genome. This past decade of discovery has been accompanied by a shift in emphasis towards the ethical principles of reciprocity, mutuality, solidarity, citizenry and universality.

Four questions are raised about the semantics of Quantified Modal Logic. Does QML admit possible objects, i.e. possibilia? Is it plausible to admit them? Can sense be made of such objects? Is QML committed to the existence of possibilia? The conclusions are that QML, generalized as in Kripke, would seem to accommodate possibilia, but they are rejected on philosophical and semantical grounds. Things must be encounterable, directly nameable and a part of the actual order before they may plausibly enter into (...) the identity relation. QML is not committed to possibilia in that the range of variables may be restricted to actual objects. Support of the conclusions requires some discussion of substitution puzzles; also, the semantical distinction between proper names which are directly referring, and descriptions even where the latter are "rigid designators". Views of W.V. Quine, B. Russell, K. Donnellan, D. Kaplan as well as S. Kripke are invoked or evaluated in conjunction with these issues. (shrink)

Why does #RepealedThe8th matter for feminist legal studies? The answers seem obvious in one sense. Feminism has long constituted itself through the struggle for sexual and reproductive justice, and Irish feminism has contributed a significant ‘legal win’ with the landslide vote of approval for lifting abortion restrictions in the referendum on the 25th May 2018. That win comes at a global moment when populist legal engagement is doing significant damage in countries that regard themselves as world leaders, and beyond. #RepealedThe8th (...) offers Ireland, and the world, the actuality that the popular vote, and everything that contributes to it, could be something else. Repeal shows how legal tools like the vote may be made into an expression of care for reproductive lives. This expression is important in recognizing pregnant people as knowing agents who are best placed to decide, and in seeking to do justice to those who contribute to everyday reproductive life. But repeal, like the many who brought it into being, has multiple meanings. #RepealedThe8th matters because it is a moving process of socio-legal translation, which draws on a collective energy, ‘repeal energy’, to turn the travesty that was the Eighth Amendment and all it represents into a search for the rest of reproductive life. In opening up the meaning of the vote, much like feminists elsewhere have opened up the meaning of the strike, Irish feminists have turned public mourning over past mistreatment into a series of reproductive connections. This is not a strategy that can be rolled out. Figuring out #RepealedThe8th will take many tellings. Rather we need to give repeal, and repealers, room to breathe and rest. We need to feel our way through repeal’s production of legal change so that this success is not reduced to some generic transferable set of legal instructions. I begin by reflecting on repeal as a process of feminist socio-legal translation, which shows us how legal change comes about through the motivation of collective joy, the mourning of damaged and lost lives, the sharing of legal knowledge, and the claiming of the rest of reproductive life. (shrink)

Shaftesbury’s major work Characteristicks of Men, Manners, Opinions, Times was one of the most influential English works in the eighteenth century. This paper focuses on his contributions to debates about persons and personal identity and shows that Shaftesbury regards metaphysical questions of personal identity as closely connected with normative questions of character development. I argue that he is willing to accept that persons are substances and that he takes their continued existence for granted. He sees the need to supplement metaphysical (...) debates of personal identity and believes that we have to turn to the character that is realized by a substance if we want to understand who we are. For Shaftesbury persons have a particular character, can act, and govern themselves. I propose that Shaftesbury’s approach to persons has a developmental dimension, which is meant to encourage personal development and improvement of character. The developmental dimension can be understood as an intellectual journey that invites us to search for our true self, to develop our character, and to seek happiness, which ultimately involves understanding our place as persons in the order of the universe. I show that my developmental interpretation is preferable to other existing interpretations. (shrink)

It is argued that quantum theory is best understood as requiring an ontological duality of res extensa and res potentia, where the latter is understood per Heisenberg’s original proposal, and the former is roughly equivalent to Descartes’ ‘extended substance.’ However, this is not a dualism of mutually exclusive substances in the classical Cartesian sense, and therefore does not inherit the infamous ‘mind-body’ problem. Rather, res potentia and res extensa are proposed as mutually implicative ontological extants that serve to explain the (...) key conceptual challenges of quantum theory; in particular, nonlocality, entanglement, null measurements, and wave function collapse. It is shown that a natural account of these quantum perplexities emerges, along with a need to reassess our usual ontological commitments involving the nature of space and time. (shrink)

Rather than the art of putting forward logically valid arguments leading to Truth, argumentation is here viewed as the use of verbal means ensuring an agreement on what can be considered reasonable by a given group, on a more or less controversial matter. What is acceptable and plausible is always coconstructed by subjects engaging in verbal interaction. It is the dynamism of this exchange, realized not only in natural language, but also in a specific cultural framework, that has to be (...) accounted for. From this perspective, it is not enough to reconstruct patterns of reasoning. As logos is by definition both Reason and Language, abstract schemata have to be examined in their verbal realization in a given situation of discourse. Such an approach to arguments allows for a “thick” description taking into account their discursive and communicational aspects, as well as argumentation’s constitutive dialogism and its inscription in a set of common representations, opinions and beliefs (a doxa). This approach, exemplified by the analysis of a short text on stock options borrowed from the French newspaper Libération, is an attempt at establishing a dialogue between disciplines like argumentation theories, rhetorical criticism and discourse analysis. (shrink)

The paper has two aims. The first is to propose a general framework for organizing some central questions about normative practical reasons in a way that separates importantly distinct issues that are often run together. Setting out this framework provides a snapshot of the leading types of view about practical reasons as well as a deeper understanding of what are widely regarded to be some of their most serious difficulties. The second is to use the proposed framework to uncover and (...) diagnose what I believe is a structural problem that plagues the debate about practical reasons. A common move in the debate involves a proponent of one type of view offering what she and others proposing that type consider to be a devastating criticism of an opposing type of view, only to find that her criticism is shrugged off by her opponents as easy to answer, misguided, or having little significance for their view. This isn’t due to conceptual blindness or mere slavish devotion to a theory but something fundamental about the argumentative structure of a debate over genuinely shared issues. Hence, the debate about practical reasons suffers from argumentative gridlock. The proposed framework helps us to see why this is so, and what we might do to move beyond it. (shrink)