In recent years several proposals to view reasoning with legal cases as theory construction have been advanced. The most detailed of these is that of Bench-Capon and Sartor, which uses facts, rules, values and preferences to build a theory designed to explain the decisions in a set of cases. In this paper we describe CATE (CAse Theory Editor), a tool intended to support the construction of theories as described by Bench-Capon and Sartor, and which produces executable code corresponding to a (...) theory. CATE has been used in a series of experiments intended to explore a number of issues relating to such theories, including how the theories should be constructed, how sets of values should be compared, and the representation of cases using structured values as opposed to factors. (shrink)

In this paper we describe AGATHA, a program designed to automate the process of theory construction in case based domains. Given a seed case and a number of precedent cases, the program uses a set of argument moves to generate a search space for a dialogue between the parties to the dispute. Each move is associated with a set of theory constructors, and thus each point in the space can be associated with a theory intended to explain the seed case (...) and the other cases in the domain. The space is large and so an heuristic search method is needed. This paper describes two methods based on A* and alpha/beta pruning and also a series of experiments designed to explore the appropriateness of different evaluation functions, the most useful precedents to use as seed cases and the quality of the resulting theories. (shrink)

Testimony is an important source of our knowledge about the world. But to some, there seems something odd, perhaps even wrong, about trusting testimony about specifically moral matters. In this paper, I discuss several different explanations of what might be wrong with trusting moral testimony. These include the possibility that there is no moral knowledge; that moral knowledge cannot be transmitted by moral testimony; that there are reasons not to trust moral testimony either because you should try to gain and (...) use “moral understanding” to make your moral judgements instead or because doing so is damaging to your moral character in various ways. Finally, I discuss some “debunking explanations” according to which it is right and rational to trust moral testimony from a trustworthy source. © 2013 The Author. Philosophy Compass © 2013 Blackwell Publishing Ltd. (shrink)

I argue that understanding why p involves a kind of intellectual know how and differsfrom both knowledge that p and knowledge why p (as they are standardly understood).I argue that understanding, in this sense, is valuable.

Feminist standpoint theory has been marginal to mainstream philosophical analyses of science–indeed, it has been marginal to science studies generally–and it has had an uneasy reception among feminist theorists. Critics of standpoint theory have attributed to it untenable foundationalist assumptions about the social identities that can underpin an epistemically salient standpoint, and implausible claims about the epistemic privilege that should be accorded to those who occupy subdominant social locations. I disentangle what I take to be the promising core of feminist (...) standpoint theory from this conflicted history of debate. I argue that non-foundationalist, non-essentialist arguments can be given (and have been given) for attributing epistemic advantage (rather than privilege) to some social locations and standpoints. They presuppose a situated knowledge thesis, and posit contingent advantage relative to epistemic purpose. I illustrate these claims in terms of the epistemic advantages that accrue to a fictional character, from Neely’s novel Blanche on the Lam, who represents a type of standpoint invoked by diverse advocates of standpoint theory: that of a race, class, and gender disadvantaged “insider-outsider” who has no choice, given her social location, but to negotiate the world of the privileged while at the same time being grounded in a community whose marginal status generates a fundamentally different understanding of how the world works. (shrink)

As adults we believe that our knowledge of our own psychological states is substantially different from our knowledge of the psychological states of others: First-person knowledge comes directly from experience, but third-person knowledge involves inference. Developmental evidence suggests otherwise. Many 3-year-old children are consistently wrong in reporting some of their own immediately past psychological states and show similar difficulties reporting the psychological states of others. At about age 4 there is an important developmental shift to a representational model of the (...) mind. This affects children's understanding of their own minds as well as the minds of others. Our sense that our perception of our own minds is direct may be analogous to many cases where expertise provides an illusion of direct perception. These empirical findings have important implications for debates about the foundations of cognitive science. (shrink)

This is the first of two companion articles drawn from a larger project, provisionally entitled Undisciplining Moral Epistemology. The overall goal is to understand how moral claims may be rationally justified in a world characterized by cultural diversity and social inequality. To show why a new approach to moral justification is needed, it is argued that several currently influential philosophical accounts of moral justification lend themselves to rationalizing the moral claims of those with more social power. The present article explains (...) how discourse ethics is flawed just in this way. The article begins by identifying several conditions of adequacy for assessing reasoning practices designed to achieve moral justification and shows that, when used in contexts of cultural diversity and social inequality, discourse ethics fails these conditions. It goes on to argue that the failure of discourse ethics is rooted in its reliance on a broader conception of moral epistemology that is invidiously idealized. It concludes by pointing to the need to rethink both the mission and the method of moral epistemology. (shrink)

This article gives a critical account of Agamben's contention that the camp is the paradigm of 'bio-politics' in the west. It analyses the deficiencies of this paradigm by means of comparison with other approaches to juridical topics and political theory (e.g., the treatments of the topics of force and state power in liberalism and Foucault). First, I ask about the features Agamben ascribes to the camp space and in what respects they support his contention that the camp has general significance. (...) Second, I question the reasons he gives for his view that the camp situation discloses the general tendencies of legal codes and practices in the West. In particular, I ask whether, as Agamben contends, his approach allows tendencies in the West that would otherwise be obscure to be identifiable, or whether his approach is too speculative to be useful as political theory. (shrink)

Kant and Kierkegaard are two philosophers who are not usually bracketed together. Yet, for one commentator, Ronald Green, in his book Kierkegaard and Kant: The Hidden Debt , a deep similarity between them is seen in the centrality both accord to the notion of freedom. Kierkegaard, for example, in one of his Journal entries, expresses a ‘passion’ for human freedom. Freedom is for Kierkegaard also linked to a paradox that lies at the heart of thought. In Philosophical Fragment Kierkegaard writes (...) about the ‘paradox of thought’: ‘the paradox is the passion of thought […] the thinker without the paradox is like the lover without the passion.’. (shrink)

We standardly evaluate counterfactuals and abilities in temporally asymmetric terms—by keeping the past fixed and holding the future open. Only future events depend counterfactually on what happens now. Past events do not. Conversely, past events are relevant to what abilities one has now in a way that future events are not. Lewis, Sider and others continue to evaluate counterfactuals and abilities in temporally asymmetric terms, even in cases of backwards time travel. I’ll argue that we need more temporally neutral methods. (...) The past shouldn’t always be held fixed, because backwards time travel requires backwards counterfactual dependence. Future events should sometimes be held fixed, because they’re in the causal history of the past, and agents have evidence of them independently of their decisions now. We need temporally neutral methods to maintain connections between causation, counterfactuals and evidence, and if counterfactuals are used to explain the temporal asymmetry of causation. (shrink)

This article explores critical theory's relations to German idealism by clarifying how Adorno's thought relates to Hegel's. Adorno's apparently mixed responses to Hegel centre on the dialectic and actually form a coherent whole. In his Logic, Hegel outlines the dialectical process by which categories – fundamental forms of thought and reality – necessarily follow one another in three stages: abstraction, dialectic proper, and the speculative . Adorno's allegiance to Hegel's dialectic emerges when he traces the dialectical process whereby enlightenment reverts (...) to myth and human domination over nature reverts into our domination by nature. However, Adorno criticizes Hegel's dialectic as the ultimate form of ‘identity thinking’, subsuming unique, material objects under universal concepts by using dialectical reason to expand those concepts to cover objects utterly. These two responses cohere because Adorno shares Hegel's view that dialectical contradict.. (shrink)

Judith Butler's contribution to feminist political thought is usually approached in terms of her concept of performativity, according to which gender exists only insofar as it is ritualistically and repetitively performed, creating permanent possibilities for performing gender in new and transgressive ways. In this paper, I argue that Butler's politics of performativity is more fundamentally grounded in the concept of genealogy, which she adapts from Foucault and, ultimately, Nietzsche. Butler understands women to have a genealogy: to be located within a (...) history of overlapping practices and reinterpretations of femininity. This genealogical understanding of femininity allows Butler to propose a coalitional feminist politics, which requires no unity among women but only loosely overlapping connections. For Butler, feminist coalitions should aim to subvert, not consolidate, entrenched norms concerning femininity. Butler has been criticized, however, for failing to explain either how subversive agency is possible or why the subversion of gender norms is desirable. Reviewing these criticisms, I argue that Butler offers a convincing explanation of the possibility of subversive agency, but that the normative dimension of her political thought remains relatively underdeveloped. I explore how the normative aspect of Butler's thought could be strengthened by recasting her notion of genealogy along more thoroughly Nietzschean and materialist lines, in terms of an idea of active and multiple bodily forces. (shrink)

Analysis of online mathematics forums can help reveal how explanation is used by mathematicians; we contend that this use of explanation may help to provide an informal conceptualization of simplicity. We extracted six conjectures from recent philosophical work on the occurrence and characteristics of explanation in mathematics. We then tested these conjectures against a corpus derived from online mathematical discussions. To this end, we employed two techniques, one based on indicator terms, the other on a random sample of comments lacking (...) such indicators. Our findings suggest that explanation is widespread in mathematical practice and that it occurs not only in proofs but also in other mathematical contexts. Our work also provides further evidence for the utility of empirical methods in addressing philosophical problems. (shrink)

I argue that miscarriage, referred to by poet Susan Stewart as “the event that was nothing,” is a liminal event along four distinct and inter-related dimensions: parenthood, procreation, death, and induced abortion. It is because of this liminality that miscarriage has been both poorly addressed in our society, and enrolled in larger debates over women's reproduction and responsibility for reproduction, both conceptually and legally. If miscarriage’s liminality were better understood, if miscarriage itself were better theorized, perhaps it would not so (...) easily be enrolled in these other debates to the detriment of women who miscarry, and their families. However, its very liminality and the fact that it is enrolled in these debates sheds light on the complicated network of concepts within which miscarriage lies. (OPEN ACCESS AT URL). (shrink)

In a morally diverse society, moral agents inevitably run up against intractable disagreements. Civility functions as a valuable constraint on the sort of behaviors which moral agents might deploy in defense of their deeply held moral convictions and generally requires tolerance of other views and political liberalism, as does pluralism. However, most visions of civility are exceptionless: they require civil behavior regardless of how strong the disagreement is between two members of the same society. This seems an excellent idea when (...) those required to do the tolerating might otherwise smash us. However, the demands of civility are universal and fall upon everyone, including ourselves. They may seem to require us to tolerate the intolerable, leading us not into pluralism but rather into functional relativism, and also require the powerless to moderate their demands for redress. They also place moral agents in a very difficult position with respect to realizing our deeply held moral values. Isaiah Berlin’s pluralism, by contrast, allows us to violate tolerance when we come up against values which, put into practice, are incompatible with a form of life we can tolerate. Despite the many fronts on which civility and pluralism align, they are also pitted against each other. Only a qualified (not exceptionless) civility based in respect for persons can cohere with pluralism and thus resolve the double bind in which the moral agent seemed to be placed by exceptionless civility. I develop a rule for Accepted Exceptions that helps to explain how moral agents can be civil, value pluralism, demand redress, and maintain their own deeply held moral commitments. (shrink)

Jim Jarmusch's Dead Man is a modern myth. Like many ancient myths it seems to have the structure of a rite of passage analysed by van Gennep into three stages: separation, marginal existence and reintegration. Separation is precipitated by a traumatic event and the marginal state is characterized by extraordinary experiences and feats. However, Jarmusch's tale does not quite fit the ancient initiation pattern since the last stage, reintegration, is at least prima facie missing. This already undermines the social function (...) of initiation and warps the significance of the myth. The modern town of ?Machine?, where the marginal existence of Blake is sealed, looms in the background of the story of his final journey to the world of spirits whence he had come. But Blake cannot quite embrace the story in which he plays the protagonist. The story is cobbled together by the Native American called ?Nobody.? Blake sceptically resigns himself to his fate. Why does Blake do this? Jarmusch manipulates the generic structure of the initiation tale in order to say something culturally significant about the possibility of living a meaningful life in a world dominated by the machine. In other words, he tells a modern myth. What does his tale say? (shrink)

North American archaeologists have long defined their ethical responsibilities in terms of a commitment to scientific goals and an opposition to looting, vandalism, the commercial trade in antiquities, and other activities that threaten archaeological resources. In recent years, the clarity of these commitments has been eroded from two directions: professional archaeologists find commercial entanglements increasingly unavoidable, and a number of nonarchaeological interest groups object that they are not served by scientific exploitation of the record. I offer an analysis of issues (...) having to do with the identity of archaeology that underlie this debate and outline one strategy of response now emerging. (shrink)

My engagement with Dotson’s essay begins with an overview of first- and second-order epistemic exclusions. I develop the concept of an "unlevel knowing field." I use examples from the epistemic injustice literature, and some of my own, to highlight the important distinction she makes between reducible and irreducible forms of epistemic oppression. Next, I turn my attention to her account of third-order epistemic exclusions. I offer a brief explanation of why her sketch of at this level makes an important contribution (...) to the literature on epistemic injustice. In closing I suggest that Dotson’s account of third-order epistemic exclusions has a cognitive bend that limits the resources she might use for bringing about change, and suggest opening up the conversation to include affective, aesthetic or mystical resources. (shrink)

A highly original rereading of Kierkegaard through the concept of birthing, highlighting a speculative hypothesis about the nature of Being in Kierkegaard’s work.

The August 2011 riots in England occasioned widespread condemnation from government and the media. Here, we apply the concepts of hypocrisy and affiliation to explore reactions to these riots. Initially acknowledging that politics necessitates a degree of hypocrisy, we note that some forms of hypocrisy are indefensible: they compromise integrity. With rioters condemned as thugs and members of a feral underclass, some reactions exemplified forms of corrosive hypocrisy that deflected attention away from economic, social and cultural problems. Moreover, such reactions (...) omitted to attend to the concept of [dis]affiliation amongst young rioters. Accordingly, we look to the role that education might play in re-affiliating those who do not feel they belong to, or have a sufficient stake in, society. Whilst our focus is on the riots in England, the exploration of hypocrisy and affiliation, and discussion of education for re-affiliation, transcends that national context. (shrink)

This chapter compares the philosophical methods used respectively by John Rawls and Iris Marion Young. Rawls’s theory is ideal in several interrelated methodological respects: he emphasizes principle over practice; he relies on a fictional reasoning process; and his theory is designed for an imagined world that lacks many problematic aspects of the real world. Young’s method, which she characterizes as critical theory, is non-ideal in all the respects that Rawls’s method is ideal. Young emphasizes practice; she respects the reasoning of (...) actual people; and she directly addresses existing injustices. If Young has been able to develop philosophical ideals of justice that are more comprehensive, relevant, and substantively acceptable than Rawls’s, I suggest that one reason may be the non-ideal aspects of her methodology. In the end, however, Young’s philosophical contributions cannot be attributed only to her method; they are also the product of her unique political passion and creative imagination. (shrink)

Food behaviors, both private and public, are deeply affected by gender norms concerning both masculinity and femininity. In some ways, food-centered activities constitute gender relations and identities across cultures. This entry provides a non-exhaustive overview of how gender norms bear on food behaviors broadly construed, focusing on three categories: food production, food preparation, and food consumption.

Researchers encounter challenges that require making complex professional decisions. Strategies such as seeking help and anticipating consequences support decision-making in these situations. Existing evidence on a measure of professional decision-making in research that assesses the use of decision-making strategies revealed that NIH-funded researchers born outside of the U.S. tended to score below their U.S. counterparts. To examine potential explanations for this association, this study recruited 101 researchers born in the United States and 102 born internationally to complete the PDR and (...) measures of basic personal values, values in scientific work, discrimination between the seriousness of rules in research, exposure to unprofessional research practices, and acculturation to American culture. Several variables were associated with PDR scores—discrimination between types of rules in research, exposure to unprofessional research practices, acculturation, and the basic personal values of power, security, and benevolence. However, only security, benevolence, acculturation, and rule discrimination were also associated with nation of origin. In multivariate models, the variance explained by these variables in accounting for the association of nation of origin and PDR scores was somewhat overlapping, thus, only security and benevolence remained as unique, statistically significant predictors. Thus, this study identified some important variables in the association of nation of origin and PDR, but more research is needed. In a secondary analysis to examine the “clinical significance” of scores on the PDR, this study examined aggregated PDR score data from the present sample and past samples of investigators. This analysis identified scores that may suggest a concern versus those scores that may be interpreted as excellent, proficient, or marginal. Implications for training and mentoring, along with considerations for future research are discussed. (shrink)

My project is to explain why the question ‘How does it feel to be a white problem?’ cannot be answered in the fluttering grammar of white talk. The whiteness of white talk lies not only in its having emerged from white mouths, but also in its evasiveness—in its attempt to suppress fear and anxiety, and its consequential [if unintended] reinscription and legitimation of racist oppression. I White talk is designed, indeed scripted, for the purposes of evading, rejecting, and remaining ignorant (...) about the injustices that flow from whiteness and its attendant privileges. I want to suggest a new point of entry—a way to flip the script, so to speak. -/- I begin with some observations about the basic advantages and disadvantages of using white talk as a route into the white problem. My account develops an expanded version of Alice MacIntyre’s definition of white talk that is attentive to the racialized bodily scripts that accompany white talk. I argue that white talk persists because it has an enduring and powerful moral, ontological, and epistemic pay off for white folks. I explore each payoff with an eye towards clarifying how white talk functions to maintain the illusion that we are invulnerable beings. Next, I pause to reply to the popular objection that this particular critique of white talk silences white people in conversations on race. If we cannot address the question ‘how does it feel to be a white problem’ in the fluttering grammar of white talk, then how shall we begin? In closing, I suggest that we might reduce fluttering by replacing white talk with a discourse of vulnerability, where vulnerability is defined not as weakness, but as a condition for potential. I offer some brief guidelines for how we might start this conversation. (shrink)

In this paper, I argue the cooking is a fraught issue for women, and especially women who self-identify as feminist, because it is so deeply gendered.

Historically critical reflection on whiteness in the United States has been a long-standing practice in slave folklore and in Mexican resistance to colonialism, Asian American struggles against exploitation and containment, and Native American stories of contact with European colonizers. Drawing from this legacy and from the disturbing silence on “whiteness” in postsecondary institutions, critical whiteness scholarship has emerged in the past two decades in U.S. academies in a variety of disciplines. A small number of philosophers, critical race theorists, postcolonial theorists, (...) social historians, and cultural studies scholars have revisited and reexamined questions of race and identity with an analysis that now focuses on historical studies of racial formation and the deconstruction of whiteness as an unmarked privilege-granting category and system of dominance. Collectively, these writings identify whiteness as a cultural disposition and ideology held in place by specific political, social, moral, aesthetic, epistemic, metaphysical, economic, legal, and historical conditions, crafted to preserve white identity and relations of white supremacy (Mills 2003). In this way, whiteness studies is a conscious attempt to think critically about how white supremacy continues to operate systemically, and sometimes unconsciously, as a global colonizing force. -/- We extended the notion of ‘reproduction’ to include practices of reading and cultural forms of reiteration, but shied away from making the special issue into a philosophically driven cultural studies volume. Our volume is interdisciplinary by necessity: it offers theoretical and philosophical perspectives grounded in a variety of disciplinary starting points, all of which illustrate how whiteness remains at the center of reproduction and social regulation. Our hope is that this volume will further open philosophical conversations on the ways white supremacy regulates gender by providing new ways of thinking through those histories and reproductive materialities that make whiteness simultaneously a centrally defining signifier of bodies, values, and meanings and a signifier coding the “normal,”“the pure” and “the real” in white supremacist thinking. -/- We have categorized the contributions to this collection into three major areas: Resistance, Genealogies, and Miscegenation and Purity. These serve as both a guide for the reader's pathway through the volume and as a way of interconnecting the essays, although the intertextuality of all these writings also provides a rich field of rhizomic offshoots and a deeper connectivity. (shrink)

Universities and colleges have become hotbeds of scandal. For these institutions to reclaim their respected status, the ethical foundations of higher education must be examined and rebuilt. This book gathers faculty and administrators from some of the most respected schools to examines the current situation and pave the way for change.