"In this wonderfully engaging and informative collection we hear the voice of a different Paul Bowles. Writing on a wide range of subjects--jazz, film music, classical music, popular music, ethnic music--he is direct, opinionated, incisive, analytical, humorous, and passionate."—Millicent Dillon, author of You Are Not I: A Portrait of Paul Bowles.

According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that a person knows a (...) proposition when their evidence rules out all relevant error possibilities. I adapt this framework to model three legal standards of proof—the preponderance of evidence, clear and convincing evidence, and beyond reasonable doubt standards. I describe virtues of this framework. I argue that, by eschewing numerical thresholds, the relevant alternatives framework avoids problems inherent to rival models. I conclude by articulating aspects of legal normativity and practice illuminated by the relevant alternatives framework. (shrink)

The epistemology of risk examines how risks bear on epistemic properties. A common framework for examining the epistemology of risk holds that strength of evidential support is best modelled as numerical probability given the available evidence. In this essay I develop and motivate a rival ‘relevant alternatives’ framework for theorising about the epistemology of risk. I describe three loci for thinking about the epistemology of risk. The first locus concerns consequences of relying on a belief for action, where those consequences (...) are significant if the belief is false. The second locus concerns whether beliefs themselves—regardless of action—can be risky, costly, or harmful. The third locus concerns epistemic risks we confront as social epistemic agents. I aim to motivate the relevant alternatives framework as a fruitful approach to the epistemology of risk. I first articulate a ‘relevant alternatives’ model of the relationship between stakes, evidence, and action. I then employ the relevant alternatives framework to undermine the motivation for moral encroachment. Finally, I argue the relevant alternatives framework illuminates epistemic phenomena such as gaslighting, conspiracy theories, and crying wolf, and I draw on the framework to diagnose the undue skepticism endemic to rape accusations. (shrink)

Moral encroachment holds that the epistemic justification of a belief can be affected by moral factors. If the belief might wrong a person or group more evidence is required to justify the belief. Moral encroachment thereby opposes evidentialism, and kindred views, which holds that epistemic justification is determined solely by factors pertaining to evidence and truth. In this essay I explain how beliefs such as ‘that woman is probably an administrative assistant’—based on the evidence that most women employees at the (...) firm are administrative assistants—motivate moral encroachment. I then describe weaknesses of moral encroachment. Finally I explain how we can countenance the moral properties of such beliefs without endorsing moral encroachment, and I argue that the moral status of such beliefs cannot be evaluated independently from the understanding in which they are embedded. (shrink)

Should the idea of economic man-the amoral and self-interested Homo economicus-determine how we expect people to respond to monetary rewards, punishments, and other incentives? Samuel Bowles answers with a resounding "no." Policies that follow from this paradigm, he shows, may "crowd out" ethical and generous motives and thus backfire. But incentives per se are not really the culprit. Bowles shows that crowding out occurs when the message conveyed by fines and rewards is that self-interest is expected, that the (...) employer thinks the workforce is lazy, or that the citizen cannot otherwise be trusted to contribute to the public good. Using historical and recent case studies as well as behavioral experiments, Bowles shows how well-designed incentives can crowd in the civic motives on which good governance depends. (shrink)

An annotated bibliography of legal epistemology.

In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...) standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

Recently, there has been a large amount of support for the idea that causal claims can be sensitive to normative considerations. Previous work has focused on the concept of actual causation, defending the claim that whether or not some token event c is a cause of another token event e is influenced by both statistical and prescriptive norms. I focus on the policy debate surrounding alternative energies, and use the causal modelling framework to show that in this context, people’s normative (...) commitments don’t just affect the causal claims they are willing to endorse, but also their understanding of the causal structure. In the context of the alternative energy debate, normative considerations affect our understanding of the causal structure by influencing our judgements about which variables should be held fixed, and therefore which variables should be relegated to the background of a causal model. In cases of extreme disagreement, normative commitments can also affect which causal structure we think should be instantiated. Thus, focusing on a new context has revealed a previously unexplored sense in which normative factors are incorporated into causal reasoning. (shrink)

This chapter argues that the choice of trust conceptualisations in the context of consumer Internet of Things (IoT) can have a significant impact on the understanding and implementations of a user’s private data protection. Narrow instrumental interpretations of trust as a mere precondition for technology acceptance may obscure important moral issues such as malleability of user’s privacy decisions, and power imbalances between suppliers and consumers of technology. A shift of focus in policy proposals from trust to the trustworthiness of technology (...) can be the first step on the way to addressing these moral concerns. It is argued that complexity of IoT systems, comprised of technological artefacts and institutional data-collecting entities, warrants the moral value of distrust as a prima facie assumption for technological design and regulatory measures. Such a conceptual perspective highlights importance of technological measures that can minimise reliance on trust in consumer IoTs and regulatory measures aimed to improve transparency of IoT architectures. (shrink)

In criminal trials the state must establish, to a particular standard of proof, the defendant's guilt. The most widely used and important standard of proof for criminal conviction is the ‘beyond a reasonable doubt' standard. But what legitimates this standard, rather than an alternative? One view holds the standard of proof should be determined or justified – at least in large part – by its consequences. In this spirit, Laudan uses crime statistics to estimate risks the average citizen runs of (...) being violently victimised and falsely convicted. He argues that since the former risk is higher, and the aggregate harms are worse, the standard of proof should be substantially lowered. He presents a formula for calculating the preferred standard. In this article I outline various ways Laudan's uses of crime statistics are flawed, and explain how he substantially overestimates risks of victimhood and underestimates costs of false convictions. I also explain why his formula is mistaken, and illuminate consequences Laudan neglects. I conclude that, even if consequences determine the appropriate standard of proof, Laudan's arguments fail to show the standard is too high. I conclude by suggesting that the inadequacies of Laudan's reasoning might be good news for consequence-based justifications of the standard of proof. (shrink)

This article studies the specific designation of morals under the conditions of a modern society. Due to the circumstances that morals are able to overcome differences between the social regulatory systems and to unite the perceptions of a regulatory framework, they have become a major contemporary metalegal regulator. Being a significant social regulator, morals also play a mediation role between law and other social regulatory systems. In this role of theirs, they make a substantial factor having an influence on building (...) and changing legal prescriptions. Morals are also studied as a variable in the conditions of a dynamically developing society and changing conditions of living. Some models of behaviours, which were considered to be against moral only several decades ago, are nowadays regarded as completely normal. (shrink)

the article aims, through a comparative analysis, to explicate the Gnostic and Bogomil religious-philosophical conceptual grounds for the possibility of acquiring knowledge saving man from the dualism of being. The tasks of the study are to indicate the reasons for the search for such knowledge, which provides a form of human existence that will lead man to salvation. To achieve the tasks, the study begins by establishing the connections of Gnosticism and Bogomilism with historically preceding spiritual-religious communities and their concepts, (...) the relations with Christianity and the grounds for their designation as Christian heresies are indicated, the conceptual parallels between Gnosticism and Bogomilism in their cosmological understandings are indicated and their consequences for man, the way out is indicated, which overcomes the unnatural state of being and the subsequent opportunity available to man for union with God. (shrink)

Nietzsche's perspectivism can be seen as a two-leveled cure for dogmatism. On the one hand, perspectivism amounts to the dismissal of the metaphysical world and the acknowledgement of the esential incompleteness of all knowledge insofar as knowledge is only and always perspectival. On the other hand, perspectivism is an affirmation of the central role the affects play in all interpretations of the world; consequently, it presents itself as a summary rejection of the notion of disinterested contemplation or knowledge. Nietzsche's theory (...) of interpretation results in a transcendental-experimental philosophy able to liberate humankind from the stagnating, destructive effects of dogmatism. A perspectival account of knowledge implies not only an aesthetic aspect, but also a therapeutic one. (shrink)

The article examines Husserl’s conception of Buddhism, which was largely determined by the reading of the “Majjhima-nikaya” in Karl Eugen Neumann’s translation. It is a general and dotted image in which no distinctions were made regarding the eras, traditions and schools of Buddhist philosophy: an image that an interested European reader might form after reading the 152 sutras of the “Collection of Middle Instructions” of the Pali Canon. Nevertheless, it seems a productive task to interpret this image in order to (...) better explain Husserl’s conception of phenomenology about itself, regardless of the naivety of the image under discussion from the point of view of Buddhology. This article puts forward the following theses for discussion: Husserl understood Buddhist thought as a “conjugate detail (Gegenstück)” that complements the phenomenological science of transcendental subjectivity by contrast. Specifically, he interpreted Buddhism as a path to the transcendental position not from the critique of science, but from practice—as a suspension of the mythical picture of the world and the “practical general thesis” of the natural attitude. Although Buddhist thought according to Husserl, like phenomenology, is aimed at “revealing the transcendental position,” it nevertheless does not establish a science (in the radicalized Husserlian sense). In fact, Husserl uses this rough outline (characterizing Buddhism as “transcendentalism without science”) to emphasize the dynamics of his own phenomenological “working project of philosophy (Arbeitsphilosophie).” The “Collection of Middle Instructions” of the Pali Canon serves as an occasion for Husserl to thematize the specific combination of seriousness and playfulness that characterizes his phenomenology as “carefree care”; this helps Husserl to express the driving force of phenomenological labor (“work fervor” (Arbeitsfieber)). (shrink)

This paper addresses the issue of stipulation in three cases of implicit definitions. It argues that the alleged implicit definitions do not have a purely stipulative status. Stipulation of the vehicles of the implicit definitions in question should end up with true postulates. However, those postulates should not be taken to be true only in virtue of stipulation since they have extra commitments. Horwich’s worry emerges in all three kinds of implicit definitions under consideration, since the existence of meanings so (...) that the alleged postulates are true depends on extra requirements that should be fulfilled. Moreover, if Ramseyfication method is applied to the three kinds of implicit definition, they are split up into two components from which the first one is broadly factual while the second one is purely stipulative. The paper argues that their definitional task in each case should be assigned to their second component i.e. their Carnap-conditional. (shrink)

In this paper I address G. C. Rota’s account of mathematical identity and I attempt to relate it with aspects of Frege as well as Husserl’s views on the issue. After a brief presentation of Rota’s distinction among mathematical facts and mathematical proofs, I highlight the phenomenological background of Rota’s claim that mathematical objects retain their identity through different kinds of axiomatization. In particular, I deal with Rota’s interpretation of the ontological status of mathematical objects in terms of ideality. Then (...) I detect certain similarities among Rota’s views and Frege’s account of the constitution of arithmetical identity on the grounds of 1–1 correspondence. I point out an epistemic as well as an ontological aspect of this issue. In the sequel, I attempt to deal with the problem of “mixed identities” in mathematics stated by Benacerraf by taking in account Rota’s use of the phenomenological notion “Fundierung”. (shrink)

This paper argues that the practical implementation of blockchain technology can be considered an institution of property similar to legal institutions. Invoking Penner's theory of property and Hegel's system of property rights, and using the example of bitcoin, it is possible to demonstrate that blockchain effectively implements all necessary and sufficient criteria for property without reliance on legal means. Blockchains eliminate the need for a third-party authority to enforce exclusion rights, and provide a system of universal access to knowledge and (...) discoverability about the property rights of all participants and how the system functions. The implications of these findings are that traditional property relations in society could be replaced by or supplemented with blockchain models, and implemented in new domains. (shrink)

Many theorists hold that outright verdicts based on bare statistical evidence are unwarranted. Bare statistical evidence may support high credence, on these views, but does not support outright belief or legal verdicts of culpability. The vignettes that constitute the lottery paradox and the proof paradox are marshalled to support this claim. Some theorists argue, furthermore, that examples of profiling also indicate that bare statistical evidence is insufficient for warranting outright verdicts.I examine Pritchard's and Buchak's treatments of these three kinds of (...) case. Pritchard argues that his safety condition explains the insufficiency of bare statistical evidence for outright verdicts in each of the three cases, while Buchak argues that her treatment of the distinction between credence and belief explains this. In these discussions the three kinds of cases – lottery, proof paradox, and profiling – are treated alike. The cases are taken to exhibit the same epistemic features. I identity significant overlooked epistemic differences amongst these three cases; these differences cast doubt on Pritchard's explanation of the insufficiency of bare statistical evidence for outright verdicts. Finally, I raise the question of whether we should aim for a unified explanation of the three paradoxes. (shrink)

I motivate three claims: Firstly, attentional traits can be cognitive virtues and vices. Secondly, groups and collectives can possess attentional virtues and vices. Thirdly, attention has epistemic, moral, social, and political importance. An epistemology of attention is needed to better understand our social-epistemic landscape, including media, social media, search engines, political polarisation, and the aims of protest. I apply attentional normativity to undermine recent arguments for moral encroachment and to illuminate a distinctive epistemic value of occupying particular social positions. A (...) recurring theme is that disproportionate attention can distort, mislead, and misrepresent even when all the relevant claims are true and well supported by evidence. In the informational cacophony of the internet age, epistemology must foreground the cognitive virtues of attunement. (shrink)

This essay introduces the ‘she said, he said’ paradox for Title IX investigations. ‘She said, he said’ cases are accusations of rape, followed by denials, with no further significant case-specific evidence available to the evaluator. In such cases, usually the accusation is true. Title IX investigations adjudicate sexual misconduct accusations in US educational institutions; I address whether they should be governed by the ‘preponderance of the evidence’ standard of proof or the higher ‘clear and convincing evidence’ standard. -/- Orthodoxy holds (...) that the ‘preponderance’ standard is satisfied if the evidence adduced renders the litigated claim more likely than not. On this view, I argue, ‘she said, he said’ cases satisfy the ‘preponderance’ standard. But this consequence conflicts with plausible liberal and feminist claims. In this essay I contrast the ‘she said, he said’ paradox with legal epistemology’s proof paradox. I explain how both paradoxes arise from the distinction between individualised and non-individualised evidence, and I critically evaluate responses to the ‘she said, he said’ paradox. (shrink)

The Republic’s noble lie is widely read as an endorsement of political difference that opposes the democratic ideals of its Athenian setting. Once the text’s exclusionary political realities and rhetorical structure are attended to, however, the passages no longer appear as the template for an essentialist politics or the act of political deception they are typically taken to be. What they do is lay bare the ‘artifice’ (mēchanē) by which regimes – including classical Athens – produce membership status as a (...) ‘natural’ category. Plato presents the regulatory fiction that one’s political ‘kind’ (genos) expresses a pre-given status as an open secret. Given the privileged awareness he affords the reader, the noble lie may be fruitfully read as revealing – not concealing – that the ‘natural’ distinctions of an exclusionary citizenship politics are the effects of willful political power. This narrative strategy takes on specific significance in the context of the blood-based membership politics of Athens, which had its own noble lie. Accordingly, Plato’s text is shown to provoke insights into questions of democratic difference usually assumed beyond its purview. The Republic is read as exposing the workings of an essentialist politics it is typically thought instead to originate and prescribe. (shrink)

In an earlier defense of the view that the fundamental logical properties of logical truth and logical consequence obtain or fail to obtain only relative to contexts, I focused on a variation of Kaplan’s own modal logic of indexicals. In this paper, I state a semantics and sketch a system of proof for a first-order logic of demonstratives, and sketch proofs of soundness and completeness. (I omit details for readability.) That these results obtain for the first-order logic of demonstratives shows (...) that the significance of demonstratives for logic exceeds their behavior as rigid designators in counterfactual reasoning, or reasoning about alternative possibilities. Furthermore, the results in this paper help address one common objection to the view that logical truth and consequence obtain only relative to contexts. According to this objection, the view entails that logical consequence is not formal. (shrink)

This essay is not about what love is. It is about what self-ascriptions of love do. People typically self-ascribe romantic love when a nexus of feelings, beliefs, attitudes, values, commitments, experiences, and personal histories matches their conception of romantic love. But what shapes this conception? And (how) can we adjudicate amongst conflicting conceptions? -/- Self-ascriptions of love do not merely describe the underlying nexus of attitudes and beliefs. They also change it. This essay describes how conceptions of love affect romantic (...) experience. I limn distinctions between love and obsessive infatuation and explore ways language can cultivate queer romantic preferences. Since conceptions of love are shaped, often implicitly, by terms available in one’s linguistic community, the resulting nexus of concepts and conceptions manifests linguistic luck. I suggest ways we might sculpt the language of love to better understand—and change—ourselves. Love can help us flourish and so can our “love” language. (shrink)

My essay ‘Attunement: On the Cognitive Virtues of Attention’ is the lead essay in a symposium. Adam Carter and Sandy Goldberg each respond to the ‘Attunement’ essay. This is my rejoinder. -/- (i.) Carter argues that resources from virtue reliabilism can explain the source of attention normativity. He modifies this virtue reliabilist AAA-framework to apply to attentional normativity. I raise concerns about Carter’s project. I suggest that true belief and proper attentional habits are not relevantly similar. -/- (ii.) Goldberg claims (...) that social roles underwrite kinds of attentional normativity that are not well-captured by virtue theory. I critically assess this claim. (shrink)

This article aims to elucidate the relationship between Agamben’s notion of messianism and his project of philosophical archaeology. Whereas the former relates to political and ethical aspects of Agamben’s philosophy, the latter belongs to the domain of methodology of philosophical research itself. The main thesis of the paper argues that these two components rely on each other and constitute one and the same project. The author demonstrates that Agamben’s notion of messianic action and scholarly activity of philosophical archaeology overlap, which (...) leads to a problematization of political dimension of Agamben’s messianism. The orientation towards the past in Agamben’s understanding of the messianic is its crucial presupposition that imposes limits on its applicability to the realm of politics. This thesis is substantiated by an investigation of the problem of relation between theory and practice in Agamben’s thought and by a close reading of the ‘Mystery of Anomia’ section in The Time that Remains. Beginning with the problem of the possibility of a transition from the tragic narrative elaborated in the Homo Sacer project to the messianic state of lawlessness, the author demonstrates that in Agamben’s thought this transition is made possible only by means of an archaeological inquiry. (shrink)

This paper aims to investigate certain aspects of Weyl’s account of implicit definitions. The paper takes under consideration Weyl’s approach to a certain kind of implicit definitions i.e. abstraction principles introduced by Frege.ion principles are bi-conditionals that transform certain equivalence relations into identity statements, defining thereby mathematical terms in an implicit way. The paper compares the analytic reading of implicit definitions offered by the Neo-Fregean program with Weyl’s account which has phenomenological leanings. The paper suggests that Weyl’s account should be (...) construed as putting emphasis on intentionality of human mind towards certain invariant features of the elements of initial domains of discourse that are involved in equivalence relations. Definition of terms like direction, shape, number etc. is achieved by a kind of transformation of those invariants into ideal objects that is involved in intuition. Then the paper argues that at the period of 1926 Weyl’s writings on implicit definitions, he is inclined to endorse symbolic construction as a way to explicate the objectivity of certain processes as those that are carried out in case of implicit definitions. (shrink)

I first support Alec Fisher's thesis that premises and conclusions in arguments can be unasserted first by arguing in its favor that only it preserves our intuition that it is at least possible that two arguments share the same premises and the same conclusion although not everything that is asserted in the one is also asserted in the other and second by answering two objections that might be raised against it. I then draw from Professor Fisher's thesis the consequence that (...) in suppositional arguments the falsity (or unacceptability) of a supposition does not tell unfavorably in the evaluation of the argument, because the falsity (or unacceptability) of a (nonredundant) premise counts against an argument if and only if that premise is asserted. Finally, I observe that, despite the fact that they are neither expressed nor even alluded to, implicit assumptions in arguments are always asserted, unless the conclusion, but none of the explicit premisses, is unasserted. Hence, apart from an exceptional case of the kind just mentioned, the falsity (or unacceptability) of implicit assumptions always counts against an argument. (shrink)

The article analyzes some key motives of both classical German phenomenology and contemporary French phenomenology. The theme of sense-formation, a recurring thread throughout Husserl's entire body of work, serves as a discussion starting point.A special emphasis is put on one of Husserl's posthumously published texts from 1933, in which he distinguishes between the open process of sense-formation [Sinnbildung] and the closed sense-structures [Sinngebilde]. The “phenomenon” to which phenomenological philosophy refers here is not a “pre-given thing” yet, but rather the horizon (...) in which its sense is shaped. This fundamental intuition is crucially important for the project of “nonstandard” phenomenology, which Richir is developing in the context of Francophone philosophy. Drawing equally from Maurice Merleau-Ponty’ phenomenology of language, Richir refers to “the sense that creates itself.” In this way, he is continuing to develop one of the key intuitio... (shrink)

How to reconcile the theory of evolution with existing religious beliefs has occupied minds since Darwin's time. The majority of the discourse on the subject is still focused on the Darwinian version of evolutionary theory, or at best, the mid-twentieth century version of the Modern Synthesis. However, evolutionary thought has moved forward since then with the insights provided by the advent of comparative genomics in recent decades having a particularly significant impact. A theology that successfully incorporates evolutionary biology needs to (...) take such developments into account, because range of truly viable options among the many versions of theistic evolution that have been proposed in the past may narrow down when this is done. Here I present these previously underappreciated strains of contemporary evolutionary thought and discuss their potential theological impact. (shrink)