Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.

We defend the guise of the good thesis in a tradition going back to Socrates and Plato, according to which persons act on the basis of what appears to them as good or the least bad or evil act available to them. This seems contrary to moral experience, but we defend the thesis against plausible counter-examples in life as well as fiction. We contend that the thesis makes wrong-doing and vice intelligible, but still wrong, dysfunctional and horrific.

There is an undeniable tendency to dismiss women’s sexual assault allegations out of hand. However, this tendency is not monolithic—allegations that black men have raped white women are often met with deadly seriousness. I argue that contemporary rape culture is characterized by the interplay between rape myths that minimize rape, and myths that catastrophize rape. Together, these two sets of rape myths distort the epistemic resources that people use when assessing rape allegations. These distortions result in the unjust exoneration of (...) people we cannot conceive of as monstrous, while making it too easy to believe that some marginalized people could be rapists. I also argue that rape myths enable a novel kind of epistemic injustice. This injustice concerns how our assessments of trustworthiness and our assessments of plausibility interact. I argue that rape myths can result in runaway credibility deflations that can explain both why people fail to believe most women, and also why people may unjustly believe false allegations that white women have been raped by black men. (shrink)

It has long troubled readers that Plato, who considers himself a standard-bearer for truth and epistemic virtue, seems so eager to deceive the masses. Plato’s Pragmatism develops and defends an acc...

Everything is constantly changing. Our emotions are one of the primary ways we track, evaluate, organize, and motivate responsive action to those changes. Furthermore, emotions are inherently interpersonal. We learn what to feel from others, especially when we are children. We “catch” other people’s emotions just by being around them. We get caught in escalating response–counterresponse emotional sequences. This all takes place in time, generating complex patterns of interpersonal emotional dynamics. This review summarizes theory, empirical findings, and key challenges for (...) future research regarding three processes that contribute to interpersonal affective dynamics: (a) Convergence of social partners’ emotional responses to the external world, (b) emotional reactivity of social partners to each other, and (c) interpersonal emotion regulation. (shrink)

In Metaphysics Θ 1, Aristotle claims that the active power is definitionally prior to the passive power. Commentators have been puzzled by this claim, because the definitions appear, and seemingly should be, symmetric. However, their attempts to address this difficulty are dissatisfying, for commentators have not adequately appreciated what the difficulty is: they show (at most) how every kind of active power can be definitionally prior to every kind of passive power, but do not address how the active power as (...) such can be definitionally prior to the passive power as such. We undertake three tasks. First, we clarify the puzzle, demonstrating that it is the claim that the active power as such is definitionally prior to the passive power as such that stands in need of justification. Second, we defend a reading of the definitions which dissolves the appearance of symmetry. Third, we explain why the view that the active power is prior to the passive is philosophically attractive. (shrink)

The Cynics were radically anti-conventional Greek philosophers who held egalitarian views about gender. They are also associated with extremely misogynistic anecdotes. How can one square this tension? I argue we must look to their ethical naturalism, on the basis of which they opposed convention, culture, and all that smacks of superficiality. This, combined with a longstanding stereotype about ‘feminine artifice’, explains (but does not justify) Cynic hostility toward the feminine.

In recent years the quantum foundations community has seen increasing interest in the possibility of using retrocausality as a route to rejecting the conclusions of Bell’s theorem and restoring locality to quantum physics. On the other hand, it has also been argued that accepting nonlocality leads to a form of retrocausality. In this article we seek to elucidate the relationship between retrocausality and locality. We begin by providing a brief schema of the various ways in which violations of Bell’s inequalities (...) might lead us to consider some form of retrocausality. We then consider some possible motivations for using retrocausality to rescue locality, arguing that none of these motivations is sufficient to show that local retrocausal theories should always be preferred to nonlocal retrocausal theories, and therefore there is no clear reason to focus research efforts entirely on seeking local retrocausal models. Next, we examine several different conceptions of retrocausality, concluding that ‘all-at-once’ retrocausality is more coherent than the alternative dynamical picture. We then argue that since the ‘all-at-once’ approach requires probabilities to be assigned to entire histories, locality is not playing any crucial role within this picture. Thus we conclude that using retrocausality as a way to rescue locality may not be the right route to retrocausality. Finally, we demonstrate that accepting the existence of nonlocality and insisting on the nonexistence of preferred reference frames leads naturally to the acceptance of a form of retrocausality, albeit one which is not mediated by physical systems travelling backwards in time. We argue that this is the more natural way to motivate retrocausal models of quantum mechanics. (shrink)

In this article we report relevant data that shed light on the topic of hope and patients’ expectations in the use of DBS, for standard, approved, and established indications, based on a broader qualitative study on the ethical and social challenges that healthcare providers face in the field of DBS.

The rule of rescue describes the moral impulse to save identifiable lives in immediate danger at any expense. Think of the extremes taken to rescue a small child who has fallen down a well, a woman pinned beneath the rubble of an earthquake, or a submarine crew trapped on the ocean floor. No effort is deemed too great. Yet should this same moral instinct to rescue, regardless of cost, be applied in the emergency room, the hospital, or the community clinic? (...) -/- In health care, the desire to save lives at any cost must be reconciled with the reality of resource scarcity. As one example, the estimated cost for prophylactic Factor VIII to treat one patient with hemophilia for one year is $300,000. Costs of this magnitude have been accepted by public and private insurers in the developed world, even though, in principle, these sums could provide greater overall health benefit if allocated to pay for the unmet health care needs of many other patients. Looking forward, however, broad application of the rule of rescue will be increasingly untenable. But the moral instinct will remain: the desire to help those weakest among us, especially when their small numbers allow us to see them as unique individuals. What, then, is the ethical framework that can guide coverage and reimbursement decisions for orphan drugs into the future? (shrink)

In the year 1308, Cardinal Giacomo Colonna was a tremendously busy man. He had returned to Rome only a few years earlier in the aftermath of a devastating papal war waged against his family by Boniface VIII. The papal court had been absent from the city for years, leaving an administrative void in Rome as it established itself first in Poitiers, then in Avignon from 1308 under the leadership of the Gascon pope Clement V. In 1306 Giacomo was fully reinstated (...) to the cardinalate, and set about rebuilding his family's fortunes and reputation, as well as a number of the city's churches. He commissioned a new mosaic facade for the basilica of Santa Maria Maggiore, and in 1308 he oversaw repairs... (shrink)

Recently there has been a great deal of interest in tabletop experiments intended to exhibit the quantum nature of gravity by demonstrating that it can induce entanglement. In order to evaluate these experiments, we must determine if there is any interesting class of possibilities that will be convincingly ruled out if it turns out that gravity can indeed induce entanglement. In particular, since one argument for the significance of these experiments rests on the claim that they demonstrate the existence of (...) superpositions of spacetimes, it is important to keep in mind that different interpretations of quantum mechanics may make different predictions about superpositions of spacetimes. ψ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\psi$$\end{document}-complete interpretations of quantum mechanics, like the Everett interpretation, almost universally predict the existence of superpositions of spacetimes, whereas in ψ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\psi$$\end{document}-incomplete, ψ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\psi$$\end{document}-nonphysical interpretations it seems more natural to predict that spacetime superpositions are not possible. Meanwhile ψ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\psi$$\end{document}-incomplete, ψ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\psi$$\end{document}-supplemented interpretations present us with a more complex picture where we may or may not end up predicting that spacetime superpositions are possible, depending on the particular way in which the coupling between spacetime and matter is constructed. This line of reasoning suggests that what would be ruled out by a successful result to these tabletop experiments is a class of quantum gravity models that we refer to as ψ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\psi$$\end{document}-incomplete quantum gravity —i.e. models of the interaction between quantum mechanics and gravity in which gravity is coupled to non-quantum beables rather than quantum beables. It follows that the results of tabletop experiments can also be regarded as giving us new evidence about the interpretation of quantum mechanics: roughly speaking, a positive result to these experiments should increase our confidence in ψ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\psi$$\end{document}-complete interpretations, whilst a negative result should instead increase our confidence in ψ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\psi$$\end{document}-incomplete interpretations. We introduce these ideas in Sect. 1, and then in Sect. 2 we make the reasoning more precise by presenting a set of inferences that may be made about the ontology of quantum mechanics based on the results of tabletop experiments. In Sect. 3 we discuss some existing PIQG models and consider what more needs to be done to make these sorts of approaches more appealing. There are two competing paradigms for the interpretation of these experiments, which have been dubbed the ‘Newtonian’ paradigm and the ‘tripartite’ paradigm: here we largely work within the tripartite paradigm, because the tripartite view is specifically concerned with ontological aspects of the mediating gravitational interaction and that makes it a suitable setting for enquiries about the ontology of quantum mechanics, but in Sect. 4 we consider what conclusions can be drawn if one does not presuppose the tripartite view. Finally in Sect. 5 we discuss a cosmological phenomenon which could be regarded as providing evidence for PIQG models. (shrink)

Aesthetic value, often viewed as subjective and even trivial compared to other environmental values, is commonly given low priority in policy debates. In this paper I argue that the seriousness and importance of aesthetic value cannot be denied when we recognise the ways that aesthetic experience is already embedded in a range of human practices. The first area of human practice considered involves the complex relationship between aesthetic experience and the development of an ethical attitude towards the environment. I then (...) discuss how aesthetics has played a role in scientific study and the use of evaluative aesthetic concepts in science, such as variety and diversity. The final section shows the connection between the beneficial effects of aesthetic engagement with nature and the restorative value of nature for human well-being. (shrink)

In debates about nature conservation, aesthetic appreciation is typically understood in terms of valuing nature as an amenity, something that we value for the pleasure it provides. In this paper I argue that this position, what I call the hedonistic model, rests on a misunderstanding of aesthetic appreciation. To support this claim I put forward an alternative model based on disinterestedness, and I defend disinterestedness against mistaken interpretations of it. Properly understood, disinterestedness defines a standpoint which precludes self-interest and utility, (...) and it does not entail a passive subject abstracted from who they are. This standpoint is compatible with a ‘situated aesthetic’ in which appreciation of aesthetic qualities is grounded in an embedded subject who is sensitive to the context and narrative of the object. The alternative model provides a conception of aesthetic value which distinguishes it from amenity value, and it also defines a non-instrumental approach that offers the opportunity for enhanced appreciation and attention to nature's value. (shrink)

The research aims to determine cross-cultural virtue ethics. A virtuous culture is most significantly an emotion-related thing consisting of trust, community, and meaning. It is that platform where all the interrelationships can form new advancements and implementations with the caliber of maximizing principles for all collaborators within a community. The research study also analyses moral philosophies across global indigenous societies. Certain suggestions presented by virtue ethics involve the treatment of teachers just like they are lifelong projects. Teachers are those personalities (...) that can change and inspire us from the situation where we are. The research was based on secondary data for determining the research using E-views software and generating results that included descriptive, unit root, variance, and co-integration analysis between them. The objective of this term is not to formulate and build those ethically perfect virtues and consider them perfect without any thought. Instead, do those virtues that can provide such a screen that can make us see the world without any ambiguity and judge things in the most improved way. Overall, the result found that moral philosophies show a direct and significant link with global indigenous societies. Virtue ethics is a term that provides the best understanding of virtuous human beings. This proves to be a good guide for us so that we can live our lives without any specified rules and provide solutions to all those problems based on ethics. (shrink)

We argued last year in this journal that extensive integration of research and care is a worthy goal of health system design, and we second the call from Ruth Faden and colleagues to move toward learning health care systems. As they recognize, learning health care systems demand the coordination of research and medical ethics—two sets of normative commitments that have long been considered distinct. In offering a novel ethics framework for such systems, Faden et al. advance the scholarly debate about (...) how best to do this and challenge us to think more deeply about its practical implications. However, we believe that at least three issues they raise require additional attention. First, the research‐care distinction has more normative bite than they are willing to concede. Second, the role for independent oversight requires clarification. Finally, they neglect the concept of stewardship as a guiding obligation of learning health care systems. (shrink)

This paper considers the concept of a good game in terms of its relation to the fair testing of relevant skills and their aesthetic values. As such, it will consider what makes football ‘the beautiful game’ and what part penalty shoot-outs play, or should play, within it. It begins by outlining and refuting Kretchmar’s proposal that games which end following the elapsing of a set amount of time, such as football, are structurally, morally and aesthetically inferior to games which end (...) following the attainment of a designated goal. Instead, it is suggested that the structural deficits of t-games are compensated by the fact that they allow for a fuller test of more valuable open skills than the closed skills that tend to define e-games, such as golf. Moreover, it is the rationing of time in t-games that provides an added aesthetic value that does not occur in e-games. Finally, it is concluded that although it may appear that the existence of the penalty shoot-out supports Kretchmar’s argu.. (shrink)

There is something attractive about combining the values of equality and responsibility, even though the view most commonly associated with doing so, of luck egalitarianism, is beset with objections. This article hence proposes an alternative approach to being a responsibility-sensitive egalitarian: one grounded on our valuable social practices of responsibility, rather than on a desire to mitigate the influence of luck on people's prospects. First, I argue that this practice-based approach better captures the very reasons that responsibility is significant for (...) justice than does the prevalent approach among luck egalitarians: namely, the values of fairness, choice and respect. Second, I show that the remaining motivation of the luck egalitarian approach, of being ‘anti-luck’, is impoverished. I conclude by suggesting that this practice-based approach is better motivated and more palatable than existing forms of luck egalitarianism, even for those relational egalitarians who standardly criticise making egalitarianism responsibility-sensitive. (shrink)

Non-pharmaceutical interventions, including social distancing, quarantine, and isolation, are a potentially attractive means to limit the transmission of a pandemic virus. Many of these interventions are directed at children given children’s disproportionate role in amplifying epidemics. The ethics of non-pharmaceutical interventions can be analyzed using Nancy Kass’ ethics framework for public health. Such an analysis highlights the limited data supporting these interventions’ effectiveness. It also suggests the framework itself needs to be expanded to consider harms other than constraints on liberty (...) and to consider affirmative programs to mitigate these broader harms. (shrink)

The online processing of both music and language involves making predictions about upcoming material, but the relationship between prediction in these two domains is not well understood. Electrophysiological methods for studying individual differences in prediction in language processing have opened the door to new questions. Specifically, we ask whether individuals with musical training predict upcoming linguistic material more strongly and/or more accurately than non-musicians. We propose two reasons why prediction in these two domains might be linked: Musicians may have greater (...) verbal short-term/working memory; music may specifically reward predictions based on hierarchical structure. We provide suggestions as to how to expand upon recent work on individual differences in language processing to test these hypotheses. (shrink)

The Asian American identity is intimately associated with upward class mobility as the model minority, yet women's earnings remain less than men's, and Asian American women are perceived to have strong family ties binding them to domestic responsibilities. As such, the exact class status of Asian American women is unclear. The immediate association of this ethnic identity with a specific class as demonstrated by the recently released Pew study that Asian Americans are “the highest-income, best-educated” ethnicity contrasts with another study (...) that finds Asian American women have the highest suicide rates in the United States. To understand these contrasting statistics, this article explores Asian American women's sense of authenticity. If the individual's sense of authenticity is intimately related with one's group identity, the association of the Asian American identity with a particular class ambivalently ensnares her as dichotomously inauthentic—as both the poor Asian American woman who fails to achieve economic upward mobility and the model minority Asian American woman who engages in assimilation practices. Feminist philosophers understand that identities change, but exactly how these transformations occur remains a mystery. The article ends with three speculations on the difficulties for practicing and recognizing individual acts that transform one's group identity. (shrink)

The majority of – usually moral – problems inherent in elite sport, such as whether athletes should be able to take particular drugs, wear particular clothing, or utilise particular tools, arguably stem from a conceptual one based on faulty logic and competing values. Sport is a human enterprise that represents a multitude of human compulsions, desires and needs; the urge to be competitive, to co-operate, to excel, to develop, to play, to love and be loved, and to find meaning in (...) one's existence. From the perspective of an amateur athlete, this pluralism is possible. When one is involved in athletics at the lower echelons, the values that one holds in relation to sport are fluid and flexible; they are prioritised according to a myriad of other influences that are contingent to a particular situation. As such, the reasons that the general population participate in athletic activities and the values they consequently ascribe to it are complex and wide-ranging and thus fall into the sociological realm. The philosophical problem with value in sport is found at the highest level, the professional platform, where discordant values are espoused, particularly the value of ever increasing quantifiable performance. The athletic events at the Olympic Games are the archetypal manifestation of this Citius , Altius , Fortius aphorism and yet when taken to its logical conclusion becomes evidently absurd. (shrink)

This paper explores a trans-Atlantic clash about time: in 1899, American philosopher Mary Calkins argued we should not spatialize time; in 1899, British philosopher Victoria Welby argued we should. I take their disagreement as a starting point to contextualize, study, and compare the accounts of time presented in their respective articles. Both Calkins and Welby cared deeply about time, writing on the topic across their careers, but their views have not been studied by historians of philosophy. This is unfortunate, for (...) I argue their novel theories reward attention. Calkins’ 1899 account draws on Kant to arrive at the earliest American-British causal theory of time, pioneers the metaphysical applications of temporal experimental psychology, and replies to F. H. Bradley’s proclamation that it is ‘impossible’ to explain the appearance of time. Meanwhile, I read Welby’s 1907 account as offering a radical metaphysic, on which time is literally a kind of space, resonating with 1880s literature around the ‘fourth dimension’ and H. G. Wells’ 1895 novel The Time Machine. I have uncovered an early draft of Welby’s paper dating to 1902 and, using this alongside other unstudied writings by Welby, trace the development of her views from the 1880s onwards. (shrink)

We discuss some difficulties that arise in attempting to interpret the Page–Wootters and Internal Quantum Reference Frames formalisms, then use a ‘final measurement’ approach to demonstrate that there is a workable single-world realist interpretation for these formalisms. We note that it is necessary to adopt some interpretation before we can determine if the ‘reference frames’ invoked in these approaches are operationally meaningful, and we argue that without a clear operational interpretation, such reference frames might not be suitable to define an (...) equivalence principle. We argue that the notion of superposition should take into account the way in which an instantaneous state is embedded in ongoing dynamical evolution, and this leads to a more nuanced way of thinking about the relativity of superposition in these approaches. We conclude that typically the operational content of these approaches appears only in the limit as the size of at least one reference system becomes large, and therefore these formalisms have an important role to play in showing how our macroscopic reference frames can emerge out of wholly relational facts. (shrink)

This essay considers Shaul Magid's book on Meir Kahane and American Jewish politics through a discussion of the idea of modern Jewish “civility.” I argue that Magid's book enacts an argument that contemporary liberal Zionist politics are not as foreign to Kahanism as they might appear.

Francesco Redi’s seventeenth-century experiments on insect generation are regarded as a key contribution to the downfall of belief in spontaneous generation. Scholars praise Redi for his experiments demonstrating that meat does not generate insects, but condemn him for his claim elsewhere that trees can generate wasps and gallflies. He has been charged with rejecting spontaneous generation only to change his mind and accept it, and in the process, with failing as a rigorous experimental philosopher. In this paper I defend Redi (...) from both of these charges. In doing so, I draw some broader lessons for our understanding of spontaneous generation. ‘Spontaneous generation’ does not refer to a single theory, but rather a landscape of possible views. I analyze Redi’s theoretical commitments and situate them within this landscape, and argue that his error in the case of insects from plants is not as problematic as previous commentators have said it is. In his research on gall insects Redi was addressing a different question from that of his experiments on insect generation—the question was not “Can insects come from nonliving matter?,” but rather, “Can insects come from living organisms which are not their parents?” In the latter case, he gave an answer which we now know to be false, but this was not due to any failure in his rigor as an experimental philosopher. (shrink)