A collection of essays with themes in human rights and legal history, spanning several centuries, containing a tribute to one of the most remarkable jurists of our time. Linked by an historical and contextual approach, these essays add to knowledge of legal history and human rights and provide a reference point for future research.

This book brings together essays on themes of human rights and legal history, reflecting the long and distinguished career as academic writer and human rights activist of Brian Simpson. Written by colleagues and friends in the United States and Britain, the essays are intended to reflect Simpson's own legal interests. The collection opens with biography of Simpson's academic life which notes his major contribution to legal thought, and closes with an account of his career in the United States and a (...) bibliography of his writings. As a tribute to Simpson's varied interests in the law, the collection is grouped around themes in human rights, legal philosophy, and legal history. The human rights papers are concerned with the history of the right of individual petition to the European Court of Human Rights, and recent successes in which Brian Simpson played a part; the evolution of a transnational common law of human rights; the United Nations Convention on the Rights of the Child and the interpretation of the provisions on identity in France and England; the suspension of human rights which would have occurred, had the emergency War Zone Courts scheme been brought into effect during wartime; historical resistance to colonial laws in Papua New Guinea; and the ratio decidendi of the story of the Prodigal Son. Historical themes are found in essays concerned with three nineteenth-century Lord Chancellors; in two essays relating to the fate of the civil jury on either side of the Atlantic which provide a fascinating comparison; in the 'battle of the books' which led to changes in eighteenth-century copyright law; and judicial rivalry between King's Bench and Common Pleas in the early modern period. (shrink)

Is there a public good? A prevalent view in political science is that democracy is unavoidably chaotic, arbitrary, meaningless, and impossible. Such scepticism began with Condorcet in the eighteenth century, and continued most notably with Arrow and Riker in the twentieth century. In this powerful book, Gerry Mackie confronts and subdues these long-standing doubts about democratic governance. Problems of cycling, agenda control, strategic voting, and dimensional manipulation are not sufficiently harmful, frequent, or irremediable, he argues, to be of normative (...) concern. Mackie also examines every serious empirical illustration of cycling and instability, including Riker's famous argument that the US Civil War was due to arbitrary dimensional manipulation. Almost every empirical claim is erroneous, and none is normatively troubling, Mackie says. This spirited defence of democratic institutions should prove both provocative and influential. (shrink)

This paper sets out to accomplish two goals. First, drawing on the Irish perspective, it reconceptualises one of the enduring legacy-based harms of epistemic colonisation, in this case, ‘linguicism’, in terms of ‘hermeneutical injustice’. Second, it argues that otherwise well-meaning attempts to combat epistemic colonisation through the inclusion of marginalised testimony can, in certain circumstances, lead to cases of ‘epistemic exploitation’, which, in turn, can result in ‘ontic burnout’. Both linguicism and epistemic exploitation, this paper theorizes, have the potential to (...) bring about ontic burnout. Here is the plan: to set the scene, section I briefly surveys some key arguments supporting the call for higher education institutions (HEIs) to engage in epistemic decolonising, focusing on the importance of striking a balance between two extremes: (i) abandoning all forms of Eurocentric/colonial knowledge through the elimination of inherited thinking and conceptual schemes which result from colonization, in particular, those which remain in our thinking “owing to inertia rather than to our own reflective choices” (Wiredu 2002, p.56); (ii) the other—pursuing a more positive project where we seek to, “exploit as much as is judicious the resources of indigenous conceptual schemes” (Wiredu 1996: p.136). From here, it moves to consider harms associated with a subset of ‘epistemicide’, that is, ‘linguicism’—a phenomenon where the language and culture of the colonizer become part of the ‘civilising project’ and, in more extreme cases of linguicide, forcibly replaces indigenous languages. Section II then explores the subtleties of harmful by-products deriving from ‘inclusion’, namely that which scholars refer to as ‘epistemic exploitation’. Situations where marginalised scholars are finally ‘at the table but still on the menu’ arise when privileged persons, compel marginalised knowers to educate them [and others] about the nature of their oppression (Berenstain, 2016). Habitual requests to turn themselves inside out for emancipatory principles give rise to a phenomenon known as ontic burnout (Dunne and Kotsonis, 2022, p.9)—“a form of dissociative explanatory fatigue culminating in oppressed persons engaging in a conscious or unconscious decoupling from their socially constructed identity, from the burdens and injustices associated with being a member of a certain social kind”. This harm is, I argue, rarely discussed in the literature and worthy of further analysis. (shrink)

The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve that aim. This book asks how international lawyers might engage in a professional practice that has become, to adapt a title of Janet Malcolm's, both difficult and impossible. It suggests that international lawyers are disabled by the governing idioms of international lawyering, and proposes that they may be re-enabled by speaking different (...) sorts of international law, or by speaking international law in different sorts of ways. In this methodologically diverse and unusually personal account, Gerry Simpson brings to the surface international law's hidden literary prose and offers a critical and redemptive account of the field. He does so in a series of chapters on international law's bathetic underpinnings, its friendly relations, the neurotic foundations of its underlying social order, its screened-off comic dispositions, its anti-method, and the life-worlds of its practitioners. Finally, the book closes with a chapter in which international law is re-envisioned through the practice of gardening. All of this is put forward as a contribution to the project of making international law, again, a compelling language for our times. (shrink)

Gerry Gaden; Rehabilitating Responsibility, Journal of Philosophy of Education, Volume 24, Issue 1, 30 May 2006, Pages 27–38, https://doi.org/10.1111/j.1467-975.

What it means to be a knower together with the social practices through which we come to know are irreducibly complex ethical concepts (Congdon, 2018). Extant analyses of epistemic injustice typica...

Machine generated contents note: 1 Introduction 1 -- 2 Central themes and critical issues 10 -- Introduction 10 -- Core themes 11 -- Differences which have surfaced in the move from -- margins to mainstream 15 -- The claims of restorative justice: a brief examination 21 -- Some limitations of restorative justice 25 -- Some dangers of restorative justice 29 -- Debunking restorative justice 32 -- 3 Reviving restorative justice traditions 36 -- The rebirth of an ancient practice 36 -- (...) Pre-modem criminal justice 37 -- The renaissance of native justice traditions 43 -- Navajo peacemaking 44 -- Can one characterise ancient and indigenous -- justice as restorative? 47 -- Can one revive restorative justice traditions? 49 -- Conclusion: did restorative justice ever die? 59 -- 4 Healing the victim 62 -- Introduction 62 -- The experiences and needs of victims 64 -- The inadequacy of punitive justice for the victim 67 -- Victim reforms 70 -- Restitution from the offender 74 -- Beyond restitution: restoring victims 76 -- Restorative justice or 'clubbing together'? 78 -- Using victims to rehabilitate offenders 81 -- Paternalism towards victims 83 -- Balancing the needs of the victim with those of society 84 -- 5 A restorative approach to offenders 87 -- Introduction 87 -- Restorative justice as an alternative to retributive justice 88 -- Restorative justice as an alternative to treatment 94 -- The goals and methods of restorative justice in relation -- to offenders 95 -- An alternative to punishment or an alternative form of -- punishment? 106 -- An alternative to treatment? 111 -- 6 Shame, apology and forgiveness 114 -- Introduction 114 -- Restorative cautioning 115 -- The psychological routes of restorative conferencing 116 -- The idea of reintegrative shaming 118 -- Some questions about shaming 123 -- Apology and forgiveness 132 -- 7 Mediation, participation and the role of community 136 -- Introduction: handling criminal conflicts 136 -- The rationale for the restorative justice process 140 -- Achieving restorative goals 141 -- Moral development and the strengthening of community 144 -- The role of community 151 -- 8 The future of restorative justice 161 -- Introduction 161 -- Implementing restorative justice: the paths less likely 163 -- The implementation of restorative techniques 166 -- Restorative justice and the pattern of penal control 169 -- The future of restorative justice research 170 -- Appendix to chapter 3: the theological roots of judicial -- punishment 172. (shrink)

This paper proposes a novel educational approach to epistemic vice rehabilitation. Its authors Gerry Dunne and Alkis Kotsonis note that, like Quassim Cassam, they remain optimistic about the possibility of improvement with regard to epistemic vice. However, unlike Cassam, who places the burden of minimizing or overcoming epistemic vices and their consequences on the individual, Dunne and Kotsonis argue that vice rehabilitation is best tackled via the exemplarist animated community of inquiry zetetic principles and defeasible-reasons-regulated deliberative processes. The vice-reduction (...) method they propose is made up of four distinct yet complementary components: (1) positive exemplarism of epistemic virtue (saints), (2) negative exemplarism of epistemic vice (sinners), (3) direct teaching/instruction, and (4) cognitive apprenticeship. Dunne and Kotsonis argue that this pedagogical intervention appropriately considers learnings deriving from forensic scrutiny of both ideal and non-ideal interpersonally calibrated zetetic features integral to knowledge acquisition as well as wider societal influences impacting the development of agents' epistemic character. It bridges research on vice epistemology (Cassam's obstructivist theory), social epistemology (corrupted social processes mitigating against vice rehabilitation), virtue epistemology, and moral exemplarism. (shrink)

Who should decide? In When Doctors Say No, philosopher and bioethicist Rubin examines this controversial issue.

The inflation of Type I error rates is thought to be one of the causes of the replication crisis. Questionable research practices such as p-hacking are thought to inflate Type I error rates above their nominal level, leading to unexpectedly high levels of false positives in the literature and, consequently, unexpectedly low replication rates. In this article, I offer an alternative view. I argue that questionable and other research practices do not usually inflate relevant Type I error rates. I begin (...) by introducing the concept of Type I error rates and distinguishing between statistical errors and theoretical errors. I then illustrate my argument with respect to model misspecification, multiple testing, selective inference, forking paths, exploratory analyses, p-hacking, optional stopping, double dipping, and HARKing. In each case, I demonstrate that relevant Type I error rates are not usually inflated above their nominal level, and in the rare cases that they are, the inflation is easily identified and resolved. I conclude that the replication crisis may be explained, at least in part, by researchers’ misinterpretation of statistical errors and their underestimation of theoretical errors. (shrink)

Preregistration has been proposed as a useful method for making a publicly verifiable distinction between confirmatory hypothesis tests, which involve planned tests of ante hoc hypotheses, and exploratory hypothesis tests, which involve unplanned tests of post hoc hypotheses. This distinction is thought to be important because it has been proposed that confirmatory hypothesis tests provide more compelling results (less uncertain, less tentative, less open to bias) than exploratory hypothesis tests. In this article, we challenge this proposition and argue that there (...) are several advantages of exploratory hypothesis tests that can make their results more compelling than those of confirmatory hypothesis tests. We also consider some potential disadvantages of exploratory hypothesis tests and conclude that their advantages can outweigh the disadvantages. We conclude that exploratory hypothesis tests avoid researcher commitment and researcher prophecy biases, reduce the probability of data fraud, are more appropriate in the context of unplanned deviations, facilitate inference to the best explanation, and allow peer reviewers to make additional contributions at the data analysis stage. In contrast, confirmatory hypothesis tests may lead to an inappropriate level of confidence in research conclusions, less appropriate analyses in the context of unplanned deviations, and greater bias and errors in theoretical inferences. (shrink)

Cass Sunstein details intrinsic flaws in group discussion, even in ideal deliberation, and draws attention to prediction markets and information-aggregation devices on the internet as supplements to discussion. I respond that the supposed flaws do not affect ideal deliberation, and that the evaluation of group discussion is too pessimistic: there are alternative hypotheses to account for his findings, and there are doubts about their external validity. Also, I contend that his evaluation of prediction markets and internet devices is too optimistic. (...) The markets have failed miserably, and the internet is vulnerable to astroturfing by the powerful and wealthy. (shrink)

In order for us to have epistemic justification, Sinnott-Armstrong believes we do not have to be able to rule out all sceptical hypotheses. He suggests that it is sufficient if we have 'modestly justified beliefs', i.e., if our evidence rules out all non-sceptical alternatives. I argue that modest justification is not sufficient for epistemic justification. Either modest justification is independent of our ability to rule out sceptical hypotheses, but is not a kind of epistemic justification, or else modest justification is (...) a kind of epistemic justification, but is not truly independent of our ability to rule out sceptical hypotheses. (shrink)

Hypothesizing after the results are known, or HARKing, occurs when researchers check their research results and then add or remove hypotheses on the basis of those results without acknowledging this process in their research report (Kerr, 1998). In the present article, I discuss three forms of HARKing: (1) using current results to construct post hoc hypotheses that are then reported as if they were a priori hypotheses; (2) retrieving hypotheses from a post hoc literature search and reporting them as a (...) priori hypotheses; and (3) failing to report a priori hypotheses that are unsupported by the current results. These three types of HARKing are often characterized as being bad for science and a potential cause of the current replication crisis. In the present article, I use insights from the philosophy of science to present a more nuanced view. Specifically, I identify the conditions under which each of these three types of HARKing is most and least likely to be bad for science. I conclude with a brief discussion about the ethics of each type of HARKing. (shrink)

Schumpeter's redefinition of representative democracy as merely leadership competition was canonical in postwar political science. Schumpeter denies that individual will, common will, or common good are essential to democracy, but he, and anyone, I contend, is forced to assume these conditions in the course of denying them. Democracy is only a method, of no intrinsic value, its sole function to select leaders, according to Schumpeter. Leaders impose their views, and are not controlled by voters, and this is as it should (...) be, he says. I respond that his leadership democracy is implausible, both descriptively and prescriptively. Competitive election is a necessary, but not a sufficient condition of democracy, not sufficient even for the limited empirical purpose of regime classification. Any adequate definition of democracy must make reference to the common will, the common good, and other values, I submit. (shrink)

We identify a number of principles with respect to prediction that, we argue, underpin adult language comprehension: (a) comprehension consists in realizing a mapping between the unfolding sentence and the event representation corresponding to the real‐world event being described; (b) the realization of this mapping manifests as the ability to predict both how the language will unfold, and how the real‐world event would unfold if it were being experienced directly; (c) concurrent linguistic and nonlinguistic inputs, and the prior internal states (...) of the system, each drive the predictive process; (d) the representation of prior internal states across a representational substrate common to the linguistic and nonlinguistic domains enables the predictive process to operate over variable time frames and variable levels of representational abstraction. We review empirical data exemplifying the operation of these principles and discuss the relationship between prediction, event structure, thematic role assignment, and incrementality. (shrink)

We have been asked to consider the feasibility of piloting a Citizens’ Basic Income : a basic, unconditional, universal, individual, regular payment that would replace aspects of social security and be introduced alongside changes to taxes. Piloting and evaluating a CBI as a Cluster Randomized Control Trial raises the question of whether intervention and comparison groups would be in equipoise, and thus whether randomization would be ethical. We believe that most researchers would accept that additional income, or reduced conditions on (...) receiving income would be likely to improve health, especially at lower income levels. However, there are genuine uncertainties about the impacts on other outcomes, and CBI as a mechanism of providing income. There is also less consensus amongst civil servants and politicians about the impacts on health, and substantial disagreement about whether these would outweigh other impacts. We believe that an RCT is ethical because of these uncertainties. We also argue that the principle of equipoise should apply to randomized and non-randomized trials; that randomization is a fairer means of allocating to intervention and comparison groups; and that there is an ethical case for experimentation to generate higher-quality evidence for policymaking that may otherwise do harm. (shrink)

Beloved author of, among many other books, the bestsellers How to Argue and Win Every Time and The Making of a Country Lawyer , Gerry Spence distills a lifetime of wisdom and observation about how we live, and how we ought to live in Seven Simple Steps to Personal Freedom . Here, in seven chapters, he delivers messages that inspire us first to recognize our servitude-to money, possessions, corporations, the status quo, and our own fears-and then shows us how (...) to begin the self-defining process toward liberation. Seven Simple Steps to Personal Freedom is a powerfully affirming, large-hearted, and life-changing book that asks us all to take the greatest risk for the greatest reward-our own freedom. (shrink)

This paper proposes a novel educational approach to epistemic vice rehabilitation. Its authors Gerry Dunne and Alkis Kotsonis note that, like Quassim Cassam, they remain optimistic about the possibility of improvement with regard to epistemic vice. However, unlike Cassam, who places the burden of minimizing or overcoming epistemic vices and their consequences on the individual, Dunne and Kotsonis argue that vice rehabilitation is best tackled via the exemplarist animated community of inquiry zetetic principles and defeasible-reasons-regulated deliberative processes. The vice-reduction (...) method they propose is made up of four distinct yet complementary components: (1) positive exemplarism of epistemic virtue (saints), (2) negative exemplarism of epistemic vice (sinners), (3) direct teaching/instruction, and (4) cognitive apprenticeship. Dunne and Kotsonis argue that this pedagogical intervention appropriately considers learnings deriving from forensic scrutiny of both ideal and non-ideal interpersonally calibrated zetetic features integral to knowledge acquisition as well as wider societal influences impacting the development of agents' epistemic character. It bridges research on vice epistemology (Cassam's obstructivist theory), social epistemology (corrupted social processes mitigating against vice rehabilitation), virtue epistemology, and moral exemplarism. (shrink)

During multiple testing, researchers often adjust their alpha level to control the familywise error rate for a statistical inference about a joint union alternative hypothesis (e.g., “H1,1 or H1,2”). However, in some cases, they do not make this inference. Instead, they make separate inferences about each of the individual hypotheses that comprise the joint hypothesis (e.g., H1,1 and H1,2). For example, a researcher might use a Bonferroni correction to adjust their alpha level from the conventional level of 0.050 to 0.025 (...) when testing H1,1 and H1,2, find a significant result for H1,1 (p < 0.025) and not for H1,2 (p > .0.025), and so claim support for H1,1 and not for H1,2. However, these separate individual inferences do not require an alpha adjustment. Only a statistical inference about the union alternative hypothesis “H1,1 or H1,2” requires an alpha adjustment because it is based on “at least one” significant result among the two tests, and so it refers to the familywise error rate. Hence, an inconsistent correction occurs when a researcher corrects their alpha level during multiple testing but does not make an inference about a union alternative hypothesis. In the present article, I discuss this inconsistent correction problem, including its reduction in statistical power for tests of individual hypotheses and its potential causes vis-à-vis error rate confusions and the alpha adjustment ritual. I also provide three illustrations of inconsistent corrections from recent psychology studies. I conclude that inconsistent corrections represent a symptom of statisticism, and I call for a more nuanced inference-based approach to multiple testing corrections. (shrink)

This paper considers in conceptual terms the extent to which pre-service teachers’ disengagement with philosophy of education might usefully be explained in terms of the mistaken charge of (1) ‘epistemic trespassing’ frequently levelled against philosophers of education. This cohort charge philosophers of education with being ultracrepidarians—those who proffer opinions on subjects that they know nothing about. Contra this view, I argue that casting philosophers as epistemic trespassers—lofty theorists with nothing meaningful to contribute to professional practice—is a wrongful charge, or ‘epistemic (...) vice’, based on a series of epistemic mistakes. These, individually and collectively, lead to a series of troubling costs in terms of impoverished professional formation and practice. To diagnose a plausible explanatory account of this phenomenon, I briefly turn to what I consider the main causes of this misattribution—more precisely—the four secondary category mistakes pre-service teachers make. Naturally a qualification is required. I contend these epistemic mistakes can rightfully be attributed to *some pre-service teachers in such determinations, which include: (2) misunderstanding standpoint epistemology (SE) in terms of automatic privilege being coextensive with first-personal authority (FPA); (3) overestimating the added value of deliberate/rational ignorance; (4) misguided intellectualist views of skills and expertise; and, (5) uncritical technicist attempts to emulate TikTok Exemplars with the allure of ‘Insta results’. (shrink)

"Dr. Rubin has brought cognitive psychology into a wholly unprecedented dialogue with studies in oral tradition. The result is a truly new perspective on memory and the processes of oral tradition." --John Miles Foley, University of Missouri.

Discussion is frequently observed in democratic politics, but change in view is rarely observed. Call this the ‘unchanging minds hypothesis’. I assume that a given belief or desire is not isolated, but, rather, is located in a network structure of attitudes, such that persuasion sufficient to change an attitude in isolation is not sufficient to change the attitude as supported by its network. The network structure of attitudes explains why the unchanging minds hypothesis seems to be true, and why it (...) is false: due to the network, the effects of deliberative persuasion are typically latent, indirect, delayed, or disguised. Finally, I connect up the coherence account of attitudes to several topics in recent political and democratic theory. Key Words: deliberation • democracy • persuasion • change in view • coherence. (shrink)

Humanitarian aid professionals frequently encounter situations in which one is conscious of the morally appropriate action but cannot take it because of institutional obstacles. Dilemmas like this are likely to result in a specific kind of stress reaction at the individual level, labeled as moral stress. In our study, 16 individuals working with international humanitarian aid and rescue operations participated in semistructured interviews, analyzed in accordance with a grounded theory approach. A theoretical model of ethical decision making from a moral (...) stress perspective was developed. The practical implications of the study are discussed. (shrink)

A structure has a (finite-string) automatic presentation if the elements of its domain can be named by finite strings in such a way that the coded domain and the coded atomic operations are recognised by synchronous multitape automata. Consequently, every structure with an automatic presentation has a decidable first-order theory. The problems surveyed here include the classification of classes of structures with automatic presentations, the complexity of the isomorphism problem, and the relationship between definability and recognisability.

Thomas Aquinas consistently maintains that there are two kinds of beauty: bodily or sensible beauty and spiritual or intelligible beauty. Due to the lively debate over whether intelligible beauty is a transcendental for Thomas, discussions of his aesthetics have tended either to ignore his views on sensible beauty or to mention them only in passing. The present paper will therefore give a brief overview of Thomas’s thought on bodily beauty. The first section will discuss the objective aspects of sensible beauty (...) for Thomas, i.e., its definition and three conditions, while the second will present his views on its subjective aspects, i.e., how we experience it, why it pleases us, and its importance for human flourishing. The third and final section will examine how Thomas’s account of sensible beauty affects his views on the beauty of the glorified human body and of the universe as a whole after the Last Judgment. (shrink)