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)

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)

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)

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)

Conciliatory views of peer disagreement hold that when an agent encounters peer disagreement she should conciliate by adjusting her doxastic attitude towards that of her peer. In this paper I distinguish different ways conciliation can be understood and argue that the way conciliationism is typically understood violates the principle of commutativity of evidence. Commutativity of evidence holds that the order in which evidence is acquired should not influence what it is reasonable to believe based on that evidence. I argue that (...) when an agent encounters more than one peer, and applies the process of conciliation serially, the order she encounters the peers influences the resulting credence. I argue this is a problem for conciliatory views of disagreement, and suggest some responses available to advocates of conciliation. (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)

Understanding enjoys a special kind of value, one not held by lesser epistemic states such as knowledge and true belief. I explain the value of understanding via a seemingly unrelated topic, the implausibility of veritism. Veritism holds that true belief is the sole ultimate epistemic good and all other epistemic goods derive their value from the epistemic value of true belief. Veritism entails that if you have a true belief that p, you have all the epistemic good qua p. Veritism (...) is a plausible and widely held view; I argue that it is untenable. I argue that integration among beliefs possesses epistemic value independent from the good of true belief, and so has value veritism cannot account for. I argue further that this integration among beliefs comprises the distinctive epistemic value of understanding. (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)

This study takes up the phenomenon of disappointment in today's environmental movements. It analyses two distinct streams of environmental movements – neo-environmentalism and the Dark Mountain Project. On the basis of their published written statements, it describes these movements, analyses the opinions of their members regarding possible future developments and examines their ethical motivations. It examines the members’ motivations in terms of three categories – teleological, deontological and virtue ethics – and asserts that each of these contains various expectations, implying (...) varying potential for disappointment. The text's conclusion compares and assesses the attitudes of the members of neo-environmentalism and the Dark Mountain Project, their optimism and pessimism, from the perspective of the philosophers Hans Jonas, Roger Scruton and Romano Guardini. (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)

In Greek mythology, Lamia, daughter of the king of Libya, bore several children to Zeus, but his jealous wife, Hera, killed all but one of them. Transformed by grief and anger, Lamia became a monster with the manners and physical traits of an animal. The word lamia can also be found in the form of an appellative. In the book of Isaiah in the Vulgate, the lamia is among the animals, beasts and monsters which will despoil Jerusalem when God's judgement (...) befalls the city. Ancient zoological works use the word to indicate what is probably a species of shark, while medieval encyclopedias add several other meanings: lamia denotes, among other things, a hybrid creature which looks like a woman with horse legs; and a four-legged animal which damages plants in gardens at night and is likely to attack people it encounters. The origins of most ancient, early-Christian and medieval conceptions of the lamia have been traced more or less satisfactorily; the only tradition which remains unexplained is that of the fierce quadruped which threatens property and people's lives. The purpose of the present Note is to explore the origins of this ferocious creature, to determine what animal or animals may have inspired it, and to map the ways in which it entered medieval culture under the new name of lamia. The answers to these questions are to be found in the medieval reception of Aristotle's zoological observations, through the Arabic and Latin translations of his Historia animalium. (shrink)

Creative Management and Innovation Nowadays, entrepreneurship is determined how fast innovations or creativity can be incorporated into company activities. Creativity is mean constantly aspiring process of innovation and progress. Creativity and innovation management these days are important keys to any effort how to be success in business world. Forces of creativity in company or in entrepreneurship should be able to provide innovation and contribute to solve problems. The new idea are often accepted as the main activity of creative management and (...) the vision, strategy, goals or ideas are understands like equipment of creativity. Implementation of new ideas - innovation is the main activity of creative management. Visions, strategies, objectives and ideas are seen as tools of creativity.Because of differences in innovation process between EU and USA, innovation processes in EU are directly supported via framework programs. Currently FP7 is active, but new process for innovation called Horizon 2020 is under preparation. Last FP7 program is oriented for cooperation between science oriented organizations and SME, while future Horizon 2020 will be oriented for excellence science, competitive industries and better human society.In paper are presented real examples of companies/projects within the EU, including Slovakia. Three types of projects are compared. While project SAFER is supported by EU FP7, project Volvo Vision 2020 and Logomotion project are not supported and are commercial projects. Slovak project is supported by private investor. All projects are different, but have common line - to manage innovation process and implement it in real life. To manage innovation teams located around the world required creative concept in management. (shrink)

Assisted reproduction (ART), particularly that performed using donated gametes, increases the prospect of healthy babies being delivered to increasing numbers of people striving for parenthood. The psychosocial, ethical and legislative issues related both to the donation and receipt of gametes are perceived as extraordinarily complicated. In 2009, a research project aimed at mapping the issues was drawn up and implemented in the Czech Republic. The project should have provided material for consultation purposes, for the work of ethical and legislative bodies, (...) and for better interdisciplinary and international communication in reproductive medicine. Work on the project was affected by several unforeseen events, particularly by the drafting and adoption of a new law on ART (to which the project was initially to have contributed material once concluded). The article describes the dynamic and structural changes occurring within the project due to drafting of the bill as well as the changes and consequences resulting from other circumstances related to the topic researched. (shrink)

We address the issue of the normativity of representation and how Grush might address it for emulations as constituting representations. We then proceed to several more detailed issues concerning the learning of emulations, a possible empirical counterexample to Grush's model, and the choice of Kalman filters as the form of model-based control.

V centru současného uvažování o výuce filozofie stojí koncept filozofování / filozofického myšlení. Jeho vymezení je v souladu s tzv. kompetenčním přístupem ke vzdělávání, které akcentují i rámcové vzdělávací programy. I když nepanuje naprostá shoda na konkrétních oborových kompetencích, z diskuze vyplývá, že pro rozvoj filozofického myšlení žáků je stěžejní schopnost prezentovat a hodnotit argumenty. Přestože se mnohé přístupy rozvojem těchto schopností zabývají, jejich efektivita v praxi je velmi vázaná na didaktickou i odbornou erudici učitele. Zároveň v kontextu uvažování o (...) filozofování v České republice naprosto chybí tematizace toho, co naše mysl dělá, když filozofujeme. Cílem tohoto textu je představit model filozofování, konkrétně TRAP Mind Theory Franka Brosowa, který může být výraznou oporou při rozvíjení filozofických kompetencí žáků jak zkušeným, tak i začínajícím pedagogům. Tento model identifikuje na základě výsledků empirického výzkumu kontemplativní procesy filozofování, a tím vyučujícímu i samotným studujícím umožňuje cíleně do práce nad konkrétními problémy promítat metakognitivní aspekt. Rozhovory se studujícími – budoucími učiteli, kteří filozofování využívají v praxi, a samotné pozorování aplikace modelu naznačují, že tento model má velký potenciál pro rozvoj filozofování. (shrink)

Surrogacy is a type of medically assisted reproduction (MAR), which is considered to be a relatively simple medical procedure. However, psychosocially, ethically and legally, it is extremely complicated. There has been a significant increase in interest in the procedure lately. This is largely due to the fact that it is now available to groups of applicants other than traditional heterosexual couples of reproductive age. Its purpose is to examine various approaches to determining what is legally acceptable as parenthood after surrogacy. (...) Our conclusion is that the wishes and rights of the individual actors (intended parent(s), surrogate mother, future child, gamete donors and society as a whole) are incompatible and contradictory. None of the probable solutions suggested from different perspectives can ensure that the wishes and rights of all are fulfilled at the same time. (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)

The teleological approach to an epistemic concept investigates it by asking questions such as ‘what is the purpose of the concept?’, ‘What role has it played in the past?’, or ‘If we imagine a society without the concept, why would they feel the need to invent it?’ The idea behind the teleological approach is that examining the function of the concept illuminates the contours of the concept itself. This approach is a relatively new development in epistemology, and as yet there (...) are few works examining it. This paper aims to fill this gap and engender further understanding of the teleological method. I first contrast the teleological method with more orthodox approaches in epistemology. I then draw a three-way taxonomy of different kinds of teleological approach and provide an example of each kind. The teleological approach is often presented as antithetical to the more orthodox approaches in epistemology, and so in competition with them. I demur. I argue that the methods can be fruitfully combined in epistemological theorising; in the final section I suggest specific ways the teleological approach can be incorporated alongside more orthodox methods in a general methodological reflective equilibrium. (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)

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)

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 study investigates how students’ national identity affects their historical understanding by mediating their use of affective historical empathy. The research focuses on the case of “comfort women” (women forced into sexual slavery for Japanese soldiers during WWII) in South Korea—a topic in which a strong nationalist narrative dominates social and educational discourses. I conducted semi-structured, task-based group interviews with 16 high school students in South Korea. In interviews, students’ national identity mediated how they utilized four types of affective historical (...) empathy: Students as ethnic Koreans cared more about “our” Korean comfort women over others; cared that Korean comfort women and others suffered from what “we” and “they” did as nations; cared for those women's voices from a humanitarian perspective beyond their ethnic and national boundaries; and cared to make social changes for those women and themselves as future citizens of their democratic nation. These findings help us understand how students’ emotional attachment to “our” nation and its members can mediate their historical understanding through affective historical empathy as well as how affective historical empathy can motivate students to move beyond purely nationalistic concerns. This case study also stimulates reflection on historical empathy's implications for students’ democratic civic participation. (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)