The use of artificial intelligence (AI) to aid legal decision making has become prominent. This paper investigates the use of AI in a critical issue in employment law, the determination of a worker’s status—employee vs. independent contractor—in two common law countries (the U.S. and Canada). This legal question has been a contentious labor issue insofar as independent contractors are not eligible for the same benefits as employees. It has become an important societal issue due to the ubiquity of the gig (...) economy and the recent disruptions in employment arrangements. To address this problem, we collected, annotated, and structured the data for all Canadian and Californian court cases related to this legal question between 2002 and 2021, resulting in 538 Canadian cases and 217 U.S. cases. In contrast to legal literature focusing on complex and correlated characteristics of the employment relationship, our statistical analyses of the data show very strong correlations between the worker’s status and a small subset of quantifiable characteristics of the employment relationship. In fact, despite the variety of situations in the case law, we show that simple, off-the-shelf AI models classify the cases with an out-of-sample accuracy of more than 90%. Interestingly, the analysis of misclassified cases reveals consistent misclassification patterns by most algorithms. Legal analyses of these cases led us to identify how equity is ensured by judges in ambiguous situations. Finally, our findings have practical implications for access to legal advice and justice. We deployed our AI model via the open-access platform, https://MyOpenCourt.org/, to help users answer employment legal questions. This platform has already assisted many Canadian users, and we hope it will help democratize access to legal advice to large crowds. (shrink)

Liberalism without Perfection offers an introduction to the debate between liberal perfectionism and political liberalism. This book is a new account and defence of Rawlsian political liberalism, one of the most discussed, but widely misunderstood and criticized theories in contemporary political theory.

I argue that there can be no such thing as a borderline case of the predicate ‘phenomenally conscious’: for any given creature at any given time, it cannot be vague whether that creature is phenomenally conscious at that time. I first defend the Positive Characterization Thesis, which says that for any borderline case of any predicate there is a positive characterization of that case that can show any sufficiently competent speaker what makes it a borderline case. I then appeal to (...) the familiar claim that zombies are conceivable, and I argue that this claim entails that there can be no positive characterizations of borderline cases of ‘phenomenally conscious’. By the Positive Characterization Thesis, it follows that ‘phenomenally conscious’ can not have any borderline cases. (shrink)

We review the state of the art in moral psychology to answer 6 questions: 1) Where do moral beliefs and motivations come from? 2) How does moral judgment work? 3) What is the evidence for the social intuitionist model? 4) What exactly are the moral intuitions? 5) How does morality develop? And 6) Why do people vary in their morality? We describe the intuitionist approach to moral psychology. The mind makes rapid affective evaluations of everything it encounters, and these evaluations (...) (intuitions) shape and push subsequent moral reasoning. This approach to moral judgment has a variety of implications for moral philosophy and for the law in that it questions common assumptions about the reliability and causal efficacy of private, conscious reasoning. (shrink)

This article examines the philosophical methodology of intuitions beginning with an argument developed by Max Deutsch and Herman Cappelen over the descriptive adequacy of what Cappelen calls “methodological rationalism”, and their own preferred view, “intuition nihilism”. Based on inadequacies in both accounts, it offers a descriptive take on intuition-deploying philosophical practice today via what it calls “Protean Crypto-Rationalism”. It then describes the epistemic profile of the appeal to intuition, listing four key aspects of the basic shape of intuition-deploying philosophical practice: (...) primacy of cases, flexibility of report format, freedom of stipulation, and interpretation-hungry. It also considers several sources of error for intuitions featured in at least the informal methodological lore of philosophy, namely: misconstruals, modal confusions, pragmatics/semantics confusion, and “tin ear”. Finally, it explores the problem of methodological ignorance and inferential demand, particularly the typical practices of philosophical inference that operate on the premises delivered by appeal to intuitions. (shrink)

This interdisciplinary work is a collection of major essays on reasoning: deductive, inductive, abductive, belief revision, defeasible, cross cultural, conversational, and argumentative. They are each oriented toward contemporary empirical studies. The book focuses on foundational issues, including paradoxes, fallacies, and debates about the nature of rationality, the traditional modes of reasoning, as well as counterfactual and causal reasoning. It also includes chapters on the interface between reasoning and other forms of thought. In general, this last set of essays represents growth (...) points in reasoning research, drawing connections to pragmatics, cross-cultural studies, emotion and evolution. (shrink)

According to the parent analogy, as a caretaker’s goodness, ability and intelligence increase, the likelihood that the caretaker will make arrangements for the attainment of future goods that are unnoticed or underappreciated by their dependents also increases. Consequently, if this analogy accurately represents our relationship to God, then we should expect to find many instances of inscrutable evil in the world. This argument in support of skeptical theism has recently been criticized by Dougherty. I argue that Dougherty’s argument is incomplete, (...) for there are two plausible ways of construing the parent analogy’s conclusion. I supplement Dougherty’s case by offering a new argument against the parent analogy based on failed expectations concerning the amount of inscrutable evils encountered in the world. Consequently, there remains a significant empirical hurdle for skeptical theism to overcome if it is to maintain its status as a defeater for our reliability when tracking gratuitous evils. (shrink)

Questions of individuality are traditionally predicated upon recognizing discrete entities whose behavior can be measured and whose value and agency can be meaningfully ascribed. We consider a series of challenges to the metaphysical concept of individuality as the ground of the self. We argue that an ecological conception of individuality renders ascriptions of autonomy to selves highly improbable. We find conceptual resources in the work of environmental philosopher Arne Naess, whose distinction between shallow and deep responses helps us rethink the (...) notion of individuality and, thus, assess whether the conceptual and normative coherence of human autonomy could, at least partially, be salvaged. (shrink)

Many theories of moral status that are intended to ground pro-choice views on abortion tie full moral status to advanced cognitive capabilities. Extant accounts of this kind are inconsistent with the intuition that the profoundly cognitively disabled have full moral status. This paper improves upon these extant accounts by combining an anti-luck condition with Steinbock’s stratification of moral status into two levels. On the resulting view, a being has full moral status if and only if she has moral status and (...) has had advanced cognitive capacities, has the potential to develop such capacities, or would have had such capacities were it not for luck. I argue that modal accounts of luck provide a non-speciesist basis for attributing the lack of advanced cognitive capacities in humans to luck without doing the same for non-human animals. (shrink)

This volume is built on the papers given at the 1998" Ratio" conference on normativity.

This book is a philosophical analysis of the development and production of the anti-diphtheria serum in France from 1894 to 1900. Jonathan Simon's unique approach considers serum, a medicinal drug, as a technological object and analyzes its insertion into the therapeutic environment of diphtheria.

This paper offers a distinctively egalitarian defence of religious accommodation in contrast to the rights-based approaches of contemporary legal thinking. It argues that we can employ the Rawlsian idea of a fair framework of co-operation to model the way that accommodation claimants reason with others (such as their employers) when they wish to be released from generally applicable rules. While participants in social institutions have ‘framework obligations’ to adhere to the rules those institutions involve, they also have ‘democratic obligations’ to (...) re-consider and on occasion revise those rules which set back participants basic interest, including individuals’ interest in manifesting their religion or belief. A number of objections to accommodation are considered, and it’s argued that the personal responsibility objection is most serious. It’s argued that responsibility can be interpreted through the notion of identification which in turn can be conceptualised through the ideal of integrity, and that the value of integrity in fact counts in favour of accommodation claims. The paper also offers replies to other objections to religious accommodation including the problem of proliferation, the problem of illiberal beliefs and the rewarding the doctrinaire objection. (shrink)

A major work in moral philosophy by the noted Puritan divine.

In “A Conceptual Model for the Translation of Bioethics Research and Scholarship,” Debra Mathews et al. aim to “begin an important discussion” about how to measure success in bioethics, and in doing so they set out a typology of bioethics research and scholarship with the arguably correct assumption that we cannot evaluate success in bioethics without first understanding what its goals are. I think the authors are correct in their claim that, in the current academic climate, having work in bioethics (...) deemed a success is likely to hinge, in some way, on its being translated into practice and having impact. I want, however, to add a critical voice in the form of three considerations that I feel ought to be attended to before the work progresses further, the first being that the typology Mathews et al. propose is highly problematic. Although there is a burgeoning literature on “empirical bioethics” methodologies that blend empirical and conceptual work, the typology appears to ignore this. (shrink)

A series of studies investigated the capacity of children between the ages of 7 and 12 to give free and informed consent to participation in psychological research. Children were reasonably accurate in describing the purpose of studies, but many did not understand the possible benefits or especially the possible risks of participating. In several studies children's consent was not affected by the knowledge that their parents had given their permission or by the parents saying that they would not be upset (...) if the children refused. In contrast, other studies found that children were much more likely to stop their participation if the experimenter said explicitly that she would not be upset if they stopped. We suggest that experimenters should pay more attention to describing the possible risks and benefits of participation in research, and that they should also make it clearer to children that they are free to stop once they have begun. (shrink)

Kant seems to have been the first to notice that there is something peculiar about the difference between right and left, but he failed to say exactly what the peculiarity is. His clearest account of the matter is in his inaugural lecture (see Bibliography at the end of the paper): We cannot describe [in general terms] the distinction in a given space between things which lie towards one quarter, and things which are turned towards the opposite quarter. Thus if we (...) take solids which are completely equal and similar but incongruent, such as the right and left hands . . . . although in every respect which admits of being stated in terms intelligible to the mind through a verbal description they can be substituted for one another, there is yet a diversity which makes it impossible for their boundaries to coincide. (shrink)

One of the characteristic features of Sartre’s philosophical writing, especially in Being and Nothingness, is his use of extended narrative vignettes that immediately resound with the reader’s own experience yet are intended to illustrate, perhaps also to support, complex and controversial claims about the structures of conscious experience and the shape of the human condition. Among the best known are his description of Parisian café waiters, who somehow contrive to caricature themselves, and his analysis of feeling shame upon being caught (...) spying through a keyhole. Commentators disgaree over what these two examples are intended to convey and how they relate to one another. My aim here is to defend and enrich the interpretation of these vignettes and their associated theories that I offer in my book, The Existentialism of Jean-Paul Sartre. On this reading, the waiter should be understood, as he usually is, as as an example of bad faith, but this discussion of bad faith is much more significant than has generally been recognised. We should read the later discussion of shame and interpersonal relations within this framework of bad faith. Sartre describes two aspects of shame: the revelation of the existence of what Sartre calls ‘the Other’, a perspective on the world other than my own; and the ascription to another person of a particular kind of attitude towards me. This second aspect presupposes the first, but is not essential to shame. It is simply the way we experience other people within the project of bad faith. (shrink)

Post-structuralist Geography is a highly accessible introduction to post-structuralist theory that critically assesses how post-structuralism can be used to study space and place. The text comprises: - a thorough appraisal of the work of key post-structuralist thinkers, including Gilles Deleuze, Michel Foucault, and Bruno Latour - case studies to elucidate, illustrate, and apply the theory - boxed summaries of complex arguments which - with the engaging writing style - provide a clear overview of post-structuralist approaches to the study of space (...) and place. Comprehensive and comprehensible - communicating a new and exciting agenda for human geography - Post-structuralist Geography is the students’ essential guide to the theoretical literature. (shrink)

Charity and its fruits -- Dissertation I, Concerning the end for which God created the world -- Dissertation II, The nature of true virtue.

In this paper we investigate the use of machine learning techniques to classify a wide range of non-sentential utterance types in dialogue, a necessary first step in the interpretation of such fragments. We train different learners on a set of contextual features that can be extracted from PoS information. Our results achieve an 87% weighted f-score—a 25% improvement over a simple rule-based algorithm baseline.

At the age of 15 I began calling myself an atheist. It was bad timing because the next year, in English class, I read Waiting for Godot and plunged into a philosophical depression. This was not a clinical depression with thoughts of personal worthlessness and a yearning for death. It was, rather, the kind of funk that Woody Allen’s characters were so prone to in his early movies. For example, in Annie Hall, a flashback shows us a nine-year-old Allen-esque boy (...) being asked by a doctor why he is depressed. The boy’s response is that he had recently learned that the universe will expand forever and someday break apart. He saw no further point in doing homework, despite his mother’s protestations that Brooklyn was not expanding. After reading Godot, I felt the same way. If there was no God then my life, and all life, suddenly seemed to be as pointless as the lives of Vladimir and Estragon. Here, for example, is the quote I chose later that year to place under my picture in my high school yearbook: “Whosoever shall not fall by the sword or by famine, shall fall by pestilence, so why bother shaving?” The quote is from Woody Allen[1]. The next year I went to college. I was committed to figuring out the meaning of life and I thought that studying philosophy would help. I was disappointed. Philosophy addressed many fundamental questions of being and knowing, but the question “What is the meaning of life?” never came up. I assumed it was a badly formed question, and I moved on. I went to graduate school in psychology. If only I had been able to read Susan Wolf back then! She clarifies the question so elegantly, and she points to the means by which each of us can answer it for ourselves: go find something to love, something worthy of love, that you can link to and engage with in the right sort of way. It took me a while to do that, but I eventually did, as so many of us have, both by committing to people and by committing to my work. My remaining comments flow from that work, which ended up bringing me, by a roundabout route, back to the question of the meaning of life.. (shrink)

Causal powers, say, an electron’s power to repel other electrons, are had in virtue of having properties. Electrons repel other electrons because they are negatively charged. One’s views about causal powers are shaped by—and shape—one’s views concerning properties, causation, laws of nature and modality. It is no surprise, then, that views about the nature of causal powers are generally embedded into larger, more systematic, metaphysical pictures of the world. This dissertation is an exploration of three systematic metaphysics, Neo-Humeanism, Nomicism and (...) Neo-Aristotelianism. I raise problems for the first two and defend the third. A defense of a systematic metaphysics, I take it, involves appealing to pre-theoretical commitments or intuitions, and theoretical issues such as simplicity or explanatory power. While I think that Neo-Aristotelianism is the most intuitive of the available general metaphysical pictures of the world, these kinds of intuitions do not settle the matter. The most widely held of the alternative pictures, Neo-Humeanism, is accepted in great part because of its theoretical power. In contrast, a systematic Neo-Aristotelian metaphysic is, at best, nascent. The way forward for the Neo-Aristotelian, therefore, is a contribution to an ongoing research program, generating Neo-Aristotelian views of modality, causation and laws of nature from the Neo-Aristotelian understanding of causal powers. The central argument of this dissertation is that such views are defensible, and so the Neo-Aristotelian metaphysic ought to be accepted. (shrink)

The spider papers.--Natural philosophy.--The mind.--Short scientific and philosophical papers.

First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.