This article explores the relationships between legal proof and fundamental epistemic concepts such as knowledge and justification. A survey of the legal literature reveals a confusing array of seemingly inconsistent proposals and presuppositions regarding these relationships. This article makes two contributions. First, it reconciles a number of apparent inconsistencies and tensions in accounts of the epistemology of legal proof. Second, it argues that there is a deeper connection between knowledge and legal proof than is typically argued for or presupposed in (...) the legal literature. This connection is illustrated through a discussion of the Gettier problem in epistemology. It is argued that the gap or disconnect between truth and justification that undermines knowledge in Gettier cases also potentially undermines the success of legal verdicts. (shrink)

This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.

_From the president of Wesleyan University, a compassionate and provocative manifesto on the crises confronting higher education_ In this bracing book, Michael S. Roth stakes out a pragmatist path through the thicket of issues facing colleges today to carry out the mission of higher education. With great empathy, candor, subtlety, and insight, Roth offers a sane approach to the noisy debates surrounding affirmative action, political correctness, and free speech, urging us to envision college as a space in which students (...) are empowered to engage with criticism and with a variety of ideas. Countering the increasing cynical dismissal—from both liberals and conservatives—of the traditional core values of higher education, this book champions the merits of different diversities, including intellectual diversity, with a timely call for universities to embrace boldness, rigor, and practical idealism. (shrink)

This book is a sophisticated, detailed, and original examination of the main ideas that have dominated Anglo-American legal philosophy since the Second World War. The author probes such themes as: whether there can be right answers to all disputed law cases; how laws and other rules impact on the practical rationality of actors subject to their authority; whether general principles justifying the law must themselves be thought of as part of the law binding on legal actors; and the possibility of (...) an interpretivist jurisprudence that is continuous with law practice in a given culture. (shrink)

ABSTRACTThis article defends the importance of epistemic safety for legal evidence. Drawing on discussions of sensitivity and safety in epistemology, the article explores how similar considerations apply to legal proof. In the legal context, sensitivity concerns whether a factual finding would be made if it were false, and safety concerns how easily a factual finding could be false. The article critiques recent claims about the importance of sensitivity for the law of evidence. In particular, this critique argues that sensitivity does (...) not have much of an effect on the value of legal evidence and that it fails to explain legal doctrine. By contrast, safety affects the quality of legal evidence, and safety better explains central features of the law of evidence, including probative value, admissibility rules, and standards of proof. (shrink)

Mechanical Choices details the intimate connection that exists between morality and law: the morality we use to blame others for their misdeeds and the criminal law that punishes them for these misdeeds. This book shows how both law and morality presuppose the accuracy of common sense, a centuries-old psychology that defines people as rational agents who make honorable choices and act for just reasons. It then shows how neuroscience is commonly taken to challenge these fundamental psychological assumptions.

Proposed lie-detection technology based on neuroscience poses significant challenges for the law. The law must respond to the science with an adequate understanding of such evidence, its significance, and its limitations. This paper makes three contributions toward those ends. First, it provides an account of the preliminary neuroscience research underlying this proposed evidence. Second, it discusses the nature and significance of such evidence, how such evidence would fit with legal practices and concepts, and its potential admissibility. Finally, it analyzes the (...) constitutional protections that may limit the compelled production of such evidence. (shrink)

Po svoji uèinkovitosti pri spodbujanju éustev glede pripadnosti oz. nepripadnosti je morda edino religija sposobna tekmovati z domoljubjem. Morda tudi samo religija lahko tekmuje z domoljubjem v svoji sposobnosti, da spodbuja in neguje pripadnost milijonov, da bi dosegla niz ciljev povezanih z zvestobo. Vendar paje, kotje opazil John Kleinig (2014: 5), 'domoljubna in verska zvestoba, kljub vsem svojim vznemirjujoèim lastnostim, pogosto pristranska, izkljuóujoéa in celo teroristiéna'. Ince se posamezniki nekritiéno identificirajo z narodom, njegovimi ideali, zgodovino, institucijami in voditelji, ima domoljub (...) nagnjenost delovati, braniti, napadati in celo imeti tujce za manjvredne. (shrink)

Mircea Eliade, the renowned scholar of Romanian origin, wrote that Lucian Blaga was the greatest Romanian philosopher of all time. Blaga was intensely interested in both culture and religion as areas of philosophical investigation. Blaga’s philosophy proposes a metaphysics that explains the origin of culture and its unrivaled significance to humanity. His philosophy also endeavors to explicate the relationship between culture and religion. Blaga finds that religion is a cultural product, but does not view this as a detriment to religion. (...) On the contrary, according to Blaga, it is the very fact that religion is an expression of cultural creativity that gives religion its beauty. This article will introduce Blaga’s philosophy of culture and his philosophy of religion, explain the relationship between them, and show that Blaga accorded high honor to both. (shrink)

A reconsideration of mill's theory of "higher pleasures," construed as a way of evaluating changes in preferences or character that result from changes in social environment. mill's account is criticized and partly reconstructed in light of modern preference theory, but viewed favorably as an illuminating attempt to address a fundamental problem in moral evaluation of social institutions. mill's advocacy of the higher pleasures is defended in particular against the charge that it is incompatible with his commitment to liberty.

From the concrete experience of war, Michael S. Yandell constructs a phenomenology of “negative revelation” in which false or distorted claims of goodness and justice disintegrate and become meaningless, adding depth to the term moral injury.

The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.

This article details how patent law works to create discrete, immutable biological ‘objects’. This socio-legal maneuver is necessary to distinguish these artifacts from the unwieldy realm of the natural world. The creation of ‘objects’ also serves the interests of capital, where a stable, unchanging, immutable object goes hand in hand with commodification. Yet this stabilization is incomplete. Pointing to a variety of different examples, this article illustrates how biotech patents do not speak to specific, immutable things. Biotech patents, rather, are (...) better understood as ontologically fluid, which is to say their identity cannot be ‘fixed’ — or, at least, not without undermining the very existence of today’s biotechnology regime. The article concludes by speaking briefly about how this mutability is perpetuating certain inequalities, particularly between holders of various property forms. (shrink)

The article explores the agreements and disagreements between the author and the authors of Responsible Brains on how neuroscience relates to moral responsibility. The agreements are fundamental: neuroscience is not the harbinger of revolutionary revision of our views of when persons are morally responsible for the harms that they cause. The disagreements are in the details of what is needed for neuroscience to be the helper of the moral sciences.

For some time now I have been puzzling over what we really have in mind when we say that the schools should be doing a better job of helping students develop their critical thinking abilities. Although most educators agree that something should be done, there is no consensus on how to go about it. I suspect that this is partly because there is no consensus on what critical thinking is. I offer no definition. But I do have some reflections that, (...) I hope, will contribute to our understanding of critical thinking. (shrink)

The idea of reciprocity is regarded by many to be fundamental to morality. For example, it is a pivotal notion in moral traditions which accept some form of the Golden Rule, and it is reflected in those moral theories which are articulations of those traditions. It is central to many contemporary moral theories, such as John Rawls' widely acclaimed theory of justice as fairness. It plays a pivotal role in the theories of moral development fo Jean Piaget and Lawrence Kohlberg. (...) And it has loomed large in the speculations of those sociobiologists who have tried to find biological roots for morality. But one need not turn to such theories in order to see the centrality of the idea of reciprocity. It can readily be observed in conversations among children. However, as will be seen in the following discussion, reciprocity might be understood, generally, as "returning in kind." But this could include things as various as paying a debt, returning a favor, getting even, or teaching someone a lesson. (shrink)

This chapter focuses on the positive epistemic value that individual and group emotion can have. It explains how group emotion can help to bring about the highest epistemic good, namely group understanding. It is argues that this group good would be difficult to achieve, in very many cases, in the absence of group emotion. Even if group emotion sometimes—indeed often—leads us astray, we would be worse off, from the standpoint of achieving the highest epistemic good, without it. The chapter illustrates (...) the connection between group emotion and group understanding by focusing on the phenomenon of public inquiries. (shrink)

The traditional desire view of painfulness maintains that pain sensations are painful because the subject desires that they not be occurring. A significant criticism of this view is that it apparently succumbs to a version of the Euthyphro Dilemma: the desire view, it is argued, is committed to an implausible answer to the question of why pain sensations are painful. In this paper, I explain and defend a new desire view, and one which can avoid the Euthyphro Dilemma. This new (...) view maintains that painfulness is a property, not of pain sensations, but of a pain experience, understood as a relational state constituted by a pain sensation and a desire that the sensation not be occurring. (shrink)

Psychology is dead. The self is a fiction invented by the brain. Brain plasticity isn?t all it?s cracked up to be. Our conscious learning is an observation post factum, a recollection of something already accomplished by the brain. We don?t learn to speak; speech is generated when the brain is ready to say something. False memories are more prevalent than one might think, and they aren?t all that bad. We think we?re in charge of our lives, but actually we are (...) not. On top of all this, the common belief that reading to a young child will make her brain more attuned to reading is simply untrue. (shrink)

Abstract Agent-based virtue ethics is a unitary normative theory according to which the moral status of actions is entirely dependent upon the moral status of an agent's motives and character traits. One of the problems any such approach faces is to capture the common-sense distinction between an agent's doing the right thing, and her doing it for the right (or wrong) reason. In this paper I argue that agent-based virtue ethics ultimately fails to capture this kind of fine-grained distinction, and (...) to this extent ought to be rejected. I focus first on Michael Slote's agent-based theory, according to which the moral status of actions depends upon an agent's actual motives, and argue that this leads to a paradox. I then consider whether the ?counterfactual? version of agent-basing favoured by Rosalind Hursthouse and Linda Zagzebski fares any better, and conclude that it does not. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Response to My ReadersMichael S. Hogue (bio)I. IntroductionI often begin writing for personal reasons: to slow my thinking, clarify and organize my thoughts, trace ideas, and sort concepts. Generally, a concern for something I consider wrong about the world motivates me to write. Provoked by such a concern, I write to understand why and how what is wrong came to be that way and why and how I (...) think it can or should be different. I write in reply to H. Richard Niebuhr's moral hermeneutic question, "What's going on?" And yet, while writing typically begins (for me) as a personal search for understanding, this search eventually leads me to (re) discover my formative communities of inquiry and interpretation. None of my questions or ideas, none of my orienting values, none of my interpretive impulses are mine alone. They do not, and cannot, exist independently of others' questions, ideas, values, and interpretations. To use Peirce's metaphor, they are slender fibers braided into a larger cable rather than independent links in a chain. The issues and questions that motivate my research; the topics I care about enough to develop into articles and books; the conceptual, critical, and normative vocabularies I bring to my research and writing; the intellectual traditions that shape the patterns of my thinking—none of these are strictly personal or individual. They have taken root and grown in me as I've learned with and from others. Writing reminds me that, as a person, I am a creature of relational processes because it shows me that my mind is not (exclusively) my own—what and how I think have been formed, animated, and limited by my experience with others in a larger world of experience that is broader and deeper than any individual mind.I open this brief essay with this comment to acknowledge my gratitude and indebtedness not only to the authors of the articles in this special issue (Walter Gulick, Robert Smid, John Teehan, and AJ Turner) but also to the larger community of scholars that comprise the readership of the American Journal of Theology and Philosophy (AJTP) and the Institute for American Religious and Philosophical Thought (IARPT). I attended my first IARPT (HIARPT, at the time) conference about seventeen years ago, soon after completing my Ph.D. I didn't know anyone personally then, but I knew several folks as authors of articles and books I had read in recent years. I discovered IARPT through the bibliography of Victor Anderson's book, Pragmatic Theology: Negotiating [End Page 80] the Intersections of an American Philosophy of Religion and Public Theology. I resonated with Anderson's articulation of a socially engaged public theology that drew from American pragmatist, historicist, and naturalist philosophies of religion. His mind had been where mine was going, into the dissenting tradition of American immanence, or the left wing of American radical theology, as I refer to it.While reading Anderson's book, I learned that many of the authors in his bibliography met every summer as a (relatively?) organized group of like-minded scholars. I joined them the next chance I had. And as things go with this group, I was immediately recruited to serve as the book review editor for the AJTP! Since that first meeting, I've attended as many IARPT meetings as my schedule allows, organized one of the summer conferences, served as AJTP book review editor for several years, and then served for several more years as the AJTP editor (following Michael Raposa's illustrious term!). Most recently, I was honored when Andrew Irvine and Austin Roberts made American Immanence a focus of the 2021 IARPT conference, "Political Thought and the Powers of Democracy: American Thought in the Anthropocene." Gulick's, Smid's, Teehan's, and Turner's articles began as papers for that conference.All this is to say what I have heard many others say through the years: the IARPT/AJTP community of interpretation has become a primary intellectual (and even spiritual) home for me. I am (and we are) fortunate to belong to a group of academic philosophers and theologians who collectively embody a rare (let us hope not... (shrink)