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)

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.

_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 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.

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)

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.

This volume brings together papers by some of the leading figures working on virtue-theoretic accounts in both ethics and epistemology. A collection of cutting edge articles by leading figures in the field of virtue theory including Guy Axtell, Julia Driver, Antony Duff and Miranda Fricker. The first book to combine papers on both virtue ethics and virtue epistemology. Deals with key topics in recent epistemological and ethical debate.

Emotions are important for virtue, both moral and intellectual. This chapter aims to explain the significance of emotion for intellectual virtue along two dimensions. The first claim is that epistemic emotions can motivate intellectual inquiry, and thereby constitute ways of 'being for' intellectual goods. As a result, such emotions can constitute the motivational components of intellectual virtue. The second claim is that other emotions, rather than motivating intellectual inquiry and questioning, instead play a vital role in the regulation and control (...) of intellectual activities. Emotions are usually characterized, in philosophy and psychology, as having a number of components or elements. Thus emotions are held to involve elements of perception, appraisal, feeling, attention, valence, facial expression, and motivation. (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)

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)

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.

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.

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.

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)

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)

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- List of Contributors -- Preface -- Foreword -- Introduction -- Chapter 1 Alternate Possibilities and Moral Responsibility -- Chapter 2 Responsibility and Alternative Possibilities -- Chapter 3 Blameworthiness and Frankfurt's Argument Against the Principle of Alternative Possibilities -- Chapter 4 In Defense of the Principle of Alternative Possibilities: Why I Don't Find Frankfurt's Argument Convincing -- Chapter 5 Responsibility, Indeterminism and Frankfurt-style Cases: A Reply to (...) Mele and Robb -- Chapter 6 Classical Compatibilism: Not Dead Yet -- Chapter 7 Bbs, Magnets and Seesaws: The Metaphysics of Frankfurt-style Cases -- Chapter 8 Moral Responsibility without Alternative Possibilities -- Chapter 9 Freedom, Foreknowledge and Frankfurt -- Chapter 10 Source Incompatibilism and Alternative Possibilities -- Chapter 11 Robustness, Control, and the Demand for Morally Significant Alternatives: Frankfurt Examples with Oodles and Oodles of Alternatives -- Chapter 12 Alternate Possibilities and Reid's Theory of Agent-causation -- Chapter 13 Responsibility and Agent-causation -- Chapter 14 Soft Libertarianism and Flickers of Freedom -- Chapter 15 'Ought' Implies 'Can', Blameworthiness, and the Principle of Alternate Possibilities -- Chapter 16 The Moral Significance of Alternate Possibilities -- Chapter 17 The Selling of Joseph - A Frankfurtian Interpretation -- Chapter 18 Some Thoughts Concerning PAP -- Bibliography -- Index. (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)

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)

Advaita Vedānta is one of the best-known schools of Indian philosophy, but much of its history-a history closely interwoven with that of medieval and modern Hinduism-remains surprisingly unexplored. This book focuses on a single remarkable work and its place within that history: The Ocean of Inquiry, a vernacular compendium of Advaita Vedānta by the North Indian monk Niścaldās (ca. 1791 - 1863). Though not well known today, Niścaldās's work was once referred to by Vivekananda (himself a key figure in the (...) shaping of modern Hinduism) as the most influential book in India. The present book situates The Ocean of Inquiry as a representative of both a neglected genre (vernacular Vedānta) and a neglected period (ca. 17th-19th centuries) in the history of Indian philosophy. It argues that the rise of Advaita Vedānta to a position of prestige began well before the period of British rule in India, and that vernacular texts like The Ocean of Inquiry played an important role in popularizing Vedāntic teachings. It also offers a new appraisal of the period of late Advaita Vedānta, arguing that it should not be seen as one of barren scholasticism. For thinkers like Niścaldās, intellectual "inquiry" (vicāra) was not an academic exercise but a spiritual practice-indeed, it was the central practice on the path to liberation. The book concludes by arguing that without understanding both vernacular Vedānta and the scholasticism of the period, one cannot fully understand the emergence of modern Hinduism. (shrink)

In Consciousness and the Social Brain, Princeton neuroscientist Michael Graziano lays out an audacious new theory to account for the deepest mystery of them all.

The third edition of a work that defines the field of cognitive neuroscience, with extensive new material including new chapters and new contributors.

This article surveys recent work on Vedānta, focusing on English-language secondary scholarship since the year 2000. The article consists of two parts. The first part (published here) identifies trends within recent scholarship, highlighting several promising areas of new research: the social history of Vedānta, Vedānta in the early modern period, vernacular Vedānta, Persian Vedānta, colonial and post-colonial Vedānta, and pedagogy and practice. It also covers edited volumes, special journal issues, and ongoing collaborative research projects. The second part (published separately) provides (...) an overview of scholarship on specific schools of Vedānta (Advaita, Viśiṣṭādvaita, Dvaita, etc.), as well as a survey of philosophical, theological, and comparative studies. The article concludes with suggestions for further research. (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)