In lieu of an abstract, here is a brief excerpt of the content:Is Hume A "Classical Utilitarian"? The central notion of utilitarianism is that a right kind of action or a virtuous quality of character is one which in the long run promotes the welfare of society or, as it is frequently stated, which promotes the greatest happiness of the greatest number. But when we try to use the utilitarian concept as a guide for evaluating various possible ultimate distributions of (...) goods among the members of a society, we find there are alternative ways of making this goal more precise. I intend to review briefly five different ways in which the utilitarian goal can be stated more precisely. Then I will consider which one of these more precise formulations most accurately reflects what Hume 2 seems to have had in mind when he spoke of "public utility" or "the good of mankind" or "the true interests of mankind" (ICPM, p. 13) or "public interest and utility "(ICPM, p. 34). II The most effective way of illustrating the vagueness of such phrases as "the welfare of society" or "the greatest happiness of the greatest number" is to consider which of various specific but simple distributions of goods would be preferred by a utilitarian. This technique also is helpful in displaying the differences among the various ways of stating the utilitarian goal in more precise terms. Let us suppose that there are units of "goodness" or "welfare" all 2. of which are equal to each other. These units of "goodness" or "welfare" can be taken from one individual and given to another. Furthermore, the number of such units is not fixed, nor is the number of individuals among whom the units of value will be distributed. The distribution of goods among individuals is to be considered in a completely abstract way so that no individuals are to be more deserving then any others. In fact, from a utilitarian point of view, various actions and qualities of character are to be evaluated in terms of whether in the long run they hinder or promote the ideal distribution of goods being considered. To illustrate this technique, let us examine two conceivable distributions of goods. Individual Scheme I Scheme II A 5 10 B 5 3 C 5 3 In Scheme I there are fifteen units of goodness divided evenly among the three individuals A, B, and C. In Scheme II there are sixteen units of goodness distributed in such a way that A has twice as many units as he had in Scheme I while B and C have only three units each. Given that the utilitarian wants to promote the greatest happiness of the greatest number, which Scheme would he choose to promote, 4 Scheme I or Scheme II? One variety of utilitarianism, the first of five to be distinguished, opts for Scheme II on grounds that the total number of units of welfare is greater (16 to only 15 for Scheme I). The emphasis here is on the first half of the utilitarian formula of "the greatest happiness for the greatest number" ; the aim is to increase the total amount of happiness. This view is usually called "classical utilitarianism " on grounds that it supposedly was the view championed by the classical utilitarians (Shaftesbury, Hutcheson, 5 Hume, Adam Smith, Bentham, J. S. Mill, and Sidgwick). A second variety of utilitarianism would opt for Scheme 3. I in the comparison given above on grounds that two individuals (B and C) would be better off with Scheme I while only one individual (A) would be better off with Scheme II. The emphasis here is on the second half of the utilitarian formula ; the aim is to increase the number of individuals who are better off. This view can be called "self-interest-vote utilitarianism" on grounds that the preferred scheme is the one which gets the most votes when each person votes in terms of his own self-interest. (Note that this interpretation of utilitarianism can be used only when the Schemes being compared have the same number of persons sharing the goods. ) A third variety of utilitarianism is that which declares the goal to be maximizing the average units of welfare available per person. As long... (shrink)

R M HARE HAS CLAIMED THAT ALL NATURALISTIC ETHICAL\nTHEORIES ARE INCORRECT BECAUSE THEY FAIL TO TAKE ACCOUNT OF\nTHE COMMENDING FUNCTION OF ETHICAL TERMS. BUT HARE ASSUMES\nTHE POINT AT ISSUE BY SUPPOSING THAT NO DEFINING\nCHARACTERISTICS COULD THEMSELVES BE TAKEN AS COMMENDATORY.\nIF 'X IS GOOD' IS TAKEN TO MEAN 'AN INFORMED,\nDISINTERESTED, RATIONAL, NORMAL HUMAN SPECTATOR WOULD\nAPPROVE OF X', THEN THE DEFINIENS WOULD BE JUST AS\nCOMMENDATORY AS THE DEFINIENDUM.

The idea that cognition makes use of one or more “languages of thought” remains central to much cognitive-scientific and philosophical theorizing. And yet, virtually no attention has been paid to the question of how a language of thought might evolve in the first place. In this article, I take some steps towards addressing this issue. With the aid of the so-called Sender–Receiver framework, I elucidate a family of distinctions and processes which enable us to see how languages of thought might (...) evolve via a series of small, incremental changes. While much work doubtlessly remains to be done in this area, I hope to at least show that there need be nothing mysterious about the existence of languages of thought on evolutionary grounds. (shrink)

A vast literature has developed probing the law's aversion to statistical/probability evidence in general and its rejection of naked statistical evidence in particular. This literature rests on false premises. At least so far as US law is concerned, there is no general aversion to statistical forms of proof and even naked statistics are admissible and sufficient for a verdict when the evidentiary proffer meets the normal standards of admissibility, the most important of which is reliability. The belief to the contrary (...) rests upon a series of mistakes: most importantly, mismodeling of the structure of legal systems and the nature of common law decision making. Contributing to these mistakes is the common methodology in this literature of relying on weird hypotheticals that mismodel the underlying legal relations and contain impossible epistemological demands. Collectively, these phenomena have distracted attention from issues that actually affect real legal systems. (shrink)

Legal scholarship exploring the nature of evidence and the process of juridical proof has had a complex relationship with formal modeling. As evident in so many fields of knowledge, algorithmic approaches to evidence have the theoretical potential to increase the accuracy of fact finding, a tremendously important goal of the legal system. The hope that knowledge could be formalized within the evidentiary realm generated a spate of articles attempting to put probability theory to this purpose. This literature was both insightful (...) and frustrating. Much light was shed on the legal system, but it also quickly became evident that the tools of probability theory were in many ways ill-constructed for the task. Fundamental incompatibilities between the structure of legal decision making and the extant formal tools were identified, and it became evident that many of the purported explanations of legal phenomena were internally inconsistent. As a consequence, interest in this type of formal modeling declined, and attention was directed toward different kinds of explanations of the phenomena. Perhaps under the influence of a recent trend toward various types of formal modeling in legal scholarship, a recent burst of articles, rather than attempting to explain the macro structure of trials, which was the previous object of interest, attempts to quantify the probative value of various items of evidence in ways consistent with the formal features of various probability theories, and then to study decision making from that perspective. For example, the value of evidence is often purported to be its likelihood ratio, that is, the probability of discovering or receiving the evidence given a hypothesis (e.g., the defendant did it) divided by the probability of discovering or receiving the evidence given the negation of the hypothesis (the defendant didn't do it). Alternatively, the value of evidence is purported (more contextually) to be the information gain it provides, defined as the increase in probability it provides for a hypothesis above the probability of the hypothesis based on the other available evidence. Both conceptions then assume that all of the various probability assessments conform or ought to conform to the dictates of Bayes' theorem (that maintains consistency among such assessments); empirical studies are then done testing the extent to which this is so and proposing how the law can increase the probability that it is so. The general criticisms of using Bayes' theorem as a formal model of juridical proof are well known and were integral to the last wave of interest in formal modeling of the evidentiary process. This paper thus for the most part puts aside that more general issue, and focuses specifically on mathematical modeling of the value of particular items of evidence. The paper demonstrates that formal modeling has only limited value in explaining the value of legal evidence, much more limited than those constructing and discussing the models assume, and thus that the conclusions they draw about the value of evidence are unwarranted. This is done through a discussion of four recent examples that attempt to quantify evidence relating to, respectively, carpet fibers, infidelity, DNA random-match evidence, and character evidence used to impeach a witness. This article thus makes two contributions. First, and most importantly, it is another demonstration of the complex relationship between algorithmic tools and legal decision making. Second, at a minimum it points out serious pitfalls for analytical or empirical studies of juridical proof. (shrink)

Talk of a “genetic program” has become almost as common in cell and evolutionary biology as talk of “genetic information”. But what is a genetic program? I understand the claim that an organism’s genome contains a program to mean that its genes not only carry information about which proteins to make, but also about the conditions in which to make them. I argue that the program description, while accurate in some respects, is ultimately misleading and should be abandoned. After that, (...) I sketch an alternative framework which is better suited to capturing the full informational nature of genes. This framework is centered on the notion of a signaling game, as originally developed by David Lewis, but expanded upon considerably by Brian Skyrms in more recent years. On the view I develop, genes turn out to be the producers and consumers of regulatory or developmental information, rather than entities encoding such information. This finding has consequences that link up with a broader debate in the philosophy of biology concerning inheritance systems. I take this to be one form of theoretical payoff that results from applying the signaling games framework to genes. (shrink)

The arbitrariness of a signal has long been seen as a theoretically important but difficult to pin down notion. In this article, we suggest there are at least two different notions of arbitrariness at play in philosophical and scientific debates concerning the use of arbitrary signals, and work towards improved analyses of both. We then consider how these different types of arbitrariness can co-occur and come apart. Finally, we examine the connections between these two types of arbitrariness and the cognitive (...) complexity of signal users with an eye towards better evaluating one possible form of human-nonhuman communicative continuity. We show that each type of arbitrariness bears its own nuanced relationship to cognitive complexity, demonstrating the theoretical importance of keeping these two notions separate. (shrink)

While ethicists have directed much attention to controversial biomedical issues--including euthanasia, abortion, and genetic engineering--they have largely ignored the less obvious, but more pervasive, everyday ethical problems faced by family physicians. Ethical Issues in Family Medicine addresses these problems, offering an ethics that reflects the distinctive features of family practice, and helping family physicians to appreciate the extent to which ethical issues influence their practice.

Kinship plays a foundational role in organizing human social behavior on both local and more global scales. Hence, any adequate account of the evolution of human sociality must include an account of the evolution of human kinship. This article aims to make progress on the latter task by providing a few key pieces of an evolutionary model of kinship systems. The article is especially focused on the connection between primate social cognition and the origins of kinship systems. I argue that (...) early conceptions of kinship in our line were very likely scaffolded by preexisting forms of primate social cognition. It was only later, as linguistic resources increased in our line, and as human social life grew more complex, that these conceptions came to resemble kin categories as we now know them. I conclude by situating “kin cognition” within a broader cognitive science framework for studying capacities that reflect both innate knowledge and human cultural learning. (shrink)

Modeling work by Brian Skyrms and others in recent years has transformed the theoretical role of David Lewis's 1969 model of signaling. The latter can now be understood as a minimal model of communication in all its forms. In this article, we explain how the Lewis model has been generalized, and consider how it and its variants contribute to ongoing debates in several areas. Specifically, we consider connections between the models and four topics: The role of common interest in communication, (...) signaling within the organism, meaning, and the evolution of human communication and language. (shrink)

A number of language evolution researchers have argued that while language as we now know it is a predominately vocal affair, early language plausibly made extensive use of gesture. Relatedly, these same researchers often claim that while modern language in general uses arbitrary symbols, it is very likely that early language made extensive use of iconicity. Anyone accepting an account of early language along these lines must therefore explain how language shifted over time from a heavily gestural and iconic communication (...) system to a predominately vocal and highly arbitrary one. This article looks at an intriguing theory advanced by Woll as to how this shift was made. We find the spirit of the theory plausible but take issue with its details. Specifically, we identify a serious tension at the core of the theory. We then go on to explore how that tension might be plausibly resolved. The result is a blueprint for a much-improved version of the theory, in our view. (shrink)

Journal of Political Philosophy, EarlyView.

The probabilistic account of juridical proof meets insurmountable problems. A better explanation of juridical proof is that it is a form of inference to the best explanation that involves the comparative plausibility of the parties’ stories. In addition, discrete evidentiary matters such as relevance and probative value are also best understood as involving inference to the best explanation rather than being probabilistic.

This article addresses the question of whether early Pleistocene hominins are plausibly viewed as having possessed a protolanguage, that is, a communication system exemplifying some but not all of the distinctive features of fully modern human language. I argue that the answer is “yes,” mounting evidence from the early Pleistocene “lithics niche.” More specifically, I first describe a cognitive platform that I think would have been sufficient, given appropriate socio-ecological conditions, for the creation and retention of a protolanguage. Then, using (...) archaeological evidence pertaining to hominin lithic behavior from the early Pleistocene, I attempt to make plausible the idea that each of these cognitive abilities were in fact in place by this point in hominin evolutionary history and also that the requisite socio-ecological conditions were satisfied. (shrink)

Theorists of human evolution are interested in understanding major shifts in human behavioural capacities (e.g. the creation of a novel technological industry, such as the Acheulean). This task faces empirical challenges arising both from the complexity of these events and the time-depths involved. However, we also confront issues of a more philosophical nature, such as how to best think about causation and explanation. This article considers such fundamental questions from the perspective of a prominent theory of causation in the philosophy (...) of science literature, namely, the interventionist theory of causation. A signature feature of this framework is its recognition of a family of distinct types of causes. We set out several of these causal notions and show how they can contribute to explaining transitions in human behavioural complexity. We do so, first, in a preliminary way, and then in a more detailed way, taking the origins of behavioural modernity as our extended case study. We conclude by suggesting some ways in which the approach developed here might be elaborated and extended. (shrink)

This brief essay explores how understanding the treatment of expert evidence requires engaging with its legal and political contexts, and not just focusing on its epistemological aspects. Although the law of evidence and thus its treatment of experts is significantly informed by epistemological considerations, it is also informed by concerns over the organization of trials, larger issues of intelligent governance, social concerns, and enforcement issues. These five aspects to the law of evidence give rise to principles to guide the explicit (...) structuring of the law of evidence that are identified here as well. This complexity helps to explain why the central issue of expert testimony is not the epistemological one of knowledge and belief but instead the conflict between educational and deferential modes of trial. (shrink)

This introduction sets the stage for the Special Issue and the manuscripts that follow. Interest in work hours, work intensification and work addiction has grown over the past decade. Several factors have come together to increase hours spent at work, the nature of work itself, and motivations for working hard, particularly among managers and professionals. The introduction first reviews some of the known causes and consequences of long work hours and the intensification of work. A case is then made as (...) to why individuals, families, organizations and society should care about hours spent at work and work addiction. Individuals and organizations have some choice here. Most employees would in fact prefer to work fewer hours though few actually realize their preferences. This collection lays out these choices and hopefully encourages thought and discussion of their merits. Long work hours and work addiction harms individuals and their families and does not make organizations more effective. The introduction concludes with a brief summary of the diverse contributions of an international group of leading researchers in this area. (shrink)

Following a series of national protests in support of an increase in the federal minimum wage, many fast food workers faced retaliation by their employers when they returned to work; schedules were changed, wages and hours were reduced, and some employees were terminated. These retaliatory actions resulted in a number of complaints being filed with the National Labor Relations Board alleging violations of the National Labor Relations Act. Several of the complaints were found to have merit and, additionally, in several (...) instances both the immediate employer, the franchisee, and the corporate organization of which it was a part, the franchisor, were named as co‐defendants. This ruling—that franchisors like McDonald’s USA—could be held jointly responsible for the labor violations of independent franchisees reversed a long‐standing precedent, whereby franchisees were regarded as independent contractors solely responsible for day‐to‐day labor practices, including compliance with federal and state labor statutes. Critics of the ruling argue that it will open the door to unionization and may well spell the end of the service‐sponsor franchising format. Supporters of the NLRB argue that the ruling is just and reflects new “industrial realities” in retail labor markets. Further, a case can be made that the NLRB’s position represents a step in the direction of the restoration of more equitable balance of power between labor and management. (shrink)

The status of genes as bearers of semantic content remains very much in dispute among philosophers of biology. In a series of papers, Nicholas Shea has argued that his ‘infotel’ theory of semantics vindicates the claim that genes carry semantic content. On Shea’s account, each organism is associated with a ‘developmental system’ that takes genetic representations as inputs and produces whole-organism traits as outputs. Moreover, at least in his most recent work on the topic, Shea is explicit in claiming that (...) these genetic representations are ‘read in ontogenetic time, in the course of individual development’. Here I argue that a close examination of the process of reading, in Shea’s sense, reveals that acts of reading do not actually occur over the course of developmental time at all. To make this vivid, I contrast the process of reading for Shea with another type of developmental process that is widely seen as a form of reading directed on inherited genes, and which certainly does occur over the course of developmental time, namely, gene expression. I suggest that this error in Shea’s thinking can be traced back to an equivocation on Shea’s part in the meaning of ‘reads’, and also to a reliance on an invalid principle regarding the transference of representational content from one token gene to another. The issues at play are bound up with questions about causation and in particular about causation over time. Thus, having first presented my arguments in a way that doesn’t depend on any particular theory of causation, I then make use of Kenneth Waters’ framework of difference-making causation to conceptually sharpen and shed further light on matters. I conclude by discussing a consequence of the fact that acts of reading do not occur in development. 1 Introduction2 Reading for Shea3 Gene Expression as Reading4 Are Genetic Representations Read in Development? Part 15 The Manipulability Theory of Causation and Difference-Making Causation6 Are Genetic Representations Read in Development? Part 27 Conclusion. (shrink)

While the term “metacognition” is sometimes used to refer to any form of thinking about thinking, in cognitive psychology, it is typically reserved for thinking about one’s own thinking, as opposed to thinking about others’ thinking. How metacognition in this more specific sense relates to other-directed mindreading is one of the main theoretical issues debated in the literature. This article considers the idea that we make use of the same or a largely similar package of resources in conceptually interpreting our (...) own mind as we do in interpreting others’. I assume that a capacity for other-directed mindreading is minimally shared with our great-ape relatives, but I argue that the architecture of this system had to be substantially modified before it could efficiently and adaptively be turned inwards on one’s own mind. I contend that an important piece of the overall evolutionary explanation here likely concerns selection pressures arising from the domain of conversational interaction. Specifically, drawing on work carried out in the human interaction studies tradition (e.g., conversation analysis), I argue that the smooth to-and-fro of conversational interaction can be seen to heavily depend on metacommunicative capacities, which, in turn, are underpinned by metacognitive capacities. I conclude with a thumbnail sketch of an evolutionary account of the emergence of these metacognitive capacities in the human line. Their appearance and spread – whether via genes, cultural learning, or more likely, some combination of the two – helps to explain the transition from great-ape communication to human conversation. (shrink)