During contractual negotiations, one party may lead the other into error, thus causing loss or damage. If misrepresentation is shown, the aggrieved party may therefore claim for damages or rescission. In the English law, it was for many years unclear whether a finding of misrepresentation required proof of deliberate, intentional fraud, or whether it could be analysed as a simple failure of consensus, in which case it would be sufficient to show negligence. According to the traditional rule, the misleading declaration (...) had to be factually false, and concern an existing state of affairs or a verifiable past event. However, expressions of personal opinion or of future intention can mislead, although they cannot sensibly be considered as true or false. Further, in practice, many literally true sentences are liable to give false impressions. Such statements may be ambiguous or only partly true. Like linguists and ethical philosophers, the judges are confronted with recursive problems of understanding and re-interpretation. Citations from a number of celebrated English cases are given to show that in spite of significant developments, no legal rules or principles can satisfactorily account for intuitions concerning intentional behaviour and morality. (shrink)

This work completes Ross 's trilogy examining the inexhaustible complexity of the world and our relation to our surroundings.

This paper explores a distinction among causal relationships that has yet to receive attention in the philosophical literature, namely, whether causal relationships are reversible or irreversible. We provide an analysis of this distinction and show how it has important implications for causal inference and modeling. This work also clarifies how various familiar puzzles involving preemption and over-determination play out differently depending on whether the causation involved is reversible.

Key ideas discussed in this guide include: art and aesthetics fun and free time nature and reason things, thoughts and being right This Routledge Critical ...

Legal epistemology has been an area of great philosophical growth since the turn of the century. But recently, a number of philosophers have argued the entire project is misguided, claiming that it relies on an illicit transposition of the norms of individual epistemology to the legal arena. This paper uses these objections as a foil to consider the foundations of legal epistemology, particularly as it applies to the criminal law. The aim is to clarify the fundamental commitments of legal epistemology (...) and suggest a way to vindicate it. (shrink)

According to an argument that I will call the argument from loose lips, we can safely reject certain notorious conspiracy theories because they posit conspiracies that would be nearly impossible to keep secret. I distinguish between three versions of this argument: the epistemic argument, the alethic argument, and the statistical argument. I, then, discuss several limitations of the argument from loose lips. The first limitation is that only the statistical argument can be applied to new conspiracy theories. The second limitation (...) is that no version of the argument suffices to rule out the existence of small initial conspiracies that have no need to add further conspirators. The third limitation is that no version of the argument is dialectically efficacious in the context of arguing with the relevant conspiracy theorists because nothing is said to address the alleged evidence that they cite. (shrink)

The most plausible of Yarkoni's paths to recovery for psychology is the least radical one: psychologists need truly quantitative methods that exploit the informational power of variance and heterogeneity in multiple variables. If they drop ambitions to explain entire behaviors, they could find a box full of design and econometric tools in the parts of experimental economics that don't ape psychology.

The liberal state and the common tradition.--Fascism, communism and traditionalist reaction.--Liberty and authority.--Authority and tyranny.

The aim of this paper is to identify and partially defend a form of practical reason involved in a number of central cases of human action. Against the claims of rational choice theory that reasoning about action is primarily instrumental, it argues for a form of practical reason which allows for the indeterminate, open?ended and creative nature of the most important examples of human action. Rational choice theory not only gives a distorted account of the reasoning involved in these cases; (...) it also ? and more fundamentally ? misconceives the nature of human agency. What moves us to act are characteristically not our ?preferences?, but our ?desires?, and the logic of desire is not that of means to end, but of narrative coherence. The paper also argues that rational choice theory fails to recognize the essentially social nature of rationality, and in its ambition to construct social theory on the basis of rational choice it fails to recognize the fundamental role of trust in social relationships. (shrink)

This paper outlines Susan James’s analysis of Spinoza’s conception of practical imagination. It argues that there are three problems with her account. 1) The historical location James gives for the supposed shift away from rhetorical communication to egalitarian reasoning is problematic. 2) James uses the term ‘persuasion’ to describe both rational argumentation and rhetorical appeal to emotion as their genus or common denominator. 3) She relies on the traditional opposition between rhetorical capture of the mind through emotionally charged images and (...) empowerment of the mind through reasoning. (shrink)

Recent work by Stout and colleagues indicates that the neural correlates of language and Early Stone Age toolmaking overlap significantly. The aim of this paper is to add computational detail to their findings. I use an error minimisation model to outline where the information processing overlap between toolmaking and language lies. I argue that the Early Stone Age signals the emergence of complex structured representations. I then highlight a feature of my account: It allows us to understand the early evolution (...) of syntax in terms of an increase in the number and complexity of models in a cognitive system, rather than the development of new types of processing. (shrink)

Explores how we might think and live in the enchantment of the secular, modern world.

For the book that forms the basis for your debate, you’ve either been assigned to defend the thesis of the lead article or its antithesis. The thesis and antithesis are one another’s logical opposites – their contradictions. Consult the course webpage area to read the precise proposition you’re responsible for defending.

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

The aim of this report is to consider feasible conditions under which South Africa!!" processed (e.g., canned and other packaged) fruit industry would be internationally competitive and a profitable site of investment, and therefore able to resume a pattern of growth from which it departed in the early part of the present decade. This is in service of the wider aim of identifying, in a subsequent phase of the project, appropriate industrial policy measures which Government might put in place to (...) assist the industry, in accordance with sound principles of national welfare optimization and public finance. (shrink)

Problematic substance use (PSU) among nurses has wide‐ranging adverse implications. A critical integrative literature review was conducted with an emphasis on building knowledge regarding the influence of structural factors within nurses' professional environments on nurses with PSU. Five thematic categories emerged: (i) access, (ii) stress, and (iii) attitudes as contributory factors, (iv) treatment policies for nurses with PSU, and (v) the culture of the nursing profession. Conclusions were that an overemphasis on individual culpability and failing predominates in the literature and (...) that crucial knowledge gaps exist regarding the influence of structural factors on driving and shaping nurses' substance use. (shrink)

The so-called Final Ranking of the Philebus offers Socrates’ final evaluation of the relative merits of pleasure and reason in the best life. I begin by examining two common lines of interpretation as they address the criterion according to which the final ranking is organized. I then discuss the role ‘similarity’ has in organizing the investigation throughout the dialogue, from the initial comparison of the two lives (of reason and pleasure singly) down through the final ranking. I then consider the (...) thematic discussions of pleasure and reason separately, arguing that their treatments display an intriguing structural similarity. Next, I propose my own reading of the final ranking, whereby the ‘dependence’ relation at work in those two specific discussions may be see as the through-line of all (now five) tiers of the final ranking. I conclude by suggesting that this interpretation is able to preserve what is worthwhile in the two traditional lines of interpretation, while avoiding the pitfalls that tend to accompany them. (shrink)

Intergroup and long-distance relationships are both central features of human social life, but because intergroup relationships are emphasized in the literature, long-distance relationships are often overlooked. Here, we make the case that intergroup and long-distance relationships should be studied as distinct, albeit related, features of human sociality. First, we review the functions of both kinds of relationship: while both can be conduits for difficult-to-access resources, intergroup relationships can reduce intergroup conflict whereas long-distance relationships are especially effective at buffering widespread resource (...) shortfalls. Second, to illustrate the importance of distinguishing the two relationship types, we present a case study from rural Bolivia. Combining ethnography and two different experimental techniques, we find that the importance of intergroup relationships—and the salience of group membership itself—varies across populations and across methods. Although ethnography revealed that participants often rely on long-distance relationships for resource access, we were unable to capture participant preferences for these relationships with a forced-choice technique. Taken together, our review and empirical data highlight that (1) intergroup and long-distance relationships can have different functions and can be more or less important in different contexts and (2) validating experimental field data with ethnography is crucial for work on human sociality. We close by outlining future directions for research on long-distance relationships in humans. (shrink)

The purpose of this paper is to bring attention to Sismondi's forgotten ethical critique of laissez-faire capitalism. It is a forgotten critique because Sismondi has to a large extent been neglected in the literature. He has been too quickly labelled an economic romanticist. It is ethical because Sismondi questioned what he called chrematistics, which to him was becoming the chief end of economics. Chrematistics is the science of the increase of wealth conceived of abstractly and not in relation to man (...) or society. This was opposed to the provisioning principle which Sismondi saw as the key principle of economics. To Sismondi the object of economics is man not wealth. His critique of laissez-faire capitalism was from this perspective. This led Sismondi to propose state containment of capitalism so that the well-being of the whole community was attained. This proposal is an alternative to Marx's complete liquidiation of capitalism. Sismondi's ethical critique is important not only from the point of view of the history of political economy but also for an insight into what values and principles should be given priority in our economic systems today. (shrink)

Over 40 years of research have shown that traumatic brain injury affects brain volume. However, technical and practical limitations made it difficult to detect brain volume abnormalities in patients suffering from chronic effects of mild or moderate traumatic brain injury. This situation improved in 2006 with the FDA clearance of NeuroQuant®, a commercially available, computer-automated software program for measuring MRI brain volume in human subjects. More recent strides were made with the introduction of NeuroGage®, commercially available software that is based (...) on NeuroQuant® and extends its utility in several ways. Studies using these and similar methods have found that most patients with chronic mild or moderate traumatic brain injury have brain volume abnormalities, and several of these studies found—surprisingly—more abnormal enlargement than atrophy. More generally, 102 peer-reviewed studies have supported the reliability and validity of NeuroQuant® and NeuroGage®. Furthermore, this updated version of a previous review addresses whether NeuroQuant® and NeuroGage® meet the Daubert standard for admissibility in court. It concludes that NeuroQuant® and NeuroGage® meet the Daubert standard based on their reliability, validity, and objectivity. Due to the improvements in technology over the years, these brain volumetric techniques are practical and readily available for clinical or forensic use, and thus they are important tools for detecting signs of brain injury. (shrink)

This piece explores legal, ethical, and policy arguments associated with using interventions that leverage feelings of shame and social exclusion to promote uptake of childhood immunizations by parents.

Understanding consciousness is one of the central scientific challenges of our time. This book presents Andy Ross's recent work and discusses a range of perspectives on the core issues. The chapters are based on texts written for a variety of occasions and audiences. Reading them in order, one senses a growing clarity in the articulation of the new ideas, some of which are deep and rather subtle, and glimpses the outlines of a dynamic field. Ross has taken pains (...) to unify the collection and make the main thread clearly visible. His new ideas are of fundamental importance, and readers who grapple with them should gain insight that amply rewards the effort. (shrink)

“This is my major thesis. Mystery is inherent in both the nature of things and the nature of rationality. I will sustain this thesis by a review of some of the central issues of philosophy to elucidate their mysterious qualities. More important, however, I will develop in detail an explanation of mystery and trace some of its important ramifications.” “I will argue that an ordinal metaphysics, with its associated theory of query, provides an account of mystery that no other theory (...) can provide. “While the theory presented here is a theory of philosophical mystery, it has fundamental implications for all branches of knowledge, including the physical and social sciences. “In short, I speak against a simplistic view of the world and of experience based on a simplistic and narrow conception of understanding and rationality. Mystery calls not for veneration and awe, but for a full and complex activity of mind, broaching all established conditions in its pursuit of answers....Reason is fulfilled as completely in mysteries which persevere throughout our efforts to resolve them as in mysteries which are resolved and dissipated, passing into new questions to which we must find new answers, in an unterminating process of rational interrogation.” — From the Preface by Stephen David Ross. (shrink)