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)

Most democratic theorists agree that concentrations of wealth and power tend to distort the functioning of democracy and ought to be countered wherever possible. Deliberative democrats are no exception: though not its only potential value, the capacity of deliberation to ‘neutralise power’ is often regarded as ‘fundamental’ to deliberative theory. Power may be neutralised, according to many deliberative democrats, if citizens can be induced to commit more fully to the deliberative resolution of common problems. If they do, they will be (...) unable to get away with inconsistencies and bad or private reasons, thereby mitigating the illegitimate influence of power. I argue, however, that the means by which power inflects political disagreement is far more subtle than this model suggests and cannot be countered so simply. As a wealth of recent research in political psychology demonstrates, human beings persistently exhibit ‘motivated reasoning’, meaning that even when we are sincerely committed to the deliberative resolution of common problems, and even when we are exposed to the same reasons and evidence, we still disagree strongly about what ‘fair cooperation’ entails. Motivated reasoning can be counteracted, but only under exceptional circumstances such as those that enable modern science, which cannot be reliably replicated in our society at large. My analysis suggests that in democratic politics – which rules out the kind of anti-democratic practices available to scientists – we should not expect deliberation to reliably neutralise power. (shrink)

According to the Reasoning View about normative reasons, facts about normative reasons for action can be understood in terms of facts about the norms of practical reasoning. I argue that this view is subject to an overlooked class of counterexamples, familiar from debates about Subjectivist theories of normative reasons. Strikingly, the standard strategy Subjectivists have used to respond to this problem cannot be adapted to the Reasoning View. I think there is a solution to this problem, however. I argue that (...) the norms of practical reasoning, like the norms of theoretical reasoning, are characteristically defeasible, in a sense I make precise. Recognizing this property of those norms makes space for a solution to the problem. The resulting view is in a way analogous to the familiar defeasibility theory of knowledge, but it avoids a standard objection to that theory. (shrink)

I describe and motivate Rational Internalism, a principle concerning the relationship between motivating reasons (which explain actions) and normative reasons (which justify actions). I use this principle to construct a novel argument against Objectivist theories of normative reasons, which hold that facts about normative reasons can be analyzed in terms of an independently specified class of normative or evaluative facts. I then argue for an alternative theory of normative reasons, the Reasoning View, which is consistent with both Rational Internalism and (...) one standard motivation for Objectivism. (shrink)

Kraut and other neo-Aristotelians have argued that there is no such thing as absolute goodness. They admit only good in a kind, e.g. a good sculptor, and good for something, e.g. good for fish. What is the view of Aristotle? Mostly limiting myself to the Nicomachean Ethics, I argue that Aristotle is committed to things being absolutely good and also to a metaphysics of absolute goodness where there is a maximally best good that is the cause of the goodness of (...) all other things in virtue of being their end. I begin by suggesting that the notion of good as an end, which is present in the first lines of the NE, is not obviously accounted for by good in a kind or good for something. I then give evidence that good in a kind and good for something can explain neither certain distinctions drawn between virtues nor the determinacy ascribed to what is good “in itself.” I argue contra Gotthelf that because several important arguments in the Nicomachean Ethics rely on comparative judgments of absolute value—e.g. “Man is the best of all animals”—Aristotle is committed to the existence of both absolute goodness and an absolutely best being. I focus on one passage, Aristotle’s division of goods in NE I 12, which presupposes this metaphysical picture. (shrink)

Are the real numbers rich enough to measure intelligence? We generalize a result of Alexander and Hutter about the so-called Legg-Hutter intelligence measures of reinforcement learning agents. Using the generalized result, we exhibit a paradox: in one particular version of the Legg-Hutter intelligence measure, certain agents all have intelligence 0, even though in a certain sense some of them outperform others. We show that this paradox disappears if we vary the Legg-Hutter intelligence measure to be hyperreal-valued rather than real-valued.

Can a belief source confer justification when we lack antecedent justification for believing that it’s reliable? A negative answer quickly leads to skepticism. A positive answer, however, seems to commit one to allowing pernicious reasoning known as “epistemic bootstrapping.” Puzzles surrounding bootstrapping arise because we illicitly assume either that justification requires doxastic awareness of a source’s epistemic credentials or that there is no requirement that a subject be aware of these credentials. We can resolve the puzzle by splitting the horns (...) and requiring a non-conceptual awareness of, or direct acquaintance with, a source’s legitimacy. Requiring non-conceptual as opposed to doxastic awareness halts the regress and avoids the skeptical results. On the other hand, requiring non-conceptual awareness also guarantees that we are aware of evidence for a source’s reliability prior to using that source to form justified beliefs; we thereby avoid the problem of allowing epistemic bootstrapping to generate the illicit gains in justification. (shrink)

Reading Foucault’s work on power and subjectivity alongside “developmentalist” approaches to evolutionary biology, this article endorses poststructuralist critiques of political ideals grounded in the value of subjective agency. Many political theorists embrace such critiques, of course, but those who do are often skeptical of liberal democracy, and even of normative theory itself. By contrast, those who are left to theorize liberal democracy tend to reject or ignore poststructuralist insights, and have continued to employ dubious ontological assumptions regarding human agents. Against (...) both groups, I argue that Foucault’s poststructuralism must be taken seriously, but that it is ultimately consistent with normative theory and liberal democracy. Linking poststructuralist attempts to transcend the dichotomy between agency and structure with recent efforts by evolutionary theorists to dissolve a similarly stubborn opposition between nature and nurture, I develop an anti-essentialist account of human nature and agency that vindicates poststructuralist criticism while enabling a novel defense of liberal democracy. (shrink)

According to the ‘standard story’ in the philosophy of action, actions are those movements of a creature’s body that are caused and rationalized by the creature’s mental states. The attractions of the causal condition have been widely discussed. The rationalization condition is nearly ubiquitous, but it is notoriously obscure, and its motivation has rarely been made explicit. This paper presents a new argument for including the rationalization condition in the causal theory of action, and sketches a broadly Davidsonian theory of (...) what rationalization is. (shrink)

This morning I intended to get out of bed when my alarm went off. Hearing my alarm, I formed the intention to get up now. Yet, for a time, I remained in bed, irrationally lazy. It seems I irrationally failed to execute my intention. Such cases of execution failure pose a challenge for Mentalists about rationality, who believe that facts about rationality supervene on facts about the mind. For, this morning, my mind was in order; it was my action that (...) apparently made me irrational. What, then, should Mentalists say about the phenomenon of execution failure? The phenomenon of execution failure, and the puzzle it raises for Mentalists, have rarely been discussed. This paper addresses the puzzle in two parts. First, it argues that execution failure is a real phenomenon. It is possible for agents to irrationally fail to act on their present-directed intentions. It follows that Mentalists in the philosophy of action must solve the puzzle of explaining what is irrational about cases of execution failure. Second, this paper begins the search for such a solution. It considers six possible resolutions to the puzzle, arguing that none is obviously the most attractive. These resolutions include a requirement of overall conative consistency, an appeal to the norm of intention consistency, a form of Volitionalism, an appeal to factive mental states, and a proposal due to Garrett Cullity, and a novel requirement of proper functioning. (shrink)

There is an old meta-philosophical worry: very roughly, metaphysical theories have no observational consequences and so the study of metaphysics has no value. The worry has been around in some form since the rise of logical positivism in the early twentieth century but has seen a bit of a renaissance recently. In this paper, I provide an apology for metaphysics in the face of this kind of concern. The core of the argument is this: pure mathematics detaches from science in (...) much the same manner as metaphysics and yet it is valuable nonetheless. The source of value enjoyed by pure mathematics extends to metaphysics as well. Accordingly, if one denies that metaphysics has value, then one is forced to deny that pure mathematics has value. The argument places an added burden on the sceptic of metaphysics. If one truly believes that metaphysics is worthless (as some philosophers do), then one must give up on pure mathematics as well. (shrink)

Contemporary critics of the administrative state are right to highlight the dangers of vesting too much power in a centralized bureaucracy removed from popular oversight and accountability. Too often neglected in this literature, however, are the dangers of vesting too little power in a centralized state, which enables dominant groups to further expand their social and economic advantages through decentralized means. This article seeks to synthesize these concerns, understanding them as reflecting the same underlying danger of state capture. It then (...) articulates a set of heuristics for the design of public and administrative institutions, which aim at minimizing the risks of capture from both public and private sources. By following these heuristics, it claims, we can successfully employ the administrative state as a weapon against concentrated private power, rather than allowing it to serve as a tool of dominant groups. (shrink)

According to Phenomenal Conservatism (PC), if it seems to a subject S that P, S thereby has some degree of (defeasible) justification for believing P. But what is it for P to seem true? Answering this question is vital for assessing what role (if any) such states can play. Many have appeared to adopt a kind of non-reductionism that construes seemings as intentional states which cannot be reduced to more familiar mental states like beliefs or sensations. In this paper I (...) aim to show that reductive accounts need to be taken more seriously by illustrating the plausibility of identifying seemings and conscious inclinations to form a belief. I briefly close the paper by considering the implications such an analysis might have for views such as PC. (shrink)

I argue that Spinoza endorses "conceptual dependence monism," the thesis that all forms of metaphysical dependence (such as causation, inherence, and existential dependence) are conceptual in kind. In the course of explaining the view, I further argue that it is actually presupposed in the proof for his more famed substance monism. Conceptual dependence monism also illuminates several of Spinoza’s most striking metaphysical views, including the intensionality of causal contexts, parallelism, metaphysical perfection, and explanatory rationalism. I also argue that this priority (...) of the conceptual does not commit Spinoza to forms of idealism or mentalism. The question of how to understand different kinds of metaphysical dependence is quite controversial in Spinoza studies; I address major alternative readings in the notes. But there I also try to draw connections to the growing debate in contemporary discussions about metaphysical dependence, as this topic is a happy point of shared interest between Spinoza and contemporary metaphysicians alike. (shrink)

Machery and Weiskopf argue that the kind concept is a natural kind if and only if it plays an explanatory role in cognitive scientific explanations. In this paper, we argue against this explanationist approach to determining the natural kind-hood of concept. We first demonstrate that hybrid, pluralist, and eliminativist theories of concepts afford the kind concept different explanatory roles. Then, we argue that we cannot decide between hybrid, pluralist, and eliminativist theories of concepts, because each endorses a different, but equally (...) viable, specification of the explananda of cognitive science. It follows that an explanationist approach to determining the natural kind-hood of concept fails, because there is no consensus about whether or not concept should be afforded an explanatory role in our best cognitive scientific explanations. We conclude by considering what our critique of explanationism could imply for further discussions about the explanatory role of concepts in cognitive science. (shrink)

Though the notion of common-sense plays an important role in Kant’s aesthetic theory, it is not immediately clear what Kant means by this term. This essay works to clarify the role that common-sense plays in the logic of Kant’s argument. My interpretive hypothesis is that a careful examination of the way common-sense functions in Kant’s account of judgments of taste can help explain what this notion means. I argue that common-sense names the capacity to discern the relation between the cognitive (...) faculties by means of a feeling, and I conclude that this understanding of common-sense lays the groundwork for an account of the unity of judgments of taste. I conclude that attending to Kant’s notion of common-sense is especially important because it highlights the anthropological significance of Kant’s account of beauty. (shrink)

In recent years, some have claimed that a Darwinian perspective will revolutionize the study of human society and culture. This project is viewed with disdain and suspicion, on the other hand, by many practicing social scientists. This article seeks to clear the air in this heated debate by dissociating two claims that are too often assumed to be inseparable. The first is the ‘ontological’ claim that Darwinian principles apply, at some level of abstraction, to human society and culture. The second (...) is the more ‘pragmatic’ claim that this observation necessitates substantial changes in the practices of social scientists. Even if some version of the first claim is true, I argue – which I believe is quite likely – the second does not follow. This observation ought to chasten the most overzealous advocates of Darwinian social science, as well as softening the instinctive resistance of many social scientists and historians to the genuine insights enabled by a Darwinian approach. The conclusion discusses these insights, the most important of which is a methodological prescription for normative theory. (shrink)

We can clarify a certain difficulty with regard to the phrase ‘the best and most perfect virtue’ in Aristotle’s definition of the human good in Nicomachean Ethics I 7 if we make use of two related distinctions: Donnellan’s attributive–referential distinction and Kripke’s distinction between speaker’s reference and semantic reference. I suggest that Aristotle is using the phrase ‘the best and most perfect virtue’ attributively, not referentially, and further that even though the phrase may refer to a specific virtue (semantic reference), (...) Aristotle is not using the phrase to refer to a specific virtue (speaker’s reference). (shrink)

Reasons internalists claim that facts about normative reasons for action are facts about which actions would promote an agent’s goals and values. Reasons internalism is popular, even though paradigmatic versions have moral consequences many find unwelcome. This article reconstructs an influential but understudied argument for reasons internalism, the “if I were you” argument, which is due to Bernard Williams and Kate Manne. I raise an objection to the argument and argue that replying to it requires reasons internalists to accept controversial (...) metaethical or epistemological commitments with which their theory has not traditionally been associated. (shrink)

Super-Humeans argue that the most parsimonious ontology of the natural world compatible with our best physical theories consists exclusively of particles and the distance relations between them. This paper argues by contrast that Super-Humean reduction goes insufficiently far, by showing there to be a more parsimonious ontology compatible with physics: Ultimate-Humeanism. This novel view posits an ontology consisting solely of the particles and distance relations required for the existence of a single brain. Super-Humeans impose conditions on what counts as an (...) ontology of the natural world to avoid their view slipping into this kind of ontology, but these conditions are arbitrarily imposed and once this is exposed, Super-Humeans face a dilemma. Either they can embrace Ultimate-Humeanism as the minimal ontology of the natural world compatible with physics, or (more likely) they can rethink the methodology that got them there. Overall, this paper argues that Super-Humeanism currently lacks principled motivation, outlines a framework for naturalistic ontological reductions, and exposes the consequences of unchecked adherence to a simplicity-driven methodology. (shrink)

Representationalists and anti-representationalists disagree about whether a naturalisation of mental content is possible and, hence, whether positing mental representations in cognitive science is justified. Here, I develop a novel way to think about mental representations based on a philosophical description of (cognitive) science inspired by cognitive instrumentalism. On this view, our acceptance of theories positing mental representations and our beliefs in (something like) mental representations do not depend on the naturalisation of content. Thus, I conclude that if we endorse cognitive (...) instrumentalism about mental representations, then we can finally leave the dispute between representationalism and anti-representationalism behind. (shrink)

To be a liberal is, among other things, to grant basic liberties some degree of priority over other aspects of justice. But why do basic liberties warrant this special treatment? For Rawls, the answer has to do with the allegedly special connection between these freedoms and the ‘two moral powers’ of reasonableness and rationality. Basic freedoms are said to be preconditions for the development and exercise of these powers and are held to warrant priority over other justice-relevant values for that (...) reason. In the first half of the article I mount an internal critique of this Rawlsian line, arguing that it is flawed in two main ways. First, it overestimates the contribution of basic freedom to moral personality. Second, it underestimates the contribution of non-liberty resources to moral personality. In the second half of the article I repair these flaws. The result is a new, intriguingly radical version of justice as fairness, one with surprising—yet plausible—implications for economic and gender justice. (shrink)

This study examines the direct and indirect effects of interpersonal fairness on employees’ willingness-to-stay and organisation-based self-esteem through affective commitment among manufacturing workers in Tema, Ghana. Using the survey design, 300 manufacturing workers in Tema were conveniently sampled for the study. The confirmatory factor analysis and structural equation modelling were used to analyse the data. Results indicated that affective commitment partially mediated the relationship between interpersonal fairness and employees' willingness-to-stay. Affective commitment also fully mediated the interpersonal fairness- organisation based self-esteem (...) relationship. Results further showed that organisation based self-esteem partially mediated the affective commitment and willingness to stay relationship, such that, an increase in organisation-based self-esteem leads to a decrease in employees’ willingness-to-stay. These findings emphasised the roles of interpersonal fairness and affective commitment in organisations, where affective commitment increases as a result of an increase in interpersonal fairness and makes employees have an intention to stay. The findings imply that employees who are very confident and have higher organisation-based self-esteem stand lower chances of staying in their current organisations. This study is the first to examine how affective commitment transfers the effects of interpersonal fairness unto employees’ intention-to-stay among manufacturing workers in Ghana. (shrink)

A tension has been identified between the acquisition and participation metaphors for learning, and it is generally agreed that this tension has still not been adequately resolved. In this paper, we offer an alternative to the acquisition and participation metaphors for learning: the metaphor of mastering. Our claim is that the mastering metaphor, as grounded in inferentialism, allows one to treat both the acquisition and participation dimensions of learning as complementary and mutually constitutive. Inferentialism is a semantic theory which explains (...) concept formation in terms of the inferences individuals make in the context of an intersubjective practice of acknowledging, attributing, and challenging one another's commitments. We first introduce the key concepts of inferentialism and consider the perspective on learning that inferentialism inspires. Then, we condense the lessons of the inferentialist concepts into a single mastering metaphor for learning and argue that learning consists in the process by which learners come to master concepts and practices. We conclude by discussing how the mastering metaphor could be put to work in a theoretical reconciliation of the cognitive and sociocultural dimensions of learning. (shrink)

Do we live in a computer simulation? I will present an argument that the results of a certain experiment constitute empirical evidence that we do not live in, at least, one type of simulation. The type of simulation ruled out is very specific. Perhaps that is the price one must pay to make any kind of Popperian progress.

The Southern Journal of Philosophy, Volume 60, Issue 2, Page 277-303, June 2022.

Kaplan and Craver :601–627, 2011) and Piccinini and Craver :283–311, 2011) argue that only mechanistic explanations of cognition are genuine causal explanations, because only evidence of mechanisms reveals the causal structure of cognition. I first argue that this claim is grounded in a commitment to the mechanistic account of causality, which cannot be endorsed by a defender of causal-nonmechanistic explanations. Then, I defend the epistemic theory of causality, which holds that causal explanations are not genuine to the extent that they (...) reveal mechanistic causal structure, but, rather, to the extent that they have evidential support and yield successful prediction, explanation, and control inferences. Finally, I enact an epistemic unification of causal explanation in cognitive science, according to which both mechanistic and nonmechanistic explanations of cognition can be genuine causal explanations. (shrink)

What is a human body? Some reasons are given for thinking that, in the primary case, it is a body that is both of and suitable to a rational animal.

One shortcoming of the chain rule is that it does not iterate: it gives the derivative of f(g(x)), but not (directly) the second or higher-order derivatives. We present iterated differentials and a version of the multivariable chain rule which iterates to any desired level of derivative. We first present this material informally, and later discuss how to make it rigorous (a discussion which touches on formal foundations of calculus). We also suggest a finite calculus chain rule (contrary to Graham, Knuth (...) and Patashnik's claim that "there's no corresponding chain rule of finite calculus"). (shrink)

This paper develops a version of the acquaintance theory of introspective justification. In the process, it rejects the view that acquaintance is sui generic in favor of a view that identifies acquaintance with availability for selection by attention mechanisms. Moreover, unlike many recent accounts of knowledge by acquaintance, it explains the epistemic significance of acquaintance in terms of the epistemic basing relation without any need to appeal to the structure or existence of phenomenal concepts. Lastly, while in ideal cases acquaintance (...) will provide a kind of infallible justification, the paper shows how to extend these ideas to allow that acquaintance can provide fallible introspective justification. (shrink)

I present an argument that for any computer-simulated civilization we design, the mathematical knowledge recorded by that civilization has one of two limitations. It is untrustworthy, or it is weaker than our own mathematical knowledge. This is paradoxical because it seems that nothing prevents us from building in all sorts of advantages for the inhabitants of said simulation.

We provide an intuitive motivation for the hyperreal numbers via electoral axioms. We do so in the form of a Socratic dialogue, in which Protagoras suggests replacing big-oh complexity classes by real numbers, and Socrates asks some troubling questions about what would happen if one tried to do that. The dialogue is followed by an appendix containing additional commentary and a more formal proof.

In this paper we argue that the moral value of an agent is determined solely by their dispositions to act intentionally and freely. We then put this conclusion to work. It resolves a putative moral paradox first posed by Saul Smilansky, and it undermines a prominent line of argument for a variety of Trinitarian theology. Finally, we derive our conclusion about the moral worth of agents not only from our initial series of thought experiments, but also from Abrahamic theism itself. (...) This means that Smilansky’s paradox can only possibly be rehabilitated by an atheist, and that the aforementioned line of argumentation for the Trinity is radically self-undermining, since it relies upon the denial of a corollary of Abrahamic theism. (shrink)

It has seemed, to many, that there is an important connection between the ways in which some theoretical posits explain our observations, and our reasons for being ontologically committed to those posits. One way to spell out this connection is in terms of what has become known as the explanatory criterion of ontological commitment. This is, roughly, the view that we ought to posit only those entities that are indispensable to our best explanations. Our primary aim is to argue that (...) the moral nonnaturalist places herself in an invidious position if she simply accepts that the nonnatural moral facts that she posits are not explanatory. Instead, we offer the nonnaturalist an alternative strategy for dealing with moral explanations. The strategy is to retain the explanatory criterion of ontological commitment and maintain that moral properties are, in fact, explanatory. The explanations they provide are not causal explanations; instead, moral properties make a non-causal difference to the physical facts. (shrink)

How might discourse generate political change? So far, democratic theorists have focused largely on how deliberative exchanges might shift political opinion. Responding to empirical research that casts doubt on the generalizability of deliberative mechanisms outside of carefully designed forums, this essay seeks to broaden the scope of discourse theory by considering speech that addresses participants’ identities instead. More specifically, we ask what may be learned about identity-oriented discourse by examining the practice of religious preaching. As we demonstrate, scholars of homiletics—the (...) study of preaching—have identified three core features that support its focus on identity: its unconditionality, its appeal to authoritative texts and traditions, and its diffuse instrumentality. We then ask what each of these features might look like in more straightforwardly political contexts. Finally, we address several normative questions raised by this practice, as a way of exploring the promises and dangers accompanying identity-oriented discourse more generally. (shrink)