Despite the growing influence of constitutional rights over the regulation of horizontal (private) relations, many aspects of this trend remain under-theorized. This article criticizes four ideal-typical constitutional horizontality models for failing to accommodate moral reasons that must shape this regulatory practice: the state action model ignores basic consequentialist aspects of political morality; the direct application model ignores basic relational aspects of interpersonal morality; the strong indirect model recognizes both but subordinates the latter to the former; and the partitioned indirect model (...) recognizes both but separates them too strongly. This article claims that a composite indirect model, which reflects basic features of the common law, can better realize constitutional rights through private law in conditions of moral pluralism: it can expose private law to constitutional rights-based and reform-oriented scrutiny without ignoring, eroding, or distorting the unique normativity of private relations and practices or their underlying values. (shrink)

Modern constitutional rights law is often criticised for delineating rights too broadly while resolving their regular conflicts with competing considerations through open-ended balancing procedures. A basic theme underlying criticisms of this expansionist trend is that it expresses utilitarian ideas, foreign to the domain of rights. This article replies to two main critiques: that rights can only extend to cases in which they defeat all competing considerations; and that conflicts involving rights should be resolved with categorial rules. The article builds on (...) contractualist moral theory and the interest theory of rights to present an account of constitutional rights as relational value-based reasons to recognise duties. This account goes beyond central justifications of the expansionist trend, that erode the action-guiding and relational aspects of constitutional rights. It shows that including in their scopes defeasible reasons is not only conceptually possible but also morally desirable as it can better realise their underlying values by providing systematic guidance to state agents as part of the basic structure of society; and that while rights-based duties are peremptory and categorical, constitutional rights-based reasons for regulation invite a dynamic and incremental comparison of claims on a social scale, of the kind that proportionality analysis structures. (shrink)

This collection, published in 1988, brings an innovative perspective to research in social cognition.

There is now considerable evidence that human sentence processing is expectation based: As people read a sentence, they use their statistical experience with their language to generate predictions about upcoming syntactic structure. This study examines how sentence processing is affected by readers' uncertainty about those expectations. In a self-paced reading study, we use lexical subcategorization distributions to factorially manipulate both the strength of expectations and the uncertainty about them. We compare two types of uncertainty: uncertainty about the verb's complement, reflecting (...) the next prediction step; and uncertainty about the full sentence, reflecting an unbounded number of prediction steps. We find that uncertainty about the full structure, but not about the next step, was a significant predictor of processing difficulty: Greater reduction in uncertainty was correlated with increased reading times. We additionally replicated previously observed effects of expectation violation, orthogonal to the effect of uncertainty. This suggests that both surprisal and uncertainty affect human RTs. We discuss the consequences for theories of sentence comprehension. (shrink)

This article develops a model-based account of the standardization of physical measurement, taking the contemporary standardization of time as its central case-study. To standardize the measurement of a quantity, I argue, is to legislate the mode of application of a quantity-concept to a collection of exemplary artefacts. Legislation involves an iterative exchange between top-down adjustments to theoretical and statistical models regulating the application of a concept, and bottom-up adjustments to material artefacts in light of remaining gaps. The model-based account clarifies (...) the cognitive role of ad hoc corrections, arbitrary rules and seemingly circular inferences involved in contemporary timekeeping, and explains the stability of networks of standards better than its conventionalist and constructivist counterparts. (shrink)

Most theories and hypotheses in psychology are verbal in nature, yet their evaluation overwhelmingly relies on inferential statistical procedures. The validity of the move from qualitative to quantitative analysis depends on the verbal and statistical expressions of a hypothesis being closely aligned – that is, that the two must refer to roughly the same set of hypothetical observations. Here, I argue that many applications of statistical inference in psychology fail to meet this basic condition. Focusing on the most widely used (...) class of model in psychology – the linear mixed model – I explore the consequences of failing to statistically operationalize verbal hypotheses in a way that respects researchers' actual generalization intentions. I demonstrate that although the “random effect” formalism is used pervasively in psychology to model intersubject variability, few researchers accord the same treatment to other variables they clearly intend to generalize over (e.g., stimuli, tasks, or research sites). The under-specification of random effects imposes far stronger constraints on the generalizability of results than most researchers appreciate. Ignoring these constraints can dramatically inflate false-positive rates, and often leads researchers to draw sweeping verbal generalizations that lack a meaningful connection to the statistical quantities they are putatively based on. I argue that failure to take the alignment between verbal and statistical expressions seriously lies at the heart of many of psychology's ongoing problems (e.g., the replication crisis), and conclude with a discussion of several potential avenues for improvement. (shrink)

This work develops an epistemology of measurement, that is, an account of the conditions under which measurement and standardization methods produce knowledge as well as the nature, scope, and limits of this knowledge. I focus on three questions: (i) how is it possible to tell whether an instrument measures the quantity it is intended to? (ii) what do claims to measurement accuracy amount to, and how might such claims be justified? (iii) when is disagreement among instruments a sign of error, (...) and when does it imply that instruments measure different quantities? Based on a series of case studies conducted in collaboration with the US National Institute of Standards and Technology (NIST), I argue for a model-based approach to the epistemology of physical measurement. To measure a physical quantity, I argue, is to estimate the value of a parameter in an idealized model of a physical process. Such estimation involves inference from the final state (‘indication’) of a process to the value range of a parameter (‘outcome’) in light of theoretical and statistical assumptions. Contrary to contemporary philosophical views, measurement outcomes cannot be obtained by mapping the structure of indications. Instead, measurement outcomes as well as claims to accuracy, error and quantity individuation can only be adjudicated relative to a choice of idealized modelling assumptions. (shrink)

The Self-Intimation thesis has it that whatever justificatory status a proposition has, i.e., whether or not we are justified in believing it, we are justified in believing that it has that status. The Infallibility thesis has it that whatever justificatory status we are justified in believing that a proposition has, the proposition in fact has that status. Jointly, Self-Intimation and Infallibility imply that the justificatory status of a proposition closely aligns with the justification we have about that justificatory status. Self-Intimation (...) has two noteworthy implications. First, assuming that we never have sufficient justification for a proposition and for its negation, we can derive Infallibility from Self-Intimation. Interestingly, there seems to be no equivalently simple way to derive Self-Intimation from Infallibility. This asymmetry provides reason for thinking that bottom-level justification rather than top-level justification drives the explanation for why the levels of justification align. Second, Self-Intimation suggests a counterintuitive treatment of information concerning what justificatory status a proposition has. It follows from Self-Intimation that we always have justification for the truth about whether a proposition is justified for us, and therefore, that higher-order evidence could change what we should believe on this matter only by misleading us. This permits forming beliefs about whether a proposition is justified for us without regard to higher-order evidence, and thus reveals a reason for thinking that top-level justification is evidentially inert. (shrink)

The idea that science teaching in schools should prepare the ground for society's future technical and scientific progress has played an important role in shaping modern education. This idea, however, was not always present. In this article, I examine how this idea first emerged in educational thought. Early in the 17th century, Francis Bacon asserted that the study of nature should serve to improve living conditions for all members of society. Although influential, Bacon's idea was not easily assimilated by educational (...) thinkers who remained committed to the traditional aims of teaching about nature. Yet in the second half of the 18th century a change has occurred; educational thinkers started to embrace Baconian ideas and therefore argued that science teaching should be oriented towards generating future scientific progress. Analysing the work of 18th century French and British educational thinkers, this article links the emergence of this new view to developments in the understanding of natural philosophy and to a rising interest in it. It is argued, however, that in themselves, these developments could not adequately explain why Baconian ideas started to influence educational theory in the time in which they did. It is maintained that the incorporation of Baconian ideas into educational thought resulted from a fundamental theoretical shift in the understanding of the role of education itself. (shrink)

Can a heritability value tell us something about the weight of genetic versus environmental causes that have acted in the development of a particular individual? Two possible questions arise. Q1: what portion of the phenotype of X is due to its genes and what portion to its environment? Q2: what portion of X’s phenotypic deviation from the mean is a result of its genetic deviation and what portion a result of its environmental deviation? An answer to Q1 provides the full (...) information about X’s development, while an answer to Q2 leaves out a large portion unexplained—that portion which corresponds to the phenotypic mean. Q1 is unanswerable, but I show it is nevertheless legitimate under certain quantitative genetics models. With regard to Q2, opinions in the philosophical and biological literature differ as to its legitimacy. I argue that not only is it legitimate, but in particular, under a few simplifying assumptions, it allows for a quantitative probabilistic answer: for normally distributed quantitative traits with no G-E correlation or statistical G × E interaction, we can assess the probability that X’s genes had a greater effect than its environment on its deviation from the mean population value. This probability is expressed as a function the heritability and the individual’s phenotypic value; we can also provide a quantitative probabilistic answer to Q2 for an arbitrary individual where the probability is a function only of heritability. (shrink)

This new work offers radical new study of Levinas and Camus, two leading thinkers of the 20th century.

The Impacts of Lasting Occupation examines the effects that Israel's decades-long occupation of Palestinian territories have had on Israeli society. The consequences of occupation are evident in all aspects of Israeli life, including its political, social, legal, economic, cultural, and psychological spheres.

When discrepancies are discovered between the outcomes of different measurement procedures, two sorts of explanation are open to scientists. Either some of the outcomes are inaccurate or the procedures are not measuring the same quantity. I argue that, due to the possibility of systematic error, the choice between and is underdetermined in principle by any possible evidence. Consequently, foundationalist criteria of quantity individuation are either empty or circular. I propose a coherentist, model-based account of measurement that avoids the underdetermination problem, (...) and use this account to explain how scientists individuate quantities in practice. (shrink)

The philosophy of measurement studies the conceptual, ontological, epistemic, and technological conditions that make measurement possible and reliable. A new wave of philosophical scholarship has emerged in the last decade that emphasizes the material and historical dimensions of measurement and the relationships between measurement and theoretical modeling. This essay surveys these developments and contrasts them with earlier work on the semantics of quantity terms and the representational character of measurement. The conclusions highlight four characteristics of the emerging research program in (...) philosophy of measurement: it is epistemological, coherentist, practice oriented, and model based. (shrink)

The presence of gene–environment statistical interaction and correlation in biological development has led both practitioners and philosophers of science to question the legitimacy of heritability estimates. The paper offers a novel approach to assess the impact of GxE and rGE on the way genetic and environmental causation can be partitioned. A probabilistic framework is developed, based on a quantitative genetic model that incorporates GxE and rGE, offering a rigorous way of interpreting heritability estimates. Specifically, given an estimate of heritability and (...) the variance components associated with estimates of GxE and rGE, I arrive at a probabilistic account of the relative effect of genes and environment. (shrink)

This article develops a model-based account of the standardization of physical measurement, taking the contemporary standardization of time as its central case study. To standardize the measurement of a quantity, I argue, is to legislate the mode of application of a quantity concept to a collection of exemplary artefacts. Legislation involves an iterative exchange between top-down adjustments to theoretical and statistical models regulating the application of a concept, and bottom-up adjustments to material artefacts in light of remaining gaps. The model-based (...) account clarifies the cognitive role of ad hoc corrections, arbitrary rules, and seemingly circular inferences involved in contemporary timekeeping, and explains the stability of networks of standards better than its conventionalist and constructivist counterparts. 1 Introduction2 Making Time Universal2.1 Stability and accuracy2.2 Multiple realizability2.3 The challenges of synchronicity2.4 Divergent standards2.5 The leap second3 The Two Faces of Stability3.1 An explanatory challenge3.2 Conventionalist explanations3.3 Constructivist explanations4 Models and Standardization4.1 A third alternative4.2 Stability reconceived4.3 Legislative freedom4.4 Discovering gaps4.5 Nature and society entangled4.6 Remark on scope5 Conclusions. (shrink)

Suppose we learn that we have a poor track record in forming beliefs rationally, or that a brilliant colleague thinks that we believe P irrationally. Does such input require us to revise those beliefs whose rationality is in question? When we gain information suggesting that our beliefs are irrational, we are in one of two general cases. In the first case we made no error, and our beliefs are rational. In that case the input to the contrary is misleading. In (...) the second case we indeed believe irrationally, and our original evidence already requires us to fix our mistake. In that case the input to that effect is normatively superfluous. Thus, we know that information suggesting that our beliefs are irrational is either misleading or superfluous. This, I submit, renders the input incapable of justifying belief revision, despite our not knowing which of the two kinds it is. (shrink)

We examine whether the "evidence of evidence is evidence" principle is true. We distinguish several different versions of the principle and evaluate recent attacks on some of those versions. We argue that, whatever the merits of those attacks, they leave the more important rendition of the principle untouched. That version is, however, also subject to new kinds of counterexamples. We end by suggesting how to formulate a better version of the principle that takes into account those new counterexamples.

Euthanasia and physician assisted-suicide are terms used to describe the process in which a doctor of a sick or disabled individual engages in an activity which directly or indirectly leads to their death. This behavior is engaged by the healthcare provider based on their humanistic desire to end suffering and pain. The psychiatrist's involvement may be requested in several distinct situations including evaluation of patient capacity when an appeal for euthanasia is requested on grounds of terminal somatic illness or when (...) the patient is requesting euthanasia due to mental suffering. We compare attitudes of 49 psychiatrists towards euthanasia and assisted suicide with a group of 54 other physicians by means of a questionnaire describing different patients, who either requested physician-assisted suicide or in whom euthanasia as a treatment option was considered, followed by a set of questions relating to euthanasia implementation. When controlled for religious practice, psychiatrists expressed more conservative views regarding euthanasia than did physicians from other medical specialties. Similarly female physicians and orthodox physicians indicated more conservative views. Differences may be due to factors inherent in subspecialty education. We suggest that in light of the unique complexity and context of patient euthanasia requests, based on their training and professional expertise psychiatrists are well suited to take a prominent role in evaluating such requests to die and making a decision as to the relative importance of competing variables. (shrink)

In our target article, we proposed that curiosity and creativity are both manifestations of the same novelty-seeking process. We received 29 commentaries from diverse disciplines that add insights to our initial proposal. These commentaries ultimately expanded and supplemented our model. Here we draw attention to five central practical and theoretical issues that were raised by the commentators: (1) The complex construct of novelty and associated concepts; (2) the underlying subsystems and possible mechanisms; (3) the different pathways and subtypes of curiosity (...) and creativity; (4) creativity and curiosity “in the wild”; (5) the possible link(s) between creativity and curiosity. (shrink)

The outbreak of the COVID-19 pandemic in 2020 threw the world into an unexpected turmoil; schools were closed, exams cancelled, and educational systems were forced to react to deep and unexpected changes. In educational policy, however, the idea that we should prepare for an unknown, uncontrollable and risky future has been widely accepted long before the outbreak. Building on insights from complexity theory and the study of dynamic systems, the article critically examines how the standard educational response to future unpredictability, (...) which focuses on enhancing adaptability, fares in a time of crisis. It is argued that the emphasis on adaptability in response to a world that is increasingly becoming volatile, uncertain, complex and ambiguous is often uncritically embraced in educational policy. We suggest that furthering adaptability through education could be suited for tackling everyday uncertainty, yet is an ill-suited response to crisis situations because it hinders transformative change. The article also points to some additional difficulties with striving to further adaptability. Instead, it is argued that developing a vision might prove to be instrumental in guiding an adequate educational response. It is acknowledged that relying on a vision might raise some difficulties, but it is maintained that these can be, at least partially, avoided. (shrink)

This paper draws attention to an increasingly common method of using computer simulations to establish evidential standards in physics. By simulating an actual detection procedure on a computer, physicists produce patterns of data (‘signatures’) that are expected to be observed if a sought-after phenomenon is present. Claims to detect the phenomenon are evaluated by comparing such simulated signatures with actual data. Here I provide a justification for this practice by showing how computer simulations establish the reliability of detection procedures. I (...) argue that this use of computer simulation undermines two fundamental tenets of the Bogen–Woodward account of evidential reasoning. Contrary to Bogen and Woodward’s view, computer-simulated signatures rely on ‘downward’ inferences from phenomena to data. Furthermore, these simulations establish the reliability of experimental setups without physically interacting with the apparatus. I illustrate my claims with a study of the recent detection of the superfluid-to-Mott-insulator phase transition in ultracold atomic gases. (shrink)

Contrary to the claim that measurement standards are absolutely accurate by definition, I argue that unit definitions do not completely fix the referents of unit terms. Instead, idealized models play a crucial semantic role in coordinating the theoretical definition of a unit with its multiple concrete realizations. The accuracy of realizations is evaluated by comparing them to each other in light of their respective models. The epistemic credentials of this method are examined and illustrated through an analysis of the contemporary (...) standardization of time. I distinguish among five senses of ‘measurement accuracy’ and clarify how idealizations enable the assessment of accuracy in each sense. (shrink)

The digital age brings with it novel forms of data flow. As a result, individuals are constantly being monitored while consuming products, services and content. These abilities have given rise to a variety of concerns, which are most often framed using “privacy” and “data protection”-related paradigms. An important, oft-noted yet undertheorized concern is that these dynamics might facilitate the manipulation of subjects; a process in which firms strive to motivate and influence individuals to take specific steps and make particular decisions (...) in a manner considered to be socially unacceptable. That it is important and imperative to battle manipulation carries with it a strong intuitive appeal. Intuition, however, does not always indicate the existence of a sound justification or policy option. For that, a deeper analytic and academic discussion is called for. This Article begins by emphasizing the importance of addressing the manipulation-based argument, which derives from several crucial problems and flaws in the legal and policy setting currently striving to meet the challenges of the digital age. Next, the Article examines whether the manipulation-based concerns are sustainable, or are merely a visceral response to changing technologies which cannot be provided with substantial analytical backing. Here the Article details the reasons for striving to block manipulative conduct and, on the other hand, reasons why legal intervention should be, in the best case, limited. The Article concludes with some general implications of this discussion for the broader themes and future directions of privacy law, while trying to ascertain whether the rise of the manipulation-based discourse will lead to information privacy’s expansion or perhaps its demise. (shrink)

Le texte publié par Kant en 1791, ayant comme thème l’insuccès de toutes les tentatives en matière de théodicée, suscite en général peu d’intérêt. Cet article cherche à montrer que ce texte en particulier et le problème de la théodicée en général, gardent tout leur intérêt au sein de la philosophie kantienne, malgré la révolution copernicienne et peut-être en raison d’elle. Nous voudrions montrer que ce texte permet de lier la philosophie théorique — le criticisme — et la philosophie pratique, (...) et cela, autour de l’idée du mensonge, paradigme de ce qui deviendra, dans la philosophie kantienne de la religion, le mal radical. Il est alors aisé de constater que cette dernière, contrairement à une lecture tenace qui en fait une partie marginale au sein du kantisme, est indispensable pour donner du sens au projet kantien, et que la théodicée, sous sa forme authentique, réhabilitée, constitue une pièce maîtresse de cet édifice. Kant’s short text about the failure of all attempted philosophical theodicies is generally considered as a minor text. Our paper tries to show that the problem of theodicy, despite the Copernican Revolution and the condemnation of philosophical dogmatism it involves, and maybe because of this condemnation, remains a main interest in Kant, an interest which explains why this the 1791’s text should be carefully read, in order to understand the place that the new and authentic theodicy plays in Kant’s practical philosophy. Through this text, one can see the original way in which Kant manages to use the insincere character of Job’s friends in order to show how the epistemological error denounced by the first Critique becomes a moral failure, an idea which prepares the famous notion of radical evil, a central notion in Kant’s philosophy of religion. Theodicy in particular, philosophy of religion in general, can, under these considerations, be seen as important pieces in Kant’s philosophy, as important weapons against this deep pessimism, involved by the radical evil in human nature. (shrink)

We are currently witnessing a sharp rise in the use of algorithmic decision-making tools. In these instances, a new wave of policy concerns is set forth. This article strives to map out these issues, separating the wheat from the chaff. It aims to provide policy makers and scholars with a comprehensive framework for approaching these thorny issues in their various capacities. To achieve this objective, this article focuses its attention on a general analytical framework, which will be applied to a (...) specific subset of the overall discussion. The analytical framework will reduce the discussion to two dimensions, every one of which addressing two central elements. These four factors call for a distinct discussion, which is at times absent in the existing literature. The two dimensions are the specific and novel problems the process assumedly generates and the specific attributes which exacerbate them. While the problems are articulated in a variety of ways, they most likely could be reduced to two broad categories: efficiency and fairness-based concerns. In the context of this discussion, such problems are usually linked to two salient attributes the algorithmic processes feature—its opaque and automated nature. (shrink)

Kant's category of reality is an often overlooked element of his Critique of Pure Reason. Tal Glezer shows that it nevertheless belongs at the core of Kant's mature critical philosophy: it captures an issue that motivated his critical turn, shaped his theory of causation, and established the role of his philosophy of science. Glezer's study traces the roots of Kant's category of reality to early modern debates over the intelligibility of substantial forms, fueled by the tension between the idea of (...) non-extended substances and that of extended objects. This tension influenced Kant's pre-critical work, and eventually inspired his radical break towards transcendental idealism. Glezer explores the importance of reality for Kant's conceptions of cause and force, and sheds new light on his philosophy of physical science, including gravity. His book will interest scholars of Kant and of early modern philosophy, as well as historians of scientific ideas. (shrink)

ABSTRACTShould conciliating with disagreeing peers be considered sufficient for reaching rational beliefs? Thomas Kelly argues that when taken this way, Conciliationism lets those who enter into a disagreement with an irrational belief reach a rational belief all too easily. Three kinds of responses defending Conciliationism are found in the literature. One response has it that conciliation is required only of agents who have a rational belief as they enter into a disagreement. This response yields a requirement that no one should (...) follow. If the need to conciliate applies only to already rational agents, then an agent must conciliate only when her peer is the one irrational. A second response views conciliation as merely necessary for having a rational belief. This alone does little to address the central question of what is rational to believe when facing a disagreeing peer. Attempts to develop the response either reduce to the first response, or deem necessary an unnecessary doxastic revision, or imply that rational dilemmas obtain in cases where intuitively there are none. A third response tells us to weigh what our pre-disagreement evidence supports against the evidence from the disagreement itself. This invites epistemic akrasia. (shrink)

In this book, Tal S. Shamir sets out to identify cinema as a novel medium for philosophy and an important way of manifesting and developing philosophical thought. The volume presents a comprehensive analysis of the nature of philosophy's potential-or, more strongly put, its need-to be manifested cinematically. Drawing on the fields of cinema, philosophy, and media studies, Cinematic Philosophy adds film to the traditional list of ways through which philosophy can be created, concentrating on the unique potential of the cinematic (...) medium to effectively put forward and create philosophy. In the process, the book opens up innovative horizons for new types of knowledge and wisdom grounded in contemporary contexts and philosophical thought. Philosophy, best characterized as the love of wisdom, is not dependent on a specific medium nor solely situated within written text or oral lectures. Shamir asserts that philosophy can, should, and must be manifested and identified in a range of different platforms. (shrink)