Pamela C. Ronald and Raoul W. Adamchak
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780195301755
- eISBN:
- 9780199867196
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195301755.003.0006
- Subject:
- Biology, Plant Sciences and Forestry
To make decisions successfully on how to use GE for the betterment of humankind and the environment, the public will need to understand the scientific process and learn to distinguish high-quality ...
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To make decisions successfully on how to use GE for the betterment of humankind and the environment, the public will need to understand the scientific process and learn to distinguish high-quality scientific research that has stood the test of time and can largely be relied on from simple assertions or unsubstantiated rumors. This chapter provides a list of criteria that can be used to distinguish rumors from high-quality science, and determine what an established scientific ‘fact’ is, and what is still unknown.Less
To make decisions successfully on how to use GE for the betterment of humankind and the environment, the public will need to understand the scientific process and learn to distinguish high-quality scientific research that has stood the test of time and can largely be relied on from simple assertions or unsubstantiated rumors. This chapter provides a list of criteria that can be used to distinguish rumors from high-quality science, and determine what an established scientific ‘fact’ is, and what is still unknown.
James Halteman and Edd Noell
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199763702
- eISBN:
- 9780199932252
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199763702.003.0007
- Subject:
- Economics and Finance, Financial Economics
Is economics like car building or car repair? Are we working toward a finished product, or are we attempting to answer pertinent questions that arise and change from time to time? These questions are ...
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Is economics like car building or car repair? Are we working toward a finished product, or are we attempting to answer pertinent questions that arise and change from time to time? These questions are entertained in this chapter in order to explore the nature of the methods economists employ. The subjective nature of data and the relevance of predicting from past trendsis explored. The proof that rational choice analysis predicts better than any alternative process is seen to be less than definitive by typical standards of proof. Welfare economics comes closest to philosophy when it optimizes social welfare with a social welfare function, but the ramifications of that model are rarely explored. Finally, it is suggested that key questions change and economic thinking then adapts to deal with the new challenges. The vignette for this chapter looks at John Maynard Keynes and his rethinking of mainstream macroeconomics.Less
Is economics like car building or car repair? Are we working toward a finished product, or are we attempting to answer pertinent questions that arise and change from time to time? These questions are entertained in this chapter in order to explore the nature of the methods economists employ. The subjective nature of data and the relevance of predicting from past trendsis explored. The proof that rational choice analysis predicts better than any alternative process is seen to be less than definitive by typical standards of proof. Welfare economics comes closest to philosophy when it optimizes social welfare with a social welfare function, but the ramifications of that model are rarely explored. Finally, it is suggested that key questions change and economic thinking then adapts to deal with the new challenges. The vignette for this chapter looks at John Maynard Keynes and his rethinking of mainstream macroeconomics.
Terence Cuneo
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780199218837
- eISBN:
- 9780191711749
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199218837.001.0001
- Subject:
- Philosophy, Moral Philosophy
Antirealist views about morality claim that moral facts do not exist. An interesting question to raise about these views is whether they imply that other types of normative facts, such as epistemic ...
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Antirealist views about morality claim that moral facts do not exist. An interesting question to raise about these views is whether they imply that other types of normative facts, such as epistemic facts, do not exist. This book develops the argument that they do. That is, it contends that moral and epistemic facts are sufficiently similar that, if moral facts do not exist, then epistemic facts also do not exist. But epistemic facts (facts that concern reasons for belief), it is argued, do exist. So, moral facts also exist. And if moral facts exist, then moral realism is true. This argument provides not simply a defence of a robustly realist view of ethics, but a positive argument for this position. In so doing, it engages with sophisticated sceptical positions in epistemology, such as error theories, expressivist views, and reductionist views of epistemic reasons. These positions, it is claimed, come at a high theoretical cost. It follows that realism about both epistemic and moral facts is a position that we should find highly attractive.Less
Antirealist views about morality claim that moral facts do not exist. An interesting question to raise about these views is whether they imply that other types of normative facts, such as epistemic facts, do not exist. This book develops the argument that they do. That is, it contends that moral and epistemic facts are sufficiently similar that, if moral facts do not exist, then epistemic facts also do not exist. But epistemic facts (facts that concern reasons for belief), it is argued, do exist. So, moral facts also exist. And if moral facts exist, then moral realism is true. This argument provides not simply a defence of a robustly realist view of ethics, but a positive argument for this position. In so doing, it engages with sophisticated sceptical positions in epistemology, such as error theories, expressivist views, and reductionist views of epistemic reasons. These positions, it is claimed, come at a high theoretical cost. It follows that realism about both epistemic and moral facts is a position that we should find highly attractive.
Michelle T. Grando
- Published in print:
- 2009
- Published Online:
- May 2010
- ISBN:
- 9780199572649
- eISBN:
- 9780191722103
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572649.001.0001
- Subject:
- Law, Public International Law
This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e., the process of ...
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This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e., the process of fact-finding or process of proof. The Dispute Settlement Understanding provides general guidance but few direct answers to specific questions regarding the process of fact-finding, which has placed upon panels and the Appellate Body the responsibility to provide answers to those questions as they have arisen in the cases. This book reviews the extensive jurisprudence developed in the 14 years of operation of the WTO dispute settlement system with a view to (a) determining whether panels and the Appellate Body have set out optimal rules to govern the process of fact-finding and, to the extent that that is not the case; and (b) to make suggestions for improvement. This book analyses questions such as: (i) Which party bears the responsibility of ultimately convincing the panel of the truth of a fact (burden of proof)?; (ii) What quantum of proof is necessary to convince the panel (standard of proof)?; (iii) The role of the panel, disputing parties, and non-disputing parties (e.g,. experts, international organizations, private parties) in the development of the evidentiary record on which the panel bases its decision; (iv) The consequences of a party's failure to cooperate in the process of fact-finding; (v) How the parties can access the information which is necessary to prove their allegations; and (vi) The treatment of confidential business and governmental information. In assessing and making suggestions to improve the answers provided by panels to these questions, the book draws on the approaches followed in the two major legal systems of the world — the common law and the civil law — and to the extent possible, the approaches adopted by other international courts and tribunals.Less
This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e., the process of fact-finding or process of proof. The Dispute Settlement Understanding provides general guidance but few direct answers to specific questions regarding the process of fact-finding, which has placed upon panels and the Appellate Body the responsibility to provide answers to those questions as they have arisen in the cases. This book reviews the extensive jurisprudence developed in the 14 years of operation of the WTO dispute settlement system with a view to (a) determining whether panels and the Appellate Body have set out optimal rules to govern the process of fact-finding and, to the extent that that is not the case; and (b) to make suggestions for improvement. This book analyses questions such as: (i) Which party bears the responsibility of ultimately convincing the panel of the truth of a fact (burden of proof)?; (ii) What quantum of proof is necessary to convince the panel (standard of proof)?; (iii) The role of the panel, disputing parties, and non-disputing parties (e.g,. experts, international organizations, private parties) in the development of the evidentiary record on which the panel bases its decision; (iv) The consequences of a party's failure to cooperate in the process of fact-finding; (v) How the parties can access the information which is necessary to prove their allegations; and (vi) The treatment of confidential business and governmental information. In assessing and making suggestions to improve the answers provided by panels to these questions, the book draws on the approaches followed in the two major legal systems of the world — the common law and the civil law — and to the extent possible, the approaches adopted by other international courts and tribunals.
Maria Alvarez
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199550005
- eISBN:
- 9780191720239
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199550005.001.0001
- Subject:
- Philosophy, Moral Philosophy, Philosophy of Mind
Understanding human beings and their distinctive rational and volitional capacities is one of the central tasks of philosophy. The task requires a clear account of such things as reasons, desires, ...
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Understanding human beings and their distinctive rational and volitional capacities is one of the central tasks of philosophy. The task requires a clear account of such things as reasons, desires, emotions, and motives, and of how they combine to produce and explain human behaviour. Kinds of Reasons offers a fresh and incisive treatment of these issues, focusing in particular on reasons as they feature in contexts of agency. The account offered builds on some important recent work in the area; but it takes its main inspiration from the tradition that receives its seminal contemporary expression in the writings of G. E. M. Anscombe, a tradition that runs counter to the broadly Humean orthodoxy that has dominated the theory of action for the past forty years. The book offers an alternative to the Humean view that our reason for acting are mental states: it explains and develops a distinctive version of the view that our reasons for acting are facts, and defends it against difficulties that have been thought to be insurmountable. In addition, it proposes an account of the relation between reasons and desires, and of the role these play in practical reasoning and in the explanation of action.Less
Understanding human beings and their distinctive rational and volitional capacities is one of the central tasks of philosophy. The task requires a clear account of such things as reasons, desires, emotions, and motives, and of how they combine to produce and explain human behaviour. Kinds of Reasons offers a fresh and incisive treatment of these issues, focusing in particular on reasons as they feature in contexts of agency. The account offered builds on some important recent work in the area; but it takes its main inspiration from the tradition that receives its seminal contemporary expression in the writings of G. E. M. Anscombe, a tradition that runs counter to the broadly Humean orthodoxy that has dominated the theory of action for the past forty years. The book offers an alternative to the Humean view that our reason for acting are mental states: it explains and develops a distinctive version of the view that our reasons for acting are facts, and defends it against difficulties that have been thought to be insurmountable. In addition, it proposes an account of the relation between reasons and desires, and of the role these play in practical reasoning and in the explanation of action.
Keith Hossack
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780199206728
- eISBN:
- 9780191709777
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199206728.001.0001
- Subject:
- Philosophy, Metaphysics/Epistemology
This book presents the thesis that knowledge is an absolutely fundamental relation, with an indispensable role to play in metaphysics, philosophical logic, and philosophy of mind and language. ...
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This book presents the thesis that knowledge is an absolutely fundamental relation, with an indispensable role to play in metaphysics, philosophical logic, and philosophy of mind and language. Knowledge has been generally assumed to be a propositional attitude like belief. But this book argues that knowledge is not a relation to a content; rather, it's a relation to a fact. This point of view allows us to explain many of the concepts of philosophical logic in terms of knowledge. The book provides a theory of facts as structured combinations of particulars and universals, and presents a theory of content as the property of a mental act that determines its value for getting knowledge. It also defends a theory of representation in which the conceptual structure of content is taken to picture the fact it represents. This permits definitions to be given of reference, truth, and necessity in terms of knowledge. Turning to the metaphysics of mind and language, the book argues that a conscious state is one that is identical with knowledge of its own occurrence. This allows us to characterize subjectivity, and, by illuminating the ‘I’-concept, allows us to gain a better understanding of the concept of a person. Language is then explained in terms of knowledge, as a device used by a community of persons for exchanging knowledge by testimony. The book concludes that knowledge is too fundamental to be constituted by something else, such as one's functional or physical state; other things may cause knowledge, but do not constitute it.Less
This book presents the thesis that knowledge is an absolutely fundamental relation, with an indispensable role to play in metaphysics, philosophical logic, and philosophy of mind and language. Knowledge has been generally assumed to be a propositional attitude like belief. But this book argues that knowledge is not a relation to a content; rather, it's a relation to a fact. This point of view allows us to explain many of the concepts of philosophical logic in terms of knowledge. The book provides a theory of facts as structured combinations of particulars and universals, and presents a theory of content as the property of a mental act that determines its value for getting knowledge. It also defends a theory of representation in which the conceptual structure of content is taken to picture the fact it represents. This permits definitions to be given of reference, truth, and necessity in terms of knowledge. Turning to the metaphysics of mind and language, the book argues that a conscious state is one that is identical with knowledge of its own occurrence. This allows us to characterize subjectivity, and, by illuminating the ‘I’-concept, allows us to gain a better understanding of the concept of a person. Language is then explained in terms of knowledge, as a device used by a community of persons for exchanging knowledge by testimony. The book concludes that knowledge is too fundamental to be constituted by something else, such as one's functional or physical state; other things may cause knowledge, but do not constitute it.
Galen Strawson
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780199267422
- eISBN:
- 9780191708343
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199267422.003.0018
- Subject:
- Philosophy, Philosophy of Mind, Metaphysics/Epistemology
Some think the regularity theory of causation must be true. They argue that the regularity of the world must in the end be a ‘brute’ fact, something for which there is no reason or explanation. This ...
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Some think the regularity theory of causation must be true. They argue that the regularity of the world must in the end be a ‘brute’ fact, something for which there is no reason or explanation. This chapter argues that the sense in which regularity must be ‘brute’ does not support the regularity theory of causation. This is fortunate, since to say that regularity is all there is to causation is to say that the regularity of the world is — aeon after aeon — a continuous fluke or chance matter, which is crazy.Less
Some think the regularity theory of causation must be true. They argue that the regularity of the world must in the end be a ‘brute’ fact, something for which there is no reason or explanation. This chapter argues that the sense in which regularity must be ‘brute’ does not support the regularity theory of causation. This is fortunate, since to say that regularity is all there is to causation is to say that the regularity of the world is — aeon after aeon — a continuous fluke or chance matter, which is crazy.
Maria Alvarez
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199550005
- eISBN:
- 9780191720239
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199550005.003.0001
- Subject:
- Philosophy, Moral Philosophy, Philosophy of Mind
The Introduction sets out the aim of the book, which is to contribute to a better understanding of reasons in the context of human action. Some of the questions the book addresses are: What are ...
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The Introduction sets out the aim of the book, which is to contribute to a better understanding of reasons in the context of human action. Some of the questions the book addresses are: What are reasons? Are there different kinds of reasons? Are reasons beliefs and desires? If not, how are they related to beliefs and desires? And what role do these play in motivating and explaining actions?It outlines three basic claims which underpin some of the major views and arguments defended in the book: that all reasons are facts; that discussions about reasons have been afflicted by an act/object ambiguity inherent in the terms ‘belief’ and ‘desire’; and that in understanding actions performed for a reason, we need to distinguish between motivation and explanation; that is, between the task of identifying and characterizing what motivates an agent, and what explains his action. The Introduction also lays out some of the main doctrines defended in the book—outlined in the following chapter summaries.Less
The Introduction sets out the aim of the book, which is to contribute to a better understanding of reasons in the context of human action. Some of the questions the book addresses are: What are reasons? Are there different kinds of reasons? Are reasons beliefs and desires? If not, how are they related to beliefs and desires? And what role do these play in motivating and explaining actions?
It outlines three basic claims which underpin some of the major views and arguments defended in the book: that all reasons are facts; that discussions about reasons have been afflicted by an act/object ambiguity inherent in the terms ‘belief’ and ‘desire’; and that in understanding actions performed for a reason, we need to distinguish between motivation and explanation; that is, between the task of identifying and characterizing what motivates an agent, and what explains his action.
The Introduction also lays out some of the main doctrines defended in the book—outlined in the following chapter summaries.
Stephen Neale
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199247158
- eISBN:
- 9780191598081
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199247153.001.0001
- Subject:
- Philosophy, Philosophy of Language
This book is an original examination of attempts to dislodge a cornerstone of modern philosophy: the idea that our thoughts and utterances are representations of slices of reality. Representations ...
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This book is an original examination of attempts to dislodge a cornerstone of modern philosophy: the idea that our thoughts and utterances are representations of slices of reality. Representations that are accurate are usually said to be true, to correspond to the facts—this is the foundation of correspondence theories of truth. A number of prominent philosophers have tried to undermine the idea that propositions, facts, and correspondence can play any useful role in philosophy, and formal arguments have been advanced to demonstrate that, under seemingly uncontroversial conditions, such entities collapse into an undifferentiated unity. The demise of individual facts is meant to herald the dawn of a new era in philosophy, in which debates about scepticism, realism, subjectivity, representational and computational theories of mind, possible worlds, and divergent conceptual schemes that represent reality in different ways to different persons, periods, or cultures evaporate through lack of subject matter. By carefully untangling a host of intersecting metaphysical, epistemological, semantic, and logical issues, and providing original analyses of key aspects of the work of Donald Davidson, Gottlob Frege, Bertrand Russell, and Kurt Gödel (to each of whom a chapter is dedicated), Stephen Neale demonstrates that arguments for the collapse of facts are considerably more complex and interesting than ever imagined. A number of deep semantic facts emerge along with a powerful proof: while it is technically possible to avoid the collapse of facts, rescue the idea of representations of reality, and thereby face anew the problems raised by the sceptic or the relativist, doing so requires making some tough semantic decisions about predicates and descriptions. It is simply impossible, Neale shows, to invoke representations, facts, states, or propositions without making hard choices—choices that may send many philosophers scurrying back to the drawing board. The book will be crucial to future work in metaphysics, the philosophy of language and mind, and logic, and will have profound implications far beyond.Less
This book is an original examination of attempts to dislodge a cornerstone of modern philosophy: the idea that our thoughts and utterances are representations of slices of reality. Representations that are accurate are usually said to be true, to correspond to the facts—this is the foundation of correspondence theories of truth. A number of prominent philosophers have tried to undermine the idea that propositions, facts, and correspondence can play any useful role in philosophy, and formal arguments have been advanced to demonstrate that, under seemingly uncontroversial conditions, such entities collapse into an undifferentiated unity. The demise of individual facts is meant to herald the dawn of a new era in philosophy, in which debates about scepticism, realism, subjectivity, representational and computational theories of mind, possible worlds, and divergent conceptual schemes that represent reality in different ways to different persons, periods, or cultures evaporate through lack of subject matter. By carefully untangling a host of intersecting metaphysical, epistemological, semantic, and logical issues, and providing original analyses of key aspects of the work of Donald Davidson, Gottlob Frege, Bertrand Russell, and Kurt Gödel (to each of whom a chapter is dedicated), Stephen Neale demonstrates that arguments for the collapse of facts are considerably more complex and interesting than ever imagined. A number of deep semantic facts emerge along with a powerful proof: while it is technically possible to avoid the collapse of facts, rescue the idea of representations of reality, and thereby face anew the problems raised by the sceptic or the relativist, doing so requires making some tough semantic decisions about predicates and descriptions. It is simply impossible, Neale shows, to invoke representations, facts, states, or propositions without making hard choices—choices that may send many philosophers scurrying back to the drawing board. The book will be crucial to future work in metaphysics, the philosophy of language and mind, and logic, and will have profound implications far beyond.
Catherine Osborne
- Published in print:
- 2007
- Published Online:
- May 2008
- ISBN:
- 9780199282067
- eISBN:
- 9780191712944
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199282067.003.0010
- Subject:
- Philosophy, Ancient Philosophy
This brief chapter draws out the implications of the earlier chapters, particularly in respect of the fact that even where it appears that morality is responsive to natural facts which can be ...
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This brief chapter draws out the implications of the earlier chapters, particularly in respect of the fact that even where it appears that morality is responsive to natural facts which can be determined first by biology, in reality there are no such facts, and their relevance is not given in nature. The relevance of certain facts is determined by our moral outlook, and different moral outlooks seem to be available. However, the chapter suggests that not all moral outlooks are equally sound. This is not because one is more true to some independent facts of nature, but one is more true to independent facts of moral truth, about the more noble and generous outlook towards our fellow creatures; this is where the distinction between the humane and the sentimental is drawn.Less
This brief chapter draws out the implications of the earlier chapters, particularly in respect of the fact that even where it appears that morality is responsive to natural facts which can be determined first by biology, in reality there are no such facts, and their relevance is not given in nature. The relevance of certain facts is determined by our moral outlook, and different moral outlooks seem to be available. However, the chapter suggests that not all moral outlooks are equally sound. This is not because one is more true to some independent facts of nature, but one is more true to independent facts of moral truth, about the more noble and generous outlook towards our fellow creatures; this is where the distinction between the humane and the sentimental is drawn.
Bede Rundle
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199575114
- eISBN:
- 9780191722349
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199575114.001.0001
- Subject:
- Philosophy, Metaphysics/Epistemology
This book engages with major philosophical questions concerning time and space — a framework for the investigation being provided by the debate between the absolutists and the relationists, so ...
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This book engages with major philosophical questions concerning time and space — a framework for the investigation being provided by the debate between the absolutists and the relationists, so between Newton and Leibniz, and their followers. The investigation brings to the fore questions of the nature and reality of time and space, and leads on to more recent debates, as those relating to their possible infinitude, to anti-realism, time travel, temporal parts, geometry, convention, and the direction of time. These in turn raise more general issues, issues involving such concepts as those of identity, objectivity, causation, facts, and verifiability. Their examination falls within metaphysics, thought of as the investigation and analysis of fundamental philosophical concepts, but there is also metaphysics of a more contentious character, where the subject-matter is provided by propositions which transcend what can be known either through experience or by pure reasoning. In this connection, a central aim is to show how, without dismissing them as nonsensical, we may arrive at a fruitful interpretation of such propositions. While the focus of the work is not primarily on issues which presume an understanding of physical theory, it is hoped that the arguments developed will throw some light on relevant scientific concerns.Less
This book engages with major philosophical questions concerning time and space — a framework for the investigation being provided by the debate between the absolutists and the relationists, so between Newton and Leibniz, and their followers. The investigation brings to the fore questions of the nature and reality of time and space, and leads on to more recent debates, as those relating to their possible infinitude, to anti-realism, time travel, temporal parts, geometry, convention, and the direction of time. These in turn raise more general issues, issues involving such concepts as those of identity, objectivity, causation, facts, and verifiability. Their examination falls within metaphysics, thought of as the investigation and analysis of fundamental philosophical concepts, but there is also metaphysics of a more contentious character, where the subject-matter is provided by propositions which transcend what can be known either through experience or by pure reasoning. In this connection, a central aim is to show how, without dismissing them as nonsensical, we may arrive at a fruitful interpretation of such propositions. While the focus of the work is not primarily on issues which presume an understanding of physical theory, it is hoped that the arguments developed will throw some light on relevant scientific concerns.
H. L. Ho
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199228300
- eISBN:
- 9780191711336
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199228300.001.0001
- Subject:
- Law, Philosophy of Law, Criminal Law and Criminology
The dominant approach to evaluating the law of evidence takes the standpoint of a detached observer and focuses on how the trial system should be structured to guard against the production of wrong ...
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The dominant approach to evaluating the law of evidence takes the standpoint of a detached observer and focuses on how the trial system should be structured to guard against the production of wrong verdicts. This book offers a different account from the perspective of the person responsible for making findings of fact. From that angle, complex and intertwining ethical and epistemic considerations come into view. After setting the stage with an introduction to general aspects of fact-finding and an analysis of the epistemology of trial deliberation, the two approaches are applied to three core areas of evidence law: the standards of proof, the rules on hearsay, and ‘similar facts’ (or, as it is also called, ‘previous misconduct’ or ‘other crimes, wrongs, or acts’). The author argues that it is only by exploring the nature and content of deliberative responsibility that the role and purpose of much of the law can be fully understood. In many cases, values other than truth have to be respected, not simply as side-constraints on, but as values which are internal to legal fact-finding. A party does not merely have a right to have the substantive law correctly applied to true findings of fact; she has, more broadly, a right to a just verdict, where justice incorporates an ethical evaluation of the reasoning process which led to the verdict and is conceived as a relational concept that stresses the virtue of emphatic care. There is an important sense in which the court must not only find the truth to do justice, it must do justice in finding the truth.Less
The dominant approach to evaluating the law of evidence takes the standpoint of a detached observer and focuses on how the trial system should be structured to guard against the production of wrong verdicts. This book offers a different account from the perspective of the person responsible for making findings of fact. From that angle, complex and intertwining ethical and epistemic considerations come into view. After setting the stage with an introduction to general aspects of fact-finding and an analysis of the epistemology of trial deliberation, the two approaches are applied to three core areas of evidence law: the standards of proof, the rules on hearsay, and ‘similar facts’ (or, as it is also called, ‘previous misconduct’ or ‘other crimes, wrongs, or acts’). The author argues that it is only by exploring the nature and content of deliberative responsibility that the role and purpose of much of the law can be fully understood. In many cases, values other than truth have to be respected, not simply as side-constraints on, but as values which are internal to legal fact-finding. A party does not merely have a right to have the substantive law correctly applied to true findings of fact; she has, more broadly, a right to a just verdict, where justice incorporates an ethical evaluation of the reasoning process which led to the verdict and is conceived as a relational concept that stresses the virtue of emphatic care. There is an important sense in which the court must not only find the truth to do justice, it must do justice in finding the truth.
Michelle T Grando
- Published in print:
- 2009
- Published Online:
- May 2010
- ISBN:
- 9780199572649
- eISBN:
- 9780191722103
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572649.003.0005
- Subject:
- Law, Public International Law
This chapter examines how the facts of a case are established, particularly how the record of the proceedings is formed and what the role of the panel and the parties is in that process. The chapter ...
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This chapter examines how the facts of a case are established, particularly how the record of the proceedings is formed and what the role of the panel and the parties is in that process. The chapter is divided into two main parts. Section I discusses the role of the panel as a reviewer; it explains the limitations that are associated with this role in the context of challenges to domestic trade remedy investigations. It argues that, notwithstanding the views of some commentators, the same restrictions do not apply in cases brought before a panel under the sanitary and phytosanitary (SPS) and technical barriers to trade (TBT) agreements, where the panel acts as the original-trier-of-facts. Section II focuses on the role of the panel as the original-trier-of-facts. It examines how the factual record on which the panel bases its rulings is developed.Less
This chapter examines how the facts of a case are established, particularly how the record of the proceedings is formed and what the role of the panel and the parties is in that process. The chapter is divided into two main parts. Section I discusses the role of the panel as a reviewer; it explains the limitations that are associated with this role in the context of challenges to domestic trade remedy investigations. It argues that, notwithstanding the views of some commentators, the same restrictions do not apply in cases brought before a panel under the sanitary and phytosanitary (SPS) and technical barriers to trade (TBT) agreements, where the panel acts as the original-trier-of-facts. Section II focuses on the role of the panel as the original-trier-of-facts. It examines how the factual record on which the panel bases its rulings is developed.
Michelle T Grando
- Published in print:
- 2009
- Published Online:
- May 2010
- ISBN:
- 9780199572649
- eISBN:
- 9780191722103
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572649.003.0006
- Subject:
- Law, Public International Law
The book concludes that many of the rules governing the process of fact-finding in WTO dispute settlement are not optimally designed. This concluding chapter reviews the main findings in this regard ...
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The book concludes that many of the rules governing the process of fact-finding in WTO dispute settlement are not optimally designed. This concluding chapter reviews the main findings in this regard and puts forward suggestions for improving different aspects of the process of fact-finding, including a brief note on how such suggestions could be implemented.Less
The book concludes that many of the rules governing the process of fact-finding in WTO dispute settlement are not optimally designed. This concluding chapter reviews the main findings in this regard and puts forward suggestions for improving different aspects of the process of fact-finding, including a brief note on how such suggestions could be implemented.
Allan C. Hutchinson
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195343250
- eISBN:
- 9780199867752
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195343250.001.0001
- Subject:
- Law, Philosophy of Law
This book explores the implications of taking a vigorously democratic approach to issues of traditional legal theory. Allan C. Hutchinson introduces the democratic vision and examines the ...
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This book explores the implications of taking a vigorously democratic approach to issues of traditional legal theory. Allan C. Hutchinson introduces the democratic vision and examines the complementary philosophy of a Dewey-inspired pragmatism. This is followed by an examination from a pragmatic perspective of the dominant theories of analytical jurisprudence in both their positivist and naturalist forms. The book emphasizes the contested concepts of “truth”, “facts”, and “law/morality relation” and explores what a more uncompromising democratic/pragmatic agenda for law and legal theory would entail. The author's intent is to contribute to the shift away from a technical and elite philosophical approach to jurisprudence to a more democratic engagement. It advances and follows through on the critical claim that there is no position of theoretical or political innocence. Like the law it seeks to illuminate, legal theory must recognize its own political and social setting as well as its own responsibilities. Moreover, whatever else democracy might entail or imply, it opposes elite rule whether by autocrats, functionaries or theorists, however enlightened or principled their proposals or interventions may be: authority must come from below, not above.Less
This book explores the implications of taking a vigorously democratic approach to issues of traditional legal theory. Allan C. Hutchinson introduces the democratic vision and examines the complementary philosophy of a Dewey-inspired pragmatism. This is followed by an examination from a pragmatic perspective of the dominant theories of analytical jurisprudence in both their positivist and naturalist forms. The book emphasizes the contested concepts of “truth”, “facts”, and “law/morality relation” and explores what a more uncompromising democratic/pragmatic agenda for law and legal theory would entail. The author's intent is to contribute to the shift away from a technical and elite philosophical approach to jurisprudence to a more democratic engagement. It advances and follows through on the critical claim that there is no position of theoretical or political innocence. Like the law it seeks to illuminate, legal theory must recognize its own political and social setting as well as its own responsibilities. Moreover, whatever else democracy might entail or imply, it opposes elite rule whether by autocrats, functionaries or theorists, however enlightened or principled their proposals or interventions may be: authority must come from below, not above.
Austen Clark
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198236801
- eISBN:
- 9780191679360
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198236801.001.0001
- Subject:
- Philosophy, Philosophy of Mind
Many philosophers doubt that one can provide any successful explanation of sensory qualities — of how things look, feel, or seem to a perceiving subject. To provide such an explanation, one would ...
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Many philosophers doubt that one can provide any successful explanation of sensory qualities — of how things look, feel, or seem to a perceiving subject. To provide such an explanation, one would need to explain qualitative facts in non-qualitative terms. Attempts to construct such explanations have seemed, in principle, doomed. This book examines the strategy used in psychophysics, psychometrics, and sensory neurophysiology to explain qualitative facts. It argues that this strategy could succeed: its structure is sound, and it can answer the various philosophical objections lodged against it. On this basis, this book presents an analysis of senosry qualities that offers the possibility of explaining at least some qualia, and it sketches how this scheme might eventually reduce to neurophysiology. If the book is correct, we are not doomed to an eternity of mere acquaintance with our qualia.Less
Many philosophers doubt that one can provide any successful explanation of sensory qualities — of how things look, feel, or seem to a perceiving subject. To provide such an explanation, one would need to explain qualitative facts in non-qualitative terms. Attempts to construct such explanations have seemed, in principle, doomed. This book examines the strategy used in psychophysics, psychometrics, and sensory neurophysiology to explain qualitative facts. It argues that this strategy could succeed: its structure is sound, and it can answer the various philosophical objections lodged against it. On this basis, this book presents an analysis of senosry qualities that offers the possibility of explaining at least some qualia, and it sketches how this scheme might eventually reduce to neurophysiology. If the book is correct, we are not doomed to an eternity of mere acquaintance with our qualia.
Michael Tooley
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198250746
- eISBN:
- 9780191598623
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198250746.001.0001
- Subject:
- Philosophy, Metaphysics/Epistemology
Defends a dynamic, or tensed, conception of time, according to which the past and the present are real while the future is not. This conception differs from traditional tensed views, according to ...
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Defends a dynamic, or tensed, conception of time, according to which the past and the present are real while the future is not. This conception differs from traditional tensed views, according to which tensed facts are more basic than tenseless ones; on the contrary, tensed facts reduce to tenseless ones.The conception of time defended is supported by arguments from causation: there can be causation only in a world where the past and the present are real, while the future is not.Further, the direction of time can be defined by the direction of causation, and causation can be used to analyse temporal relations such as the relations of simultaneity and temporal priority.The dynamic conception of time developed is contrasted with alternative views and defended against numerous philosophical objections.It is also defended against implications of the Special Theory of Relativity: A modified version of the Special Theory of Relativity that allows for absolute simultaneity is suggested.Less
Defends a dynamic, or tensed, conception of time, according to which the past and the present are real while the future is not. This conception differs from traditional tensed views, according to which tensed facts are more basic than tenseless ones; on the contrary, tensed facts reduce to tenseless ones.
The conception of time defended is supported by arguments from causation: there can be causation only in a world where the past and the present are real, while the future is not.
Further, the direction of time can be defined by the direction of causation, and causation can be used to analyse temporal relations such as the relations of simultaneity and temporal priority.
The dynamic conception of time developed is contrasted with alternative views and defended against numerous philosophical objections.
It is also defended against implications of the Special Theory of Relativity: A modified version of the Special Theory of Relativity that allows for absolute simultaneity is suggested.
A. N. Prior
P. T. Geach and A. J. P. Kenny (eds)
- Published in print:
- 1971
- Published Online:
- October 2011
- ISBN:
- 9780198243540
- eISBN:
- 9780191680694
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198243540.001.0001
- Subject:
- Philosophy, Logic/Philosophy of Mathematics, Philosophy of Language
This book is divided into two parts. The first concentrates on the logical properties of propositions, their relation to facts and sentences, and the parallel objects of commands and questions. The ...
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This book is divided into two parts. The first concentrates on the logical properties of propositions, their relation to facts and sentences, and the parallel objects of commands and questions. The second part examines theories of intentionality and discusses the relationship between different theories of naming and different accounts of belief.Less
This book is divided into two parts. The first concentrates on the logical properties of propositions, their relation to facts and sentences, and the parallel objects of commands and questions. The second part examines theories of intentionality and discusses the relationship between different theories of naming and different accounts of belief.
Michael Potter
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199215836
- eISBN:
- 9780191721243
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199215836.003.0015
- Subject:
- Philosophy, Logic/Philosophy of Mathematics
This chapter begins with a discussion of disjunctive facts, speculating on the reasons for Wittgenstein's reluctance to countenance disjunctive facts. It then discusses negative facts, summing facts, ...
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This chapter begins with a discussion of disjunctive facts, speculating on the reasons for Wittgenstein's reluctance to countenance disjunctive facts. It then discusses negative facts, summing facts, general facts, and logical data.Less
This chapter begins with a discussion of disjunctive facts, speculating on the reasons for Wittgenstein's reluctance to countenance disjunctive facts. It then discusses negative facts, summing facts, general facts, and logical data.
Lorraine Code
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195159431
- eISBN:
- 9780199786411
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195159438.003.0004
- Subject:
- Philosophy, Feminist Philosophy
In this chapter, an analysis of “statements of fact” in two domains of natural knowledge-making — medicine and law — shows how they enact sedimented assumptions about women, blacks, and other ...
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In this chapter, an analysis of “statements of fact” in two domains of natural knowledge-making — medicine and law — shows how they enact sedimented assumptions about women, blacks, and other so-called social minorities. Hence, judgments and diagnoses alike reproduce structures of asymmetrical social power and privilege. The analysis recommends a negotiated empiricism: an empirically based and evidence-respecting position that takes observational evidence seriously, yet contends that evidence does not speak for itself in its claims to count as evidence or in its meanings and implications. The argument shows how experiential, testimonial reports claim an enhanced, if not uncontested, credibility and authority in this approach to knowledge. The chapter concludes with a critical reading of Donna Haraway’s “situated knowledges” as a principal contributor to the conceptual apparatus that frames ecological thinking.Less
In this chapter, an analysis of “statements of fact” in two domains of natural knowledge-making — medicine and law — shows how they enact sedimented assumptions about women, blacks, and other so-called social minorities. Hence, judgments and diagnoses alike reproduce structures of asymmetrical social power and privilege. The analysis recommends a negotiated empiricism: an empirically based and evidence-respecting position that takes observational evidence seriously, yet contends that evidence does not speak for itself in its claims to count as evidence or in its meanings and implications. The argument shows how experiential, testimonial reports claim an enhanced, if not uncontested, credibility and authority in this approach to knowledge. The chapter concludes with a critical reading of Donna Haraway’s “situated knowledges” as a principal contributor to the conceptual apparatus that frames ecological thinking.
