Conviction Narrative Theory (CNT) is a theory of choice underradical uncertainty– situations where outcomes cannot be enumerated and probabilities cannot be assigned. Whereas most theories of choice assume that people rely on (potentially biased) probabilistic judgments, such theories cannot account for adaptive decision-making when probabilities cannot be assigned. CNT proposes that people usenarratives– structured representations of causal, temporal, analogical, and valence relationships – rather than probabilities, as the currency of thought that unifies our sense-making and decision-making faculties. According to (...) CNT, narratives arise from the interplay between individual cognition and the social environment, with reasoners adopting a narrative that feels “right” to explain the available data; using that narrative to imagine plausible futures; and affectively evaluating those imagined futures to make a choice. Evidence from many areas of the cognitive, behavioral, and social sciences supports this basic model, including lab experiments, interview studies, and econometric analyses. We identify 12 propositions to explain how the mental representations (narratives) interact with four inter-related processes (explanation, simulation, affective evaluation, and communication), examining the theoretical and empirical basis for each. We conclude by discussing how CNT can provide a common vocabulary for researchers studying everyday choices across areas of the decision sciences. (shrink)

A short paper presented before the Fellows of the Center for the Study of Democratic Institutions during the academic year 1969-70, with an Introductory Note written nearly 50 years later. The paper describes the author's enduring personal philosophical precept; it is also an implicit encomium to individuals whose psychology establishes a dependable bridge between their rational convictions and their conduct.

What role should a citizen's religious convictions play in her political activities? Is she, for example, permitted to decide on the basis of her religious convictions to support laws that criminalize abortion or discourage homosexual relations? Christopher Eberle is deeply at odds with the dominant orthodoxy among political theorists about the relation of religion and politics. His argument is that a citizen may responsibly ground her political commitments on religious beliefs, even if her only reasons for her political commitments are (...) religious in nature. His ideal of citizenship allows citizens to engage in politics without privatizing their religious commitments, and yet does not license mindless and intransigent sectarianism. An inherently controversial book that offers a substantial challenge to political liberalism, it will be read by students and professionals in philosophy, political science, law and religious studies, and general readers seeking insight into the relationship between religious commitments and liberal politics. (shrink)

In his overview of recent work on intellectual humility, Nathan Ballantyne (2021) highlights some of the potential ‘dark sides’ of intellectual humility (IH) and calls for a critical study of the ‘value-theory’ of IH. In this article, we sketch out three ways that IH may threaten political conviction. We end our response by arguing that some forms of IH include different kinds of quietism about political convictions, which do not necessarily equate with a lack of conviction.

People’s feelings about political issues are often experienced as moral convictions, that is, as rooted in beliefs about right and wrong, morality and immorality. The authors tested and found that morally convicted policy preferences are associated with positive as well as negative emotions among policy supporters and opponents, respectively, and that positive and negative emotions partially mediate the effects of moral convictions on relevant behavioral intentions (i.e., willingness to engage in activism).

In this paper, I examine critically Kimberley Brownlee’s descriptive criteria for identifying when a person has a conscientious moral conviction. Then, I contrast her conception of conscience with other ideas of conscience, including a religious conception, a relativist conception, and those of Butler and Kant. The concepts examined here are central in her argument that, if civil disobedience is grounded in citizens’ conscience-based conscientious convictions, then it deserves legal and moral protection.

How far may Americans properly rely on their religious beliefs when they make and defend political decisions? For example, are ordinary citizens or legislators doing something wrong when they consciously allow their decisions respecting abortion laws to be determined by their religious views? Despite its intense contemporary relevance, the full dimensions of this issue have until now not been thoroughly examined. Religious Convictions and Political Choice represents the first attempt to fill this gap. Beginning with an account of the basic (...) premises of our liberal democracy, Greenawalt moves to a comparison between rational secular grounds of decision and grounds based on religious convictions. He discusses particular issues such as animal rights and abortion, showing how religious convictions can bear on an individual's decisions about them, and inquires whether reliance on such convictions is compatible with liberal democratic premises. In conclusion, he argues that citizens cannot be expected to rely exclusively on rational, secular grounds. (shrink)

Thanks to Michel Foucault, Jeremy Bentham's panopticon has become the iconic modern prison. But Foucault and most of his readers neglect the fact that a significant proportion of Bentham's panoptical writings were concerned with critically contrasting his ideal prison with the reality of penal transportation to New South Wales. Among his many criticisms, Bentham focussed particular attention on the problem of convict reform, arguing that surveillance was necessary to ensure genuine reformation, and that such surveillance was impossible in the open (...) prison of New South Wales. This connection between reformation and surveillance was a pervasive feature of Bentham's thought, reflected in his ideas for a centralised information state as well as his wider corpus on criminal justice. In this paper, I historicise Bentham's theory of reformative surveillance, and argue that Bentham, writing from London, misunderstood the importance of surveillance to the penal colony. At least in theory, convicts in New South Wales were subject to extensive systems of surveillance, and the failure of these systems in practice point to the limitations of Bentham's own, largely hypothetical, plans. (shrink)

Epistemic injustice occurs when we fail to appropriately respect others as epistemic agents. Philosophers building on the work of Miranda Fricker, who introduced the concept, have focused on epistemic injustices involving certain social categories, particularly race and gender. Can there be epistemic injustice attached to political conviction and affiliation? I argue yes: politics can be a salient social category that draws epistemic injustice. Epistemic injustices might also be intersectional, based on the overlap of politics and some other identity category (...) like race or sex. Further, and more provocatively, I argue that political minorities in academia, in particular conservatives and libertarians, are most likely the victims of epistemic injustice on the basis of their politics. Such epistemic injustices might even be routine. Although more limited in scope and severity than other forms of epistemic injustice, political epistemic injustices in academia ought to be of special concern from a standpoint of social justice because of the academy’s central role in knowledge production and dissemination. (shrink)

Interpretations of Kant’s account of the forms of “taking-to-be-true” (Fürwahrhalten) have generally focused on three such forms: opinion (Meinung), belief (Glaube), and knowledge (Wissen). A second distinction that has received comparatively less attention is that between conviction (Überzeugung) and persuasion (Überredung). Kant appears to use the distinction between the subjective and the objective sufficiency of a taking-to-be-true to characterize all of these forms. However, it is impossible to account for the differences between them by relying on this latter distinction (...) alone. In turn, this makes it difficult to fit all of these forms into a single classification of taking-to-be-true. In this chapter, I propose a new approach to conviction and persuasion that dissolves these problems. Conviction and persuasion are not single forms of taking-to-be-true with distinctive characteristics, yet it is not useful to treat them as “classes” of taking-to-be-true either. Rather, they are “operators” that determine whether a taking-to-be-true is apt or inapt, depending on whether it rests on a correct evaluation of the grounds we have. (shrink)

Di Bello and O’Neil argue that innocent defendants in criminal trials have a right to not be exposed to a greater risk of false conviction than other innocent defendants facing similar charges. They argue that this right is violated when profile evidence is admitted to trial but not when other forms of evidence, such as eyewitness testimony or trace evidence, are admitted. In this article I show that all kinds of evidence can lead to unequal risks of false (...) class='Hi'>conviction and that Di Bello and O’Neil’s argument to the contrary is unsound. (shrink)

This paper argues that Aristotelian practical wisdom (phronēsis) is a state of conviction (pistis) in the goodness of our goals based on proper grounds. This state of conviction can only be achieved if rational arguments and principles agree with how things appear to us. Since, for Aristotle, passions influence appearances, they can support or undermine our conviction in the goodness of ends. For this reason, we cannot be practically wise without virtuous dispositions to experience appropriate passions. Along (...) the way, I argue that this reading allows us to explain the shortcomings of self‐controlled and akratic agents. (shrink)

Conviction Narrative Theory is an interesting and plausible way to think about how individuals make decisions when quantitative assessments are not open to them. The question I pose is the following. Is there any general result about how decisions should be taken independent of the particular circumstances of that decision?

Convictions religieuses et engagement en Asie du Sud depuis 1850/Religious Convictions and Social Commitment in South Asia since 1850. Edited by Catherine Clémentin-oJha. Études thématiques. vol. 25. Paris: École Française d’Extrême-Orient, 2011, Pp. 228. €40.

This essay offers a start on sorting out the relationships of argumentation and persuasion by identifying two systematic ways in which definitions of argumentation differ, namely, their descriptions of the ends and of the means involved in argumentative discourse. Against that backdrop, the traditional “conviction-persuasion” distinction is reassessed. The essay argues that the traditional distinction correctly recognizes the difference between the end of influencing attitudes and that of influencing behavior—but that it misanalyzes the means of achieving the latter (by (...) focusing on emotional arousal) and that it mistakenly contrasts “rational” and “emotional” means of influence. The larger conclusion is that understanding the relationships of the phenomena of argumentation and persuasion will require close attention to characterizations of communicative ends and means. (shrink)

The COVID-19 pandemic has highlighted the difficult task of balancing access to misinformation with respect for patient decision-making. Due to its innate antagonism, the paradigm of “physician paternalism” versus “patient autonomy” may not adequately capture the clinical relationship. The authors hypothesized that most patients would, in fact, prefer significant physician input as opposed to unopinionated information when making medical decisions. There is a lack of empirical data corroborating this in the United States. To that end, a survey was distributed to (...) 650 individuals through Amazon Mechanical Turk, of which 499 responses met pre-determined quality criteria. Most respondents believed their doctor's insight would be better than their own if injured or gravely ill. When asked to affirm preferences separately, a significantly higher proportion of respondents preferred guidance from their doctor when making medical decisions compared to being presented with unopinionated information ( p < 0.001). Encouragingly, 93.1% believed that the doctor's primary goal was their health. When asked directly to compare physician guidance to unopinionated information, 69.1% respondents stated they would prefer physician guidance. We found a consistent association between educational/economic background and affirmative responses ( p < 0.001), suggesting particular attention should be paid to patients that are disadvantaged with respect to these demographic factors. The belief in a shared goal, and a consistent preference for physician input, suggests that patients endorse a more collaborative view of the clinical dynamic than is suggested by the paternalism-autonomy paradigm. This pilot study suggests physicians should not be afraid to communicate conviction with regard to treatment decisions. (shrink)

We connect Conviction Narrative Theory to an account that views people as intuitive scientists who can flexibly create, evaluate, and modify representations of decision problems. We argue that without understanding how the relevant complex narratives (or indeed any representation, simple to complex) are themselves constructed, we also cannot know when and why people would rely on them to make choices.

A fascinating discussion of the discordant elements that divide society into fragments, Convictions includes a practical, helpful proposal as to what is necessary to bring such discordant elements together.

Kimberley Brownlee’s Conscience and Conviction offers a powerful defence of civil disobedience as a conscientious and communicative mode of protest. The overall argument of the book is important and compelling, but this critical commentary explores certain aspects of Brownlee’s view that warrant further consideration and clarification. Those aspects relate to her suggestion that civil disobedience is a dialogic mode of communication, her attempt to ground a moral right of civil disobedience in a principle of humanism, and her belief that (...) the right establishes a defeasible moral claim against all forms of interference. (shrink)

We often praise people who stand by their convictions in the face of adversity and practice what they preach. However, strong moral convictions can also motivate atrocious acts. Two significant questions here are (1) whether conviction itself — taken as a mode of belief — has any distinctive value, or whether all the value of conviction derives from its substantive content, and (2) how conviction can be made responsible in a way that mitigates the risks of falling (...) into dogmatism, fanaticism, and other vices. In response to the first question, I suggest that conviction has instrumental value that derives from its relationship to integrity and courage. On the second question, I articulate the roles that reflection, discourse (engagement with others), and humility must play in the dialectical process of maintaining responsible convictions. (shrink)

This article is an attempt to bridge the gap between feminist structural explanations for rape and the social psychological mechanisms that make it possible for some men in patriarchal societies to feel neutral about sexual violence toward women. The concept of role taking is used to analyze the perceptions of self and victim held by 79 convicted rapists. Men who defined their behavior during sexual encounters as rape saw themselves from the perspective of their victim through reflexive role taking, had (...) inferred their victims' experience through synesic role taking, and used this awareness to further their plan of action. Men who did not define their behavior as rape did neither reflexive nor synesic role taking and appeared incapable of understanding the meaning of sexual violence to women. The majority of both groups did not experience role-taking emotions, that is, guilt, shame, or empathy, which symbolic interactionists posit are the mediators of self-control. I argue that the gender imbalance of power and the status of women as property are the social factors that render normative emotions inoperative in sexual violence. (shrink)

Les auteurs cherchent à rendre compte d’un résultat particulier obtenu dans le cadre d’une recherche sur l’implication subjective des magistrats dans la construction de leur intime conviction. Comment comprendre la relation entre l’intime conviction de culpabilité et la prise en compte des liens familiaux et intersubjectifs? La méthode de recherche est centrée sur l’étude de la narrativité. La situation judiciaire proposée aux magistrats est une plainte pour inceste. L’intime conviction abordée dans ses fondements juridiques est envisagée du (...) point de vue du travail psychique qu’elle est susceptible de mobiliser. L’analyse des identités narratives permet de distinguer trois rapports au « conflit psychique induit ». Les magistrats qui prennent en compte les liens intersubjectifs seraient ceux qui appliquent le travail du doute d’une part, qui cherchent à penser la subjectivité de l’auteur et la relation entre cet homme et sa fille d’autre part. (shrink)

The overarching purpose of this pilot study was to compare the likelihood of conviction and the imposition of penalties in nonhuman-animal hoarding cases among those affiliated with established animal rescues and those not affiliated. A secondary purpose was to examine what additional characteristics of hoarders and hoarding cases are associated with conviction and penalties. Manifest content coding was conducted on the media reports and court dockets of a convenience sample of 84 animal hoarding cases. The affiliated did not (...) significantly differ from the nonaffiliated with regard to the likelihood of conviction or the imposition of legal penalties upon conviction. A prior history of hoarding and the number of animals involved in a case influenced case outcomes in limited and inconsistent respects; however, a preponderance of nonsignificant findings suggests that much judicial discretion operates in the prosecution of animal hoarding cases. (shrink)

Suppose that a defendant’s conviction would amount to an interference with their right to peaceful protest, protected by articles 10 and 11 of the European Convention on Human Rights. Is a court then obliged to make a conviction turn on a fact-sensitive proportionality assessment justifying the interference? Drawing on the jurisprudence of the domestic and Strasbourg courts, this article argues that the case law has crystallised into two paradigms that provide distinct answers: the ‘justificatory paradigm’ in European human (...) rights law and the ‘offence-centric’ paradigm in domestic law. The article exposes how and why this divergence has developed, what is at stake at the level of constitutional values and how this conflict might be resolved. It is argued that compliance with Strasbourg now depends on the integration of the justificatory paradigm into domestic law. The article imagines how this might be done in a manner sensitive to domestic constitutional values, using the mechanics on offer in the Human Rights Act 1998. (shrink)

This article reconstructs a pragmatist conception of political conviction from the works of William James. Pragmatism is often criticized for failing to account for the force of moral convictions to motivate risky and confrontational political action. This article argues that such criticisms presume a conception of conviction as an experience of moral command that pragmatism rejects. In its place, pragmatism portrays the experience of conviction as acting on faith. Drawing on Gilles Deleuze’s notion of the stutter, I (...) argue that this experience of faith is neither a deliberative justification nor a form of decisionism but rather a style of moral deliberation that is experimental, social and affective. I consider the sole piece of political oratory in James’ corpus, his 1897 oration to Robert Gould Shaw and the Massachusetts 54th Regiment, as a significant example of stuttering conviction. James’ oration seeks to demonstrate the ways that convictions can take hold of actors without relying on deep philosophical foundations or justifications. Although James places his argument squarely within the context of the politics of race, he himself does not attend to the ways his celebration of Shaw obscures the moral experiences of the African–American soldiers of the 54th. In response to this blindness, the final section considers whether or not the martyrdom of John Brown provides a more appropriate conception of conviction than James’ Shaw. (shrink)

Adherence to certain religious beliefs is often cited as both an efficient deterrent to immoral behavior and as an effective trigger of morally praiseworthy actions. I assume the truth of the externalist theory of motivation, emphasizing emotions as the most important non-cognitive elements that causally contribute to behavioral choices. While religious convictions may foster an array of complex emotions in a believer, three emotive states are singled out for a closer analysis: fear, guilt and gratitude. The results of recent empirical (...) studies are examined to evaluate the relative motivational efficiency of all three emotions, as well as the likely negative psychological side-effects of these affective states, such as aggres­sion and depression. While an action motivated by fear of punishment can be seen as a merely prudential strategy, the reparatory incentive of a guilty subject and a desire to reciprocate of the one blessed by undeserved favors are more plausible candidates for the class of genuine moral reactions. The available evidence, how­ever, does not warrant a conclusion that a sense of guilt before God or as a sense of gratefulness to wards God, may produce a statistically significant increase in the frequency of prosocial actions aimed at other humans. (shrink)

Creating one's identity is an on-going process, which is greatly dependent on language. Having this idea as a starting point in the study of religiosity, sharing self-reported experiences can be seen as an integral part in constructing one's religious identity and personal conviction. In this article, I would like to present the idea of bringing together narrative research and the psychological approach to the study of religious experience with the help of personal experience stories about God's guidance told by (...) Christian believers who are members of a charismatic revival movement. (shrink)

This article examines fifty case files of cybercriminals that the Economic and Financial Crimes Commission (EFCC) convicted for online romance fraud. It profiles offenders and explores the value of the Space Transition Theory in understanding digital crimes. Through documentary analysis, the study identifies key patterns in victim demographics, fraudsters’ operational strategies, and offenders’ socioeconomic backgrounds. Findings reveal a high concentration of U.S. victims (56%) and a preference among offenders for Apple’s iPhone (58%). Most offenders presented themselves as Caucasian American males (...) (46%) or military personnel (12%), with some adopting Caucasian European male identities (10%). Victim demographics show a pronounced gender disparity: 70% of offenders primarily targeted female victims, 14% targeted male victims, 10% reached both genders, and 6% did not specify the victims’ gender. The analysis also indicates that most offenders were university students (74%), with Facebook (46%) identified as the primary platform for these fraudulent activities. The study emphasizes the need for prevention strategies that genuinely consider the socioeconomic and political conditions that may make online fraud an appealing career option. (shrink)

Abstract Many political theorists have argued that religious reasons should play a rather limited role in public or political settings. So, for example, according to the Doctrine of Religious Restraint, citizens and legislators ought not allow religious reasons to play a decisive role in justifying public policies. Many military professionals seem to believe that some version of that doctrine applies in military settings, that is, that military professionals should not allow their religious convictions to determine how they exercise command authority. (...) We explain why the Doctrine of Religious Restraint should not apply to military professionals and articulate an alternative understanding of the justificatory role legitimately played by religious considerations in military settings. This alternative understanding assumes that military professionals will exercise command authority with tact, wisdom, and due respect for both the spirit and letter of the law, even when they are guided by robust faith commitments. (shrink)

Although many scholars have recognized the pivotal importance that the notion of conscience plays in Hegel’s thought, much of the scholarship surrounding this notion has remained piecemeal. Dean Moyar’s book Hegel’s Conscience breaks new ground on this subject in offering a comprehensive analysis of the indispensable role that conscience plays in Hegel’s philosophy, demonstrating not only its foundational place for Hegel’s approach to ethics, but also the contemporary relevancy of Hegel’s account for understanding the performative character of practical reason. Despite (...) the novelty and intellectual rigor of Moyar’s position, my essay “Translating Convictions into a Clear Conscience” argues that in confining his approach to a “cognitivist” interpretation of conscience, Moyar ends up neglecting the richness and existential depth of Hegel’s discussion. And so although Moyar’s interpretation is clear, succinct, and plausible, it accomplishes this by overlooking much of Hegel’s original phenomenological fidelity to the actual experience of conscience. (shrink)

This book introduces a novel challenge at the intersection of normative ethics, moral psychology and moral epistemology and develops a solution to it that has important implications for moral epistemology generally. The challenge arises from the observation that people who act in morally heroic ways often profess certainty in the rightness of their actions. Such moral conviction seems highly admirable. Yet in light of our general fallibility, it seems that moral certainty is epistemically unjustified. It thus looks as though (...) we would have to conclude that moral heroism comes at the price of epistemic irrationality. Drawing this conclusion, however, is shown not be a viable option. The same holds for attempts at accounting for the moral hero’s conviction in alternative, entirely non-doxastic terms, or denying its admirability on the grounds that it is entangled with fanaticism. This leaves the claim that moral certainty is never epistemically justified. Via an in-depth discussion of the nature of epistemic justification for moral beliefs, this claim is shown to be false. In exceptional moral circumstances, the value of living up to one’s fundamental moral commitments encroaches upon the standards of epistemic justification. (shrink)

In this paper, I seek to challenge two prevailing views about religious accommodation. The first maintains that religious practices deserve accommodation only if they are regarded as something unchosen on a par with the involuntary circumstances of life people must face. The other view maintains that religious practices are nothing more than preferences but questions the necessity of their accommodation. Against these views, I argue that religious conducts, even on the assumption that they represent voluntary behaviours, deserve in certain circumstances (...) certain kinds of accommodation. They must be understood as one possible expression, along with nonreligious or secular beliefs, of a person's convictions of conscience, which are strong ethical commitments upon which depends the moral integrity of those having such convictions. I demonstrate that the main ground for religious accommodation is the need to protect fairly, through such rights as religious freedom and freedom of conscience, the ethical commitments and conscientious beliefs of all citizens. Finally, against the objection that such a view risks leading to the proliferation of demands for accommodation, I maintain that a deliberative approach to religious accommodation is in a good position to put serious hurdles in the path of unreasonable demands. (shrink)

Our concern in this essay are the roles of religious conviction in what we call a “publicly justified polity” — one in which the laws conform to the Principle of Public Justification, according to which (in a sense that will become clearer) each citizen must have conclusive reason to accept each law as binding. According to “justificatory liberalism,”1 this public justification requirement follows from the core liberal commitment of respect for the freedom and equality of all citizens.2 To respect (...) each as free and equal requires that no one simply be forced to submit to the judgments of others as to what she must do. Laws must be justified to those subject to them — each must accept grounds that justify the law. As Kant indicated, if such a condition is achieved, each is both subject and legislator: each is subject to the law, yet each legislates the law, and so all our free and equal under the law.3 Now it would appear that if we are to justify laws to each and every person, the reasons for these laws must be “accessible to all.”4 Religious reasons, however, are not shared by everyone, and may be inaccessible to some: they would thereby seem inappropriate in public justification. On the face of it, justificatory liberals seem committed to expunging religious-based reasoning from political justification. Not surprisingly, this apparent commitment of justificatory liberalism is adamantly rejected by many citizens of faith who consider themselves liberals. These citizens embrace the traditional liberal freedoms and rights and, moreover, reject any suggestion that a legitimate polity might seek to establish a religion, much less a theocracy. Yet they.. (shrink)

Society typically shows conscientious objectors more deference than civil disobedients, on the grounds that they appear more conscientious and le.

It is argued that standard accounts of the epistemology of religious commitmentfail to be properly sensitive to certain important features of the nature of religious conviction. Once one takes these features of religious conviction seriously, then it becomes clear that we are not to conceive of the epistemology of religious conviction along completely rational lines.But the moral to extract from this is not fideism, or even a more moderate proposal that casts the epistemic standing of basic religious (...) beliefs along nonrational lines. Rather, one needs to recognise that in an important sense religious convictions are not beliefs at all, but that this is compatible with the idea that many other religious commitments are beliefs. This picture of the nature of religious commitment is shown to fit snugly with the Wittgensteinian account of hinge commitments, such that all rational belief essentially presupposes certain basic arational hinge commitments, along lines originally suggested by John Henry Newman. We are thus able to marshal a parity-style argument in defence of religious commitment. Although religious belief presupposes basic arational religious convictions, it is not on this score epistemically amiss since all belief presupposes basic arational convictions, or hinge commitments. The resulting view of the epistemology of religious commitment is a position I call quasi-fideism. (shrink)

It is often said that it is important for patients to possess hope that their treatment will be successful. We agree, but a widely appealed to type of hope—hope based on conviction (religious or otherwise), renders this assertion problematic. If conviction‐based hope influences patient decisions to undergo medical procedures, then questions are raised about the scope of patient autonomy. Libertarians permit patients to make decisions to undergo medical procedures on the basis of any considerations, including conviction‐based hopes, (...) on grounds of respect for freedom of choice. Rational interventionists want to restrict choices made on the basis of conviction‐based hope on the grounds that choices based on hope incorporate irrationality of a sort incompatible with autonomous decision‐making. In this article, we navigate a middle path between these extremes, arguing that patient decision‐making based on conviction‐based hope ought to be acceptable and permitted in health care when it conforms to norms of practical rationality. These norms allow patients some room to make decisions to consent to undergo medical procedures informed by conviction‐based hope. (shrink)

The aftermath of wrongful convictions is a unique context for restorative justice, as well as a unique context for considering questions concerning the institutionalisation of restorative justice. In this chapter, we consider post-wrongful conviction cases where restorative justice processes emerged spontaneously, without the involvement of state institutions. We examine the case in favour of and against state-managed restorative justice as a distinctive set of practices for tackling wrongful convictions, ultimately advocating a “quasi-institutional approach.” From the perspective of this approach, (...) the state can and should be involved in restorative justice practices that address wrongful convictions; however, such involvement can only be justified if it is limited to a strictly administrative role whereby state officials serve restorative justice processes directly controlled by the relevant parties—most notably, the wrongly convicted defendant, the victim of the offence, and, whenever possible and desirable, their families and friends. (shrink)

_Criticism and Conviction_ offers a rare opportunity to share personally in the intellectual life and journey of the eminent philosopher Paul Ricoeur. Internationally known for his influential works in hermeneutics, theology, psychoanalysis, and aesthetics, until now, Ricoeur has been conspicuously silent on the subject of himself. In this book--a conversation about his life and work with François Azouvi and Marc de Launay--Ricoeur reflects on a variety of philosophical, social, religious, and cultural topics, from the paradoxes of political power to the (...) relationship between life and art, and life and death. In the first of eight conversations, Ricoeur traces the trajectory of his life, recounting the origins of his convictions and the development of his intellect against the tragic events of the twentieth century. Declaring himself the "son of a victim of the First World War," Ricoeur, an orphan, sketches his early years in the house of stern but loving grandparents, and the molding of his intellect under the tutelage of Roland Dalbiez, Gabriel Marcel, and André Philip. Ricoeur tells the intriguing story of his capture and five-year imprisonment by the Germans during World War II, where he and his compatriots fashioned an intellectual life complete with a library and lectures, and where he, amazingly, was able to continue his dissertation research. Elegantly interweaving anecdotal with philosophical meditations, Ricoeur recounts his relationships with some of the twentieth century's greatest figures, such as Heidegger, Jaspers, and Eliade. He also shares his views on French philosophers and explains his tumultuous relationship with Jacques Lacan. And while expressing his deepest respect for the works of Claude Lévi-Strauss and Michel Foucault, Ricoeur reserves his greatest admiration for the narratologist Algirdas Julien Greimas. Ricoeur also explores the relationship between the philosophical and religious domains, attempting to reconcile the two poles in his thought. And readers who have struggled with Ricoeur's work will be grateful for these illuminating discussions that provide an invaluable key to his writings on language and narrative, especially those on metaphor and time. Spontaneous and lively, _Criticism and Conviction_ is a passionate confirmation of Ricoeur's eloquence, lucidity, and intellectual rigor, and affirms his position as one of this century's greatest thinkers. It is an essential book for anyone interested in philosophy and literary criticism. (shrink)

According to Kant, a certain kind of knowledge is essential to the achievement of moral autonomy. In order for an action to be obligatory, it must be possible for me to know not only what I have a...

In this paper I argue against rationalist readings of Aristotle's epistemology, on which our scientific understanding is justified on the basis of certain demonstrative first principles that are themselves justified only by some brute form of rational intuition. I then investigate the relationship between our intuition of principles and the broadly perceptual knowledge from which it derives. I argue that, for Aristotle, perceptual knowledge helps justify our intuition of principles, and also serves as an authority against which these principles and (...) their consequences must be assessed. I end by considering how we should understand the justificatory role played by perception, and sketching the nuanced, empirically-minded sort of foundationalism I take Aristotle to endorse. (shrink)

Laura Valentini’s novel theory, the Agency-Respect View, says that we have a fundamental moral duty to honor other people’s convictions, at least pro tanto and under certain conditions. I raise doubts that such a duty exists indeed and that informative conditions have been specified. The questions that Valentini faces here have a parallel in Kant’s moral philosophy, viz. the question of why one has a duty to value the other’s humanity and the question of how to specify the maxim of (...) one’s action. Additionally, I discuss the concept of a social convention and Valentini’s use of it. (shrink)

Abstract: When do we meet the standard of proof in a criminal trial? Some have argued that it is when the guilt of the defendant is sufficiently probable on the evidence. Some have argued that it is a matter of normic support. While the first view provides us with a nice account of how we ought to manage risk, the second explains why we shouldn’t convict on the basis of naked statistical evidence alone. Unfortunately, this second view doesn’t help us (...) understand how we should manage risk (e.g., the risk of violating rights against wrongful conviction) and faces counterexamples of its own. I shall defend an alternative approach that builds on the strengths of these two accounts. On the approach defending here, it is objectively suitable to punish iff we know a defendant to be guilty. To determine what is consistent with procedural justice and to determine what we prospectively ought to do, we need to think about the risks we face of deviating from this objective ideal. (shrink)

There is something puzzling about statistical evidence. One place this manifests is in the law, where courts are reluctant to base affirmative verdicts on evidence that is purely statistical, in spite of the fact that it is perfectly capable of meeting the standards of proof enshrined in legal doctrine. After surveying some proposed explanations for this, I shall outline a new approach – one that makes use of a notion of normalcy that is distinct from the idea of statistical frequency. (...) The puzzle is not, however, merely a legal one. Our unwillingness to base beliefs on statistical evidence is by no means limited to the courtroom, and is at odds with almost every general principle that epistemologists have proposed as to how we ought to manage our beliefs. (shrink)

New research suggests that a healthy democracy requires intellectual humility. When citizens are intellectually humble, they are less polarized, more tolerant and respectful of others, and display greater empathy for political opponents. But a flourishing democracy also requires people with political convictions. If the electorate were apathetic, they would not participate in democratic decision-making. Do these two democratic ideals conflict? The standard view in philosophy and psychology is that intellectual humility and political conviction are compatible. In this paper, we (...) challenge the standard view. We appeal to empirical and theoretical work indicating that intellectual humility can result in political apathy or lack of conviction. We conclude by suggesting that there are different varieties of intellectual humility, some aligned with conviction and engagement, and others of a more quietist character. To illustrate this, we sketch a kind of ‘political quietism’ modelled by philosophical thinkers such as Burke and Oakeshott. (shrink)

Can one enter into an argument with one’s intellectual equals in good faith if one regards the matter in hand as already settled? Adopting such an attitude looks very much like taking a dogmatic stance, in that one is closing one’s mind to counterarguments in advance. Dogmatism is, of course, an intellectual vice. Moreover, such dogmatism seems morally problematic, in that one is failing to treat one’s adversary with due respect. While there is clearly something correct about this line of (...) thinking—dogmatism, like all intellectual vice, is obviously to be avoided—it is also maintained that, properly understood, there need be nothing intellectually viceful about engaging in an argument where one regards the subject matter as settled. Related to this point, it is contended that someone who possesses the intellectual virtue of intellectual humility may well engage in arguments in just this fashion. The upshot is that one can consistently and properly argue with both conviction and intellectual humility. (shrink)

People are motivated by shared social values that, when held with moral conviction, can serve as compelling mandates capable of facilitating support for ideological violence. The current study examined this dark side of morality by identifying specific cognitive and neural mechanisms associated with beliefs about the appropriateness of sociopolitical violence, and determining the extent to which the engagement of these mechanisms was predicted by moral convictions. Participants reported their moral convictions about a variety of sociopolitical issues prior to undergoing (...) functional MRI scanning. During scanning, they were asked to evaluate the appropriateness of violent protests that were ostensibly congruent or incongruent with their views about sociopolitical issues. Complementary univariate and multivariate analytical strategies comparing neural responses to congruent and incongruent violence identified neural mechanisms implicated in processing salience and in the encoding of subjective value. As predicted, neuro-hemodynamic response was modulated parametrically by individuals’ beliefs about the appropriateness of congruent relative to incongruent sociopolitical violence in ventromedial prefrontal cortex, and by moral conviction in ventral striatum. Overall moral conviction was predicted by neural response to congruent relative to incongruent violence in amygdala. Together, these findings indicate that moral conviction about sociopolitical issues serves to increase their subjective value, overriding natural aversion to interpersonal harm. (shrink)

Much philosophical effort has been exerted over problems having to do with the correct analysis and application of the concept of epistemic justification. While I do not wish to dispute the central place of this problem in contemporary epistemology, it seems to me that there is a general neglect of the belief condition for knowledge. In this paper I offer an analysis of 'degrees of belief' in terms of a quality I label 'conviction', go on to argue that one (...) requires more conviction in a proposition in order to know it than to merely believe it, and conclude by suggesting that some current epistemological issues admit of new insight when we begin taking conviction seriously. (shrink)