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Date Created: 08/04/15
Lecture 1 11a Argument 0 a ttempt to support a position 0 a body of discourse in which some statements are used to support another statement 0 A unit with some premises and exactly one conclusion Statements 0 Can be true or false 0 Some are used in support of another Premise o A statement that provides the support Conclusion 0 Argument has to have exactly one conclusion Inference o The step you take from the premises to the conclusion 0 From one statement to another statement on basis of principles of good reason Entailement o P strictly implies Q Consistency 0 Not absolutely out of the question 0 Logically possible lnsonsistency o Contridictory o Mutually exclusive o quotIt is the case that P and it is not the case that Pquot Deductive argument 0 The goal is for the premisise to entail the conclusion 0 Ex Premise 1 All californians like the beach Premise 2 Professor Shabo is a californian Conclusion Professor Shabo likes the beach There is no way the premises could be true and the conclusion false Inductive argument 0 The premise are supposed to show that the conclusion is probably true Ex Premise 1 Nearly all californians like the beach Premise 2 Professor Shabo is a californian Conclusion Professor Shabo likes the beach o The goal is for the premise not to prove the conclusion but show it is probably true 0 Wise bet 11b 0 Validity 0 Evaluating deductive argument one critiria o For a dedcutive argument to be valid there s no way for the premises to be true and the conclusion to be false Soundness 0 Evaluating deductive argument 0 Sound when It s valid Its premises are actually true 0 Soundness validity true premises Venn Diagram 0 Small circle 0 Sound 0 Big circle 0 Valid 0 Fallacy 0 Everyday sense A misconception 0 Formal sense An error in deductive reasoning Invalid arrugment Ex 0 If it rains the game is cancelled if the game is cancelled therefor it must have rained The game could have been cancelled for any number of reasons o If P then Q gt QP 0 Wrong form 0 Informal sense Cases in which you have an argument that is defective not in the arguments logical structure or form Arguments are tools of rational persuasion even when there s nothing wrong with it it can be a bad tool of logical persuasion Ex 0 quotBegging the questionquot 0 quotBegging the Questionquot 0 Actual meaning important informal fallacy Ex 0 Conclusion God exsists 0 Only one premise God exsists Is this a valid argument 0 Yes the premise entails the conclusion Takes for granted the propsotition you are trying to establish in the course of trying to establish it o quotsmuggling in the conclusionquot 0 In practice begging the question is not always clear Does this next move take something for granted that the other the other side has a princple reason not to execpt 0 Not formal because the form is solid 0 Undermining an argument 0 To take away the support for the conclusion 0 Set out to leave the conclusion unsupported 0 Taking away the support for the conclusion originally offered Conclusion can still be trueor it can be false Scowling teacher example 0 Opposing an argument 0 Giving a counter argument for the opposite conclusion 0 New reasons for conclusion to be false Ex Scowling teacher only when she likes a paper Notes 0 Relationship between deductive and inductive o Deductive More ambitious o lnduche Just try to show a conclusion that is probably true Less ambitous times when it has a better chance of succeding more obtainable o Aruments are neither true nor false 0 Has to be evaluating in different terms Statementpremises are true or false 0 Deductive Soundvalid o lnductive strength Has a certain level of strength 0 100 of vs 40 of Lecture 2 12a o Validity example 0 Premise 1 All philospphers are skeptics o Premise 2 No theologian is a philosophet 0 Conclusion Therefore no theologian is a skeptic Is this vaild Make Venn Diagram 0 Big circle skeptics 0 Little circle philosophers Beause all are skeptics o Theologian overlap big circle Invalid because according to the conclusion the theologian would have to fall outside the circles Change rst premise to quotall skeptics are philosophersquot 0 Big circle Skeptics 0 Small circle Philosopher o Theologians fall outside big circle 0 Conclusion valid argument Premises are not sounds kinda ridiculous 12b OpEd piece 0 Limit of 750 words 0 Goal milarize public with some reasearh Wang and Aamodt 0 Some political campainers expoloit how our brains work to spread mis information o Evenly divided focus 0 Scienti c discussion We have a puzzlingintriguing set of data 0 Based on pyschological research 0 Examples people being much more likely to believe things they ve heard several times Does not give information that it is anymore true Claim that these ndings are examples are examples of source amnesia Authors suggest a speci c nero scienti c account of 12c Wang and Aamodt cont 0 Example Two groups of students Group that heard claim many times much more likely to believe Group that had heard less less likely to attribute it to a credible source Correlation between how many times someone has heard something to how likely they are to believe it These ndings source amnesia Source Amnesia The phenominon of forgetting whre it is that you rst encountered some informationial content 0 As well as forgetting mulitple of details Details start to fade 0 Ex Forgetting that it said quotI thinkquot Including forgetting factors that might change opinon o If you re a political campaigner and a bad comment is made Counter by stating that it is not true 0 What gets remember is that comment was made not wheither it is true or not 0 Ex Campaigner is a witch Campaigner says not true over and over again What gets remembered is the witch part How source amnesia happenss 0 Negative stage Our brains do not just store information in the way a harddrive does 0 Hard drive when retreiving data nothing is changed 0 Positive stage Our brains store information in a more ellaborate way a way that changes the information un intentially whenever its information is retrieved Undergoes reprocessing when remember and restored Over time can be signi cant changes 0 Loss of surrounding information 0 Over time memories are moved to different parts of our brain 0 Short term to long term 0 Each time it changes opportunity for change 13a quotStriling an emotional chordquot We re more apt to nd new credible when it supports our exisiting beliefs 0 Pg 6 Red selection 0 Exercise 1 a 13b More examples 13c More examples 14 Prius papers 0 Opinion papers trying to pursuade o Arguments are tools of rational persuasion Can be hard to see if someone is trying to make a case that they sincerely believe vs setting out to dieve or unwinning victims of someone else s deceonn o What would the motive be for someone trying to discredit In order to in uence people you do plant seed of doubt over and over Manipulation through rederic o Demorro 0 Very similar pieces Did one rely on the other Rely on the same marketing rm Two contentions Prius is the source of some of the worst pollution in north america 0 Compaired to what Prius requires more energy per use than a hummer 0 Need to know more about how calculation is made 0 Martin 15 Inference rules 0 Modus ponens Premise 1 If P then Q Premise 2 P Conclusion so Q o Modus Tollens Premise 1 If P then Q Premise 2 Not Q Conclusion Therefore not P 0 Less intuitive Formal fallacies o Affirming the consequent Premise 1 If P then Q Premise 2 Q Conclsion Therefore P o All equivalent o If P then Q 0 Q if P o P only if Q Converse of each o If Q then P o P if Q 0 Q only if P 15b 16a Ambiguity O A First Point In lecture 1 I said we39d be reviewing words that often indicate an argument39s premises or its conclusion Somehow that bit got edited out but it39s easy enough to include here 1 Common premise indicators Here are examples of expressions used to signal the premise of an argument quotsincequot quotbecausequot quotgiven thatquot When these expressions are used in an argument they indicate that the speaker is going to offer support or evidence for his or her position It39s important to note that quotsincequot and quotbecausequot also have non argumentative uses quotSincequot can be used to mark relations times quotSince the early 19805quot and quotbecausequot can be used to signal an explanation quotWe got off to a slow start this morning because the internet in the office wasn39t workingquot And explaining is different from supporting Compare quotWe got off to a late start this morning because the internet was downquot with quotBecause the internet has been spotty lately we39ll need to budget some extra time to get things donequot In the second sentence the speaker is using the quotbecausequot clause to support his or her view about the need to budget extra time 2 Common conclusion indicators quotThereforequot IISOII quotHencequot quotThusquot quotFor this reasonquot quotThis shows thatquot Some of these expressions also have nonargumentative uses For example quotthusquot and quotsoquot have multiple uses B quotLoaded verbsquot A verb is said to be loaded when it implies or presupposes something that may be controversial For example consider the verb quotdisprovedquot in the following sentence quotAfter the speaker defended Policy X Joan disproved all of his key pointsquot Compare this sentence with another quotAfter the speaker defended Policy X Joan challenged all of his key pointsquot quotDisprovedquot or quotrefutedquot implies thatJoan successfuly discredited the speaker39s points and that may well be controversial For that reason quotdisprovedquot is a loaded verb in this context By contrast it probably won39t be controversial to report that Joan challenged the speaker39s pointsthat will be a more neutral description of what happened If you were a serious journalist covering the exchange for example you would want to be careful about using loaded verbs in your coverage We want to be able to identify loaded verbs as well as to determine what a neutral nonloaded replacement for them might be Phil Exam 2 0 21 O O O Modus Ponens If P then Q If P therefore Q Modus Tollens If P then Q If not P therefore not Q Valid arugument forms 1 Modus Ponens review 2 Modus tollens review 3 Hypothetical syllogism o If P then Q o If 0 then R 0 So if P then R 4 Disjunctive Syllogism or o P or Q at least one is true 0 Not P or not Q 0 So Q or So P 5 Constructive Dilemma P or Q at least one is true o If P then R o If 0 then S 0 So R or S 6 Conjuction P O L 0 So P amp Q 7 Simpli cation o P amp Q 0 So P 8 Addition 0 So P or Q 9 Contraposition If P then 0 So if not Q then not P 0 Different from modus tollens Only one premise Conditional conclusion 10 Double negation Not not P 0 So P o Homework 13 on pg 62 Ex1 o 1 If the book is exciting then if it is well advertised it will be a best seller 0 2 The book is being well advertised and it is exciting So the book will be a best seller 0 P book is exciting 0 Q book is well advertised o R The book will be a bestseller Ex2 Premise 1 o If P Then if Q then R o Conditional o Nested conditional o 3 statements Premise 2 0 Q amp P 3 P 0 Use simpli cation from 2 4 If Q then R Modus Ponen from 1 and 3 5 Q simpli cation from 2 Conclusion 0 So R o Modus Poenens from 4 and 5 o 1 If there is anything to the story of the matrix then contemporary science is further advanced than we think 0 2 If contemporary science is further advanced than we think then we can all be brains controlled by a super computer 0 3 We could not all be brains controlled bv a suoer computer 0 C There is nothing to the story of the matrix 0 Step 1 identify constituate propositions or statements P There is something to the story of the matrix Q Contemporary science is further advanced than we think R We could all be brains controlled by a super computer 0 Premise 1 If P then Q o Premise 2 lf Q then R o Premise 3 Not R o 4 Not Q Modus tollens from 2 amp 3 0 Conclusion NotP Ex3 Modus tollens from 1 amp 4 o 1 If studying logic helps with reading skills it will help you prepare for standardized test 0 2 If logic helps you prepare for standardized tests you should study logic before you take the LSAT 3 Studying logic does help with reasoning skills therefore you should study logic before you take the LSAT 0 Find two different ways of reaching the conclusion 0 3 constituated statements P Studying logic helps with reasoning skills Q Studying logic will help you prepare for standardized tests R You should study logic before you take the LSAT 1 If P then Q 2 If Q then R 3 P 4 Q modus ponen from 1 amp 3 C Therefore R modus ponens from 2 amp 4 OR 0 22 4 If P then R hypothetical syllogism C Therefore R hypothetical syllogism amp modus ponens o Analogys argumentative uses 0 McKay s procedure for identifying the ideal use of analogy in arguments o Argument helping use to identify a general principle 0 Can treat as premise 3 things to look for 0 Primary subject what it s really about convice us of 0 Analog what s being used to make the relavent comparision 0 Connecting principle tells us what the analog and primary subject have in common Then reconstruct argument using the general principle leaving out the analog Ex Pg 141 RED selection 0 Children are like slaves Their parents can make their major decisions for them where they go to school where they live what clothes they will have whom they will associate with and what they will have available to eat Children are not even allowed to vote presumably because it is thought that their parents votes will adequately represent them It is time for us to recognize that a new era of emancipation should be before us just as we freed the salves we should free our children from this tyranny allowing them to make their own choices and control their own lives 0 Primary subject children Analog slaves Connecting principle 1 Our children are currently subject to tyranny 2 Those who are subject to tyranny should be freed Connecting principle Gets us from 1st premise to conclusion Applies equally to children and slaves without having to mention either one 0 Conclusion We should free our children from this tyranny 0000 o Homework 2 6 2 Politicians are like doctors They are there to cure the ills of the economy When you go to a doctor you acknowledge that he or she knows more about your health than you do and you pay for the advice you get There is no point in going to a doctor if you are not prepared to follow that advice Similarly there is no point in electing politicians if you are not going to give them free rein to act after they are in office Criticizing politicians defeats them and defeats yourself and it s just as silly as going to the doctor and then refusing to follow the advice you get 0 Primary subject politicians Analog doctors Connecting principle o 1 Elected politicians are the relevant experts in their elds 0 2 One should not criticize the relevant experts in their elds 0 Connecting principle 0 Conclusion quotYou should not criticize elected politicians once they re in of cequot 3 It takes pressure from parents and teachers to motivate kids to study and learn to solve mathematical problems With similar pressure kids could learn to solve emotional problems as well They get almost no training in this important skill now 0 Primary subject solving emotional problems 0 Analog solving math problems 0 Connecting principle o 1 Applying pressure would help motivate students to solve their emotional problems 0 2 If pressure is required to motivate students to solve a type of problem that pressure should be applied 0 Connecting principle 0 Conclusion Children should be subjected to pressure to solve their emotional problems 4 A presidential campaign is like a marathon race You have to be in it for the long haul able to keep going against every challenge even when there are others ahead of you Just as we are glad when the best runner wins a marathon race we should be glad when the person who runs the best campaign becomes president 0 Primary subject presidential caompaigns Analog marathon races 0 Connecting principle o 1 Running a presidential campaign requires tremendous resolving perserverance 2 If a competition requires tremendous resolve we should be glad when the person who performs best in that competition wins 0 Connecting principle 0 Conclusion WE should be glad when the person who runs the best campaign becomes president 5 The way I look at it the liver is like a muscle just as you keep a muscle in shape by excerising it you need to exercise your liver by drinking an ample quantity of alacoholic beverages 0 Primary subject liver 0 Analog muscle 0 Connecting principle 0 1 An organ should be kept in shape 0 2 The way to keep an organ in shape is by via the appropriate exercise 0 Connecting principle 0 Add in between 1 amp 2 to make argument valid 0 The appropriate excerise for the liver involves drinking a lot of alcohol 0 Conclusion You need to exercise your liver by drinking a lot of alcohol 0 23 o Informal Fallacies o Fallacies of Unwanted Assumption False dilemma Ex Either we have to do complete over haul or we have to sit back and watch it fall apart since we can t let it fall apart therefore we have to do overhaul 0 Doesn t give any other options 0 Assuming only two possibilities and neglecting other possibilities Falsemisleading presuppositions Involves a loaded question 0 Ex Question quotdo you still beat your wifequot Yes No presumes that at one point he did even if he didn t Presupposed that he used to beat his wife 0 Ex Did you say that because your conceited or ingorant Presume that they said something Presumming that he is either conceited or ignorant Attacking a straw man 0 Trying to discredit someones view by associating it with a view that is super cally similar but much less attractive o Exaggerated version of an actual view Ex Senator Pauly has argued for the reduction of defense spending Apparently Senator Pauly thinks the instability in the Balcans and in Africa will require no resources from us and will pose no risk to us But this could not be farther from the truth we must reject this head in the sand approach and maintain our military readiness and that means no spending reductions Actually called for reduction of spending 0 According to speaker Senator Pauly thinks that these efforts will require no resources or have any risk Begging the question 0 Slippery slope causal conceptual Casual o If A is allowed to happen then it will lead to or cause something else to happen and that will eventally lead to something else devistating 0 Offer no real support to chain of events Ex If you impose tighter restrictions on purchase of rearms it will lead to a situation in which the authorities have information on everyone who has a gun and then next steps would be the authoritites reposessing all of the legal guns 0 Conceptual 0 One thing is in principle really no different from another thing Ex If you allow authorities to regulate the sale of guns then your basically allowing a situation in which the authorities have control over your fundamental rights and a situation in which the authorities have control over your fndamental rights is really no different than being in a police state Fallacies of Irrelevant Appeal Arguments ad hominem Trying to discredit a persons view by focusing on some characteristic of the person I Appeal to irrelevant authority 0 So amp so said it even if they have no authority to say so Appeal to emotion fear pity Try to intimidate audience 0 Try to muniplulate audience to feel bad for you Appeal to popular opinion 0 Just because something is widely known does not mean it is a valid reason to believe it Appeal to ignorance We don t know so must not be the case 0 Trying to use what we don t know to establish what is or isn t true I Hasty generalization lnadeqate sample used to form opinion Homework 15 pg 90 1st RED selection 1 You ve got to go to dinner with me tonight or you ll be hungry by morning 0 False dilemma 0 24 0 Only giving two possibilities 2 Tanning parlors are a real danger People think that they will go just a few times before vacation But once they start they ll get another package deal after vacation to maintain their tans Eventually they will be going all year incurring a serious risk of skin cancer Slippery slope casual No evidence 3 I meant what I said because I didn t say something I didn t mean Beg the question 4 l have seen the benefots of regular exercise on my health Some people think that these bene ts are imaginary a concoction ofjane Fonda s to sell more tapes but I can assure you otherwise 0 Attacking the straw man 5 If you dive women power on the job they will become even more of a problem First they ll want special days off for quotthat time of the monthquot Next they ll mke excuses for bad decisions by saying they had PMS that day And when they do have PMS watch out They ll persecute every man who disagrees with them Coperate America will become on big bitch fest and the United States ecoomy will fall apart Slipper slope causal o quotHeuristics and Cognitive Biasesquot Heuristics an aid to understanding or learning Kahneman amp Tversky Offer theories to how short cuts lead us astray 1st Plause reading 0 quotThe representativeness heuristicquot 0 Ex Pg 110 Bank teller example 0 Which is more likely A Linda is a bank teller B Linda is a bank teller who is active in the feminist movement 0 Most subjects thought B 0 Why is that wrong 0 The probability that a conjunction of events E1 amp E2 will happen can never exceed the probability that either of either event considered seperately o PE1 x PE2 0 Ex P8 x P7 56 1 is certainty Why did people make that mistake 0 Example of representativeness heuristic o The claim that Linda is active in feminist community ts backgound of Linda Ex The law of small numbers pg 113 quotClassroom examplequot 0 Large population of students Known that average IQ in population is 100 Seperating population into groups of 50 1st person in 1 group 150 Based on that information alone 0 People think group average will still be 100 0 Why is this wrong 0 The fact that one person in the group has an above average IQ does not give information about anyone else in group 0 Expected group average sum of all 50 IQs50 0 Why did they make that mistake 0 They expect each subgroup to be representitive of the larger group Errors that involve neglecting the quotbase ratequot 0 The taxicab problem Bayesian Theorem Reliability rate x of blue cabs 12 Unreliability rate x of green cabs 17 Add together 29 o How many times does 1229 41 o 41 chance that the witness was correct 0 The Disease Problem Conditional Probabilities Given that someone who is tested actually has the disease what is the probability that his or her test results will come back postitive o 100 0 Given that someone s test results have come back positive what is the probability that he or she actually has the disease 0 z 2 10 25 0 Third example Neglective the Base Rate pg 115 1st Plause 30 engineers 70 lawyers 100 tumbnail sketches You get 5 descriptions some which are ment to be representative of an engineer and some ment to be representitive of a lawyer Asked in each case to determine probability of that the person described is an engineer on a scale from 0 to 100 Then chose another sketch from pile now of 95 and ask likelyhood next sketch will be of an engineer They will not see the sketch 0 Subjects tended to answer correctly 30 0 Base rate When subjects were provided with descriptive information even information that had nothing to do with being an engineer or lawyer they tended to ignore base rates 0 Gave median 50 0 Totally neutral information 0 Regression to the mean Praising doesn t helpcan be counterprodctive Followed by not as good performance Scolding encourgages them to do better on next attempt Followed by better performance By their nature unusual events are less likely in general than typical ones atypical outcomes are less frequent thay have a lower probability in an perticular instance than typical ones 0 A0 atypical outcome 0 TO typical outcome 0 Typical is more likely o Atypical outcome more likely to be followed by typical outcome 0 The Game Show Problem Marilyn vos Davant On a game show 0 Door 1 Door 2 Door 3 0 One has a goat and one has a sports car 0 Picks door 3 0 Host opens door 2 to show a goat o Asks if they would like to keep 3 or switch to 1 o 50 50 either way 0 Rational choice is to switch doors 11 You know that when the host opened 2 he knew that the goat was behind it he also knows which one has the sports car What happened to chance you were right in the rst place 0 At rst 0 Door 1 13 Door 2 13 Door 3 13 0 After door 2 is opened 0 Door 1 13 Door 2 03 Door 3 13 0 Probability transfers doesn t come back to your pick Door 1 23 Door 2 03 Door 3 13 Ex 0 1 1000000 0 Choose 218 743 0 Host opens every door except 218743 and 712011 0 Originally 11000000 Someone who just walks in at this point it would be 50 50 0 But you know that host diliberately opened all doors except these two 0 Chance that your initally right 11000000 o Chance that you were wrong in the rst place 9999991000000 0 Pg 135 2nCI Plause Compound events In probability theory single events are known as simple events and multiple events are known as compound events For example a oneOstage lottery is a simple events and a twostage lotter in which you must win the drawing in each stage to win the whole lottery is a compound event Phil Exam 3 31 a Twelve angry men 12 jurors 0 Have to gure out how to communicate and work together o Is their physical environment comfortable Stuffy situation Conditions can change the way things go Not conducive to a clear headed analysis 0 One juror says he says he has a head cold 0 One juror focused on making it to the ball game 0 Reasonable doubt What counts as reasonable doubt o Pivital points How the switch blade was used Would you be able to hear scream over train Old man wouldn t be able to get to door in 15 seconds Woman not wearing her glasses in court At time she looked out window b 60 minutes jennifer Thompson 22 college student 0 Someone cut her phone line power broke in o Raped 0 jennifer ran out back door rapist ed and raped someone else a mile away that night jennifer was called in to the police department to chose a picture out of 6 in a photo line up Ronald Cotton 22 years old jennifer picked his picture Had prior felonies for breaking and entering and sexual assault when younger Week long trial Faulty alibi Cotton got weekends mixed up jennifer pointed out Cotton 40 minutes to decide 0 Guilty on all charges Sentenced for life Cotton Worked in the prison kitchen joined the choir Bobby Pool 0 O In prison for rape Cotton recognized him from the composite Another inmate heard that Bobby admitted to raping Jennifer and the other girl 0 New trial Cotton sentenced again 2 life sentences 0 Rich Rosen Cotton s attorney Cotton asked for DNA test 0 10 year old evidence Proved that Cotton was innocent and Bobby was charged 11 years later 0 Jennifer asked Cotton to meet in a church Cotton forgave Jennifer What went wrong 0 Memory is not like a tape recorder It is full of holes and susceptible to suggestion and contamination o In all cases where victim is wrong Real perpetrator not in photopersonal line up When perpetrator is not there victims tend to lean towards someone who looks like them Eyewitness testimonies 2 key properties 1 Often unreliable 2 Highly persuasive to jurors Better way to show each picture individually Reinforcement alters memory Telling Jennifer she picked the same person in the personal line up as in the picture Jennifer and Ron Campaign together for reform Computer software to go through process Now friends Coauthored a book 0 Bobby Pool died in prison 0 OO O 60 minutes lecture o Consequence of a tragic mistake o How did this happen Procedures established prior to research on memory Can now see how procedures are likely to go wrong 0 Main shortcomings Jennifer was encouraged to spend as much time looking at the photos and encouraged to be right Facial recognition is usually rapid Having identi ed Cotton went in the rest of the process with the thinking that Cotton would be there in the lineup Of cer told her that she correctly identi ed the same person as in the picture 0 Powerful con rmation Memory is more reliable when the individuals are presented one at a time Person who is conducting line up can unknowingly convey things to witnesswitness can read too much into cues New computer software has been developed to avoid this 0 Reform of eye witness testimony has not been widely adopted 32 a Homework For the reading by Ross Douthat before watching Lecture 32a describe in a few sentences the main concern to which Douthat is responding What concern about the execution of Troy Davis is Douthat addressing Then brie y set out his response to that concern 0 Amanda Knox case 0 Suspected in death of her roommate while abroad in Italy 0 Charged and convicted in murder 0 What reason is there to believe Knox is guilty No direct physical evidence Not much circumstantial evidence No eye witness Following discovery of crime During interview Knox s behavior was not what was expected 0 Main evidence used to convict her 0 Natural for people to have certain expectations Authorities went on assumptions of Knox s behavior 0 quotSuper cialconsiderationsquot quotThe demeanor assumptionquot Hunter cited in article 0 pg 8 quotprofessional interrogators remain stubbornly convinced of their ability to tell if someone is being truthful simply by observing them The lawyer and fraud expert Robert Hunter has termed this misunderstanding the demeanor assumption He points out that it under pins the notion of oral evidence in jury trials Those who watch witnesses give evidence are assumed to be the best placed judge on whether the witness is telling the truthquot 0 The assumption that you can pretty reiaby tell if someone is telling the truth by their demeanor o Helps to explain the con dence in people without hard evidence 0 Emily Proian o quotThe illusion of asymmetric insightquot The illusion is that we have greater insight into other peoples minds than they have into ours Why do people believe this When you engage with another person two features stand out o 1 Your thoughts 0 2 Their face Only have their face to go off of when making inferences You would think people would make same reactions as you and your thinking Attribute less complexity to them Underestimate other peoples thought processes 0 Ross Douthat Article 0 Execution of Troy Davis 0 Op ed piece 750 word limit not many detailed Position on capital punishment Troy Davis 0 Executed without enough evidence By large opposition to capital punishment 0 Not wide spread enough to end capital punishment Problematic in practice 0 Excessive risk in capital punishment Concern between real doubt if the executed was guilty Even those who think it s acceptable in principle problematic in practice Too risky reaction that is addressed in piece This is a healthy reaction for society to have 0 Fear of executing someone that is innocent Mistake to abolish capital punishment because of this fear 0 Motivation to abolish stems from desire to reform our criminal justice system 0 Problems go beyond wrongful execution o Cites study life in prison can end up being more cruel and unusual than execution Comes in for much harsher penalty Overcrowding Violence Fundamentally capital punishment should be used in fewer situations 0 Reduce risk of wrongful execution 0 Alternative life in prison with no help Better to preserve and limit capital punishment 0 Our criminal justice system would receive much less scrutiny Scrutiny can be helpful and be channeled into reform Concern If you can make a system more fair overall you should 0 To do this expose some individuals to risk Greatest good for society 0 Some individual rights would have to be sacri ced for this goal 33 0 Case of Cameron Todd Willingham 0 Which objection to capital punishment is most likely to receive support in this case Wrong in principal morally Economicracial 0 Reason to believe cases with DNA generalize others 0 What went wrong Defendant didn t receive adequate protection against wrongful conviction ln crimes no doubt that a crime was committed 0 Defendant is possibly involved In this case a crime was possibly committed Possibly arson Was there a crime 0 Or accidental re Vasquez under in uence that most res are due to arson 0 Only a same amount are 0 Relying on a completely unscienti c view of how res start Helped establish that there was a crime Sociologists Willingham s tattoo musical likes showed violence Eye witnesses changed their testimony Willingham s lawyer 0 Did the bare minimum 0 Didn t believe Willingham Fellow inmate sated that Willingham made a full confession Later recanted statement 0 Willingham s lawyer wasn t told Oversight board 0 Suppose to be the ultimate safeguard against the travesty of executing an innocent person 0 Did it perform its due diligence in this case 0 This group looks at evidence and votes to commute sentence or carry it out 0 Did this group have any accountability 0 Did they really look Rejected stay of execution Seemed to be nothing to make sure they read everything 0 Serious problem if they weren t held responsible to seriously go over everything in detail in case A scientist in group wrote a detailed response about explaining the nding were not consistent with arson gt leading to no crime Cases has much doubt on whether there was even a crime 0 What would the repercussion have been if Texas issued a pronouncement of a wrongful execution 34 0 Capital Punishment 0 Reservationobjections Worries about whether it is ultimately just Human fallibility innocent being executed Is it civilized Civil constraints Worries about cost Fairly robust appeals process 0 Skipping appeals to save money 0 Skipping unjust Maldistribution Ethnic background 0 Race 0 Economic background In Principle In Practice Moral o lnherently unjust 0 Human fallibility even if violates rights of there s nothing wrong with individual capital punishment in Uncivilized principle reason to not allow it as along as we can t ensure the risk falls within acceptable limits 0 Maldistribution Non 0 Cost Moral I Bedau o Arugment 1 The severity of a punishment should match the seriousness of a crime 0 Should not exceed or fall short 0 Principle of Lex Talionis 2 Capital punishment is uniquels suited to the crime of murder 3lf a punishment is uniquely suited to a crime we should have a punishment 0 Even if it s true from the stand point of justice alone that a punishment is tting that doesn t mean that there aren t other considerations Conclusion therefore we should have capital punishment 0 There is room to challenge premise 2 Someone takes someone else s life punishment should be nothing short if taking their life 0 Arguement 0 Most sever punishment researved for most serious crimes Satisify demeand of proportionality o Cardozo Distinction between 1st and 2nCI degree murder quotThe history of capital punihcment for homicides reveals continual efforts uniformly unsuccessful always unsuccessful to identify before the fact those homicides for which the slayer should diequot Difference between 1st degree and 2ncl degree quotso obscure that no jury hearing it for the rst time can be expected to assimiliate an understanding lam not sure that I understand it all myself after trying to apply it for many years and dilligent study of what is written in the books Upon the basis of this ne distinction with its obscure and mystifying sycology scores of men have gone to their deathquot Obscure and mysti ying o Rests on psychological account that is obscure and mysti ying o Premise 1 We distingiush 1st and second degree murder If we followed Lex Talionis wouldn t make this distinction o All reasons that should give us pause to this argument 0 Objection to capital punishment quotPresumably both proponents and apponents of capital punishment would concede that it is a fundamental dictate of justice that a punishment should not be unfairly inequitany or unevenly inforced and appliedquot 0 Everyone will agree 0 If you have maldistribution there is a serious problem If there is maldistribution Imperical question 35 quotBackwardslooking reasonsquot retribution vsquotForwardlooking reasonsquot deterence Retribution 0 It s tting to treat this person in this way now not because of what we hope to achieve but simply because of what they did back when they commited the crime Past actions are what justi es punishment now Deterence o The reason for having the punishment is to deter people from doing the same thing in the future Serves the goal of social regulation 0 Implications of punishment for future behavior 0 Van den Haag 0 Main reason is retribution quotEven if it turned out that punishment had no signi cant added detered value over the next most serious punishment in the arsenal it would still make sense to have it on the grounds of retibution Its attributed value alone is enough to justify it quite apart from its detered valuequot 0 Van den Haag is exception to Bedau s thinking that most everyone will agree quotConsideration of the justice morality or usefulness of capital punishment is often confused with objections to its alleged discriminatory distribution among the guilty Wrongly so if capital punishment is immoral in say no distribution among the guilty could make it moral f capital punishment is moral on the otherhand no distribution would make it immoral nproper distribution can not affect the quality of what is distributed be it punishments or rewards Discriminatory distribution thus could not justify abolishion of the death penalty Futhermore maldristribution inhears no more in capital punishment than any other punishmentquot 0 Maldistribution among the guilty and the innocent o What type of comparison is this 0 Not exssential to understanding o If what someone gets what they deserve does not depend on what anyone else gets 0 No baring on whether they are being treated fairly 0 Can maldistribution make capital punishment unfair in principle No Not the kind of thing that could make it unfair 0 Can maldistribution make capital punishment unfair in practice Bedau says yes Van den Haag says no One of them could make a better case 0 Can it make capital punishment unfair to the perticular reciepiant of the penalty Will the person who actually gets capital punishment have been treated unfairly Even if you agree with Van den Hagg Someone who commits the crime and gets the punishment has nothing to complain about on an individual basis 0 Might stil think that belonging to a group socioeconomic race ect that s at a greater risk for getting a particularly severe punishment for the same crime is itself unfair Unfairness applies to everyone in the group Concern about maldistribution VDH doesn t consider 0 Can distribution by itself make this kind of difference to fairness Fairness to the individual 0 VDH principle If a punishment isn t otherwise unfair facts about how it s distributed won t make it unfair If an individual doesn t have a complaint about being treated unfairly facts about who else does isn t going to changeit o How can we test this principle Possibly counter examples 0 Ex Two basketball teams both committing a large number of fowls O O O Referees are calling all of team A fowls resulting in team As best player is in danger of fowling out Team B doesn t seem to be calling as many fowls only about 40 Will it be unfair What about it is unfair The fact that fowls are being called in a biased way Competitive disadvantage 0 Ad hoc o Makeshift move To get out of a problem whether or not it actually ts with the particular view or theory Ex Trying to get out of objection in any way possible Suppose you have a legal system with has this system of punishments o If you commit this crime and you belong to ethnic group A majority group you will get a sentence of 5 years 0 If you commit same crime and belong to ethnic group B minority group you will get the same mandatory 5 year plus an extra 3 Only reason for this difference is ethnicicty Suppose that nature of this crime is such that the approprait punishment falls somewhere within 58 years 0 Everyone gets 8 appropraite Everyone gets 5 too lienient o The 8 years isn t otherwise unfair the only difference is how it s being distributed You are at risk for harsher punishment because of something arbitary ethnicity Would you have grounds for complaint about additional 3 years 0 Yes deeper reason to reject this principle if a punishment 0 Easy to have sense that something is wrong in this legal system VDH principle too strong goes too far Modify it 0 Starts to sound ad hoc 0 Maybe another principle that does the job Exam 4 41 James Rachels textbook quotelements of Ch 1 quotwhat is moralityquot o 3 cases 0 The problem of de nition The problem of de ning the subject matter of ethical inquiry What is it that we re trying to understand when de ning ethics What makes actions more right or more wrong 0 Ethics gt human welfare individual rights ect o quotThe minimum conception of Moralityquot o 3 Cases Baby Teresa Circumstances O O 0 Born without certain parts of her brain Expected to live at most for several days If she dies naturally organs Choices Harvest her organs Let her die naturally and forgo being able to reuse her organs 0 Pa rents 0 Thought it was important to save the lives of other children by saving her organs 0 Arguments for each choice Moral principles 0 O Principle the quotyou shouldn t use people as meatquot Take organs for an individual using individual as meat Wrong to turn her into a resource quotIf you can bene t someone without harming anyone you should do itquot Bene ting other children and not really harming her quotIt s wrong to kill someonequot Even to save someone else 0 Doesn t have the parts of the brain for any cognitive states 0 Should she be considered brain dead lodie and Mary Conjoined twins Spines are fused require same set of orders No surgical intervention 0 Will die within a few months Not separated 0 Jodie will survive Mary will die Mary is the one who is relying on organs that are in Jodie s body Parents are opposed to the surgery 0 Oppose on religious grounds Two questions 0 What is the right choice to make From moral point of view to do surgery 0 Who has the right to make the choice Parents 0 Even if they make the wrong choice Arguments for each choice Moral Principles 0 quotWe should save as many as we canquot Performing surgery 0 quotLife is sacredquot Killing someone is wrong violates sanctity of life 0 O Tracy Lattimer Born with a very severe form of cerebral palsy Wasn t a de nite life span or expectancy o Wasn t supposed to necessarily die within daysweeks Mental development was permanently rested at the level of a 3 month old child 0 Would not progress Mental life did included experiences Daily life was not content 0 Excruciating pain with no way to make manageable Father decided to end her life 0 Motif to end unmanageable suffering of his daughter 0 Was he did was against the law 0 Was his actions morally permissible Arguments 0 quotIt s wrong to discriminate against the handicappeddisabledquot o quotCondoning the killing of Tracy Lattimer would be a slipper slopequot If this one killing is condoned other cases might come to be condoned o 0 Any moral theory that we should take seriously should have o 1 Has to offer justi cations for its prohibitions and requirements Can t wrong just because Requires reasons 0 2 Can t be arbitrary in certain ways Can t arbitrarily exclude certain people race gender religion 42 Ethics of Abortion o Is the fetus a person 0 At what point is a person rst present 0 A philosophical question No real right or wrong No new imperial information that will tell you that one conception is better than the other Favor biological conception o Favor that a person is developed early on Psychologicalconception 0 Develop later on 0 Thompson 0 Abortion is morally permissible Attempts to grant that other person s ideas but still room to resist the conclusion that abortion is morally wrong A zygote is no more a person than an acorn is an oak tree No precise moment when it becomes a person 0 Close to birth a person is there 0 Handout Premise 1 a fetus being a person has a right to life Premise 2 a women being a person has a right to controls what happens in and to her body Premise 3 the right to life is more stringent than and so out ways the right to control what happens Premise 4 Therefore abortion is morally impermissible 0 Review questions 1 Violinist example 0 Wake up to nd you have a violinist next to you Violinist is relying on your kidneys to survive How long do you have to stay connected to violinist Never agreed to be in this position 0 Are you morally obligated to stay in this position 0 Never transferred violinist right to your body 0 Most of us approach topic of abortion with pretty settled Views 0 New case gives us a way to see it from another view 0 How is it relevant o 1 The violinist example seem to show that the standard argument against abortion is too strong Unintended consequences 0 2 The violinist example also prompts the more general question of when someone has transferred a right to another person What does it take to transfer a right o Is engaging in consensual sex enough 0 Taking a risk does not technically give your right 2 Instead of dandelion seeds quotpeople seedsquot blowing around if on gets in and lodges into your apoistry will develop into a person If you dislodge seed that person will die Know about risk of quotpeople seedsquot blowing in Purchase screens to help prevent 99 effective 0 You are one of the people it failed for Does the fact that you took the precaution still give right 0 Did not transfer rights 3 Two farm families in hard to reach area Two families should stock pie food for bad winter Warnings have happened before and not always true 0 Family A starts to stockpile B does not 0 Winter gets as bad as warnings 0 Family B goes to Family A asking for food Family A says no because they can t afford to give food away 4 Chocolate example 2 brothers given box of chocolates 0 Example 1 given to older brother with the understanding that they are to share Older brother decides to each them all himself 0 Older brother is being unjust to his younger brother 0 Example 2 given to older brother for himself Has option to share 0 Being sel sh and unkind 0 Not committing an injustice 43 Marquis 0 Abortion is morally permissible Doesn t assume a fetus isn t a person 0 Tries to nd a wrong making feature that doesn t apply to whether a fetus is a person quotWhat makes it wrong to kill beings like us 0 Presupposition that is it wrong to kill people like us Seals an answer that will extend to fetuses as well quotAbortion is prima facie seriously wrongquot 0 Prima facie slightly weakening the claim Obligated not to do it unless there is some special circumstance When the mother s life is in danger 0 When you kill someone like us you are depriving them of experiences good and bad 0 Future like ours account Sanctity of life account 0 Life is sacred Consider someone who has a terminal illness wants to end like 0 Sanctity of life does not allow 0 Future account allows 0 Persons account 0 What makes it wrong to kill people like us is that we are people and as such are the barers of rights The idea of a right involves a want Concern Doesn t provide a satisfying eample to kill infants that do not have the mental state on which it makes sense to attribute rights Does the account explain Persons account Future account Adults wo valuble Yes No futures very clear that they don t want to die Adults with valuble Yes Yes futures Infants No Yes Pg194 Only if the bad consquences of not aborting would be as great as the consequences of not aborting Fetus is not yet de nitely an individual o If individual another word for person would be a problem Not being used as just a synonym for person in this case 0 Claims 0 A Abortion is wrong because it violates the fetuses rights to its valuable future experiences Why can t this be Marquis reasons 0 Appeals to rights relates to the concept of a person o B Abortion is wrong because it deprives the fetus of its future expenences Marquis reasoning Leaves question of if a fetus is a person out of the question 44 September 1984 Mario Cuomo then gov of NY gave talk at Notre Dame about abortion 0 Added level of complexity Addresses question about what the legal status of abortion should be Cuomo s position 0 Personal religious and moral views believes abortion is seriously wrong 0 As a public official believes it s his responsibilty to protect the legality of abortion 0 Defense of his position 0 Destinction between the church s moral docterine and the political path that it calls people to take Accept docterine would want see it come to an end No your responsibility to change it though 0 Different roles Private citicen o Entitled to his religious convictions 0 To say it s wrong Governor Elected offical o Uphold the will of his constituants 0 Not to impose his views 0 Protect right to individual beliefs 0 Make illegal infringment on individuals rights 0 Problematic downside on legal ban Poor would be disproportionatley affected Priority to minimizes the number of abortions there are better ways to achieve that than by banning o What is that you think a legal ban would accomplish that you couldn t already do without 0 Suggests a number of ways to reconcile the difference in his positions 0 45 Sumvan Cuomo s moral beliefs vs political gure Sullivan s response to Cuomo o Analogy about divorce does not hold 0 Argument for incoherence Doesn t actually set out the arguments or the speci c reason he believes they are coherent o Argument for the charge of incoherence Permise 1 The serious wrongness of killing an innocent adultis a suf cient moral basis for outlawing this act Cuomo would accept something along these lines Premise 2 Abortion is no less seriously wrong as deliberately kill an innocent adult Cuomo would accept as well If the wrongness of an action or practice is a suf cient moral basis for outlawing that action and if a second action of practice is just as morally objectable then the second action or practice should be outlawed as well 0 Professor Shabo forumlated this 0 This principle is saying bridging law and morality Need to make the incoherency stick 0 Provides straight forward statement about link 0 Following these premises abortion should be illegal 0 Valid argument 0 Cuomo s argument is that it should not be illegal Needs to reject one of the premises o Is Cuomo committed to this principle Can reject it no incoherence Would need to say something like 0 quotthe wrongness of killing an innocent adult is such that no further reason is needed for making it illegalquot 0 Defense of claims Cuomo his beliefs are bases of his religious beliefs 0 Not enough to impose on everyone else Not so con dent something is wrong further constraints on what should be enacted in law 46 Nicholas Kristof The birth control solution 0 Over population 0 Does not believe it is the actual solution 0 Uses it as a way to show that there is a problem 0 Conditions in other countries 0 Who does this address 0 Issue o Oppotion to foreign aid that goes to support family planning and contreception abroad Contributing to culture wars 0 Family planing abroad helps to curb over population Main concern 0 What population growth means for the future 0 Future problem Put ourselves in better position to manage Problems with over population 0 Political unrest o Con icts 0 Terrorism Suggesting that these existing problems with get much worse with over population Lots of serious policy creators agree 0 Highly cost effect tool for making these issues more manageable Proof Track records 0 Gender equality
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