By Anthony J. Connolly
Cultural distinction on Trial: the character and boundaries of Judicial figuring out includes a sustained philosophical exploration of the potential of the trendy liberal democratic felony approach to appreciate the idea and perform of these culturally varied minorities who come prior to it as claimants, defendants or witnesses. Exploring this factor from in the culture of up to date analytical and naturalistic philosophy and drawing upon fresh advancements within the philosophy of brain and language, this quantity is trained by way of a legitimate educational and functional take hold of of the workings of the criminal procedure itself. Systematically analysing the character and bounds of a judge's skill to appreciate culturally various idea and motion over the process an ordeal, this quantity is vital examining for someone attracted to the workings of the fashionable criminal approach.
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Additional resources for Cultural Difference on Trial : The Nature and Limits of Judicial Understanding
50 Further, they do so because, like the paperweight in our example, they are phenomena which are fundamentally characterized or individuated with reference to a certain set of conditions specified by the concept of the higher-order phenomenon in question. The set of conditions which individuate all higher-order phenomena – which make them the specific higher-order phenomenon they are – is determined by the thought and practice of some relevant conceptual community of agents. Higher-order phenomena as a whole are, again, importantly conceptual.
There appears no good reason to suppose that with the historical emergence of human beings into the world, radically novel metaphysical kinds such as minds and meanings also emerged. And with a physicalist ontology thus justified, a parasitic physicalist epistemology and methodology of the kind sketched here follows. 96. Natural kind concepts such as water, for example, fall into the first category of concepts here. Concepts such as paperweight – but also, as we shall see, those of belief, desire and concept itself – fall into the second category.
Neither a set of beliefs nor a set of desires causes behaviour in an agent independently of a set of the other. Consider the example discussed earlier in which the indigenous hunter throws herself to the ground to avoid being seen by her prey. We can conceive of this behaviour as being motivated at one level by a desire not to be seen by her prey. This desire might have arisen in response to certain beliefs concerning her overall purpose in hunting the prey, the location and perceptive powers of the prey, her own and the prey’s physical location, and so on.