Andrew Higgins Toon

The injustices wrought by unequal access to the legal system pose a direct threat to the rule of law, yet such injustices are widespread in England and elsewhere. Lawyers regularly criticise governments for a lack of funding for the legal system, but the private market for delivering legal services receives much less scrutiny. A private market for legal resources is antithetical to equal justice because it makes the outcome of cases turn on arbitrary factors such as wealth. The solution, according to Wilmot-Smith in his book Equal Justice, is to socialise the allocation of legal services so that the rich cannot buy the best lawyers, and to prevent them from contracting out of this public system by making private arbitrations unenforceable. This review article argues that Wilmot-Smith’s thesis is persuasive, but there might also be second-best solutions that could deliver greater legal equality at lower cost.

Digital humanities research has developed haphazardly, with substantive contributions in some disciplines and only superficial uses in others. It has made almost no inroads in philosophy; for example, of the nearly two million articles, chapters, and books housed at philpapers.org, only sixteen pop up when one searches for ‘digital humanities’. In order to make progress in this field, we demonstrate that a hypothesis-driven method, applied by experts in data-collection, -aggregation, -analysis, and -visualization, yields philosophical fruits. “Call no one happy until they are dead.” “De mortuis nil nisi bonum.” These ancient norms still inform how we speak of the dead. From their beginnings in the nineteenth century, modern obituaries have been both practical and honorary. They are written with two aims: to pay respect to the deceased and to inspire the living to follow in their footsteps. The obituary of William Custis of Virginia exemplifies these aims, say that “it is due to his memory publicly to record his virtues,” and that “There is in the life a noble, independent and honest man, something so worthy of imitation, something that so strongly commends itself to the approbation of the virtuous mind, that his name should not be left to oblivion” (Daily National Intelligencer, 18 November 1838). Likewise, philosophers have emphasized that we can determine what counts as a virtue for a given type of person in a given community by analyzing what people say about the dead (Zagzebski, L. Virtues of the Mind. Cambridge University Press, 1996, p. 135). By adhering to norms of praise, admiration, and respect, obituaries reveal what counts as a virtue, value, or constituent of wellbeing (VVC) for a particular type of person in a particular community. One way to explore this insight would be to close-read a small number of obituaries of people from intersecting demographics, crossing dimensions such as gender, age, race, class, educational attainment, veteran status, religion, and location. Another, which we demonstrate in this chapter, is to harness digital humanities resources to distance-read a much larger number of obituaries, extracting both demographic meta-data and first-order content expressive of VVC. We then analyze and visualize this information to establish the structures of VVC associated with different types of people in different communities, arguing that data-science measures such as eigenvector centrality can be used to identify cardinal virtues. We also explain the rudiments of our text- and meta-data mining, our method of aggregating and comparing texts, and our visualization techniques. In so doing, we pave the way for researchers in philosophy and related fields to generate similar analyses and visualizations.

Obituaries are an especially rich resource for identifying people’s values. Because obituaries are succinct and explicitly intended to summarize their subjects’ lives, they may be expected to include only the features that the author(s) find most salient, not only for themselves as relatives or friends of the deceased, but also to signal to others in the community the socially-recognized aspects of the deceased’s character. We report three approaches to the scientific study of virtue and value through obituaries. We begin by reviewing studies 1 and 2, in which obituaries were carefully read and labeled. We then report study 3, which further develops these results with a semi-automated, large-scale semantic analysis of several thousand obituaries. Finally, we present the results of study 4 in which individuals were asked to write prospective obituaries. Geography, gender, and elite status all turn out to influence the virtues and values associated with the deceased.