The evolution of sex in eukaryotes represents a paradox, given the “twofold” fitness cost it incurs. We hypothesize that the mutational dynamics of the mitochondrial genome would have favored the evolution of sexual reproduction. Mitochondrial DNA (mtDNA) exhibits a high‐mutation rate across most eukaryote taxa, and several lines of evidence suggest that this high rate is an ancestral character. This seems inexplicable given that mtDNA‐encoded genes underlie the expression of life's most salient functions, including energy conversion. We propose that negative (...) metabolic effects linked to mitochondrial mutation accumulation would have invoked selection for sexual recombination between divergent host nuclear genomes in early eukaryote lineages. This would provide a mechanism by which recombinant host genotypes could be rapidly shuffled and screened for the presence of compensatory modifiers that offset mtDNA‐induced harm. Under this hypothesis, recombination provides the genetic variation necessary for compensatory nuclear coadaptation to keep pace with mitochondrial mutation accumulation. (shrink)

The ACA shifted U.S. health policy from centering on principles of actuarial fairness toward social solidarity. Yet four legal fixtures of the health care system have prevented the achievement of social solidarity: federalism, fiscal pluralism, privatization, and individualism. Future reforms must confront these fixtures to realize social solidarity in health care, American-style.

Despite having international and national legislative frameworks and policies that guarantee children’s rights and encourage their participation in matters affecting them, consulting children has received scant scholarly attention in the African context. Notwithstanding this state of affairs, it is important to ask whether, in keeping with growing progressive practices, having children as active researchers is a feasible goal to achieve and, if so, how might this be possible. Drawing on Swartz and Nyamnjoh’s framework of research existing along an emancipatory continuum, (...) we argue for practical, methodological interventions to bridge the researcher–researched divide. We show, using four case studies, how giving children a voice – a key feature of emancipatory research – as participants in educational research has the potential to afford them space to co-enact the research and develop their sense of agency. The four case studies were drawn from investigations of lived experiences of orphaned children and conceptions of education quality in South Africa; consulting children about sex and HIV/AIDS education in South Africa, Tanzania and Kenya; a study of a community-based peer education programme in South Africa and language and mathematics skills assessments in a large-scale study. Within each case, we evaluate the extent to which the research methods used aims for and achieves children’s participation and emancipation and offer ways to overcome challenges for adopting emancipatory approaches in the schooling sector from ethical, policy and political perspectives. The article concludes with recommendations for implementing emancipatory methodologies in educational research involving children. (shrink)

Patients with psychiatric illness feel the brunt of the intersection of many of our society's and our health care system's disparities, and the vulnerability of this population during the Covid‐19 pandemic cannot be overstated. Patients with psychiatric illness often suffer from the stigma of mental illness and receive poor medical care. Many patients with severe and persistent mental illness face additional barriers, including poverty, marginal housing, and food insecurity. Patients who require psychiatric hospitalization now face the risk of transmission of (...) Covid‐19 due to the inherent difficulties of social distancing within a psychiatric hospital. Patients whose freedom and self‐determination have been temporarily overruled as they receive involuntary psychiatric treatment deserve a setting that maintains their health and safety. While tele‐mental health has been rapidly expanded to provide new ways to access psychiatric treatment, some patients may have limitations in technological literacy or access to devices. The social isolation, economic fallout, and potential traumatization related to the current pandemic will disproportionately affect this vulnerable population, and society's duties to them must be considered. (shrink)

Prior studies have advanced our knowledge of the individual determinants of corporate philanthropy; however, little empirical research has been conducted on how these determinants combine to influence giving. In this study, the authors develop and test an integrated model of the relationship between firm resources and corporate philanthropy as mediated by managerial discretion and managerial values. In addition, the authors offer organizational slack as an alternative measure of organizational resources. As predicted, the results show that firm resources have a positive (...) effect on corporate philanthropy. This effect is fully mediated by managerial discretion and partially mediated by managerial values. (shrink)

What methodology should philosophers follow? Should they rely on methods that can be conducted from the armchair? Or should they leave the armchair and turn to the methods of the natural sciences, such as experiments in the laboratory? Or is this opposition itself a false one? Arguments about philosophical methodology are raging in the wake of a number of often conflicting currents, such as the growth of experimental philosophy, the resurgence of interest in metaphysical questions, and the use of formal (...) methods. This outstanding collection of specially-commissioned chapters by leading international philosophers discusses these questions and many more. It provides a comprehensive survey of philosophical methodology in the most important philosophical subjects: metaphysics, epistemology, philosophy of language, philosophy of mind, phenomenology, philosophy of science, ethics, and aesthetics. A key feature of the collection is that philosophers discuss and evaluate contrasting approaches in each subject, offering a superb overview of the variety of methodological approaches - both naturalistic and non-naturalistic - in each of these areas. They examine important topics at the heart of methodological argument, including the role of intuitions and conceptual analysis, thought experiments, introspection, and the place that results from the natural sciences should have in philosophical theorizing. The collection begins with a fascinating exchange about philosophical naturalism between Timothy Williamson and Alexander Rosenberg, and also includes contributions from the following philosophers: Lynne Rudder Baker, Matt Bedke, Greg Currie, Michael Devitt, Matthew C. Haug, Jenann Ismael, Hilary Kornblith, Neil Levy, E.J. Lowe, Kirk Ludwig, Marie McGinn, David Papineau, Matthew Ratcliffe, Georges Rey, Jeffrey W. Roland, Barry C. Smith, Amie L. Thomasson, Valerie Tiberius, Jessica Wilson, and David W. Smith. (shrink)

Although a great deal of research addresses the neural basis of deliberate and intentional emotion-regulation strategies, less attention has been paid to the neural mechanisms involved in implicit forms of emotion regulation. Behavioural research suggests that romantically involved participants implicitly derogate the attractiveness of alternative partners, and the present study sought to examine the neural basis of this effect. Romantically committed participants in the present study were scanned with functional magnetic resonance imaging (fMRI) while indicating whether they would consider each (...) of a series of attractive (or unattractive) opposite-sex others as a hypothetical dating partner both while under cognitive load and no cognitive load. Successful derogation of attractive others during the no cognitive load compared to the cognitive load trials corresponded with increased activation in the ventrolateral prefrontal cortex (VLPFC) and posterior dorsomedial prefrontal cortex (pDMPFC), and decreased activation in the ventral striatum, a pattern similar to those reported in deliberate emotion-regulation studies. Activation in the VLPFC and pDMPFC was not significant in the cognitive load condition, indicating that while the derogation effect may be implicit, it nonetheless requires cognitive resources. Additionally, activation in the right VLPFC correlated with participants' level of relationship investment. These findings suggest that the RVLPFC may play a particularly important role in implicitly regulating the emotions that threaten the stability of a romantic relationship. (shrink)

Recently, many philosophers of religion have sought to defend the rationality of religious belief by shifting the burden of proof onto the critic of religious belief. Some have appealed to extraordinary religious experience in making their case. Religious Experience, Justification, and History restores neglected explanatory and historical considerations to the debate. Through a study of William James, it contests the accounts of religious experience offered in recent works. Through reflection on the history of philosophy, it also unravels the philosophical use (...) of the term justification. Matthew Bagger argues that the commitment to supernatural explanations implicit in the religious experiences employed to justify religious belief contradicts the modern ideal of human flourishing. (shrink)

Previous research in North America has supported the view that male involvement in committed, romantic relationships is associated with lower testosterone (T) levels. Here, we test the prediction that undergraduate men involved in committed, romantic relationships (paired) will have lower T levels than men not involved in such relationships (unpaired). Further, we also test whether these differences are more apparent in samples collected later, rather than earlier, in the day. For this study, 107 undergraduate men filled out a questionnaire and (...) collected one saliva sample (from which a subject’s T level was measured) at various times across the day. As in previous studies, men involved in committed, romantic relationships had lower salivary T levels, though only during later times of the day. Furthermore, additional analysis of the variation among unpaired subjects indicated that men without prior relationship experience had lower T levels than experienced men. Finally, while paired men as a group had lower T levels than unpaired men, those men at the earliest stage (less than six months) of a current relationship had higher T levels than unpaired men as well as men in longer-term relationships. These results suggest that variation in male testosterone levels may reflect differential behavioral allocation to mating effort. (shrink)

This book examines the origins and subsequent evolution of multicellularity. The transition from unicellular to multicellular life was one of a few major events in the history of life that created new opportunities for more complex biological systems to evolve.

In this book, Matthew C. Ally explores the changing and increasingly troubled relationship between humankind and planet Earth. Oriented by the seemingly simple example of a woodland pond, he draws together insights from existential philosophy, scientific ecology, and several disciplines in the social sciences and humanities to articulate a strong sense of human belonging in the living Earth community and a binding imperative of participation in the struggle to preserve a habitable planet and build a livable world.

German Idealism was without doubt one of the most fruitful, influential, and exciting periods in the history of philosophy. The Palgrave Handbook of German Idealism covers this revolutionary philosophical movement in remarkable detail and includes contributions from 36 of the leading scholars in the field, including Paul Guyer, Terry Pinkard, Violetta Waibel, Jason Wirth, and Günter Zöller. In his introduction, Matthew Altman investigates the meaning of idealism and sets the historical context. Ensuing chapters then consider the philosophical importance of (...) the movement’s four most important thinkers (Kant, Fichte, Schelling, and Hegel) and explore the areas of philosophy on which they had their greatest impact. A concluding chapter examines the legacy of German Idealism from the nineteenth century to the present day. (shrink)

BackgroundThe COVID-19 pandemic has had a significant impact on the health system worldwide. The organ and tissue donation and transplantation (OTDT) system is no exception and has had to face ethical challenges related to the pandemic, such as risks of infection and resource allocation. In this setting, many Canadian transplant programs halted their activities during the first wave of the pandemic.MethodTo inform future ethical guidelines related to the COVID-19 pandemic or other public health emergencies of international concern, we conducted a (...) literature review to summarize the ethical issues.ResultsThis literature review identified three categories of ethical challenges. The first one describes the general ethical issues and challenges reported by OTDT organizations and transplantation programs, such as risks of COVID-19 transmission and infection to transplant recipients and healthcare professionals during the transplant process, risk of patient waitlist mortality or further resource strain where transplant procedures have been delayed or halted, and resource allocation. The second category describes ethical challenges related to informed consent in the context of uncertainty and virtual consent. Finally, the third category describes ethical issues related to organ allocation, such as social considerations in selecting transplant candidates.ConclusionThis literature review highlights the salient ethical issues related to OTDT during the current COVID-19 pandemic. As medical and scientific knowledge about COVID-19 increases, the uncertainties related to this disease will decrease and the associated ethical issues will continue to evolve. (shrink)

This book undertakes a critical survey of art history across Europe, examining the recent conceptual and methodological concerns informing the discipline as well as the political, social and ideological factors that have shaped its development in specific national contexts.

Physical touch is central to the emotional intimacy that separates romantic relationships from other social contexts. In this study of 256 adults, we examined whether individual differences in social anxiety influenced comfort with and avoidance of physical touch. Because of prior work on sex difference in touch use, touch comfort, and social anxiety symptoms and impairment, we explored sex-specific findings. We found evidence that women with greater social anxiety were less comfortable with touch and more avoidant of touch in same-sex (...) friendships. Additionally, a woman’s social anxiety had a bigger effect on a man’s comfort with touch and avoidance of touch in the romantic relationship than a man’s social anxiety had on the woman’s endorsement of touch-related problems. These effects were uninfluenced by the length of romantic relationships. Touch is a neglected emotional experience that offers new insights into the difficulties of individuals suffering from social anxiety problems, and their romantic partners. (shrink)

This commentary highlights the observation that social motivation is usually an imprecisely specified construct. We suggest four social motivation conceptualizations across levels of analysis and explore where the target article situates among these. We then offer theoretical and practical guidance for operationalization and measurement of social motivation to support more comprehensive future research on this complex construct in the autism literature.

Current theoretical account of judgment has a difficult time saying anything positive about the experience of judging and, when they do offer positive accounts, they seem to overlook much that we know about the capacity already in our daily lives. Following the work of Martin Heidegger and Hubert Dreyfus, this article provides a phenomenological consideration of the structure of judging that considers judgment not as an intellectual act, but as a comportment. The article proceeds in two parts. The first offers (...) a brief consideration of the assumptions of intellectualist accounts and shows why, ultimately, they may be unable to bring judging into focus. The second section offers a phenomenological account of judging. The argument of section two is that deliberate judgment is a continuation of the structure of judgment understood as comportment and, in turn, that intellectualist accounts come onto the scene too late. (shrink)

Nearly one-quarter of Costa Rica's export earnings derive from an expanding tourist sector, one that is increasingly diversified in a mix of tourist niches. Ecotourism is the fastest growing niche and its promises are featured in a range of sites and practices, including the largest multinational hospitality and hotel corporations. These companies promote a vision of sustainability that relies on expanding consumption of ‘environmental' amenities through profit-driven global corporations – a vision that is, to some, antithetical to the very meaning (...) of ecotourism. Our study explores the historical evolution of tourist development in Costa Rica, specifically large-scale coastal development, as a means for national development. Amid pressures to attract foreign direct investment in a neoliberal era, Costa Rica has struggled to maintain its developmentalism, which includes social welfare, environmental protection, and public goods, including coastal preservation and public access. We argue Costa Rica's simult.. (shrink)

This essay traces the ontological and political limits of Bruno Latour’s conceptualization of the ‘common world’. Latour formulates this concept in explicating how modernist scientific and political institutions require a metaphysical foundation that is anti-democratic in rigidly partitioning nature from society. In the stead of nature/society, Latour proposes a ‘cosmopolitics’ in which we recognize our embroilment in systems comprised of heterogeneous human and nonhuman actors, and seek to innovate appropriate procedures for governing such systems and composing a more peaceful common (...) world. However, feminist and postcolonialist science studies scholars have argued that Latour’s project fails to apprehend the experiences of subjects marginalized by scientific and political structures of representation. Thus, science studies scholars seem to be faced with a problem; to avoid ontological dissonance and contradiction in integrating Latour’s program with feminist and postcolonialist critiques we must defer his claims that the cosmopolitical program entirely supersedes contemporary social movements and oppositional politics. I offer an alternative. Namely, I argue that Latour’s formulations of cosmopolitics’ procedures and the common world’s boundaries actually require an incipient model of the limits of democratic representation. I modify Latour’s proposed system of representation by reading it against Dipesh Chakrabarty’s concept of ‘subaltern pasts’, which are unassimilable to academic historical narratives (in their attribution of agency to nonhuman gods, for example). This reading emphasizes how Latour does not adequately theorize and politicize the partially autonomous reality of those excluded from the common world and thus fails to attend to how this externalization replicates the violence of modernist representational institutions. (shrink)

In this book, leading Christian political thinkers and practitioners critique the Rawlsian concepts of “justice as fairness” and “public reason” from the perspective of Christian political theory and practice. It provides a new level of analysis from Christian perspectives, including implications for such hot topics as the culture war.

Distinguished scholars evaluate the contribution pragmatism can make to a viable naturalism, exploring what distinguishes pragmatic naturalism from other naturalisms. They examine pragmatism's distinctive form of nonreductive naturalism and consider its merits for the study of religion, democratic theory, and as a general philosophical orientation.

Anti-reductionists hold that special science explanations of some phenomena are objectively better than physical explanations of those phenomena. Prominent defenses of this claim appeal to the multiple realizability of special science properties. I argue that special science explanations can be shown to be better, in one respect, than physical explanations in a way that does not depend on multiple realizability. Namely, I discuss a way in which a special science explanation may be more abstract than a competing physical explanation, even (...) if it is not multiply realizable, and I argue that this kind of abstraction can be used to support the idea that that special science explanation omits explanatorily irrelevant detail. (shrink)

Recently Robert Forman has attempted to muster support for the largely abandoned position that mystical experiences cross-culturally include an unmediated, non-relative core. To reopen the debate he has solicited essays from likeminded scholars for his book, The Problem of Pure Consciousness. Predictably the focus of the volume rests on the refutation of the position most notably expounded by Steven Katz in his influential article of 1978, ‘Language, Epistemology and Mysticism’.

The extended Church-Turing thesis posits that any computable function can be calculated efficiently by a probabilistic Turing machine. If this thesis held true, the global effort to build quantum computers might ultimately be unnecessary. The thesis would however be strongly contradicted by a physical device that efficiently performs a task believed to be intractable for classical computers. BosonSampling - the sampling from a distribution of n photons undergoing some linear-optical process - is a recently developed, and experimentally accessible example of (...) such a task [1]. (shrink)

A wealth of research in social psychology indicates that various ethically arbitrary situational factors exert a surprisingly powerful influence on moral conduct. Empirically-minded philosophers have argued over the last two decades that this evidence challenges Aristotelian virtue ethics. John Doris, Gilbert Harman, and Maria Merritt have argued that situationist moral psychology – as opposed to Aristotelian moral psychology – is better suited to the practical aim of helping agents act better. The Aristotelian account, with its emphasis on individual factors, invites (...) too much risk of morally bad conduct insofar as it ignores the power of situational factors which lead us astray. Moral agents are often better off detecting and intervening on situational factors to help themselves act better. This paper offers an argument against the claim that situationism enjoys practical advantages over Aristotelian virtue ethics. There is empirical evidence suggesting that people can improve their behavior via Aristotelian strategies of deliberate self-improvement. This evidence also suggests that focusing our ethical attention on morally trivial factors may result in worse overall conduct. Accordingly, Aristotelianism may fare better than situationism on the practical issue of moral improvement. (shrink)

In the classical Stueckelberg-Horwitz-Piron relativistic Hamiltonian mechanics, a significant aspect of evolution of the classical n-body particle system with mutual interaction is the method by which events along distinct particle world lines are put into correspondence as a dynamical state. Approaches to this procedure are discussed in connection with active and passive symmetry principles.

Several philosophers, known as situationists, have argued that evidence in social psychology threatens to undermine Aristotelian virtue ethics. An impressively large amount of empirical evidence suggests that most people do not consistently act virtuously and lack the ability to exercise rational control over their behavior. Since possessing moral virtues requires these features, situationists have argued that Aristotelianism does not accurately describe the character traits possessed by most people, and so the theory cannot lay claim to various theoretical advantages such as (...) explanatory power and egalitarian character education. In contrast to previous defenses which either downplay the relevance of psychological evidence or revise philosophical conceptions of virtue to fit the data, this paper appeals to previously neglected psychological evidence on self-efficacy and mental contrasting in combination with “non-idealized” interpretations of Aristotelian moral virtue to support the view that the available empirical evidence is compatible with widespread possession of virtuous character. These “non-idealized” interpretations of virtuous character allow for serious deviations from virtuous conduct, especially in the contexts described by the psychology experiments. Furthermore, decades of research on mental contrasting and self-efficacy suggest that subjects in the psychology experiments acted for reasons and possessed the ability to exercise rational control over their behavior. Hence, situationists are mistaken in thinking that, based on the empirical data, Aristotelianism is deprived of various theoretical advantages. (shrink)

The Clever Object presents a multidisciplinary exploration of the ways objects materialise, embody, or negotiate various forms of intelligence, revealing its use as an analytic tool of art-historical interpretation. Presents an original theory (“the clever object”) that draws on contributions from a variety of fields, including history of art, anthropology, philosophy of science, and design history Features interviews with two contemporary artists Advances a theoretical conversation by combining historical contributions (from medieval/early modern) with contemporary perspectives Represents the results of a (...) project developed from an intensive research seminar in which all contributors participated and developed their work in evolving dialogue. (shrink)

From its inception in Kant's efforts to articulate a "religion within the limits of reason alone," the Continental tradition has maintained a strict division of labor between theological and philosophical reflection on religion. In what follows, I examine this continental legacy in the context of Jacques Derrida's recent work on the concept of responsibility. First I discuss three guiding themes (the limits of speculative analysis, the idea of nondogmatic religion, and the importance of the other) that characterize the continental tradition's (...) general orientation toward philosophy of religion, as well as Derrida's approach to the concept of responsibility. I turn next to elucidating Derrida's account of responsibility as developed in "Force of Law: The Mystical Foundations of Authority" and The Gift of Death. I conclude with a discussion of the uses and limits of this account for religious (and theological) reflection, as well as for the task of articulating a contemporary continental philosophy of religion. (shrink)

What could ground normative restrictions concerning cultural appropriation which are not grounded by independent considerations such as property rights or harm? We propose that such restrictions can be grounded by considerations of intimacy. Consider the familiar phenomenon of interpersonal intimacy. Certain aspects of personal life and interpersonal relationships are afforded various protections in virtue of being intimate. We argue that an analogous phenomenon exists at the level of large groups. In many cases, members of a group engage in shared practices (...) that contribute to a sense of common identity, such as wearing certain hair or clothing styles or performing a certain style of music. Participation in such practices can generate relations of group intimacy, which can ground certain prerogatives in much the same way that interpersonal intimacy can. One such prerogative is making what we call an appropriation claim. An appropriation claim is a request from a group member that non-members refrain from appropriating a given element of the group’s culture. Ignoring appropriation claims can constitute a breach of intimacy. But, we argue, just as for the prerogatives of interpersonal intimacy, in many cases there is no prior fact of the matter about whether the appropriation of a given cultural practice constitutes a breach of intimacy. It depends on what the group decides together. (shrink)

In AFTERLIVES OF AFFECT, Watson considers the life and work of Mayanist Linda Schele (1942 - 1988) as an entry point to discuss the nature of cultural inquiry and the metaphor of decipherment in anthropology. Watson figures Schele as a trickster guide in his experimental, person-centered ethnography, reanimating the work of decipherment and drawing upon an "affect of discovery" that better expresses the affective engagement of anthropologists and their subject of study. Through her archive, Watson finds an archaeologist wholly animated (...) by her fieldsite and immersed in a more "spiritual science," though nonetheless still imbricated in a system of settler-colonial knowledge production. By holding Schele's work in conversation with both her own interlocutors and prominent voices in the field today, Watson refocuses on anthropologists who are engaged as individuals; carrying their own attachments with them as they describe, interpret, and decipher what they observe, and in doing so, positions affective engagement as a constitutive element in a more reflexive anthropology. The book is organized into six chapters that progress thematically through Schele's life and Watson's autoethnographic reflections on his own research. In Sacrilege (chapter 1), Watson draws together moments throughout his research where he felt his exhumation of Schele's work veered too closely to disturbing what was laid to rest-much like Schele's own work, which relied on the unearthing of sites long laid to rest, reanimating long-dead Mayan rulers and artists. The chapter sets the tone of the work as always toeing the line and risking the introduction of the mystical and affective into scientific interpretation-edgewalking with Schele. In Animals (chapter 2), Watson draws upon metaphors in the animal world, as did Schele when she sought inspiration for her next moment of insight; spider webs present a Geertzian metaphor for webs of signification, while rabbits are trickster guides, a transtemporalizing technology, drawing Schele (and Watson) forward and back through time. Through these reflections, Watson builds iteratively on arguments throughout the book that return to themes more recognizable in contemporary theory conversations: more-than-human worlds, the question of modernity, and the social conditions of knowledge production. This book will be of interest to readers in anthropology, especially those engaged in the ontological turn and more-than-human worlds, as well as the history of anthropology and anthropology theory more broadly. This book will also be of interest to readers in science studies, the posthumanities, and affect theory. (shrink)

In this volume Nick C. Ellis, Ute Römer, and Matthew Brook O’Donnell present a view of language as a complex adaptive system that is learned, both in first and second language contexts, through usage. In a series of research studies, they analyze Verb-Argument Constructions (VACs) in language learning, processing, and use. Drawing on diverse epistemological and methodological perspectives, they convincingly demonstrate that language emerges in the development of both mother tongue and additional languages out of multiple experiences of meaning-making (...) following general principles of learning relating to frequency, contingency, and semantic prototypicality. They draw implications from this work that will be of value to students and scholars from a wide range of disciplinary interests in language and learning. (shrink)

«Why forbid the tree?» Of all the questions that arise from a reading of the Genesis protology, that over why God forbade Adam and Eve the fruit of the tree of knowledge is of perennial curiosity. The present article examines the exegesis of two second-century sources, Theophilus of Antioch and Irenaeus of Lyons, each of whom considered the question of profound importance in anthropological and soteriological reflections. An emphasis on the prohibition as a test in Theophilus meets the alternate interpretation (...) of the prohibition as a formative construct in defining the limits of human intellectual capability according to Irenaeus. These are explored in detail, and at the article's end are synthesised in a reading of the Genesis prohibition that makes use of both points of emphasis. (shrink)

The moral right to keep and bear arms is entailed by the moral right of self-defense. We argue that the ownership and use of firearms is a reasonable means of exercising these rights. Given their defensive value, there is a strong presumption in favor of enacting civil rights to keep and bear arms ranging from handguns to ‘assault rifles.’ Thus, states are morally obliged as a matter of justice to recognize basic liberties for firearm ownership and usage. Throughout this paper (...) we build upon the relevant criminological and social science research in addition to the work of other philosophers who have in recent years argued in favor of gun rights. Although we believe the statistical evidence supports our case, our argument is primarily non-consequentialist. We do, however, address consequentialist objections in the last section of this paper. (shrink)

Prior to recent decades, the United States Supreme Court often invoked the political question doctrine to avoid deciding controversial questions of individual rights. 1 By the 1970s and 1980s, standing limits traced to Article IIIs arsenal of threshold decision making, 3 in the last decade the Court has turned with increasing frequency to the distinction between facial and as-applied challenges to perform the gatekeeping function. However, although there is a considerable body of scholarship concerning the conventional justiciability doctrines, scholars have (...) only recently begun to address the range of questions implicated by the Courtand they have generally focused on narrow doctrinal questions about the proper treatment of discrete rights such as abortion, free exercise of religion, and freedom of speech. The papers in this issue of LegalTheory and the next view these issues in a broader jurisprudential context. (shrink)