Catalogue of the Cleveland Museum of Art's photographic holdings.

“Due process of law” is arguably the most controversial and frequently-litigated phrase in the American Constitution. Although the dominant originalist view has long been that Fifth and Fourteenth Amendment’s Due Process of Law Clauses are solely “process” guarantees and don’t constrain the “substance” of legislation at all, originalist scholars have in recent years made fresh inquiries into the historical evidence and concluded that there’s a weighty case for some form of substantive due process. In this Article, we review and critique (...) these findings employing our theory of good-faith originalist interpretation and construction. We begin by investigating the “letter” of the Due Process of Law Clauses — that is, the original meaning of their texts. Next, to develop doctrine by which this meaning can be implemented, we identify the clauses’ original function — their “spirit” — of barring arbitrary exercises of power over individuals that rest upon mere will rather than constitutionally proper reasons. We contend that the original letter and spirit of the “due process of law” in both clauses requires federal and state legislators to exercise their discretionary powers in good faith by enacting legislation that is actually calculated to achieve constitutionally proper ends and imposes a duty upon both state and federal judges to make a good-faith determination of whether legislation is calculated to achieve constitutionally proper ends. Finally, we confront hard questions concerning the scope of the states’ reserved powers, acknowledging the flaws in the “police-power” jurisprudence associated with the so-called “Lochner era” and we delineate an approach that will better safeguard all “person(s)” against arbitrary power. By so doing, we assist state and federal legislators by providing clarity concerning the constitutionally proper ends that federal and state legislators can pursue; aid state and federal judges by equipping them to review legislators’ pursuit of those ends; and help members of the public by enabling them to monitor the performance of their legislative and judicial agents. (shrink)

Ben-Israel and Vaidman have raised objections to my arguments that there are cases where a quantum mechanical weak value can be said not to represent the system to which it pertains. They are correct in pointing out that some of my conclusions were too general. However, for weak values of projection operators my conclusions still stand.

Philosophers of technology are not playing the public role that our own theoretical perspectives motivate us to take. A great variety of theories and perspectives within philosophy of technology, including those of Marcuse, Feenberg, Borgmann, Ihde, Michelfelder, Bush, Winner, Latour, and Verbeek, either support or directly call for various sorts of intervention—a call that we have failed to heed adequately. Barriers to such intervention are discussed, and three proposals for reform are advanced: post-publication peer-reviewed reprinting of public philosophy, increased emphasis (...) on true open access publication, and increased efforts to publicize and adapt traditional academic research. (shrink)

Recently, several articles in the scholarly literature on medical ethics proclaim the need for “responsible scholarship” in the debate over the proper criteria for death, in which “responsible scholarship” is defined in terms of support for current neurological criteria for death. In a recent article, James M. DuBois is concerned that academic critiques of current death criteria create unnecessary doubt about the moral acceptability of organ donation, which may affect the public’s willingness to donate. Thus he calls for a closing (...) of the debate on current death criteria and for journal editors to publish only critiques that “substantially engage and advance the debate.” We argue that such positions as DuBois’ are a threat to responsible scholarship in medical ethics, especially scholarship that opposes popular stances, because it erodes academic freedom and the necessity of debate on an issue that is literally a matter of life and death, no matter what side a person defends. (shrink)

En su artículo “On Knowing One’s Own Mind” (1988), Shoemaker argumenta en favor de tres afirmaciones: (1) se requiere un autoconocimiento directo (self-acquaintance) para la cooperación racional con otras personas (porque ésta depende de que podamos decirles qué es lo que creemos e intentamos hacer); (2) el autoconocimiento directo es necesario para la deliberación sobre qué creer y qué hacer (porque no podemos ajustar racionalmente creencias y deseos sin saber qué creencias y deseos tenemos); y (3) el autoconocimiento directo es (...) una consecuencia inmediata de nuestra capacidad para reconocer el carácter paradójico de oraciones que ejemplifican la paradoja de Moore. En este capítulo trato de mostrar que las afirmaciones (1) y (2) no son correctas; la cooperación se puede llevar acabo comunicándonos exclusivamente sobre (supuestos) hechos y acciones y el ajuste racional de creencias normalmente sucede de una manera automática a un nivel de primer orden. Sin embargo, la afirmación (3) indica una relación interesante entre nuestras capacidades conceptuales y lingüísticas, por un lado, y, por el otro, nuestra capacidad de “contestar la pregunta de si creo que p poniendo en marcha el proceso (cualquiera que éste sea) mediante el cual respondo a la pregunta de si p” (Evans, 1982: 225). (shrink)

A so called “weak value” of an observable in quantum mechanics (QM) may be obtained in a weak measurement + post-selection procedure on the QM system under study. Applied to number operators, it has been invoked in revisiting some QM paradoxes (e.g., the so called Three-Box Paradox and Hardy’s Paradox). This requires the weak value to be interpreted as a bona fide property of the system considered, a par with entities like operator mean values and eigenvalues. I question such an (...) interpretation; it has no support in the basic axioms of quantum mechanics and it leads to unreasonable results in concrete situations. (shrink)

Ben Saunders claims that actual consent is not necessary for organ donation due to ‘normative consent’, a concept he borrows from David Estlund. Combining normative consent with Peter Singer's ‘greater moral evil principle’, Saunders argues that it is immoral for an individual to refuse consent to donate his or her organs. If a presumed consent policy were thus adopted, it would be morally legitimate to remove organs from individuals whose wishes concerning donation are not known. This paper disputes Saunders' arguments. (...) First, if death caused by the absence of organ transplant is the operational premise, then, there is nothing of comparable moral precedence under which a person is not obligated to donate. Saunders' use of Singer's principle produces a duty to donate in almost all circumstances. However, this premise is based on a flawed interpretation of cause and effect between organ availability and death. Second, given growing moral and scientific agreement that the organ donors in heart-beating and non-heart-beating procurement protocols are not dead when their organs are surgically removed, it is not at all clear that people have a duty to consent to their lives being taken for their organs. Third, Saunders' claim that there can be good reasons for refusing consent clashes with his claim that there is a moral obligation for everyone to donate their organs. Saunders' argument is more consistent with a conclusion of ‘mandatory consent’. Finally, it is argued that Saunders' policy, if put into place, would be totalitarian in scope and would therefore be inconsistent with the freedom required for a democratic society. (shrink)

The operational definition of a weak value for a quantum mechanical system involves the limit of the weak measurement strength tending to zero. I study how this limit compares to the situation for the undisturbed system. Under certain conditions, which I investigate, this limit is discontinuous in the sense that it does not merge smoothly to the Hilbert space description of the undisturbed system. Hence, in these discontinuous cases, the weak value does not represent the undisturbed system. As a result, (...) conclusions drawn from such weak values regarding the properties of the studied system cannot be upheld. Examples are given. (shrink)

Shoemaker (1996) presenteda prioriarguments against the possibility of ‘self‐blindness’, or the inability of someone, otherwise intelligent and possessed of mental concepts, to introspect any of her concurrent attitude states. Ironically enough, this seems to be a position that Gopnik (1993) and Carruthers (2006, 2008, 2009a,b) have proposed as not only possible, but as the actual human condition generally! According to this ‘Objectivist’ view, supposed introspection of one's attitudes is not ‘direct’, but an ‘inference’ of precisely the sort we make about (...) the attitudes of others, an inference that has the advantage in our own case ofonlyour own sensory data and memories, our behavior, and of the context we are in; i.e. we are all substantially self‐ blind. After sorting out a number of methodological and verbal issues, I argue, first, that thea prioriarguments against Objectivism don't succeed, and that Gopnik and Carruthers are right to regard the issue as an empirical one. On the other hand, I think they seriously underestimate the difficulty of establishing Objectivism. It is unlikely there is an inferential procedure from the data of pure sensation, behavior and context to the relevant self‐attributions that would be as spectacularly reliable as people manifestly seem to be. Moreover, there is a simpler model: the mind very likely consists of a panoply of sub‐routines some of whose outputs are ‘tagged’ for their having been so processed, rather in the way that software ‘documents’ are on standard computers. Introspection plausibly consists in a person's simply attending to distinctive constellations of these tags, even though they may lack phenomenal feels. This draws attention to an important independent fact: that much of phenomenology (or ‘what it's like’ to be in a certain state) may be constituted by facts that are not phenomenal. (shrink)

Quantum mechanical weak values of projection operators have been used to answer which-way questions, e.g. to trace which arms in a multiple Mach–Zehnder setup a particle may have traversed from a given initial to a prescribed final state. I show that this procedure might lead to logical inconsistencies in the sense that different methods used to answer composite questions, like “Has the particle traversed the way X or the way Y?”, may result in different answers depending on which methods are (...) used to find the answer. I illustrate the problem by considering some examples: the “quantum pigeonhole” framework of Aharonov et al., the three-box problem, and Hardy’s paradox. To prepare the ground for my main conclusion on the incompatibility in certain cases of weak values and logic, I study the corresponding situation for strong/projective measurements. In this case, no logical inconsistencies occur provided one is always careful in specifying exactly to which ensemble or sample space one refers. My results cast doubts on the utility of quantum weak values in treating cases like the examples mentioned. (shrink)

Dual-process and dual-system theories in both cognitive and social psychology have been subjected to a number of recently published criticisms. However, they have been attacked as a category, incorrectly assuming there is a generic version that applies to all. We identify and respond to 5 main lines of argument made by such critics. We agree that some of these arguments have force against some of the theories in the literature but believe them to be overstated. We argue that the dual-processing (...) distinction is supported by much recent evidence in cognitive science. Our preferred theoretical approach is one in which rapid autonomous processes are assumed to yield default responses unless intervened on by distinctive higher order reasoning processes. What defines the difference is that Type 2 processing supports hypothetical thinking and load heavily on working memory. (shrink)

En su artículo “On Knowing One’s Own Mind” (1988), Shoemaker argumenta en favor de tres afirmaciones: (1) se requiere un autoconocimiento directo (self-acquaintance) para la cooperación racional con otras personas (porque ésta depende de que podamos decirles qué es lo que creemos e intentamos hacer); (2) el autoconocimiento directo es necesario para la deliberación sobre qué creer y qué hacer (porque no podemos ajustar racionalmente creencias y deseos sin saber qué creencias y deseos tenemos); y (3) el autoconocimiento directo es (...) una consecuencia inmediata de nuestra capacidad para reconocer el carácter paradójico de oraciones que ejemplifican la paradoja de Moore. En este capítulo trato de mostrar que las afirmaciones (1) y (2) no son correctas; la cooperación se puede llevar acabo comunicándonos exclusivamente sobre (supuestos) hechos y acciones y el ajuste racional de creencias normalmente sucede de una manera automática a un nivel de primer orden. Sin embargo, la afirmación (3) indica una relación interesante entre nuestras capacidades conceptuales y lingüísticas, por un lado, y, por el otro, nuestra capacidad de “contestar la pregunta de si creo que p poniendo en marcha el proceso (cualquiera que éste sea) mediante el cual respondo a la pregunta de si p” (Evans, 1982: 225). (shrink)

M. Oaksford and N. Chater presented a Bayesian analysis of the Wason selection task in which they proposed that people choose cards in order to maximize expected information gain as measured by reduction in uncertainty in the Shannon-Weaver information theory sense. It is argued that the EIG measure is both psychologically implausible and normatively inadequate as a measure of epistemic utility. The article is also concerned with the descriptive account of findings in the selection task literature offered by Oaksford and (...) Chater. First, it is shown that their analysis data reported in the recent article of K. N. Kirby is unsound; second, an EIG analysis is presented of the experiments of P. Pollard and J. St. B. T. Evans that provides a strong empirical disconfirmation of the theory. (shrink)

To demarcate the limits of experimental knowledge, we probe the limits of what might be called an experiment. By appeal to examples of scientific practice from astrophysics and analogue gravity, we demonstrate that the reliability of knowledge regarding certain phenomena gained from an experiment is not circumscribed by the manipulability or accessibility of the target phenomena. Rather, the limits of experimental knowledge are set by the extent to which strategies for what we call ‘inductive triangulation’ are available: that is, the (...) validation of the mode of inductive reasoning involved in the source-target inference via appeal to one or more distinct and independent modes of inductive reasoning. When such strategies are able to partially mitigate reasonable doubt, we can take a theory regarding the phenomena to be well supported by experiment. When such strategies are able to fully mitigate reasonable doubt, we can take a theory regarding the phenomena to be established by experiment. There are good reasons to expect the next generation of analogue experiments to provide genuine knowledge of unmanipulable and inaccessible phenomena such that the relevant theories can be understood as well supported. This article is part of a discussion meeting issue ‘The next generation of analogue gravity experiments’. (shrink)