What is the source of rights? Rights have been grounded in divine agency, human nature, and morally justified claims, and have been used to assess the moral status of legal and customary social practices. The orthodoxy is that some of our rights are a species of unrecognized or natural rights. For example, black slaves in antebellum America were said to have such rights, and this was taken to provide a basis for establishing the immorality of slavery. Derrick Darby exposes (...) the main shortcomings of the orthodox conception of the source of rights and proposes a radical alternative. He draws on the legacy of race and racism in the USA to argue that all rights are products of social recognition. This bold, lucid and meticulously argued book will inspire readers to rethink the central role assigned to rights in moral, political, and legal theory as well as in everyday evaluative discourse. (shrink)

The principle of the child's right to an open future was first proposed by the legal philosopher Joel Feinberg and developed further by bioethicist Dena Davis. The principle holds that children possess a unique class of rights called rights in trust—rights that they cannot yet exercise, but which they will be able to exercise when they reach maturity. Parents should not, therefore, take actions that permanently foreclose on or pre-empt the future options of their children, but leave them the greatest (...) possible scope for exercising personal life choices in adulthood. Davis particularly applies the principle to genetic counselling, arguing that parents should not take deliberate steps to create physically abnormal children, and to religion, arguing that while parents are entitled to bring their children up in accordance with their own values, they are not entitled to inflict physical or mental harm, neither by omission nor commission. In this paper, I aim to elucidate the open future principle, and consider whether it is applicable to non-therapeutic circumcision of boys, whether performed for cultural/religious or for prophylactic/health reasons. I argue that the principle is highly applicable to non-therapeutic circumcision, and conclude that non-therapeutic circumcision would be a violation of the child's right to an open future, and thus objectionable from both an ethical and a human rights perspective. (shrink)

There has been recent interest in formulating theories of non-representational indeterminacy. The aim of this paper is to clarify the relevance of quantum mechanics to this project. Quantum-mechanical examples of vague objects have been offered by various authors, displaying indeterminate identity, in the face of the famous Evans argument that such an idea is incoherent. It has also been suggested that the quantum-mechanical treatment of state-dependent properties exhibits metaphysical indeterminacy. In both cases it is important to consider the details of (...) the metaphysical account and the way in which the quantum phenomenon is captured within it. Indeed if we adopt a familiar way of thinking about indeterminacy and apply it in a natural way to quantum mechanics, we run into illuminating difficulties and see that the case is far less straightforward than might be hoped. (shrink)

This paper constructs a model of metaphysical indeterminacy that can accommodate a kind of ‘deep’ worldly indeterminacy that arguably arises in quantum mechanics via the Kochen-Specker theorem, and that is incompatible with prominent theories of metaphysical indeterminacy such as that in Barnes and Williams (2011). We construct a variant of Barnes and Williams's theory that avoids this problem. Our version builds on situation semantics and uses incomplete, local situations rather than possible worlds to build a model. We evaluate the resulting (...) theory and contrast it with similar alternatives, concluding that our model successfully captures deep indeterminacy. (shrink)

It has been widely noted that Humean supervenience , according to which everything supervenes on intrinsic properties of point-sized things and the spatiotemporal relations between them, is at odds with the nonlocal character of quantum mechanics, according to which not everything supervenes on intrinsic properties of point-sized things and the spatiotemporal relations between them. In particular, a standard view is that the parts of a composite quantum system instantiate further relations which are not accounted for in Lewis's Humean mosaic. But (...) that suggests a simple solution: Why couldn't Lewis simply add these new relations to the supervenience basis? The aim of this article is to use Humean supervenience as a foil to spell out a feature of entanglement of general metaphysical interest: The way in which the metaphysical lessons drawn for two-party systems ramify when systems of many parties are considered. The main conclusion is that the proposed simple fix in fact results in a supervenience thesis different in kind from Lewis's, by making the relations in the supervenience basis global in a certain sense. (shrink)

Action Anthropology and Sol Tax are both important chapters in the development of contemporary anthropology and applied social science. Although unknown or forgotten by most, both continue to be revered and applied by a group of intellectual descendants who will not let die either the man or the approach to helping commu-nities. In 2010 and 2011, former students, colleagues, the two Tax daughters--both academic professionals--and others came together to explore the relevance of Action Anthropology and Sol Tax to applied social (...) science today. In reflecting on the history of the man and the intellectual tradition that he inspired, the authors document the many contributions made by Tax and his student-colleague cohorts. Using examples from contemporary applications, the contributors also demonstrate the present-day power of the ideas and approaches developed over the first 75 years. Time will tell whether Action Anthropology and Sol Tax in 2012: The Final Word? will close this important chapter in the development of applied social science research. Regardless, the tenets of Action Anthropology, detailed and explicated throughout this volume, will continue to provide a foundation for all applied scientists interested in social justice, indigenous decolonization, and improving the human condition. (shrink)

A recent development in philosophical scholarship on reparations for black chattel slavery and Jim Crow segregation is reliance upon social science in normative arguments for reparations. Although there are certainly positive things to be said in favor of an empirically informed normative argument for black reparations, given the depth of empirical disagreement about the causes of persistent racial inequalities, and the ethos of 'post-racial' America, the strongest normative argument for reparations may be one that goes through irrespective of how we (...) ultimately explain the causes of racial inequalities. By illuminating the interplay between normative political philosophy and social scientific explanations of racial inequality in the prevailing corrective justice argument for black reparations, I shall explain why an alternative normative argument, which is not tethered to a particular empirical explanation of racial inequality, may be more appealing. (shrink)

According to Lewis's modal realism, all ways the world could be are represented by possible worlds, and all possible worlds represent some way the world could be. That there are just the right possible worlds to represent all and only the ways the world could be is to be guaranteed by the principle of recombination. Lewis sketches the principle (put roughly: anything can co-exist with anything else), but does not spell out a precise version that generates just the right possibilities. (...) David Efird and Tom Stoneham have offered a principle that aims to do just that.In this paper, we argue that Efird's and Stoneham's principle of recombination is not successful – it fails to generate the right possibilities – but we also suggest ways that their account might be improved to solve the problem we raise. We also argue against Efird's and Stoneham's claim that the correct principle of recombination demonstrates the possibility of nothing concrete – it is true that their principle of recombination has models consistent with the existence of an empty world, but we only get the possibility of nothing if mereologically null individuals are possible. The Lewisian should only think mereologically null individuals are possible if he or she has some independent reason for believing in the possibility of an empty world, so the principle of recombination provides no new evidence for that possibility. We draw some morals from this for the correct way to formulate the principle of recombination. (shrink)

This paper considers two aspects of Lewis 's metaphysics to which spatiotemporal relations appear central, with the aim of showing them to be less so. First, Lewis reluctantly characterises what it is for two things to be part of the same possible world in terms of an analogically spatiotemporal category of relations, rather than a wider natural external category. But Lewis 's reason for restricting himself to the narrower category is unpersuasive. Second, Humean supervenience is formulated with spatiotemporal relations at (...) its core. But that seems negotiable. A reason for caring about this is that quantum mechanics is supposed to threaten Lewis 's metaphysics by introducing natural external relations that are not spatiotemporal, hence the interest in how central spatiotemporal relations really are. (shrink)

Moral and legal responsibility is diminished in neuropsychiatric patients who lack the capacity to use reasoning to determine morally appropriate behavior. Patients with behavioral-variant frontotemporal dementia (bvFTD), however, develop immoral behaviors as a result of their disease despite the ability to explicitly state that their behavior is wrong. In order to determine whether bvFTD patients should be held responsible for their immoral behavior, we begin by discussing the philosophical concepts of free will, determinism, and responsibility. Those who believe in both (...) determinism and free will are called compatibilists. We argue that reason-responsiveness, a specific type of compatibilism, cannot fully determine responsibility in bvFTD patients if reason-responsiveness is considered to be a single, unified concept. Instead, we argue that several different neuropsychological capacities, including many that are impaired in bvFTD patients, contribute to a patient's ability to respond to certain reasons in specific situations. Finally, we propose a new framework for understanding reason-responsiveness, using case examples to illustrate how this model can be used to determine responsibility in neuropsychiatric patients. (shrink)

Drawing on social psychological evidence showing that the perspective from which the economically advantaged and disadvantaged view economic inequalities matters a great deal for how they are appraised, for when they are considered unfair, and for what evidentiary standards individuals rely upon to reach their conclusions, we argue that choice egalitarianism is unsuitable for articulating the demands of justice when people not only disagree about the causes of inequality but also have motivated reasons to adopt different standards for appraising its (...) fairness. Because choice egalitarianism requires us to take a stand on the causes of inequality it is an unsuitable ideal. This is a serious shortcoming when we are interested in getting people to assume collective responsibility for doing something about inequality in the real world. (shrink)

Indeterminacy in its various forms has been the focus of a great deal of philosophical attention in recent years. Much of this discussion has focused on the status of vague predicates such as ‘tall’, ‘bald’, and ‘heap’. It is determinately the case that a seven-foot person is tall and that a five-foot person is not tall. However, it seems difficult to pick out any determinate height at which someone becomes tall. How best to account for this phenomenon is, of course, (...) a controversial matter. For example, some (such as Sorensen (2001) and Williamson (2002)) maintain that there is a precise height at which someone becomes tall and such apparent cases of indeterminacy merely reflects our ignorance of this fact. Others maintain that there is some genuine – and not merely epistemic – indeterminacy present is such cases and offer various accounts of how best to account for it. Supervaluationists (such as Keefe (2008)), for example, claim that the indeterminacy with respect to vague terms lies in their not having a single definite extension. Rather, each term is associated with a range of possible precise extensions or precisifications such that it is semantically unsettled which is the correct extension. One precisification of ‘tall’ might allow that anyone over five feet ten inches is tall, whereas another would only allow those over six foot to qualify; but no precisification will take someone who is five foot to be tall, and someone who is seven foot will count as tall on all precisifications. Thus – while someone who is seven foot will be determinately tall and someone who is five foot determinately not so – it will be indeterminate whether someone who stands at five foot eleven inches is tall. -/- Yet, it is important to stress that putative cases of indeterminacy are not limited to vague predicates of this kind. Philosophers have invoked indeterminacy in discussions of topics as diverse as moral responsibility (Bernstein (forthcoming)), identity over time (Williams (2014)), and the status of the future (Barnes and Cameron (2009)). In this paper, we focus on two areas where discussion of various kinds of indeterminacy has been commonplace: physics and fiction. We propose a new model for understanding indeterminacy across these domains and argue that it has some notable advantages when compared to earlier accounts. Treating physics and fiction cases univocally also indicates an interesting connection between indeterminacy in these two areas. (shrink)

This article applies two explanations of sexual harassment—gender dominance and sex-role spillover—in multivariate analyses of perceptions of two forms of harassment of women in legal settings by male judges and attorneys. Regression analyses of data from statewide samples of Florida judges and attorneys support the age/spillover hypothesis: Older cohorts of men are markedly less likely than are other respondents to perceive male judges' and attorneys' gender-typing behavior. Some support is also found for the age/dominance hypothesis, which predicts that younger women (...) will be especially aware of more serious forms of sexual harassment by male judges and attorneys. Younger women judges, particularly those with a feminist orientation, show markedly greater awareness of sexual advances and other dominance behaviors by male judges. (shrink)

Much of the contemporary debate about the propriety of non-therapeutic circumcision of male infants and boys revolves around the question of risks vs. benefits. With its headline conclusion that the benefits outweigh the risks, the current circumcision policy of the American Academy of Pediatrics [AAP] (released 2012) is a typical instance of this line of thought. Since the AAP states that it cannot assess the true incidence of complications, however, critics have pointed out that this conclusion is unwarranted. In this (...) paper it is argued that the AAP’s conclusion is untenable not only for empirical reasons related to lack of data, but also for logical and conceptual reasons: the concept of risk employed—risk of surgical complications—is too narrow to be useful in the circumcision debate. Complications are not the only harms of circumcision: the AAP and other parties debating the pros and cons of circumcision should conceptualize their analysis more broadly as risk of harm vs. prospect of benefit, thereby factoring in the value of the foreskin to the individual and the physical and ethical harms of removing it from a non-consenting child. (shrink)

all the violence in hip hop? Does po-po wield legit authority in the hood? Where does the real Kimberly Jones end and the persona Lil' Kim begin? Is hip-hop culture a "black" thang?

Besides the usual business of solving paradoxes, there has been recent philosophical work on their essential nature. Lycan characterises a paradox as “an inconsistent set of propositions, each of which is very plausible.” Building on this definition, Paseau offers a numerical measure of paradoxicality of a set of principles: a function of the degrees to which a subject believes the principles considered individually (all typically high) and of the degree to which the subject believes the principles considered together (typically low). (...) We argue (a) that Paseau's measure fails to score certain paradoxes properly and (b) that this failure is not due to the particular measure but rather that any such function just of credences fails to adequately capture paradoxicality. Our analysis leads us to conclude that Lycan's definition also fails to capture the notion of paradox. (shrink)

In his detailed and comprehensive analysis, Brian D. Earp shows clearly that prevailing discourses on female genital cutting have sought to quarantine the practice from male genital cutting, and further demonstrates that none of the various features that are supposed to fully distinguish one set of procedures from the other can logically hold water. The fundamental problem seems to be that the voluntary and official bodies campaigning against FGC, and especially the United Nations and the World Health Organization, show unjustified (...) discrimination and hence inconsistency with respect to gender and culture, but fail to make justified and morally relevant discriminations with respect to age... (shrink)

Some political philosophers have recently argued that providing K–12 students with an adequate education suffices for social justice in education provided that the threshold of educational adequacy is properly understood. Others have argued that adequacy is insufficient for social justice. In this article I side with the latter group. I extend this debate to racial inequality in education by considering the controversial practice of paying students cash for grades to close the racial achievement gap. I then argue that framing the (...) demand for racial justice in education solely in terms of educational adequacy leaves us unable to take issue with the cash for grades policy as a matter of principle. While this does not entail that educational adequacy is unimportant, it adds to the general case for why adequacy does not suffice for social justice. (shrink)

As artificial intelligence becomes ubiquitous, it will be increasingly involved in novel, morally significant situations. Thus, understanding what it means for a machine to be morally responsible is important for machine ethics. Any method for ascribing moral responsibility to AI must be intelligible and intuitive to the humans who interact with it. We argue that the appropriate approach is to determine how AIs might fare on a standard account of human moral responsibility: a Strawsonian account. We make no claim that (...) our Strawsonian approach is either the only one worthy of consideration or the obviously correct approach, but we think it is preferable to trying to marry fundamentally different ideas of moral responsibility into a single cohesive account. Under a Strawsonian framework, people are morally responsible when they are appropriately subject to a particular set of attitudes—reactive attitudes—and determine under what conditions it might be appropriate to subject machines to this same set of attitudes. Although the Strawsonian account traditionally applies to individual humans, it is plausible that entities that are not individual humans but possess these attitudes are candidates for moral responsibility under a Strawsonian framework. We conclude that weak AI is never morally responsible, while a strong AI with the right emotional capacities may be morally responsible. (shrink)

Mental health clinicians and evaluators of a person's mental health for legal purposes must address highly nuanced and possibly conflicting goals that arise in their work. Forensic Neuropsychiatric Ethics reviews real-life dilemmas facing practitioners who work in the field of mental health. The first two chapters ground the reader in the modern history and evolution of forensic ethics. Subsequent chapters provide practical direction on a range of important topics, including maintaining robust professionalism, writing an ethical report, testifying ethically, participating in (...) capital cases, managing bias and subjectivity, incorporating testing into one's opinion, and working in leadership roles. Other topics include providing informed consent; violating confidentiality; considering advance directives and physician assistance in dying; fulfilling the Tarasoff duty to protect; ethical considerations related to assisted outpatient treatment; the assessment and potential removal of firearms; the termination of pregnancy and decisional capacity; recognition of structural and implicit bias in violence risk assessments; and implications for the use of neuroscience and artificial intelligence in the courtroom. The book is written for all clinicians, forensic evaluators, educators, administrators, lawyers, and judges. (shrink)