Intentionalism is the view that statutes should be interpreted in accordance with the intentions of the legislatures that produce them. As a theory of legislative interpretation, intentionalism has been very influential, but it has also been subject to much critical attention. It is claimed that legislatures will seldom have any relevant intentions, and that even if they did, we could not come to know them. I propose a modification of intentionalism that significantly mitigates the severity of these problems. I begin (...) by noting that legislation is seldom (if ever) written by an entire legislature. Instead, it is commonly written by individuals or subgroups acting as proxies on behalf of the legislature. I then argue that the reasons why legislation should be interpreted in accordance with the intentions of legislatures are equally applicable to the intentions of proxies. This is significant because proxies are much more likely to have ascertainable intentions. (shrink)

The primary aim of this article is to develop and defend a conceptual analysis of safety. The article begins by considering two previous analyses of safety in terms of risk acceptability. It is argued that these analyses fail because the notion of risk acceptability is more subjective than safety, as risk acceptability takes into account potential benefits in a way that safety does not. A distinction is then made between two different kinds of safety—safety qua cause and safety qua recipient—and (...) both are defined in terms of the probability of a loss of value, though the relationship between safety and the probability of loss varies in each case. It is then shown that although this analysis is less subjective than the previously considered analyses, subjectivity can still enter into judgments of safety via the notions of probability and value. In the final section of this article, it is argued that the difference between safety and risk acceptability is important because it corresponds in significant ways to the difference between consequentialist and deontological moral viewpoints. (shrink)

The diffusion of technology in the US has taken place in an environment of both regulation and free enterprise. Each has been subject to manipulation by doctors and medical administrators that has fostered unprecedented ethical dilemmas and legal challenges. Understanding these developments and historical precedents may allow a more rational diffusion policy for medical technology in the future.

This study explores professional footballers’ perceptions of where banter crosses the conceptual line into bullying. The study’s focus is of importance, given the impact that abusive behaviors have been found to have on the welfare and safeguarding of English professional footballers. A phenomenological approach was adopted, which focused on the essence of the participants’ perceptions and experiences. Guided by Interpretative Phenomenological Analysis, individual semi-structured interviews were conducted with 18 male professional footballers from three Premier League and Championship football clubs. The (...) findings from this study revealed several key superordinate themes in relation to the dividing line between bullying and banter. These themes included “perception,” “intentionality,” “detecting the line,” and “having a bit of banter.” The findings demonstrate how perceptions of bullying and banter are nuanced by individual differences among the players and the culture of the professional football context. Specifically, it was found that the professional football context can legitimize forms of humor blurring the lines between bullying and banter, challenging the typically positive view of the concept of banter in this environment. From an applied perspective, these findings highlight the need for coaches, players, and football clubs more broadly to address cultural expectations around banter in their environment, while educating individuals around their own perceptions of bullying and banter. (shrink)

Athens and Wittenberg explores how Luther and early Lutheranism did not neglect the classics of Greece and Rome, but continued to draw from the philosophy and poetry of antiquity in their quest to reform the church.

Evidence that confirms a scientific hypothesis is said to be ‘novel’ if it is not discovered until after the hypothesis isconstructed. The philosophical issues surrounding novel confirmation have been well summarized by Campbell and Vinci [1983]. They write that philosophers of science generally agree that when observational evidence supports a theory, the confirmation is much stronger when the evidence is ‘novel’... There are, nevertheless, reasons to be skeptical of this tradition... The notion of novel confirmation is beset with a theoretical (...) puzzle about how the degree of confirmation can change without any change in the evidence, hypothesis, or auxiliary assumptions... There have not yet appeared any obviously satisfactory solutions to these problems Much of the literature on novel confirmation relies on the Bayesian analysis of conditional probabilities. Let H represent a hypothesis, E an event that confirms the hypothesis, and B some relevant background information. Denote by Pr the conditional probability of x given y. There are various plausible measures of the degree of support that E lends to H. Among these are: Degree of support = Pr Degree of support = Pr – Pr Degree of support = Pr – Pr Degree of support = Pr – Pt In the work cited, Campbell and Vinci offer a somewhat more involved Bayesian interpretation. Formula is discussed by Gardner [1981] who points out that under this formulation there can be no role for novelty. 'The function Pr contains no third slot in which to insert a temporal relation between the invention of H and the inventor's learning E. Obviously, then, this relation could not possibly affect E's support of H.' Formula, on the other hand, suggests a role for novelty. Bayes's Theorem allows us to rewrite the formula as Degree of support = Pr x [Pr – 1] We can use 1/Pr as a measure of the novelty of E. Then shows that the degree of support increases with novelty of E. In the paper already cited, Campbell and Vinci discuss shortcomings of this analysis. Formula expresses an alternative offered by Howson [1984]. In that formula, Pr represents the probability of H assuming that only B – {E} is known. This allows for the possibility of non-novel facts generating support for hypotheses. Niiniluoto [1984] argues for a variant along the lines of, in which we account for the possibility that the theorist was unaware that his hypothesis entails E. One problem in deciding among these approaches is that the choice of a definition for the degree of support appears arbitrary. What kind of argument could justify the choice of one definition over another? It is our position that there can be no basis for addressing this question in the absence of an explicit model of the process by which hypotheses are generated. Only in the presence of such a model can the various conditional probabilities be given meaningful interpretations. We provide such models in Sections 1, 2 and 4. The simple model of Section 1, incorporating strong assumptions, yields the conclusion that novelty is irrelevant. When these assumptions are relaxed in the later sections, novelty becomes relevant for a variety of reasons. It is at least potentially the case that scientists have more information about their own abilities than is publicly available, and this information might influence their decisions about whether even to attempt novel prediction. If this is so, then it should be incorporated into the model of hypothesis generation. This requires an explicit discussion of how scientists respond to incentives and how the incentives themselves evolve, which in turn takes us into the realm of economic theory. We have addressed these issues in another paper, written for an audience of economists. The results of this research are summarized in Section 3. (shrink)

Lindquist et al. provide a compelling summary of the brain bases of the onset of emotion. Their conclusions, however, are constrained by typical fMRI techniques that do not assess a key ingredient in emotional experience – timing. We discuss the importance of timing in theories of emotion as well as the implications of neural temporal dynamics for psychological constructionism.

Recent advances in philosophical thinking about consciousness, such as cognitive phenomenology and mereological analysis, provide a framework that facilitates using computational models to explore issues surrounding the nature of consciousness. Here we suggest that, in particular, studying the computational mechanisms of working memory and its cognitive control is highly likely to identify computational correlates of consciousness and thereby lead to a deeper understanding of the nature of consciousness. We describe our recent computational models of human working memory and propose that (...) three computational correlates of consciousness follow from the results of this work: itinerant attractor sequences, top-down gating, and very fast weight changes. Our current investigation is focused on evaluating whether these three correlates are sufficient to create more complex working memory models that encompass compositionality and basic causal inference. We conclude that computational models of working memory are likely to be a fruitful approach to advancing our understanding of consciousness in general and in determining the long-term potential for development of an artificial consciousness specifically. (shrink)

Collaboration requires agents to coordinate their behavior on the fly, sometimes cooperating to solve a single task together and other times dividing it up into sub‐tasks to work on in parallel. Underlying the human ability to collaborate is theory‐of‐mind (ToM), the ability to infer the hidden mental states that drive others to act. Here, we develop Bayesian Delegation, a decentralized multi‐agent learning mechanism with these abilities. Bayesian Delegation enables agents to rapidly infer the hidden intentions of others by inverse planning. (...) We test Bayesian Delegation in a suite of multi‐agent Markov decision processes inspired by cooking problems. On these tasks, agents with Bayesian Delegation coordinate both their high‐level plans (e.g., what sub‐task they should work on) and their low‐level actions (e.g., avoiding getting in each other's way). When matched with partners that act using the same algorithm, Bayesian Delegation outperforms alternatives. Bayesian Delegation is also a capable ad hoc collaborator and successfully coordinates with other agent types even in the absence of prior experience. Finally, in a behavioral experiment, we show that Bayesian Delegation makes inferences similar to human observers about the intent of others. Together, these results argue for the centrality of ToM for successful decentralized multi‐agent collaboration. (shrink)

In this article, we comment on Ciaffa’s article ‘The Ethics of Unilateral Do-Not-Resuscitate Orders for COVID-19 Patients.’ We summarize his argument criticizing futility and utilitarianism as the key ethical justifications for unilateral do-not-resuscitate orders for patients with COVID-19.

No particular dagger was the object of Macbeth’s hallucination of a dagger. In contrast, when he hallucinated his former comrade Banquo, Banquo himself was the object of the hallucination. Although philosophers have had much to say about the nature and philosophical import of hallucinations (e.g. Macpherson and Platchias, Hallucination, 2013) and object-involving attitudes (e.g. Jeshion, New essays on singular thought, 2010), their intersection has largely been neglected. Yet, object-involving hallucinations raise interesting questions about memory, perception, and the ways in (...) which we have knowledge of the world around us. In this paper, I offer an account of object-involving hallucinations. Specifically, I argue that they are an unusual species of perceptual remembering. (shrink)

It has been claimed that (1) computer professionals should be held responsible for an undisclosed list of “undesirable events” associated with their work and (2) most if not all computer disasters can be avoided by truly understanding responsibility. Programmers, software developers, and other computer professionals should be defended against such vague, counterproductive, and impossible ideals because these imply the mandatory satisfaction of social needs and the equation of ethics with a kind of altruism. The concept of social needs is debatable (...) with no one possessing the authority to impose their version of them. Similarly, the notion of “positive responsibility” is difficult to apply, does not effectively change computing practice, and confuses good (i.e., efficient) computer engineering with good (i.e. moral) computer engineering. (shrink)

In a recent article in FAITH AND PHILOSOPHY, Alvin Plantinga advised Christian philosophers to philosophize in light of their fundamental beliefs as Christians. Believing that his discussion does not give proper weight to the necessary role of secular beliefs in modifying our Christian beliefs, in this article I propose that Christian beliefs and secular beliefs should be related more dialectically than Plantinga suggests--i.e., that neither should always be given precedence. I defend this proposal with several examples on a variety of (...) topics from the history of Christian thought and suggest how much weight to give to beliefs of each type. (shrink)

In what may be the most radical business book ever published, philosopher Jay Ogilvy shows that living without a goal is the only way to accomplish anything. In the 1980s we ran our lives with all the direction and confidence filofaxes and to-do lists could provide. Always knowing exactly where we were headed, we climbed toward the goals corporate America held out in front of us like so many carrots: higher salaries, better titles, more impressive offices. But after a decade (...) of climbing, the air is getting thin. We crave the chance to create, to express ourselves, and to make a difference, not just a living. It is time, says businessman/philosopher James Ogilvy, to tear up the to-do lists and grant ourselves the freedom to enjoy what E. M. Forster calls "the lights and shades that exist in the greyest conversation." Ogilvy shows that richness and color and flavor flood back into our lives once we set aside the goals that hold us captive. He explores how philosophers (from Plato to Nietzsche), lovers, ideologues, and executives have at one time or another lived without goals. What emerges from his argument is a new look at how to achieve personal creativity and freedom by fashioning one's day to-day life, not as a larger goal-producing machine, but as a personal work of art. (shrink)

Camisha Russell has written a beautiful essay articulating why race and racism should be centered within bioethics. I agree with her assertion that Black Lives Matter (and the subsequent backlash t...

The complex-systems approach to cognitive science seeks to move beyond the formalism of information exchange and to situate cognition within the broader formalism of energy flow. Changes in cognitive performance exhibit a fractal (i.e., power-law) relationship between size and time scale. These fractal fluctuations reflect the flow of energy at all scales governing cognition. Information transfer, as traditionally understood in the cognitive sciences, may be a subset of this multiscale energy flow. The cognitive system exhibits not just a single power-law (...) relationship between fluctuation size and time scale but actually exhibits many power-law relationships, whether over time or space. This change in fractal scaling, that is, multifractality, provides new insights into changes in energy flow through the cognitive system. We survey recent findings demonstrating the role of multifractality in (a) understanding atypical developmental outcomes, and (b) predicting cognitive change. We propose that multifractality provides insights into energy flows driving the emergence of cognitive structure. (shrink)

This is a theological adventure based on the thought of Charles Hartshorne. Its appearance at this time represents an attempt to begin anew in theology on the assumption that the abstract God of classical thinking is dead. Hartshorne's philosophy advances a God of concrete and changing reality, as opposed to the abstract, immutable and "dead" God image of the radical theologians. The author argues that the "Death of God" theology is no more than a recognition that Christian incarnation is impossible (...) given classical presuppositions; argues for disallowance of the traditional image and positing of a neo-classic, dipolar concept of God which surpasses the abstract and makes acceptable the belief in a Supreme Being. (shrink)

This paper traces the development of a deliberate and intense emphasis on visuality in literary representation of the second through fourth centuries C.E., resulting in a new cultural phenomenon: attributing the characteristics and functions of images to living persons. Calling on a range of sources from Lucian's Eikones to the Life of St. Daniel the Stylite and recent scholarship in art history and critical theory, the paper analyzes a series of interfaces between verbal and visual representation in terms of an (...) active transaction between viewer and viewed to construct meaning and establish and communicate social power. (shrink)

This paper assesses the effect of DNA barcoding—the use of informative genetic markers to identify and discriminate between species—on taxonomy. Throughout, we interpret this in terms of _varipraxis_, a concept we introduce to make sense of the treatment of biological variation by scientists and other practitioners. From its inception, DNA barcoding was criticised for being reductive, in attempting to replace multiple forms of taxonomic evidence with just one: DNA sequence variation in one or a few indicative genes. We show, though, (...) how DNA barcoding has not narrowed or reduced taxonomy in the way it was projected to. We examine the development and implementation of DNA barcoding across three kingdoms of life: animals, plants, and protists. Through this, we demonstrate that for DNA barcoding to work, the range of acceptable intra-specific variation needs to be demarcated from variation deemed to be characteristic of inter-specific differences. Consequently, biological processes responsible for particular patterns of variation need to be investigated and understood. This encourages an integrative disposition towards understanding and explaining the evolutionary processes affecting the rate and nature of change at the nucleotide level. We detail how the impact of DNA barcoding has manifested differently across the three kingdoms we examine, assessing this in terms of the ontological commitments that are held and instantiated in practice. Based on this evaluation, we consider the problem of studying multi-kingdom communities, and assess the consequences of our analysis for understanding classification and taxonomy. (shrink)

In the _World Library of Educationalists_, international experts themselves compile career-long collections of what they judge to be their finest pieces – extracts from books, key articles, salient research findings, major theoretical and practical contributions – so the world can read them in a single manageable volume, allowing readers to follow the themes of their work and see how it contributes to the development of the field. Mary James has researched and written on a range of educational subjects which (...) encompass curriculum, pedagogy and assessment in schools, and implications for teachers´ professional development, school leadership and policy frameworks. She has written many books and journals on assessment, particularly assessment for learning and is an expert on teacher learning, curriculum, leadership for learning and educational policy. Starting with a specially written introduction in which Mary gives an overview of her career and contextualises her selection, the chapters are divided into three parts: Educational Assessment and Learning Educational Evaluation and Curriculum Development Educational Research and the Improvement of Practice Through this book, readers can follow the different strands that Mary James has researched and written about over the last three decades, and clearly see her important contribution to the field of education. (shrink)

Philosophy in the Ancient World: An Introduction—an intellectual history of the ancient world from the eighth century B.C.E. to the fifth century C.E., from Homer to Boethius—describes and evaluates ancient thought in its cultural setting, showing how it affected and was affected by that setting. The greatest philosophers and cultural figures and a number of lesser ones receive careful description and evaluation. Philosophy in the Ancient World is ideally suited as a supplement for undergraduate courses in Ancient Philosophy and the (...) History of Philosophy in the West. (shrink)

The issue addressed in this thesis is one in the absolute idealism of Spinoza. It is one of specifying an interpretation of substance-attribute identity as a solution to the problem of reconciling it with the diversity of the attributes and the oneness of substance. As a testing ground for any proposed solution, a list of questions is generated. Given the countable diversity of the attributes, can we conceive of the identity of each of them with the one substance? Why, if (...) I am identical to a mode of each of infinite attributes, do I perceive only a body? What is the rational explanation for the infinite countable diversity of the attributes and our being directly acquainted with only two? In what manner can we reconcile the divisibility of substance with the activity of thought? How does one reconcile the order of extension seeming to be one of external relations with the essentially internal order of any finite thinking thing? How does one reconcile the independent being of modes of extension with the truth-functionality of ideas? In what manner is it possible to understand the appearance of the uniqueness of the one thing conceived under the idea of the body and the one-among-severalness of the same thing conceived under the idea of the individual's mind? In what manner can it be said that substance, consisting of infinite attributes, is accurately and completely conceived through any one of them while each is conceptually independent of every other? How can the one thing which is mind and body be wholly and accurately conceived to be a mode of either of their respective attributes while modes of differing attributes are also conceptually independent? The interpretations of substance-attribute identity given by John Clark Murray, T. L. S. Sprigge, and Errol E. Harris, in their writings in which they advocate reading Spinoza as an absolute idealist, are argued to be disadvantageous in dealing with the evident parallelism of the attributes. Finally, a proposed solution, offered by an alternative absolute idealist interpretation of substance-attribute identity, is developed in response to each of the above questions. (shrink)

Background Institutional Review Boards (IRBs) are federally mandated to include both nonscientific and unaffiliated representatives in their membership. Despite this, there is no guidance or policy on the selection of unaffiliated or non-scientist members and reports indicate a lack of clarity regarding members’ roles. In the present study we sought to explore processes of recruitment, training, and the perceived roles for unaffiliated and non-scientist members of IRBs.Methods We distributed a self-administered REDCap survey of members of the Association for the Accreditation (...) of Human Research Protection Programs familiar with IRB member recruitment. The survey included closed and open-ended questions regarding: the operation of the HRPP/IRB(s), how unaffiliated and non-scientist members are recruited, whether they had faced challenges recruiting for these roles, and training and mentorship offered. The survey also collected information regarding the perceived value and roles of unaffiliated and non-scientist members.Results 76 responses were included in the analysis (38% completion rate). The most common approach for recruitment was referral from current IRB members, with almost half of respondents indicating challenges recruiting unaffiliated members. Over 75% indicated no additional training was provided to unaffiliated or non-scientist members compared to affiliated or scientist members. Most common supports provided were travel/parking expenses and honoraria. Commonly perceived roles were to provide an independent voice from the participant perspective, notably regarding consent processes and materials.Conclusions Respondents indicated challenges in defining unaffiliated and non-scientist members and limited practices toward recruitment and support. Future work should more closely examine the challenges in defining these roles and applying the definitions in practice, as well as strategies that may improve recruitment and retention of unaffiliated and non-scientist members. (shrink)

The shortage of organs for transplantation by its nature prompts ethical dilemmas. For example, although there is an imperative to save human life and reduce suffering by maximising the supply of vital organs, there is an equally important obligation to ensure that the process by which we increase the supply respects the rights of all stakeholders. In a relatively unexamined practice in the USA, organs are procured from unrepresented decedents without their express consent. Unrepresented decedents have no known healthcare wishes (...) or advance care planning document; they also lack a surrogate. The Revised Uniform Anatomical Gift Act (RUAGA) of 2006 sends a mixed message about the procurement of organs from this patient population and there are hospitals that authorise donation. In addition, in adopting the RUAGA, some states included provisions that clearly allow organ procurement from unrepresented decedents. An important unanswered question is whether this practice meets the canons of ethical permissibility. The current Brief Report presents two principled approaches to the topic as a way of highlighting some of the complexities involved. Concluding remarks offer suggestions for future research and discussion. (shrink)

In this comprehensive collection of essays, most of which appear for the first time, eminent scholars from many disciplines—philosophy, economics, sociology, political science, demography, theology, history, and social psychology—examine the causes, nature, and consequences of present-day consumption patterns in the United States and throughout the world.

Images portraying exercise are commonly used to promote exercise behavior and to measure automatic associations of exercise (e.g., via implicit association tests). The effectiveness of these promotion efforts and the validity of measurement techniques partially rely on the untested assumption that the images being used are perceived by the general public as portrayals of exercise that is pleasant and motivating. The aim of this study was to investigate how content of images impacted people's automatic and reflective evaluations of exercise images. (...) Participants ( N = 90) completed a response time categorization task (similar to the implicit association test) to capture how automatically people perceived each image as relevant to Exercise or Not exercise. Participants also self-reported their evaluations of the images using visual analog scales with the anchors: Exercise / Not exercise, Does not motivate me to exercise / Motivates me to exercise, Pleasant / Unpleasant, and Energizing/Deactivating. People tended to more strongly automatically associate images with exercise if the images were of an outdoor setting, presented sport (as opposed to active labor or gym-based) activities, and included young (as opposed to middle-aged) adults. People tended to reflectively find images of young adults more motivating and relevant to exercise than images of older adults. The content of exercise images is an often overlooked source of systematic variability that may impact measurement validity and intervention effectiveness. (shrink)

Halford et al.'s analysis of relational complexity provides a possible framework for characterizing the symbolic functions of the prefrontal cortex. Studies of prefrontal patients have revealed that their performance is selectively impaired on tasks that require integration of two binary relations (i.e., tasks that Halford et al.'s analysis would identify as three-dimensional). Analyses of relational complexity show promise of helping to understand the neural substrate of thinking.

This study used experimental and correlational techniques to examine perceptions that university faculty hold regarding the practice of professorial selling of examination textbooks to wholesalers. Faculty members (n = 236) from 14 universities and community colleges and a wide variety of academic disciplines responded to a web-based survey. We presented hypothetical selling situations to respondents with manipulated variables consisting of solicitation status (unsolicited versus solicited) and use of money (for faculty or for student activities). Both main effects and the interaction (...) effect were significant such that respondents perceived it to be more ethical to sell an examination book when the book was unsolicited and when the money was being used to fund student activities. The variable most correlated with faculty members' beliefs that book selling is ethical and the faculty members' self-reports of whether or not they have engaged in bookselling was how widespread the practice appeared to be on campus. About 30 percent of faculty members sold textbooks over the past year at a dollar value of about $80 per professor. About 38 percent of respondents reported they believed the practice to be generally ethical. Implications for business ethics theory, students' moral development, and advancement of on-campus codes of ethics policies are discussed along with avenues for future research. (shrink)

Contextual learning pervades our perception and cognition and plays a critical role in adjusting to aversive and stressful events. Our ability to memorise spatial context has been studied extensive...

A variety of approaches have appeared in academic literature and in design practice representing “ethics-first” methods. These approaches typically focus on clarifying the normative dimensions of design, or outlining strategies for explicitly incorporating values into design. While this body of literature has developed considerably over the last 20 years, two themes central to the endeavour of ethics and values in design (E + VID) have yet to be systematically discussed in relation to each other: (a) designer agency, and (b) the (...) strength of normative claims informing the design process. To address this gap, we undertook a structured review of leading E + VID approaches and critiques, and classified them according to their positions on normative strength, and views regarding designer agency. We identified 18 distinct approaches and 13 critiques that met the inclusion criteria for our review. Included papers were distributed across the spectrum of views regarding normative strength, and we found that no approaches and only one critique represented a view characteristic of “low” designer agency. We suggest that the absence of “low” designer agency approaches results in the neglect of crucial influences on design as targets of intervention by designers. We conclude with suggestions for future research that might illuminate strategies to achieve ethical design in information mature societies, and argue that without attending to the tensions raised by balancing normatively “strong” visions of the future with limitations imposed on designer agency in corporate-driven design settings, “meaningful” ethical design will continue to encounter challenges in practice. (shrink)