We all know that speech can be harmful. But how? Mary Kate McGowan argues that speech constitutes harm when it enacts a norm that prescribes that harm. She investigates such harms as oppression, subordination, and discrimination in such forms of speech as sexist remarks, racist hate speech, pornography, verbal triggers, and micro-aggressions.

I here present two different models of oppressive speech. My interest is not in how speech can cause oppression, but in how speech can actually be an act of oppression. As we shall see, a particular type of speech act, the exercitive, enacts permissibility facts. Since oppressive speech enacts permissibility facts that oppress, speech must be exercitive in order for it to be an act of oppression. In what follows, I distinguish between two sorts of exercitive speech acts (the standard (...) exercitive and the covert exercitive) and I argue that each such exercitive affords a distinct model of oppressive speech. (shrink)

Human microbiome research makes causal connections between entire microbial communities and a wide array of traits that range from physiological diseases to psychological states. To evaluate these causal claims, we first examine a well-known single-microbe causal explanation: of Helicobacter pylori causing ulcers. This apparently straightforward causal explanation is not so simple, however. It does not achieve a key explanatory standard in microbiology, of Koch’s postulates, which rely on manipulations of single-microorganism cultures to infer causal relationships to disease. When Koch’s postulates (...) are framed by an interventionist causal framework, it is clearer what the H. pylori explanation achieves and where its explanatory strengths lie. After assessing this ‘simple’, single-microbe case, we apply the interventionist framework to two key areas of microbiome research, in which obesity and mental health states are purportedly explained by microbiomes. Despite the experimental data available, interventionist criteria for explanation show that many of the causal claims generated by microbiome research are weak or misleading. We focus on the stability, specificity and proportionality of proposed microbiome causal explanations, and evaluate how effectively these dimensions of causal explanation are achieved in some promising avenues of research. We suggest some conceptual and explanatory strategies to improve how causal claims about microbiomes are made. (shrink)

Catharine MacKinnon claims that pornography silences women in a way that violates the right to free speech. This claim is, of course, controversial, but if it is correct, then the very free speech reasons for protecting pornography appear also to afford reason to restrict it. For this reason, it has gained considerable attention. The philosophical literature thus far focuses on a type of silencing identified and analyzed by Jennifer Hornsby and Rae Langton (H&L). This article identifies, analyzes, and argues for (...) the importance of a different type of silencing. As we shall see, there are compelling reasons in favor of regarding H&L silencing as a free speech violation and, as I argue here, the same can be said for sincerity silencing. Although additional work needs to be done to show that either one actually is a free speech violation, I demonstrate here that both types of silencing equally warrant this further attention. Moreover, I show that sincerity silencing is a fairly widespread phenomenon; so, therefore, is the harm it constitutes. As a result of these considerations, then, we can safely conclude that sincerity silencing also requires our attention. (shrink)

The rapid rise of generative AI, including LLMs, has prompted a great deal of concern, both within and beyond academia. One of these concerns is that generative models embed, reproduce, and therein potentially perpetuate all manner of bias. The present study offers an alternative perspective: exploring the potential of LLMs to detect bias in human generated text. Our target is genetic essentialism in obesity discourse in Australian print media. We develop and deploy an LLM-based classification model to evaluate a large (...) sample of relevant articles (n=26,163). We show that our model detects genetic essentialist biases as reliably as human experts; and find that, while genes figure less prominently in popular discussions of obesity than previous work might suggest, when genetic information is invoked, it is often presented in a biased way. Implications for future work are discussed. (shrink)

This paper argues that an addressee's failure to recognize a speaker's authority can constitutes another form of silencing.

In a recent article in this journal, Nellie Wieland argues that silencing in the sense put forward by Rae Langton and Jennifer Hornsby has the unpalatable consequence of diminishing a rapist's responsibility for the rape. We argue both that Wieland misidentifies Langton and Hornsby's conception of silencing, and that neither Langton and Hornsby's actual conception, nor the one that Wieland attributes to them, in fact generates this consequence.

Janet Malek (91–102, 2019) argues that a “clinical ethics consultant’s religious worldview has no place in developing ethical recommendations or communicating about them with patients, surrogates, and clinicians.” She offers five types of arguments in support of this thesis: arguments from consensus, clarity, availability, consistency, and autonomy. This essay shows that there are serious problems for each of Malek’s arguments. None of them is sufficient to motivate her thesis. Thus, if it is true that the religious worldview of clinical ethics (...) consultants should play no role whatsoever in their work as consultants, this claim will need to be defended on some other ground. (shrink)

This paper argues that linguistic oppression is coherent; speech can oppress. Moreover, even though oppression is a structural phenomenon, a single utterance can nevertheless be an act of oppression. This paper also argues that ordinary utterances can oppress. That is, speakers do not need to have and be exercising authority in order for their speech to be oppressive. Furthermore, ordinary speech can oppress even though the speakers do not intend to oppress, even though the hearers do not take it to (...) oppress, even though the oppressed do not hear it, and even though the oppressed are unaware of being oppressed. On the account offered here, linguistic oppression is sneaky, hidden, and surprisingly widespread. (shrink)

Clinical ethics consultants (CECs) are not moral authorities. Standardization of CECs’ professional role does not confer upon them moral authority. Certification of particular CECs does not confer upon them moral authority (nor does it reflect such authority). Or, so we will argue. This article offers a distinctly Orthodox Christian response to those who claim that CECs—or any other academically trained bioethicist—retain moral authority (i.e., an authority to know and recommend the right course of action). This article proceeds in three parts. (...) First, we discuss recent movements toward the certification of CECs in the United States, focusing primarily on proposals and programs put forth by the American Society for Humanities and Bioethics (ASBH). Second, we outline two secular reasons to be concerned about the relevant trends toward certification. For one thing, certification is currently being advanced via political dominance, rather than gaining authority by reliance on rigorous philosophical argument or reason. For another, the trends operate on the assumption that there exists a secular, content-full, canonical, morality. There is no such morality. Next, we argue that Orthodox Christians should resist the current trends toward certification of CECs. Specifically, we unpack ways in which the ASBH’s certification program (and those like it) conflict with Orthodox claims about moral authority and the moral life more generally. We conclude that Orthodox Christians should resist the current certification trends. (shrink)

analiticamente para a produção de conhecimento sobre linguagens e literacias em educação matemática. Isto é motivado por duas preocupações que estão relacionadas: aquela em que a busca da certeza, estabilidade e permanência dos significados dos conceitos analíticos trazem para algumas existências do ser, e não outras; e aquela em que aos conceitos são atribuídos significados em lugares geopolíticos e relacionais, nos quais passados, presentes e futuros estão entrelaçados. Eu escrevo do e para meu contexto geopolítico e relacional do Sul, um (...) contexto permeado por questões de quais conhecimentos e práticas, e para quem, usam quais linguagens e literacias. Logo, proponho uma imaginação dos mundos como um arquipélago de contextos geopolíticos. Este é um mundo complexo no qual aberturas e fechamentos, movimentações e permanências, continuidades e descontinuidades, enredamentos e separações e, incompletudes das linguagens e literacias e seus significados são a norma, e não um problema. Argumento, então, para uma mudança no pensamento; do aluno como um migrante linguístico, para fluxos e fraturas de significados no espaço e tempo. Pois nessas (i)mobilidades, desigualdades emergem e, também, uma potência para redesenhar linhas. Assim, ofereço esse pensamento situado para promover conversações a respeito dos conceitos-em-uso em outros contextos sem universalizá-los, para reforçar uma produção de conhecimento em educação matemática. (shrink)

In this paper, we discuss the ethical responsibility of the Information Technology (IT) industry towards its female workforce. Although the growing IT industry experiences skills shortages, there is a declining trend in the representation of women. The paper presents evidence that the IT industry is not gender-neutral and that it does little to promote or retain its female workforce. We urge that professional codes of ethics in IT should be revised to take into account the diverse needs of its staff.

This article is the author's response to critical essays by Luvell Anderson, Claire Horisk, and Lori Watson. The legal concept of discrimination, the sneaky communicative functioning of joke-telling, and the phenomenon of hepeating are each discussed.

Silencing is a speech-related harm. We here focus on one particular account of silencing offered by Jennifer Hornsby and Rae Langton. According to this account, silencing is systematically generated, illocutionary-communicative failure. We here raise an apparent challenge to that account. In particular, we offer an example—the drowning case—that meets these conditions of silencing but does not intuitively seem to be an instance of it. First, we explore several conditions one might add to the Hornsby-Langton account, but we argue that none (...) are satisfactory. Then, we further explore the systematicity condition, which is insufficiently characterized in the current literature. Although we explore several promising ways to further characterize this condition, we ultimately conclude that more work needs to be done. Consequently, because this systematicity condition is under-specified, the Hornsby-Langton account of silencing is incomplete. (shrink)

Catharine MacKinnon has pioneered a new brand of anti-pornography argument. In particular, MacKinnon claims that pornography silences women in a way that violates their right to free speech. In what follows, we focus on a certain account of silencing put forward by Jennifer Hornsby and Rae Langton, and we defend that account against two important objections. The first objection contends that this account makes a crucial but false assumption about the necessary role of hearer recognition in successful speech acts. In (...) response, we argue that, as silencing primarily concerns communication, Hornsby and Langton are perfectly correct to treat hearer recognition as they do. The second objection contends that their particular account of silencing has the unacceptable result of undermining the responsibility of rapists. We here argue that no such result follows from their account. (shrink)

Although primary source work is a major component of undergraduate history degrees in many countries, the topic of how best to support this work has been relatively unexplored. This article addresses the pedagogical support of primary source work by reviewing relevant literature to identify the challenges undergraduates face in interpreting sources, and examining how in two courses carefully articulated course design and supportive teaching activities assisted students to meet these challenges. This fine-grained examination of the courses is framed within a (...) socio-cultural account of learning. The findings show how a skilful drawing of students into the interpretive/discursive practices of source analysis was associated with an epistemological reframing of historical knowledge and dialogical forms of teaching that helped the students to take forward a dialectical engagement with sources. The benefits of an ‘integrated’ approach to source work that fosters students’ affective and intellectual engagement with historical interpretive practices are highlighted. (shrink)

Paediatric research in low-income countries is essential to tackle high childhood mortality. As with all research, consent is an essential part of ethical practice for paediatric studies. Ethics guidelines recommend that parents or another proxy provide legal consent for children to participate, but that children should be involved in the decision through providing assent. However, there remain uncertainties about how to judge when children are ready to give assent and about appropriate assent processes. Malawi does not yet have detailed guidelines (...) on assent. Understanding perspectives among children and their parents can assist in developing contextually-appropriate assent guidance. Qualitative research was conducted with children and parents in three settings in Southern Malawi, to take account of any variations between socioeconomic and cultural contexts. In each setting, interviews were conducted with parents and their children who had participated in paediatric research to understand their experiences of assent and views on appropriate assent practice. Focus groups were also conducted with children and parents, to understand broader social perspectives. We found widespread support for involving children in decisions on research participation. Participants identified a range of factors that affect children’s capacity to give assent, including intellectual capacity, emotional development, life experience and cultural norms. Age was often mentioned as a consideration, but deemed an unreliable sole indicator of capacity to assent. In relation to appropriate assent processes, participants emphasised considerations such as supporting effective understanding and minimizing harms. Views on how to achieve these aims varied; for example, there were different ideas about the appropriate order in which to approach children and parents, and about whose decision to respect in the event of disagreement. Parents and children agreed about the value of involving children in decisions on research, and about the need to promote children’s decision-making capacity while respecting parents’ interests in children’s welfare. Developing practical guidance that meets these principles is challenging, particularly given the need for flexible approaches that suit different study types, children’s capacities and family environments. Further discussion within the Malawi research and ethics community will help develop contextually-appropriate guidelines. (shrink)

Legal judgment writing mobilises a process of story-telling, drawing on existing judicial discourses, precedents and practices to create a narrative relevant to the specific case that is articulated by the presiding judge. In the Feminist Judgments projects feminist scholars and activists have sought to challenge and reinterpret legal judgments that have disadvantaged, discriminated against or denied women’s experiences. This paper reflects on the process of writing as a feminist judge in the Australian Project, in an intimate homicide case, R v (...) Middendorp. Drawing on the work of Judith Butler on intelligibility, iterability and the communality of violence and vulnerability, this article argues that feminist judgments necessarily require some uncomfortable compromises with unjust gendered institutions. While ‘donning the robes’ may be an uncomfortable process, a feminist re-articulation of the law’s carceral power serves to unsettle and challenge some aspects of gendered oppression, even though it cannot unsettle the operation of the institution. The article concludes that effective feminist interventions by members of the judiciary may require donning robes that are not entirely comfortable in order to persuade and advocate for change. (shrink)

Expanding buprenorphine access in the United States requires evidence-based decision-making that considers both the drug's potential dangers and its potential benefits. Risks associated with buprenorphine misuse and diversion highlight the need for careful, ongoing evaluation during each stage of increased access.

ABSTRACTBuilding trust between researchers and communities involved in research is one goal of community engagement. This paper examines the implications of community engagement for trust within communities, including trust among community volunteers who assist with research and between these volunteers and other community members. We describe the experiences of two groups of community volunteers recruited as part of an HIV and TB intervention trial in Malawi: cluster representatives, recruited both to act as key informants for TB suspects and mortality reporting (...) and to identify and report community concerns, and community counsellors, recruited to provide semi-supervised HIV self-testing. We examine tensions experienced due to playing multiple roles, and the implications of volunteer responsibilities for short- and long-term community relationships. Data was collected through a workshop, in-depth interviews and focus group discussions with volunteers and community members. While the volunteer system init... (shrink)

Supported decision-making has been promoted at a policy level and within international human rights treaties as a way of ensuring that people with disabilities enjoy the right to legal capacity on an equal basis with others. However, little is known about the practical issues associated with implementing supported decision-making, particularly in the context of dementia. This study aimed to understand the experiences of people with dementia and their family members with respect to decision-making and their views on supported decision-making. Thirty-six (...) interviews were undertaken with fifty-seven participants across three states in Australia. Interpretative Phenomenological Analysis was used as the methodological approach, with relational autonomy as a theoretical perspective. We identified two overarching themes relating to participants’ experiences with decision-making: “the person in relationship over time” and “maintaining involvement.” Participant views on the practical issues associated with supported decision-making are addressed under the themes of “facilitating decision-making,” “supported decision-making arrangements,” “constraints on decision-making,” and “safeguarding decision-making.” While participants endorsed the principles of supported decision-making as part of their overarching strategy of “maintaining involvement” in decision-making, they recognized that progressive cognitive impairment meant that there was an inevitable transition toward greater involvement of, and reliance upon, others in decision-making. Social and contextual “constraints on decision-making” also impacted on the ability of people with dementia to maintain involvement. These themes inform our proposal for a “spectrum approach” to decision-making involvement among people living with dementia, along with recommendations for policy and practice to assist in the implementation of supported decision-making within this population. (shrink)

Webber, Ruth; Jones, Kate This paper is about how three Catholic agencies carved out and adapted over time a role for themselves in assisting in the recovery after the Victorian bushfires of 2009. It tracks the process from the time the Archbishop of Melbourne commissioned Catholic Social Services Victoria to survey the bushfire affected areas and work out where there were gaps in services that the Catholic agencies could fill. A significant amount of funding was allocated to the provision (...) of services by Catholic agencies for a period of up to three years in the bushfire affected regions. This was seen as a Catholic response to an extraordinary natural disaster. This was organisationally difficult because there are in excess of sixty Catholic welfare services in Victoria and it was necessary to determine who would be best able to meet the gaps and deliver appropriate services.1 It was clear that the aim was not to replicate or compete with existing services, it was to meet real needs and to do this in a cooperative and collegial way with existing players. (shrink)

Chemical visualizations and models are special kinds of situated, inductive arguments. In this paper, I examine several historical case studies—an archive of images from museums, special collections, and popular magazines—as examples of emergent practices of physical modeling as theoretical play which became the basis for molecular biology and structural chemistry. Specifically, I trace a legacy of visualization tools that starts with Archibald Scott Cooper and Friedrich Kekulé in the late 1800s, crystallizes as material manipulatives in Kekulé’s student Jacobus Henricus Van’t (...) Hoff and his folded paper “toys,” is legitimized in the California lab of Linus Pauling, and is glorified in the popular imaginary with James Watson and Francis Crick’s model of DNA. My tracing then follows several threads into contemporary modeling practices. I ultimately argue that modeling play, originally outside of the boundary of deductive, positivist science, is now an accepted mode of inductive reasoning in these related chemical fields. (shrink)

This a review of Max Waltman's _Pornography: The Politics of Legal Challenges_.

This paper clarifies the legal right to free speech, identifies ways that speech can be harmful, and discusses pornography hate speech, and lies. It is also written for a non-technical audience.

Heralded as revolutionary in their potential to improve efficiency, transparency, and sustainability, blockchain technologies promise new forms of large-scale coordination between actors that do not necessarily trust each other. This paper examines blockchain imaginaries and associated metaphors. Our analysis focuses on bitcoin and ethereum, today’s most prominent blockchains that use the proof-of-work consensus mechanism. We identify three principles that organise blockchain imaginaries: substantial, morphological, and structural. These principles position blockchain as an enabler of economic, political and epistemological practices, respectively. Blockchain (...) infrastructure and protocols rely on substantial metaphors (e.g. gold, gas) to govern resource allocation, morphological metaphors (e.g. work, trust) to generate consensus and structural metaphors (e.g. chain, transaction) to establish shared knowledge. Those imaginaries rely on metaphorical displacements of meaning that make blockchain technology relevant and intelligible while simultaneously shaping the direction of technological development and positing these technologies as new forms of economic, political and epistemological organisation. They are not merely descriptive but performative. We conclude by showing how these principles partially overlap with three symbolically generalized media: money, power and truth. Money organises scarcity within the economic system, power organises consensus within the political system, and truth organises knowledge within the science system. (shrink)

This conversational opinion article between two parties – Kate, a disability performance scholar and Sarah, an interdisciplinary artist-scholar with lived experience of disability – considers the dancing body as redeemer in the specific case of a dancer experiencing ‘chemo fog’, or Chemotherapy-Related Cognitive Impairment (CRCI) after undergoing oncological treatments for Hodgkin Lymphoma. This work draws on Pini’s own lived experience of illness (Pini & Pini, 2019) in dialogue with Maguire-Rosier’s study of dancers with hidden impairments (Gibson & Maguire-Rosier, 2020). (...) In an exploratory account based on an interview with one another, the authors ask: when our senses and perceptions of ourselves and the world we become are obfuscated, what is the nature of the new relationship between the performing self and its absent body/mind/world? How can we shape our narrative and articulate who we are, what we are doing or where we are going, if we are moving in the ‘fog’? Our discussion reveals how Pini’s dancing body elucidates healing, while recovering an agentic perspective in her experience of alienation and frustration tied to chemo fog and related impairments. With this work we offer an original perspective on how a dancing body can resist theoretical diagnosis. (shrink)

Suppose a diner says, 'Can you pass the salt?' Although her utterance is literally a question (about the physical abilities of the addressee), most would take it as a request (that the addressee pass the salt). In such a case, the request is performed indirectly by way of directly asking a question. Accordingly this utterance is known as an indirect speech act. On the standard account of such speech acts, a single utterance constitutes two distinct speech acts. On this account (...) then, 'Can you pass the salt?' is both a question and a request. In a provocative essay, Rod Bertolet argues that there are no indirect speech acts. According to Bertolet, 'Can you pass the salt?' is only a question. It is a question that merely functions as a request (without also being one). In this paper we respond to Bertolet's skeptical argument. Appealing to Searle's theory of speech acts and to certain features of linguistic communication, we argue that, despite Bertolet's challenge, there is good reason to countenance indirect speech acts. (shrink)

Within academic circles, the “deficit” model of public understanding of science has been subject to increasing critical scrutiny by those who favor more constructivist approaches. These suggest that “the public” can articulate sophisticated ideas about the social and ethical implications of science regardless of their level of technical knowledge. The seminal studies following constructivist approaches have generally involved small-scale qualitative investigations, which have minimized the pre-framing of issues to a greater or lesser extent. This article describes the Gene Week Project, (...) sponsored by the Wellcome Trust, which attempted to extend this work to a large-scale consultation on genetics and health through the medium of a local daily newspaper. Readers were invited to respond to a set of open-ended questions that accompanied stimulus material published each day for five consecutive weekdays. The articles were written with the intention of extending the limited range of discourses around genetics and biotechnology that are usually presented by the popular media. Responses raised overarching issues about the place of emerging health technologies in society reminiscent of previous open-ended consultations in this field. The paper ends with a critical discussion about the potential of this method to contribute to the further development of open-ended public consultations. (shrink)

Despite recommendations from the Cartwright Report ethical review by health ethics committees has continued in New Zealand without health practitioners ever having to acknowledge their dual roles as health practitioners researching their own patients. On the other hand, universities explicitly identify doctor/research-patient relations as potentially raising conflict of role issues. This stems from the acknowledgement within the university sector itself that lecturer/research-student relations are fraught with such conflicts. Although similar unequal relationships are seen to exist between health researchers and their (...) patients, the patient/subjects are not afforded the levels of protection that are afforded student/subjects. In this paper we argue that the difference between universities and health research is a result of the failure of the Operational Standard Code for Ethics Committees to explicitly acknowledge the vulnerability of the patient and conflict of interests in the dual roles of health practitioner/researcher. We end the paper recommending the Ministry of Health consider the rewriting of the Operational Standard Code for Ethics Committees, in particular in the rewriting of section 26 of the Operational Standard Code for Ethics Committees. We also identify the value of comparative ethical review and suggest the New Zealand's Health Research Council's trilateral relationship with Australia's NHMRC (National Health and Medical Research Council) and Canada's CIHR (Canadian Institute of Health Research) as a useful starting point for such a process. (shrink)

This paper explores the transformation of Twitter from the traditional developer based command and control into something strangely democratic: a social construction of utility, a twisting of this once unique service to serve the needs and desires, ever evolving, of its users. We explore changes in the social constructions of Twitter and use recent research in the Philosophy of Data to suggest potential explanations.

In humans, there are two skeletal muscle α‐actinins, encoded by ACTN2 and ACTN3, and the ACTN3 genotype is associated with human athletic performance. Remarkably, approximately 1 billion people worldwide are deficient in α‐actinin‐3 due to the common ACTN3 R577X polymorphism. The α‐actinins are an ancient family of actin‐binding proteins with structural, signalling and metabolic functions. The skeletal muscle α‐actinins diverged ∼250–300 million years ago, and ACTN3 has since developed restricted expression in fast muscle fibres. Despite ACTN2 and ACTN3 retaining considerable (...) sequence similarity, it is likely that following duplication there was a divergence in function explaining why α‐actinin‐2 cannot completely compensate for the absence of α‐actinin‐3. This paper focuses on the role of skeletal muscle α‐actinins, and how possible changes in functions between these duplicates fit in the context of gene duplication paradigms. (shrink)

The Mental Capacity Act (2005) was designed to protect and empower patients with impaired capacity. Despite an estimated 40% of medical inpatients lacking capacity, it is unclear how many patients undergo capacity assessments and treatment under the Act. We audited the number of capacity assessments on the general medical wards of an English-teaching hospital. A total of 95 sets of case notes were reviewed: the mean age was 78.6 years, 57 were female. The most common presenting complaints were feeling ‘unwell’ (...) (n = 25) and confusion (n = 24). In all, 52 patients had conditions, such as delirium (n = 26) and dementia (n = 15), which often impair capacity. Capacity was assessed in seven (7.4%) patients, all of whom disagreed with the medical team about their treatment. The number of documented assessments fell short of the estimated rate of incapacity, suggesting that some means of improving capacity assessment in busy medical environments is required. (shrink)

This paper argue that metaphysical realism is insufficient to solve Goodman's grue paradox.