In May 2011, more than a decade after the International Association of Athletics Federations (IAAF) and the International Olympic Committee (IOC) abandoned sex testing, they devised new policies in response to the IAAF's treatment of Caster Semenya, the South African runner whose sex was challenged because of her spectacular win and powerful physique that fueled an international frenzy questioning her sex and legitimacy to compete as female. These policies claim that atypically high levels of endogenous testosterone in women (caused by (...) various medical conditions) create an unfair advantage and must be regulated. Against the backdrop of Semenya's case and the scientific and historical complexity of ?gender verification? in elite sports, we question the new policies on three grounds: (1) the underlying scientific assumptions; (2) the policymaking process; and (3) the potential to achieve fairness for female athletes. We find the policies in each of these domains significantly flawed and therefore argue they should be withdrawn. (shrink)

A generalized Wittgensteinian semantics for propositional languages is presented, based on a lattice of elementary situations. Of these, maximal ones are possible worlds, constituting a logical space; minimal ones are logical atoms, partitioned into its dimensions. A verifier of a proposition is an elementary situation such that if real it makes true. The reference (or objective) of a proposition is a situation, which is the set of all its minimal verifiers. (Maximal ones constitute its locus.) Situations are shown to form (...) a Boolean algebra, and the Boolean set algebra of loci is its representation. Wittgenstein's is a special case, admitting binary dimensions only. (shrink)

Worldwide there are currently over 1200 research studies being performed on the topic of COVID-19. Many of these involve children and adults over age 65 years. There are also numerous studies testing investigational vaccines on healthy volunteers. No research team is exempt from the pressures and speed at which COVID-19 research is occurring. And this can increase the risk of honest error as well as misconduct. To date, 33 papers have been identified as unsuitable for public use and either retracted, (...) withdrawn, or noted with concern. Asia is the source of most of these manuscripts (n=19; 57.6%) with China the largest Asian subgroup (n=11; 57.9%). This paper explores these findings and offers guidance for responsible research practice during pandemics. (shrink)

The goal of this paper is to examine the impact of leadership and promotion regulatory focus on employees’ willingness to engage in unethical pro-organizational behavior . Building from a person–situation interactionist perspective, we investigate the interaction of leadership style and how leaders frame messages, as well as test a three-way interaction with promotion focus. Using an experimental design, we found that inspirational and charismatic transformational leaders elicited higher levels of UPB than transactional leaders when the leaders used loss framing, but (...) not gain framing. Furthermore, followers’ promotion regulatory focus moderated this relationship such that the effect held for followers with low promotion focus, but not for individuals with high promotion focus. Our findings extend the understanding of UPB, offer theoretical mechanisms to explain when this behavior occurs, and contribute to leadership theory and research on ethical decision making. (shrink)

The paper applies the theory presented in A Formal Ontology of Situations (this journal, vol. 41 (1982), no. 4) to obtain a typology of metaphysical systems by interpreting them as different ontologies of situations. Four are treated in some detail: Hume's diachronic atomism, Laplacean determinism, Hume's synchronic atomism, and Wittgenstein's logical atomism. Moreover, the relation of that theory to the situation semantics of Perry and Barwise is discussed.

In this first-ever history of contemporary liberal theory, Forrester shows how liberal egalitarianism--a set of ideas about justice, equality, obligation, and the state--became dominant, and traces its emergence from the political and ideological context of the postwar United States and Britain.d Britain.

Professional sport in the United States has widely adopted biometric technologies, dramatically expanding the monitoring of players’ biodata. These technologies have the potential to prevent injuries, improve performance, and extend athletes’ careers; they also risk compromising players’ privacy and autonomy, the confidentiality of their data, and their careers. The use of these technologies in professional sport and the consumer sector remains largely unregulated and unexamined. We seek to provide guidance for their adoption by examining five areas of concern: validity and (...) interpretation of data; increased surveillance and threats to privacy; risks to confidentiality and concerns regarding data security; conflicts of interest; and coercion. Our analysis uses professional sport as a case study; however, these concerns extend to other domains where their use is expanding, including the consumer sector, collegiate and high school sport, the military, and commercial sectors where monitori... (shrink)

The criminal law depends upon 'commonsense' or 'folk' psychology, a seemingly innate theory used by all normal human beings as a means to understand and predict other humans' behavior. This paper discusses two major types of arguments that commonsense psychology is not a true theory of human behavior, and thus should be eliminated and replaced. The paper argues that eliminitivist projects fail to provide evidence that commonsense psychology is a false theory, and argues that there is no need to seek (...) a replacement theory of behavior for use in the criminal law. (shrink)

David Brink’s book Fair Opportunity & Responsibility is a meticulously argued and ultimately convincing book that carefully articulates the requirements for criminal guilt and punishment. As the title suggests, Brink argues that only one who has a fair opportunity to be law-abiding ought to be held responsible when they commit a crime. It is unfair to hold a person responsible if they lack abilities necessary to legal agency at the time of a wrongful act, or if these abilities are severely (...) compromised. In this essay I focus on Brink’s handling of structural injustice and the way it can impact our responsibility practices. Structural injustice is a serious and pervasive problem in the U.S., and it is closely related to crime rates. I argue that structural injustice can ground a partial excuse based on compromised normative competence. This is a possibility that Brink does not explore. Marginalization can compromise one’s ability to make and follow normative judgments in keeping with one’s larger society and the criminal law; and what makes some marginalized persons less culpable is that their ability to recognize and respond to moral and legal reasons is compromised compared to those that are not marginalized. (shrink)

Expecting Saving Mr. Banks to be a jolly jaunt about the creative development of the movie Mary Poppins (1964), I found myself waiting endlessly for the “jolliness” to begin—it never did. In fact, rather than joy, there was an ever-present sensation of tension as I watched the film. Having moved house myself in recent days (during a Queensland heat wave), the scenes of the Goff family leaving their home and trekking across hot, dusty Queensland were very emotional. However, seeing the (...) family patriarch Travers Goff (played by Colin Farrell) swig from an alcohol flask in a desperate manner told me that his was no “routine” family move. And, certainly, arriving at their destination—a dilapidated ranch home—shed even more light on the Goff family’s predicament: alcoholism and the cycle of employment and unemployment. Further, it is the downstream consequences of the family predicament that fuel the identity and behaviour of Mary Poppins—a fictional character created by Travers’ daughter, a. (shrink)

More than ever before it is clear that suicidology requires a serious re-thinking of its approach to understanding and responding to suicide. This is not simply because disciplines such as medicine...

Despite its place in the humanities, the career prospects and numbers of women in philosophy much more closely resemble those found in the sciences and engineering. This book collects a series of critical essays by female philosophers pursuing the question of why philosophy continues to be inhospitable to women and what can be done to change it. By examining the social and institutional conditions of contemporary academic philosophy in the Anglophone world as well as its methods, culture, and characteristic commitments, (...) the volume provides a case study in interpretation of one academic discipline in which women's progress seems to have stalled since initial gains made in the 1980s. Some contributors make use of concepts developed in other contexts to explain women's under-representation, including the effects of unconscious biases, stereotype threat, and micro-inequities. Other chapters draw on the resources of feminist philosophy to challenge everyday understandings of time, communication, authority and merit, as these shape effective but often unrecognized forms of discrimination and exclusion. Often it is assumed that women need to change to fit existing institutions. This book instead offers concrete reflections on the way in which philosophy needs to change, in order to accommodate and benefit from the important contribution women's full participation makes to the discipline. (shrink)

OBJECTIVES: This article presents an original definition of surgical innovation and a practical tool for identifying planned innovations. These will support the responsible introduction of surgical innovations. BACKGROUND: Frameworks developed for the safer introduction of surgical innovations rely upon identifying cases of innovation; oversight cannot occur unless innovations are identified. However, there is no consensus among surgeons about which interventions they consider innovative; existing definitions are vague and impractical. METHODS: Using conceptual analysis, this article synthesizes findings from relevant literature, and (...) from qualitative research with surgeons, to develop an original definition of surgical innovation and a tool for prospectively identifying planned surgical innovations. The tool has been developed in light of feedback from health care professionals, surgeons, and policy makers. RESULTS: This definition of innovation distinguishes between variations, introduction of established interventions, and innovations in surgical techniques or use of devices. It can be applied easily and consistently, is sensitive to the key features of innovation, is prospective, and focuses on features relevant to safety and evaluation. The accompanying tool is deliberately broad so that appropriate supports may, if necessary, be provided each time that a surgeon does something "new". CONCLUSIONS: The definition presented in this article overcomes a number of practical challenges. The definition and tool will be of value in supporting responsible surgical innovation, in particular, through the prospective identification of planned innovations. (shrink)

Women are under-represented in surgery, especially in leadership and academic roles, and face a gender pay gap. There has been little work on the role of implicit biases in women’s under-representation in surgery. Nor has the impact of epistemic injustice, whereby stereotyping influences knowledge or credibility judgements, been explored. This article reports findings of a qualitative in-depth interview study with women surgeons that investigates gender biases in surgery, including subtle types of bias. The study was conducted with 46 women surgeons (...) and trainees of the Royal Australasian College of Surgeons. Maximum variance sampling strategies ensured a comprehensive set of perspectives. Data were analysed using iterative thematic analysis to document and classify forms of gender bias experienced by the participants, including implicit bias and epistemic injustice. It found four types of bias affecting women surgeons: (1) workplace factors such as access to parental leave and role models; (2) epistemic injustices—unfair assessments of women surgeons’ credibility by patients and colleagues; (3) stereotyped expectations that they will carry out more of surgery’s carework, such as meeting the emotional needs of patients and (4) objectification. Implicit biases arose in each category. Given that many of the biases identified in this study are small, are harmless on their own and are not necessarily under anyone’s conscious control, important questions arise regarding how they cause harm and how to address them. I draw on theoretical work on cumulative harm to answer these questions. (shrink)

Surgical innovation promises improvements in healthcare, but it also raises ethical issues including risks of harm to patients, conflicts of interest and increased injustice in access to health care. In this article, we focus on risks of injustice, and use a case study of robotic prostatectomy to identify features of surgical innovation that risk introducing or exacerbating injustices. Interpreting justice as encompassing matters of both efficiency and equity, we first examine questions relating to government decisions about whether to publicly fund (...) access to innovative treatments. Here the case of robotic prostatectomy exemplifies the difficulty of accommodating healthcare priorities such as improving the health of marginalized groups. It also illustrates challenges with estimating the likely long-term costs and benefits of a new intervention, the difficulty of comparing outcomes of an innovative treatment to those of established treatments, and the further complexity associated with patient and surgeon preferences. Once the decision has been made to fund a new procedure, separate issues of justice arise at the level of providing care to individual patients. Here, the case of robotic prostatectomy exemplifies how features of surgical innovation, such as surgeon learning curves and the need for an adequate volume of cases at a treatment centre, can exacerbate injustices associated with treatment cost and the logistics of travelling for treatment. Drawing on our analysis, we conclude by making a number of recommendations for the just introduction of surgical innovations. (shrink)

Background: The current study was designed to examine whether ethnic-racial identity moderated the relationship between disordered eating and primary ethnic identification.Methods: Three hundred and ninety-eight undergraduate women were recruited from a large university in Hawai‘i. Participants completed the Eating Disorder Examination Questionnaire, the ERI measure, and reported their primary ethnicity as an index of ethnicity.Results: There was a significant correlation between eating concerns and centrality, r = 0.127, p < 0.05. Moderation analyses indicated that only ERI centrality moderated the predictive (...) effect of ethnicity on the importance of eating concerns, b = 0.05, t = 2.37, p = 0.018.Conclusions: The results suggest that the relationship between self-reported primary ethnicity and EDEQ scores is greater when ethnicity is more central to the individual's identity or when the in-group affect is important to an individual. Findings underscore the need for further research on the underlying mechanisms that account for the differing ways that ERI may affect eating concerns. (shrink)

In this chapter we will argue that the capacities necessary to moral and legal agency can be understood as executive functions in the brain. Executive functions underwrite both the cognitive and volitional capacities that give agents a fair opportunity to avoid wrongdoing: to recognize their acts as immoral and/or illegal, and to act or refrain from acting based upon this recognition. When a person’s mental illness is serious enough to cause severe disruption of executive functions, she is very likely to (...) lack substantial capacities necessary to be law-abiding. Our analysis supports the Model Penal Code test for legal insanity over the traditional M’Naghten test, because the Model Penal Code test allows either severely diminished cognitive or volitional capacities to warrant an excuse to criminal culpability. We will provide a nuanced account of the ways in which mental illness can erode executive function, as well as an explanation as to why severe diminishment of executive functions caused by mental illness, but not some other causes, is exculpatory. (shrink)

According to David Lewis’s Principal Principle, our beliefs about the objective chances of outcomes determine our rational credences in those outcomes. Lewis influentially argues that any adequate metaphysics of objective chance must explain why the Principal Principle holds. Since no theory of chance is widely agreed to have met this burden, I suggest we change tack. On the view I develop, a central aspect of the Principal Principle holds not because of what objective chances are but rather because of the (...) explanatory role that objective chances play for the rational agents who believe in them. (shrink)

Selective exclusionary rules, including protective orders and parole conditions, target an offender’s decision-making processes by attempting to keep them away from places or persons. State management of crime by selective exclusion seems to distrust a person’s ability to choose well in certain circumstances, and thus attempts to limit or manipulate the opportunities for choice. Some exclusionary rules, including certain protective orders that prohibit proximity to a likely victim, support diachronic agency and may be justified as punishment. However, selective exclusionary rules (...) that are too harsh and thus disproportionate, and those that are not well designed to have the right sort of deterrent effect, cannot be justified as punishment. Further, some exclusionary rules may constitute state coercion or wrongful manipulation. (shrink)

While the relationship between Nietzsche and naturalism has been surveyed, why Nietzsche sets himself apart from nineteenth-century naturalists has not been adequately explained. I argue that it is a new method, necessary for the task of deciphering the text of homo natura, which distinguishes Nietzsche. A capacity to endure a greater degree of solitude is required in order to cultivate a new skepticism, allow sufficient attention to our drives, and enable the incorporation of truths that undermine herd morality. Thus, the (...) translation of man back into nature involves both understanding man in natural terms and a re-naturalization of man. (shrink)

One day soon it may be possible to replace a failing heart, liver, or kidney with a long-lasting mechanical replacement or perhaps even with a 3-D printed version based on the patient's own tissue. Such artificial organs could make transplant waiting lists and immunosuppression a thing of the past. Supposing that this happens, what will the ongoing care of people with these implants involve? In particular, how will the need to maintain the functioning of artificial organs over an extended period (...) affect patients and their doctors and the responsibilities of those who manufacture such devices? Drawing on lessons from the history of the cardiac pacemaker, this article offers an initial survey of the ethical issues posed by the need to maintain and service artificial organs. We briefly outline the nature and history of cardiac pacemakers, with a particular focus on the need for technical support, maintenance, and replacement of these devices. Drawing on the existing medical literature and on our conversations and correspondence with cardiologists, regulators, and manufacturers, we describe five sources of ethical issues associated with pacemaker maintenance: the location of the devices inside the human body, such that maintenance generates surgical risks; the complexity of the devices, which increases the risk of harms to patients as well as introducing potential injustices in access to treatment; the role of software—particularly software that can be remotely accessed—in the functioning of the devices, which generates privacy and security issues; the impact of continual development and improvement of the device; and the influence of commercial interests in the context of a medical device market in which there are several competing products. Finally, we offer some initial suggestions as to how these questions should be answered. (shrink)

Medical devices with built-in bias can both result from, and contribute to, harmful systemic racial oppression—a point that Liao and Carbonell (2023) argue convincingly in the target article of thi...

The psychological literature now differentiates between two types of psychopath:successful (with little or no criminal record) and unsuccessful (with a criminal record). Recent research indicates that earlier findings of reduced autonomic activity, reduced prefrontal grey matter, and compromised executive activity may only be true of unsuccessful psychopaths. In contrast, successful psychopaths actually show autonomic and executive function that exceeds that of normals, while having no difference in prefrontal volume from normals. We argue that many successful psychopaths are legally responsible for (...) their actions, as they have the executive capacity to choose not to harm (and thus are legally rational). However, many unsuccessful psychopaths have a lack of executive function that should at least partially excuse them from criminal culpability. Although a successful psychopath's increased executive function may occur in conflict with, rather than in consonance with their increased autonomic activity - producing a cognitive style characterized by self deception and articulate-sounding, but unsound reasoning - they may be capable of recognizing and correcting their lack of autonomic data, and thus can be held responsible. (shrink)

Luce Irigaray’s recent book To Be Born: Genesis of New a Human Being can be seen as a response to Friedrich Nietzsche’s well-known call for us to overcome humanity in its current form. Irigaray shares with Nietzsche the belief that to overcome the dissonance that runs through our culture and our being we cannot attend only to cultural and social problems but must bring about the emergence of a new kind of human being. Unlike Nietzsche, however, she develops an understanding (...) of who we are and what we could be that begins with birth and thus roots the potential for this transformation in the concreteness of our infancy and the context of our upbringing. Nietzsche employs the idea of pregnancy in his discussions of the genesis of a new being, but his exclusion of conception and birth indicate limitations in his approach. I will argue that Nietzsche’s insights into how dependency can limit critical insights and transformation demonstrate the importance of solitude, but he neglects the positive role of care we can find in a proper understanding of a child’s dependency on its parents. Irigaray suggests a route towards addressing these limitations. (shrink)

This paper proposes a preliminary infrastructure for future philosophical discourse on the virtual, interactive, visual, top layer of the Internet. The paper begins by introducing thoughts on such words as real, virtual, reality, knowledge, and truth. Next, news summaries are provided illustrating some effects from the “real world” on the virtual part of the Internet, and vice versa. Subsequently, nine major categories of Internet variables are identified. Finally, over one hundred questions about the philosophical nature of the virtual part of (...) the Internet are listed and are organized into fourteen categories. (shrink)

Patient or public involvement in health research is increasingly expected as a matter of policy. In theory, PPI can contribute both to the epistemic aims intrinsic to research, and to extrinsically valued features of research such as social inclusion and transparency. In practice, the aims of PPI have not always been clear, although there has been a tendency to encourage the involvement of so-called ordinary people who are regarded as representative of an assumed patient perspective. In this paper we focus (...) on the epistemic potential of PPI, using theoretical work in epistemology to develop a nuanced account of patients’ experiential knowledge and how this might contribute directly to conceptual development, hypothesis generation and data interpretation. We also consider how some features of health research pose barriers to this kind of epistemic contribution. Drawing on Miranda Fricker’s idea of testimonial injustice, we explore how disciplinary indicators of credibility in clinical and academic health research contexts might be wrongly applied to those involved in PPI, undermining their potential to contribute. Finally we argue for a range of strategies to maximize opportunities for patients to engage with research teams and make epistemologically significant contributions to research. (shrink)

There are legitimate worries about gaps between scientific evidence of brain states and function (for example, as evidenced by fMRI data) and legal criteria for determining criminal culpability. In this paper I argue that behavioral evidence of capacity, motive and intent appears easier for judges and juries to use for purposes of determining criminal liability because such evidence triggers the application of commonsense psychological (CSP) concepts that guide and structure criminal responsibility. In contrast, scientific evidence of neurological processes and function (...) – such as evidence that the defendant has a large brain tumor – will not generally lead a judge or jury to directly infer anything that is relevant to the legal determination of criminal culpability . (Vincent 2008) In these cases, an expert witness will be required to indicate to the fact-finder what this evidence means with regard to mental capacity; and then another inference will have to be made from this possible lack of capacity to the legal criteria for guilt, cast in CSP terms.<br><br>To reliably link evidence of brain function and structure and assessment of criminal responsibility, we need to re-conceptualize the mental capacities necessary for responsibility, particularly those that are recognized as missing or compromised by the doctrines of “legal capacity” (Hart 1968) and “diminished capacity.” I argue that formulating these capacities as executive functions within the brain can provide this link. I further claim that it would be extremely useful to consider evidence of executive function as related to the diminished capacity doctrine at sentencing. This is because it is primarily at this stage in criminal proceedings where the use of the diminished capacity doctrine is most prevalent, as evidenced by the recent Supreme Court cases of Atkins v. Virginia (536 U.S. 304 (2002)) and Roper v. Simmons (543 U.S. 551 (2005)).<br>. (shrink)

This paper raises questions about the epistemological foundations of evidence-based medicine . We argue that EBM is based upon reliabilist epistemological assumptions, and that this is appropriate - we should focus on identifying the most reliable processes for generating and collecting medical knowledge. However, we note that this should not be reduced to narrow questions about which research methodologies are the best for gathering evidence. Reliable processes for generating medical evidence might lie outside of formal research methods. We also question (...) the notion of the knower that is assumed by EBM. We argue that EBM assumes an enlightenment conception of knowers as autonomous, substitutable individuals. This conception is troubled by the way that clinicians learn the role of anecdote in health care and the role of patient choice, all of which bring into play features of clinicians and patients as situated individuals with particular backgrounds and experiences. EBM's enlightenment conception of the knower is also troubled by aspects of the way evidence is produced. Given these limitations, we argue that EBM should retain its reliabilist bent, but should look beyond formal research methodologies in identifying processes that yield reliable evidence for clinical practice. We suggest looking to feminist epistemology, with its focus on the standpoints of individual situated knowers, and the role of social context in determining what counts as knowledge. (shrink)

Machine generated contents note: Introduction Chapter 1: The basics of ethical decision-making Chapter 2: Hospital ethics committees and clinical ethicists Chapter 3: The settings of health care ethical dilemmas Chapter 4: Advance directives Chapter 5: Do Not Resuscitate orders and "Code Blue" Chapter 6: Non-beneficial medical interventions Chapter 7: Quality of life and treatment burdens Chapter 8: Patient privacy and confidentiality Chapter 9: Refusing medical treatment Chapter 10: Health care at the end of life Chapter 11: Transplant ethics Chapter 12: (...) Neuroethics Chapter 13: Ethics and reproductive technology Chapter 14: Genetics and ethics Chapter 15: Pediatric ethics Chapter 16: Participating in a research study Appendix A: Resource List Appendix B: Glossary Index. (shrink)

There is considerable concern that climate change will displace many people in developing countries from their homes. This article examines whether developed countries are morally obligated to assist people displaced by climate change in developing countries. The article argues that there may not be a moral duty to assist climate change migrants as a category. Nonetheless, developed countries may have duties to assist vulnerable people elsewhere and may be obligated to assist climate change migrants along with other vulnerable people. In (...) addition, there likely is a duty to assist a particular subset of climate change migrants, specifically the citizens of small island countries existentially threatened by climate change. The article concludes by assessing the implications of its moral analysis for the focus of law and policy. Instead of developing new treaties to assist climate change migrants as a number of academics and practitioners have recently proposed, law and policy should be concerned with assisting migrants at risk generally, and/or the citizens of small island countries existentially threatened by climate change. (shrink)

In light of recent interest among political theorists in the idea of political realism, Judith Shklar’s liberalism of fear has come to be associated with anti-Rawlsian thought. This paper seeks to show that, on the contrary, Shklar’s specific formulation of political realism, unlike more recent variations, was not motivated by a critique of Rawls. This paper will address three concerns: first, it will show what exactly Shklar’s initial realism was responding to; second, it will consider the implications of this realism (...) for thinking about liberal democracies; third, it will attempt, briefly, in light of this, to make sense of her relationship with Rawls and, in turn, through a comparison with Bernard Williams’s thought, her relationship to anti-Rawlsian political realism. (shrink)

Dystonia is a movement disorder that can have a debilitating impact on motor functions and quality of life. There are 250,000 cases in the United States, most with childhood onset. Due to the limited effectiveness and side effects of available treatments, pediatric deep brain stimulation has emerged as an intervention for refractory dystonia. However, there is limited clinical and neuroethics research in this area of clinical practice. This paper examines whether it is ethically justified to offer pDBS to children with (...) refractory dystonia. Given the favorable risk-benefit profile, it is concluded that offering pDBS is ethically justified for certain etiologies of dystonia, but it is less clear for others. In addition, various ethical and policy concerns are discussed, which need to be addressed to optimize the practice of offering pDBS for dystonia. Strategies are proposed to help address these concerns as pDBS continues to expand. (shrink)

The Peterloo Massacre was more than just a Manchester event. The attendees, on whom Manchester industry depended, came from a large spread of the wider textile regions. The large demonstrations that followed in the autumn of 1819, protesting against the actions of the authorities, were pan-regional and national. The reaction to Peterloo established the massacre as firmly part of the radical canon of martyrdom in the story of popular protest for democracy. This article argues for the significance of Peterloo in (...) fostering a sense of regional and northern identities in England. Demonstrators expressed an alternative patriotism to the anti-radical loyalism as defined by the authorities and other opponents of mass collective action. (shrink)

Does neo-Rawlsian political philosophy offer an adequate account of the social conditions of capitalism? In this paper, I present two arguments for thinking that it does not. First, I develop a historicist critique of liberal egalitarianism, arguing that it provides a vision of social reality that is intimately connected to the historical and ideological constellation that I call postwar liberalism, and as such cannot account for social reality since the neoliberal revolutions of the late twentieth century. Second, I explore arguments (...) in Marxist and critical social theory that cast liberal egalitarianism as partial, on account of its inadequate portrait of capitalist society. In surveying responses to these critiques, I argue that merely extending liberal egalitarianism into new domains to account for how contemporary circumstances have changed since the mid-twentieth century cannot address the problem of its partial view of the social world. Taking seriously the insights of critical social theory and the study of capitalism should lead to a challenge to liberal egalitarianism, not an extension of it. (shrink)

Not all probability ascriptions that appear in scientific theories describe chances. There is a question about whether probability ascriptions in non-fundamental sciences, such as those found in evolutionary biology and statistical mechanics, describe chances in deterministic worlds and about whether there could be any chances in deterministic worlds. Recent debate over whether chance is compatible with determinism has unearthed two strategies for arguing about whether a probability ascription describes chance—that is, to speak metaphorically, two different strategies for figuring out where (...) the chances are: find the chances by focusing on chance’s explanatory role or find the chances by focusing on chance’s predictive role. These two strategies tend to yield conflicting results about where the chances are, and debate over which strategy is appropriate tends to end in stalemate. After discussing these two strategies, I consider a new view of chance’s explanatory role. I argue that one theoretical advantage of this new view is that allows us to make progress on the question of where the chances are by providing a principled way of determining which probability ascriptions describe chances. From the vantage of this new view, the correct application of both strategies involves figuring out where the chances are by figuring out where the probabilistic scientific explanations are and what those explanations are like. (shrink)

Stephen Morse seems to have adopted a controversial position regarding the mindbody relationship: John Searle’s non-reductivism, which claims that conscious mental states are causal yet not reducible to their underlying brain states. Searle’s position has been roundly criticized, with some arguing the theory taken as a whole is incoherent. In this paper I review these criticisms and add my own, concluding that Searle’s position is indeed contradictory, both internally and with regard to Morse's other views. Thus I argue that Morse (...) ought to abandon Searle’s non-reductive theory. Instead, I claim Morse ought to adopt a non-eliminative reductive account that can more easily support his realism about folk psychological states, and the existence of causally effective mental states in a purely physical world. (shrink)

Nietzsche employs the concept of pregnancy metaphorically at various points in his writings; discussing the pregnancy of philosophers (GM III 8, BGE 292), spiritual pregnancy (EH, Clever 3; GS 72) and being pregnant with thoughts or deeds (D 552). I explore how Nietzsche uses the notion of pregnancy in Dawn, arguing that it connects to the theme of self-cultivation. I employ the various associations that Nietzsche makes with pregnancy, including the unknown, selfishness, strangeness, and solitude, to elucidate Nietzsche’s understanding of (...) self-cultivation. I show how the metaphor of pregnancy, in which we do not control what we give birth to, both expresses and helps us explore the problem of what, if the self is made up of and directed by many competing drives, shapes and directs self-cultivation. I argue that Nietzsche’s deliberate references to the context of Plato’s discussion of pregnancy involve a self-conscious challenge to Plato’s concept of the philosopher, and of philosophy, and a reimagining of what they will give birth to. The appropriation of Plato’s famous metaphor thus underscores how Nietzsche’s concept and method of self-cultivation contrasts to Plato’s care for the soul and is rooted in attentiveness to the body and its drives. (shrink)

Scepticism is central to Nietzsche’s philosophical project, both as a tool of criticism and, through its role in self-transformation, as a tool for responding to criticism. While its importance in his thought and its complexity have been acknowledged, exactly what kind of scepticism Nietzsche calls for still stands in need of analysis. Jessica Berry’s [Nietzsche and the Ancient Skeptical Tradition. New York: Oxford University Press, 2011] comparison between Nietzsche and Pyrrhonian scepticism recognized the importance of the practical dimension of Nietzschean (...) scepticism but distorted Nietzsche’s philosophy in attempting to paint it as Pyrrhonian in character. Earlier discussions recognize Nietzsche’s opposition to Pyrrhonian suspension of judgement and tranquillity. They have not, however, explored in sufficient detail Nietzsche’s sceptical practice and how it affects the individual. In this article, I combine Berry’s emphasis on scepticism as a practice with attention to the important differences between Nietzsche and Pyrrhonism. I outline Nietzsche’s scepticism as a transformative practice, arguing that its differences from Pyrrhonian scepticism are as illuminating as any similarities. The scepticism that Nietzsche advocates involves not just destruction of our beliefs but destruction of who we are, and at the same time as cultivating the capacity to do without certainty, requires an experimental engagement with our drives – allowing the creation of new values. (shrink)

Sometimes persons are legally responsible for reckless behavior that causes criminal harm. This is the case under the newly drafted provisions of the U.S. Model Penal Code (MPC), which holds persons responsible for “simple” rape (nonconsensual sex without proof of force or threats of force), where the offender recklessly disregards the risk that the victim does not consent. In this paper we offer an explanation and corrective critique of the handling of reckless rape cases, with a focus on the U.S. (...) criminal justice system, although our analysis is applicable more broadly. We argue that a wider group of reckless rapists are criminally responsible than is captured by the MPC and claim criminal punishment of reckless rapists must be justified by looking to both moral desert and instrumental aims achieved by criminal punishment. Part of the law’s job is to communicate and enforce society’s expectations regarding unacceptable behavior. In punishing reckless rape, we are not just giving people what they deserve, but also reinforcing and shaping norms regarding sexual behavior. (shrink)

An increasing recognition over the past five decades of the importance of patients’ autonomy and the right to be able to choose to limit medical treatment at the end of life has led to the development of a number of documents related to advance care planning, including the advance directive, medical power of attorney, and portable orders for life-sustaining treatment (POLST). While these documents are important aspects of advance care planning, without having goals-ofcare conversations, a specific plan, and necessary supports (...) to achieve these goals, the documents alone offer a false promise. Healthcare professionals must be trained on how to have indepth goals-of-care conversations with patients and their families, and effectively document the decisions. Advance care planning needs to be viewed as a process that must continue as the patient’s health status, social support system, and living environment change. Designating a healthcare representative who participates in goals-of-care conversations and can work with the healthcare team to make “just in time” decisions about care reduces the burden and stress on friends and family. In this article we discuss the strengths and limitations of advance directives, medical power of attorney forms, and POLST forms; propose concrete changes to optimize the effectiveness of each; and present a comprehensive approach to advance care planning that we hope will improve care for those nearing the end of life, and ensure that their wishes and goals to have or to limit treatment are more consistently honored. (shrink)

A synchronic probability is the probability at a time that an outcome occurs at that very time. Common sense invokes synchronic probabilities with values between 0 and 1, as do scientific theories such as classical statistical mechanics. Recently, philosophers have argued about whether any synchronic probabilities are best interpreted as objective chances. I add to this debate an underappreciated reason we might have to believe in synchronic chance; it might turn out that the best interpretation of our common sense and (...) scientific theories is one in which the macrophysical properties of physical systems are partly determined by synchronic chance distributions over microphysical properties of those systems. Additionally, I argue against the common charge that synchronic probability fails to satisfy various platitudes about chance—most notably Lewis’s Principal Principle. (shrink)

Researchers are studying how artificial intelligence (AI) can be used to better detect, prognosticate and subgroup diseases. The idea that AI might advance medicine’s understanding of biological categories of psychiatric disorders, as well as provide better treatments, is appealing given the historical challenges with prediction, diagnosis and treatment in psychiatry. Given the power of AI to analyse vast amounts of information, some clinicians may feel obligated to align their clinical judgements with the outputs of the AI system. However, a potential (...) epistemic privileging of AI in clinical judgements may lead to unintended consequences that could negatively affect patient treatment, well-being and rights. The implications are also relevant to precision medicine, digital twin technologies and predictive analytics generally. We propose that a commitment to epistemic humility can help promote judicious clinical decision-making at the interface of big data and AI in psychiatry. (shrink)