Reclaiming Fuller -- Before the debate -- The 1958 debate -- The morality of law -- The reply to critics -- Resituating Fuller I : Raz -- Resituating Fuller II : Dworkin -- Three conversations.

Several feminist philosophers of science have tried to open up the possibility that feminist ethical or political commitments could play a positive role in good science by appealing to the Duhem-Quine thesis and underdetermination of theories by observation. I examine several different interpretations of the claim that feminist values could play a legitimate role in theory justification and show that none of them follow from a logical gap between theory and observation. Finally, I sketch an alternative approach for defending the (...) possibility that feminist political commitments could play a legitimate role in science. (shrink)

Over a century ago, William James outlined the first psychological constructionist model of emotion, arguing that emotions are phenomena constructed of more basic psychological parts. In this article, I outline a modern psychological constructionist model of emotion. I first explore the history of psychological construction to demonstrate that psychological constructionist models have historically emerged in an attempt to explain variability in emotion that cannot be accounted for by other approaches. I next discuss the modern psychological constructionist model of emotion that (...) I take in my own research, outlining its hypotheses, existing empirical support, and areas of future research. I conclude by arguing that psychological constructionist models can help scientists better understand the human mind. (shrink)

Author’s reply to four commentaries on ‘Legal Subjects and Juridical Persons: Developing Public Legal Theory through Fuller and Arendt.’.

Numerous studies have documented the demand for information regarding corporations’ relationships to society. Much recent research has demonstrated why stakeholders need this information, and how it benefits both companies and the public. These studies suggest numerous methods by which companies can effectively disclose corporate social responsibility (CSR) information to the public, but in practice, reporting this type of information is fraught with legal and ethical uncertainty often unexplored in most literature. This article represents a fresh analysis of the numerous pragmatic (...) consequences and legal and ethical complications inherent in CSR reporting, using Nike Corporation as a case example. The article discusses the theoretical viewpoints surrounding the ethics of CSR disclosure, and presents the case of Nike and the complications it encountered while advertising CSR information. The article ends with an analysis of CSR auditing as a possible solution to companies seeking to improve the method and transparency of social responsibility reporting. (shrink)

Researchers have wondered how the brain creates emotions since the early days of psychological science. With a surge of studies in affective neuroscience in recent decades, scientists are poised to answer this question. In this target article, we present a meta-analytic summary of the neuroimaging literature on human emotion. We compare the locationist approach (i.e., the hypothesis that discrete emotion categories consistently and specifically correspond to distinct brain regions) with the psychological constructionist approach (i.e., the hypothesis that discrete emotion categories (...) are constructed of more general brain networks not specific to those categories) to better understand the brain basis of emotion. We review both locationist and psychological constructionist hypotheses of brain–emotion correspondence and report meta-analytic findings bearing on these hypotheses. Overall, we found little evidence that discrete emotion categories can be consistently and specifically localized to distinct brain regions. Instead, we found evidence that is consistent with a psychological constructionist approach to the mind: A set of interacting brain regions commonly involved in basic psychological operations of both an emotional and non-emotional nature are active during emotion experience and perception across a range of discrete emotion categories. (shrink)

In this review, we highlight evidence suggesting that concepts represented in language are used to create a perception of emotion from the constant ebb and flow of other people’s facial muscle movements. In this “construction hypothesis,” (cf. Gendron, Lindquist, Barsalou, & Barrett, 2012) (see also Barrett, 2006b; Barrett, Lindquist, & Gendron, 2007; Barrett, Mesquita, & Gendron, 2011), language plays a constitutive role in emotion perception because words ground the otherwise highly variable instances of an emotion category. We demonstrate that language (...) plays a constitutive role in emotion perception by discussing findings from behavior, neuropsychology, development, and neuroimaging. We close by discussing implications of a constructionist view for the science of emotion. (shrink)

Several feminist theorists have claimed that feminist values ought to influence theory choice. Susan Haack has argued that this is implausible because normative claims about what ought to be the case can never provide justification for descriptive claims. I argue against one of the premises of Haack's argument. Furthermore, I attempt to show that the most promising defense of this premise would cast doubt on a second premise of Haack's argument. My aim is to open up the possibility that value (...) judgments can play a legitimate role in theory choice. (shrink)

Kristen Hessler argues that philosophy can best contribute to understanding human rights by exploring the full range of their use in practice. Her approach emphasizes how human rights activism and adjudication can both reveal and dismantle unjust social hierarchies. The result is an innovative vision of interdisciplinary human rights scholarship.

This article examines the reproduction of gendered workplace inequalities through in-depth interviews with female-to-male transsexuals. Many FTMs enter the workforce as women and then transition to become men, an experience that can provide them with an “outsider-within” perspective on the “patriarchal dividend”—the advantages men in general gain from the subordination of women. Many of the respondents in this article find themselves, as men, receiving more authority, reward, and respect in the workplace than they received as women, even when they remain (...) in the same jobs. The author argues that their experiences can make the underpinnings of gendered workplace disparities visible and help illuminate how structural disadvantages for women are reproduced in workplace interactions. As tall, white FTMs see more advantages than short FTMs and FTMs of color, these experiences also illustrate how men's gender advantages at work vary with characteristics such as race/ethnicity and body structure. (shrink)

This paper presents an extensional account of manyand few that explains data that have previously motivated intensional analyses of these quantifiers :599–620, 2000). The key insight is that their semantic arguments are themselves set intersections: the restrictor is the intersection of the predicates denoted by the N’ or the V’ and the restricted universe, U, and the scope is the intersection of the N’ and V’. Following Cohen, I assume that the universe consists of the union of alternatives to the (...) nominal and verbal predicates, where an alternative to a property ψ is one that shares a pragmatic presupposition with ψ, and a pragmatic presupposition is one that is selected by context from a set of potential presuppositions associated with the sentence. A many/few-quantified sentence is then true iff the proportion of the scope to the restrictor is greater/less than some threshold, n. In addition to explaining various problematic cases from the literature, the analysis shows how the readings of a many/few-quantified sentence can be derived from the same syntactico-semantic structure, it being unnecessary to claim lexical or structural ambiguity. The analysis also provides strong support for the idea that natural language quantification is always purely extensional. (shrink)

Moses Amyraut’s 1640 work On the Elevation of Faith and the Humbling of Reason is often misread as advocating the position suggested by its title. In fact, Amyraut constructs a tripartite classification of religious beliefs according to their relation to reason, such that he can affirm truths that are incomprehensible to reason, while maintaining that reason is the ultimate ground of their truth. He divides religious truths into those delivered by reason, those consistent with reason, and those incomprehensible to reason, (...) as against religious beliefs contrary to reason, which cannot be true; the rationality of each class of truths depends on the rationality of those in the previous class. This classification helps to make sense of the seventeenth-century debate between those (such as Leibniz) who argue that incomprehensible religious beliefs are simply above reason, and those (such as Bayle) who argue that incomprehensible religious beliefs are actually contrary to reason. (shrink)

Children can trust that God hears his people when they come to him in prayer.

Professionals in business and law, healthcare providers, educators, policymakers, consumers, and higher education practitioners value ethical reasoning skills. Because of this, we concentrated campus-wide reaccreditation efforts to help students actively engage in ER. In doing so, we re-conceptualized the ER process, implemented campus-wide ER interventions designed to be experienced by all undergraduate students, and created the ethical reasoning identification test to measure students’ ability to engage in a foundational step in the ER process. Using factor analysis, we demonstrated internal validity (...) evidence for ERIT scores. More specifically, confirmatory factor analysis provided support for a unidimensional factor structure, meaning stakeholders can report and analyze ERIT total scores. The unidimensional factor structure was replicated using two independent samples. Across all samples, ERIT scores demonstrated reliability consistent with professional standards. In addition, we collected external validity evidence for ERIT scores. The ERIT was sensitive to slight differences in ER training. That is, students experiencing a 75-min intervention performed better on the test compared to students without this experience. Overall, results suggested that our ER intervention may effectively increase students ER abilities and the ERIT demonstrated great potential for assessing foundational ethical reasoning skills. To further examine validity, researchers should consider known groups analyses with varying “doses” of the ER intervention, as well as measurement invariance studies. (shrink)

Over the past twenty-five years, numerous articles in Hypatia have clarified, revised, and defended increasingly more nuanced views of both feminist empiricism and standpoint feminism. Feminist empiricists have argued that scientific knowledge is contextual and socially situated (Longino 1990; Nelson 1990; Anderson 1995), and standpoint feminists have begun to endorse virtues of theory choice that have been traditionally empiricist (Wylie 2003). In fact, it is unclear whether substantive differences remain. I demonstrate that current versions of feminist empiricism and standpoint feminism (...) now have much in common but that key differences remain. Specifically, they make competing claims about what is required for increasing scientific objectivity. They disagree about 1) the kind of diversity within scientific communities that is epistemically beneficial and 2) the role that ethical and political values can play. In these two respects, feminist empiricists have much to gain from the resources provided by standpoint theory. As a result, the views would be best merged into “feminist standpoint empiricism.”. (shrink)

Several have argued that the aims of scientific research are not always independent of social and ethical values. Yet this is often assumed only to have implications for decisions about what is studied, or which research projects are funded, and not for methodological decisions or standards of evidence. Using the case of the recently developed HPV vaccines, we argue that the social aims of research can also play important roles in justifying decisions about (1) how research problems are defined in (...) drug development, (2) evidentiary standards used in testing drug “success”, and (3) clinical trial methodology. As a result, attending to the social aims at stake in particular research contexts will produce more rational methodological decisions as well as more socially relevant science. (shrink)

As two parts of one overarching legal positivist project, it is likely assumed that the constitutive elements of Joseph Raz’s analysis of the rule of law are compatible with his thinking on the nature of legal authority. The aim of this article is to call this assumption into question by reading Raz in light of the core, if under-recognised, preoccupation of the jurisprudence of Lon Fuller: namely, the latter’s concern to illuminate the relationship between the distinctive form of law and (...) human agency. This not only opens up a new engagement between Raz and Fuller that was far from exhausted within debates about law and morality, but also reveals tensions between Raz’s analysis of the rule of law and his analysis of legal authority that proponents of Raz’s legal positivism need to address. (shrink)

Several have argued that the aims of scientific research are not always independent of social and ethical values. Yet this is often assumed only to have implications for decisions about what is studied, or which research projects are funded, and not for methodological decisions or standards of evidence. Using the case of the recently developed HPV vaccines, we argue that the social aims of research can also play important roles in justifying decisions about (1) how research problems are defined in (...) drug development, (2) evidentiary standards used in testing drug “success”, and (3) clinical trial methodology. As a result, attending to the social aims at stake in particular research contexts will produce more rational methodological decisions as well as more socially relevant science. (shrink)

There are increasing calls internationally for the development of regulation and policies related to the rapidly growing nanotechnologies sector. As part of the process of policy formation, it is widely accepted that deliberative community engagement processes should be included, enabling publics to have a say about nanotechnologies, expressing their hopes and fears, issues and concerns, and that these will be considered as part of the policy process. The Australian Federal and State governments have demonstrated a commitment to these ideals, undertaking (...) a number of public engagement activities in recent years. However, despite promises that these community engagement activities will enable policy makers to identify complex and contested community attitudes, and that these will be included as part of the policy making process, a closer look at Australia’s engagement activities reveals something quite different. Through an analysis of a number of Australia’s nano-engagement activities, this paper demonstrates the limits of public engagement related to the development of nanotechnology related policies and regulation in Australia. Our analysis reveals the extent to which industry interests have captured policy makers and regulators, dissenting voices have been excluded from engagement processes, and engagement processes have not connected with actual policy making activities. Reflecting on these limits, this paper concludes with recommendations for improving public engagement processes related to nanotechnologies in Australia. (shrink)

In our response, we clarify important theoretical differences between basic emotion and psychological construction approaches. We evaluate the empirical status of the basic emotion approach, addressing whether it requires brain localization, whether localization can be observed with better analytic tools, and whether evidence for basic emotions exists in other types of measures. We then revisit the issue of whether the key hypotheses of psychological construction are supported by our meta-analytic findings. We close by elaborating on commentator suggestions for future research.

Journal of Social Philosophy, EarlyView.

Background: Nurses and surgeons may experience intra-team conflict during decision making about the use of postoperative life-sustaining treatment in the intensive care unit due to their perceptions of professional roles and responsibilities. Nurses have a sense of advocacy—a responsibility to support the patient’s best interest; surgeons have a sense of agency—a responsibility to keep the patient alive. Objectives: The objectives were to (1) describe the discourse surrounding the responsibilities of nurses and surgeons, as “advocates” and “agents,” and (2) apply these (...) findings to determine how differences in role responsibilities could foster conflict during decision making about postoperative life-sustaining treatment in the intensive care unit. Research design: Articles, books, and professional documents were explored to obtain descriptions of nurses’ and surgeons’ responsibilities to their patients. Using discourse analysis, responsibilities were grouped into themes and then compared for potential for conflict. Ethical considerations: No data were collected from human participants and ethical review was not required. The texts were analyzed by a surgeon and a nurse to minimize profession-centric biases. Findings: Four themes in nursing discourse were identified: responsibility to support patient autonomy regarding treatment decisions, responsibility to protect the patient from the physician, responsibility to act as an intermediary between the physician and the patient, and the responsibility to support the well-being of the patient. Three themes in surgery discourse were identified personal responsibility for the patient’s outcome, commitment to patient survival, and the responsibility to prevent harm to the patient from surgery. Discussion: These responsibilities may contribute to conflict because each profession is working toward different goals and each believes they know what is best for the patient. It is not clear from the existing literature that either profession understands each other’s responsibilities. Conclusion: Interventions that improve understanding of each profession’s responsibilities may be helpful to reduce intra-team conflict in the intensive care unit. (shrink)

Participants in clinical studies are frequently unable to remember study information for the duration of their participation in the research. Along with a nine-member work group and a seven-member advisory group, we determined that six elements of consent are necessary to uphold the validity of consent over time: awareness of ongoing participation; understanding the right to withdraw; understanding that withdrawal will not influence other treatment options; knowledge of the general purpose of the research; knowledge of potential risks of participation; and (...) understanding of the differences between traditional, individualized clinical care and standardized treatment during research participation. Based on these important elements, we developed an Assessment of Sustained Informed Consent as a tool to periodically review a protocol’s essential elements with its participants. We hope this will be a useful means of confirming research participants’ continued knowledge of the critical elements of consent, and of identifying those subjects who need reminding. (shrink)

In academic writing, facts about the past generally require the citation of relevant sources unless the fact or idea is considered?common knowledge:? bits of information or dates upon which there is a wide scholarly consensus. This brief article reflects on the use of?common knowledge? claims in contemporary scholarship about women, families, and sexuality as experienced during 20th century, East European, state socialist regimes. We focus on several key stereotypes about the communist state and the situation of women that are often (...) asserted in the scholarly literature, and argue that many of these ideas uncannily resemble American anti-communist propaganda. When contemporary scholars make claims about communist intrusions into the private sphere to effect social engineering or the inefficacy of state socialist mass organizations or communist efforts to break up the family or indoctrinate the young, they often do so without citation to previous sources or empirical evidence supporting their claims, thereby suggesting that such claims are?common knowledge.? We believe that those wishing to assert such claims should link these assertions to concrete originating sources, lest it turn out the?common knowledge? derives, in fact, from western Cold War rhetoric. nema. (shrink)

The four principles approach to bioethics, an approach most associated with the work of Tom Beauchamp and James Childress, is supposed to provide a framework for reasoning through moral issues in medicine. One might wonder, if one were to guide one’s thinking by the method suggested by principlism, will one identify and perform the objectively morally right action? Will one’s decision making be justified, and consequently, will the action that flows from that decision itself be justified? In this paper, I (...) show that principlism can, and has been, characterized in these two different ways. I also argue that when it is understood according to the first characterization, the view cannot be put into practice. However, when it is understood as an account of justification, there is reason to think that it is indeed action-guiding. Given the problems that confront the first version of the view, perhaps it is best to understand principlism, and biomedical ethical theories generally, not as action-guiding theories of right action, but rather, as procedures by which one’s decisions and actions in medicine can achieve a reasonable degree of moral justification. (shrink)

While it is widely acknowledged that science is not “free” of non-epistemic values, there is disagreement about the roles that values can appropriately play. Several have argued that non-epistemic values can play important roles in modeling decisions, particularly in addressing uncertainties ; Risbey 2007; Biddle and Winsberg 2010; Winsberg : 111-137, 2012); van der Sluijs 359-389, 2012). On the other hand, such values can lead to bias ; Bray ; Oreskes and Conway 2010). Thus, it is important to identify when (...) it is legitimate to appeal to non-epistemic values in modeling decisions. An approach is defended here whereby such value judgments are legitimate when they promote democratically endorsed epistemological and social aims of research. This framework accounts for why it is legitimate to appeal to non-epistemic values in a range of modeling decisions, while addressing concerns that the presence of such values will lead to bias or give scientists disproportionate power in deciding what values ought to be endorsed. (shrink)

Several science studies scholars report instances of scientific “hype,” or sensationalized exaggeration, in journal articles, institutional press releases, and science journalism in a variety of fields (e.g., Caulfield and Condit 2012). Yet, how “hype” is being conceived varies. I will argue that hype is best understood as a particular kind of exaggeration, one that explicitly or implicitly exaggerates various positive aspects of science in ways that undermine the goals of science communication in a particular context. This account also makes clear (...) the ways that value judgments play a role in judgments of “hype,” which has implications for detecting and addressing this problem. (shrink)

Nanotechnology is science and engineering resulting from the manipulation of matter’s most basic building blocks: atoms and molecules. As such, nanotechnology promises unprecedented control over both the materials we use and the means of their production. Such control could revolutionize nearly every sector of our economy, including medicine, defense, and energy. Despite the relatively recent emergence of this field, it already enjoys generous federal funding and enthusiastic media coverage. The tenor of discourse on nanotechnology is changing, however, as the voices (...) of critics begin to sound about a host of concerns ranging from the societal impacts of improving human performance to the specter of environmental devastation and human disease. (shrink)

The aim of this study was to investigate if children’s early responsiveness toward social partners is developmentally related to their growing concept of self, as reflected in their mirror self-recognition (MSR) and delayed self-recognition (DSR). Thus, a longitudinal study assessed infants’ responsiveness (e.g., smiling, gaze) toward social partners during the still-face (SF) task and a social imitation game and related it to their emerging MSR and DSR. Thereby, children were tested at regular time points from 9 months to 4 years (...) of age. Results revealed significant predictive relations between children’s responsiveness toward a social partner in the SF task at 9 months and their MSR at 24 months. Further, interindividual differences in children’s awareness of and responsiveness toward being imitated in a social imitation game at 12 months proved to be the strongest predictor of children’s DSR at 4 years, while some additional variance was explained by MSR at 24 months and verbal intelligence. Overall, findings suggest a developmental link between children’s early awareness of and responsiveness toward the social world and their later ability to form a concept of self. (shrink)

It is often claimed that science should be "value-free in that ethical, political, and social values have no legitimate role in the justification of scientific theories. Although such values may influence which hypotheses are pursued, or whether some application of scientific theories is desirable, they play no legitimate role in scientific reasoning. ;I argue against the view that all science ought to be value-free. Examining a range of cases from biology, epidemiology, pathology, and atmospheric sciences I show that ethical and (...) political values can operate in cases widely agreed to be "good science." Drawing on recent work by Helen Longino and Phillip Kitcher, I argue that in many research contexts the goals of scientific research cannot be separated from ethical and political interests. As a result, there are at least four ways ethical and political value judgments can play a legitimate role in the justification of scientific theories. First, in certain research contexts, ethical and political values help justify and apply criteria for theory choice . Second, ethical and political aims of inquiry can give scientists reason to adopt conceptual frameworks that contain ethical or political normative content. In these contexts, ethical and political value judgments play a legitimate role as auxiliary hypotheses in generating evidential relations. Third, when scientific research has implications for public policy, scientists must weigh ethical values in determining which risks are "acceptable" in classifying data. Finally, ethical and political considerations can be relevant to evaluating whether an interpretation of data is biased. ;A consequence of my view is that, in some contexts, "value-free" science is not only impossible, but also epistemologically irresponsible. Good science will sometimes require scientists to weigh the ethical and political values at stake in their research. As a result, scientists should be trained to think critically about the ethical and political dimensions of their work. (shrink)

Societal evaluation of new technologies, specifically nanotechnology and genetically engineered organisms, challenges current practices of governance and science. When a governing body is confronted by a technology whose use has potential environmental risks, some form of risk analysis is typically conducted to help decision makers consider the range of possible benefits and harms posed by the technology. Environmental risk assessment is a critical component in the governance of nanotechnology and genetically engineered organisms because the uncertainties and complexities surrounding these technologies (...) pose such risk potential. However, GEOs are unique technologies, and there is widespread, international recognition that many traditional forms of ERA are not well-suited for evaluating them. Nanotechnology products are also likely to need different models of risk assessment, as there is very little information on their fate, transport, and impacts in the environment. (shrink)

One of the fundamental roles of memory organisations is to safe-keep collections and this includes activities around their preservation and conservation. Conservators produce documentation records of their work to assist future interpretation of objects and to explain decision making for conservation. This documentation may exist as structured data or free text and in both cases they require vocabularies that can be understood widely in the domain. This paper describes a survey of conservation professionals which allowed us to compile the vocabularies (...) used in the domain. It includes an analysis of the vocabularies with key findings: a) the overlapping terms with multiple definitions, b) the partial coverage of the domain which is lacking controlled vocabularies for condition types and treatment techniques and c) the limited formats in which vocabularies are published, making them difficult to use within Linked Data implementations. The paper then describes an approach to improve the vocabulary landscape in conservation by providing guidelines for encoding and aligning vocabularies as well as considering third party platforms for sharing vocabularies in a sustainable way. The paper concludes with a summary of our findings and recommendations. (shrink)