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 We find the policies in each of these domains significantly flawed and therefore argue they should be withdrawn.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)

This paper examines the resilience of farmers markets in Michigan to the system shock of the global COVID-19 pandemic, questioning how the response fits into market goals of food sovereignty. Adapting to shifting public health recommendations and uncertainty, managers implemented new policies to create a safe shopping experience and expand food access. As consumers directed their shopping to farmers markets looking for safer outdoor shopping, local products, and foods in short supply at grocery stores, market sales skyrocketed with vendors reporting (...) selling more than ever before, but the longevity of this change remains unclear. Our data collected via semi-structured interviews with market managers and vendors, and survey data from customers from 2020 to 21, suggest that despite the widespread impact of COVID-19, there is not sufficient evidence consumers will continue to shop at farmers markets at the rates they did in 2020-21. Furthermore, reasons consumers flocked to farmers markets do not align with market priorities for increased food sovereignty, as increased sales alone are not a sufficient driver for this goal. We question how markets can contribute to broader sustainability goals or serve as alternatives to capitalist and industrial modes of agricultural production, problematizing the role of markets in the food sovereignty movement. (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)

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.

We’re often unsure what morality requires, but we need to act anyway. There is a growing philosophical literature on how to navigate moral uncertainty. But much of it asks how to rationally pursue the goal of acting morally, using decision-theoretic models to address that question. I argue that using these popular approaches leaves some central and pressing questions about moral uncertainty unaddressed. To help us make sense of experiences of moral uncertainty, we should shift away from focusing on what it’s (...) rational to do when facing moral uncertainty, and instead look directly at what it’s moral to do about moral uncertainty—for example, how risk averse we morally ought to be, or which personal sacrifices we’re morally obligated to make in order to reduce our risk of moral wrongdoing. And orthodox, expectation-maximizing, decision-theoretic models aren’t well-suited to this task—in part because they presuppose the answers to some important moral questions. For example, if approaching moral uncertainty in a moral way requires us to “maximize expected moral rightness,” that’s, itself, a contentious claim about the demands of morality—one that requires significant moral argument, and that I ultimately suggest is mistaken. Of course, it’s possible to opt, instead, for a variety of alternative decision-theoretic models. But, in order to choose between proposed decision-theoretic models, and select one that is well-suited to handling these cases, we first would need to settle more foundational, moral questions—about, for example, what we should be willing to give up in order to reduce the risk that we’re acting wrongly. Decision theory may be able to formalize the conclusions of these deliberations, but it is not a substitute for them, and it won’t be able to settle the right answers in advance. For now, when we discuss moral uncertainty, we need to wade directly into moral debate, without the aid of decision theory’s formalism. (shrink)

Pietsch, Chelsea In a claim of negligence, plaintiffs must be able to prove that they have suffered some sort of damage or loss. Proving damage is usually a straightforward task which involves making a comparison between the plaintiff's position before and after the alleged negligence. However, what damage has been done if a doctor's negligence results in the conception and subsequent birth of a child? Is it ever possible to conceive of life as damage? These questions must ultimately be (...) addressed in wrongful birth claims where parents seek compensation for the conception and/or birth of a life that would not have existed but for the doctor's negligent advice or treatment. However, they are not as easy for judges to answer as you may think. Judges have a duty to resolve such matters - not with reference to vague notions of 'common sense' or 'community interests' - but in accordance with established law. However, what if there is no statute or precedent that speaks on the matter? How should judges resolve such 'novel' issues? Can judges rely on 'common sense' or arguments about 'community interests' in these limited circumstances? The question of whether or not a child may be categorised as damage for the purpose of satisfying a claim in negligence is such an issue. In this essay I acknowledge that, in the absence of guiding legal rules and principles, judges have no choice but to resolve novel questions on grounds of policy considerations. I suggest, however, that a distinction should be made between legal and public policy and that reliance on the former, not the latter, may be used to assert that children are blessings, not injuries. While it may be morally desirable for the issue to end there, this is not the case. Legal policy has also developed the notion of reproductive autonomy in such a way that suggests the opposite may also be true. In an attempt to resolve these conflicting values, I propose the damage in wrongful birth cases is not the conception and/or birth of a child but rather a doctor's infringement on their patient's reproductive autonomy, which warrants legal recognition in the form of compensation. (shrink)

Pietsch, Chelsea The definition and meaning of mercy from the point of view of life-ending decisions or euthanasia is discussed. The different ways in which mercy can be interpreted are highlighted.

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)

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)

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)

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)

_Brill's Companion to the Reception of Presocratic Natural Philosophy in Later Classical Thought_ explores both explicit and hidden influences of Presocratic (6-4th c. BCE) early scientific concepts, such as nature, elements, principles, soul, organization, causation, purpose, and cosmos in Platonic, Aristotelian, and Hippocratic philosophy.

Adam Kolber argues against retributivist theories of punishment, based on considerations of moral uncertainty. In this reply, I suggest that Kolber’s argument will not have the implications he supposes, in part because, if it’s able to raise difficulties for retributivism, similar problems will arise for a wide variety of other approaches to punishment.

This article addresses meter in the Hurrian parables from Boğazköy. Bachvarova has characterized this text as having four stressed syllables per line; others have suggested that the pattern of unstressed syllables may also contribute to the meter, although the widely variable line lengths pose a problem for an isosyllabic meter. I offer evidence for a meter consisting of four stressed syllables per line, with one to three unstressed syllables between stressed syllables. I further reconcile a syllable-counting meter with the observed (...) variability in line length by positing that lines are in groups of two to three, forming semantic units. Within these groups, the average difference in syllable count between lines is significantly lower than it is between non-grouped lines. The similarity within groups of lines suggests that, despite apparent differences based on the orthography, lines within groups may have matched exactly in number of syllables. Postulating this exact match, I offer three phonetic interpretations of the orthography that build on phonological characteristics discussed by Wilhelm and Wegner : 1) an underlying glottal stop producing disyllabicity of sequences and potentially other plene vowel sequences as well; 2) elision at word boundaries where the first word ended with a vowel and the following word began with a vowel; 3) a monosyllabic realization of a word-internal sequence of a high vowel followed by another vowel. Such a syllable-counting meter provides a new line of evidence for the phonology of Hurrian as well as contributing to the metrical characteristics that can be found in poetry of the ancient Near East. (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)

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)

Nostalgia, a sentimental longing for one’s past, can serve as a resource for individuals coping with discomforting experiences. The experience of bereavement poses psychological and physical risks....

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...

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

_In _Challenging the One Best System_, a team of leading education scholars offers a rich comparative analysis of the set of urban education governance reforms collectively known as the “portfolio management model.”_ They investigate the degree to which this model—a system of schools operating under different types of governance and with different degrees of autonomy—challenges the standard structure of district governance famously characterized by David Tyack as “the one best system.” The authors examine the design and enactment of the portfolio (...) management model in three major cities: New Orleans, Los Angeles, and Denver. They identify the five interlocking mechanisms at the core of the model—planning and oversight, choice, autonomy, human capital, and school supports—and show how these are implemented differently in each city. Using rich qualitative data from extensive interviews, the authors trace the internal tensions and tradeoffs that characterize these systems and highlight the influence of historical and contextual factors as well. Most importantly, they question whether the portfolio management model represents a fundamental restructuring of education governance or more incremental change, and whether it points in the direction of meaningful improvement in school practices. Drawing on a rigorous, multimethod study, _Challenging the One Best System_ represents a significant contribution to our understanding of system-level change in education. (shrink)

A commentary on “Men and Abortion Decisions,” by John Hardwig, in the March‐April 2015 issue.

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...

This paper revisits the dynamic discussion about journalism’s role in representing and amplifying disability arts at the 2019 Cripping the Arts Symposium. Chronicling the dialogue of the “Representation” panel which included artists, arts and culture critics, journalists, and scholars, it reveals how arts and culture coverage contributes to the cultivation of disability, D/deaf, and mad art. Given that the relationship between journalism and disability communities continues to be fractured in Canada, speakers were invited to reflect on journalism and disability arts (...) in relation to their own engagement with media as subjects, authors, and critics of disability arts reviews. The methods for presentation were cripped in multiple ways to provide the fullest access possible. The panel concluded with examples of ableist fault lines in representation practices where the disabled figure is an absent “ghost” in journalistic representation, warnings against journalistic reliance on traditional and objective narratives, and a call for artists to claim and write their own stories. Ultimately, disabled, D/deaf, and mad artists need both control over artistic endeavours and output and influence over representation. This article reconnects journalism and disability communities, ultimately demonstrating that representation is a critical, co-constitutive process that can become more aesthetically and politically oriented toward social justice in its focus on disability, D/deaf, and mad arts. (shrink)

The reception of the thought of René Girard in theological discourse has been anything but uniform. Some have praised his theory for its simplicity and the scope of its explanatory power, while others have critiqued its apparent negative anthropology and claim to universality. Girard is known for articulating what he has termed “mimetic theory” and, more controversially, for arguing that the mimetic desire particular to human beings leads to violence, which can only be attenuated by a sacrificial system that has (...) arisen alongside human culture. Girard has faced numerous critiques against his theory in general, and has received backlash for his suspicion of and subsequent distancing from, the language of sacrifice.... (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)

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)

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)