This article presents the first thematic review of the literature on the ethical issues concerning digital well-being. The term ‘digital well-being’ is used to refer to the impact of digital technologies on what it means to live a life that is good for a human being. The review explores the existing literature on the ethics of digital well-being, with the goal of mapping the current debate and identifying open questions for future research. The review identifies major issues related to several (...) key social domains: healthcare, education, governance and social development, and media and entertainment. It also highlights three broader themes: positive computing, personalised human–computer interaction, and autonomy and self-determination. The review argues that three themes will be central to ongoing discussions and research by showing how they can be used to identify open questions related to the ethics of digital well-being. (shrink)

Interactions between an intelligent software agent and a human user are ubiquitous in everyday situations such as access to information, entertainment, and purchases. In such interactions, the ISA mediates the user’s access to the content, or controls some other aspect of the user experience, and is not designed to be neutral about outcomes of user choices. Like human users, ISAs are driven by goals, make autonomous decisions, and can learn from experience. Using ideas from bounded rationality, we frame these interactions (...) as instances of an ISA whose reward depends on actions performed by the user. Such agents benefit by steering the user’s behaviour towards outcomes that maximise the ISA’s utility, which may or may not be aligned with that of the user. Video games, news recommendation aggregation engines, and fitness trackers can all be instances of this general case. Our analysis facilitates distinguishing various subcases of interaction, as well as second-order effects that might include the possibility for adaptive interfaces to induce behavioural addiction, and/or change in user belief. We present these types of interaction within a conceptual framework, and review current examples of persuasive technologies and the issues that arise from their use. We argue that the nature of the feedback commonly used by learning agents to update their models and subsequent decisions could steer the behaviour of human users away from what benefits them, and in a direction that can undermine autonomy and cause further disparity between actions and goals as exemplified by addictive and compulsive behaviour. We discuss some of the ethical, social and legal implications of this technology and argue that it can sometimes exploit and reinforce weaknesses in human beings. (shrink)

This article presents the first thematic review of the literature on the ethical issues concerning digital well-being. The term ‘digital well-being’ is used to refer to the impact of digital technologies on what it means to live a life that isgood fora human being. The review explores the existing literature on the ethics of digital well-being, with the goal of mapping the current debate and identifying open questions for future research. The review identifies major issues related to several key social (...) domains: healthcare, education, governance and social development, and media and entertainment. It also highlights three broader themes: positive computing, personalised human–computer interaction, and autonomy and self-determination. The review argues that three themes will be central to ongoing discussions and research by showing how they can be used to identify open questions related to the ethics of digital well-being. (shrink)

We explore the question of whether machines can infer information about our psychological traits or mental states by observing samples of our behaviour gathered from our online activities. Ongoing technical advances across a range of research communities indicate that machines are now able to access this information, but the extent to which this is possible and the consequent implications have not been well explored. We begin by highlighting the urgency of asking this question, and then explore its conceptual underpinnings, in (...) order to help emphasise the relevant issues. To answer the question, we review a large number of empirical studies, in which samples of behaviour are used to automatically infer a range of psychological constructs, including affect and emotions, aptitudes and skills, attitudes and orientations (e.g. values and sexual orientation), personality, and disorders and conditions (e.g. depression and addiction). We also present a general perspective that can bring these disparate studies together and allow us to think clearly about their philosophical and ethical implications, such as issues related to consent, privacy, and the use of persuasive technologies for controlling human behaviour. (shrink)

We argue that while digital health technologies (e.g. artificial intelligence, smartphones, and virtual reality) present significant opportunities for improving the delivery of healthcare, key concepts that are used to evaluate and understand their impact can obscure significant ethical issues related to patient engagement and experience. Specifically, we focus on the concept of empowerment and ask whether it is adequate for addressing some significant ethical concerns that relate to digital health technologies for mental healthcare. We frame these concerns using five key (...) ethical principles for AI ethics (i.e. autonomy, beneficence, non-maleficence, justice, and explicability), which have their roots in the bioethical literature, in order to critically evaluate the role that digital health technologies will have in the future of digital healthcare. (shrink)

Common mental health disorders are rising globally, creating a strain on public healthcare systems. This has led to a renewed interest in the role that digital technologies may have for improving mental health outcomes. One result of this interest is the development and use of artificial intelligence for assessing, diagnosing, and treating mental health issues, which we refer to as ‘digital psychiatry’. This article focuses on the increasing use of digital psychiatry outside of clinical settings, in the following sectors: education, (...) employment, financial services, social media, and the digital well-being industry. We analyse the ethical risks of deploying digital psychiatry in these sectors, emphasising key problems and opportunities for public health, and offer recommendations for protecting and promoting public health and well-being in information societies. (shrink)

This chapter serves as an introduction to the edited collection of the same name, which includes chapters that explore digital well-being from a range of disciplinary perspectives, including philosophy, psychology, economics, health care, and education. The purpose of this introductory chapter is to provide a short primer on the different disciplinary approaches to the study of well-being. To supplement this primer, we also invited key experts from several disciplines—philosophy, psychology, public policy, and health care—to share their thoughts on what they (...) believe are the most important open questions and ethical issues for the multi-disciplinary study of digital well-being. We also introduce and discuss several themes that we believe will be fundamental to the ongoing study of digital well-being: digital gratitude, automated interventions, and sustainable co-well-being. (shrink)

In his paper, Jakob Hohwy outlines a theory of the brain as an organ for prediction-error minimization, which he claims has the potential to profoundly alter our understanding of mind and cognition. One manner in which our understanding of the mind is altered, according to PEM, stems from the neurocentric conception of the mind that falls out of the framework, which portrays the mind as “inferentially-secluded” from its environment. This in turn leads Hohwy to reject certain theses of embodied cognition. (...) Focusing on this aspect of Hohwy’s argument, we first outline the key components of the PEM framework such as the “evidentiary boundary,” before looking at why this leads Hohwy to reject certain theses of embodied cognition. We will argue that although Hohwy may be correct to reject specific theses of embodied cognition, others are in fact implied by the PEM framework and may contribute to its development. We present the metaphor of the “body as a laboratory” in order to highlight wha... (shrink)

This chapter serves as an introduction to the edited collection of the same name, which includes chapters that explore digital well-being from a range of disciplinary perspectives, including philosophy, psychology, economics, health care, and education. The purpose of this introductory chapter is to provide a short primer on the different disciplinary approaches to the study of well-being. To supplement this primer, we also invited key experts from several disciplines—philosophy, psychology, public policy, and health care—to share their thoughts on what they (...) believe are the most important open questions and ethical issues for the multi-disciplinary study of digital well-being. We also introduce and discuss several themes that we believe will be fundamental to the ongoing study of digital well-being: digital gratitude, automated interventions, and sustainable co-well-being. (shrink)

A cognitivist account of decision-making views choice behaviour as a serial process of deliberation and commitment, which is separate from perception and action. By contrast, recent work in embodied decision-making has argued that this account is incompatible with emerging neurophysiological data. We argue that this account has significant overlap with an embodied account of predictive processing, and that both can offer mutual development for the other. However, more importantly, by demonstrating this close connection we uncover an alternative perspective on the (...) nature of decision-making, and the mechanisms that underlie our choice behaviour. This alternative perspective allows us to respond to a challenge for predictive processing, which claims that the satisfaction of distal goal-states is underspecified. Answering this challenge requires the adoption of an embodied perspective. (shrink)

Learning is fundamentally about action, enabling the successful navigation of a changing and uncertain environment. The experience of pain is central to this process, indicating the need for a change in action so as to mitigate potential threat to bodily integrity. This review considers the application of Bayesian models of learning in pain that inherently accommodate uncertainty and action, which, we shall propose are essential in understanding learning in both acute and persistent cases of pain.

Lake et al. propose three criteria which, they argue, will bring artificial intelligence (AI) systems closer to human cognitive abilities. In this paper, we explore the application of these criteria to a particular domain of human cognition: our capacity for moral reasoning. In doing so, we explore a set of considerations relevant to the development of AI moral decision-making. Our main focus is on the relation between dual-process accounts of moral reasoning and model-free/model-based forms of machine learning. We also discuss (...) how work in embodied and situated cognition could provide a valu- able perspective on future research. (shrink)

Decision-making has traditionally been modelled as a serial process, consisting of a number of distinct stages. The traditional account assumes that an agent first acquires the necessary perceptual evidence, by constructing a detailed inner repre- sentation of the environment, in order to deliberate over a set of possible options. Next, the agent considers her goals and beliefs, and subsequently commits to the best possible course of action. This process then repeats once the agent has learned from the consequences of her (...) actions and subsequently updated her beliefs. Under this interpretation, the agent’s body is considered merely as a means to report the decision, or to acquire the relevant goods. However, embodied cognition argues that an agent’s body should be understood as a proper part of the decision-making pro- cess. Accepting this principle challenges a number of commonly held beliefs in the cognitive sciences, but may lead to a more unified account of decision-making. This thesis explores an embodied account of decision-making using a recent frame- work known as predictive processing. This framework has been proposed by some as a functional description of neural activity. However, if it is approached from an embodied perspective, it can also offer a novel account of decision-making that ex- tends the scope of our explanatory considerations out beyond the brain and the body. We explore work in the cognitive sciences that supports this view, and argue that decision theory can benefit from adopting an embodied and predictive perspective. (shrink)

Healthcare systems across the globe are struggling with increasing costs and worsening outcomes. This presents those responsible for overseeing healthcare with a challenge. Increasingly, policymakers, politicians, clinical entrepreneurs and computer and data scientists argue that a key part of the solution will be ‘Artificial Intelligence’ (AI) – particularly Machine Learning (ML). This argument stems not from the belief that all healthcare needs will soon be taken care of by “robot doctors.” Instead, it is an argument that rests on the classic (...) counterfactual definition of AI as an umbrella term for a range of techniques that can be used to make machines complete tasks in a way that would be considered intelligent were they to be completed by a human. Automation of this nature could offer great opportunities for the improvement of healthcare services and ultimately patients’ health by significantly improving human clinical capabilities in diagnosis, drug discovery, epidemiology, personalised medicine, and operational efficiency. However, if these AI solutions are to be embedded in clinical practice, then at least three issues need to be considered: the technical possibilities and limitations; the ethical, regulatory and legal framework; and the governance framework. In this article, we report on the results of a systematic analysis designed to provide a clear overview of the second of these elements: the ethical, regulatory and legal framework. We find that ethical issues arise at six levels of abstraction (individual, interpersonal, group, institutional, sectoral, and societal) and can be categorised as epistemic, normative, or overarching. We conclude by stressing how important it is that the ethical challenges raised by implementing AI in healthcare settings are tackled proactively rather than reactively and map the key considerations for policymakers to each of the ethical concerns highlighted. (shrink)

Book review of Danks, D. (2014) Unifying the Mind: Cognitive Representations as Graphical Models.

This handbook article gives a critical overview of recent discussions of epistemic authority. It favors an account that brings into balance the dictates of rational deference with the ideals of intellectual self-governance. A plausible starting point is the conjecture that neither should rational deference to authorities collapse into total epistemic submission, nor the ideal of mature intellectual self-governance be conflated with (illusions of) epistemic autarky.

In this essay, I argue that a proper understanding of the historicity of love requires an appreciation of the irreplaceability of the beloved. I do this through a consideration of ideas that were first put forward by Robert Kraut in “Love De Re” (1986). I also evaluate Amelie Rorty's criticisms of Kraut's thesis in “The Historicity of Psychological Attitudes: Love is Not Love Which Alters Not When It Alteration Finds” (1986). I argue that Rorty fundamentally misunderstands Kraut's Kripkean analogy, and (...) I go on to criticize her claim that concern over the proper object of love should be best understood as a concern over constancy. This leads me to an elaboration of the distinct senses in which love can be seen as historical. I end with a further defense of the irreplaceability of the beloved and a discussion of the relevance of recent debates over the importance of personal identity for an adequate account of the historical dimension of love. (shrink)

A number of cases involving self-locating beliefs have been discussed in the Bayesian literature. I suggest that many of these cases, such as the sleeping beauty case, are entangled with issues that are independent of self-locating beliefs per se. In light of this, I propose a division of labor: we should address each of these issues separately before we try to provide a comprehensive account of belief updating. By way of example, I sketch some ways of extending Bayesianism in order (...) to accommodate these issues. Then, putting these other issues aside, I sketch some ways of extending Bayesianism in order to accommodate self-locating beliefs. Finally, I propose a constraint on updating rules, the "Learning Principle", which rules out certain kinds of troubling belief changes, and I use this principle to assess some of the available options. (shrink)

The coherence objection to the doctrine of the Incarnation maintains that it is impossible for one individual to have both the attributes of God and the attributes of a human being. This article examines Thomas Aquinas’s answer to this objection. I challenge the dominant, mereological interpretation of Aquinas’s position and, in light of this challenge, develop and defend a new alternative interpretation of Aquinas’s response to this important objection to Christian doctrine.

How does good combine with bad? Most creatures are neither so blessed as to only enjoy good nor so cursed as to only suffer bad. Rather, the good and bad they receive throughout their lives combine to produce their overall quality of life. But it’s not just whole lives that have combined good and bad. Many stretches within contain both positive and negative occurrences whose value is joined to form the overall quality of that span of time. In a single (...) morning someone might wake up, brush their teeth, stub their toe groggily lumbering down the stairs, and have a sip of coffee that’s tasty but so hot they burn their tongue. These events are good and bad for them to various degrees, and their value comes together to form an overall value for them of that morning. A single moment, even, can have combined value from distinct pockets of good and bad that occur simultaneously. The tastiness of the coffee is good, but the pain of the heat is bad. They combine to form an overall value of the sipping moment – negative if the pain outweighed the flavor. Thus, wellbeing and illbeing combine. But how? How can someone rightly chastise themselves for sipping the overly hot coffee when it was, in fact, good because it was tasty? To pose the question starkly, a life can be bad, even so bad to not be worth living, and yet it can have many instances of good, where these goods are, in themselves, pure of any negativity. But how can good make something bad? (shrink)

This chapter offers an interpretation of Jaspers’ distinction between explaining and understanding, which relates this distinction to that between general and singular causal claims. Put briefly, I suggest that when Jaspers talks about (mere) explanation, what he has in mind are general causal claims linking types of events. Understanding, by contrast, is concerned with singular causation in the psychological domain. Furthermore, I also suggest that Jaspers thinks that only understanding makes manifest what causation between one element of a person’s mental (...) life and another ultimately consists in – that is, the particular way in which one psychic event can emerge from or arise out of another. I contrast the resulting view both with a view on causation in psychiatry recently put forward by John Campbell, and also with another view that is the target of Campbell’s attack, which is due to Donald Davidson and Daniel Dennett. (shrink)

An epistemic agent A is a false epistemic authority for others iff they falsely believe A to be in a position to help them accomplish their epistemic ends. A major divide exists between what I call "epistemic quacks", who falsely believe themselves to be relevantly competent, and "epistemic charlatans", i.e., false authorities who believe or even know that they are incompetent. Both types of false authority do not cover what Lackey (2021) calls "predatory experts": experts who systematically misuse their social-epistemic (...) status as a cover for predatory behavior. Qua experts, predatory experts are competent and thus could (and maybe sometimes do) help their clients. But should we count them as genuine epistemic authorities? No, I argue, they are false epistemic authorities because, in addition to their practical and moral misconduct, such experts systematically deceive their clients, thereby thwarting the clients’ epistemic ends. (shrink)

Political epistemology is the intersection of political philosophy and epistemology. This paper develops a political 'hinge' epistemology. Political hinge epistemology draws on the idea that all belief systems have fundamental presuppositions which play a role in the determination of reasons for belief and other attitudes. It uses this core idea to understand and tackle political epistemological challenges, like political disagreement, polarization, political testimony, political belief, ideology, and biases, among other possibilities. I respond to two challenges facing the development of a (...) political hinge epistemology. The first is about nature and demarcation of political hinges, while the second is about rational deliberation over political hinges. I then use political hinge epistemology to analyze ideology, dealing with the challenge of how an agent's ideology 'masks' or distorts their understanding of social reality, along with the challenge of how ideology critique can change the beliefs of agents who adhere to dominant ideologies, if agents only have their own or the competing ideology to rely on (see Haslanger 2017). I then explore how political hinge epistemology might be extended to further our understanding of political belief polarization. (shrink)

This article discusses Harvey Siegel’s general justification of the epistemological theory of argumentation in his seminal essay “Arguing with Arguments." On the one hand, the achievements of this essay are honoured—in particular, a thorough differentiation of the different meanings of ‘argument’ and ‘argumentation,’ the semantic justification of the fundamentality of arguments as sequences of propositions, and the detailed critiques of alternative theories of argumentation. On the other hand, suggestions for strengthening the theory are added to Siegel's expositions, which make different (...) perspectives within the epistemological theory of argumentation recognisable. (shrink)

A good definition of process tracing should highlight what is distinctive about process tracing as a methodology of causal inference. I look at eight criteria that are used to define process tracing in the methodological literature, and I dismiss all eight criteria as unhelpful (some because they are too restrictive, and others because they are vacuous). In place of these criteria, I propose four alternative criteria, and I draw a distinction between process tracing for the ultimate aim of testing a (...) start--end hypothesis versus process tracing as an ultimate end in itself. Although it is clear enough how the former method works, there is still much methodological work to be done in understanding the latter method as a distinctive method of causal inference, I argue. (shrink)

Much of the debate about Aristotle’s criticisms of Plato has focused on the separability of the Forms. Here the dispute has to do with the ontological status of the Forms, in particular Plato’s claim for their ontological priority in relation to perceptible objects. Aristotle, however, also disputes the explanatory and causal roles that Plato claims for the Forms. This second criticism is independent of the first; even if the problem of the ontological status of the Forms were resolved to Aristotle’s (...) satisfaction, this second criticism would still stand. The problem here is not that there is no room for Aristotle’s four causes in Plato’s ontology; on the contrary, antecedents for all four can be found in Plato’s works. The problem, instead, is that Plato’s Forms fail to meet the general requirements that Aristotle sets out for the material, efficient, formal, and final causes of perceptible objects. Hence, even if the Forms were immanent in perceptible objects, they would still explain nothing about them. (shrink)

Thomistic Hylomorphists claim that we human persons have rational or intellective souls which can continue to exist separately from our bodies after we die. Much of the recent scholarly discussion of Thomistic Hylomorphism has centered on this thesis and the question of whether human persons can survive death along with their souls or whether only their souls can survive in this separated, disembodied, post-mortem state. As a result, two rival versions of Thomistic Hyomorphism have been formulated: Survivalism and Corruptionism. This (...) chapter makes a new contribution to the debate between Survivalists and Corruptionists by identifying a heretofore undiscussed problem for Corruptionist Thomistic Hylomorphism. In particular, it is argued that if Corruptionists were right that human persons cannot survive their deaths along with their souls, this would undermine the grounds on which all Thomistic Hylomorphists, including Corruptionists, rely to justify their belief that our souls can continue to exist after our deaths. Given this, it is argued that Thomistic Hylomorphists have grounds for thinking that our souls can continue to exist after our deaths only if they allow, as Survivalists do and Corruptionists do not, that we human persons can continue to exist after our deaths, with souls but no bodies. (shrink)

When evaluating theories of causation, intuitions should not play a decisive role, not even intuitions in flawlessly-designed thought experiments. Indeed, no coherent theory of causation can respect the typical person’s intuitions in redundancy (pre-emption) thought experiments, without disrespecting their intuitions in threat-and-saviour (switching/short-circuit) thought experiments. I provide a deductively sound argument for these claims. Amazingly, this argument assumes absolutely nothing about the nature of causation. I also provide a second argument, whose conclusion is even stronger: the typical person’s causal intuitions (...) are thoroughly unreliable. This argument proceeds by raising the neglected question: in what respects is information about intermediate and enabling variables relevant to reliable causal judgment? (shrink)

Aside from the systematic theory of recognition, Honneth’s work in the last decade has also centered around a less commented-upon theme: the critical social theoretic diagnosis of social pathologies. This paper claims first that his diverse diagnoses of specific social pathologies can be productively united through the conceptual structure evinced by second-order disorders, where there are substantial disconnects, of various kinds, between first-order contents and second-order reflexive understandings of those contents. The second major claim of the paper is that once (...) we understand social pathologies as second-order disorders, it becomes apparent that critical social theory must do more than accurately identify and explicate these disorders at the phenomenological and action-theoretic levels. It must further engage in insightful sociological explanations of the social causes of those pathologies in order to further the prognostic and therapeutic tasks implied by the aim of developing a social theory with emancipatory intent. The paper argues that the identificatory and explicative components of diagnostic social theory have been fulfilled by Honneth to a much greater degree than the latter components of explanation, prognosis and therapy. (shrink)

In a series of publications spanning over two decades, William Hasker has argued both that (1) human beings have souls and (2) these souls are not directly created by God but instead are produced by (or “emergent from”) a physical process of some sort or other. By contrast, an alternative view of the human person, endorsed by the contemporary Catholic Church, maintains that (1) human beings have souls but that (2*) each human soul is directly created by God rather than (...) produced by any kind of physical process. Hasker argues that given what we know from evolutionary biology, (2*) is a much less plausible position for believers in souls to take than (2) is. If Hasker is right, then there is a serious tension between the Church’s teaching about the human person and evolutionary biology. In this article, I challenge Hasker’s reasoning. I argue that those who hold the Catholic view that each human soul is directly created by God face no more difficulty reconciling their view with evolutionary biology than those who maintain, as Hasker does, that human souls are instead produced by some kind of physical process. (shrink)

American History X (hereafter AHX) has been accused by numerous critics of a morally dangerous cinematic seduction: using stylish cinematography, editing, and sound, the film manipulates the viewer through glamorizing an immoral and hate-filled neo-nazi protagonist. In addition, there’s the disturbing fact that the film seems to accomplish this manipulation through methods commonly grouped under the category of “fascist aesthetics.” More specifically, AHX promotes its neo-nazi hero through the use of several filmic techniques made famous by Nazi propagandist Leni Riefenstahl. (...) Now most critics admit that, in the end, the film claims to denounce racism and attempts to show us the conversion of the protagonist to the path of righteousness, but they complain that nonetheless the film (perhaps unintentionally) ends up implicitly promoting the immoral worldview it rather superficially professes to reject in its final act. This charge of hypocrisy is connected to another worry: the moral conversion in the film is said to fall flat because the intellectual resources on display to support the character’s racism are not counterbalanced by equally explicit (but superior) arguments for the anti-racist position ultimately embraced by the character. In other words, just as the devil is said to get all the good lines in Milton’s Paradise Lost, in AHX the racists get all the arguments. This has been taken to be a morally problematic flaw of the film. Critics lament that Derek’s conversion seems to result not from relevant logical inferences and valid rational argumentation but from overly simplistic and arguably egoistic insights (e.g., “has anything you've done made your life better?”) combined, perhaps, with a hackneyed cliché (in prison, one of his best friends is a black person!) In this paper I’ll attempt to rebut these charges and defend the film as a powerful, and powerfully moral, work of art. I’ll be suggesting that the seductive techniques employed allow for many viewers a degree of sympathy towards the protagonist that is crucial, both for making that character’s more horrific actions especially unsettling, and also for making his eventual conversion plausible and ultimately compelling. I’ll also argue that the manner in which his conversion is presented is in fact subtler than many critics have allowed: Derek’s transformation is not artificial or implausible but is depicted as resulting from a cumulative series of emotionally powerful life events and personal engagements. It is certainly true that it is not represented in the way some would seemingly have preferred, i.e. as straightforwardly resulting from a process of gradual intellectual improvement in Derek’s reasoning on questions of race and politics. However, I’ll argue that the decidedly emotional basis of his moral evolution is both refreshingly realistic and no hindrance to accepting his conversion as rational. Finally, properly understanding the legitimacy of the emotional foundations of much moral thought will also allow us to appreciate the ways in which our initial worries about this film’s (not insignificant) ability to persuade viewers through the engagement of emotions need not, in itself, be seen as a barrier to endorsing the film as a morally praiseworthy work. (shrink)

Since Shelly Kagan pointed out the relative neglect of ill-being in philosophical discussions, several philosophers have contributed to an emerging literature on its constituents. In doing so, they have explored possible asymmetries between the constituents of ill-being and the constituents of positive well-being. This paper explores some possible asymmetries that may arise elsewhere in the philosophy of ill-being. In particular, it considers whether there is an asymmetry between the contribution made to prudential value by equal quantities of goods and bads. (...) It then considers a similar question about the contributions made to moral value by equal quantities of ill-being and positive well-being. The paper explores some of the difficulties involved in assessing these questions. It ends by considering broader differences, both practical and theoretical, between the significance of ill-being and of positive well-being. (shrink)

The application of artificial intelligence (AI) to judicial decision-making has already begun in many jurisdictions around the world. While AI seems to promise greater fairness, access to justice, and legal certainty, issues of discrimination and transparency have emerged and put liberal democratic principles under pressure, most notably in the context of bail decisions. Despite this, there has been no systematic analysis of the risks to liberal democratic values from implementing AI into judicial decision-making. This article sets out to fill this (...) void by identifying and engaging with challenges arising from artificial judicial decision-making, focusing on three pillars of liberal democracy, namely equal treatment of citizens, transparency, and judicial independence. Methodologically, the work takes a comparative perspective between human and artificial decision-making, using the former as a normative benchmark to evaluate the latter. -/- The chapter first argues that AI that would improve on equal treatment of citizens has already been developed, but not yet adopted. Second, while the lack of transparency in AI decision-making poses severe risks which ought to be addressed, AI can also increase the transparency of options and trade-offs that policy makers face when considering the consequences of artificial judicial decision-making. Such transparency of options offers tremendous benefits from a democratic perspective. Third, the overall shift of power from human intuition to advanced AI may threaten judicial independence, and with it the separation of powers. While improvements regarding discrimination and transparency are available or on the horizon, it remains unclear how judicial independence can be protected, especially with the potential development of advanced artificial judicial intelligence (AAJI). Working out the political and legal infrastructure to reap the fruits of artificial judicial intelligence in a safe and stable manner should become a priority of future research in this area. (shrink)

One popular approach to statistical mechanics understands statistical mechanical probabilities as measures of rational indifference. Naive formulations of this ``indifference approach'' face reversibility worries - while they yield the right prescriptions regarding future events, they yield the wrong prescriptions regarding past events. This paper begins by showing how the indifference approach can overcome the standard reversibility worries by appealing to the Past Hypothesis. But, the paper argues, positing a Past Hypothesis doesn't free the indifference approach from all reversibility worries. For (...) while appealing to the Past Hypothesis allows it to escape one kind of reversibility worry, it makes it susceptible to another - the Meta-Reversibility Objection. And there is no easy way for the indifference approach to escape the Meta-Reversibility Objection. As a result, reversibility worries pose a steep challenge to the viability of the indifference approach. (shrink)

Axel Honneth, The Struggle for Recognition: The Moral Grammer of Social Conflicts (reviewed by Christopher Zurn).

In this article, I argue that the practice of civil disagreement has robust epistemic benefits and that these benefits enable meaningful forms of reconciliation—across worldview lines and amid the challenging information environment of our age. I then engage two broad groups of objections: either that civil disagreement opposes, rather than promotes, clarity, or else that it does little to help it. If successful, my account gives us reason to include civil disagreement among what Mill calls “the real morality of public (...) discussion,” a fact that should stir us to take more seriously the decline of civility in contemporary life. (shrink)

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized moral-political reasons (...) on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)

What does social justice require in contemporary societies? What are the requirements of social democracy? Who and where are the individuals and groups that can carry forward agendas for progressive social transformation? What are we to make of the so-called new social movements of the last thirty years? Is identity politics compatible with egalitarianism? Can cultural misrecognition and economic maldistribution be fought simultaneously? What of the heritage of Western Marxism is alive and dead? And how is current critical social theory (...) to approach these and other questions? Much of the most productive work done in recent social theory has revolved around such issues, in particular, around those concerning the relationship between the politics of recognition and the politics of distribution. After the intense theoretical focus over the last fifteen years or so on the issues of recognition politics—multiculturalism, multi-nationalism, identity politics, group-differentiated rights, the accommodation of difference, and so on—some social theorists have worried that attention has been diverted from important issues of distributive equality—systematic impoverishment, increasing material inequality, ‘structural’ unemployment, the growth of oligarchic power, global economic segmentation, and so on. While some critics seem to have adopted a blunt ‘it’s the economy, stupid’ line of criticism,1 others have attempted to develop an overarching, integrative theoretical framework adequate to the diverse issues concerning both economic and cultural justice. For example, Axel Honneth proposes that a suitably developed and normatively robust theory of intersubjective recognition can adequately integrate an analysis of apparently diverse contemporary struggles: those for a just division of labor and hence, a fair distribution of resources and opportunities, as well as those for a culture free of identity-deforming disrespect and denigration. (shrink)

According to many criteria, agency, intentionality, responsibility and freedom of decision, require conscious decisions. Freud already assumed that many of our decisions are influenced by dynamically unconscious motives or that we even perform unconscious actions based on completely unconscious considerations. Such actions might not be intentional, and perhaps not even actions in the narrow sense, we would not be responsible for them and freedom of decision would be missing. Recent psychological and neurophysiological research has added to this a number of (...) phenomena (the "new unconscious") in which behavior is completely unconscious or in which the decision or its execution is influenced by unconscious factors: priming, automatic behavior, habitualized behavior, actions based on plain unconscious deliberations, intrusion of information from the dorsal pathway, etc. However, since this makes up the largest part of the behavior which is generally regarded as action, intentionality, yet agency, responsibility and even compatibilist freedom of decision for the largest part of our behavior may be threatened. Such considerations have led to a lively debate, which, however, suffers from generalizations that lump all these unconscious phenomena together. In contrast, the aim of this article is to discuss individual unconscious influences on our behavior separately with respect to what extent they require changes in traditional conceptualizations. The first part (2-4) of the article outlines the "traditions" and their elaborations: the intentional causalist concept of action, an associated empirical theory of action and standard concepts of responsibility and compatibilist freedom of decision, as well as the challenges for them. In the second part (5-9), the aforementioned unconscious influences on our actions (except for automated and habitualized actions, which I discuss elsewhere) are examined: 1. unconscious priming, 2. dynamically unconscious motives, 3. dorsal pathway information influencing conscious decisions, 4. unconsciously altered execution of conscious intentions, 5. unconscious deliberations and decisions. To what extent do these phenomena C1. require a change in the concept of action, C2. curtail intentionality or agency, C3. responsibility and C4. freedom? The result is: The curtailments prove to be far less dramatic than they initially appear; they require more watchfulness but no conceptual change. (shrink)

This article develops an argument in defense of the claim that Aquinas holds that there are some kinds of activities which can be performed only by persons. In particular, it is argued that Aquinas holds that only persons can engage in the activities proper to a rational nature, e.g., the activities of intellect and will. Next, the article turns to discuss two implications of this thesis concerning Aquinas’s concept of a person. First, the thesis can be used to resolve a (...) prominent scholarly debate concerning Aquinas’s views on the possibility of human persons surviving their bodily deaths. Second, it also points to a problem with a leading interpretation of Aquinas’ account of the Christian doctrine of the Incarnation. Finally, the article concludes by discussing how a correct interpretation of Aquinas’s views on these matters is related to a broader scholarly debate concerning the history of the Western concept of a person. (shrink)

Many have claimed that legitimate constitutional democracy is either conceptually or practically impossible, given infinite regress paradoxes deriving from the requirement of simultaneously democratic and constitutional origins for legitimate government. This paper first critically investigates prominent conceptual and practical bootstrapping objections advanced by Barnett and Michelman. It then argues that the real conceptual root of such bootstrapping objections is not any specific substantive account of legitimacy makers, such as consent or democratic endorsement, but a particular conception of the logic of (...) normative standards—the determinate threshold conception—that the critic attributes to the putatively undermined account of legitimacy. The paper further claims that when we abandon threshold conceptions of the logic of legitimacy in favor of regulative-ideal conceptions, then the objections, from bootstrapping paradoxes to the very idea of constitutional democracy, disappear. It concludes with considerations in favor of adopting a more demanding conception of the regulative ideal of constitutional democracy, advanced by Habermas, focusing on potentials for developmental learning. (shrink)

A person possesses value from various components of wellbeing, but they also have overall wellbeing from various instances of value taken together. Most ethicists assume that there is an objectively unique way that wellbeing from components aggregates into overall wellbeing. However, I argue that aggregation is subjective and varies depending on what sort of aggregation a person values. I end with some implications for the significance of death.

Are we witnessing progress or regress in the recent increasing popularity and electoral success of populist politicians and parties in consolidated democratic nations? ... Is the innovative use of popular referendum in Great Britain to settle fundamental constitutional questions a progressive or regressive innovation? ... Similarly, is the increasing use of constituent assemblies to change constitutions across the world evidence of progress in democratic constitutionalism, or, a worryingly regressive change back toward unmediated popular majoritarianism? ... This paper reflects on some (...) of the perils and promise of framing such questions with the conceptual couplet of progress and regress. It considers four compelling critiques of the use of ‘progress’ and its cognates in sociopolitical theory, as well as arguing that such concepts are nevertheless ineliminable for our normative theories. The paper concludes by suggesting that we can avoid the most serious problems by employing only conceptions of political progress and regress that are piecemeal, pragmatic, and processual. (shrink)

Contemporary recognition theory has developed powerful tools for understanding a variety of social problems through the lens of misrecognition. It has, however, paid somewhat less attention to how to conceive of appropriate responses to misrecognition, usually making the tacit assumption that the proper societal response is adequate or proper affirmative recognition. In this paper I argue that, although affirmative recognition is one potential response to misrecognition, it is not the only such response. In particular, I would like to make the (...) case for derecognition in some cases: derecognition, in particular, through the systematic deinstitutionalization or uncoupling of various reinforcing components of social institutions, components whose tight combination in one social institution has led to the misrecognition in the first place. I make the case through the example of recent United States debates over marriage, especially but not only with respect to gay marriage. I argue that the proper response to the misrecognition of sexual minorities embodied in exclusively heterosexual marriage codes is not affirmative recognition of lesbian and gay marriages, but rather the systematic derecognition of legal marriage as currently understood. I also argue that the systematic misrecognition of women that occurs under the contemporary institution of marriage would likewise best be addressed through legal uncoupling of heterogeneous social components embodied in the contemporary social institution of marriage. (shrink)

This paper develops a normative framework for both conceptualizing and assessing various institutional possibilities for democratic modes of constitutional change, with special attention to the recent ferment of constitutional experimentation. The paper’s basic methodological orientation is interdisciplinary, combining research in comparative constitutionalism, political science and normative political philosophy. In particular, it employs a form of normative reconstruction: attempting to glean out of recent institutional innovations the deep political ideals such institutions embody or attempt to realize. Starting from the assumption that (...) contemporary constitutional democracies are attempting to realize the broader ideals of deliberative democratic constitution (ideals outlined briefly in the first section), the paper proposes an evaluative framework, comprised of six criteria, for assessing various mechanisms of constitutional change. It argues that democratic forms of constitutional change embody six distinct ideals—operationalizability, structural independence, democratic co-authorship, political equality, inclusive sensitivity, and reasons-responsiveness—and that these ideals can be used to gauge the normative worth of different mechanisms for carrying out such change. The framework is developed with reference to recent constitutional developments (e.g., in Venezuela, South Africa, Columbia, Bolivia, and Iceland) highlighting distinct criteria and showing how they appear to capture the general direction of institutional innovation. The paper conjectures that the set of six criteria yield the best normative reconstruction of the crucial ideals embodied in the constitutional change mechanisms of contemporary constitutional democracies, and so, ought to be used for purposes of evaluating institutional design proposals. (shrink)

Preface for Festschrift for Asher Peres's 70th Birthday, Foundations of Physics, issues 35(11), 35(12), and 36(1). -/- “All my friends!” These were nearly the first words I ever heard come from Asher Peres’s mouth. It was at a conference in Maryland in 1994 honoring the 83rd birthday of John Wheeler. The first morning of the meeting I spied Asher walk out of the lecture hall and into a long hallway where, in the distance, he saw a group of old colleagues. (...) His words came out so spontaneously and so lovingly it left a mark on me. I thought, “What a wonderful way to lead a life!—to have results that effect the world over, to travel the world reporting them, to see each conference as a family reunion.” Asher was a man of family—his blood family in Israel and his family of physicist colleagues throughout the world. He nurtured all of us, and we are what we are in large part because of him. (shrink)