Implicit Bias

Why does social injustice exist? What role, if any, do implicit biases play in the perpetuation of social inequalities? Individualistic approaches to these questions explain social injustice as the result of individuals’ preferences, beliefs, and choices. For example, they explain racial injustice as the result of individuals acting on racial stereotypes and prejudices. In contrast, structural approaches explain social injustice in terms of beyond-the-individual features, including laws, institutions, city layouts, and social norms. Often these two approaches are seen as competitors. (...) Framing them as competitors suggests that only one approach can win and that the loser offers worse explanations of injustice. In this essay, we explore each approach and compare them. Using implicit bias as an example, we argue that the relationship between individualistic and structural approaches is more complicated than it may first seem. Moreover, we contend that each approach has its place in analyses of injustice and raise the possibility that they can work together—synergistically—to produce deeper explanations of social injustice. If so, the approaches may be complementary, rather than competing. (shrink)

The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific changes (...) in decision-making processes and practices. These changes are required to achieve a standard of decision-making that is consistent with the public interest in the administration of justice within a constitutional framework under the social and political conditions of the early 21st century. The essay illustrates the application of the principles and methods of legitecture to analysis of problems of institutional design in law. (shrink)

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

What can we do—and what should we do—to fight against bias? This final chapter introduces empirically-tested interventions for combating implicit (and explicit) bias and promoting a fairer world, from small daily-life debiasing tricks to larger structural interventions. Along the way, this chapter raises a range of moral, political, and strategic questions about these interventions. This chapter further stresses the importance of admitting that we don’t have all the answers. We should be humble about how much we still don’t know and (...) dedicate efforts to gathering as much knowledge as possible. Even so, we know enough now to start making a difference, and this chapter ultimately aims to chip away at the gap between our abstract commitments to treat people fairly and our lived habits and experiences, which continue to be shaped by implicit and explicit prejudices and stereotypes about race, gender, and other social categories. (shrink)

(This contribution is primarily based on "Implicit Bias, Moods, and Moral Responsibility," (2018) Pacific Philosophical Quarterly. This version has been shortened and significantly revised to be more accessible and student-oriented.) Are individuals morally responsible for their implicit biases? One reason to think not is that implicit biases are often advertised as unconscious. However, recent empirical evidence consistently suggests that individuals are aware of their implicit biases, although often in partial and inarticulate ways. Here I explore the implications of this evidence (...) of partial awareness for individuals’ moral responsibility. First, I argue that responsibility comes in degrees. Second, I argue that individuals’ partial awareness of their implicit biases makes them (partially) morally responsible for them. I argue by analogy to a close relative of implicit bias: moods. (shrink)

Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed worries about racial (...) injustice but have usually taken such evidence to warrant reform but not outright abolition. We argue that the racial discrimination at issue flows in significant part from implicit biases concerning race, criminality, and violence, which do not fit comfortably within the picture of racial bias advanced by the courts. The case for abolition, we contend, rests on Black Americans as a class (not merely those who interact with the criminal justice system as capital defendants or as murder victims) being subject to such bias and thereby not being accorded equal status under the law. (shrink)

What is the status of research on implicit bias? In light of meta-analyses revealing ostensibly low average correlations between implicit measures and behavior, as well as various other psychometric concerns, criticism has become ubiquitous. We argue that while there are significant challenges and ample room for improvement, research on the causes, psychological properties, and behavioral effects of implicit bias continues to deserve a role in the sciences of the mind as well as in efforts to understand, and ultimately combat, discrimination (...) and inequality. (shrink)

Social psychologists often describe “implicit” racial biases as entirely unconscious, and as mere associations between groups and traits, which lack intentional content, e.g., we associate “black” and “athletic” in much the same way we associate “salt” and “pepper.” However, recent empirical evidence consistently suggests that individuals are aware of their implicit biases, albeit in partial, inarticulate, or even distorted ways. Moreover, evidence suggests that implicit biases are not “dumb” semantic associations, but instead reflect our skillful, norm-sensitive, and embodied engagement with (...) social reality. This essay draws on phenomenological and hermeneutic methods and concepts to better understand what social-psychological research has begun to reveal about the conscious access individuals have to their own racial attitudes, as well as the intentional contents of the attitudes themselves. -/- First, I argue that implicit racial biases form part of the “background” of social experience. That is, while they exert a pervasive influence on our perceptions, judgments, and actions, they are frequently felt but not noticed, or noticed but misinterpreted. Second, I argue that our unreflective racial attitudes are neither mere associations nor fully articulated, propositionally structured beliefs or emotions. Their intentional contents are fundamentally indeterminate. For example, when a white person experiences a “gut feeling” of discomfort during an interaction with a black person, there is a question about the meaning or nature of that discomfort. Is it a fear of black people? Is it anxiety about appearing racist? There is, I argue, no general, determinate answer to such questions. The contents of our unreflective racial attitudes are fundamentally vague and open-ended, although I explain how they nevertheless take on particular shapes and implications—that is, their content can become determinate—depending on context, social meaning, and structural power relations. (If, for example, a perceived authority figure, such as a politician, parent, or scientist, encourages you to believe that your uncomfortable gut feeling is a justified fear of other social groups, then that is what your gut feeling is likely to become.). (shrink)

A traditional social scientific divide concerns the centrality of the interpretation of local understandings as opposed to attending to relatively general factors in understanding human individual and group differences. We consider one of the most common social scientific variables, race, and ask how to conceive of its causal power. We suggest that any plausible attempt to model the causal effects of such constructed social roles will involve close interplay between interpretationist and more general elements. Thus, we offer a case study (...) that one cannot offer a comprehensive model of the causal power of racial categories as social constructions without careful attention both to local meanings and more general mechanisms. (shrink)

After a fatal police shooting in the United States, it is typical for city and police officials to view the family of the deceased through the lens of the law. If the family files a lawsuit, the city and police department consider it their legal right to defend themselves and to treat the plaintiffs as adversaries. However, reparations and the concept of “reparative justice” allow authorities to frame police killings in moral rather than legal terms. When a police officer kills (...) a person who was not liable to this outcome, officials should offer monetary reparations, an apology, and other redress measures to the victim’s family. To make this argument, the article presents a philosophical account of non-liability hailing from self-defense theory, centering the distinction between reasonableness and liability. Reparations provide a non-adversarial alternative to civil litigation after a non-liable person has been killed by a police officer. In cases where the officer nevertheless acted reasonably, “institutional agent-regret” rather than moral responsibility grounds the argument for reparations. Throughout the article, it is argued that there are distinct racial wrongs both when police kill a non-liable black person and when family members of a black victim are treated poorly by officials in the civil litigation process. (shrink)

Drawing on the work of Enrique Dussel, Linda Tuhiwai Smith, and other scholars of colonialism, this essay traces colonialist legacies in the popular global-ethics literature. I argue that colonialist elements implicit in prominent global-ethics anthologies can foster attitudes of superiority over and aloofness toward economically struggling communities, even when the texts argue for aid to “the global poor.” Finally, I offer suggestions for how those of us who study and teach global ethics in the affluent world might begin to unsettle (...) colonialist baggage and cultivate skills more conducive to democratic global communities. (shrink)

Jennifer Saul argues that the evidence from the literature on implicit biases entails a form of skepticism. In this paper, I argue that Saul faces a dilemma: her argument is either self-defeating, or it does not yield a skeptical conclusion. For Saul, both results are unacceptable; thus, her argument fails.

The term 'implicit bias' has very swiftly been incorporated into philosophical discourse. Our aim in this paper is to scrutinise the phenomena that fall under the rubric of implicit bias. The term is often used in a rather broad sense, to capture a range of implicit social cognitions, and this is useful for some purposes. However, we here articulate some of the important differences between phenomena identified as instances of implicit bias. We caution against ignoring these differences: it is likely (...) they have considerable significance, not least for the sorts of normative recommendations being made concerning how to mitigate the bad effects of implicit bias. (shrink)

According to one picture of the mind, decisions and actions are largely the result of automatic cognitive processing beyond our ability to control. This picture is in tension with a foundational principle in ethics that moral responsibility for behavior requires the ability to control it. The discovery of implicit attitudes contributes to this tension. According to the ability argument against moral responsibility, if we cannot control implicit attitudes, and implicit attitudes cause behavior, then we cannot be morally responsible for that (...) behavior. The purpose of this paper is to refute the ability argument. Drawing on both scientific evidence in cognitive science and philosophical arguments in ethics and action theory, I argue that it is invalid and unsound because current evidence is insufficient to establish the premises that implicit attitudes are uncontrollable, that they significantly cause behavior, that responsibility always requires ability, and that even if uncontrollable attitudes did fully cause behavior, this entails that the behavior they cause is uncontrollable. The rejection of the ability argument questions the priority of the unconscious over the conscious mind in cognitive science, deprioritizes ability in theories of moral responsibility in ethics, and provides a strong reason to uphold moral responsibility for implicitly biased behavior. (shrink)

What factors affect judicial decision-making? The legal system is of utmost importance because of its impact on our lives. Judges appear to have the most power among any social workers seeing as the precedents set in their decisions are tantamount to written law. Nevertheless, judges may be subject to certain biases, moral and cognitive alike, which influence their rulings. Looking into how morality and cognitive biases affect judges may also reveal how we as individuals handle combining morals with ethics- as (...) well as whether any discrepancies among ourselves are justifiable. An investigation into relevant moral and jurisprudential theories revealed much about the inner workings of a judge’s mindset- whether he or she recognizes it or not. Coupling this with corroborated research on a select few heuristics present specifically for judges sets the foundation for an array of possible solutions in order to ensure the most impartial judicial proceedings. Plausible remedies include conducting premortems, implicit association tests, and a revised ruling procedure. (shrink)

In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...) record, this paper: (1) examines relationships between legal errors dealing with availability of the defence of “belief in consent” and interpretation of the “all reasonable steps” provision, the need for retrials, and apprehended race-gender-age bias and discrimination; and 2) proposes incremental and systemic remedies to address the weaknesses in police, prosecutorial and judicial policy and practice highlighted by this case. (shrink)

The underrepresentation of women, people of color, and especially women of color—and the corresponding overrepresentation of white men—is more pronounced in philosophy than in many of the sciences. I suggest that part of the explanation for this lies in the role played by the idealized rational self, a concept that is relatively influential in philosophy but rarely employed in the sciences. The idealized rational self models the mind as consistent, unified, rationally transcendent, and introspectively transparent. I hypothesize that acceptance of (...) the idealized rational self leads philosophers to underestimate the influence of implicit bias on their own judgments and prevents them from enacting the reforms necessary to minimize the effects of implicit bias on institutional decision-making procedures. I consider recent experiments in social psychology that suggest that an increased sense of one’s own objectivity leads to greater reliance on bias in hiring scenarios, and I hypothesize how these results might be applied to philosophers’ evaluative judgments. I discuss ways that the idealized rational self is susceptible to broader critiques of ideal theory, and I consider some of the ways that the picture functions as a tool of active ignorance and color-evasive racism. (shrink)

I develop and defend the view that subjects are necessarily psychologically able to revise their beliefs in response to relevant counter-evidence. Specifically, subjects can revise their beliefs in response to relevant counter-evidence, given their current psychological mechanisms and skills. If a subject lacks this ability, then the mental state in question is not a belief, though it may be some other kind of cognitive attitude, such as a supposi-tion, an entertained thought, or a pretense. The result is a moderately revisionary (...) view of belief: while most mental states we thought were beliefs are beliefs, some mental states which we thought were beliefs are not beliefs. The argument for this view draws on two key claims: First, subjects are rationally obligated to revise their beliefs in response to relevant counter-evidence. Second, if some subject is rationally obligated to revise one of her mental states, then that subject can revise that mental state, given her current psychological mechanisms and skills. Along the way to defending these claims, I argue that rational obligations can govern activities which reflect on one’s rational character, whether or not those activities are under one’s voluntary control. I also show how the relevant version of epistemic ‘ought’ implies ‘can’ survives an objection which plagues other variants of the principle. (shrink)

In this paper, Charles Mills discusses what he calls “white ignorance”, developing one of the main themes of his 1997 book, The Racial Contract. His discussion is concerned with the idea of a cognitive disadvantage based on membership in a social group, which is not strange to the radical philosophical tradition, and that has been explored with more vigor in the recent Social Epistemology, in debates about epistemic injustices, silencing, willful ignorance, cognitive biases, epistemological standpoints, etc. Mills argues for an (...) “Epistemology of the white ignorance”, a racially and socially situated epistemology, which contraposes itself, in a great extent, to the individualistic tendencies of the traditional epistemological work, while conserving the interests in objectivity and truth of this work. (shrink)

Drawing on findings from the study of prejudice and prejudice reduction, we identify a number of mechanisms through which religious communities may influence the intergroup attitudes of their members. We hypothesize that religious participation could in principle either reduce or promote prejudice with respect to any given target group. A religious community’s influence on intergroup attitudes will depend upon the specific beliefs, attitudes, and practices found within the community, as well as on interactions between the religious community and the larger (...) social environment in which it is embedded. Basing our proposals on findings from the literature on prejudice formation and prejudice reduction allows us to outline useful directions for future studies of religion and prejudice. (shrink)

In this essay, I examine the use of the concept of privilege within the critical theoretical discourse on oppression and liberation. In order to fulfill the rhetorical aims of liberation, concepts for privilege must meet what I term the ‘boundary condition’, which demarcates the boundary between a privileged elite and the rest of society, and the ‘ignorance condition’, which establishes that the elite status and the advantages it confers are not publicly recognised or affirmed. I argue that the dominant use (...) of the concept of privilege cannot fulfill these conditions. As a result, while I do not advocate for the complete abandonment of the rhetoric of privilege, I conclude that it obscures as much as it illuminates, and that the critical theoretical discourse on liberation and oppression should be suspicious of its use. (shrink)

Many philosophers as well as psychologists hold that implicit biases are due to unconscious attitudes. The justification for this unconscious-claim seems to be an inference to the best explanation of the mismatch between explicit and implicit attitudes, which is characteristic for implicit biases. The unconscious-claim has recently come under attack based on its inconsistency with empirical data. Instead, Gawronski et al. (2006) analyze implicit biases based on the so-called Associative-Propositional Evaluation (APE) model, according to which implicit attitudes are phenomenally conscious (...) and accessible. The mismatch between the explicit and the implicit attitude is explained by the Cognitive Inconsistency Approach (CIA) (as I will call it): implicit attitudes are conscious but rejected as basis for explicit judgments because the latter lead to cognitive inconsistency with respect to other beliefs held by the subject. In this paper, I will argue that the CIA is problematic since it cannot account for the fact that implicit attitudes underlying implicit biases typically are unconscious. I will argue that a better explanation of the attitude-mismatch can be given in terms of a Neo-Freudian account of repression. I will develop such an account, and I will show how it can accommodate the merits of the APE model while avoiding the problems of the CIA. (shrink)

Cognitive tests show that identity and symmetry reflect intellect. 'Guess of other guess' creates various symmetries, while only one is right: 'absolute symmetry', which can be outvoted by the majority. Prejudices result from differences between ME (my identity) and others. Unbiased judgement is symmetrical, always in the middle: neither in favor, nor against ME. Intelligence reduces prejudices, but the lack of opportunities can counterbalance it. That's why type of bias differs in various groups: people from war zones, people in therapy, (...) artists, etc.. "The law of values' equity" is a symmetrical principle redefining utility in economics, when people equate all their values. E.g. 2 children averagely rich, is better than one child rich and another poor. If 'a' is an average richness, and 'x' is a difference in richness, and Utility multiplies all values, then: a * a > (a - x) * (a + x), which is: a² > a² - x². It does not however imply egalitarianism, as it is still better to have both children rich than both average or poor. (shrink)

Moral encroachment holds that the epistemic justification of a belief can be affected by moral factors. If the belief might wrong a person or group more evidence is required to justify the belief. Moral encroachment thereby opposes evidentialism, and kindred views, which holds that epistemic justification is determined solely by factors pertaining to evidence and truth. In this essay I explain how beliefs such as ‘that woman is probably an administrative assistant’—based on the evidence that most women employees at the (...) firm are administrative assistants—motivate moral encroachment. I then describe weaknesses of moral encroachment. Finally I explain how we can countenance the moral properties of such beliefs without endorsing moral encroachment, and I argue that the moral status of such beliefs cannot be evaluated independently from the understanding in which they are embedded. (shrink)

The Black Lives Matter movement has called for the abolition of capital punishment in response to what it calls “the war against Black people” and “Black communities.” This article defends the two central contentions in the movement’s abolitionist stance: first, that US capital punishment practices represent a wrong to black communities rather than simply a wrong to particular black capital defendants or particular black victims of murder, and second, that the most defensible remedy for this wrong is the abolition of (...) the death penalty. (shrink)

This paper offers an unorthodox appraisal of empirical research bearing on the question of the low representation of women in philosophy. It contends that fashionable views in the profession concerning implicit bias and stereotype threat are weakly supported, that philosophers often fail to report the empirical work responsibly, and that the standards for evidence are set very low—so long as you take a certain viewpoint.

That philosophy is an outlier in the humanities when it comes to the underrepresentation of women has been the occasion for much discussion about possible effects of subtle forms of prejudice, including implicit bias and stereotype threat. While these ideas have become familiar to the philosophical community, there has only recently been a surge of interest in acquiring field-specific data. This paper adds to quantitative findings bearing on hypotheses about the effects of unconscious prejudice on two important stages along career (...) pathways: tenure-track hiring and early career publishing. (shrink)

In the philosophical literature, self-deception is mainly approached through the analysis of paradoxes. Yet, it is agreed that self-deception is motivated by protection from distress. In this paper, we argue, with the help of findings from cognitive neuroscience and psychology, that self-deception is a type of affective coping. First, we criticize the main solutions to the paradoxes of self-deception. We then present a new approach to self-deception. Self-deception, we argue, involves three appraisals of the distressing evidence: (a) appraisal of the (...) strength of evidence as uncertain, (b) low coping potential and (c) negative anticipation along the lines of Damasio’s somatic marker hypothesis. At the same time, desire impacts the treatment of flattering evidence via dopamine. Our main proposal is that self-deception involves emotional mechanisms provoking a preference for immediate reward despite possible long-term negative repercussions. In the last part, we use this emotional model to revisit the philosophical paradoxes. (shrink)

The overwhelming majority of those who theorize about implicit biases posit that these biases are caused by some sort of association. However, what exactly this claim amounts to is rarely specified. In this paper, I distinguish between different understandings of association, and I argue that the crucial senses of association for elucidating implicit bias are the cognitive structure and mental process senses. A hypothesis is subsequently derived: if associations really underpin implicit biases, then implicit biases should be modulated by counterconditioning (...) or extinction but should not be modulated by rational argumentation or logical interventions. This hypothesis is false; implicit biases are not predicated on any associative structures or associative processes but instead arise because of unconscious propositionally structured beliefs. I conclude by discussing how the case study of implicit bias illuminates problems with popular dual-process models of cognitive architecture. (shrink)

The anglophone philosophy profession has a well-known problem with gender equity. A sig-nificant aspect of the problem is the fact that there are simply so many more male philoso-phers than female philosophers among students and faculty alike. The problem is at its stark-est at the faculty level, where only 22% - 24% of philosophers are female in the United States (Van Camp 2014), the United Kingdom (Beebee & Saul 2011) and Australia (Goddard 2008).<1> While this is a result of the (...) percentage of women declining at each point through-out the standard career trajectory, recent large-scale studies in the United States (Paxton et al. 2012) and Australia (Goddard et al. 2008) have identified a key drop-off point as the transi-tion between taking introductory classes and majoring in philosophy. So why do dispropor-tionately few female students choose to major in philosophy? (shrink)

Many of the commentators—let’s ignore their sex for the moment—suggested including women in the Feyerabend conference. Then the question was raised, “but are they of the right quality, status, rank?” That is, do they bring down the average quality of the conference in virtue of their being of inferior status, or, in Vincenzo Politi’s words, not “someone whose work is both relevant to the topic of the conference and also as widely recognized as the work of the invited speakers” (HOPOS-L (...) archive, “CFP: Feyerabend Conference,” Tuesday, July 17, 2012, 14:57:20)? It is extremely important that such a discussion of quality, status, and rank recognize the scourge of evaluation bias and its long-term and pervasive consequences. One well-designed study this past year, published by the National Academy of Sciences, established prominent evaluation bias among both male and female science faculty in their evaluations of a student applying for a managerial job, who was randomly assigned either a male or a female name (Moss-Racusin et al. 2012). These professors examined the qualifications of the students and decided whether to hire them, what salary to give them, and whether to mentor themand howmuch to do so.The resultswere that both male and female scientists hired more men, gave them higher salaries, and offered more mentoring to them, even though themale applications were identical to the female applications. When probed about their reasons for not hiring or mentoring the female applicants, the professors explained that they based their decisions on the inferior competence of the applicant: the female applicants were perceived as less competent by all professors (with identical applications between males and females). This is what “evaluation bias” looks like, and it has been established in many, many contexts since the 1970s—this is only the most recent. (shrink)

Why is there female under-representation among philosophy majors? We survey the hypotheses that have been proposed so far, grouping similar hypotheses together. We then propose a chronological taxonomy that distinguishes hypotheses according to the stage in undergraduates’ careers at which the hypotheses predict an increase in female under-representation. We then survey the empirical evidence for and against various hypotheses. We end by suggesting future avenues for research.

Over the course of her career, Jean Harvey argued that as agents engaged in a “life of moral endeavor,” we should understand ourselves and others to be moral works in progress, always possessing the potential to grow beyond and become more than the sum of our past wrongs. In this paper I follow Harvey and argue that in order to live a life of moral endeavor, it is not enough merely to know about injustice. Instead, we must engage in the (...) difficult and often painful task of overcoming deep-seated cognitive biases that cause us to fail to perceive the ubiquitous injustice that pervades our world. I conclude by arguing that education, empathy, and love can each help us to increase our perceptual awareness of injustice and so should be recognized to be crucial parts of a life of moral endeavor. (shrink)

Recent work in the behavioral sciences asserts that we are subject to a variety of cognitive biases. For example, we mourn losses more than we prize equivalently sized gains; we are more inclined to believe something if it matches our previous beliefs; and we even relate more warmly or coldly to others depending on whether the coffee cup we are holding is warm or cold. Drawing on this work, case law and legal scholarship have asserted that we have reason to (...) select legal norms, or revise existing norms, so as to eliminate the influence of these and other cognitive biases. -/- In this Article, I critically evaluate whether and when this reaction is warranted. I begin by contrasting predominantly descriptive definitions of bias, on which bias is merely deviation from a predictive model, with prescriptive definition of bias, on which biased conduct is conduct that actors ought not do. I then similarly contrast the behavioral-scientific concepts of statistical significance and effect size with the concept of significance required to justify legal conclusions. -/- With this apparatus in place, I go on to consider a variety of examples where legal commentators and decisionmakers have worried about the effects of cognitive bias on law. I argue that many of these cognitive biases (for example, our aversion to losses), while reflecting deviations from behavioral scientists’ models of human behavior, are not normatively objectionable and so give us no reason to revise our legal norms to eliminate their effect. Others (e.g., the effect of judges’ hunger on their decisionmaking), however, constitute biases under both descriptive and prescriptive definitions and therefore give us good reason to revise our legal norms. -/- I conclude by contrasting my conclusion — that evaluation of cognitive biases’ legal significance must explicitly evaluate the normative arguments for and against the model of decisionmaking in question on a case-by-case basis — with the arguments of influential scientists and legal commentators like Daniel Kahneman and John Mikhail, who treat cognitive heuristics and biases as more broadly desirable or objectionable. (shrink)

I offer a new argument for the elimination of ‘beliefs’ from cognitive science based on Wimsatt’s concept of robustness and a related concept of fragility. Theoretical entities are robust if multiple independent means of measurement produce invariant results in detecting them. Theoretical entities are fragile when multiple independent means of detecting them produce highly variant results. I argue that sufficiently fragile theoretical entities do not exist. Recent studies in psychology show radical variance between what self-report and non-verbal behaviour indicate about (...) participants’ beliefs. This is evidence that ‘belief’ is fragile, and is thus a strong candidate for elimination. 1 Introduction2 Robustness and Fragility2.1 A historical example of robustness2.2 Fragility and elimination3 The Received View4 Evidence for the Fragility of Belief4.1 Contamination and fragility4.2 Implicit association tests and fragility5 Attempts to Preserve the Belief Category for Cognitive Science5.1 Beliefs and aliefs5.2 Contradictory beliefs5.3 In-between beliefs and the unity assumption5.4 Belief sub-classes5.5 Self-deception6 Alternative Mental States7 Conclusion. (shrink)

The low representation (< 30%) of women in philosophy in English-speaking countries has generated much discussion, both in academic circles and the public sphere. It is sometimes suggested (Haslanger 2009) that unconscious biases, acting at every level in the field, may be grounded in gendered schemas of philosophers and in the discipline more widely, and that actions to make philosophy a more welcoming place for women should address such schemas. However, existing data are too limited to fully warrant such an (...) explanation, which therefore will not satisfy those in favor of the status quo or those who argue against the need to address gender imbalance. In this paper, we propose measures to improve the profession that ought to be implemented without referring explicitly to this underrepresentation or to the climate for women and other underrepresented groups. Such recommendations are based on empirical research already carried out in other disciplines and do not rest on whether it is possible to identify the cause of this low representation. We argue that we need not wait for new or better data to ensure that fairer practices are enacted for women, other underrepresented groups, and everybody else, if only out of precaution. (shrink)

This is a compilations of short talks presented at a workshop held at Harvard in April 14 on the life of analytic philosophy today in Spanish. Authors include Susanna Siegel, Diana Acosta and Patricia Marechal, Diana Perez, Laura Pérez, and Josefa Toribio.

Philosophers who have written about implicit bias have claimed or implied that individuals are not responsible, and therefore not blameworthy, for their implicit biases, and that this is a function of the nature of implicit bias as implicit: below the radar of conscious reflection, out of the control of the deliberating agent, and not rationally revisable in the way many of our reflective beliefs are. I argue that close attention to the findings of empirical psychology, and to the conditions for (...) blameworthiness, does not support these claims. I suggest that the arguments for the claim that individuals are not liable for blame are invalid, and that there is some reason to suppose that individuals are, at least sometimes, liable to blame for the extent to which they are influenced in behaviour and judgment by implicit biases. I also argue against the claim that it is counter-productive to see bias as something for which individuals are blameworthy; rather, understanding implicit bias as something for which we are liable to blame could be constructive. (shrink)

Recent work in social psychology suggests that people harbor “implicit race biases,” biases which can be unconscious or uncontrollable. Because awareness and control have traditionally been deemed necessary for the ascription of moral responsibility, implicit biases present a unique challenge: do we pardon discrimination based on implicit biases because of its unintentional nature, or do we punish discrimination regardless of how it comes about? The present experiments investigated the impact such theories have upon moral judgments about racial discrimination. The results (...) show that different theories differ in their impact on moral judgments: when implicit biases are defined as unconscious, people hold the biased agent less morally responsible than when these biases are defined as automatic (i.e., difficult to control), or when no theory of implicit bias is provided. (shrink)