Despite the attention equality before the law has received, both laudatory and critical, peculiarly little has been done to precisely define it. The first ambition of this paper is to remedy this, by exploring the various ways in which a principle of equality before the law can be understood and suggest a concise definition. With a clearer understanding of the principle in hand we are better equipped to assess traditional critique of the principle. Doing so is the second ambition of (...) this paper. I will argue that traditional criticisms are unpersuasive, but that there is a different, powerful argument against equality before the law. The third ambition of the paper is to argue that there is a sense, overlooked by both proponents and critics, in which the principle still captures something important, albeit at the cost of shifting from intrinsic to instrumental value. (shrink)

Philosophers and psychologists have long worried that the human tendency to anthropomorphize leads us to err in our understanding of nonhuman minds. This tendency, which I call intuitive anthropomorphism, is a heuristic used by our unconscious folk psychology to understand nonhuman animals. The dominant understanding of intuitive anthropomorphism underestimates its complexity. If we want to understand and control intuitive anthropomorphism, we must treat it as a cognitive bias and look to the empirical evidence. This evidence suggests that the most common (...) control for intuitive anthropomorphism, Morgan’s Canon, should be rejected, while others are incomplete. It also suggests new approaches. (shrink)

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)

Algorithmic discrimination has rapidly become a topic of intense public and academic interest. This article explores three issues raised by algorithmic discrimination: 1) the distinction between direct and indirect discrimination, 2) the notion of disadvantageous treatment, and 3) the moral badness of discriminatory automated decision-making. It argues that some conventional distinctions between direct and indirect discrimination appear not to apply to algorithmic discrimination, that algorithmic discrimination may often be discrimination between groups, as opposed to against groups, and that it is (...) not necessarily the case that morally bad algorithmic discrimination gives us reason to not use automated decision-making. For each of the three issues, the article explores implications for algorithmic discrimination, suggests some alternative answers, and clarifies how we may want to think of discrimination more broadly in light of lessons drawn from the context of algorithmic discrimination. (shrink)

According to instrumental proceduralism, political power is justified when it is the output of a reliable procedure. In this paper, I examine how procedures are supposed to confer normative properties. Based on this assessment, I conclude that many proceduralists set the reliability bar too low. Next, I motivate two additional requirements for instrumental procedures. I introduce the notion of “predictable” procedural failure and argue that in order for a procedure to confer legitimacy or other normative properties on its output, it (...) must not have failed predictably. Finally, I argue that even when procedures are highly reliable, it must not be the case that their failures fall disproportionately on certain people. The goal is to develop an instrumental proceduralism that is more sensitive to the failures of real institutions. (shrink)

Recent years have seen a surge of interest in implicit bias. Driving this concern is the thesis, apparently established by tests such as the IAT, that people who hold egalitarian explicit attitudes and beliefs, are often influenced by implicit mental processes that operate independently from, and are largely insensitive to, their explicit attitudes. We argue that implicit bias testing in social and empirical psychology does not, and without a fundamental shift in focus could not, establish this startling thesis. We suggest (...) that implicit bias research has been conducted in light of inadequate theories of racism and sexism. As a result, such testing has not sufficiently controlled for subjects’ prejudiced explicit beliefs and emotions, and has not ruled out the possibility that explicit prejudice best explains test subjects’ discriminatory associations and behavior. (shrink)

This paper responds to the Radical Behavioral Challenge to normative business ethics. According to RBC, recent research on bounded ethicality shows that it is psychologically impossible for people to follow the prescriptions of normative business ethics. Thus, said prescriptions run afoul of the principle that nobody has an obligation to do something that they cannot do. I show that the only explicit response to this challenge in the business ethics literature is flawed because it limits normative business ethics to condemning (...) practitioners’ behavior without providing usable suggestions for how to do better. I argue that a more satisfying response is to, first, recognize that most obligations in business are wide-scope which, second, implies that there are multiple ways of fulfilling them. This provides a solid theoretical grounding for the increasingly popular view that we have obligations to erect institutional safeguards when bounded ethicality is likely to interfere with our ability to do what is right. I conclude with examples of such safeguards and some advice on how to use the research findings on bounded ethicality in designing ethical business organizations. (shrink)

This paper discusses the possible use of functional magnetic-resonance imaging as potentially useful in jury selection. The author suggests that neuro-voir could provide greater impartiality of trials than the standard voir, while also preserving existing privacy protections for jurors. He predicts that ability to image and understand a wide range of brain activities, most notably bias-apprehension and lie detection, will render neuro-voir dire invaluable. However currently, such neuro-solutions remain preliminary.

The “beyond a reasonable doubt” standard of proof, currently used in criminal trials, is notoriously vague and undermotivated. This paper discusses two popular strategies for justifying our choice of a particular precise interpretation of the standard: the “ratio-to-standard strategy” identifies a desired ratio of trial outcomes and then argues that a certain standard is the one that we can expect to produce our desired ratio, while the “utilities-to-standard strategy” identifies utilities for trial outcomes and then argues that a certain standard (...) maximizes expected utility. I argue that both strategies fail on their own terms, by requiring us to perform calculations that we simply cannot perform. No version of either strategy can be performed by jurors or legislators in our actual epistemic position, in which, since we do not know which of the defendants in our trial system are genuinely innocent and which are genuinely guilty, we cannot determine the extent to which our trial system tends to produce evidence that misleadingly incriminates the innocent or misleadingly exonerates the guilty. But we would need to determine this in order to perform the calculations required by any possible version of the ratio-to-standard or utilities-to-standard strategies. I then suggest some empirical reasons to be pessimistic about the evidence produced by our actual trial system. The upshot is that the “beyond a reasonable doubt” standard lacks a clear interpretation and rationale, nor do we have a promising way to identify an alternative. This is the trouble with standards of proof. (shrink)

Sports referees are not always as unbiased or impartial as they ideally should be. Studies have shown, for example, that in their decisions, referees seem to be biased against people of different r...

Although ads with subtle racist imagery can reinforce negative stereotypes, advertisers can eliminate this problem. After a brief overview of predominantly U.S.-based research on the racial mix of models/actors in ads, a theoretical framework for unmasking subtle racial bias is provided and dimensional qualitative research is introduced as a method for identifying and rectifying such ad imagery. Results of a DQR-based study of 622 U.K. television ads with at least one Black actor indicate subtle racially biased imagery now supersedes overt (...) forms, and the most popular ad appeals often mask negative stereotypes. Implications for public policy and advertisers, as well as recommendations for future research, are discussed. (shrink)