Important to Kuhn's account of scientific change is the observation that when paradigms are in competition with one another, there is a curious breakdown of rational argument and communication between adherents of competing programs. He attributed this to the fact that competing paradigms are incommensurable. The incommensurability thesis centrally involves the claim that there is a deep conceptual gap between competing paradigms in science. In this paper I argue that in one important case of competing paradigms, the Aristotelian explanation of (...) the properties of bodies in terms of matter and form as opposed to the Cartesian mechanist paradigm, where the properties of bodies are explained on the model of machines, there was no such conceptual gap: the notion of a machine was as fully intelligible on the Aristotelian paradigm as it was on the Cartesian. But this does not mean that the debate between the two sides was conducted on purely rational terms. Rational argument breaks down not because of Kuhnian incommensurability, I argue, but because of other cultural factors separating the two camps. (shrink)

Social constructionism is often considered a form of anti-realism. But in contemporary feminist philosophy, an increasing number of philosophers defend views that are well-described as both realist and social constructionist. In this paper, I use the work of Sally Haslanger as an example of realist social constructionism. I argue: that Haslanger is best interpreted as defending metaphysical realism about social structures; that this type of metaphysical realism about the social world presents challenges to some popular ways of understanding metaphysical realism.

Epistemic permissivism is the thesis that the evidence can rationally permit more than one attitude toward a proposition. Pascal’s wager is the idea that one ought to believe in God for practical reasons, because of what one can gain if theism is true and what one has to lose if theism is false. In this paper, I argue that if epistemic permissivism is true, then the defender of Pascal’s wager has powerful responses to two prominent objections. First, I argue that (...) if permissivism is true, then permissivism is true about theistic belief. Second, I show how epistemic permissivism about theistic belief dispels two objections to Pascal’s wager: the objection that wagering is impossible, and the objection that wagering is epistemically impermissible. (shrink)

I explore how rational belief and rational credence relate to evidence. I begin by looking at three cases where rational belief and credence seem to respond differently to evidence: cases of naked statistical evidence, lotteries, and hedged assertions. I consider an explanation for these cases, namely, that one ought not form beliefs on the basis of statistical evidence alone, and raise worries for this view. Then, I suggest another view that explains how belief and credence relate to evidence. My view (...) focuses on the possibilities that the evidence makes salient. I argue that this makes better sense of the difference between rational credence and rational belief than other accounts. (shrink)

In this paper, I argue that the relationship between belief and credence is a central question in epistemology. This is because the belief-credence relationship has significant implications for a number of current epistemological issues. I focus on five controversies: permissivism, disagreement, pragmatic encroachment, doxastic voluntarism, and the relationship between doxastic attitudes and prudential rationality. I argue that each debate is constrained in particular ways, depending on whether the relevant attitude is belief or credence. This means that epistemologists should pay attention (...) to whether they are framing questions in terms of belief or in terms of credence and the success or failure of a reductionist project in the belief-credence realm has significant implications for epistemology generally. (shrink)

Belief-credence dualism is the view that we have both beliefs and credences and neither attitude is reducible to the other. Pragmatic encroachment is the view that practical stakes can affect the epistemic rationality of states like knowledge or justified belief. In this paper, I argue that dualism offers a unique explanation of pragmatic encroachment cases. First, I explain pragmatic encroachment and what motivates it. Then, I explain dualism and outline a particular argument for dualism. Finally, I show how dualism can (...) explain the intuitions that underlie pragmatic encroachment. My basic proposal is that in high-stakes cases, it is not that one cannot rationally believe that p; instead, one ought not to rely on one's belief that p. One should rather rely on one's credence in p. I conclude that we need not commit ourselves to pragmatic encroachment in order to explain the intuitiveness of the cases that motivate it. (shrink)

Much of the literature on the relationship between belief and credence has focused on the reduction question: that is, whether either belief or credence reduces to the other. This debate, while important, only scratches the surface of the belief-credence connection. Even on the anti-reductive dualist view, belief and credence could still be very tightly connected. Here, I explore questions about the belief-credence connection that go beyond reduction. This paper is dedicated to what I call the independence question: just how independent (...) are belief and credence? I look at this question from two angles: a descriptive one (as a psychological matter, how much can belief and credence come apart?) and a normative one (for a rational person, how closely connected are belief and credence?) Ultimately, I suggest that the two attitudes are more independent than one might think. (shrink)

Faith is a trusting commitment to someone or something. Faith helps us meet our goals, keeps our relationships secure, and enables us to retain our commitments over time. Faith is thus a central part of a flourishing life. -/- This article is about the philosophy of faith. There are many philosophical questions about faith, such as: What is faith? What are its main components or features? What are the different kinds of faith? What is the relationship between faith and other (...) similar states, such as belief, trust, knowledge, desire, doubt, and hope? Can faith be epistemically rational? Practically rational? Morally permissible? -/- This article addresses these questions. It is divided into three main parts. The first is about the nature of faith. This includes different kinds of faith and various features of faith. The second discusses the way that faith relates to other states. For example, what is the difference between faith and hope? Can someone have faith that something is true even if they do not believe it is true? The third discusses three ways we might evaluate faith: epistemically, practically, and morally. While faith is not always rational or permissible, this section covers when and how it can be. The idea of faith as a virtue is also discussed. (shrink)

What gender are you? And in virtue of what? These are questions of gender categorization. Such questions are increasingly at the core of many contemporary debat.

A question of recent interest in epistemology and philosophy of mind is how belief and credence relate to each other. A number of philosophers argue for a belief-first view of the relationship between belief and credence. On the belief-first view, what it is to have a credence just is to have a particular kind of belief, that is, a belief whose content involves probabilities or epistemic modals. Here, I argue against the belief-first view: specifically, I argue that it cannot account (...) for agents who have credences in propositions they barely comprehend. I conclude that, however credences differ from beliefs, they do not differ in virtue of adding additional content to the believed proposition. (shrink)

Guy Kahane and Julian Savulescu respond to my paper “Valuing Disability, Causing Disability” by arguing that my assessment of objections to the mere-difference view of disability is unconvincing and fails to explain their conviction that it is impermissible to cause disability. In reply, I argue that their response misconstrues, somewhat radically, both what I say in my paper and the commitments of the mere-difference view more generally. It also fails to adequately appreciate the unique epistemic factors present in philosophical discussions (...) of disability. (shrink)

Sometimes epistemologists theorize about belief, a tripartite attitude on which one can believe, withhold belief, or disbelieve a proposition. In other cases, epistemologists theorize about credence, a fine-grained attitude that represents one’s subjective probability or confidence level toward a proposition. How do these two attitudes relate to each other? This article explores the relationship between belief and credence in two categories: descriptive and normative. It then explains the broader significance of the belief-credence connection and concludes with general lessons from the (...) debate thus far. (shrink)

Philosophical theories of gender are typically understood as theories of what it is to be a woman, a man, a nonbinary person, and so on. In this paper, I argue that this is a mistake. There’s good reason to suppose that our best philosophical theory of gender might not directly match up to or give the extensions of ordinary gender categories like ‘woman’.

Permissivism is the thesis that, for some body of evidence and a proposition p, there is more than one rational doxastic attitude any agent with that evidence can take toward p. Proponents of uniqueness deny permissivism, maintaining that every body of evidence always determines a single rational doxastic attitude. In this paper, we explore the debate between permissivism and uniqueness about evidence, outlining some of the major arguments on each side. We then consider how permissivism can be understood as an (...) underdetermination thesis, and show how this moves the debate forward in fruitful ways: in distinguishing between different types of permissivism, in dispelling classic objections to permissivism, and in shedding light on the relationship between permissivism and evidentialism. (shrink)

When are we obligated to believe someone? To what extent are people authorities about their own experiences? What kind of harm might we enact when we doubt? Questions like these lie at the heart of many debates in social and feminist epistemology, and they’re the driving issue behind a key conceptual framework in these debates—gaslighting. But while the concept of gaslighting has provided fruitful insight, it's also proven somewhat difficult to adjudicate, and seems prone to over-application. In what follows, I (...) argue that Katherine Hawley's theory of trust can provide a useful alternative lens for looking at contested testimony. To do this, I focus on a particularly complex—but increasingly popular—application of gaslighting: the physician/patient relationship, and the idea of ‘medical gaslighting’. I argue that, even though patients can experience harm when they are disbelieved, there are nevertheless good reasons for physicians not to trust patients about at least some of their own narratives. (shrink)

I defend belief-credence dualism, the view that we have both beliefs and credences and both attitudes are equally fundamental. First, I explain belief, credence, and three views on their relationship. Then, I argue for dualism. I do so first by painting a picture of the mind on which belief and credence are two cognitive tools that we use for different purposes. Finally, I respond to two objections to dualism. I conclude that dualism is a promising view, and one that both (...) epistemologists and philosophers of mind should take seriously. (shrink)

Permissivism is the view that there are evidential situations that rationally permit more than one attitude toward a proposition. In this paper, I argue for Intrapersonal Belief Permissivism (IaBP): that there are evidential situations in which a single agent can rationally adopt more than one belief-attitude toward a proposition. I give two positive arguments for IaBP; the first involves epistemic supererogation and the second involves doubt. Then, I should how these arguments give intrapersonal permissivists a distinct response to the toggling (...) objection. I conclude that IaBP is a view that philosophers should take seriously. (shrink)

Metaphysical orthodoxy maintains that the relation of ontological dependence is irreflexive, asymmetric, and transitive. The goal of this paper is to challenge that orthodoxy by arguing that ontological dependence should be understood as non- symmetric, rather than asymmetric. If we give up the asymmetry of dependence, interesting things follow for what we can say about metaphysical explanation— particularly for the prospects of explanatory holism.

If the world itself is metaphysically indeterminate in a specified respect, what follows? In this paper, we develop a theory of metaphysical indeterminacy answering this question.

This paper examines whether atheists, who believe that God does not exist, can have faith. Of course, atheists have certain kinds of faith: faith in their friends, faith in certain ideals, and faith in themselves. However, the question we’ll examine is whether atheists can have theistic faith: faith that God exists. Philosophers tend to fall on one of two extremes on this question: some, like Dan Howard-Snyder (2019) and Imran Aijaz (2023), say unequivocally no; others, like Robert Whitaker (2019) and (...) Sam Lebens (2023), say unequivocally yes. Here, I take a middle position: I argue that atheists can have action-focused theistic faith (faith in how they act) but not attitude-focused theistic faith (faith in what attitudes they have). (shrink)

Elizabeth Schechter explores the implications of the experience of people who have had the pathway between the two hemispheres of their brain severed, and argues that there are in fact two minds, subjects of experience, and intentional agents inside each split-brain human being: right and left. But each split-brain subject is still one of us.

Traditional theistic arguments conclude that God exists. Pragmatic theistic arguments, by contrast, conclude that you ought to believe in God. The two most famous pragmatic theistic arguments are put forth by Blaise Pascal (1662) and William James (1896). Pragmatic arguments for theism can be summarized as follows: believing in God has significant benefits, and these benefits aren’t available for the unbeliever. Thus, you should believe in, or ‘wager on’, God. This article distinguishes between various kinds of theistic wagers, including finite (...) vs. infinite wagers, premortem vs. postmortem wagers, and doxastic vs. acceptance wagers. Then, we’ll turn to the epistemic-pragmatic distinction, and discusses the nuances of James’ argument, and how views like epistemic permissivism and epistemic consequentialism provide unique “hybrid” wagers. Finally, we’ll cover outstanding objections and responses. (shrink)

We call attention to certain cases of epistemic akrasia, arguing that they support belief-credence dualism. Belief-credence dualism is the view that belief and credence are irreducible, equally fundamental attitudes. Consider the case of an agent who believes p, has low credence in p, and thus believes that they shouldn’t believe p. We argue that dualists, as opposed to belief-firsters (who say credence reduces to belief) and credence-firsters (who say belief reduces to credence) can best explain features of akratic cases, including (...) the observation that akratic beliefs seem to be held despite possessing a defeater for those beliefs, and that, in akratic cases, one can simultaneously believe and have low confidence in the very same proposition. (shrink)

I examine three attitudes: belief, faith, and hope. I argue that all three attitudes play the same role in rationalizing action. First, I explain two models of rational action—the decision-theory model and the belief-desire model. Both models entail there are two components of rational action: an epistemic component and a conative component. Then, using this framework, I show how belief, faith, and hope that p can all make it rational to accept, or act as if, p. I conclude by showing (...) how my picture can explain how action-oriented commitments can be rational over time, both in the face of counterevidence and in the face of waning affections. (shrink)

What attitude should philosophers take toward their favorite philosophical theories? I argue that the answer is belief and middling to low credence. I begin by discussing why disagreement has motivated the view that we cannot rationally believe our philosophical theories. Then, I show why considerations from disagreement actually better support my view. I provide two additional arguments for my view: the first concerns roles for belief and credence and the second explains why believing one’s philosophical theories is superior to accepting (...) them. I close by addressing objections, including implications my view has for the Lockean thesis, the view that there is a normative connection between belief and high credence. (shrink)

Pascal’s wager is unique among theistic arguments. It does not aim to establish that God exists but instead concludes that you ought to believe in, or wager on, God. In this chapter, I provide an overview of Pascal’s wager and discuss different approaches to the wager. Then, I consider how to motivate a wager for Christianity in particular. I also address common Christian objections to the wager. Finally, I cover the practical importance of Pascal’s wager for both Christians and non-Christians.

This chapter defends the account of metaphysical indeterminacy of Barnes and Williams against Eklund's objections.

Radical moral encroachment is the view that belief itself is morally evaluable, and that some moral properties of belief itself make a difference to epistemic rationality. To date, almost all proponents of radical moral encroachment hold to an asymmetry thesis: the moral encroaches on rational belief, but not on rational credence. In this paper, we argue against the asymmetry thesis; we show that, insofar as one accepts the most prominent arguments for radical moral encroachment on belief, one should likewise accept (...) radical moral encroachment on credence. We outline and reject potential attempts to establish a basis for asymmetry between the attitude types. Then, we explore the merits and demerits of the two available responses to our symmetry claim: (i) embracing moral encroachment on credence and (ii) denying moral encroachment on belief. (shrink)

Many evidentialists are impermissivists. But there’s no in-principle reason for this. In this paper, I examine and motivate permissivist evidentialism. Not only are permissivism and evidentialism compatible but there are unique benefits that arise for this combination of views. In particular, permissivist evidentialism respects the importance of evidence while capturing its limitations and provides a plausible and attractive explanation of the relationship between the epistemic and non-epistemic. Permissivist evidentialism is thus an attractive option in logical space that hasn’t received enough (...) attention. (shrink)

Credences are similar to levels of confidence, represented as a value on the [0,1] interval. This chapter sheds light on questions about credence, including its relationship to full belief, with an eye toward the empirical relevance of credence. First, I’ll provide a brief epistemological history of credence and lay out some of the main theories of the nature of credence. Then, I’ll provide an overview of the main views on how credences relate to full beliefs. Finally, I’ll turn to the (...) empirical, and suggest some ways that cognitive science does and could answer questions about credence, such as what credences one has, how credences relate to beliefs, and the extent to which we can control our credences. (shrink)

This guide accompanies the following article(s): Jackson, E., Philosophy Compass 15/6 (2020) pp. 1-13 10.1111/phc3.12668.x.

David Lewis is a natural target for those who believe that findings in quantum physics threaten the tenability of traditional metaphysical reductionism. Such philosophers point to allegedly holistic entities they take both to be the subjects of some claims of quantum mechanics and to be incompatible with Lewisian metaphysics. According to one popular argument, the non-separability argument from quantum entanglement, any realist interpretation of quantum theory is straightforwardly inconsistent with the reductive conviction that the complete physical state of the world (...) supervenes on the intrinsic properties of and spatio-temporal relations between its point-sized constituents. Here I defend Lewis's metaphysical doctrine, and traditional reductionism more generally, against this alleged threat from quantum holism. After presenting the non-separability argument from entanglement, I show that Bohmian mechanics, an interpretation of quantum mechanics explicitly recognized as a realist one by proponents of the non-separability argument, plausibly rejects a key premise of that argument. Another holistic worry for Humeanism persists, however, the trouble being the apparently holistic character of the Bohmian pilot wave. I present a Humean strategy for addressing the holistic threat from the pilot wave by drawing on resources from the Humean best system account of laws. (shrink)

The literature on faith has largely focused on the relationship between faith and belief, specifically the question: does faith entail belief? At the same time, it’s also widely held that faith involves a desire or pro-attitude, but more attention has been paid to the specifics of faith’s doxastic component than to faith’s affective component. This paper focuses on the relationship between faith and desire. I’ll argue that faith is weakly positive: while faith may not always involve a flat-out desire, faith (...) necessarily involves a positive desire-like attitude. (shrink)

I examine the relationship between taking Pascal’s wager, faith, and hope. First, I argue that many who take Pascal’s wager have genuine faith that God exists. The person of faith and the wagerer have several things in common, including a commitment to God and positive cognitive and conative attitudes toward God’s existence. If one’s credences in theism are too low to have faith, I argue that the wagerer can still hope that God exists, another commitment-justifying theological virtue. I conclude with (...) two upshots of the argument, including how it provides responses to common objections to Pascal’s wager. (shrink)

The current rise of neurodevelopmental disorders poses a critical need to detect risk early in order to rapidly intervene. One of the tools pediatricians use to track development is the standard growth chart. The growth charts are somewhat limited in predicting possible neurodevelopmental issues. They rely on linear models and assumptions of normality for physical growth data – obscuring key statistical information about possible neurodevelopmental risk in growth data that actually has accelerated, non-linear rates-of-change and variability encompassing skewed distributions. Here, (...) we use new analytics to profile growth data from 36 newborn babies that were tracked longitudinally for 5 months. By switching to incremental (velocity-based) growth charts and combining these dynamic changes with underlying fluctuations in motor performance – as the transition from spontaneous random noise to a systematic signal – we demonstrate a method to detect very early stunting in the development of voluntary neuromotor control and to flag risk of neurodevelopmental derail. (shrink)

In this article, I argue that faith’s going beyond the evidence need not compromise faith’s epistemic rationality. First, I explain how some of the recent literature on belief and credence points to a distinction between what I call B-evidence and C-evidence. Then, I apply this distinction to rational faith. I argue that if faith is more sensitive to B-evidence than to C-evidence, faith can go beyond the evidence and still be epistemically rational.

Many think that Pascal’s Wager is a hopeless failure. A primary reason for this is because a number of challenging objections have been raised to the wager, including the “many gods” objection and the “mixed strategy” objection. We argue that both objections are formal, but not substantive, problems for the wager, and that they both fail for the same reason. We then respond to additional objections to the wager. We show how a version of Pascalian reasoning succeeds, giving us a (...) reason to pay special attention to the infinite consequences of our actions. (shrink)

Contemporary literature criticises a necessary link between empathy and actions that demonstrate genuine moral worth. If there is such a necessary link, many argue, it must come in the developmental stages of our moral capacities, rather than being found in the mental states that make up our motivating reasons. This paper goes against that trend, arguing that critics have not considered how wide-ranging the mental states are that make up a person’s reasons. In particular, it argues that empathy can play (...) a role in moral motivation when it is to some extent unconscious or it occurs far prior to the moral action itself. (shrink)

Morality, according to some theories, demands a lot of us. One way to defend such demanding moral theories is through an appeal to the division of normativity; on this picture, morality is only one of the normative domains that guides us, so it should be expected that we often fail to follow that guidance. This paper defends the division of normativity as a response to demandingness objections against an alternative: moral rationalism. It does this by addressing and refuting three arguments: (...) the argument from blameworthiness, the argument from agency, and the argument from authority. In turn, I show that none of these arguments work as responses to the division of normativity – if normativity generally is divided, so too must be blameworthiness, agency, and authority. (shrink)

In Unsettled Thoughts, Julia Staffel argues that non-ideal thinkers should seek to approximate ideal Bayesian rationality. She argues that the more rational you are, the more benefits of rationality you will enjoy. After summarizing Staffel's main results, this paper looks more closely at two issues that arise later in the book: the relationship between Bayesian rationality and other kinds of rationality, and the role that outright belief plays in addition to credence. Ultimately, I argue that there are several roles that (...) outright belief might play, and I explore different ways that these roles for belief might fit together. (shrink)

For Humean atomists, cosmic contents supervene on a spatiotemporal mosaic of modally insulated, freely recombinable local qualities. One piecemeal subspecies of Humean atomism promises more than global supervenience—somehow or other—on a separable base; it constrains how exactly elemental inputs yield everything else. Roughly, the distribution of basic local qualities across elements in one part of our cosmos metaphysically suffices for the complete local physical state of that part: anything sharing this part’s basic elemental decoration should share its more complete contents, (...) regardless of what may be happening elsewhere. On a non-piecemeal alternative, derivative contents can be recognizably local to, or manifest within, one part of our cosmos while reflecting some more global elemental base. To develop this alternative, non-piecemeal Humeans can borrow inspiration from some critics of Humean supervenience, who already distinguish a broader notion of locality from strict Humean intrinsicality. (shrink)

In a recent paper, Barry Loewer attempts to defend Humeanism about laws of nature from a charge that Humean laws are not adequately explanatory. Central to his defense is a distinction between metaphysical and scientific explanations: even if Humeans cannot offer further metaphysical explanations of particular features of their “mosaic,” that does not preclude them from offering scientific explanations of these features. According to Marc Lange, however, Loewer’s distinction is of no avail. Defending a transitivity principle linking scientific explanantia to (...) their metaphysical grounds, Lange argues that a charge of explanatory inadequacy resurfaces once this intuitive principle is in place. This paper surveys, on behalf of the Humean, three strategies for responding to Lange’s criticism. The ready availability of these strategies suggests that Lange’s argument may not bolster anti-Humean convictions, since the argument rests on premises that those not antecedently sharing these convictions may well reject. The three strategies also correspond to three interesting ways of thinking about relations of grounding linking Humean laws and their instances, all of which are consistent with theses of Humean supervenience, and some of which have been heretofore overlooked. (shrink)

El argumento de la subdeterminación establece que las personas de ciencia pueden utilizar valores políticos para orientar la investigación, pero no proporciona criterios para distinguir entre una orientación legítima y una ilegítima. Este artículo provee tales criterios. El análisis de los confusos argumentos contra la ciencia cargada de valores revela el criterio fundamental de la orientación ilegítima: cuando los juicios de valor operan orientando la investigación a una conclusión predeterminada. Un estudio de caso de la investigación feminista sobre el divorcio (...) revela numerosas formas legítimas en que los valores pueden orientar a la ciencia sin vulnerar este criterio. (shrink)

In this article, I argue that mass incarceration belongs to a category of social status interventions by which the modern state either withholds the ordinary protections and benefits of the law from outlawed groups or subjects them to private punishment based on their mere membership in those groups. In the US these groups include immigrants and resident Latinos, the homeless, the poor and poor blacks, sex workers, and ex-convicts. Outlawry is a fundamentally anti-democratic practice that cannot be justified in terms (...) of deterrence and is incompatible with public safety. (shrink)

This book is devoted to applied ethics. We focus on six popular and controversial topics: abortion, the environment, animals, poverty, punishment, and disability. We cover three chapters per topic, and each chapter is devoted to a famous or influential argument on the topic. After we present an influential argument, we then consider objections to the argument, and replies to the objections. The book is impartial, and set up in order to equip the reader to make up her own mind about (...) the controversial topics covered. (shrink)

Although much has been written about divine knowledge, and some on divine beliefs, virtually nothing has been written about divine credences. In this essay we comparatively assess four views on divine credences: (1) God has only beliefs, not credences; (2) God has both beliefs and credences; (3) God has only credences, not beliefs; and (4) God has neither credences nor beliefs, only knowledge. We weigh the costs and benefits of these four views and draw connections to current discussions in philosophical (...) theology. (shrink)

Plato’s Timaeus reveals a cosmos governed by Necessity and Intellect; commentators have debated the relationship between them. Non-literalists hold that the demiurge, having carte blanche in taming Necessity, is omnipotent. But this omnipotence, alongside the attributes of benevolence and omniscience, creates problems when non-literalists address the problem of evil. We take the demiurge rather as limited by Necessity. This position is supported by episodes within the text, and by its larger consonance with Plato’s philosophy of evil and responsibility. By recognizing (...) the analogy between man and demiurge, the literal reading provides a moral component that its non-literal counterpart lacks. (shrink)

In this paper I argue that, although Alvin Plantinga’s Felix Culpa theodicy appears on only two pages of his recent book Where the Conflict Really Lies: Science, Religion and Naturalism (2011) (i.e. 58-59), it is of pivotal importance for the book as a whole. Plantinga argues that there is superficial conflict but deep concord between science and monotheism, and that there is superficial concord but deep conflict between science and naturalism. I contend that the weakness of the Felix Culpa theodicy (...) lends support to the view that there is more than superficial conflict between science and monotheism, and offer an alternative response to the challenge of evil which suggests that there might be, after all, concord between science and (religious) naturalism. (shrink)

English law is unambiguous that legal personality, and with it all legal rights and protections, is assigned at birth. This rule is regarded as a bright line that is easily and consistently applied. The time has come, however, for the rule to be revisited. This article demonstrates that advances in fetal surgery and (anticipated) artificial wombs do not marry with traditional conceptions of birth and being alive in law. These technologies introduce the possibility of ex utero gestation, and/or temporary existence (...) ex utero, and consequently developing human beings that are novel to the law. Importantly, therefore, the concepts of birth and born alive no longer distinguish between human beings deserving of legal protection in the way originally intended. Thus, there is a need for reform, for a new approach to determining the legal significance of birth and what being legally alive actually encompasses. Investigating the law of birth is of crucial importance, because of the implications of affording or denying the subjects of new reproductive technologies rights and protections. A determination of the legal status of the subject of fetal surgery or an artificial womb will determine what can and cannot be done to each entity. Moreover, the status afforded to these entities will drastically impact on the freedoms of pregnant women. (shrink)