This paper will consider ethical issues arising from medical tort litigation. I will argue that deep changes are required to ensure fairness in litigation and in order to hold morally responsible those corporations that take unnecessary risks with consumers’ lives.

Post-traumatic stress disorder is a “young” disorder formally recognized in the early 1980s, although the symptoms have been noted for centuries particularly in relation to military conflicts. PTSD may develop after a serious traumatic experience that induces feelings of intense fear, helplessness or horror. It is currently characterized by three key classes of symptoms which must cause clinically significant distress or impairment of functioning: persistent and distressing re-experiencing of the trauma; persistent avoidance of stimuli associated with the trauma and numbing (...) of general responsiveness; and persistent symptoms of hyper-arousal. One of the possible symptoms within the second class is difficulty in remembering an important aspect of the traumatic event.PTSD is not an uncommon condition, with an estimated lifetime prevalence of about 7-9% based on studies conducted in the United States and Canada, with women at higher risk than men. While not everyone who experiences a significant trauma will go on to develop PTSD, about a third will do so. Sexual assault, along with other forms of assaultive violence, pose a comparatively high risk of PTSD. (shrink)

The Pythagorean tradition dominates the understanding of beauty up until the end of the 18th Century. According to this tradition, the experience of beauty is stimulated by certain relations perceived to be between an object/construct's elements. As such, the object of the experience of beauty is indeterminate: it has neither a determinate perceptual analogue (one cannot simply identify beauty as you can a straight line or a particular shape) nor a determinate concept (there are no necessary and sufficient conditions for (...) beauty at the semantic level). By the 13th Century in the West, the pleasure experienced in beauty is characterized as disinterested. Yet, on the basis that all cultural manifestations of the pythagorean theory of beauty recognize that judgments of beauty are genuine judgments, we would want to say that judgments of beauty are lawful. In addition, from ancient times, up until after Kant, philosophers of beauty within this tradition recognize two kinds of beauty: a universal, unchanging beauty coexisting with a relative, dynamic beauty. These two kinds of beauty and the tensions discussed above, are reconciled and dissolved respectively, according to the metaphysical/religious commitments of the particular author. As yet, however, these features of beauty have not been reconciled within a physicalist worldview. This is what I set out to do. (shrink)

The standard cognitive theory of art claims that art can be insightful while maintaining that imagining is motivationally inert [Walton 1990] even when some epistemic advantage is claimed for it [Currie 1995]. However, if we assume art as art can be insightful, we also assume that the imagining it occasions has a lasting impact on belief. In this chapter, I argue that imagining of the kind occasioned by art can be held non-occurrently [Schellenberg 2013] without delusion and can motivate behaviour (...) [Gendler 2000, 2003, 2006a/b; Langland-Hassan 2016]. As such, certain features of imagination can be appreciated in a new light. (shrink)

Beauty is evil, a surreptitious diversion of earthly delights planted by the devil, according to the third century theologian-philosopher Tertullian. Beauty is a manifestation of the divine on earth, according to another third century philosopher, Plotinus. Could these two really be talking about the same thing? That beauty evokes an experience of pleasure is probably the only point on which all participants in the continuing debate on beauty agree. But what kinds of pleasure one considers relevant to an experience of (...) beauty, is the crux of the problem of beauty. In ancient, medieval and eighteenth century philosophy, the problem of beauty was framed by the larger concern of what constituted a good life. The question regarding the nature of beauty was answered with a view to its role in achieving the good life for those who cultivated its apprehension. In the twentieth century, philosophers framed the problem of beauty as a problem for conceptual analysis. The questions asked were: Is beauty subjective or objective? Are there properties in the object that count towards beauty in all cases; that are sufficient or necessary for an object to be judged beautiful? What kind of pleasure is the pleasure we experience of beauty? I will examine how these questions can be seen to have been answered by earlier philosophical traditions and then I will use these questions as a guide to developing an explanatory theory of beauty based on contemporary theories of perception. (shrink)

This essay presents the nature of aesthetic judgment, the significance of aesthetic judgment and finally, the relevance of art to understanding aesthetic judgment.

A discussion of the way the visual artists represented in Adelaide’s 2012 Biennale draw attention to new conceptions of place, time and self which highlight the contingent nature of the narratives that underlie our day to day existence. Disenchantment or re-enchantment are increasingly redundant conceptions. Such narratives are always fluid. Among the ebbs and flows, new conceptions emerge, providing in effect new ways of being in the world, and in turn prompting a reshuffling of what we thought we knew.

The sublime is an aspect of experience that has attracted a great deal of scholarship, not only for scholarly reasons but because it connotes aspects of experience not exhausted by what Descartes once called clear distinct perception. That is, the sublime is an experience of the world which involves us in orientating ourselves within it, and this orientation, our human orientation, elevates us in comparison to the non-human world according to traditional accounts of the sublime. The sublime tells us something (...) about our relation to the world rather than anything about the world per se. Nonetheless there is an objective sense of the sublime in that the narratives involved are culturally endorsed rather than invented by an individual. This means that objects can be judged worthy or not of evoking experiences of the sublime. In other words, it is not an idiosyncratic matter. Immanuel Kant’s formulation of this involved explaining how such an experience is possible in terms of his system of the mind. Jane Forsey notes that Kant takes the features of the sublime as given and extrapolates from them certain features of the mind as if any concept of the sublime must implicate the mental architecture of his account (2007). Further to this she argues that in fact the concept of the sublime does implicate a particular system of the mind but neither Kant nor anyone else can successfully formulate it because the concept itself frames certain contradictions. According to Forsey, two consequences follow. First she argues that Kant’s system of the mind does not support the features of the sublime; and secondly that no system could as the very concept is incoherent. If Forsey can show that Kant was mistaken in presenting his account as coherent given his commitments, this would be of interest in its own right. However, her stronger claim is that we cannot separate any concept of the sublime out from Kant’s theoretical underpinnings. That the way the features of the mind are meant to operate in experiences of the sublime are contradictory simply points to the fatal flaws in the whole concept. Her conclusion is that there is no coherent account of the sublime available to us. I will argue that Forsey bases her reasoning on the assumption that a foundational empiricist or direct perception holds; and she interprets Kant’s notions of imagination, understanding and reason as though they are grounded in just such an account of perception. This is revealed in her interpretation of Kant’s phrase “beyond cognition”. Once this foundationalism is replaced with an account of perception more aligned with current research on perception, both philosophical and empirical, then an account of the sublime is available. Further to this however, I argue that what constitutes the narrative of the sublime is historically contingent. Before setting out my arguments, I consider Forsey’s argument in more detail. (shrink)

At a time when professional art criticism is on the wane, the ancient quarrel between art and philosophy demands fresh answers. Professional art criticism provided a basis upon which to distinguish apt experiences of art from the idiosyncratic. However, currently the kind of narratives from which critics once drew are underplayed or discarded in contemporary exhibition design where the visual arts are concerned. This leaves open the possibility that art operates either as mere stimulant to private reverie or, in the (...) more contentful cases, as propaganda. The ancient quarrel between art and philosophy is that art influences surreptitiously while philosophy presents reasons that invite rational scrutiny. As such, in contrast to philosophy, art would undermine our agency. In July 2017, a group of philosophers gathered at the Art Gallery of NSW (AGNSW), in Sydney, Australia, in the presence of two AGNSW curators to explore the basis of their own experiences of selected artworks. Here, those commentaries are reproduced. Each reveal that objective grounds for an experience of art can be based in the community from which one draws one’s terms of reference. In our commentaries we see the expertise of the respective philosophical communities but other communities of culture or expertise might serve the same purpose and hence resolve the ancient quarrel. Before hearing these commentaries, I explain what is at stake when the ancient quarrel between art and philosophy is understood in contemporary terms. This Issue of the Curator also includes an article on the community-based art criticism that emerges from these commentaries followed by an exhibition review which reveals the incorrigible impulse (also demonstrated in the commentaries) to find the basis for the most apt experience of an artwork. A response by the AGNSW curators completes this issue. (shrink)

Aesthetic autonomy has been given a variety of interpretations, which in many cases involve a number of claims. Key among them are: (i) art eludes conventional conceptual frameworks and their inherent incompatibility with invention and creativity; and (ii) art can communicate aspects of experience too fine‐grained for discursive language. To accommodate such claims one can adopt either a convention‐based account or a natural‐kind account. A natural‐kind theory can explain the first but requires some special scaffolding in order to support the (...) second, while a convention‐based account accommodates the second but is incompatible with the first. Theodor W. Adorno attempts to incorporate both claims within his aesthetic theory, but arguably in his aesthetic theory each is cancelled out by the other. Art’s independence of entrenched conceptual frameworks needs to be made compatible with its communicative role. Jürgen Habermas, in contrast, provides a solution by way of his theory of language. I draw upon the art practice of the contemporary Icelandic‐Danish artist Olafur Eliasson in order to demonstrate this. (shrink)

Similarity and difference, patterns of variation, consistency and coherence: these are the reference points of the philosopher. Understanding experience, exploring ideas through particular instantiations, novel and innovative thinking: these are the reference points of the artist. However, at certain points in the proceedings of our Symposium titled, Next to Nothing: Art as Performance, this characterisation of philosopher and artist respectively might have been construed the other way around. The commentator/philosophers referenced their philosophical interests through the particular examples/instantiations created by the (...) artist and in virtue of which they were then able to engage with novel and innovative thinking. From the artists’ presentations, on the other hand, emerged a series of contrasts within which philosophical and artistic ideas resonated. This interface of philosopher-artist bore witness to the fact that just as art approaches philosophy in providing its own analysis, philosophy approaches art in being a co-creator of art’s meaning. In what follows, we discuss the conception of philosophy-art that emerged from the Symposium, and the methodological minimalism which we employed in order to achieve it. We conclude by drawing out an implication of the Symposium’s achievement which is that a counterpoint to Institutional theories of art may well be the point from which future directions will take hold, if philosophy-art gains traction. (shrink)

Aesthetics is not an area to which the Stoics are normally understood to have contributed. I adopt a broad description of the purview of Aesthetics according to which Aesthetics pertains to the study of those preferences and values that ground what is considered worthy of attention. According to this approach, we find that the Stoics exhibit an Aesthetic that reveals a direct line of development between Plato, the Stoics, Thomas Aquinas and the eighteenth century, specifically Kant’s aesthetics. I will reveal (...) an interpretation of the aesthetic of the Stoics which has more explanatory power for the history of aesthetic theory than a history of aesthetic theory which leaves out the Stoics. (shrink)

This paper comments on an article by V.S. Ramachandran and William Hirstein (JCS,1999) in which they purport to be identifying the neurological principles of beauty. I draw attention to the way the problem of beauty is construed in the philosophical literature by Mary Mothersill (1984) and Immanuel Kant (Critique of Judgment). I argue that Ramachandran and Hirsteins' principles do not address the problem of beauty because they do not differentiate between the experience of beauty and other closely related phenomena. I (...) then show how one might address the problem of beauty within the framework that they have adopted. (shrink)

<The definitive version is available at www.blackwell-synergy.com > -- In this paper I carve out a space between the concept of "the object" and the seemingly endless ways in which "the object" can be represented pictorially. I will call the aspect of the pictorial representation which is made possible by this space, the pictorial representation's "style". I will explore this space by drawing upon theories of pictorial representation, leaving out, for the sake of my purposes here, a consideration of the (...) artist's intention. That an attribution of "style" can be comprehensive while leaving out a consideration of artists' intentions, I will argue by adopting the conceptual framework of Paul Thom's theory of interpretation. Before embarking on my project, I begin with a brief overview of the rather slippery notion of "style". (shrink)

The aim of this paper is to draw the attention of those conducting research on imagery to the different kinds of visual information deployed by expert drawers compared to non-expert drawers. To demonstrate this difference I draw upon the cognitive science literature on vision and imagery to distinguish between three different ways that visual phenomena can be represented in memory: structural descriptions, denotative descriptions, and configural descriptions. Research suggests that perception and imagery deploy the same mental processes and that the (...) drawing of one's imagery would require the simultaneous deployment of these very processes. I reason that drawing a picture of one's imagery is not possible. I hypothesize that when required to draw a picture from memory, both expert and non-expert drawers access their denotative description of the object rather than their imagery. I then suggest how my hypothesis could be tested and if accurate, how this finding would impact upon the design and interpretation of experiments on imagery when drawing is involved. I also suggest why the constraints that perception places upon the simultaneous deployment of imagery appear not to cause the same constraints in autistic savant drawers and visual agnosia patients. (shrink)

I identify two mutually exclusive notions of formalism in Kant’s Critique of Aesthetic Judgement: a thin concept of aesthetic formalism and a thick concept of aesthetic formalism. Arguably there is textual support for both concepts in Kant’s third critique. I offer interpretations of three key elements in the Critique of Aesthetic Judgement which support a thick formalism. The three key elements are: Harmony of the Faculties, Aesthetic Ideas and Sensus Communis. I interpret these concepts in relation to the conditions for (...) theoretical Reason, the conditions for moral motivation and the conditions for intersubjectivity, respectively. I conclude that there is no support for a thin concept of aesthetic formalism when the key elements of Kant’s Critique of Aesthetic Judgement are understood in the context of his broader critical aims. (shrink)

According to the scientific image, aesthetic experience is constituted by private reverie or mindless gratification of some kind. This image fails to fully acknowledge the theoretical and hence cultural aspect of perception, which includes aesthetic experience. This chapter reframes aesthetic reflective judgment in terms of perceptual processes (section 2); intentional pleasure (section 3); non-perceptually represented perceptual properties (section 4); and intersubjectivity (section 5). By clarifying the relevant terms, the liberal naturalist account of the sublime provides the link between the sublime (...) and moral motivation (section 6). (shrink)

In this paper I suggest ways in which vision theory and psychology of perception may illuminate our understanding of beauty. I identify beauty as a phenomenon which is (i) ineffable, (ii) subjectively universal (intersubjective), and (iii) manifested in objects as formal structure. I present a model of perception by which I can identify a representation whose underlying principles would explain these features of beauty. The fact that these principles underlie the representation rather than constitute the content of representation, provides an (...) explanation for the ineffability and subjective universality of the perception of beauty in the form of objects. In part one, I set out two models of perception conducive to this approach. In part two, I suggest how such theories can offer a way of explaining and understanding the experience of beauty. (shrink)

In this paper we analyse the ideas implicit in the style of exhibition favoured by contemporary galleries and museums, and argue that unless the audience is empowered to ascribe meaning and significance to artwork through critical dialogue, the power not only of the audience is undermined but also of art. We argue that galleries and museums preside over an experience economy devoid of art, unless (i) indeterminacy is understood, (ii) the critical rather than coercive nature of art is facilitated, and (...) (iii) the conditions for inter-subjectivity are met. (shrink)

Plato conceived of the Form of Beauty as quite distinct from the Form of the Good. Beauty was a means to the Good. The ascent theory of the Symposium has suggested to some commentators that Plato envisaged two kinds of beauty, the sensuous and the intellectual, and that to reach the Good we must transcend our sensuous desires and cultivate an appreciation of intellectual beauty. However, in the Laws Plato presents us with a third notion of beauty, which is neither (...) sensuous nor intellectual. To experience beauty we need to cultivate our pleasure in harmonious forms. This is where we find a theory of beauty that resonates in Kant’s aesthetic theory. According to the latter, the feeling for beauty is a feeling for harmony that takes us beyond the confines of a world marked out by self-interest. I conclude that Plato’s aesthetic theory anticipates the role that aesthetic judgment would play in Immanuel Kant’s system of the mind. (shrink)

If we conceive of ourselves as animals, it might be accurate to call us visual animals. The visual cortex is much larger in us relative to the size of our brains than in other animals, and large relative to the parts of the cortex responsible for the transmission of signals emanating from the other perceptual transducers. Our ability to recall visual images, recombine them in imagination and enter imaginatively into narratives is linked to this evolved piece of brain architecture. However, (...) what this means within the context of human culture is not so clear. A large visual cortex might not necessarily translate into a heightened susceptibility for fine visual distinctions over auditory or kinetic distinctions, at least not in all cultural contexts. (shrink)

Each chapter covers one topic and largely consists of brief summaries of arguments for and against various themes. The topic of the first chapter is whether and on what basis a film can be considered art. Photography is used as an analogy. The arguments range from considering the mechanical form of cinema as an obstacle to arthood to arguments considering cinema’s mechanical nature as essential to its arthood; the former by those who ground art in human agency, the latter by (...) those who ground art in some conception of verisimilitude. Those worried by the former argument, emphasize editing and montage effects as the essential aspects of cinema, the idea being that the less representational veracity a film presented, the more it could be classified as art. On the other hand, for those who equate the art of film with verisimilitude, it is argued that the realism of film is superior to the realism of the other representational arts due to film’s retrieval of images as opposed to merely representing them. (shrink)

The distinctive feature of Thom’s theory of interpretation is that it takes the classicist view regarding the stability of the object of interpretation, and the post-structuralist view regarding what counts as interpretation. Accordingly, he must admit the possibility that any one object of interpretation, stable though it be, can have multiple (yet possibly incommensurable) successful interpretations.

Paul Crowther provides interpretations of key concepts in Kant’s Critique of Aesthetic Judgment, indicating (particularly in very informative footnotes) how his views compare with those of other Kant commentators such as Paul Guyer, Rachel Zuckert, Béatrice Longuenesse, Henry Allison, Donald Crawford, Robert Wicks and others. One might be inclined to ask whether yet another interpretation of Kant’s third critique was needed, yet compared to his other two critiques, Kant’s Critique of Judgment can still be regarded as the neglected sibling. Its (...) relevance to his system as a whole and in particular to his moral theory is still under appreciated. However, if one is after a study of Kant’s third critique along these lines, this is not the place to find it. Crowther has his philosopher of art hat firmly in place in the writing of this study. Even so, adopting this approach Crowther shows us that there is still work to be done. Crowther takes the core of Kant’s thesis and argues that its implications extend far beyond what Kant could have envisaged. (shrink)

This book is a compilation of papers that Zangwill has had published previously in a number of journals; this journal among them. The topics of these papers centre on the nature of aesthetic properties. Read as such, the papers are, for the most part, erudite and illuminating, presenting as they do a very clear synthesis of various well known positions on the relation of aesthetic properties to non-aesthetic properties; the relation of beauty to other aesthetic concepts; and the nature of (...) the aesthetic. (shrink)

Matthews discusses the role of our ability to make a judgment of taste (judgment of beauty) within Kant's notion of the structure of the mind. In doing this she does not simply rely upon what we can learn from the first part of the third critique, the 'Critique of Aesthetic Judgment', but draws upon Kant's philosophy as a whole, including the first two critiques and the second part of The Critique of Judgment, the 'Critique of Teleological Judgment'. She looks at (...) how the ability to judge beauty links to other aspects of the mind: in particular to our ability to make moral judgments and to our ability to cognize experience, the latter involving a selection of those aspects of nature which lend themselves to the kind of ordering of which our minds are predisposed. Matthews identifies a link in Kant's thinking between creativity and aesthetic judgment. That is, she understands Kant to be saying that aesthetic judgment makes revolutionary ways of thinking possible (p.71). However, in her introduction she writes 'Beauty need not lead to knowledge or moral activity in order to have value in our lives' (p.1). Matthews points out that her aim in this book is to show that the feeling of beauty serves a larger purpose for Kant. The relevant feature of the experience of beauty is its 'ability to orient rational beings in a sensible world'. Her book is dedicated to explaining how the experience of beauty does this. The feeling of beauty, she writes, 'acts as a mediating link between theoretical and practical reason' (p.1). (shrink)

The essays collected in this volume are written by scholars from a wide range of disciplines (anthropology, archaeology, art history, philosophy and psychology). The papers ostensibly address how to evaluate rock art, but can also be read in the context of offering support for the affirmative in the debate regarding whether aesthetics is a cross-cultural discipline. Two alternative conceptions of the aesthetic provide the underlying antithesis and thesis respectively to all papers. The antithesis holds that the aesthetic pertains to a (...) conception of art that is an historical artefact of eighteenth century Europe. Most of the writers refer to this idea of art in terms of the object of a disinterested gaze (a second-hand reading of Kant), or as ‘art-for-art’s-sake’. The thesis of all papers, be it explicit or implicit, is that the aesthetic is a certain human predisposition or capacity to imbue physical properties with meaning and value; to link the sensuous with the semantic; to find meaning in form (Lamarque pp.27-8, Morphy pp.54, 59.). Some authors extend this beyond the artefact to the perception of nature (see the papers of Heyd, Ogawa, Stone). (shrink)

Kirwan identifies three kinds of beauty theory within the Western tradition. These are: ‘in the eye of the beholder’ theories; neoplatonic theories; and what he refers to as synaesthetic theories; which he discusses in chapters 2, 3 and 4 respectively. He places himself within the synaesthetic tradition whose emphasis is apparently on the interaction between the beautiful object and the perceiver. Kirwan, however, does not analyse this interaction. Nor does he concern himself with what makes the experience of beauty possible, (...) nor what characteristics of an object make it beautiful. Instead, Kirwan’s theory of beauty amounts to a phenomenology of beauty. Kirwan is interested in “the structure of feeling involved in beauty – with respect to which the division between the perceived object and its ground is more important than any formal properties of either “ (p.39). (shrink)

The authors included in this anthology of historical texts on aesthetics and philosophy of art, address the big questions. They attempt to place art within experience generally or within the life of a community; or they attempt to understand the nature of the aesthetic and its role within experience. Topics include mimesis, the relation between art and truth, the metaphysics of beauty, the function of art, and the ontology of art. All of the extracts included were written prior to the (...) middle of this century. The only aspect of this anthology which suggests that it was published recently is the inclusion of three Chinese pieces and one Indian piece. (shrink)

The late vision theorist David Marr identified three levels of explanation that he argued needed to be addressed in order to understand vision : (i) the psychological, functional or computational level of processes; (ii) the physical or neurological which is the level of explanation employed by Zeki; and (iii) the algorithmic – the level of implementation. For Zeki’s purpose of drawing upon vision-theory in order to better understand art and aesthetics, there is no need to focus on the third level. (...) I would argue however that in order to draw upon brain science to understand art, the first two levels of explanation are necessary. (shrink)

The aim of this book is to promote understanding and enjoyment of the arts. With this aim in mind, Lyas introduces the key issues of philosophical aesthetics through examples drawn from high and popular culture, and from a variety of art forms, from music and painting to literature and poetry. The book is pitched as a springboard into undergraduate courses in aesthetics and as an introduction to philosophical aesthetics for the general reader. It is refreshing to read a book on (...) aesthetics written by someone for whom problems in aesthetics are more than just grist for the academic mill. That this is the case shows not only in his choice of examples but also in the perspective he brings to them. Lyas argues, for example, that one must feel the merit of the work for oneself; rather then simply, as he puts it, assuming 'that certain things are worth studying ("in the canon" as they put it)' and then performing 'various classificatory dances round them' (p.75). The question for appreciation, he reminds us, is why those things in the canon deserve to be there. According to Lyas, teaching aesthetics is not simply a matter of imparting a body of knowledge to the student. Instead, the teacher's role is to develop capacities in the student for an appreciative experiencing (p.131). (shrink)

Matthew Kieran addresses a number of key topics in aesthetics including the nature of originality, beauty, artistic knowledge and truth, the moral content of art, and the standards of taste. His treatment of each topic is informed by the thesis that the value of art is to be found in the insights that it provides. The structure of each chapter is to canvas a few positions (usually including one that would represent a counter position to his thesis), before presenting an (...) interpretation of the topic that is compatible with his positive thesis regarding art’s value as insight. (shrink)

In order to say what one means, and be understood, one needs to know to whom one wishes to communicate, the particular mindset one addresses. Expressing oneself clearly and naturally requires some art. Style, then, is an important component of the message received, or so it is in art history writing according to James Elkins. He attempts to demonstrate that what constitutes art history writing is consequently unanalysable; that art history under analysis becomes something else. ‘The glare of logic’ Elkins (...) claims, ‘bleaches the carefully modulated colors of art history and makes whole stretches of it appear blank’ (225). Art history is shrunk when it becomes the patient of the philosopher, the sociologist, the cultural theorist. (shrink)

Ormerod and Chronicle reported that optimal solutions to traveling salesperson problems were judged to be aesthetically more pleasing than poorer solutions and that solutions with more convex hull nodes were rated as better figures. To test these conclusions, solution regularity and the number of potential intersections were held constant, whereas solution optimality, the number of internal nodes, and the number of nearest neighbors in each solution were varied factorially. The results did not support the view that the convex hull is (...) an important determinant of figural attractiveness. Also, in contrast to the findings of Ormerod and Chronicle, there were consistent individual differences. Participants appeared to be divided as to whether the most attractive figure enclosed a given area within a perimeter of minimum or maximum length. It is concluded that future research in this area cannot afford to focus exclusively on group performance measures. (shrink)

A large proportion of the total global burden of disease is caused by emergency medical conditions. Emergency care research is essential to improving emergency medicine but this research can raise some distinctive ethical challenges, especially with regard to (1) standard of care and risk–benefit assessment; (2) blurring of the roles of clinician and researcher; (3) enrolment of populations with intersecting vulnerabilities; (4) fair participant selection; (5) quality of consent; and (6) community engagement. Despite the importance of research to improve emergency (...) care in low-income and middle-income countries (LMICs) and the widely acknowledged ethical challenges, very little has been written on the ethics of emergency care research in LMICs. This paper examines the ethical and regulatory challenges to conducting emergency care research with human participants in LMICs. We outline key challenges, present potential solutions or frameworks for addressing these challenges, and identify gaps. Despite the ethical and regulatory challenges, conducting high-quality, ethical emergency care research in LMICs is possible and it is essential for global health. (shrink)

Intuitively, there is a difference between knowledge and mere belief. Contemporary philosophical work on the nature of this difference has focused on scenarios known as “Gettier cases.” Designed as counterexamples to the classical theory that knowledge is justified true belief, these cases feature agents who arrive at true beliefs in ways which seem reasonable or justified, while nevertheless seeming to lack knowledge. Prior empirical investigation of these cases has raised questions about whether lay people generally share philosophers’ intuitions about these (...) cases, or whether lay intuitions vary depending on individual factors (e.g. ethnicity) or factors related to specific types of Gettier cases (e.g. cases that include apparent evidence). We report an experiment on lay attributions of knowledge and justification for a wide range of Gettier Cases and for a related class of controversial cases known as Skeptical Pressure cases, which are also thought by philosophers to elicit intuitive denials of knowledge. Although participants rated true beliefs in Gettier and Skeptical Pressure cases as being justified, they were significantly less likely to attribute knowledge for these cases than for matched true belief cases. This pattern of response was consistent across different variations of Gettier cases and did not vary by ethnicity or gender, although attributions of justification were found to be positively related to measures of empathy. These findings therefore suggest that across demographic groups, laypeople share similar epistemic concepts with philosophers, recognizing a difference between knowledge and justified true belief. (shrink)

In the philosophical literature on mental states, the paradigmatic examples of mental states are beliefs, desires, intentions, and phenomenal states such as being in pain. The corresponding list in the psychological literature on mental state attribution includes one further member: the state of knowledge. This article examines the reasons why developmental, comparative and social psychologists have classified knowledge as a mental state, while most recent philosophers--with the notable exception of Timothy Williamson-- have not. The disagreement is traced back to a (...) difference in how each side understands the relationship between the concepts of knowledge and belief, concepts which are understood in both disciplines to be closely linked. Psychologists and philosophers other than Williamson have generally have disagreed about which of the pair is prior and which is derivative. The rival claims of priority are examined both in the light of philosophical arguments by Williamson and others, and in the light of empirical work on mental state attribution. (shrink)

Why do we find agents less blameworthy when they face mitigating circumstances, and what does this show about philosophical theories of moral responsibility? We present novel evidence that the tendency to mitigate the blameworthiness of agents is driven both by the perception that they are less normatively competent—in particular, less able to know that what they are doing is wrong—and by the perception that their behavior is less attributable to their deep selves. Consequently, we argue that philosophers cannot rely on (...) the case strategy to support the Normative Competence theory of moral responsibility over the Deep Self theory. However, we also outline ways in which further empirical and philosophical work would shift the debate, by showing that there is a significant departure between ordinary concepts and corresponding philosophical concepts, or by focusing on a different type of coherence with ordinary judgments. (shrink)

Many epistemologists use intuitive responses to particular cases as evidence for their theories. Recently, experimental philosophers have challenged the evidential value of intuitions, suggesting that our responses to particular cases are unstable, inconsistent with the responses of the untrained, and swayed by factors such as ethnicity and gender. This paper presents evidence that neither gender nor ethnicity influence epistemic intuitions, and that the standard responses to Gettier cases and the like are widely shared. It argues that epistemic intuitions are produced (...) by the natural ‘mindreading’ capacity that underpins ordinary attributions of belief and knowledge in everyday social interaction. Although this capacity is fallible, its weaknesses are similar to the weaknesses of natural capacities such as sensory perception. Experimentalists who do not wish to be skeptical about ordinary empirical methods have no good reason to be skeptical about epistemic intuitions. (shrink)

According to some philosophers, gender is a social role or pattern of behavior in a social context. I argue that these accounts have problematic implications for transgender. I suggest that gender is a complex behavioral disposition, or cluster of dispositions. Furthermore, since gender norms are culturally relative, one’s gender is partially constituted by extrinsic factors. I argue that this has advantages over thinking of gender as behavior, and has the added advantage of accommodating the possibility of an appearance/reality dissonance with (...) respect to one’s gender. (shrink)

Meditation on working in Tino Sehgal's 2010 Guggenheim piece, "This Progress," and on his ban on documentation. Cf. subjects, objects.

This essay explores the speech act of dogwhistling (sometimes referred to as ‘using coded language’). Dogwhistles may be overt or covert, and within each of these categories may be intentional or unintentional. Dogwhistles are a powerful form of political speech, allowing people to be manipulated in ways they would resist if the manipulation was carried outmore openly—often drawing on racist attitudes that are consciously rejected. If philosophers focus only on content expressed or otherwise consciously conveyed they may miss what is (...) most powerful and pernicious in the speech of political culture. This essay is a call to start paying attention to these more covert speech acts, and a first attempt at beginning to theorize them. It argues that dogwhistles present a complex and interesting case for the philosopher of language, and explores their implications for democratic politics. (shrink)

In forming groups—corporations, teams, academic departments, juries—humans gain new ways of acting in the world. Jennifer Lackey argues that groups need to be held responsible for their actions, and therefore need to be subject to epistemic evaluation. To criticize receptive or reckless behavior on the part of a corporation, for example, we need some account of what it is for a group to believe something, and for a group belief to be justified. In Lackey’s account, group epistemic states are (...) a function of the states of individual operative members. After raising some difficulties for her formulation of this function, this article raises questions about Lackey’s operative-member account can apply to new types of group agent, with a particular focus on the epistemic status of algorithmic systems that harvest human data. (shrink)

Most adult persons with anorexia satisfy the existing criteria widely used to assess decision-making capacity, meaning that incapacity typically cannot be used to justify coercive intervention. After rejecting two other approaches to justification, Professor Radden concludes that it is most likely not possible to justify coercive medical intervention for persons with anorexia in liberal terms, though she leaves it open whether some other framework might succeed. I shall assume here that the standard approach to assessing decisionmaking capacity is adequate.1 The (...) question then is whether we can justify—within a liberal framework—coercive intervention with the decision of a competent... (shrink)

Do epistemic intuitions tell us anything about knowledge? Stich has argued that we respond to cases according to our contingent cultural programming, and not in a manner that tends to reveal anything significant about knowledge itself. I’ve argued that a cross-culturally universal capacity for mindreading produces the intuitive sense that the subject of a case has or lacks knowledge. This paper responds to Stich’s charge that mindreading is cross-culturally varied in a way that will strip epistemic intuitions of their evidential (...) value. I argue that existing work on cross-cultural variation in mindreading favors my position over Stich’s. (shrink)

Do laypeople and philosophers differ in their attributions of knowledge? Starmans and Friedman maintain that laypeople differ from philosophers in taking ‘authentic evidence’ Gettier cases to be cases of knowledge. Their reply helpfully clarifies the distinction between ‘authentic evidence’ and ‘apparent evidence’. Using their sharpened presentation of this distinction, we contend that the argument of our original paper still stands.

Charles Beitz has presented us with a new and novel theory of human rights, one that is motivated by a concern for the enforcement of human rights in modern international practice. However, the focus on states in his human rights project generates a tension between the universal aspirations of individual human rights and the vulnerable individuals who through rendition or state failure find themselves outside the international state system. This paper argues that Beitz and other theorists of human rights make (...) a mistake when they define human rights in statist terms. The scope of a theory of human rights must include all human beings, even if not simply in virtue of their humanity. The aspiration for human rights to be political and not metaphysical is interesting and admirable, but the human scope of human rights must be retained in order for human rights to retain their critical force. (shrink)

In her impressive book, looking at the philosophy and science of well-being, Anna Alexandrova argues for the strong claim that we possess no stable, unified concept of well-being. Instead, she thinks the word “well-being” only comes to have a specific meaning in particular contexts, and has a quite different meaning in different contexts. I take issue with (1) her claim that we do not possess a unified, all-things-considered concept of well-being as well as with (2) her failure to consider why (...) we might want a unified concept. I grant that Alexandrova is probably correct that the word “well-being” is used differently in different contexts. But this only shows that one word can come to be used to express different concepts. Moreover, noting that several concepts exist that are picked out by “well-being” doesn’t establish that we lack altogether a notion of all-things-considered well-being. I believe we have such a concept, even though it is not always the concept in play. Moreover, I think we need such a concept. The conceptual muddles Alexandrova highlights—muddles that result from a single word being used to express multiple ideas—remind us how important it is to be able to distinguish different concepts from one another, as well as how important it is to periodically remind ourselves of how various forms of specialist dialogue relate back to the broader, more general notion of “well-being.”. (shrink)

Experiments in psychology and experimental philosophy suggest that judgments about actual causation are partially governed by norms: norm violations are more likely to be singled out as causes, while structurally analogous factors that obey the norms are unlikely to be singled out. The norm-sensitivity of causal judgment has, in turn, lent support to a normative analysis of causation itself. In this paper, I question whether the support stands. I articulate and examine two principal reasons support might be so derived. For (...) each, I argue that, in fact, a non-normative analysis is better supported. (shrink)

The dominant approach to assessing decision-making capacity in medicine focuses on determining the extent to which individuals possess certain core cognitive abilities. Critics have argued that this model delivers the wrong verdict in certain cases where patient values that are the product of mental disorder or disordered affective states undermine decision-making without undermining cognition. I argue for a re-conceptualization of what it is to possess the capacity to make medical treatment decisions. It is, I argue, the ability to track one’s (...) own personal interests at least as well as most people can. Using this idea, I demonstrate that it is possible to craft a solution for the problem cases—one that neither alters existing criteria in dangerous ways (e.g. does not open the door to various kinds of abuse) nor violates the spirit of widely accepted ethical constraints on decision-making assessment. (shrink)