This paper sets out to accomplish two goals. First, drawing on the Irish perspective, it reconceptualises one of the enduring legacy-based harms of epistemic colonisation, in this case, ‘linguicism’, in terms of ‘hermeneutical injustice’. Second, it argues that otherwise well-meaning attempts to combat epistemic colonisation through the inclusion of marginalised testimony can, in certain circumstances, lead to cases of ‘epistemic exploitation’, which, in turn, can result in ‘ontic burnout’. Both linguicism and epistemic exploitation, this paper theorizes, have the potential to (...) bring about ontic burnout. Here is the plan: to set the scene, section I briefly surveys some key arguments supporting the call for higher education institutions (HEIs) to engage in epistemic decolonising, focusing on the importance of striking a balance between two extremes: (i) abandoning all forms of Eurocentric/colonial knowledge through the elimination of inherited thinking and conceptual schemes which result from colonization, in particular, those which remain in our thinking “owing to inertia rather than to our own reflective choices” (Wiredu 2002, p.56); (ii) the other—pursuing a more positive project where we seek to, “exploit as much as is judicious the resources of indigenous conceptual schemes” (Wiredu 1996: p.136). From here, it moves to consider harms associated with a subset of ‘epistemicide’, that is, ‘linguicism’—a phenomenon where the language and culture of the colonizer become part of the ‘civilising project’ and, in more extreme cases of linguicide, forcibly replaces indigenous languages. Section II then explores the subtleties of harmful by-products deriving from ‘inclusion’, namely that which scholars refer to as ‘epistemic exploitation’. Situations where marginalised scholars are finally ‘at the table but still on the menu’ arise when privileged persons, compel marginalised knowers to educate them [and others] about the nature of their oppression (Berenstain, 2016). Habitual requests to turn themselves inside out for emancipatory principles give rise to a phenomenon known as ontic burnout (Dunne and Kotsonis, 2022, p.9)—“a form of dissociative explanatory fatigue culminating in oppressed persons engaging in a conscious or unconscious decoupling from their socially constructed identity, from the burdens and injustices associated with being a member of a certain social kind”. This harm is, I argue, rarely discussed in the literature and worthy of further analysis. (shrink)

Mental representations remain the central posits of psychology after many decades of scrutiny. However, there is no consensus about the representational format(s) of biological cognition. This paper provides a survey of evidence from computational cognitive psychology, perceptual psychology, developmental psychology, comparative psychology, and social psychology, and concludes that one type of format that routinely crops up is the language-of-thought (LoT). We outline six core properties of LoTs: (i) discrete constituents; (ii) role-filler independence; (iii) predicate–argument structure; (iv) logical operators; (v) inferential (...) promiscuity; and (vi) abstract content. These properties cluster together throughout cognitive science. Bayesian computational modeling, compositional features of object perception, complex infant and animal reasoning, and automatic, intuitive cognition in adults all implicate LoT-like structures. Instead of regarding LoT as a relic of the previous century, researchers in cognitive science and philosophy-of-mind must take seriously the explanatory breadth of LoT-based architectures. We grant that the mind may harbor many formats and architectures, including iconic and associative structures as well as deep-neural-network-like architectures. However, as computational/representational approaches to the mind continue to advance, classical compositional symbolic structures – that is, LoTs – only prove more flexible and well-supported over time. (shrink)

In this dissertation I achieve the following: (1) I present motivating criteria for a general comprehensive theory of scientific explanation. I review historical approaches to modeling explanation in light of these criteria. (2) I present New Mechanist Explanation ("NME") as the leading candidate for a contemporary, complete theory of scientific explanation. (3) I present constraints on the applicability of New Mechanism in modeling biology, chemistry, and physics. I argue for the unsuitability of NME as a candidate for a general theory (...) of explanation due to its significant omissions of explanatory content and subsequent incompleteness. (4) I present arguments for the indispensable explanatory power of mathematics in science, noting that much of NME's failures are owed to its poor integration of mathematical explanation as applied to science. (5) I propose a Rational-Relational theory of explanation(“RRE”). I present RRE in detail and demonstrate it as a true working general theory of explanation which best meets the motivating criteria presented in (1). I disambiguate RRE from structural explanation ("SE"). I show that historical models of explanation, including the deductive nomological (DNE) model, statistical relevance ("SRE") model, structural model (SE) and unification model ("UE") may be successfully treated as sub-classes of explanation within the scope of RRE. I provide a rubric for selecting amongst sub-theories of explanation under RRE in the purpose of highlighting particular features of relational explanations. (6) In conclusion, I argue that philosophers of science should move forward using RRE as a general model of scientific explanation as a working alternative to the incomplete model of NME. (shrink)

It is well known that Kant connects judgment and feeling in the third Critique. However, the precise relationship between these two faculties remains virtually unexplored, in large part due to the unpopularity of Kant’s faculty psychology. This paper considers why, for Kant, judgment and feeling go together, arguing that he had good philosophical reasons for forging this connection. The discussion begins by situating these faculties within Kant’s mature faculty psychology. While the ‘power of judgment’ [Urteilskraft] is fundamentally reflective, feeling [Gefühl] (...) reveals itself as essentially non-discursive. Their systematic connection emerges through the principle of purposiveness [Zweckmäßigkeit], which the former legislates for the latter. I claim that we must understand this notion in terms of the suitability of the faculties for each other, as displayed in mere reflection. That is, we can only recognize the fitness of two things for each other through feeling, which, in turn, is the only way that we can engage in the activity of merely reflecting judgment. I conclude by gesturing at an even further way in which judgment and feeling are related, based on their mutual role in orienting all of the faculties of the human mind. (shrink)

Commentators have shown a steady interest in the role of feeling in Kant’s moral and practical philosophy over the last few decades. Much attention has been given to the notion of ‘moral feeling’ in general, as well as to what Kant calls the ‘feeling of respect’ for the moral law. My focus in this essay is on the role of feeling in practical judgment. My claim in what follows is that the act of judging in the practical domain—i.e., determining what (...) one ought to do, or what action one ought to perform, in a specific case—crucially involves feeling. Put more simply: I argue that practical judgment has an essentially affective dimension. The upshot of the account I will give is that it provides us with a richer and more complex account of moral feeling than has previously been appreciated in the literature. While it is recognized that feeling plays a certain role in moral motivation, what I hope to demonstrate here is that feeling is involved much earlier in the exercise of moral agency. Far from entering only at the point at which we are trying to muster the strength of will to carry out what we know we ought to do, feeling is present the moment we begin to deliberate about what it is that we ought to do. (shrink)

Perceptual systems respond to proximal stimuli by forming mental representations of distal stimuli. A central goal for the philosophy of perception is to characterize the representations delivered by perceptual systems. It may be that all perceptual representations are in some way proprietarily perceptual and differ from the representational format of thought (Dretske 1981; Carey 2009; Burge 2010; Block ms.). Or it may instead be that perception and cognition always trade in the same code (Prinz 2002; Pylyshyn 2003). This paper rejects (...) both approaches in favor of perceptual pluralism, the thesis that perception delivers a multiplicity of representational formats, some proprietary and some shared with cognition. The argument for perceptual pluralism marshals a wide array of empirical evidence in favor of iconic (i.e., image-like, analog) representations in perception as well as discursive (i.e., language-like, digital) perceptual object representations. (shrink)

I develop a theory of counterfactuals about relative computability, i.e. counterfactuals such as 'If the validity problem were algorithmically decidable, then the halting problem would also be algorithmically decidable,' which is true, and 'If the validity problem were algorithmically decidable, then arithmetical truth would also be algorithmically decidable,' which is false. These counterfactuals are counterpossibles, i.e. they have metaphysically impossible antecedents. They thus pose a challenge to the orthodoxy about counterfactuals, which would treat them as uniformly true. What’s more, I (...) argue that these counterpossibles don’t just appear in the periphery of relative computability theory but instead they play an ineliminable role in the development of the theory. Finally, I present and discuss a model theory for these counterfactuals that is a straightforward extension of the familiar comparative similarity models. (shrink)

ABSTRACTThis paper provides a naturalistic account of inference. We posit that the core of inference is constituted by bare inferential transitions, transitions between discursive mental representations guided by rules built into the architecture of cognitive systems. In further developing the concept of BITs, we provide an account of what Boghossian [2014] calls ‘taking’—that is, the appreciation of the rule that guides an inferential transition. We argue that BITs are sufficient for implicit taking, and then, to analyse explicit taking, we posit (...) rich inferential transitions, which are transitions that the subject is disposed to endorse. (shrink)

Perceptual representations pick out individuals and attribute properties to them. This paper considers the role of perceptual attribution in determining or guiding perceptual reference to objects. We consider three extant models of the relation between perceptual attribution and perceptual reference–all attribution guides reference, no attribution guides reference, or a privileged subset of attributions guides reference–and argue that empirical evidence undermines all three. We then defend a flexible-attributives model, on which the range of perceptual attributives used to guide reference shifts adaptively (...) with context. This model underscores the remarkable and dynamic intelligence of our perceptual capacities. We elucidate implications of the model for the boundary between perception and propositional thought. (shrink)

Philosophical Issues, Volume 30, Issue 1, Page 273-292, October 2020.

Short‐term memory in vision is typically thought to divide into at least two memory stores: a short, fragile, high‐capacity store known as iconic memory, and a longer, durable, capacity‐limited store known as visual working memory (VWM). This paper argues that iconic memory stores icons, i.e., image‐like perceptual representations. The iconicity of iconic memory has significant consequences for understanding consciousness, nonconceptual content, and the perception–cognition border. Steven Gross and Jonathan Flombaum have recently challenged the division between iconic memory and VWM by (...) arguing against the idea of capacity limits in favor of a flexible resource‐based model of short‐term memory. I argue that, while VWM capacity is probably governed by flexible resources rather than a sharp limit, the two memory stores should still be distinguished by their representational formats. Iconic memory stores icons, while VWM stores discursive (i.e., language‐like) representations. I conclude by arguing that this format‐based distinction between memory stores entails that prominent views about consciousness and the perception–cognition border will likely have to be revised. (shrink)

This paper proposes a novel educational approach to epistemic vice rehabilitation. Its authors Gerry Dunne and Alkis Kotsonis note that, like Quassim Cassam, they remain optimistic about the possibility of improvement with regard to epistemic vice. However, unlike Cassam, who places the burden of minimizing or overcoming epistemic vices and their consequences on the individual, Dunne and Kotsonis argue that vice rehabilitation is best tackled via the exemplarist animated community of inquiry zetetic principles and defeasible-reasons-regulated deliberative processes. The vice-reduction method (...) they propose is made up of four distinct yet complementary components: (1) positive exemplarism of epistemic virtue (saints), (2) negative exemplarism of epistemic vice (sinners), (3) direct teaching/instruction, and (4) cognitive apprenticeship. Dunne and Kotsonis argue that this pedagogical intervention appropriately considers learnings deriving from forensic scrutiny of both ideal and non-ideal interpersonally calibrated zetetic features integral to knowledge acquisition as well as wider societal influences impacting the development of agents' epistemic character. It bridges research on vice epistemology (Cassam's obstructivist theory), social epistemology (corrupted social processes mitigating against vice rehabilitation), virtue epistemology, and moral exemplarism. (shrink)

One famous debate in contemporary epistemology considers whether there is always one unique, epistemically rational way to respond to a given body of evidence. Generally speaking, answering “yes” to this question makes one a proponent of the Uniqueness thesis, while those who answer “no” are called “permissivists”. Another influential recent debate concerns whether non-truth-related factors can be the basis of epistemic justification, knowledge, or rational belief. Traditional theories answer “no”, and are therefore considered “purists”. However, more recently many theorists have (...) argued to the contrary, claiming that impurist factors, such as practical stakes, can sometimes encroach or even override truth-related considerations. This paper bridges the two debates by presenting and defending what I call “Impurist Permissivism”. I support Impurist Permissivism by showing how it can resist Roger White’s famous Argument from Arbitrariness (2005). (shrink)

Kant’s distinction between the determining and reflecting power of judgment in the third Critique is not well understood in the literature. A mainstream view unifies these by making determination the telos of all acts of judgment (Longuenesse 1998). On this view, all reflection is primarily in the business of producing empirical concepts for cognition, and thus has what I call a determinative ideal. I argue that this view fails to take seriously the independence and autonomy of the ‘power of judgment’ (...) [Urteilskraft] as a higher cognitive faculty in its own right with its own a priori principle. Instead of seeing merely reflecting judgments as failed or incomplete acts of judgment, I argue that these are in fact paradigmatic of the activity of the power of judgment. More precisely, the reflecting power of judgment just is the power of judgment. Accordingly, reflecting judgment takes precedence over determining judgment; while the former operates according to a law that it gives itself, the latter requires another higher cognitive faculty to provide its principle. On my view, reflecting judgment should be understood as the capacity for purposive subsumption—most clearly seen in the activity of mere reflection. (shrink)

This commentary critically examines the view of the relationship between perception and memory in Ned Block's *The Border Between Seeing and Thinking*. It argues that visual working memory often stores the outputs of perception without altering their formats, allowing online visual perception to access these memory representations in computations that unfold over longer timescales and across eye movements. Since Block concedes that visual working memory representations are not iconic, we should not think of perceptual representations as exclusively iconic either.

According to a classic but nowadays discarded philosophical theory, perceptual experience is a complex of nonconceptual sensory states and full-blown propositional beliefs. This classical dual-component theory of experience is often taken to be obsolete. In particular, there seem to be cases in which perceptual experience and belief conflict: cases of known illusions, wherein subjects have beliefs contrary to the contents of their experiences. Modern dual-component theories reject the belief requirement and instead hold that perceptual experience is a complex of nonconceptual (...) sensory states and some other sort of conceptual state. The most popular modern dual-component theory appeals to sui generis propositional attitudes called ‘perceptual seemings’. This article argues that the classical dual-component theory has the resources to explain known illusions without giving up the claim that the conceptual components of experience are beliefs. The classical dual-component view, though often viewed as outdated and implausible, should be regarded as a serious contender in contemporary debates about the nature of perceptual experience. (shrink)

The target article attempted to draw connections between broad swaths of evidence by noticing a common thread: Abstract, symbolic, compositional codes, that is, language-of-thoughts (LoTs). Commentators raised concerns about the evidence and offered fascinating extensions to areas we overlooked. Here we respond and highlight the many specific empirical questions to be answered in the next decade and beyond.

Braun explores the use of digital twin technology in medicine with a particular emphasis on the question of how such simulations can represent a person.1 In defining some first conditions for ethically justifiable forms of representation of digital twins, he argues that digital twins do not threaten an embodied person, as long as that person retains control over their simulated representation via dynamic consent, and ideally with the option to choose both form and usage of the simulation. His thoughtful elaboration (...) provides insight into the challenges inherent in interactions between a person and their digital twin, emphasising the modes of control required to respect personal modes of freedom. This individual-centric approach to the question of representation leaves out the important ethical consideration of ensuring that all, not merely some, can be represented. Braun describes dynamic consent as a necessary mode of control, arguing that where a person is unable to give consent, ‘such simulations threaten to become illegitimate representations. They would then shift the kind of interaction from representation to illegitimate forms of prediction or surveillance and thereby could lead to infringements to individual modes of freedom.’ Consequently, the implementation of digital twin technology in healthcare would seem to exclude the most vulnerable members of society from participation in and benefiting from medical innovation, …. (shrink)

The capacity for feature binding is typically explained in terms of the attribution model: a perceptual state selects an individual and attributes properties to it (Kahneman & Treisman 1984; Clark 2004; Burge 2010). Thus features are bound together in virtue of being attributed to the same individual. While the attribution model successfully explains some cases of binding in perception, not all binding need be understood as property attribution. This chapter argues that some forms of binding—those involving holistic iconic representations, which (...) bind features outside the limits of attention and object files—don’t fit the attribution model. The chapter then sketches an alternative coordination model of binding that construes icons as complex analog representations. (shrink)

That Kant sees the faculties of imagination and judgment as closely related is not controversial. Yet precisely how they relate to each other, especially across his Critical philosophy, is less clear. In this paper, I consider the relationship between what Kant calls the ‘power of imagination’ [Einbildungskraft] and the ‘power of judgment’ [Urteilskraft]. I argue for the following claim: insofar as the power of judgment is the faculty of thinking particulars under universals, the power of imagination is the faculty of (...) producing and providing particulars for judgment—either to reflect on or to subsume under universals. Such an account reveals that our capacity for imagination is intimately bound up with our capacity to judge. (shrink)

My aim in this paper is to provide an account of practical judgement, for Kant, that situates it within his theory of judgement as a whole—particularly, with regards to the distinction between the determining and reflecting use of judgement. I argue that practical judgement is a kind of determining judgement, but also one in which reflecting judgement plays a significant role. More specifically, I claim that practical judgement arises from the cooperation of the reflecting power of judgement with the faculty (...) of reason—the former assisting the latter in the application of its principle. I conclude by considering a possible role for feeling in practical judgement. (shrink)

This article argues that personal medical data should be made available for scientific research, by enabling and encouraging individuals to donate their medical records once deceased, similar to the way in which they can already donate organs or bodies. This research is part of a project on posthumous medical data donation developed by the Digital Ethics Lab at the Oxford Internet Institute at the University of Oxford. Ten arguments are provided to support the need to foster posthumous medical data donation. (...) Two major risks are also identified—harm to others, and lack of control over the use of data—which could follow from unregulated donation of medical data. The argument that record-based medical research should proceed without the need to secure informed consent is rejected, and instead a voluntary and participatory approach to using personal medical data should be followed. The analysis concludes by stressing the need to develop an ethical code for data donation to minimise the risks, and offers five foundational principles for ethical medical data donation suggested as a draft code. (shrink)

In recent years, New Mechanism has become one of the most popular and widely discussed philosophical accounts of scientific explanation. Some of its proponents see it as a successor to traditional deductive nomological and statistical approaches to the philosophy of explanation. New Mechanists thus argue for the generality of their approach as a model of scientific explanation. Here we will show that the generality of NME as an account of scientific explanation is restricted. Most significantly, NME is widely recognized to (...) have trouble in accounting for explanation in traditional physics. Yet, in the face of obstacles to NME in the physical sciences, New Mechanists have yet to provide a convincing defense of the generality of their view. In this paper, I (1) summarize when and how NME works, (2) describe briefly what NME is not and can’t be, (3) outline some areas of contemporary scientific explanation where New Mechanism misses the mark; and (4) demonstrate that New Mechanism does not constitute a general theory of scientific explanation but rather covers a restricted scope of explanations. (shrink)

Dissertation Prospectus. Exploring the limits of New Mechanism as a general theory of scientific explanation, limiting its scope and proposing constraints.

Almost every facet of the experience of musical listening—from pitch, to rhythm, to the experience of emotion—is thought to be shaped by the meeting and thwarting of expectations. But it is unclear what kind of mental states these expectations are, what their format is, and whether they are conscious or unconscious. Here, we distinguish between different modes of musical listening, arguing that expectations play different roles in each, and we point to the need for increased collaboration between music psychologists and (...) philosophers in order to arrive at a more detailed characterisation of conscious musical experience and the role of expectations therein. (shrink)

Many contemporary epistemologists take rational inference to be a conscious action performed by the thinker (Boghossian 2014; 2018; Valaris 2014; Malmgren 2018). It is tempting to think that rational evaluability requires responsibility, which in turn requires conscious action. In that case, unconscious cognition involves merely associative or otherwise arational processing. This paper argues instead for deep rationalism: unconscious inference often exhibits the same rational status and richly structured logical character as conscious inference. The central case study is rationalization, in which (...) people shift their attitudes in logically structured, reason-responsive ways in response to evidence of their own incompetence or immorality. These attitude shifts are irrational in a way that reflects on the thinker. Thus rationally evaluable inference extends downward into the unconscious. Many take the sole aim of belief to be truth (Velleman 2000) or knowledge (Williamson 2000), but the prevalence of rationalization suggests that belief updating often aims instead at preserving our positive conceptions of ourselves—that is, belief updating is part of a psychological immune system (Gilbert 2006; Mandelbaum 2019). This paper argues that the psychological immune system comprises a suite of distinct cognitive mechanisms, some (ir)rational and some arational, which are united by a common function of avoiding the maladaptive predomination of negative affect and maintaining stable motivation. Other aspects of the psychological immune system include (i) a domain-general positive bias in evaluative attitudes and (ii) “terror management,” i.e., the systematic strengthening of meaning-conferring beliefs to avoid death anxiety. The multiplicity of processes underlying the psychological immune system point toward an irrational but adaptive function of cognition to keep us motivated in a world rife with negativity and death. (shrink)

David Stove's essay “The intellectual capacity of women” was first published in 1990, in the Proceedings of a Sydney philosophical society. It has been re-published twice since his death. It seems though that during his lifetime Stove himself refused to agree to its being re-printed. This raises two questions: Did Stove believe his essay on women contains mistakes? And: does it contain mistakes? The main flaws in the essay stem from a rash adoption of simplistic ideas about probability coupled with (...) a question-begging definition of capacity. The work also contains contradictions and exaggerations and some unwise forays into social history. Stove was an intelligent man so it seems likely that he would have recognised those flaws. (shrink)

It is commonly held that the ascription of truth to a sentence is intersubstitutable with that very sentence. However, the simplest subclassical logics available to proponents of this view, namely K3 and LP, are hopelessly weak for many purposes. In this article, I argue that this is much more of a problem for proponents of LP than for proponents of K3. The strategies for recapturing classicality offered by proponents of LP are far less promising than those available to proponents of (...) K3. This undermines the ability of proponents LP to engage in public reasoning in classical domains. (shrink)

While the substantiation of “best interests” has received much attention, the question of how “the child” is conceptualised to ensure any action taken or decision made is in the particular child’s best interests has been largely neglected. In this paper, I argue that the lack of robust understanding of who “the child” is means that we continue to make many generalisations and category-based assumptions in determining the child’s best interests. In addressing the challenge of doing right by the individual child, (...) I propose a three-step approach based on a theoretical model of the child that avoids presumptions about child-typical needs and insists on an assessment of the child’s individual characteristics, needs, qualities, and circumstances, making it the only conceptualisation fully meeting the child centrism criterion required by children’s rights as determined by the United Nations Convention on the Rights of the Child. (shrink)

Adoption may be defined as ‘the legal process through which the state establishes a parental relationship, with all its attendant rights and duties, between a child and a (set of) parent(s) where there exists no previous procreative relationship’ . In adoptions from care, state intervention effectively converts an established, or nascent, adult– child relationship into ‘family’ in the legal sense. From the state’s perspective, adoption thus entails the transfer of parental responsibilities for a child in public care to a private (...) family unit, enabling the state to permanently delegate its duties towards a child to this new unit. This seemingly straightforward legal act raises deeper philosophical questions relating to such state ‘family creation’, particularly when the child’s perspective is taken. Such a child- centric approach normatively regards children as equal moral beings, who ought to be included in actions concerning them, regardless of their capacity to form and express an opinion. Accordingly, adoption from care can be described as a moral decision, aimed at doing what is in the child’s best interests. The purpose of this chapter is to explore a suspicion of a lack of child- centrism in adoption from care practice, and to illustrate how adopted children’s rights are inferior to those of their non- adopted peers. This will shed light on a practice currently lacking transparency and accountability and will increase our understanding of how we fail to treat children as equal moral individuals in decision- making that severely impacts children’s lives. (shrink)

A significant proportion of child protection cases involve care-experienced mothers, which reveals a continuous cycle of mothers who lose their children to social services after having been in state care themselves as children. While the importance of protecting children requires little explanation and forms the justificatory basis for child protection interventions, it is important to remember that care-experienced mothers were once children entrusted to the state’s care, and who arguably have been failed by the state in that their parenting opportunities (...) are significantly reduced. This paper aims to address this underexplored dilemma between protecting children and safeguarding mothering opportunities for care-experienced mothers. Appealing to the concept of solidarity, I argue that the state has an obligation to increase its compensatory efforts to secure the right of care-experienced women to not only become parents but to be able to be parents, with the aim of breaking the cycle of care experience. (shrink)

In January 2024, non-consensual deepfakes came to public attention with the spread of AI generated sexually abusive images of Taylor Swift. Although this brought new found energy to the debate on what some call non-consensual synthetic intimate images (i.e. images that use technology such as AI or photoshop to make sexual images of a person without their consent), female celebrities like Swift have had deepfakes like these made of them for years. In 2017, a Reddit user named “deepfakes” posted several (...) videos in which he had used opensource machine learning tools to swap the faces of female celebrities on to the faces of female porn actors, displaying what appeared to be live video footage of the celebrity engaging in sex acts she never engaged in. Since that time, deepfake technology has advanced astronomically. What once were choppy sexualized videos are now nearly flawless videos that can be difficult to distinguish from a real video. According to recent research on deepfakes by Sensity AI, this technology has been used primarily on women to create sexual videos. These women’s sexual autonomy has been co-opted for the purposed of gratifying men’s sexual pleasure, but have also been used in campaigns to delegitimize and humiliate female journalists and politicians. In Canada, civil and criminal legislation has addressed the non-consensual distribution of intimate images, but in only a few provinces – British Columbia, New Brunswick, Prince Edward Island and Saskatchewan – does this offence include altered images that could include deepfakes. This paper explores the evolution of synthetic technology such as AI image generators and Canada’s legal responses to the non-consensual sharing of intimate images. (shrink)

This article argues that understanding any space or site relies on a knowledge of its fourth dimension - the timescape. It will explore this by situating the investigation in the museum - a place of heightened contrivance which could easily be shallowly interpreted as "mere style". It will defend a new method of investigating museum temporality which combines both phenomenology and literary theory, and will replace the idea of geo-epistemology with geochronic epistemology: an understanding of context and situation which takes (...) on time as well as spatial location. In so doing, it moves on from notions of the museum as a place out of time, situating it in the networks of meaning, power and politics in which we have lived and are living. Thus, "the whole space of the exhibition" as Lyotard said, "becomes the remains of all time": the Museum on the Edge of Forever. (shrink)

In this thesis I provide an account of the faculty of the mind that Kant calls ‘the power of judgment’ [Urteilskraft]. While there is an abundance of literature on various aspects of Kant’s theory of judgment in the Critical philosophy, there has been no sustained treatment of the nature of the faculty that is the subject of the third Critique (1790). I argue that the power of judgment is a fundamentally reflective, affective, and orientational capacity that occupies a central place (...) within Kant’s account of the human mind. To this end, I trace the development of Kant’s thinking on judgment—from the pre-Critical to the Critical period, as well as from the first to the third Critique—to show how it continues to gain prominence within Kant’s taxonomy of the mind. (shrink)

Machine learning algorithms may radically improve our ability to diagnose and treat disease. For moral, legal, and scientific reasons, it is essential that doctors and patients be able to understand and explain the predictions of these models. Scalable, customisable, and ethical solutions can be achieved by working together with relevant stakeholders, including patients, data scientists, and policy makers.

Religion is often singled out for special legal treatment in Western societies - which raises an important question: what, if anything, is special about religious conscience beliefs that warrants such special legal treatment? In this paper, I will offer an answer to this specialness question by investigating the relationship between religious conscientious objections and their insulation from relevant evidence. I will begin my analysis by looking at Brian Leiter’s arguments that religious beliefs are insulated from evidence and not worthy of (...) special legal treatment as a result. I will argue that he fails to show that religious conscience beliefs are both in principle responsive to empirical evidence and in practice typically more insulated from this evidence than secular conscience beliefs. If I am right about this, then Leiter fails to answer the “central puzzle” of his recent book and fails to sufficiently distinguish the religious conscience from the secular conscience. Second, I will look at whether or not it is plausible to understand the religious conscience as insulated from other forms of evidence. Following the research of social-psychologist Jonathan Haidt, I will argue that, typically, both forms of conscience seem to be similarly insulated from moral argumentation. I will also show that, while it seems as though the religious conscience usually draws from a larger set of moral values when compared to the secular conscience, this should make no legal difference overall. To conclude, I will explain that the arguments in this paper can be understood as evidence in support of an egalitarian response to religion’s specialness. (shrink)

To date, both the United States federal government and twenty-one individual states have passed Religious Freedom Restoration Acts that aim to protect religious persons from having their sincere beliefs substantially burdened by governmental interests. RFRAs accomplish this by offering a three-pronged exemption test for religious objectors that is satisfied only when (1) an objector has a sincere belief that is being substantially burdened; (2) the government has a very good reason (e.g., health or safety) to interfere; and (3) there is (...) a reasonable alternative to serve the compelling interest. Legal balancing tests like those found in RFRA are content neutral insofar as they sideline the belief-content of conscientious objections as irrelevant when determining the permissibility of granting legal accommodations. However, some theorists worry that this legal picture may be backward: perhaps balancing tests should be content non-neutral given the usual features of conscientious objections. For example, Yossi Nehushtan contends that, contrary to their typical codification, religious conscience beliefs seem undeserving of special legal accommodations because they possess uniquely strong empirical and theoretical ties to intolerance. Thus, the illiberally intolerant content of these conscientious objections might actually give the state a reason to refuse to grant legal exemptions. In this paper, I offer a cursory defense of content neutrality with respect to balancing tests like those found in RFRA. To begin, I outline Nehushtan’s argument for content non-neutrality. The cornerstone of his argument is that illiberal intolerance is intolerable such that conscientious objections that are based upon illiberally intolerant values provide the state with strong, normally prevailing reason not to grant an exemption. I argue that, even when the illiberally intolerant content of one’s conscience constitutes a weighty and relevant factor in determining the permissibility of granting a legal exemption, there remain significant problems. It is difficult, for example, to determine which views are illiberally intolerant and difficult to say whether illiberally intolerant views can effectively serve as the principled demarcating line in balancing tests. To conclude, I offer several cursory arguments in favor of adopting content-neutral approaches without necessarily making a comprehensive case. By drawing on the work of Amy Sepinwall, Nadia Sawicki, and Nathan Chapman, I show that content-neutral approaches can help to safeguard robust protections for conscience by permitting atypical exercises of conscience, protect minority thoughts and practices from being coercively supplanted by majoritarian understandings of morality, appropriately maintain the skepticism and humility that we owe each other as compatriots in a pluralistic society, and allow the kind of justifiable civil disobedience that has an important place in political history among other things. (shrink)

Unconscious logical inference seems to rely on the syntactic structures of mental representations (Quilty-Dunn & Mandelbaum 2018). Other transitions, such as transitions using iconic representations and associative transitions, are harder to assimilate to syntax-based theories. Here we tackle these difficulties head on in the interest of a fuller taxonomy of mental transitions. Along the way we discuss how icons can be compositional without having constituent structure, and expand and defend the “symmetry condition” on Associationism (the idea that associative links (...) and transitions are perfectly symmetric). In the end, we show how a BIT (“bare inferential transition”) theory can cohabitate with these other non-inferential mental transitions. (shrink)

‘Epistemic exploitation occurs when privileged persons compel marginalised knowers to educate them [and others] about the nature of their oppression’ (Berenstain, 2016, p. 569). This paper scrutinizes some of the purported wrongs underpinning this practice, so that educators might be better equipped to understand and avoid or mitigate harms which may result from such interventions. First, building on the work of Berenstain and Davis (2016), we argue that when privileged persons (in this context, educators) repeatedly compel marginalised or oppressed knowers, (...) to not only to educate them, but indeed others, about the nature of their oppression, they risk subjecting them to further epistemic-moral harms. This is due to the likelihood that at least some of their audience will assign them less/more credibility than they deserve based on pre-existing identity-based prejudices. Second, though some of these requests to ‘educate’ or ‘learn more’ masquerade as seemingly virtuous or innocuous epistemic inquiries, privileged persons underestimate or remain ignorant of secondary harms which stem from internalized epistemic obligations, oppressive double-binds (Hirji, 2021), and attendant emotional burdens oppressed knowers carry in relation to the ever-present possibility of ameliorating oppressor mindsets. After surveying each context-specific harm briefly, we then turn to an applied reading of how these exploitative practices sometimes culminate in something we refer to as ‘ontic burnout’, a form of interminable explanatory fatigue brought on by repeated requests to educate the privileged about what it means to be oppressed. (shrink)

This paper asks how Kant’s mature theory of freedom handles an objection pertaining to chance. This question is significant given that Kant raises this criticism against libertarianism in his early writings on freedom before coming to adopt a libertarian view of freedom in the Critical period. After motivating the problem of how Kant can hold that the free actions of human beings lack determining grounds while at the same maintain that these are not the result of ‘blind chance,’ I argue (...) that Kant’s Critical doctrine of transcendental idealism, while creating the conceptual space’ for libertarian freedom, is not intended to provide an answer to the problem of chance with respect to our free agency. I go on to show how the resources for a refutation of chance only come about in the practical philosophy. In the 2nd Critique, Kant famously argues for the reality of freedom on the basis of our consciousness of the moral law as the law of a free will. However, Kant also comes to build into his account of the will a genuine power of choice, which involves the capacity to deviate from the moral law. I conclude by showing that this apparent tension can be resolved by turning to his argument for the impossibility of a diabolical will. This involves a consideration of the distinct kind of grounding relationship that practical laws have to the human will, as well as the way that transcendental idealism makes this possible. (shrink)

While science is often presented as a body of knowledge or collection of passively accumulated facts, science should be examined and experienced as a performed process, a human endeavor connected to the ways we access the world. In this white paper, I briefly introduce the practice of science from the perspective of performance theory. By examining science in the context of performance, we may approach certain key questions about science directly. How do scientists perform experiments and practice the scientific method (...) (or, more accurately, scientific methodologies)? How does science rely on particular performer(s) and the particular contexts of those performances? What distinguishes the activity of science from other kinds of human performances? By reframing science as a human performance in the context of human practices and rituals, we more closely approach an accurate and communicable explanation of what the process of “doing science” actually is as something that humans do. (shrink)

Based on a critical interpretative review of existing qualitative research investigating accounts of ‘lived experience’ of surrogates and intended parents from a relational perspective, this article proposes a typology of surrogacy arrangements. The review is based on the analysis of 39 articles, which belong to a range of different disciplines (mostly sociology, social psychology, anthropology, ethnology, and gender studies). The number of interviews in each study range from as few as seven to over one hundred. Countries covered include Australia, Canada, (...) Greece, India, Iran, Israel, Italy, Mexico, Norway, Russia, Sweden, UK, Ukraine, and the USA. Most studies focus only on surrogacy practices in one country (although often with intended parents from other countries), and some include several countries (e.g. interviewees from several countries or fieldwork in different field-sites). The proposed typology goes beyond the division between altruistic versus commercial, and traditional versus gestational surrogacy, in order to inform further research and to contribute to bioethical and policy debates on surrogacy in a transnational context. Four types of relations are identifiable: open, restricted, structured, and enmeshed. The criteria which influence these relationships are: the frequency and character of contact pre- and post-birth; expectations of both parties; the type of exchange involved in surrogacy arrangements; and cultural, legal, and economic contexts. The theoretical contribution of the article is to further the development of a relational justice approach to surrogacy. (shrink)

One recurring criticism of the best interests standard concerns its vagueness, and thus the inadequate guidance it offers to care providers. The lack of an agreed definition of ‘best interests’, together with the fact that several suggested considerations adopted in legislation or professional guidelines for doctors do not obviously apply across different groups of persons, result in decisions being made in murky waters. In response, bioethicists have attempted to specify the best interests standard, to reduce the indeterminacy surrounding medical decisions. (...) In this paper, we discuss the bioethicists’ response in relation to the state's possible role in clarifying the best interests standard. We identify and characterise two clarificatory strategies employed by bioethicists —elaborative and enumerative—and argue that the state should adopt the latter. Beyond the practical difficulties of the former strategy, a state adoption of it would inevitably be prejudicial in a pluralistic society. Given the gravity of best interests decisions, and the delicate task of respecting citizens with different understandings of best interests, only the enumerative strategy is viable. We argue that this does not commit the state to silence in providing guidance to and supporting healthcare providers, nor does it facilitate the abuse of the vulnerable. Finally, we address two methodological worries about adopting this approach at the state level. The adoption of the enumerative strategy is not defeatist in attitude, nor does it eventually collapse into (a form of) the elaborative strategy. (shrink)

This work describes a seminal framework of law by one of the founders of the field of law and economics, Judge Guido Calabresi. It broadens what is known as the framework of law among legal scholars, and posits a calabresi theorem which is developed and explained, in part, in comparison to the coase theorem. The framework provides policymakers a tool for creating balanced policies.

Ensemble perception—the encoding of objects by their group properties—is known to be resistant to outlier noise. However, this resistance is somewhat paradoxical: how can the visual system determine which stimuli are outliers without already having derived statistical properties of the ensemble? A simple solution would be that ensemble perception is not a simple, one-step process; instead, outliers are detected through iterative computations that identify items with high deviance from the mean and reduce their weight in the representation over time. Here (...) we tested this hypothesis. In Experiment 1, we found evidence that outliers are discounted from mean orientation judgments, extending previous results from ensemble face perception. In Experiment 2, we tested the timing of outlier rejection by having participants perform speeded judgments of sets with or without outliers. We observed significant increases in reaction time (RT) when outliers were present, but a decrease compared to no-outlier sets of matched range suggesting that range alone did not drive RTs. In Experiment 3 we tested the timing by which outlier noise reduces over time. We presented sets for variable exposure durations and found that noise decreases linearly over time. Altogether these results suggest that ensemble representations are optimized through iterative computations aimed at reducing noise. The finding that ensemble perception is an iterative process provides a useful framework for understanding contextual effects on ensemble perception. (shrink)