Recent studies have explored the effectiveness of open-label placebos for a variety of conditions, including chronic pain, cancer-related fatigue and irritable bowel syndrome. OLPs are thought to sidestep traditional ethical worries about placebos because they do not involve deception: with an OLP, patients or subjects are told outright that they are not given an active substance. As deception is framed as the primary hurdle to ethical placebo use, the door is ostensibly opened to ethical studies of OLPs. In this article, (...) I suggest that even though OLPs seemingly do not involve deception, there are other ethical considerations in their clinical investigation and subsequent use. Research ethics often focusses on informed consent—of which, deception and honesty are a piece—as a means to justify research practices with human subjects. Yet, it is but one of the ethical considerations that should be taken into account. With research into placebo effects in particular, I argue that the history of clinical placebo use grounds special considerations for OLP research that go beyond respect for the autonomy of individual patients through informed consent and encompass structural concerns about the type of patient for whom a placebo has historically been thought appropriate. (shrink)

Trust is a core feature of the physician-patient relationship, and risk is central to trust. Patients take risks when they trust their providers to care for them effectively and appropriately. Not all patients take these risks: some medical relationships are marked by mistrust and suspicion. Empirical evidence suggests that some patients and families of color in the United States may be more likely to mistrust their providers and to be suspicious of specific medical practices and institutions. Given both historical and (...) ongoing oppression and injustice in American medical institutions, such mistrust can be apt. Yet it can also frustrate patient care, leading to family and provider distress. In this paper, I propose one way that providers might work to reestablish trust by taking risks in signaling their own trustworthiness. This interpersonal step is not meant to replace efforts to remedy systemic injustice, but is an immediate measure for addressing mistrust in occurrent cases. (shrink)

Dōgen has been described as a social reformer based on his more “enlightened” attitude towards women, inviting women students into his sangha and advocating for more egalitarian views of gender (Eido Frances Carney, Receiving the Marrow: Teachings on Dōgen by Soto Zen Women Priests (2012), p. xi). In this chapter, I describe how contemporary Western Zen women and their allies have understood Dōgen’s texts as a tool of personal and social transformation through examination of work by Zen practitioners such as (...) Greenwood’s Bow First (2018), Carney’s Receiving the Marrow (2012), Schireson’s Zen Women (2009), and Glassman and Fields’ Instructions to the Cook (1996). In particular, I posit that Zen women have expressed the practical nature of Dōgen’s philosophy for contemporary non-monastics, showing how to de-center oneself through full participation in the activity of the world. This is in contrast to self-centered preoccupation with individual enlightenment or spiritual attainment. Paradoxically, it is the fact that women have often been confined to social roles that prevent their separation from the minutiae of everyday life that allows them to embody Dōgen’s dictum to “forget the self and be actualized by myriad things.”. (shrink)

The development of personal technologies has recently shifted from devices that seek to capture user attention to those that aim to improve user well-being. Digital wellness technologies use the same attractive qualities of other persuasive apps to motivate users towards behaviors that are personally and socially valuable, such as exercise, wealth-management, and meaningful communication. While these aims are certainly an improvement over the market-driven motivations of earlier technologies, they retain their predecessors’ focus on influencing user behavior as a primary metric (...) of success. Digital wellness technologies are still persuasive technologies, and they do not evade concerns over whether their influence on users is ethically justified. In this paper, we describe several ethical frameworks with which to assess the justification of digital wellness technologies’ influence on users. We propose that while some technologies help users to complete tasks and satisfy immediate preferences, other technologies encourage users to reflect on the values underlying their habits and teach them to evaluate their lives’ competing demands. While the former approach to digital wellness technology is not unethical, we propose that the latter approach is more likely to lead to skillful user engagement with technology. (shrink)

This paper argues that the concept of paternalism is currently overextended to include a variety of actions that, while resembling paternalistic actions, are importantly different. I use the example of Japanese physicians’ non-disclosures of cancer diagnoses directly to patients, arguing that the concept of maternalism better captures these actions. To act paternalistically is to substitute one's own judgement for that of another person and decide in place of that person for his/her best interest. By contrast, to act maternalistically is to (...) decide for another person based on a reasonable understanding of that person's own preferences. The concept of maternalism allows for a more thorough assessment of the moral justification of these types of actions. I conclude that it is possible, at least in principle, to justify Japanese physicians’ non-disclosures, and that this justification must be based on an understanding of these actions as maternalistic. (shrink)

Ethical analyses of the effects of neural interventions commonly focus on changes to personality and behavior, interpreting these changes in terms of authenticity and identity. These phenomena have led to debate among ethicists about the meaning of these terms for ethical analysis of such interventions. While these theoretical approaches have different criteria for ethical significance, they agree that patients’ reports are concerning because a sense of self is valuable. In this paper, I question this assumption. I propose that the Buddhist (...) theory of no‐self offers a novel approach to making ethical sense of patients’ claims following deep brain stimulation. This alternative approach is based on the value of insight into patterns of cause and effect among mental states and actions. (shrink)

Bioethics seeks to answer questions and resolve problems that change along with developments in medicine and biology. Ethical justification plays a crucial role in bioethical analysis by clarifying the reasons that support complex judgments about particular actions and general policies.1 It helps bioethicists to determine what to allow, forbid, support, and minimize. When there is disagreement, it can also aid understanding of competing positions. However, at times, disagreement on particular issues becomes so entrenched that understanding seems impossible. In such circumstances, (...) how might bioethicists proceed? In answering this question, this paper considers a particularly significant area of.. (shrink)

I characterize Nishida Kitarō’s metaethical perspective throughout his work but focus especially on his later papers, most notably his writings on kōiteki chokkan, or active intuition. These include Kōiteki Chokkan no Tachiba (published in 1935), Kōiteki Chokkan (published in 1937), as well as Nothingness and the Religious Worldview (Bashoteki Ronri to Shūkyōteki Sekaikan, published in 1945, and widely available in translation). I explore affinities between Nishida’s approach to ethics and metaethical intuitionism and sensibility theory. I then use this analysis to (...) identify a lesson that Nishida offers to contemporary metaethicists. (shrink)

The creation of guidelines has long been a popular means of conveying normative requirements in scientific and medical research. The recent case of He Jiankui, whose research flouted both widely accepted ethical standards and a set of field-specific guidelines he co-authored, raises the question of whether guidelines are an effective means of preventing misconduct. This paper advances the theory that guidelines can facilitate moral rationalization, a form of motivated reasoning. Moral rationalization in research occurs when individuals justify their actions with (...) plausible reasons that cohere with their moral standards. This allows them to act as they want while believing in their own goodness. If guidelines facilitate moral rationalization, this has implications for research ethics training and for the work of applied ethicists. Research ethics training ought to incorporate reflection on conative features of reasoning, including incentives to commit misconduct, and applied ethicists ought to be circumspect about their use of ethics guidelines. Otherwise, they are feeding the fire of rationalization with the cognitive material practitioners need to accomplish their desired ends. (shrink)

Laura Specker Sullivan (2022) makes a fairly compelling case for the value of the perspectives of Buddhist practitioners in neuroethics. In this study, Tibetan Buddhist monks have been asked, among other things, whether consciousness, in brain-injured patients in a minimally conscious state, entails a duty to preserve life. In our view, some of the participants’ responses could be used to inform the bioethical debate on death determination.

Simple idealized models seem to provide more understanding than opaque, complex, and hyper-realistic models. However, an increasing number of scientists are going in the opposite direction by utilizing opaque machine learning models to make predictions and draw inferences, suggesting that scientists are opting for models that have less potential for understanding. Are scientists trading understanding for some other epistemic or pragmatic good when they choose a machine learning model? Or are the assumptions behind why minimal models provide understanding misguided? In (...) this paper, using the case of deep neural networks, I argue that it is not the complexity or black box nature of a model that limits how much understanding the model provides. Instead, it is a lack of scientific and empirical evidence supporting the link that connects a model to the target phenomenon that primarily prohibits understanding. (shrink)

One might be inclined to assume, given the mouse donning its cover, that the behavior of interest in Nicole Nelson's book Model Behavior (2018) is that of organisms like mice that are widely used as “stand-ins” for investigating the causes of human behavior. Instead, Nelson's ethnographic study focuses on the strategies adopted by a community of rodent behavioral researchers to identify and respond to epistemic challenges they face in using mice as models to understand the causes of disordered human behaviors (...) associated with mental illness. Although Nelson never explicitly describes the knowledge production activities in which her behavioral geneticist research subjects engage as “exemplary”, the question of whether or not these activities constitute “model behavior(s)”—generalizable norms for engaging in scientific research—is one of the many thought-provoking questions raised by her book. As a philosopher of science interested in this question, I take it up here. (shrink)

Many neurodegenerative and neuropsychiatric diseases and other brain disorders are accompanied by impairments in high-level cognitive functions including memory, attention, motivation, and decision-making. Despite several decades of extensive research, neuroscience is little closer to discovering new treatments. Key impediments include the absence of validated and robust cognitive assessment tools for facilitating translation from animal models to humans. In this review, we describe a state-of-the-art platform poised to overcome these impediments and improve the success of translational research, the Mouse Translational Research (...) Accelerator Platform (MouseTRAP), which is centered on the touchscreen cognitive testing system for rodents. It integrates touchscreen-based tests of high-level cognitive assessment with state-of-the art neurotechnology to record and manipulate molecular and circuit level activity in vivo in animal models during human-relevant cognitive performance. The platform also is integrated with two Open Science platforms designed to facilitate knowledge and data-sharing practices within the rodent touchscreen community, touchscreencognition and mousebytes. Touchscreencognition includes the Wall, showcasing touchscreen news and publications, the Forum, for community discussion, and Training, which includes courses, videos, SOPs, and symposia. To get started, interested researchers simply create user accounts. We describe the origins of the touchscreen testing system, the novel lines of research it has facilitated, and its increasingly widespread use in translational research, which is attributable in part to knowledge-sharing efforts over the past decade. We then identify the unique features of MouseTRAP that stand to potentially revolutionize translational research, and describe new initiatives to partner with similar platforms such as McGill’s M3 platform. (shrink)

Descriptive accounts of the nature of explanation in neuroscience and the global goals of such explanation have recently proliferated in the philosophy of neuroscience and with them new understandings of the experimental practices of neuroscientists have emerged. In this paper, I consider two models of such practices; one that takes them to be reductive; another that takes them to be integrative. I investigate those areas of the neuroscience of learning and memory from which the examples used to substantiate these models (...) are culled, and argue that the multiplicity of experimental protocols used in these research areas presents specific challenges for both models. In my view, these challenges have been overlooked largely because philosophers have hitherto failed to pay sufficient attention to fundamental features of experimental practice. I demonstrate that when we do pay attention to such features, evidence for reduction and integrative unity in neuroscience is simply not borne out. I end by suggesting some new directions for the philosophy of neuroscience that pertain to taking a closer look at the nature of neuroscientific experiments. (shrink)

This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights (...) areas for future research in the field. (shrink)

Social epistemologists should be well-equipped to explain and evaluate the growing vulnerabilities associated with filter bubbles, echo chambers, and group polarization in social media. However, almost all social epistemology has been built for social contexts that involve merely a speaker-hearer dyad. Filter bubbles, echo chambers, and group polarization all presuppose much larger and more complex network structures. In this paper, we lay the groundwork for a properly social epistemology that gives the role and structure of networks their due. In particular, (...) we formally define epistemic constructs that quantify the structural epistemic position of each node within an interconnected network. We argue for the epistemic value of a structure that we call the (m,k)-observer. We then present empirical evidence that (m,k)-observers are rare in social media discussions of controversial topics, which suggests that people suffer from serious problems of epistemic vulnerability. We conclude by arguing that social epistemologists and computer scientists should work together to develop minimal interventions that improve the structure of epistemic networks. (shrink)

Moods have global and profound effects on our thoughts, motivations and behavior. To understand human behavior and cognition fully, we must understand moods. In this paper I critically examine and reject the methodology of conventional ?cognitive theories? of affect. I lay the foundations of a new theory of moods that identifies them with processes of our cognitive functional architecture. Moods differ fundamentally from some of our other affective states and hence require distinct explanatory tools. The computational theory of mood I (...) propose places them within the context of other mental phenomena and is consistent with the empirical data on moods. (shrink)

In this chapter I investigate the kinds of changes that psychiatric kinds undergo when they become explanatory targets of areas of sciences that are not “mature” and are in the early stages of discovering mechanisms. The two areas of science that are the targets of my analysis are cognitive neuroscience and cognitive neurobiology.

Is democracy a requirement of justice or an instrument for realizing it? The correct answer to this question, I argue, depends on the background circumstances against which democracy is defended. In the presence of thin reasonable disagreement about justice, we should value democracy only instrumentally (if at all); in the presence of thick reasonable disagreement about justice, we should value it also intrinsically, as a necessary demand of justice. Since the latter type of disagreement is pervasive in real-world politics, I (...) conclude that theories of justice designed for our world should be centrally concerned with democracy. (shrink)

The past decade has witnessed a growing awareness of conceptual and methodological hurdles within psychology and neuroscience that must be addressed for taxonomic and explanatory progress in understanding psychological functions to be possible. In this paper, I evaluate several recent knowledge-building initiatives aimed at overcoming these obstacles. I argue that while each initiative offers important insights about how to facilitate taxonomic and explanatory progress in psychology and neuroscience, only a “coordinated pluralism” that incorporates positive aspects of each initiative will have (...) the potential for success. (shrink)

The Morris water maze has been put forward in the philosophy of neuroscience as an example of an experimental arrangement that may be used to delineate the cognitive faculty of spatial memory (e.g., Craver and Darden, Theory and method in the neurosciences, University of Pittsburgh Press, Pittsburgh, 2001; Craver, Explaining the brain: Mechanisms and the mosaic unity of neuroscience, Oxford University Press, Oxford, 2007). However, in the experimental and review literature on the water maze throughout the history of its use, (...) we encounter numerous responses to the question of “what” phenomenon it circumscribes ranging from cognitive functions (e.g., “spatial learning”, “spatial navigation”), to representational changes (e.g., “cognitive map formation”) to terms that appear to refer exclusively to observable changes in behavior (e.g., “water maze performance”). To date philosophical analyses of the water maze have not been directed at sorting out what phenomenon the device delineates nor the sources of the different answers to the question of what. I undertake both of these tasks in this paper. I begin with an analysis of Morris’s first published research study using the water maze and demonstrate that he emerged from it with an experimental learning paradigm that at best circumscribed a discrete set of observable changes in behavior. However, it delineated neither a discrete set of representational changes nor a discrete cognitive function. I cite this in combination with a reductionist-oriented research agenda in cellular and molecular neurobiology dating back to the 1980s as two sources of the lack of consistency across the history of the experimental and review literature as to what is under study in the water maze. (shrink)

It is widely thought that functionalism and the qualia theory are better positioned to accommodate the ‘affective’ aspect of pain phenomenology than representationalism. In this paper, we attempt to overturn this opinion by raising problems for both functionalism and the qualia theory on this score. With regard to functionalism, we argue that it gets the order of explanation wrong: pain experience gives rise to the effects it does because it hurts, and not the other way around. With regard to the (...) qualia theory, we argue that it fails to capture the sense in which pain 's affective phenomenology rationalises various bodily-directed beliefs, desires, and behaviours. Representationalism, in contrast, escapes both of these problems: it gets the order of explanation right and it explains how pain 's affective phenomenology can rationalise bodily-directed beliefs, desires, and behaviours. For this reason, we argue that representationalism has a significant advantage in the debates about pain 's affective phenomenology. We end the paper by examining objections, including the question of what representationalists should say about so-called ‘disassociation cases’, such as pain asymbolia. (shrink)

A globalized world, some argue, needs a global democracy. But there is considerable disagreement about whether global democracy is an ideal worth pursuing. One of the main grounds for scepticism is captured by the slogan: “No global demos, no global democracy.” The fact that a key precondition of democracy—a demos—is absent at the global level, some argue, speaks against the pursuit of global democracy. The paper discusses four interpretations of the skeptical slogan—each based on a specific account of the notion (...) of “the demos”—and concludes that none of them establishes that the global democratic ideal must be abandoned. In so doing, the paper (i) systematizes different types of objections against global democracy, thus bringing some clarity to an otherwise intricate debate and (ii) offers a robust but qualified defense of the global democratic ideal. (shrink)

Recently, many have argued that there are certain kinds of abstract mathematical explanations that are noncausal. In particular, the irrelevancy approach suggests that abstracting away irrelevant causal details can leave us with a noncausal explanation. In this paper, I argue that the common example of Renormalization Group explanations of universality used to motivate the irrelevancy approach deserves more critical attention. I argue that the reasons given by those who hold up RG as noncausal do not stand up to critical scrutiny. (...) As a result, the irrelevancy approach and the line between casual and noncausal explanation deserves more scrutiny. (shrink)

A prominent view in contemporary political theory, the ‘associative view’, says that duties of justice are triggered by particular cooperative relations between morally significant agents, and that ‘therefore’ principles of justice apply only among fellow citizens. This view has been challenged by advocates of global justice, who point to the existence of a world-wide cooperative network to which principles of justice apply. Call this the challenge from geographical extension. In this paper, I pose a structurally similar challenge to the associative (...) view: the challenge from species extension. This says that the existing network of cooperation extends beyond the human species, to encompass some non-human animals, particularly domesticated dogs. In light of this, if one believes that (i) certain non-human animals are morally significant (i.e. objects of moral concern), and that (ii) justice applies to fellow cooperators, one should also hold that domesticated dogs are owed justice in much the same way our human fellow citizens are. I conclude by considering the implications of this argument for the associative view, and animal-rights theory. (shrink)

This paper offers a critique of an account of explanatory integration that claims that explanations of cognitive capacities by functional analyses and mechanistic explanations can be seamlessly integrated. It is shown that achieving such explanatory integration requires that the terms designating cognitive capacities in the two forms of explanation are stable but that experimental practice in the mind-brain sciences currently is not directed at achieving such stability. A positive proposal for changing experimental practice so as to promote such stability is (...) put forward and its implications for explanatory integration are briefly considered. (shrink)

Optogenetic techniques are described as “revolutionary” for the unprecedented causal control they allow neuroscientists to exert over neural activity in awake behaving animals. In this paper, I demonstrate by means of a case study that optogenetic techniques will only illuminate causal links between the brain and behavior to the extent that their error characteristics are known and, further, that determining these error characteristics requires comparison of optogenetic techniques with techniques having well known error characteristics and consideration of the broader neural (...) and behavioral context in which the targets of optogenetic interventions are situated. (shrink)

While various definitions of moral distress have been proposed, some agreement exists that it results from illegitimate constraints in clinical practice affecting healthcare professionals’ moral agency. If we are to reduce moral distress, instruments measuring it should provide relevant information about such illegitimate constraints. Unfortunately, existing instruments fail to do so. We discuss here several shortcomings of major instruments in use: their inability to determine whether reports of moral distress involve an accurate assessment of the requisite clinical and logistical facts (...) in play, whether the distress in question is aptly characterized as moral, and whether the moral distress reported is an appropriate target of elimination. Such failures seriously limit the ability of empirical work on moral distress to foster appropriate change. (shrink)

Under what conditions does machine learning (ML) model opacity inhibit the possibility of explaining and understanding phenomena? In this article, I argue that nonepistemic values give shape to the ML opacity problem even if we keep researcher interests fixed. Treating ML models as an instance of doing model-based science to explain and understand phenomena reveals that there is (i) an external opacity problem, where the presence of inductive risk imposes higher standards on externally validating models, and (ii) an internal opacity (...) problem, where greater inductive risk demands a higher level of transparency regarding the inferences the model makes. (shrink)

In 2007, ten world-renowned neuroscientists proposed “A Decade of the Mind Initiative.” The contention was that, despite the successes of the Decade of the Brain, “a fundamental understanding of how the brain gives rise to the mind [was] still lacking” (2007, 1321). The primary aims of the decade of the mind were “to build on the progress of the recent Decade of the Brain (1990-99)” by focusing on “four broad but intertwined areas” of research, including: healing and protecting, understanding, enriching, (...) and modeling the mind. These four aims were to be the result of “transdisciplinary and multiagency” research spanning “across disparate fields, such as cognitive science, medicine, neuroscience, psychology, mathematics, engineering, and computer science.” The proposal for a decade of the mind prompted many questions (See Spitzer 2008). In this chapter, I address three of them: (1) How do proponents of this new decade conceive of the mind? (2) Why should a decade be devoted to understanding it? (3) What should this decade look like? (shrink)

Neuroscience is a laboratory-based science that spans multiple levels of analysis from molecular genetics to behavior. At every level of analysis experiments are designed in order to answer empirical questions about phenomena of interest. Understanding the nature and structure of experimentation in neuroscience is fundamental for assessing the quality of the evidence produced by such experiments and the kinds of claims that are warranted by the data. This article provides a general conceptual framework for thinking about evidence and experimentation in (...) neuroscience with a particular focus on two research areas: cognitive neuroscience and cognitive neurobiology. (shrink)

In this paper, we explain and showcase the promising methodology of testimonial network analysis and visualization for experimental epistemology, arguing that it can be used to gain insights and answer philosophical questions in social epistemology. Our use case is the epistemic community that discusses vaccine safety primarily in English on Twitter. In two studies, we show, using both statistical analysis and exploratory data visualization, that there is almost no neutral or ambivalent discussion of vaccine safety on Twitter. Roughly half the (...) accounts engaging with this topic are pro-vaccine, while the other half are con-vaccine. We also show that these two camps rarely engage with one another, and that the con-vaccine camp has greater epistemic reach and receptivity than the pro-vaccine camp. In light of these findings, we question whether testimonial networks as they are currently constituted on popular fora such as Twitter are living up to their promise of delivering the wisdom of crowds. We conclude by pointing to directions for further research in digital social epistemology. (shrink)

In this article, I develop a new account of the liberal view that principles of justice are meant to justify state coercion, and consider its implications for the question of global socioeconomic justice. Although contemporary proponents of this view deny that principles of socioeconomic justice apply globally, on my newly developed account this conclusion is mistaken. I distinguish between two types of coercion, systemic and interactional, and argue that a plausible theory of global justice should contain principles justifying both. The (...) justification of interactional coercion requires principles regulating interstate interference; that of systemic coercion requires principles of global socioeconomic justice. I argue that the proposed view not only helps us make progress in the debate on global justice, but also offers an independently compelling and systematic account of the function and conditions of applicability of justice. -/-. (shrink)

Which standards should we employ to evaluate the global order? Should they be standards of justice or standards of legitimacy? In this article, I argue that liberal political theorists need not face this dilemma, because liberal justice and legitimacy are not distinct values. Rather, they indicate what the same value, i.e. equal respect for persons, demands of institutions under different sets of circumstances. I suggest that under real-world circumstances – characterized by conflicts and disagreements – equal respect demands basic-rights protection (...) and democratic participation, which I here call ‘political justice’. I conclude the article by considering three possible configurations of the global order – the ‘democratic world-state’, ‘independent democratic states’, and ‘mixed’ models – and argue that a commitment to political justice speaks in favour of the latter. (shrink)

In this article, I explain why stabilizing constructs is important to the success of the Research Domain Criteria Project and identify one measure for facilitating such stability.

Issues of reliability are claiming center-stage in the epistemology of machine learning. This paper unifies different branches in the literature and points to promising research directions, whilst also providing an accessible introduction to key concepts in statistics and machine learning – as far as they are concerned with reliability.

What role does the concept of representation play in the contexts of experimentation and explanation in cognitive neurobiology? In this article, a distinction is drawn between minimal and substantive roles for representation. It is argued by appeal to a case study that representation currently plays a role in cognitive neurobiology somewhere in between minimal and substantive and that this is problematic given the ultimate explanatory goals of cognitive neurobiological research. It is suggested that what is needed is for representation to (...) instead play a more substantive role. (shrink)

The orthodox view of anger takes desires for revenge or retribution to be central to the emotion. In this paper, I develop an empirically informed challenge to the retributive view of anger. In so doing, I argue that a distinct desire is central to anger: a desire for recognition. Desires for recognition aim at the targets of anger acknowledging the wrong they have committed, as opposed to aiming for their suffering. In light of the centrality of this desire for recognition, (...) I argue that the retributive view of anger should be abandoned. I consider and dismiss two types of moves that can be made on the part of a proponent of the orthodox view in response to my argument. I propose that a pluralist view, which allows for both retribution and recognition in anger, is to be preferred. (shrink)

One of the distinctive features of the obligation to obey the law is its content-independence. We ought to do what the law commands because the law commands it, and not because of the law's content—i.e., the independent merits of the actions it prescribes. Despite its popularity, the notion of content-independence is marked by ambiguity. In this paper, I first clarify what content-independence is. I then develop a simple test—the “content-independence test”—which allows us to establish whether any candidate justification of the (...) obligation to obey the law delivers genuine content-independence. I apply this test to prominent such justifications and conclude that several of them, surprisingly, fail it. (shrink)

Crime is a serious social problem, but its causes are not exclusively social. There is growing consensus that explaining and preventing it requires interdisciplinary research efforts. Indeed, the landscape of contemporary criminology includes a variety of theoretical models that incorporate psychological, biological and sociological factors. These multi-disciplinary approaches, however, have yet to radically advance scientific understandings of crime and shed light on how to manage it. In this paper, using conceptual tools on offer in the philosophy of science in combination (...) with theoretical work represented in this special volume of Psychology, Crime and Law, I provide some perspective on why explanatory progress in criminology has remained elusive and evaluate some positive proposals for attaining it. -/- . (shrink)

Reference to the state is ubiquitous in debates about global justice. Some authors see the state as central to the justification of principles of justice, and thereby reject their extension to the international realm. Others emphasize its role in the implementation of those principles. This chapter scrutinizes the variety of ways in which the state figures in the global-justice debate. Our discussion suggests that, although the state should have a prominent role in theorizing about global justice, contrary to what is (...) commonly thought, acknowledging this role does not lead to anti-cosmopolitan conclusions, but to the defense of an “intermediate” position about global justice. From a justificatory perspective, we argue, the state remains a key locus for the application of egalitarian principles of justice, but is not the only one. From the perspective of implementation, we suggest that state institutions are increasingly fragile in a heavily interdependent world, and need to be supplemented—though not supplanted—with supranational authorities. (shrink)

Philosophical discussion of human rights has long been monopolised by what might be called the ‘natural-law view’. On this view, human rights are fundamental moral rights which people enjoy solely by virtue of their humanity. In recent years, a number of theorists have started to question the validity of this outlook, advocating instead what they call a ‘political’ view. My aim in this article is to explore the latter view in order to establish whether it constitutes a valuable alternative to (...) the ‘natural-law view’. In particular, I distinguish between three ways in which human rights can be political: in relation to their (1) iudicandum, (2) justification and (3) feasibility constraints. I argue that it makes sense to think of human rights as political in relation to both their iudicandum and their justification but in a way that is not always adequately captured by proponents of the political view. Moreover, I also claim that, if we take the political view seriously, we still need to engage in the sort of abstract moral reasoning that characterises the natural-law approach and which proponents of the political view significantly downplay. (shrink)

Anger is often an appropriate reaction to harms and injustices, but is it a politically beneficial one? Martha Nussbaum (Journal of the American Philosophical Association 1 (1), 41–56, 2015, Anger and Forgiveness. Oxford University Press, 2016) has argued that, although anger is useful in initially recruiting agents for action, anger is typically counterproductive to securing the political aims of those harmed. After the initial shockwave of outrage, Nussbaum argues that to be effective at enacting positive social change, groups and individuals (...) alike, must move quickly out of the state of anger. Feminist theorists (Frye, The Politics of Reality. Crossing Press, 1983; Lorde, 1997; Narayan, Hypatia 3 (2): 31–48, 1988) on the other hand have for long highlighted the efficacy of anger, as well as its moral and epistemic value, in fighting against the oppressive status quo. It might be thought therefore that for political action to be effective, a continued state of anger is preferable. Protestors must after all create and sustain a sense of moral obligation and justice. A main way of doing so is to promote successive moral shocks that trigger outrage (Jasper, Emotion Review 6 (3): 208–213, 2014). I present a novel, empirically informed defense of anger’s efficacy in political action. Nussbaum holds a traditional view on the nature of anger, inherited from Aristotle and the Stoics, which holds that anger constitutively involves a desire for retribution. The view that anger is counterproductive falls out of this and is dominant in academic work as well as in our personal and political lives. Based on work in social psychology, I argue that we need to reconsider this. In doing so, I highlight anger’s aim for recognition, rather than retribution, as key. Furthermore, I uncover conditions for anger’s political efficacy, as well as reasons for why the traditional view of anger has been so pervasive. (shrink)

Arguments over whether emotions and moods are feelings have demonstrated confusion over the concept of a feeling and, in particular, what it is that feelings can—and cannot—do. I argue that the causal and explanatory roles we assign emotions and moods in our theories are inconsistent with their being feelings. Sidestepping debates over the natures of emotions and moods I frame my arguments primarily in terms of what it is emotions, moods and feelings do. I provide an analysis that clarifies the (...) role feelings can play in our psychology that is consistent with current psychological and neurological data. (shrink)

Although the view that sees proper names as referential singular terms is widely considered orthodoxy, there is a growing popularity to the view that proper names are predicates. This is partly because the orthodoxy faces two anomalies that Predicativism can solve: on the one hand, proper names can have multiple bearers. But multiple bearerhood is a problem to the idea that proper names have just one individual as referent. On the other hand, as Burge noted, proper names can have predicative (...) uses. But the view that proper names are singular terms arguably does not have the resources to deal with Burge’s cases. In this paper I argue that the Predicate View of proper names is mistaken. I first argue against the syntactic evidence used to support the view and against the predicativist’s methodology of inferring a semantic account for proper names based on incomplete syntactic data. I also show that Predicativism can neither explain the behaviour of proper names in full generality, nor claim the fundamentality of predicative names. In developing my own view, however, I accept the insight that proper names in some sense express generality. Hence I propose that proper names—albeit fundamentally singular referential terms—express generality in two senses. First, by being used as predicates, since then they are true of many individuals; and second, by being referentially related to many individuals. I respond to the problem of multiple bearerhood by proposing that proper names are polyreferential, and also explain the behaviour of proper names in light of the wider phenomenon I called category change, and show how Polyreferentialism can account for all uses of proper names. (shrink)

There are many different interpretations of what the family should be – its desired member composition, its primary purpose, and its cultural significance – and many different examples of what families actually look like across the globe. I examine the most paradigmatic conceptions of the family that are based upon the supposed primary purpose that the family serves for its members and for the state. I then suggest that we ought to reconceptualize how we understand and define the family in (...) an effort to move away from these paradigmatic conceptions. This approach requires that we examine the way(s) in which the family has been defined descriptively – that is, how families have been defined historically – in an effort to determine what a normative theory of the family might look like. The goal of this inquiry is to define a family in terms of what it ought to be – a goal that moves our understanding of the family to a new conceptual landscape. I then present my own account of familial relations that aims to capture a normative understanding of the unique primary purpose that the family serves for its members. (shrink)

Much contemporary political philosophy claims to be Kant-inspired, but its aims and method differ from Kant's own. In his recent book, Force and Freedom, Arthur Ripstein advocates a more orthodox Kantian outlook, presenting it as superior to dominant (Kant-inspired) views. The most striking feature of this outlook is its attempt to ground the whole of political morality in one right: the right to freedom, understood as the right to be independent of others’ choices. Is Ripstein's Kantian project successful? In this (...) research note I argue that it is not. First, I suggest that Ripstein's notion of freedom is viciously circular. It is meant to ground all rights, but in fact it presupposes an account of those rights. Second, I show that—independently of its inability to ground a whole political morality—such a moralized understanding of freedom is normatively unappealing. (shrink)