The precarious rights of senior citizens, especially those who are highly educated and who are expected to counsel and guide the younger generations, has stimulated the creation internationally of advocacy associations and opinion leader groups. The strength of these groups, however, varies from country to country. In some countries, they are supported and are the focus of intense interest; in others, they are practically ignored. For this is reason we believe that the creation of a network of all these associations (...) is essential. The proposed network would act as a support for the already-existing policies of the United Nations’ High Commission for Human Rights, of independent experts, and of the Global Alliance for the Rights of Older People. All three have long ago recommended the creation of a recognized instrument for uniting presently scattered efforts. The proposed network, therefore, will seek to promote the international exchange of relevant expertise, and it will reinforce the commitments and actions that single countries are currently taking to meet these objectives. For example, informative public events can be organised to promote particular support initiatives and to provide an opportunity for new members of the network to be presented. The network will promote health for senior citizens, disease prevention, senior mobility, safe free time for seniors, alimentary education, protection against new risks and dangers, as well as equity in the services necessary for seniors to adopt new information and communication technologies. In the case of retired academic members, the network will promote equality with respect to continuing use of digital technologies (particularly email), continuing access to research libraries, and the guaranteed ability for seniors to fund their own research programs and to deliver free seminars. (shrink)

According to Mary Midgley, philosophy is like plumbing: like the invisible entrails of an elaborate plumbing system, philosophical ideas respond to basic needs that are fundamental to human life. Melioristic projects in philosophy attempt to fix or reroute this plumbing. An obstacle to melioristic projects is that the sheer familiarity of the underlying philosophical ideas renders the plumbing invisible. Philosophical genealogies aim to overcome this by looking at the origins of our current concepts. We discuss philosophical concepts developed in Indigenous (...) cultures as a source of inspiration for melioristic genealogy. Examining the philosophical concepts of these communities is useful because it gives us a better idea of the range of ethical, political, and metaphysical approaches that exist in the world. Members of western societies do not get a clear view of this range, in part because living in large groups presents its own constraints and challenges, which limit philosophical options. We argue that features of Indigenous philosophies, such as egalitarianism and care for one's natural environment, are not inevitable byproducts of Native material conditions and lifestyles, but that they are deliberate forms of conceptual engineering. We propose that comparative philosophy is an integral part of the genealogical project. -/- . (shrink)

The Black woman has always been portrayed in clichéd images in the white media, stereotyping them in a racist and sexist manner. In Black Women Image Makers, Mary Helen Washington dwells upon such unfair portrayals as the tragic mulatto, the hot blooded exotic whore and the strong Black Mammy. And this is probably why the black mother frequently appears in literature as a figure of towering strength. In Zora Neale Hurston’s Their Eyes Were Watching God (1937), an old grandmother, a (...) former slave, accurately describes her position in this society: "De nigger woman is de mule uh de world so fur as Ah can see". The black mother is not a woman with power, not a liberated woman, but a mule, picking up the burdens that everyone else has thrown down and refused to carry. To outsiders, the Negro mother appears to be the one-dimensional Rock of Gibraltar – strong of back, long of arm, incapable of destruction. The proposed paper would study the black mothers as portrayed in Alice Walker’s novels, The Third Life of Grange Copeland and Meridian. To Walker, the Black mother is an individual – profound, tragic, mysterious, sacred, and unfathomable – strong in many, but not in all ways. She claims that the assertion of the black mother as a superwoman is a myth, and she feels that the black mother isn’t always strong. A black man does have a history of ignoring his responsibilities, but the black mother has had no choice in any matter; she has had to pick up the burdens that no one else would carry. In her fiction, Walker introduces the real-feeling, caring, uncaring, disappointed, indifferent black mother to the world. (shrink)

This paper identifies, develops, and argues for an interpretation of Mary Astell’s understanding of self-government. On this interpretation, what is essential to self-government, according to Astell, is an agent’s responsiveness to her own reasoning. The paper identifies two aspects of her theory of self-government: an ‘authenticity’ criterion of what makes our motives our own and an account of the capacities required for responsiveness to our own reasoning. The authenticity criterion states that when our motives arise from some external source without (...) validation by our own understanding of the reasons supporting them, then they are not our own. The capacities requisite for responsiveness to our own reasoning are those of examining and evaluating our own motives and of resisting the social pressure to conform to others’ opinions. An upshot of this interpretation of Astell’s theory of self-government is that it reveals her insights into the ways ‘custom’ can undermine an individual’s ability to govern oneself. (shrink)

This paper presents a dilemma which it has been alleged by Kim Frost must be faced by any defender of the notion of a two-way power and offers a solution to the dilemma which is distinct from Frost’s own. The dilemma is as follows: assuming that powers are to be individuated by what they are powers to do or undergo, then either there is a unified description of the manifestation-type which individuates the power, or there is not. If there is, (...) then two-way powers are revealed really to be one-way powers, after all. If there is not, then it is difficult to explain why the two-way power does not simply dissolve into a mere combination of two one-way powers. The paper offers an account of what a two-way power is that is distinct from the one Frost takes for granted, and argues that this different conception is the key to avoiding the dilemma. It is also argued that this alternative conception has several further advantages over its rival and also that it has no less of a claim than Frost’s notion to be prefigured in Aristotle’s original discussion. (shrink)

This paper defends a substance-based metaphysics for organisms against three arguments for thinking that we should replace a substantial understanding of living things with a processual one, which are offered by Dan Nicholson and John Dupré in their edited collection,Everything Flows: Towards a Processual Philosophy of Biology(Oxford: Oxford University Press, 2018). Dupré and Nicholson consider three main empirical motivations for the adoption of a process ontology in biology. These motivations are alleged to stem from facts concerning (i) metabolism; (ii) the (...) life cycles of organisms; and (iii) ecological interdependence. The paper discusses each of the three arguments in turn and concludes that none gives us any compelling reason to abandon the metaphysics of things. At best, they are arguments against a kind of caricature substance metaphysics that ought never to have been in the running in any case. Then, at the end of the paper, it is suggested that there may be more positive arguments for insisting on retaining things in our metaphysics, arguments which, perhaps ironically (given the opposed standpoint ofEverything Flows) get their main impetus from the phenomenon of life. (shrink)

Many criminal offenders come from disadvantaged backgrounds, which punishment entrenches. Criminal culpability explains some disadvantageous treatment in state-offender interactions; yet offenders remain people, and ‘some mother’s child’, in Eva Kittay’s terms. Offending behaviour neither erases needs, nor fully excuses our responsibility for offenders’ needs. Caring is demanded in principle, recognising the offender’s personhood. Supporting offenders may amplify welfare resources: equipping offenders to provide self-care; to meet caring responsibilities; and enabling offenders’ contribution to shared social life, by providing support and furthering (...) the choices of others seeking to engage with them. The desistance paradigm (viewing desistance from offending as a process, following from an offender’s active choice in the context of stabilising social structures and personal circumstances), implies that a supportive environment may facilitate reduced recidivism. While decisions about criminal culpability need justice, we may use state resources most effectively by also including care ethics in our thinking about punishment. (shrink)

Humean compatibilism is the combination of a Humean position on laws of nature and the thesis that free will is compatible with determinism. This article's aim is to situate Humean compatibilism in the current debate among libertarians, traditional compatibilists, and semicompatibilists about free will. We argue that a Humean about laws can hold that there is a sense in which the laws of nature are 'up to us' and hence that the leading style of argument for incompatibilism?the consequence argument?has a (...) false premiss. We also display some striking similarities between Humean compatibilism and libertarianism, an incompatibilist view. For example, standard libertarians face a problem about luck, and we show that Humean compatibilists face a very similar problem. (shrink)

Some bemoan the incivility of our times, while others complain that people have grown too quick to take offense. There is widespread disagreement about what counts as an insult and when it is appropriate to feel insulted. Here I propose a definition and a preliminary taxonomy of insults. Namely, I define insults as expressions of a lack of due regard. And I categorize insults by whether they are intended or unintended, acts or omissions, and whether they cause offense or not. (...) Unintended insults are of particular concern since greater understanding may help us to avoid them. And insults by omission warrant special consideration because they suggest an interesting extension of Grice’s theory of conversational implicature. (shrink)

In this paper Beebee argues that the problem of induction, which she describes as a genuine sceptical problem, is the same for Humeans than for Necessitarians. Neither scientific essentialists nor Armstrong can solve the problem of induction by appealing to IBE, for both arguments take an illicit inductive step.

In her ‘Causality and Determination’, Anscombe argues for the strong thesis that despite centuries of philosophical assumption to the contrary, the supposition that causality and necessity have something essential to do with one another is baseless. In this paper, I assess Anscombe’s arguments and endorse her conclusion. I then attempt to argue that her arguments remain highly relevant today, despite the fact that most popular general views of causation today are firmly probabilistic in orientation and thus show no trace of (...) the assumptions Anscombe hoped to undermine. My suggestion is that Anscombe's interests in causality are distinct from those which mostly animate the modern debate about the general nature of causality and that in those specialized areas of philosophy in which those concerns still dominate, one can still see the effects of the fallacies and confusions to which she alerts us. I conclude by offering two possible complementary explanations of the tendency to suppose that causation is a variety of necessitation. (shrink)

This paper argues that public statues of persons typically express a positive evaluative attitude towards the subject. It also argues that states have duties to repudiate their own historical wrongdoing, and to condemn other people’s serious wrongdoing. Both duties are incompatible with retaining public statues of people who perpetrated serious rights violations. Hence, a person’s being a serious rights violator is a sufficient condition for a state’s having a duty to remove a public statue of that person. I argue that (...) this applies no less in the case of the ‘morally ambiguous’ wrongdoer, who both accomplishes significant goods and perpetrates serious rights violations. The duty to remove a statue is a defeasible duty: like most duties, it can be defeated by lesser-evil considerations. If removing a statue would, for example, spark a violent riot that would risk unjust harm to lots of people, the duty to remove could be outweighed by the duty not to foreseeably cause unjust harm. This would provide a lesser-evil justification for keeping the statue. But it matters that the duty to remove is outweighed, rather than negated, by these consequences. Unlike when a duty is negated, one still owes something in cases of outweighing. And it especially matters that it is outweighed by the predicted consequences of wrongful behaviour by others. (shrink)

Epistemic peer disagreement raises interesting questions, both in epistemology and in philosophy of science. When is it reasonable to defer to the opinion of others, and when should we hold fast to our original beliefs? What can we learn from the fact that an epistemic peer disagrees with us? A question that has received relatively little attention in these debates is the value of epistemic peer disagreement—can it help us to further epistemic goals, and, if so, how? We investigate this (...) through a recent case in paleoanthropology: the debate on the taxonomic status of Homo floresiensis remains unresolved, with some authors arguing the fossils represent a novel hominin species, and others claiming that they are Homo sapiens with congenital growth disorders. Our examination of this case in the recent history of science provides insights into the value of peer disagreement, indicating that it is especially valuable if one does not straightaway defer to a peer’s conclusions, but nevertheless remains open to a peer’s evidence and arguments. (shrink)

This paper considers the analogies and disanalogies between a certain sort of argument designed to oppose scepticism about free will and a certain sort of argument designed to oppose scepticism about the external world. In the case of free will, I offer the ancient Lazy Argument and an argument of my own, which I call the Agency Argument, as examples of the relevant genre; and in the case of the external world, I consider Moore’s alleged proof of an external world. (...) I draw attention to analogies and disanalogies between the arguments offered in each case in order to suggest that although the Agency Argument shares with its Moorean relative the unfortunate property of being dialectically ineffective against some of those it is mainly hoping to convince, it will not be dialectically ineffective against all of them. It is also argued that the Agency Argument is less vulnerable than Moore’s proof to worries about its justificatory structure. (shrink)

This paper analyzes what it means for philosophy of science to be normative. It argues that normativity is a multifaceted phenomenon rather than a general feature that a philosophical theory either has or lacks. It analyzes the normativity of philosophy of science by articulating three ways in which a philosophical theory can be normative. Methodological normativity arises from normative assumptions that philosophers make when they select, interpret, evaluate, and mutually adjust relevant empirical information, on which they base their philosophical theories. (...) Object normativity emerges from the fact that the object of philosophical theorizing can itself be normative, such as when philosophers discuss epistemic norms in science. Metanormativity arises from the kind of claims that a philosophical theory contains, such as normative claims about science as it should be. Distinguishing these three kinds of normativity gives rise to a nuanced and illuminating view of how philosophy of science can be normative. (shrink)

The paper considers whether psychiatric kinds can be natural kinds and concludes that they can. This depends, however, on a particular conception of ‘natural kind’. We briefly describe and reject two standard accounts – what we call the ‘stipulative account’ (according to which apparently a priori criteria, such as the possession of intrinsic essences, are laid down for natural kindhood) and the ‘Kripkean account’ (according to which the natural kinds are just those kinds that obey Kripkean semantics). We then rehearse (...) a more permissive account: Richard Boyd’s ‘homeostatic property cluster’ (HPC) account. We argue that psychiatric kinds can in principle count as natural kinds on the HPC account. Moreover, specific psychiatric kinds (Tourette’s, schizophrenia, etc.) can be natural kinds even if the category psychiatric disorder is not itself a natural kind. (shrink)

This paper argues, by attention to the category of sub-intentional agency, that many conceptions of the nature of agency are 'over-mentalised', in that they insist that an action proper must be produced by something like an intention or a reason or a desire. Sub-intentional actions provide counterexamples to such conceptions. Instead, it is argued, we should turn to the concept of a two-way power in order to home in on the essential characteristics of actions.

The “principle of double effect” is a vital tool for moral decision making and is applicable to all areas of medical practice, including (for example) end-of-life care, transplant medicine, and cases of conscientious objection. Both our ultimate and our more immediate intentions are relevant in making and evaluating choices— though side effects must be kept proportionate and can be morally conclusive when linked with some intentions. Intentions help to form the character of doctors, and of human beings generally. While hypocrisy (...) is certainly possible in regard to this form (and other forms) of moral reasoning, double effect reasoning, sincerely practised, remains indispensable in identifying moral problems and solutions. (shrink)

This Element examines what we can learn from religious disagreement, focusing on disagreement with possible selves and former selves, the epistemic significance of religious agreement, the problem of disagreements between religious experts, and the significance of philosophy of religion. Helen De Cruz shows how religious beliefs of others constitute significant higher-order evidence. At the same time, she advises that we should not necessarily become agnostic about all religious matters, because our cognitive background colors the way we evaluate evidence. This allows (...) us to maintain religious beliefs in many cases, while nevertheless taking the religious beliefs of others seriously. (shrink)

L’histoire de la pensée sémiotique se caractérise par une oscillation entre définition large et définition étroite de son objet. Au Moyen Âge, la définition augustinienne du signe est jugée trop étroite, car elle ne concerne que le signe sensible. De nouvelles définitions tentent alors de faire des concepts des signes qui renvoient aux choses. L’Âge moderne, au contraire, affirme une volonté de rétrécissement à l’égard de la notion de signe. Cet article montrera les caractéristiques d’une telle réflexion sémiotique à travers (...) deux auteurs représentatifs d’un premier empirisme moderne : Pierre Gassendi et Thomas Hobbes. Le retour à une sémiotique étroite s’effectue par la référence aux traditions stoïcienne, sceptique et épicurienne, ainsi qu’à un Aristote renouvelé, et par une prédilection affichée pour la valeur indiciaire du signe par rapport à sa valeur sémantique. Ceci veut dire que les empiristes vont insister avant tout sur la fonction remémorative du signe et sur sa valeur de probabilité. L’indice en tant que trace sera ainsi privilégié par rapport au signe communicationnel, et il s’agira d’en défendre la validité en tant qu’il s’inscrit dans une échelle de certitude, au sommet de laquelle se situe la preuve. (shrink)

Biological sex should be “acknowledged” and “accepted”—but which responses to gender dysphoria might this preclude? Trans-identified people may factually acknowledge their biological sex and regard transition as purely palliative. While generally some level of self-deception and even a high level of nonlying deception of others are sometimes justified, biological sex is important, and there is a nontrivial onus against even palliative, nonsexually motivated cross-dressing. The onus is higher against co-opting the body, even in a minor and/or reversible way, to make (...) a false communication concerning one’s sex. Hardest to defend is the destruction of sexual–reproductive functions and causally downstream functions such as lactation: due to the transcendent nature of sexual–reproductive functions, an appeal to the “principle of totality” here is misplaced. This is not to say that social, and milder medical, transition is absolutely excluded even for severe unmanageable dysphoria, nor that subsequent to any transition, detransition is necessarily required. (shrink)

This paper examines the role of prestige bias in shaping academic philosophy, with a focus on its demographics. I argue that prestige bias exacerbates the structural underrepresentation of minorities in philosophy. It works as a filter against (among others) philosophers of color, women philosophers, and philosophers of low socio-economic status. As a consequence of prestige bias our judgments of philosophical quality become distorted. I outline ways in which prestige bias in philosophy can be mitigated.

In this paper, I explore the question what a continuant is, in the context of a very interesting suggestion recently made by Rowland Stout, as part of his attempt to develop a coherent ontology of processes. Stout claims that a continuant is best thought of as something that primarily has its properties at times, rather than atemporally—and that on this construal, processes should count as continuants. While accepting that Stout is onto something here, I reject his suggestion that we should (...) accept that processes are both occurrents and continuants; nothing, I argue, can truly occur or happen, which does not have temporal parts. I make an alternative suggestion as to how one might deal with the peculiar status of processes without jettisoning a very natural account of occurrence; and assess the consequences for the category of continuant. (shrink)

Singularists about causation often claim that we can have experiences as of causation. This paper argues that regularity theorists need not deny that claim; hence the possibility of causal experience is no objection to regularity theories of causation. The fact that, according to a regularity theorist, causal experience requires background theory does not provide grounds for denying that it is genuine experience. The regularity theorist need not even deny that non-inferential perceptual knowledge of causation is possible, despite the fact that (...) such knowledge would sometimes allow us to make inferences about what happens in far-off places and times. (shrink)

According to ‘regularity theories’ of causation, the obtaining of causal relations depends on no more than the obtaining of certain kinds of regularity. Regularity theorists are thus anti-realists about necessary connections in nature. Regularity theories of one form or another have constituted the dominant view in analytic Philosophy for a long time, but have recently come in for some robust criticism, notably from Galen Strawson. Strawson’s criticisms are natural criticisms to make, but have not so far provoked much response from (...) regularity theorists. The paper considers and rebuts Strawson’s objections. For example, Strawson claims that if there were no necessary connections in nature, we ought continually to find the regularity of the Universe surprising. I argue that the fact that the Universe is regular is something we take ourselves (fallibly) to know, and hence, in the light of this knowledge, its continued orderliness is not at all surprising. -/- . (shrink)

According to common-sense morality, agents can become morally connected to the wrongdoing of others, such that they incur special obligations to prevent or rectify the wrongs committed by the primary wrongdoer. We argue that, under certain conditions, voluntary and unjustified observation of another agent’s degrading wrongdoing, or of the ‘product’ of their wrongdoing, can render an agent morally liable to bear costs for the sake of the victim of the primary wrong. We develop our account with particular reference to widespread (...) modern phenomena such as so-called ‘revenge porn’, ‘up-skirting’, and the online observation of sexual assault and murder. On our account, observation is not a sui generis basis of liability. Instead, observation grounds liability in virtue of manifesting three, more general, grounds of liability. First, observation can compound a primary wrong, making that wrong more harmful for the victim. Second, observation can constitute degrading treatment of the victim. Third, in certain cases observation can enable primary wrongdoing. We conclude by discussing the conditions under which observing degrading wrongs might be morally justified. (shrink)

In a recent paper, Michael Huemer provides a new interpretation for ‘N’, the operator that occurs in Peter van Inwagen’s Consequence Argument, and argues that, given that interpretation, the Consequence Argument is sound. I have no quarrel with Huemer’s claim that the Consequence Argument is valid. I shall argue instead that his defense of its premises—a defense that allegedly involves refuting David Lewis’s response to van Inwagen—is unsuccessful.

As the author of A Metaphysics for Freedom (Oxford: Oxford University Press, 2012), I respond to each of the preceding eight papers in this Special Issue.

The term “value of life” can refer to life’s intrinsic dignity: something nonincremental and time-unaffected in contrast to the fluctuating, incremental “value” of our lives, as they are longer or shorter and more or less flourishing. Human beings are equal in their basic moral importance: the moral indignities we condemn in the treatment of e.g. those with dementia reflect the ongoing human dignity that is being violated. Indignities licensed by the person in advance remain indignities, as when people might volunteer (...) their living, unconscious bodies for surrogacy or training in amputation techniques. Respect for someone’s dignity is significantly impacted by a failure to value that person’s very existence, whatever genuine respect and good will is shown by wanting the person’s life to go well. Valuing and respecting life is not, however, vitalism: there can be good and compelling reasons for eschewing some means of prolonging life. (shrink)

Howard’s moral fortification theory of criminal punishment lends itself to justifying correction for children in schools that is supportive. There are good reasons to include other students in the learning opportunity occasioned by doing right in response to wrong, which need not exploit the wrongdoing student as a mere means. Care ethics can facilitate restorative and problem-solving approaches to correction. However, there are overriding reasons against doing so when this stigmatises the wrongdoing student, since this inhibits their learning. Responses that (...) avoidably stigmatise students impermissibly undermine both the developmental ethos of education, and students’ recognition and respect for each other as equals. (shrink)

Introduction to genericity in the nominal, verbal and sentential domain.

This article takes up the idea of language as a home and dwelling, and reconsiders what this might mean in the context of diasporic bilingualism – where as a ‘heritage speaker’ of a minority language, the ‘mother tongue’ may be experienced as both deeply familiar yet also alien or alienating. Drawing on a range of philosophical and literary accounts (Cassin, Arendt, Anzaldúa, Vuong, among others), this article explores how the so-called ‘mother tongue’ is experienced by heritage speakers in an English-dominant (...) world. From navigating one’s being in-between language-worlds, to the experience of language loss and efforts of reconnection, I argue that bilingual dwelling involves many complex layers often overlooked by philosophical accounts of language that do not attend to the lived world of the migrant and racialised outsider. By turning to the example of bilingual parenting, I then examine how such an undertaking, while labour-intensive, offers opportunities to refresh and co-create language-worlds anew. (shrink)

Is the “act itself” of separating a pregnant woman and her previable child neither good nor bad morally, considered in the abstract? Recently, Maureen Condic and Donna Harrison have argued that such separation is justified to protect the mother’s life and that it does not constitute an abortion as the aim is not to kill the child. In our article on maternal–fetal conflicts, we agree there need be no such aim to kill (supplementing aims such as to remove). However, we (...) argue that to understand “abortion” as performed only where the death of the child is intended is to define the term too narrowly. Respect for the mother, the fetus, and the bond between them goes well beyond avoiding any such aim. We distinguish between legitimate maternal treatments simply aimed at treating or removing a damaged part of the woman and illegitimate treatments that focus harmfully on the fetal body and its presence within the mother’s body. In obstetrics as elsewhere, not all side effects for one subject of intervention can be outweighed by intended benefits for another. Certain side effects of certain intended interventions are morally conclusive. (shrink)

In this article, I extend the feminist use of Friedrich Nietzsche’s account of memory and forgetting to consider the contemporary externalization of memory foregrounded by transgender experience. Nietzsche’s On the Genealogy of Morals argues that memory is “burnt in” to the forgetful body as a necessary part of subject-formation and the requirements of a social order. Feminist philosophers have employed Nietzsche’s account to illuminate how gender, as memory, becomes embodied. While the account of the “burnt in” repetitions of gender allows (...) us to theorize processes of embodied identity on an individual level, analyzing gender today requires also accounting for how gender is externalized. I take up this question through the specific examples of identity documents and sex-segregated bathrooms. Returning to Nietzsche’s call to practice a resistant forgetting, I conclude by exploring the distinct strategies required to disrupt externalized memory. These strategies include contesting the use of past gender assignments in data collection and rewriting architectural reminders of gender. (shrink)

Hume's two definitions of causation have caused an extraordinary amount of controversy. The starting point for the controversy is the fact, well known to most philosophy undergraduates, that the two definitions aren't even extensionally equivalent, let alone semantically equivalent. So how can they both be definitions? One response to this problem has been to argue that Hume intends only the first as a genuine definition—an interpretation that delivers a straightforward regularity interpretation of Hume on causation. By many commentators' lights, however, (...) this is a bug rather than a feature: such an account of the two definitions leaves necessary connection out of Hume's story about the meaning of "cause" .. (shrink)

The voices of children and young people have been largely neglected in discussions of the extent to which the internet takes into account their needs and concerns. This paper aims to highlight young people’s lived experiences of being online.

In a recent paper (Bird 2001), Alexander Bird argues that the law that common salt dissolves in water is metaphysically necessary - and he does so without presupposing dispositionalism about properties. If his argument were sound, it would thus show that at least one law of nature is meta- physically necessary, and it would do so without illicitly presupposing a position (dispositionalism) that is already committed to a necessitarian view of laws. I shall argue that Bird's argument is unsuccesful.

Background: Mental health professionals working in correctional contexts engage a double role to care and control. This dual loyalty conflict has repeatedly been criticized to impede the development of a high-quality alliance. As therapeutic alliance is a robust predictor of outcome measures of psychotherapy, it is essential to investigate the effects of this ethical dilemma. Methods: This qualitative interview study investigates patients’ perceptions of their therapists’ dual role conflict in court-mandated treatment settings. We interviewed 41 older incarcerated persons using a (...) semi-structured interview guide, the interviews were subsequently analyzed following thematic analysis. Results: We first present the patients’ perceptions of their treating psychotherapist’s dual loyalty conflict, which was linked to their overall treatment experience. In a second step, we outline the study participants’ reasons for this judgment, which were most commonly linked to feelings of trust or betrayal. More specifically, they named certain therapist characteristics and activities that enabled them to develop a trustful therapeutic alliance, which we grouped into four topics: respecting the patient’s pace and perceived coercion; patient health needs to be first priority; clarity in roles and responsibilities; and the art of communication – between transparency and unchecked information sharing. Discussion: Developing a high quality alliance in mandatory offender treatment is central due to its relationship with recovery and desistance. Our findings show that some therapists’ characteristics and activities attenuate the negative impact of their double role on the development and maintenance of the alliance. To increase the effectiveness of court-mandated treatments, we need to support clinicians in dealing with their dual role to allow the formation of a high quality therapeutic alliance. Our qualitative interview study contributed to this much-needed empirical research on therapist’ characteristics promoting a trustful relationship in correctional settings. (shrink)