This paper is founded on the assumption that Philippine Studies has five different discouses: 1) Philippine studies as a neutral discourse; 2) colonial Philippine studies as a discourse that is based on western power and reinforces such power; 3) generic postcolonial Philippine studies as a discourse that critiques western hegemony; 4) Pilipinolohiya as a specific postcolonial discourse that was inaugurated by Prospero Covar; and 5) pantayong pananaw as another specific postcolonial discourse that was inaugurated by Zeus Salazar. Malay Journal, on (...) the other hand, is a scholarly periodical intended for researchers in the field of Philippine studies who use the Filipino language. Currently, it is the most respected journal that is exclusively published in Filipino language, based on the fact that it is accredited by the Commission on Higher Education and listed in a number of international abstracting and indexing organizations. This paper intends to establish which among these five discourses of Philippine studies is the most dominant in as far as the articles of the said journal are concerned. In order to attain such goal, this paper analyzed 50% random sample of the articles that were published from 2011, when the journal had completed its shift towards Philippine studies, up to 2015, the present complete year of publication for the said journal. (shrink)

Some stories of moral exemplars motivate us to emulate their admirable attitudes and behaviors, but why do some exemplars motivate us more than others? We systematically studied how motivation to emulate is influenced by the similarity between a reader and an exemplar in social or cultural background (Relatability) and how personally costly or demanding the exemplar’s actions are (Attainability). Study 1 found that university students reported more inspiration and related feelings after reading true stories about the good deeds of a (...) recent fellow alum, compared to a famous moral exemplar from decades past. Study 2A developed a battery of short moral exemplar stories that more systematically varied Relatability and Attainability, along with a set of non-moral exemplar stories for comparison. Studies 2B and 2C examined the path from the story type to relatively low stakes altruism (donating to charity and intentions to volunteer) through perceived attainability and relatability, as well as elevation and pleasantness. Together, our studies suggest that it is primarily the relatability of the moral exemplars, not the attainability of their actions, that inspires more prosocial motivation, at least regarding acts that help others at a relatively low cost to oneself. (shrink)

Socioeconomic status refers to the family's social and economic standing in society. It is measured by combining an individual or group's economic and social position, which is often based on income, education, and occupation. It significantly affects academic performance and even one's health status. The pandemic changed the educational system, causing a huge transition from traditional learning methods to online learning. This shift resulted in confusion, burden, and difficulty among students from different walks of life. This study was conducted to (...) determine the academic stress on online learning among nursing students in relation to their economic status and their ability to access technology. The study utilized a quantitative-correlational method aided by a standard questionnaire. Two hundred thirty-six University of Bohol nursing students enrolled in the second semester of SY 2021–2022 were included in the study by random selection. Data revealed a significant correlation between economic status and the level of stress related to academic expectations and a significant correlation between economic status and access to technology after being subjected to the Spearman rho test of correlation. However, no significant correlation was found between access to technology and the respondents' level of academic stress. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 2, Page 165-189, May 2022. It is generally acknowledged that a certain amount of state intervention in health and health care is needed to address the significant market failures in these sectors; however, it is also thought that the primary rationale for state involvement in health must lie elsewhere, for example in an egalitarian commitment to equalizing access to health care for all citizens. This paper argues that a complete theory of justice in (...) health can be derived from a commitment to correcting market failure, or in other words promoting Pareto-efficiency, in the domain of health. This approach can address familiar problems around access to care, as well as problems related to resource allocation and rationing, the control of health care costs, and the foundations of public health. Egalitarian theories of justice in health cannot make sense of the depth and pervasiveness of state involvement in health and health care; only a theory rooted in the need to correct market failure can. (shrink)

Moral reasoning traditionally distinguishes two types of evil: moral and natural. The standard view is that ME is the product of human agency and so includes phenomena such as war, torture and psychological cruelty; that NE is the product of nonhuman agency, and so includes natural disasters such as earthquakes, floods, disease and famine; and finally, that more complex cases are appropriately analysed as a combination of ME and NE. Recently, as a result of developments in autonomous agents in cyberspace, (...) a new class of interesting and important examples of hybrid evil has come to light. In this paper, it is called artificial evil and a case is made for considering it to complement ME and NE to produce a more adequate taxonomy. By isolating the features that have led to the appearance of AE, cyberspace is characterised as a self-contained environment that forms the essential component in any foundation of the emerging field of Computer Ethics. It is argued that this goes some way towards providing a methodological explanation of why cyberspace is central to so many of CE’s concerns; and it is shown how notions of good and evil can be formulated in cyberspace. Of considerable interest is how the propensity for an agent’s action to be morally good or evil can be determined even in the absence of biologically sentient participants and thus allows artificial agents not only to perpetrate evil but conversely to ‘receive’ or ‘suffer from’ it. The thesis defended is that the notion of entropy structure, which encapsulates human value judgement concerning cyberspace in a formal mathematical definition, is sufficient to achieve this purpose and, moreover, that the concept of AE can be determined formally, by mathematical methods. A consequence of this approach is that the debate on whether CE should be considered unique, and hence developed as a Macroethics, may be viewed, constructively, in an alternative manner. The case is made that whilst CE issues are not uncontroversially unique, they are sufficiently novel to render inadequate the approach of standard Macroethics such as Utilitarianism and Deontologism and hence to prompt the search for a robust ethical theory that can deal with them successfully. The name Information Ethics is proposed for that theory. It is argued that the uniqueness of IE is justified by its being non-biologically biased and patient-oriented: IE is an Environmental Macroethics based on the concept of data entity rather than life. It follows that the novelty of CE issues such as AE can be appreciated properly because IE provides a new perspective. In light of the discussion provided in this paper, it is concluded that Computer Ethics is worthy of independent study because it requires its own application-specific knowledge and is capable of supporting a methodological foundation, Information Ethics. (shrink)

I defend a one category ontology: an ontology that denies that we need more than one fundamental category to support the ontological structure of the world. Categorical fundamentality is understood in terms of the metaphysically prior, as that in which everything else in the world consists. One category ontologies are deeply appealing, because their ontological simplicity gives them an unmatched elegance and spareness. I’m a fan of a one category ontology that collapses the distinction between particular and property, replacing it (...) with a single fundamental category of intrinsic characters or qualities. We may describe the qualities as qualitative charactersor as modes, perhaps on the model of Aristotelian qualitative (nonsubstantial) kinds, and I will use the term “properties” interchangeably with “qualities”. The qualities are repeatable and reasonably sparse, although, as I discuss in section 2.6, there are empirical reasons that may suggest, depending on one’s preferred fundamental physical theory, that they include irreducibly intensive qualities. There are no uninstantiated qualities. I also assume that the fundamental qualitative natures are intrinsic, although physics may ultimately suggest that some of them are extrinsic. On my view, matter, concrete objects, abstract objects, and perhaps even spacetime are constructed from mereological fusions of qualities, so the world is simply a vast mixture of qualities, including polyadic properties (i.e., relations). This means that everything there is, including concrete objects like persons or stars, is a quality, a qualitative fusion, or a portion of the extended qualitative fusion that is the worldwhole. I call my view mereological bundle theory. (shrink)

This discussion revises and extends Jonny Anomaly's ‘public goods’ account of public health ethics in light of recent criticism from Richard Dees. Public goods are goods that are both non-rival and non-excludable. What is significant about such goods is that they are not always provided efficiently by the market. Indeed, the state can sometimes realize efficiency gains either by supplying such goods directly or by compelling private purchase. But public goods are not the only goods that the market may fail (...) to provide efficiently. This point to a way of broadening the public goods account of public health to accommodate Dees' counterexamples, without abandoning its distinctive appeal. On the market failures approach to public health ethics, the role of public health is to correct public health-related market failures of all kinds, so far as possible. The underlying moral commitment is to economic efficiency in the sense of Pareto: if we can re-allocate resources in the economy so as to raise the welfare of some without lowering the welfare of any other, we ought to do so. (shrink)

Robert (Robby) P. Tangtingco’s article was called Bergaño’s dictionary “a work of art” in Lost and Found in Translation in the 18th century. The first thing that they observed is the various dialects or languages used by their countrymen. They were assigned to different regions of the Philippines, and one of them was Fray Diego Bergaño. He was designated to Pampanga where he successfully produced a Kapampangan dictionary called “Arte dela Lengua Pampanga”. From the stated dictionary, the reseacher look for (...) words that were related to food due to the reason that Pampanga is known for its mouthwatering food and delicacies. The dictionary was used as a reference for the translation to the English language. Moreover, various dictionaries were used to look for their translated Filipino language. Due to the rapid changes and modernization, loyalty and love to our own country, specifically language, is slowly fading and dying. With this, the researcher continued the study following the due process. First, she looked for each word related to food in Bergaño’s dictionary. Second, she categorized each food according to rice,grains, seafood, edible animal or insect, fruits and vegetable, herbs, cooking utensils, the process of cooking and preparing food, Pampanga’s delicacies and food, and other terminologies that are related to food. Next, six respondents from Pampanga were invited to join a Zoom meeting. They were asked if which among the words listened to were related to food. Furthermore, the researcher sought if the words used are still being applied or not nowadays. (shrink)

In this essay I explore the encounter between religion and music via ideas taken from Olivier Messiaen. I first present his categorization of music and the concepts of sound-colour and dazzlement as the 'directional meaning' of music. I then show how Messiaen relates this to the phenomena of natural resonance and afterimages, and based on this, I present-via Goethe and Rudolf Steiner-the notion of an etheric, evanescent or incorporeal matter. This understanding and experience of matter is then brought to bear (...) on music. In this context the notion of a 'religious experience' can be understood as both referring to content and sentiment related to a religious belief, and, in a more general sense of 'religare' (to bind), as a deeper bond with the material-temporal flow of nature. This gives way to a Johannine vision of Messiaen's musical thinking where the creative-sounding Logos or 'word' is both spirit and matter, and where music may represent a potential awakening to this reality. (shrink)

In Mengzi 6A4, Gaozi states that “yì 義 (propriety, rightness) is external, not internal.” In 6A5, Meng Jizi says of yì that “...it is on the external, not from the internal.” Their defenses are met with Mengzi’s resistance. What does he perceive and resist in these statements? Focusing on several key passages, I compare six promising interpretations. 6A4 and a relevant part of 2A2 can be rendered comparably sensible under each of the six. However, what Gaozi says in 6A1 clearly (...) is evidence to Mengzi that, of the six views, Gaozi holds three although he does not convey them in his statement. As for Meng Jiz’s defense of his statement, Meng Jizi cites a special occasion where one is required to act one way even though one would feel a different way. Mengzi’s response has been traditionally interpreted as boiling down to a dissenting opinion about empirical psychology, that the agent on that special occasion would in fact feel the same way as they ought to act. But on a more charitable reading, the point Mengzi makes is conceptual: Though the satisfaction of yì may not require that the feeling and the act align perfectly in this case, cases where the alignment obtains are conceptually prior. This not only refutes Meng Jizi’s statement but also enables a more elegant explanation of why the Mengzi rightly has no record of Mengzi affirming that yì is internal. I conclude that 6A5 itself uniquely favors one interpretation, as far as Meng Jizi’s position is concerned: How one feels is irrelevant to whether one satisfies yì. (shrink)

When do probability distribution functions (PDFs) about future climate misrepresent uncertainty? How can we recognise when such misrepresentation occurs and thus avoid it in reasoning about or communicating our uncertainty? And when we should not use a PDF, what should we do instead? In this paper we address these three questions. We start by providing a classification of types of uncertainty and using this classification to illustrate when PDFs misrepresent our uncertainty in a way that may adversely affect decisions. We (...) then discuss when it is reasonable and appropriate to use a PDF to reason about or communicate uncertainty about climate. We consider two perspectives on this issue. On one, which we argue is preferable, available theory and evidence in climate science basically excludes using PDFs to represent our uncertainty. On the other, PDFs can legitimately be provided when resting on appropriate expert judgement and recognition of associated risks. Once we have specified the border between appropriate and inappropriate uses of PDFs, we explore alternatives to their use. We briefly describe two formal alternatives, namely imprecise probabilities and possibilistic distribution functions, as well as informal possibilistic alternatives. We suggest that the possibilistic alternatives are preferable. -/- . (shrink)

Mengzi maintained that both benevolence (ren 仁) and rightness (yi 義) are naturally-given in human nature. This view has occupied a dominant place in Confucian intellectual history. In Mencius 6A, Mengzi's interlocutor, Gaozi, contests this view, arguing that rightness is determined by (doing what is fitting, in line with) external circumstances. I discuss here some passages from the excavated Guodian texts, which lend weight to Gaozi's view. The texts reveal nuanced considerations of relational proximity and its limits, setting up requirements (...) for moral action in scenarios where relational ties do not play a motivational role. I set out yi's complexity in these discussions, highlighting its implications for (i) the nei-wai debate; (ii) the notion of yi as "rightness," or doing the right thing; and (iii) how we can understand the connection between virtue and right action in these early Confucian debates. This material from the excavated texts not only provides new perspectives on a longstanding investigation of human nature and morality, it also challenges prevailing views on Warring States Confucian intellectual history. In the well-known debate between Mengzi and Gaozi in Mencius 6A, Mengzi maintained that both ren and yi are naturally-given 1 in human nature. The figure 1 To say that ren and yi are naturally-given is not to say that they are fully-developed from the start. I use the phrase "naturally-given" throughout the paper to indicate where a particular capacity or resource (ren or yi) may be found, rather than its final polished state. (shrink)

Thailand has a rich history of using aesthetics as a means of communication. This is seen not only in the communication of basic ideas, but aesthetics are also used to communicate the cultural values of the nation. Aesthetical images in Thailand have the tendency to dwell both in the realm of the mundane and the supernatural, in the daily and the esoteric. Historically, many faith traditions have used aesthetics as an effective form of communication, including Buddhism, Brahmanism, as well as (...) other local expressions of deities across the country. Art plays a large role in the daily communication of religious values and concepts. -/- While Christianity has a rather long history in Thailand, the large-scale impact that Christianity, and specifically Protestantism, has had is rather minimal. There can be a myriad of reasons for this, but one potential possibility is Christianity’s lack of an aesthetical engagement upon and within Thai culture. This potentially is not an issue of only the Protestant church in Thailand but also stems from some of the western Christian roots throughout its faith tradition. One finds a chasm between aesthetical practices and faith from the Heidelberg Confession, in which Christians became so worried about the ramifications of idol worship, that they threw out the proverbial ‘baby with the bathwater’ and basically condemned the use of icons and other forms of art in western Protestantism. -/- Therefore, this paper will examine the relationship between Thai culture and Christianity, trying to remove the western biases in Christianity and will attempt to suggest new ways that the Thai Christian Church may develop organic, indigenous Thai art, that can be used as a more effective means of communication. If Christianity wants to effectively convey its concepts into Thai culture, it must value aesthetics as a means of communication. Is it possible that Christianity could not only communicate a more effective message in Thailand, but also that Christianity could experience a more robust self-analyzation of its core concepts through Thai aesthetics? Therefore, one needs to explore the ways that Christianity may be able to better understand itself through current Thai aesthetical practices. These concepts will be explored to develop a more robust and organic way of communicating the Christian concepts through a Thai paradigm. (shrink)

Hate speech, understood broadly, is any form of expression intended to arouse hatred or contempt toward members of a particular social group. When university administrators have reason to believe that a planned speaking event on campus may feature hate speech (at least in the eyes of some), how should they respond? In this paper I address this question as it arises for Canadian universities. I argue that, where the regulation of campus speech is concerned, the right course of action for (...) university administrators is nearly always to do absolutely nothing. They will have reason to become actively involved only in order to ensure that a speaking event proceeds safely, or when it threatens to disrupt the functioning of the university, or when it is itself threatened with disruption by protesting groups. In those instances the justification for intervention will be to protect and facilitate speech, not to shut it down. (shrink)

'A Differential Play of Forces' is a study of transcendental empiricism in musical contexts. It presents a reading of Gilles Deleuze and Félix Guattari’s philosophical apparatus and explores how music can be thought of as functioning in the operation Deleuze terms transcendental empiricism. Central to transcendental empiricism is the idea of an encounter with intensive difference and the consequent experience of intensive and virtual forces. The thesis sets out to explore this idea in three interwoven steps. First, it develops transcendental (...) empiricism as a philosophical framework, expounding central notions related to time and aesthetic experience. In the context of this philosophical apparatus, music is then discussed as an encounter with intensity and what this may entail for our understanding of musical experience and its potential. The third part of the thesis explores the idea of experiencing intensive forces through music in the thinking and poietic of three composers of the twentieth century: Arnold Schönberg, Olivier Messiaen and Giacinto Scelsi. The thesis develops three ‘images of thought’ corresponding, respectively, to the composers’ expressed theoretical ideas, identifying central concepts from Deleuze and Guattari’s philosophy. A mutual illumination of ideas about music and transcendental empiricism is thus presented, pointing towards a possible convergence between theory and practice, thinking and aesthetic experience as a differential play of intensive forces. (shrink)

Theorists of the welfare state increasingly recognize that social insurance programs are not well-justified by distributive egalitarianism—meaning concern for equality considered as a pattern in the distribution of some good. However, recent work by several relational egalitarian theorists suggests that these programs may be justified on relational egalitarian grounds. Relational egalitarians hold that the proper object of egalitarian concern is the way that citizens relate to one another. In this paper, I review the problems facing a distributive egalitarian justification for (...) social insurance before considering and rejecting three relational egalitarian justifications. I close by offering a justification for these programs grounded in efficiency, not equality. (shrink)

In three experiments we studied lay observers’ attributions of responsibility for an antisocial act (homicide). We systematically varied both the degree to which the action was coerced by external circumstances and the degree to which the actor endorsed and accepted ownership of the act, a psychological state that philosophers have termed ‘identification’. Our findings with respect to identification were highly consistent. The more an actor was identified with an action, the more likely observers were to assign responsibility to the actor, (...) even when the action was performed under constraints so powerful that no other behavioral option was available. Our findings indicate that social cognition involving assignment of responsibility for an action is a more complex process than previous research has indicated. It would appear that laypersons’ judgments of moral responsibility may, in some circumstances, accord with philosophical views in which freedom and determinism are regarded to be compatible. (shrink)

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some argue (...) luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...) as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does? (shrink)

Much of the discussion of the role of emerging technologies associated with AI, machine learning, digital simulacra, and relevant ethical considerations such as those discussed in the target article, take a relatively narrow and episodic view of a person’s healthcare needs. There is much speculation about diagnostic, treatment, and predictive applications but relatively little consideration of how such technologies might be used to address a person’s lived experience of illness and ongoing care needs. This is likely due to the greater (...) weight or priority given to acute care needs and the role of medical treatment in care provision, but it may also reflect the limitations of current technologies and our limited vision of their potential application. Such limitations are not surprising given that we are still grappling with the complexities and nuances of achieving the ethical and humanistic ideals of care, namely, care that addresses the hermeneutical, relational, contextual, temporal, and agential dimensions of a person’s health and wellbeing. (shrink)

This paper is a complement to the recent wealth of literature suggesting a strong philosophical relationship between artificial life (A-Life) and artificial intelligence (AI). I seek to point out where this analogy seems to break down, or where it would lead us to draw incorrect conclusions about the philosophical situation of A-Life. First, I sketch a thought experiment (based on the work of Tom Ray) that suggests how a certain subset of A-Life experiments should be evaluated. In doing so, I (...) suggest that treating A-Life experiments as if they were just AI experiments applied to a new domain may lead us to see problems (like Searle’s “Chinese room”) which do not exist. In the second half of the paper, I examine the reasons for suggesting that there is a philosophical relationship between the two fields. I characterize the strong thesis for a translation of AI concepts, metaphors, and arguments into A-Life as the “global replacement strategy.” Such a strategy is only fruitful inasmuch as there is a strong analogy between AI and A-Life. I conclude the paper with a discussion of two areas where such a strong analogy seems to break down. These areas relate to eliminative materialism and the lack of a “subjective” element in biology. I conclude that the burden of proof lies with the person who wishes to import a concept from another discipline into A-Life, even if that other discipline is AI. (shrink)

The rapid advancement of artificial (computer) intelligence systems (CIS) has generated a means whereby assistive bionic prosthetics can become both more effective and practical for the patients who rely upon the use of such machines in their daily lives. However, de lege lata remains relatively unspoken as to the legal status of patients whose devices contain self-learning CIS that can interface directly with the peripheral nervous system. As a means to reconcile for this lack of legal foresight, this article approaches (...) the topic of CIS-nervous system interaction and the impacts it may have on the legal definition of “persons” under the law. While other literature of this nature centres upon notions of transhumanism or self-enhancement, the approach herein approached is designed to focus solely upon the legal nature of independent CIS actions when operating alongside human subjects. To this end, it is hoped that further discussion on the topic can be garnered outside of transhumanist discourse to expedite legal consideration for how these emerging relationships ought to be received by law-generating bodies internationally. (shrink)

Adequate epistemic justification is best conceived as the appearance, over time, of knowledge to the subject. ‘Appearance’ is intended literally, not as a synonym for belief. It is argued through consideration of examples that this account gets the extension of ‘adequately justified belief’ at least roughly correct. A more theoretical reason is then offered to regard justification as the appearance of knowledge: If we have a knowledge norm for assertion, we do our best to comply with this norm when we (...) express as assertions only beliefs that appear to us to be knowledge. If we are doing our best, there is little point in further sanctions. So a norm of knowledge for assertion would lead to a secondary norm of justified belief as the appearance of knowledge, marking a point at which our assertions may be corrected but should not be blamed. (shrink)

Let us imagine an ideal ethical agent, i.e., an agent who (i) holds a certain ethical theory, (ii) has all factual knowledge needed for determining which action among those open to her is right and which is wrong, according to her theory, and who (iii) is ideally motivated to really do whatever her ethical theory demands her to do (even when she speaks). If we grant that the notions of omniscience and ideal motivation both make sense, we may ask: Could (...) there possibly be an ideal utilitarian, that is, an ideal ethical agent whose ethical theory says that our only moral obligation consists in maximizing utility? I claim that an ideal agent cannot be utilitarian. An ideal utilitarian cannot entertain or communicate the beliefs necessary to being a utilitarian. For if every speech act from her mouth maximizes utility, she cannot be interpreted to utter assertions at all. Her very moral theory undermines the conditions necessary for entertaining it. (shrink)

This essay interprets Butler’s distinction between identity in the loose and popular sense and in the strict and philosophical sense. Suppose there are different standards for counting the same things. Then what are two distinct things counting strictly may be one and the same thing counting loosely. Within a given standard identity is one-one. But across standards it is many-one. An alternative interpretation using the parts-whole relation fails, because that relation should be understood as many-one identity. Another alternative making identity (...) relative to sort fails, because whole and parts can be of the same sort. (shrink)

Mon projet de “monstrer” Diderot consiste à examiner le monstre comme étant une figure privilégiée de son texte, mais aussi comme un moyen d’éclairer certains aspects de sa pensée philosophique et poétique. Pour Diderot, les monstres en tant qu’êtres hybrides appartenant à différents règnes, permettent de montrer la continuité de la matière nécessaire à son matérialisme. La monstruosité est aussi l’action normale de la nature ainsi que le pouvoir évolutif et le principe créatif d’une matière toujours en action nécessaires à (...) sa vision transformiste du monde. Comme les philosophes du siècle des lumières, Diderot démystifier le monstre en le montrant sous son aspect scientifique plutôt que produit du mythe ou de l’imagination maternelle. Mais même si les monstres du Rêve de d’Alembert se veulent scientifiques, ils sont cependant le plus souvent des constructions du texte, comme dans le cas des catachrèses du bipède déformé, le faux manchot, ou la mouvance des genres du chiasme de Mademoiselle de l’Espinasse. Diderot retourne en ce sens à une catégorie de l’imagination monstrueuse, sous la forme de fables scientifiques. Prenant forme dans le texte, les monstres sont enfin eux-mêmes opérateurs de texte, tels que la repousse prolifique du texte polypeux, ou la copulation textuelle sur le mode du chèvre-pied. (shrink)

Contemporary theorists critical of the current vogue for compassion might like to turn to Friedrich Nietzsche as an obvious ally in their opposition to the sentiment. Yet this essay argues that Nietzsche’s critique of compassion is not entirely critical, and that the endorsement of one’s sympathetic feelings is actually a natural outgrowth of Nietzsche’s immoralist ethics. Nietzsche understands the tendency to share in the suffering of their inferiors as a distinctive vulnerability of the spiritually strong and healthy. Their compassion, however, (...) is an essential element of the imaginative creativity that Nietzsche holds to be the goal of human existence. Although shared suffering may prove debilitating for some, great individuals must come to affirm their compassion as necessary in achieving accurate knowledge of the human condition. (shrink)

In his book “Minds and Computers: An Introduction to the Philosophy of Artificial Intelligence”, Matt Carter presents a comprehensive exploration of the philosophical questions surrounding artificial intelligence (AI). Carter argues that the development of AI is not merely a technological challenge but fundamentally a philosophical one. He delves into key issues like the nature of mental states, the limits of introspection, the implications of memory decay, and the functionalist framework that allows for the possibility of AI. Carter contrasts functionalism with (...) reductive materialism, highlighting how the former accommodates the concept of artificial minds. He also emphasizes the significance of computationalism, which combines functionalism with computational theory to provide a robust explanation for mental processes. The book further discusses formal systems, the role of register machines in computation, and the inherent challenges in AI research, particularly in developing natural language processing systems. Carter’s work underscores the limitations of current computational models of cognition while remaining hopeful that advances in neuroscience may lead to stronger AI systems in the future. (shrink)

This paper explores the philosophical question of whether a meaningful difference exists between living in a simulation and living in what we call “reality.” Drawing from the simulation hypothesis and discussions of consciousness and subjective experience, the investigation considers whether the subjective experiences of a simulated entity could be indistinguishable from those of a human being. The central argument is that while metaphysical differences between simulation and reality exist, from the standpoint of subjective experience, the distinction may be inconsequential. We (...) examine the implications of this idea for personal identity, free will, and the authenticity of experience. The paper concludes that, although important philosophical differences exist between simulation and reality, subjective experience and the sense of self may remain fundamentally the same in both scenarios. (shrink)

: The debate between proponents of ideal and non-ideal approaches to political philosophy has thus far been framed as a meta-level debate about normative theory. The argument of this essay will be that the ideal/non-ideal debate can be helpfully reframed as a ground-level debate within normative theory. Specifically, it can be understood as a debate within the applied normative field of professional ethics, with the profession being examined that of political philosophy itself. If the community of academic political theorists and (...) philosophers cannot help us navigate the problems we face in actual political life, they have not lived up to the moral demands of their vocation. A moderate form of what David Estlund decries as “utopophobia” is therefore an integral element of a proper professional ethic for political philosophers. The moderate utopophobe maintains that while devoting scarce time and resources to constructing utopias may sometimes be justifiable, it is never self-justifying. Utopianism is defensible only insofar as it can reasonably be expected to help inform or improve nonutopian political thinking. (shrink)

In psychology, stress is a feeling of emotional strain and pressure. Stress is a type of psychological pain. Small amounts of stress may be beneficial, as it can improve athletic performance, motivation and reaction to the environment. Excessive amounts of stress, however, can increase the risk of strokes, heart attacks, ulcers, and mental illnesses such as depression and also aggravation of a pre-existing condition. Psychological stress can be external and related to the environment but may also be caused by internal (...) perceptions that cause an individual to experience anxiety or other negative emotions surrounding a situation, such as pressure, discomfort, etc., which they then deem stressful. (shrink)

The United States carceral system, as currently designed and implemented, is widely considered to be an immoral and inhumane system of criminal punishment. There are a number of pressing issues related to this topic, but in this essay, I will focus upon the problem of prison violence. Inadequate supervision has resulted in unsafe prison conditions where inmates are regularly threatened with rape, assault, and other forms of physical violence. Such callous disregard and exposure to unreasonable risk constitutes a severe violation (...) of the rights of prisoners by the state. While there have been numerous legal, political, and activist efforts to draw attention to this issue—with the goal of reforming and making prisons safer—my goal is different. I argue that inmates who are victims of prison violence should have their sentences automatically reduced. Two distinct arguments are advanced in support of this claim. First, I argue that acts of prison violence are a sort of state-mediated harm which can thus be appropriately described as punishment-constituting. Second, and more straightforwardly, I argue that the compensation owed to prisoners who are victims of prison violence may naturally take the form of a reduced sentence. (shrink)

The psychological literature now differentiates between two types of psychopath:successful (with little or no criminal record) and unsuccessful (with a criminal record). Recent research indicates that earlier findings of reduced autonomic activity, reduced prefrontal grey matter, and compromised executive activity may only be true of unsuccessful psychopaths. In contrast, successful psychopaths actually show autonomic and executive function that exceeds that of normals, while having no difference in prefrontal volume from normals. We argue that many successful psychopaths are legally responsible for (...) their actions, as they have the executive capacity to choose not to harm (and thus are legally rational). However, many unsuccessful psychopaths have a lack of executive function that should at least partially excuse them from criminal culpability. Although a successful psychopath's increased executive function may occur in conflict with, rather than in consonance with their increased autonomic activity - producing a cognitive style characterized by self deception and articulate-sounding, but unsound reasoning - they may be capable of recognizing and correcting their lack of autonomic data, and thus can be held responsible. (shrink)

The central objective of Dewey’s Democracy and Education is to explain ‘what is needed to live a meaningful life and how can education contribute?’ While most acquainted with Dewey’s educational philosophy know that ‘experience’ plays a central role, the role of ‘situations’ may be less familiar or understood. This essay explains why ‘situation’ is inseparable from ‘experience’ and deeply important to Democracy and Education’s educational methods and rationales. First, a prefatory section explores how experience is invoked and involved in pedagogical (...) practice, especially experience insofar as it is (a) experimental, (b) direct, and (c) social-moral in character. The second and main section on situations follows. After a brief introduction to Dewey’s special philosophical use of ‘situation’, I examine how situations are implicated in (a) student interest and motivation; (b) ‘aims’ and ‘criteria’ in problem-solving; and (c) moral education (habits, values, and judgements). What should become abundantly clear from these examinations is that there could be no such thing as meaningful education, as Dewey understood it, without educators’ conscious, intentional, and imaginative deployment of experience and situations. (shrink)

Background Genomic research on neurodevelopmental disorders (NDDs), particularly involving minors, combines and amplifies existing research ethics issues for biomedical research. We performed a review of the literature on the ethical issues associated with genomic research involving children affected by NDDs as an aid to researchers to better anticipate and address ethical concerns. Results Qualitative thematic analysis of the included articles revealed themes in three main areas: research design and ethics review, inclusion of research participants, and communication of research results. Ethical (...) issues known to be associated with genomic research in general, such as privacy risks and informed consent/assent, seem especially pressing for NDD participants because of their potentially decreased cognitive abilities, increased vulnerability, and stigma associated with mental health problems. Additionally, there are informational risks: learning genetic information about NDD may have psychological and social impact, not only for the research participant but also for family members. However, there are potential benefits associated with research participation, too: by enrolling in research, the participants may access genetic testing and thus increase their chances of receiving a (genetic) diagnosis for their neurodevelopmental symptoms, prognostic or predictive information about disease progression or the risk of concurrent future disorders. Based on the results of our review, we developed an ethics checklist for genomic research involving children affected by NDDs. Conclusions In setting up and designing genomic research efforts in NDD, researchers should partner with communities of persons with NDDs. Particular attention should be paid to preventing disproportional burdens of research participation of children with NDDs and their siblings, parents and other family members. Researchers should carefully tailor the information and informed consent procedures to avoid therapeutic and diagnostic misconception in NDD research. To better anticipate and address ethical issues in specific NDD studies, we suggest researchers to use the ethics checklist for genomic research involving children affected by NDDs presented in this paper. (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)

The problem of Divine hiddenness, or the hiddenness problem, is more and more commonly being treated as independent of the problem of evil, and as rivalling the latter in significance. Are we in error if we acquiesce in these tendencies? Only a careful investigation into relations between the hiddenness problem and the problem of evil can help us see. Such an investigation is undertaken here. What we will find is that when certain knots threatening to hamper intellectual movement are unravelled, (...) the hiddenness problem emerges as a contender in its own right—one that may generate serious difficulties for theism regardless of conclusions drawn concerning the force of the problem of evil. (shrink)

Ordinary usage gives a way to think of identity through time: the Pittsburgh of 1946 was the same city as the Pittsburgh of today is--namely Pittsburgh. Problem: The Pittsburgh of 1946 does not exist; Pittsburgh still does. How can they have been identical? I reject the temporal parts view on which they were not but we may speak as though they were. Rather I argue that claiming their identity is not contradictory. I interpret ‘the Pittsburgh of 1946’ as ‘Pittsburgh as (...) it was in 1946’ and suggest that the apparent contradiction results from an ambiguity in the scope of ‘as’. (shrink)

In fMRI research, the goal of correcting for multiple comparisons is to identify areas of activity that reflect true effects, and thus would be expected to replicate in future studies. Finding an appropriate balance between trying to minimize false positives (Type I error) while not being too stringent and omitting true effects (Type II error) can be challenging. Furthermore, the advantages and disadvantages of these types of errors may differ for different areas of study. In many areas of social neuroscience (...) that involve complex processes and considerable individual differences, such as the study of moral judgment, effects are typically smaller and statistical power weaker, leading to the suggestion that less stringent corrections that allow for more sensitivity may be beneficial, but also result in more false positives. Using moral judgment fMRI data, we evaluated four commonly used methods for multiple comparison correction implemented in SPM12 by examining which method produced the most precise overlap with results from a meta-analysis of relevant studies and with results from nonparametric permutation analyses. We found that voxel-wise thresholding with family-wise error correction based on Random Field Theory provides a more precise overlap (i.e., without omitting too few regions or encompassing too many additional regions) than either clusterwise thresholding, Bonferroni correction, or false discovery rate correction methods. (shrink)

This article investigates the profound mysteries of consciousness and the afterlife, which have captivated humanity for centuries. In our study, we conducted three hypothetical experiments, assuming all participants had healthy brains and minds in similar environments. We based our methodology on the premise that cell death can preserve anatomical and neural integrity (Vrselja et al., 2019). Between T1 and T2, six brains were rendered non-functional (brain death), eliminating consciousness. Participants were divided into three groups: -/- 1. Identical Triplets (Group I): (...) Individuals 'a,' 'b,' and 'c.' 2. Second Set of Identical Triplets (Group II): Individuals 'd,' 'e,' and 'f.' 3. Non-identical Triplets (Group III): Individuals 'g,' 'h,' and 'i.' -/- Uniform conditions were maintained across all groups, ensuring identical nutrients and processes. In the third experiment, we preserved the inactive brains of 'a,' 'b,' 'd,' 'e,' 'g,' and 'h' from **T1** to **T2** and created three new identical brains for each participant, resulting in twenty-seven new brains labeled ('a1' to 'i3'). The original six brains were revived, leading to a total of thirty-six participant brains in the lab. -/- Results -/- If our third experiment holds validity, it suggests that all twenty-seven artificially created brains and the revived six brains could function, resulting in thirty-six operational brains at T2. This includes the three live brains of 'c,' 'f,' and 'i.' -/- Discussion -/- Determining whose consciousness resides within the lab is practically impossible, except for 'c,' 'f,' and 'i.' For instance, if you are 'a' before *T1*, identifying which of the eleven identical brains ('a', 'a1', 'a2', 'a3', etc.) contains your consciousness at *T2* is challenging. Assuming your consciousness exists in all eleven brains post *T1* raises critical questions: Did your singular consciousness cease to exist, or did it transfer to a specific brain outside the lab? This dilemma highlights profound implications for our understanding of consciousness and identity. -/- Conclusion -/- If your existence ceased (no afterlife- discontinued 'your'-'a'- consciousness-) at T1, theoretically, "you (a)" could reappear ( at T2 ) in two or more identical brains, in the laboratory setting. However, as extensively discussed in this research, a single consciousness can't exist in multiple brains simultaneously. While there may be two, many, or even infinite identical brains in the universe/s, no one experiences( 'feel-aware' ) their consciousness in multiple places simultaneously. Although, the brain's quality and quantity continually change over time—encompassing aspects such as neurons, neurochemistry, and the biophysics of brain function—unique consciousness persists from childhood to death within a single brain. The hypothesis concerning the continuum of unique consciousness within the dynamic framework of the material brain presents a complex enigma. It posits that two unknown fundamental particles—one universally unique ( to a certain brain) and invariant and the other subject to continuous evolution—coexist within the brain throughout its functional lifespan. This coexistence may elucidate the mechanisms underlying consciousness and its persistence, despite the brain's ongoing structural and functional transformations. This simple reasoning strongly supports the high probability of life ('your' -' a') after death occurring in a single brain at T1,( outside the lab) without any passage of time. (shrink)

Christine Korsgaard attempts to reinterpret Kantian ethics in a way that might alleviate Bernard Williams’ famous worry that a man cannot save his drowning wife without determining impartially that he may do so. She does this by dividing a reflective self that chooses the commitments that make up an agent’s practical identity from a self defined as a jumble of desires. An agent, she then argues, must act on the commitments chosen by the reflective self on pain of disintegration. Using (...) Harry Frankfurt’s emphasis on love as a final end, I argue that disintegration as motivation is not a more acceptable motivation than impartiality and so does not adequately address Williams’ criticism. I also argue that the idea of a divided self either leads to an infinite regress or to an implausible description of how our commitments evolve and change. To make this last claim, I discuss a case from John Updike’s novel 'In the Beauty of the Lilies.'. (shrink)

Psychopaths routinely disregard social norms by engaging in selfish, antisocial, often violent behavior. Commonly characterized as mentally disordered, recent evidence suggests that psychopaths are executing a well-functioning, if unscrupulous strategy that historically increased reproductive success at the expense of others. Natural selection ought to have favored strategies that spared close kin from harm, however, because actions affecting the fitness of genetic relatives contribute to an individual’s inclusive fitness. Conversely, there is evidence that mental disorders can disrupt psychological mechanisms designed to (...) protect relatives. Thus, mental disorder and adaptation accounts of psychopathy generate opposing hypotheses: psychopathy should be associated with an increase in the victimization of kin in the former account but not in the latter. Contrary to the mental disorder hypothesis, we show here in a sample of 289 violent offenders that variation in psychopathy predicts a decrease in the genetic relatedness of victims to offenders; that is, psychopathy predicts an increased likelihood of harming non-relatives. Because nepotistic inhibition in violence may be caused by dispersal or kin discrimination, we examined the effects of psychopathy on (1) the dispersal of offenders and their kin and (2) sexual assault frequency (as a window on kin discrimination). Although psychopathy was negatively associated with coresidence with kin and positively associated with the commission of sexual assault, it remained negatively associated with the genetic relatedness of victims to offenders after removing cases of offenders who had coresided with kin and cases of sexual assault from the analyses. These results stand in contrast to models positing psychopathy as a pathology, and provide support for the hypothesis that psychopathy reflects an evolutionary strategy largely favoring the exploitation of non-relatives. (shrink)

This chapter explores whether chemical castration can be justified as a form of criminal punishment. The author argues that castration via the drug medroxyprogesterone acetate (MPA), or some similar drug, does not achieve the punishment aims of retribution, deterrence, or incapacitation, but might serve as punishment in the form of rehabilitative treatment. However, current U.S. chemical castration statutes are too broad to be justified as rehabilitative. The state is warranted in targeting psychological states in criminal defendants for rehabilitative treatment where (...) such states (a) act as a primary cause of a criminal offender’s crime and (b) give rise to extraordinary worries that the offender will recidivate. Current statutes qualify criminal offenders for castration who do not have overwhelming sexual urges or other psychological states causally related to their crime that may be treated with MPA. Thus, even assuming the efficacy of MPA, such statutes are unjustifiable because they apply chemical castration to offenders for whom castration will have no rehabilitative effect. (shrink)

In this chapter, I describe my “post-diagnosis” experiences as the parent of an autistic child, those years in which I tried, but failed, to make sense of the overwhelming and often nonsensical information I received about autism. I argue that immediately after being given an autism diagnosis, parents are pressured into making what amounts to a life-long commitment to a therapy program that (they are told) will not only dramatically change their child, but their family’s financial situation and even their (...) entire mode of existence. Moreover, despite information overload, many treatment programs for autism rely on empty jargon and make completely unrealistic promises, so parents are left feeling overwhelmed and panicked. Even well respected therapy programs encourage parents to spend liberally. Indeed, autistic therapists, who help construct what I refer to as the Culture of Autism, advise parents to commit to a minimum of 35 to 45 hours of intensive therapy every week. The implications are clear: for a parent who works full-time, their autistic child becomes a second full-time job. Autism is big business right now, and therapists are pushing parents to the brink of desperation. So it is not too surprising that there is a desperate cry for a more permanent solution—which is why researchers seek to cure autism. But there are two ways to conceptualize cure. A Therapeutic Cure model (TC) conceives of a cure as a beneficial treatment for the patient that eliminates or ameliorates the harms of the disease or condition. But the notion of a therapeutic cure for autism is highly implausible, given the complexities of autism. Indeed, at this point, the vast majority of researchers have come to the conclusion that the idea of a therapeutic cure for autism is simply a non-starter. Therefore the bulk of research seeking a cure for autism focuses instead on a second approach, which I refer to as the Negative Eugenics Cure model (NEC). With this model, the intention is to eliminate the disease or condition without regard for the health or well-being of the organism carrying the disease or condition. So, with regard to autism, researchers are focusing on identifying genetic markers for autism that can be detected in utero, or in embryos, so that autistic fetuses can be eliminated and autism eradicated by preventing the existence of autistic individuals. I review both models and argue that both fail to provide convincing arguments that the “solution” either offers is desirable. Both rest on the assumption that autism renders a life not worth living which, all things considered, is false. Instead of pushing to cure autism, an idea pervasive in this Culture of Autism, I contend that autistics are individuals with lives worth living. Moreover, rather than expend millions on research to search for the means to eliminate autism, we should instead expend our resources to ensure autistic individuals have access to support they may need. If the phenomenology of autism were better understood and appreciated, the panicked demand for a cure for autism might abate and perhaps autism could be seen as having value in and of its own right. (shrink)

The spread of misinformation and fake news raises important problems for our society and for our democracy. From the January 6 attack on the U.S. Capitol to vaccine hesitancy, from suppressing voter turnout to peddling conspiracy theories, we know that these problems are real and need to be taken seriously. While misinformation is not a new problem for democracy, it can spread more quickly and easily because of new media’s design and popularity. Given these problems, it is encouraging that some (...) technology companies are taking steps to reduce the spread of misinformation and fake news on the platforms they manage. Despite this seemingly positive development, some scholars have criticized some interventions designed to combat the spread of misinformation and fake news as paternalistic. For example, a 2019 Facebook intervention called Click-Gap aimed to reduce the amount of low-quality content (including fake news and misinformation) that users see on their NewsFeed. Click-Gap has been criticized as an instance of epistemic paternalism because it was adopted (1) with the goal of improving the epistemic status of its users and (2) irrespective of what the company believed the wishes of its users to be. If interventions like Click-Gap are problematic because paternalistic, those of us interested in the ethics of technology would face a dilemma—either endorse technology companies treating their users paternalistically or endorse their failing to act to combat the spread of misinformation and fake news on their platforms. Both options seem to me to be problematic. While paternalism may sometimes be permissible, I think we should be very hesitant to endorse a paternalistic relationship between technology companies and their users. The relationship does not seem to bear the right sort of structure to one in which paternalism might be appropriate, if it ever is. The second option seems, if anything worse: surely technology companies should not stand by and change nothing about their platforms despite the spread of misinformation and fake news in those spaces. In this paper, I argue that Click-Gap and interventions like it are not paternalistic, contrary to the conclusion of other scholars. Further, I will argue that the focus on paternalism itself is actually a red herring here. While not just any intervention or strategy that purports to reduce fake news and misinformation is permissible, we should want technology companies to take user well-being seriously and be able to take that well-being as a direct reason for action. Their doing so is not paternalistic nor even morally problematic, and it should not be criticized as such. (shrink)

Detailing the connection between the various functions of Buddhist karma theory and rebecoming is a profoundly difficult aspect of Buddhist philosophy. While there is no definitive answer to these questions, suggestions can be found in early Buddhism that may help to reconcile the early Buddhist interpretations of karma with other philosophical and scientific theories.A great difficulty in analysing the functional aspects of Buddhist karma theory is the conflation of karma as causality with karma as ethics to create a strongly deterministic (...) ethical theory of karmic retribution which de-emphasises notions of free will and personal responsibility that are fundamental to Buddhist practice. This research is intended as a new model to evaluate karma in light of early Buddhist karma theory. Following this model may allow karma theorists to shed our accumulated assumptions from the Abhidharma and western philosophy that bring substance metaphysics into the analysis of Buddhist karma doctrine. This essentialism is an unnecessary obstacle to understanding. When karma as causality is located within early Buddhist process metaphysics it can easily be analysed in a practical fashion and is found to accord with contemporary thought. Karma as ethics is more properly analysed as a satisfactory, but underdeveloped ethical theory. Only with these conceptions in place can the connection between karma and rebecoming can be detailed. (shrink)

The Tree of Life has traditionally been understood to represent the history of species lineages. However, recently researchers have suggested that it might be better interpreted as representing the history of cellular lineages, sometimes called the Tree of Cells. This paper examines and evaluates reasons offered against this cellular interpretation of the Tree of Life. It argues that some such reasons are bad reasons, based either on a false attribution of essentialism, on a misunderstanding of the problem of lineage identity, (...) or on a limited view of scientific representation. I suggest that debate about the Tree of Cells and other successors to the traditional Tree of Life should be formulated in terms of the purposes these representations may serve. In pursuing this strategy, we see that the Tree of Cells cannot serve one purpose suggested for it: as an explanation for the hierarchical nature of taxonomy. We then explore whether, instead, the tree may play an important role in the dynamic modeling of evolution. As highly-integrated complex systems, cells may influence which lineage components can successfully transfer into them and how they change once integrated. Only if they do in fact have a substantial role to play in this process might the Tree of Cells have some claim to be the Tree of Life. (shrink)

One of the most basic questions facing democratic theory is who ought to be included in political participation. Most recent discussions of this question have focused on the wrongful exclusion of those who ought to be included. Less attention has been paid to the question of whether political participation can be objectionably over-inclusive. Robert Dahl insists that it can; a claim to inclusion, he writes, “cannot be justified if it is advanced by persons whose interests are not significantly affected by (...) the decisions of that unit.” This essay is a moral defense of what Dahl would consider political over-inclusion, of empowering those entirely unaffected by a given political decision to participate in the making of that decision. My argument is not that the unaffected have a right to participate or that they are somehow wronged by political exclusion in a manner analogous to how the affected may be wronged when excluded. What matters morally is not what a proper resolution to a specific political conflict will do for the unaffected—by definition, it can do nothing for them. What matters is what the inclusion of the unaffected can do to improve the quality of the decision being made, and hence to benefit those affected by this decision. My focus will be on one particular manner in which the inclusion of the unaffected can improve political decision-making: namely, by increasing impartiality. As I argue in the first section of this essay, whereas the affected can only possess what I call “artificial impartiality,” the unaffected possess what I call “natural impartiality.” . (shrink)

This chapter contains sections titled: References.

Over one hundred years ago, the Supreme Court emphatically declared that deportation proceedings are civil, not criminal, in nature. As a result, none of the nearly 400,000 individuals who were deported last year enjoyed any of the constitutional protections afforded to criminal defendants under the Sixth or Eighth Amendments. Among those 400,000 were numerous detained juveniles and mentally ill individuals who, as a result of the civil designation, had no right to appointed counsel. These individuals were thus forced to navigate (...) the labyrinth of immigration law alone. Others were lawful permanent residents who had pled guilty to minor offenses upon the correct advice of counsel that they could not be deported. These individuals later became subject to deportation when Congress retroactively changed the law, unbound by the criminal prohibition against ex post facto laws. The dichotomy between the gravity of the liberty interest at stake in these proceedings––a lifetime of exile from homes and families in the United States––and the relative dearth of procedural protections afforded respondents, has always been intuitively unjust to some. However, over the past twenty years, as immigration and criminal law have become intertwined as never before, the intuitive sense of many has matured into a scholarly movement exploring the criminalization of immigration law. This movement has taken aim at the incoherence of deportation’s civil designation. Until recently, however, there was little reason to think the Supreme Court would wade into the waters of the resurgent debate over the nature of deportation proceedings. In Padilla v. Kentucky, 130 S.Ct. 1473 (2010), however, the Court surprised almost everyone as it went to great length to chronicle the criminalization of immigration law and ultimately concluded that deportation is - uniquely difficult to classify. The immediate impact of the Padilla decision is the critical recognition that criminal defendants have a right to be advised by their attorneys if a plea they are contemplating will result in deportation. However, I argue, that in time Padilla may come to stand for something much more significant in immigration jurisprudence. When we read Padilla in the context of the Supreme Court’s evolving immigration jurisprudence, there is good reason to believe that Padilla is a critical pivot point for the Court. Padilla marks the beginning of a significant reconceptualization of the nature of deportation toward the realization that it is neither truly civil nor criminal. Rather, deportation is different. It is a unique legal animal that lives in the crease between the civil and criminal labels. This article explores the evolving arch of Supreme Court jurisprudence regarding the quasi-criminal nature of deportation proceedings and articulates a principled mechanism by which the scope of respondents’ rights can be defined under this new framework. (shrink)