Throughout the biological and biomedical sciences there is a growing need for, prescriptive ‘minimum information’ (MI) checklists specifying the key information to include when reporting experimental results are beginning to find favor with experimentalists, analysts, publishers and funders alike. Such checklists aim to ensure that methods, data, analyses and results are described to a level sufficient to support the unambiguous interpretation, sophisticated search, reanalysis and experimental corroboration and reuse of data sets, facilitating the extraction of maximum value from data sets (...) them. However, such ‘minimum information’ MI checklists are usually developed independently by groups working within representatives of particular biologically- or technologically-delineated domains. Consequently, an overview of the full range of checklists can be difficult to establish without intensive searching, and even tracking thetheir individual evolution of single checklists may be a non-trivial exercise. Checklists are also inevitably partially redundant when measured one against another, and where they overlap is far from straightforward. Furthermore, conflicts in scope and arbitrary decisions on wording and sub-structuring make integration difficult. This presents inhibit their use in combination. Overall, these issues present significant difficulties for the users of checklists, especially those in areas such as systems biology, who routinely combine information from multiple biological domains and technology platforms. To address all of the above, we present MIBBI (Minimum Information for Biological and Biomedical Investigations); a web-based communal resource for such checklists, designed to act as a ‘one-stop shop’ for those exploring the range of extant checklist projects, and to foster collaborative, integrative development and ultimately promote gradual integration of checklists. (shrink)

Second part of the translation into Spanish of David Lewis' "New Work for a Theory of Universals", corresponding to the last sections of the original paper. || Segunda parte de la traducción al español del trabajo de David Lewis "New Work for a Theory of Universals", correspondiente a últimas secciones del artículo original. Artículo original publicado en: Australasian Journal of Philosophy, Vol. 61, No. 4, Dec. 1983, pp. 343-377.

First part of the translation into Spanish of David Lewis' "New Work for a Theory of Universals", corresponding to the introduction and the first two sections of the original paper. || Primera parte de la traducción al español del trabajo de David Lewis "New Work for a Theory of Universals", correspondiente a la introducción y las dos primeras secciones del artículo original. Artículo original publicado en: Australasian Journal of Philosophy, Vol. 61, No. 4, Dec. 1983, pp. 343-377.

This paper explores the benefits of video feedback for teaching philosophy. Our analysis, based on results from a self-report student survey along with our own experience, indicates that video feedback possesses a number of advantages over traditional written comments. In particular we argue that video feedback is conducive to providing high-quality formative feedback, increases detail and clarity, and promotes student engagement. In addition, we argue that the advantages of video feedback make the method an especially apt tool for addressing challenges (...) germane to teaching philosophy. Video feedback allows markers to more easily explain and illustrate philosophical goals and methods. It allows markers to model the doing of philosophy and thereby helps students to see philosophy’s value. Video feedback is a promising tool for addressing both cognitive and affective barriers to learning philosophy. Such advantages are especially valuable in the context of a student-centered, intentional learning framework. In light of these advantages, we find that video feedback is underappreciated and underutilized. (shrink)

The editor's introduction discusses Clarence I. Lewis's conceptual pragmatism when compared with post-empiricist epistemology and argues that several Cartesian assumptions play a major role in the work, not unlike those of Logical Positivism. The suggestion is made that the Cartesian legacy still hidden in Logical Positivism turns out to be a rather heavy ballast for Lewis’s project of restructuring epistemology in a pragmatist key. More in detail, the sore point is the nature of inter-subjectivity. For Lewis, no (...) less than for the Logical Positivists at the time of the Protocols Controversy and Husserl in the Cartesian Meditations, this is a problem without a solution. The reason is that all these philosophers are apparently unable to realize that the existence of a plurality of knowing subjects cannot be treated at once both as a speculative problem and a methodological one. Lewis, thanks to his pragmatist approach both comes closer to the right answer and offers an even more naïve unsatisfactory solution to the pseudo-problem under discussion. The fact that he has clear in mind that inter-subjectivity means not only a plurality of linguistic utterances but also a co-existence of different kinds of practical behaviour. Eventually, the very idea of mind, the key-idea in the book, suffers from the above mentioned tension. In fact, if inter-subjective communication and action is considered at a methodological level, the very idea of mind would not need an analysis, and no kind of ‘reflexive’ analysis. Methodology might be limited to a ‘naïve’ level where the existence of the world and a plurality of subjects be taken as a bedrock of uncritically accepted evidence. Philosophical reflection on ultimate evidence, instead, would take a different approach, maybe the one Wittgenstein was putting into practice in the same years when Mind and the world order was written, namely it would be bound to question the very meaning of the idea of ‘mind’ as an undue fiction – the same carried out by Descartes – when he assumed the Cogito to be at once a body of self-evident truths and a thing or substance, the familiar Platonic idea of psyche or soul. (shrink)

James Prosek paints flora and fauna, but first became known for his paintings of trout. This essay situates Prosek's paintings, especially those at the Lowe Museum exhibit, within the long tradition of the depiction of nature. The essay comments on the relationship between the representation of nature and the nature of representation.

There are calls from various sectors, including the popular press, industry, and academia, to incorporate artificial intelligence (AI)-based technologies in general, and large language models (LLMs) (such as ChatGPT and Gemini) in particular, into various spheres of the South African higher education sector. Nonetheless, the implementation of such technologies is not without ethical risks, notably those related to bias, unfairness, privacy violations, misinformation, lack of transparency, and threats to autonomy. This paper gives an overview of the more pertinent ethical concerns (...) that may result from the deployment of various current AI technologies in the South African higher education context. It provides a broad overview of the relevant AI ethics literature and distills a few general AI-ethics principles that can serve as guidelines for the ethical development, adoption, and use of AI systems. Suggestions are made as to how these might be applied to mitigate the ethical concerns in the South African higher education context. Overall, it is argued that AI technologies should only be adopted if they offer demonstrable benefits to stakeholders affected by them and that care should be taken to ensure that any potential harms are adequately addressed. (shrink)

If I were asked to put forward an ethical principle which I considered to be especially certain, it would be that no one can be responsible, in the properly ethical sense, for the conduct of another. Responsibility belongs essentially to the individual. The implications of this principle are much more far-reaching than is evident at first, and reflection upon them may lead many to withdraw the assent which they might otherwise be very ready to accord to this view of responsibility. (...) But if the difficulties do appear to be insurmountable, and that, very certainly, does not seem to me to be the case, then the proper procedure will be, not to revert to the barbarous notion of collective or group responsibility, but to give up altogether the view that we are accountable in any distinctively moral sense. (shrink)

In the debates regarding the ethics of human organoid biobanking, the locus of donor autonomy has been identified in processes of consent. The problem is that, by focusing on consent, biobanking processes preclude adequate engagement with donor autonomy because they are unable to adequately recognise or respond to factors that determine authentic choice. This is particularly problematic in biobanking contexts associated with organoid research or the clinical application of organoids because, given the probability of unforeseen and varying purposes for which (...) a donor’s organoids could be employed and given the different ways in which a donor can relate to her biospecimens, a donor can value her organoids differently in different contexts and her reasons for autonomously permitting use of her cells and tissues in one case may not support an autonomous decision in another. In response, this paper has three aims: firstly, to make the case for why organoid biobanks ought to respect donor autonomy conceived as authentic choice; secondly, to explore the autonomy-respecting limits of established and widely prevalent models of biobank consent; and thirdly, to propose certain conditions that organoid biobanks ought to support or facilitate in order to respect donor autonomy. (shrink)

Group agents like businesses, political parties, universities, and charity organisations dominate our social and political landscapes. Their activities dictate our legal structures, the availability of education and healthcare, and our collective leap into climate crisis. Hence, it is crucial that we understand both the norms of these group agents and how these norms arise. will argue for applying the organisational account of normativity to group agents as the best means to achieve this understanding. Roughly, the organisational account says that the (...) norms of an agent are determined by that agent’s structure insofar as that structure dictates both what the agent is capable of and what is necessary for its persistence in its present environment. I argue that expanding the organisational account to group agents best positions us to understand both what a group’s norms are and how they arise. I suggest that the organisational account provides us with a powerful tool for addressing unjust collective behaviours in the social and political spheres. (shrink)

I argue that Goethe’s scientific writings carry in them the seeds of the theory of evolution. Goethe’s works on plant morphology reflects the conflicting ideas of his era on the discreteness and on the stability of species. Goethe’s theory of plant morphology provides a link between the discontinuous view of nature, as exemplified in works of the Swedish botanist Carl Linnaeus (1707-1778), and the continuous view of nature, as exemplified in the work of the English naturalist Charles Darwin (1809-1882).

Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that (...) apply to individual inquirers. My aim in this paper is to rehabilitate purely statistical evidence by arguing that, given the broader aims of legal systems, there are scenarios in which relying on such evidence is appropriate. Along the way I explain why popular arguments appealing to individual epistemic norms to reject legal reliance on bare statistics are unconvincing, by showing that courts and individuals face different epistemic predicaments (in short, individuals can hedge when confronted with statistical evidence, whilst legal tribunals cannot). I also correct some misconceptions about legal practice that have found their way into the recent literature. (shrink)

Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.

It is common for people to be sensitive to aesthetic qualities in one another’s speech. We allow the loveliness or unloveliness of a person’s voice to make impressions on us. What is more, it is also common to allow those aesthetic impressions to affect how we are inclined to feel about the speaker. We form attitudes of liking, trusting, disliking or distrusting partly in virtue of the aesthetic qualities of a person’s speech. In this paper I ask whether such attitudes (...) could ever be legitimate. This is a microcosm of the broader issue of whether people’s aesthetic qualities in general can justify the interpersonal valuing-attitudes that they so often cause. I draw from recent discussions of body aesthetics to articulate a pair of challenges. One challenge says that aesthetic judgements of speech are reliant on unjustifiable prejudices. The other holds that a person’s aesthetic qualities are irrelevant to whether they should be liked. Against these challenges I argue that some speech can bear aesthetic qualities which are not reliant on prejudice and which are relevant to whether the speaker should be liked. I develop this argument through an analysis of the concept of lyricism. (shrink)

Google Search is arguably one of the primary epistemic tools in use today, with the lion’s share of the search-engine market globally. Scholarship on countering the current scourge of misinformation often recommends “digital lit- eracy” where internet users, especially those who get their information from so- cial media, are encouraged to fact-check such information using reputable sources. Given our current internet-based epistemic landscape, and Google’s dominance of the internet, it is very likely that such acts of epistemic hygiene will take (...) place via Google Search. The question arises whether Google Search is fit for purpose, given the apparent misalignment the general epistemic goal of promoting true beliefs and the greater online commercial ecosystem in which it is embedded. I argue that Google Search is epistemically problematic as it stands, mainly due to the opacity related to the parameters it uses for personalising search results. I further argue that in as far as an ordinary internet user is legitimately ignorant of Google’s workings, uses it in an “ordinary manner”, and is generally unable to avoid using it in the current information environment, they are not ep- istemically blameworthy for any false beliefs that they acquire via it. I conclude that too much emphasis is currently placed on individual epistemic practices and not enough on our information environment and epistemic tools when it comes to countering misinformation. (shrink)

In the debates regarding the ethics of human enhancement, proponents have found it difficult to refute the concern, voiced by certain bioconservatives, that cognitive enhancement violates the autonomy of the enhanced. However, G. Owen Schaefer, Guy Kahane and Julian Savulescu have attempted not only to avoid autonomy-based bioconservative objections, but to argue that cognition-enhancing biomedical interventions can actually enhance autonomy. In response, this paper has two aims: firstly, to explore the limits of their argument; secondly, and more importantly, to develop (...) a more complete understanding of autonomy and its relation to cognitive enhancement. By drawing a distinction between the capacity for autonomy and the exercise and achievement of autonomy and by exploring the possible effects of cognitive enhancement on both competence and authenticity conditions for autonomy, the paper identifies and explains which dimensions of autonomy can and cannot, in principle, be enhanced via direct cognitive interventions. This allows us to draw conclusions regarding the limits of cognitive enhancement as a means for enhancing autonomy. (shrink)

Santiago Ramón y Cajal practice what became neuroscience in the remote town of Ayerbe, Aragón Spain. He struggled to travel to conferences in northern Europe to share his remarkable discovery.

This is a critical examination of Zizek's concept of ideology in his work on the Sublime of Ideology. His account on this connotes that people are basing only in the conscious state without considering the unconscious "I." This framework in psychology has led Zizek to relate it in the process of economics which is greatly manifested in the contradictory poles of the oppressor and the oppressed and its relationship to the process of commodities. Looking into this orientation, this leaves the (...) author to incorporate the ideological character of Zizek through the lens of Anti-Terrorism Law which is not seen in the naked eye. (shrink)

Legal concepts can sometimes be unclear, leading to disagreements concerning their contents and inconsistencies in their application. At other times, the legal application of a concept can be entirely clear, sharp, and free of confusions, yet conflict with the ways in which ordinary people or other relevant stakeholders think about the concept. The aim of this chapter is to investigate the role of experimental jurisprudence in articulating and, ultimately, dealing with competing conceptual inferences either within a specific domain (e.g., legal (...) practice) or between, for example, ordinary people and legal practitioners. Although this chapter affirms the widespread assumption that experimental jurisprudence cannot, in and of itself, tell us which concepts should be applied at law, it highlights some of the contributions that experimental jurisprudence can, in principle, make to normative projects that seek to prescribe, reform, or otherwise engineer legal concepts. Thus, there is more that experimental jurisprudence can normatively offer than has usually been claimed. (shrink)

Recent work takes both philosophical and scientific progress to consist in acquiring factive epistemic states such as knowledge. However, much of this work leaves unclear what entity is the subject of these epistemic states. Furthermore, by focusing only on states like knowledge, we overlook progress in intermediate cases between ignorance and knowledge—for example, many now celebrated theories were initially so controversial that they were not known. -/- This paper develops an improved framework for thinking about intellectual progress. Firstly, I argue (...) that we should think of progress relative to the epistemic position of an intellectual community rather than individual inquirers. Secondly, I show how focusing on the extended process of inquiry (rather than the mere presence or absence of states like knowledge) provides a better evaluation of different types of progress. This includes progress through formulating worthwhile questions, acquiring new evidence, and increasing credence on the right answers to these questions. I close by considering the ramifications for philosophical progress, suggesting that my account supports rejecting the most negative views while allowing us to articulate different varieties of optimism and pessimism. (shrink)

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

In ‘‘Why brains matter: an integrational perspective on The Symbolic Species’’ Cowley (2002) [Language Sciences 24, 73–95] suggests that Deacon pictures brains as being able to process words qua tokens, which he identifies as the theory’s Achilles’ heel. He goes on to argue that Deacon’s thesis on the co-evolution of language and mind would benefit from an integrational approach. This paper argues that Cowley’s criticism relies on an invalid understanding of Deacon’s use the concept of ‘‘symbolic reference’’, which he appropriates (...) from Peirce’s semiotic. Peirce’s analysis as well as Deacon’s appropriation will be examined in detail. Consequently it will be argued that an integrationist reading would add very little to Deacon’s core thesis. (shrink)

I argue that traditional views on which beliefs are subject only to purely epistemic assessment can reject demographic profiling, even when based on seemingly robust evidence. This is because the moral failures involved in demographic profiling can be located in the decision not to suspend judgment, rather than supposing that beliefs themselves are a locus of moral evaluation. A key moral reason to suspend judgment when faced with adverse demographic evidence is to promote social equality—this explains why positive profiling is (...) dubious, along with more familiar cases of negative profiling, and why profiling is suspect even when no particular action is at stake. My suspension-based view, while compatible with revisionary normative positions, does not presuppose them. Philosophers of all stripes can reject demographic profiling both in thought and deed. (shrink)

This paper is about the similarity between the appreciation of a piece of art, such as a cherished music album, and the loving appreciation of a person whom one knows well. In philosophical discussion about the rationality of love, the Qualities View (QV) says that love can be justified by reference to the qualities of the beloved. I argue that the oft-rehearsed trading-up objection fails to undermine the QV. The problems typically identified by the objection arise from the idea that (...) love-worthy qualities could be coarse-grained, when in fact they must be fine-grained. The analogy with appreciation of aesthetic qualities helps to draw out this point. Once the fine-grained nature of love-worthy qualities is properly understood, it is clear that critics of the QV cannot rely on the trading-up objection to motivate its rejection. Moreover, the paper’s core argument helps to illuminate the persistently aesthetic nature of interpersonal affections. (shrink)

Phenomenology gives rise to certain ontological considerations that have far-reaching implications for standard conceptions of patient autonomy in medical ethics, and, as a result, the obligations of and to patients in clinical decision-making contexts. One such consideration is the phenomenological reduction in classical phenomenology, a core feature of which is the characterisation of our primary experiences as immediately and inherently meaningful. This paper builds on and extends the analyses of the phenomenological reduction in the works of Husserl, Heidegger, and Merleau-Ponty (...) in order to identify and explain its implications for our current understanding of the principle of respect for patient autonomy and the norms of clinical decision making. (shrink)

In recent attempts to define ‘harm’, the most promising approach has often been thought to be the counterfactual comparative account of harm. Nevertheless, this account faces serious difficulties. Moreover, it has been argued that ‘harm’ cannot be defined without reference to a substantive theory of well-being, which is itself a fraught issue. This has led to the call for the concept to simply be dropped from the moral lexicon altogether. I reject this call, arguing that the non-comparative approach to defining (...) harm has not been sufficiently explored. I then develop such an account that avoids the difficulties faced by comparative accounts whilst not presupposing a substantive theory of well-being. I conclude that this definition renders a concept of harm that can be meaningfully employed in our moral discourse. (shrink)

What is it to be mentally healthy? In the ongoing movement to promote mental health, to reduce stigma, and to establish parity between mental and physical health, there is a clear enthusiasm about this concept and a recognition of its value in human life. However, it is often unclear what mental health means in all these efforts and whether there is a single concept underlying them. Sometimes, the initiatives for the sake of mental health are aimed just at reducing mental (...) illness, thus implicitly identifying mental health with the absence of diagnosable psychiatric disease. More ambitiously, there are high-profile proposals to adopt a positive definition, identifying mental health with psychic or even overall well-being. We argue against both: a definition of mental health as mere absence of mental illness is too thin, too undemanding, and too closely linked to psychiatric value judgments, while the definition in terms of well-being is too demanding and potentially oppressive. As a compromise, we sketch out a middle position. On this view, mental health is a primary good, that is, the psychological preconditions of pursuing any conception of the good life, including well-being, without being identical to well-being. (shrink)

Shared Decision Making (‘SDM’) is one of the most significant developments in Western health care practices in recent years. Whereas traditional models of care operate on the basis of the physician as the primary medical decision maker, SDM requires patients to be supported to consider options in order to achieve informed preferences by mutually sharing the best available evidence. According to its proponents, SDM is the right way to interpret the clinician-patient relationship because it fulfils the ethical imperative of respecting (...) patient autonomy. However, there is no consensus about how decisions in SDM contexts relate to the principle of respect for autonomy. In response, I demonstrate that in order to make decisions about what treatment they will or will not receive, patients will be required to meet different conditions depending on the approach proponents of SDM take to understanding personal autonomy. Due to the fact that different conceptions of autonomy yield different obligations, I argue that if physicians and patients satisfied all the conditions described in standard accounts of SDM, then SDM would undermine patient autonomy. (shrink)

I insist that I was able to raise my hand, and I acknowledge that a law would have been broken had I done so, but I deny that I am therefore able to break a law. To uphold my instance of soft determinism, I need not claim any incredible powers. To uphold the compatibilism that I actually believe, I need not claim that such powers are even possible. My incompatibilist opponent is a creature of fiction, but he has his prototypes (...) in real life. He is modeled partly after Peter van Inwagen and partly on myself when I first worried about van Inwagen's argument against compatibilism. (shrink)

“Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy in this paper (...) is aligned with traditional theories that conceive autonomy in terms of an individual’s capacities for, and exercises of rational reflection. However, at the same time, this paper extends these accounts by arguing that autonomy is, in part, embodied. Specifically, by drawing on phenomenological conceptions of the experience of autonomy, we argue that, in principle, the body is a necessary component of the capacity for autonomy. Secondly, through the presentation of two different cases, we highlight ways in which a patient’s body can contribute to the autonomy of treatment choices. Ultimately, we hope to encourage others to explore additional conditions under which a concept of embodied autonomy should be employed in medical decision making, how its underlying principles might be operationalised in clinical situations, and its consequences for approaches to patient autonomy in healthcare practice, policy, and law. (shrink)

As the digitization of information accelerates, the push to encode our surrounding numerically instead of linguistically increases. The role that language has traditionally played in the nomenclature of an integrative taxonomy is being replaced by the numeric identification of one or few quantitative characteristics. Nineteenth-century scientific systems of color identification divided, grouped, and named colors according to multiple characteristics. Now color identification relies on numeric values applied to spectrographic readings. This means of identification of color lacks the taxonomic rigor of (...) nineteenth century systems. Identifying color by numeric value instead of by grouping and naming them, strips color taxonomy of all but one quantitative aspect of a color. I use the case of color taxonomy to argue against a similar trend of numeric identification in the biological sciences. Unlike historically more integrative approaches to taxonomy in biology, genomic sequencing identifies one or few quantitative characteristics to encode an organism. If genomic sequencing becomes the primary means of identification in the biological sciences, just as in numeric systems of color identification, scientific taxonomy would suffer. Basing my analysis on theories of perception of division and on theories of language, I use the cases of color and species to argue for the advantages of an integrative taxonomic system of naming and categorizing over a method of identification, which encodes limited characteristics numerically. I hold that language is the most sophisticated tool for systematic taxonomy and that taxonomic nomenclature should be retained. (shrink)

A key failing in contemporary philosophy of mind is the lack of attention paid to evolutionary theory in its research projects. Notably, where evolution is incorporated into the study of mind, the work being done is often described as philosophy of cognitive science rather than philosophy of mind. Even then, whereas possible implications of the evolution of human cognition are taken more seriously within the cognitive sciences and the philosophy of cognitive science, its relevance for cognitive science has only been (...) appreciated relatively recently, and the approach still comes in for some major criticism from prominent theorists within the field. This paper explores some of the reasons for this state of affairs and finds that it might have less to do with due consideration and well-founded scepticism about the relevance of evolutionary theory to these disciplines and more to do with historical accident and faulty assumptions on the part of key theorists in these disciplines. It is also noted that where cognitive scientists are taking evolution into account in their work on the mind, they straying more and more into domains that used to fall exclusively under the purview of philosophy of mind as it is traditionally conceived – qualia, consciousness, perception, intentionality and so forth. The point is made that in ignoring the work being done on the evolution of mind, philosophy of mind runs the risk of becoming obsolete. (shrink)

Recent work in moral psychology that claims to show that human beings make moral judgements on the basis of multiple, divergent moral foundations has been influential in both moral psychology and moral philosophy. Primarily, such work has been taken to undermine monistic moral theories, especially those pertaining to the prevention of harm. Here, I call one of the most prominent and influential empirical cases for moral pluralism into question, namely that of Jonathan Haidt and his colleagues. I argue that Haidt (...) et al.’s argument is not as strong as it is often made out to be, given significant problems with the design of one of the key experiments used to ground the claim that there are divergent moral foundations across cultures. The flaws that I point out pose a significant challenge to Haidt et al.’s findings and have a detrimental impact on subsequent work based on this immensely influential experiment. Accordingly, I argue that both empirical and normative claims made on the basis of Haidt et al.’s findings should be treated with caution. I conclude by making some suggestions as to how some of the problems that I point out might be addressed. (shrink)

Jennifer Hawkins (2024) offers two cases that challenge traditional accounts of decision-making capacity, according to which respect for a medical decision turns on an individual’s cognitive capacities at the time the decision is made (Hawkins 2024; Appelbaum and Grisso 1988). In each of her described cases (involving anorexia nervosa and grief, respectively), a patient makes a decision that—although instrumentally rational at the time—does not reflect the patient’s longer-term values due to being in a particular psychological state. Importantly, this state does (...) not impair the patient’s cognition, but rather predisposes them to make a decision that conflicts with their own broader values, beliefs, or desires. (shrink)

Introduction and Discussion of a Special Issue in philosophy of law "Philosophical Dimensions of the Trial" -/- .

Philosophical discussions of the moralization of anger have not, to date, substantively engaged classical Chinese thought. This is unfortunate, given the abundance of appeals to moral anger in the classical literature, especially among the Confucians, and the suppression, expression, and functionalization of anger. Accordingly, this essay engages in two general projects: one interpretive, one applied. The interpretive project examines the manner in which classical Confucian thought regards anger as having both destructive and constructive aspects, how these aspects are unavoidable human (...) experiences, and how they can (and should) be regulated or recruited by ritualized social forms. Specifically, while the early Confucians at times depict anger as a precarious feeling to be assuaged, there are circumstances in which anger is not only understandable, but morally warranted. In this tradition, adherence to ritual prescriptions is a primary means by which problematic anger is alleviated while moral anger is effectively expressed, achieving prosocial ends without producing undue harm. This understanding and analysis of anger from a Confucian perspective gives rise to an applied project that considers how even contemporary, non-Confucians can ritualize and deploy anger for positive moral and political ends. In particular, I examine how forms of reconciliation, etiquette, and protest can be construed as rituals through which moral anger is effectively channeled. (shrink)

Some reasons are thought to depend on relations between people, such as that of a promiser to a promisee. It has sometimes been assumed that all reasons that are relational in this way are moral obligations. I argue, via a counter example, that there are non-obligatory relational reasons. If true, this has ramifications for relational theories of morality.

Smajdor argues that “recognition” is the solution to the “reifying attitude” that results from “the urge to protect ‘vulnerable’ people through exclusion from research”. Drawing on theories of reification, we argue that it is the concepts of autonomy and vulnerability themselves that have been reified, resulting in the impoverishment of approaches to autonomy at law and in research ethics. Overcoming such reification demands a deeper consideration of the grounds on which vulnerable individuals are owed recognition and thereby the forms such (...) recognition should take. Smajdor argues for a recognition that appeals to autonomy and that manifests in providing vulnerable individuals with the opportunity to assent. The problem is that this kind of recognition is dependent on a more fundamental kind. It is this second form of recognition that would need to do the heavy lifting for assent-based frameworks to avoid the same problems we find with consent. (shrink)

This paper defends the heretical view that, at least in some cases, we ought to assign legal liability based on purely statistical evidence. The argument draws on prominent civil law litigation concerning pharmaceutical negligence and asbestos-poisoning. The overall aim is to illustrate moral pitfalls that result from supposing that it is never appropriate to rely on bare statistics when settling a legal dispute.

The High Court continues to exercise its inherent jurisdiction to make declarations about interventions into the lives of situationally vulnerable adults with mental capacity. In light of protective responses of health care providers and the courts to decision-making situations involving capacitous vulnerable adults, this paper has two aims. The first is diagnostic. The second is normative. The first aim is to identify the harms to a capacitous vulnerable adult’s autonomy that arise on the basis of the characterisation of situational vulnerability (...) and autonomy as fundamentally opposed concepts or the failure to adequately acknowledge the conceptual relationship between them at common law. The second part of this aim is to draw upon developments in analytic feminist philosophy to illustrate how standard approaches to autonomy are ill-equipped to capture the autonomy issues of capacitous vulnerable adults when their decisions regarding care and treatment are at stake. The second (normative) aim is to develop an account of self-authorised, intersubjective autonomy on the basis of analytic feminist insights into the relational practices of recognition. This account not only attempts to capture the autonomy of capacitous vulnerable adults and account for the necessary harms to their autonomy that arise from standard common law responses to their situational vulnerability, it is also predicated on the distinctions between mental capacity, the satisfaction of conditions for informed consent and the exercise of autonomy, meaning that it is better placed to fulfil the primary aim of the inherent jurisdiction – to facilitate the autonomy of vulnerable adults with capacity. (shrink)

The concept of “harm” is ubiquitous in moral theorising, and yet remains poorly defined. Bradley suggests that the counterfactual comparative account of harm is the most plausible account currently available, but also argues that it is fatally flawed, since it falters on the omission and pre-emption problems. Hanna attempts to defend the counterfactual comparative account of harm against both problems. In this paper, I argue that Hanna’s defence fails. I also show how his defence highlights the fact that both the (...) omission and the pre-emption problems have the same root cause – the inability of the counterfactual comparative account of harm to allow for our implicit considerations regarding well-being when assessing harm. While its purported neutrality with regard to substantive theories of well-being is one of the reasons that this account is considered to be the most plausible on offer, I will argue that this neutrality is illusory. (shrink)

Harold Brown has written an ambitious work, which traces the formation of concepts in individuals and cultures, examines case studies of concepts in calculus, mathematics, biology and related fields, summarises important philosophical works on the theory of concepts, and seeks to reconcile scientific realism with conceptual change. Brown considers himself a scientific realist but concedes that this very label is one that depends on a long history of concepts that came before, and may indeed be superseded as conceptual change continues. (...) Yet, concepts are not strictly relative to their contexts. ‘‘The usual claim is that truth is relative – period; and this claim assumes a non-relativized truth-concept’’ (p. 309). Crucial to his goal of developing a theory of concepts is how Brown reconciles conceptual change with objectivity. (shrink)

Adopting a materialist approach to the mind has far reaching implications for many presuppositions regarding the properties of the brain, including those that have traditionally been consigned to “the mental” aspect of human being. One such presupposition is the conception of the disembodied self. In this article we aim to account for the self as a material entity, in that it is wholly the result of the physiological functioning of the embodied brain. Furthermore, we attempt to account for the structure (...) of the self by invoking the logic of the narrative. While our conception of narrative selfhood incorporates the work of both Freud and Dennett, we offer a critique of these two theorists and then proceed to amend their theories by means of complexity theory. We argue that the self can be characterised as a complex system, which allows us to account for the structure of the wholly material self. (shrink)

Criminal juries make decisions of great importance. A key criticism of juries is that they are unreliable in a multitude of ways, from exhibiting racial or gendered biases, to misunderstanding their role, to engaging in impropriety such as internet research. Recently, some have even claimed that the use of juries creates injustice on a large-scale, as a cause of low conviction rates for sexual criminality. Unfortunately, empirical research into jury deliberation is undermined by the fact that researchers are unable to (...) study live juries. The indirect sources of evidence used by researchers suffer from various problems, the most important of which is dubious levels of ecological validity. Real jury research—studying live jury deliberation—is controversial. However, as I argue, the objections to it are unconvincing. There is in fact a moral imperative to facilitate real jury research. (shrink)

Legal epistemology has been an area of great philosophical growth since the turn of the century. But recently, a number of philosophers have argued the entire project is misguided, claiming that it relies on an illicit transposition of the norms of individual epistemology to the legal arena. This paper uses these objections as a foil to consider the foundations of legal epistemology, particularly as it applies to the criminal law. The aim is to clarify the fundamental commitments of legal epistemology (...) and suggest a way to vindicate it. (shrink)

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are multiple sources of (...) incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

The late Robert Veatch, one of the United States’ founders of bioethics, never tired of reminding us that the paradigm-shifting contribution that bioethics made to patient care was to liberate patients out of the hands of doctors, who were traditionally seen to know best, even when they decidedly did not know best. It seems to us that with the advent of COVID-19, health policy has come full-circle on this. COVID-19 gave rise to a large number of purportedly “ethical” guidance documents (...) aiming to assist health care providers and practitioners with responding to the ethical challenges that might arise in their response to the pandemic. Ethics has two primary functions: provide clear action guidance, and provide clear action justification. The documents in question arguably reflect the ultimate policy triumph of bioethical “principlism”, and, perhaps surprisingly, as a corollary, the ultimate triumph of “doctor-knows-best”. (shrink)