Trial by jury is a fundamental feature of democratic governance. But what form should jury decision-making take? I argue against the status quo system in which juries are encouraged and even required to engage in group deliberation as a means to reaching a decision. Jury deliberation is problematic for both theoretical and empirical reasons. On the theoretical front, deliberation destroys the independence of jurors’ judgments that is needed for certain attractive theoretical results. On the empirical front, we have evidence from (...) both legal and non-legal contexts that group deliberation often leads to group judgments that are worse in a number of respects than judgments generated by non-interactional methods of judgment aggregation. Finally, I examine some possible alternatives to free-wheeling jury deliberation, including the constrained and structured deliberation embodied in the DELPHI method, voting, and averaging of probabilistic judgments. (shrink)

In the _Nichomachean Ethics_, Aristotle defines three kinds of friendship: utility, pleasure, and virtue. The characters in the films of Sean Baker fit into none of these categories. Friendship is central to all of Baker’s films, but it takes the non-Aristotelian form of “friends, no matter what,” which I interpret as a description of the aporia of friendship, of an impossible friend, or a friend in the realm of fantasy. In other words, friends are only friends when they resist everything (...) friends are supposed to do. Betrayal, lies, and complications sit at the heart of this new definition. One mechanism for this kind of friendship is _mourning_. Friends are only friends when friendship is mourned, or when it is part of a crypt, or a vault for losses that are too traumatic to confront fully, as set out in the work of Sigmund Freud, Jacques Derrida, Nicolas Abraham and Mária Török, and developed by Laurence Rickels. This reading of mourning puts a particular spin on fantasy, for if fantasy is generally assumed to be about wish-fulfillment, then when fantasy reaches into the crypt for inspiration, it is retooled into a vehicle for confronting what is too hard to face. This is the function of friendship in Baker’s films: his friends are Judas figures going against their friends in order to keep their friendship alive. In _Tangerine_ (2015), two transgender sex workers in West Hollywood develop their friendship around a fight over a man. In _Starlet_ (2012), a young woman hides a secret from her elderly female friend, and this friendship is only saved when another actress betrays this secret. In these films, friendship is paradoxically formed by attempting to ruin friendship. Thought on fantasy and mourning will help in defining this type of non-Aristotelian friendship, as well as Freud’s work on the “ambivalence of feeling” from his writing on the First World War. (shrink)

This article introduces the special issue on middle-range theory in science and technology studies, providing the background to its production and reviewing different notions of “middle.” It begins with Merton's ideas about middle-range theory as a way of moving beyond the production of either descriptions or theories of everything. Instead of seeing the middle as the space between the theoretical imagination and the detailed depiction of everyday practices, the authors outline three ways of thinking about the middle range: as an (...) adjective, the closest to Merton's conception; as a noun, the liminal place between theories, audiences, and levels; and as a verb, a process, a means of making connections across time, discipline, community, and place. A summary of each of the articles in this special issue is provided, preceding a call for further discussion about the role of case studies and the nature of the middle in STS. (shrink)

© The Author 2017. Published by Oxford University Press on behalf of The Analysis Trust. All rights reserved. For Permissions, please email: [email protected] article is published and distributed under the terms of the Oxford University Press, Standard Journals Publication Model...The editors of this interesting collection,1 Stephan Blatti and Paul Snowdon, have placed the various essays, most of which were specially written for this volume, in three categories: Part I contains articles critical of animalism; Part II contains essays defending animalism and (...) Part III contains essays drawing out the consequences and practical applications of animalism. After some introductory remarks, I will discuss two of the essays attacking animalism – those of Derek Parfit and Mark Johnston – and then comment on Paul Snowdon’s essay....First, though, a word on the definition of animalism. In their Introduction, Blatti and Snowdon define animalism as ‘… the... (shrink)

In this paper, I argue that neither the #257 argument nor the #258 argument in Wittgenstein's Philosophical Investigations undermines the coherence of the Cartesian Model, according to which a sensation word, such as `headache' or `tickle', gets its meaning in virtue of an act of `inner' association or ostensive definition. In addition, I argue against the standard assumption that the diarist's language of #258 is logically private.

Can war ever be just? By what right do we charge people with war crimes? Can war itself be a crime? What is a good peace treaty? Since the Cold War ended in the early 1990s, many wars have erupted, inflaming such areas as the Persian Gulf, Central Africa and Central Europe. Brutalities committed during these conflicts have sparked new interest in the ethics of war and peace. Brian Orend explores the ethics of war and peace from a Kantian (...) perspective, emphasizing human rights protection, the rule of international law and a fully global concept of justice. Contending that Kant’s just war doctrine has not been given its due, Orend displays Kant’s theory to its fullest, impressive effect. He then completely and clearly updates Kant’s perspective for application to our time. Along the way, he criticizes pacifism and realism, explores the nature of human rights protection during wartime, and defends a theory of just war. He also looks ahead to future developments in global institutional reform using cases from the Persian Gulf War, Somalia, Bosnia, and Rwanda to illustrate his argument. Controversial and timely, perhaps the most important contribution War and International Justice: A Kantian Perspective makes is with regard to the question of justice after war. Orend offers a principled theory of war termination, making an urgent plea to reform current international law. (shrink)

In this article the work of a recent critic of moral vegetarianism (and veganism) is analyzed: Andrew F. Smith. Smith s work is significant for process thinkers who defend moral vegetarianism for various reasons. One of these is that he forces process thinkers to consider in more depth Whitehead’s view of plant ontology; another is that Smith adds insightfully to the conversation within process thought regarding the relationship between claims regarding animal rights and the ecoholistic concerns of environmental ethicists.

A number of authors have combined a commitment to Darwinian evolution as a major source of insight into human nature with a strong commitment to environmentalist concerns. The most notable of these is perhaps Edward O. Wilson, in a series of books. Yet it may appear that there is a tension between Darwinism as a world-view – or least some major aspects of it – and a concern for non-human entities as worthy of concern in their own right. In the (...) present paper, I want to address some of the reasons for thinking there is such a tension. (shrink)

This essay is the first of two seeking to draw out an ontology of peace from Paul Ricoeur’s thought. This first essay (Part I) argues that Ricoeur’s hermeneutics of creation provides the best starting point because of its insistence on the goodness of created being. Ricoeur develops this conviction from his reading of the biblical creation accounts, which I follow through three texts from three periods of Ricoeur’s work. In The Symbolism of Evil, Ricoeur show that peace rather than violence (...) is most fundamental to creation. In his essay “On the Exegesis of Gen 1:1-2:4a,” he expands his interpretation to consider the combat imagery in the Psalms, but shows how the text interprets the separation and ordering of creation as a work of providential wisdom rather than violence. In Thinking Biblically, Ricoeur complicates his earlier hermeneutics of creation by bringing in themes of mastery, chaos, and fragility—three themes that need careful interpretation in order to preserve Ricoeur’s earlier emphasis on the goodness and peacefulness of creation. This preservation is possible, I argue, by recovering Ricoeur’s early Christological reflections in The Symbolism of Evil, which point to the hope of an ultimate, eschatological victory over violence. I conclude by arguing that Ricoeur’s hermeneutics can help us to imagine peace, which is crucial to the practice of peace. (shrink)

In most children’s hospitals, there are very few ethics consultations, even though there are many ethically complex cases. We hypothesize that the reason for this may be that hospitals develop different mechanisms to address ethical issues and that many of these mechanisms are closer in spirit to the goals of the pioneers of clinical ethics than is the mechanism of a formal ethics consultation. To show how this is true, we first review the history of collaboration between philosophers and physicians (...) about clinical dilemmas. Then, as a case-study, we describe the different venues that have developed at one children’s hospital to address ethical issues. At our hospital, there are nine different venues in which ethical issues are regularly and explicitly addressed. They are ethics committee meetings, Nursing Ethics Forum, ethics Brown Bag workshops, PICU ethics rounds, Grand Rounds, NICU Comprehensive Care Rounds, Palliative Care Team case conferences, multidisciplinary consults in Fetal Health Center, and ethics consultations. In our hospital, ethics consults account for only a tiny percentage of ethics discussions. We suspect that most hospitals have multiple and varied venues for ethics discussions. We hope this case study will stimulate research in other hospitals analyzing the various ways in which ethicists and ethics committees can build an ethical environment in hospitals. Such research might suggest that ethicists need to develop a different set of “core competencies” than the ones that are needed to do ethics consultations. Instead, they should focus on their skills in creating multiple “moral spaces” in which regular and ongoing discussion of ethical issues would take place. A successful ethicist would empower everyone in the hospital to speak up about the values that they believe are central to respectful, collaborative practice and patient care. Such a role is closer to what the first hospital philosophers set out to do than in the role of the typical hospital ethics consultant today. (shrink)

Brian Barry examines the idea that the demands of justice in a given society can be ascertained by interpreting the shared understandings of the meanings of the goods that are to be distributed. Focusing on Michael Walzer's claims regarding the meanings of such goods as money, health, and leisure, Barry argues that for meanings to determine the uniquely right distributions, the criteria of distribution need to be built into the meanings. He criticizes the implications of Walzer's theory for thinking (...) about global justice. (shrink)

This article examines the mobilization of resources for the Human Genome Mapping Project in the United Kingdom. The Project was established through an award of additional funds to the Medical Research Council at a time of financial stringency within publicly funded science, accompanied by relatively little of the debate that had surrounded the U.S. initiative. It is argued, following Fujimura and Star’s terminology, that the project was “packaged” and repackaged by its proponents so that it aligned the, otherwise disparate, agendas (...) of several “social worlds.” Furthermore, by bringing together certain social worlds and not others, some issues were also excluded from discussion. In this instance, the social and ethical issues surrounding genetic mapping were accorded a much lower profile than in other national programs. (shrink)

Practically Religious: Worldly Benefits and the Common Religion of Japan. Ian Reader and George J. Tanabe Jr. Hawai'i University Press, Honolulu 1998. xii, 303 pp. $45 ISBN 0-8248-2065-7; $22.95 ISBN 0-8248-209-8.

Proteins account for the catalytic and structural versatility displayed by all cells, yet they are assembled from a set of only 20 common amino acids. With few exceptions, only 61 nucleotide triplets also direct incorporation of these amino acids. Endeavors to expand the genetic code recently progressed to nucleus‐containing cells, after Chin et al.1 transferred Escherichia coli genes for a mutant tyrosine‐adaptor molecule and its synthetase into Saccharomyces cerevisiae. Transformed yeast cells were produced that exhibit efficient site‐specific incorporation of non‐biotic (...) amino acids into proteins. This makes it likely that code complexity can be elevated experimentally in mammals. BioEssays 26:111–115, 2004. © 2004 Wiley Periodicals, Inc. (shrink)

Aquinas never describes himself as a ‘philosopher.’ He typically uses that word when referring to such “pagans” as Aristotle. Yet he often presents what we can now view as purely philosophical arguments. And it is some of these with which MacIntosh is concerned in this fine new book, which is divided into three parts, as is Aquinas’s Summa Theologiae. MacIntosh has previously published two books on Robert Boyle, who features from time to time in the present volume.In part 1, “Natural (...) Philosophy,” MacIntosh reports a number of things that Aquinas has to say about necessity and possibility, causality, time and motion, and time and infinity. Part 2, “Natural Theology,” deals with Aquinas under the headings... (shrink)

A study of the major themes in traditional and contemporary philosophy.

Introduction Understanding the views of the public is essential if generally acceptable policies are to be devised that balance research access to general practice patient records with protection of patients' privacy. However, few large studies have been conducted about public attitudes to research access to personal health information. Methods A mixed methods study was performed. Informed by focus groups and literature review, a questionnaire was designed which assessed attitudes to research access to personal health information and factors that influence these. (...) A postal survey was conducted of an electoral roll-based sample of the adult population of Ireland. Results Completed questionnaires were returned by 1575 (40.6%). Among the respondents, 67.5% were unwilling to allow GPs to decide when researchers could access identifiable personal health information. However, 89.5% said they would agree to ongoing consent arrangements, allowing the sharing by GPs of anonymous personal health information with researchers without the need for consent on a study-by-study basis. Increasing age (by each 10-year increment), being retired and primary level education only were significantly associated with an increased likelihood of agreeing that any personal health information could be shared on an ongoing basis: OR 1.39 (95% CI 1.18 to 1.63), 2.00 (95% CI 1.22 to 3.29) and 3.91 (95% CI 1.95 to 7.85), respectively. Conclusions Although survey data can be prone to response biases, this study suggests that prior consent agreements allowing the supply by GPs of anonymous personal health information to researchers may be widely supported, and that populations willing to opt in to such arrangements may be sufficiently representative to facilitate valid and robust consent-dependent observational research. (shrink)

I analyze the “Sportsman’s Code,” arguing that several of its rules presuppose a respect for animals that renders hunting a prima facie wrong. I summarize the main arguments used to justify hunting and consider them in relation to the prima facie case against hunting entailed by the sportsman’s code. Sport hunters, I argue, are in a paradoxical position—the more conscientiously they follow the code, themore strongly their behavior exemplifies a respect for animals that undermines the possibilities of justifying hunting altogether. (...) I consider several responses, including embracing the paradox, renouncing the code, and renouncing hunting. (shrink)

In this chapter, I argue that in addition to the generally accepted aim of reducing traffic-related injuries and deaths as much as possible, a principle of fairness in the distribution of risk should inform our thinking about how firms that produce autonomous vehicles ought to program them to respond in conflict situations involving human-driven vehicles. This principle, I claim, rules out programming autonomous vehicles to systematically prioritize the interests of their occupants over those of the occupants of other vehicles, including (...) human-driven vehicles. Because there is reason to think that most consumers would prefer to purchase autonomous vehicles that do systematically prioritize the interests of occupants over those of others, if my argument is correct it generates a substantial ethical restriction on firms’ efforts to gain market share in the initial stages of the introduction of autonomous vehicles onto the road. (shrink)

This book examines several epistemological regimes in studies of numerical data over the last four centuries. It distinguishes these regimes and mobilises questions present in the philosophy of science, sociology and historical works throughout the 20th century. Attention is given to the skills of scholars and their methods, their assumptions, and the socio-historical conditions that made calculations and their interpretations possible. In doing so, questions posed as early as Émile Durkheim’s and Ernst Cassirer’s ones are revisited and the concept of (...) symbolic form is put to the test in this particular survey, conducted over long period of time. Although distinct from a methodological and epistemological point of view, today these regimes may be found together in the toolbox of statisticians and those who comment on their conclusions. As such, the book is addressed to social scientists and historians and all those who are interested in numerical productions. (shrink)