This article addresses the pressing issue of what process courts should use to identify those questions whose resolution lies beyond their appropriate capacity and legitimacy. The search for such a process is a basic constitutional problem that has defied a clear answer for well over a hundred years. The chequered history of earlier attempts illustrates why commentators have once again begun to gravitate towards institutional approaches. The general features of institutional approaches include emphasis on uncertainty, judicial fallibility, systemic impact, collaboration (...) between branches of government and incrementalism in judging. These features, however, are relied upon in support of two conflicting views of the role of judges in public law adjudication. One is restrictive, and advocates sharp limitations to the ambit of judicial review. The other is contextual, and, in stark contrast, it proposes to expand the ambit of review in reliance on the idea of using principles of restraint to structure the exercise of judicial discretion. While this article does not take sides between them, it nonetheless seeks to refine the contextual institutional approach by outlining a general framework for reasoning with principles of restraint, and by addressing some of the key difficulties such a reasoning process would face. (shrink)

Avia Pasternak’s book makes a significant contribution to our understanding of citizen responsibility for historical wrongs. This review nevertheless offers some scepticism about resting citizen liability exclusively on the idea of intentional participation. It argues that the necessity of the state possessing continuing legal responsibility over time is so intrinsic to the function of statehood that the question of citizen liability should be seen as part of the general theory of political obligation. So seen, fair play duties provide a more (...) plausible general ground for citizen liability, even when adapted to unjust regimes. The model of intentional participation may by contrast harbour a muted connection between the ideas of blameworthiness and responsibility that the book in the main wishes to deny. And the practical problems of resting responsibility on intentional participation alone are substantial. Pasternak’s major contribution, untouched by this critique, is to explain how the special obligations undertaken by intentional citizenship strengthen and extend beyond that more foundational duty of responsible citizens. (shrink)

This article is the lead piece in a special report that presents the results of a bioethical investigation into chimeric research, which involves the insertion of human cells into nonhuman animals and nonhuman animal embryos, including into their brains. Rapid scientific developments in this field may advance knowledge and could lead to new therapies for humans. They also reveal the conceptual, ethical, and procedural limitations of existing ethics guidance for human‐nonhuman chimeric research. Led by bioethics researchers working closely with an (...) interdisciplinary work group, the investigation focused on generating conceptual clarity and identifying improvements to governance approaches, with the goal of helping scholars, funders, scientists, institutional leaders, and oversight bodies (embryonic stem cell research oversight [ESCRO] committees and institutional animal care and use committees [IACUCs]) deliver principled and trustworthy oversight of this area of science. The article, which focuses on human‐nonhuman animal chimeric research that is stem cell based, identifies key ethical issues in and offers ten recommendations regarding the ethics and oversight of this research. Turning from bioethics’ previous focus on human‐centered questions about the ethics of “humanization” and this research's potential impact on concepts like human dignity, this article emphasizes the importance of nonhuman animal welfare concerns in chimeric research and argues for less‐siloed governance and oversight and more‐comprehensive public communication. (shrink)

The book is aimed at students and scholars of law, politics and philosophy. Of unprecedented breadth, it offers both a survey of, and an original contribution to, the field by some the world's leading scholars of constitutional theory.

This chapter is devoted to criticisms of the views of propositions defended by my co-authors, Jeff King and Scott Soames. The focus is on criticism of their attempts to explain the representational properties of propositions. The criticisms are varied, but one theme is a tension between their view that our actions can explain the representational properties of propositions and their commitment to the idea that propositions have their representational properties essentially.

Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading (...) authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism. (shrink)

In Felicitous Underspecification, Jeffrey King draws our attention to a rich and underexplored collection of linguistic data. These are uses of context-sensitive expressions which seem perfectly felicitous despite being such that, on plausible assumptions, the context in which they are used falls short of securing for them a unique semantic value. This raises an immediate puzzle: if, as King argues, these uses of expressions really do lack unique semantic values in context, how can they—as they manifestly do—make contributions (...) to the conversations in which they occur? King answers this question with a novel theory of conversational updating. Here I focus less on this theory than on King’s examples, and consider some ways of accommodating them without positing felicitous underspecification. In some cases I give some reasons for thinking that the alternative explanation is superior. But my aim is less to establish this conclusion than to suggest some new options for thinking about these examples, and hopefully by so doing to advance the conversation about the data to which King has drawn our attention. (shrink)

I reply to criticisms from King and Soames and critically examine two aspects of current orthodoxy about propositions: that they are representational and that they are structured. I argue that (especially once one gives up on intrinsically representational propositions) there is no good reason to think that propositions have representational properties, and distinguish a few different senses in which propositions might be structured, expressing some skepticism about the more ambitious ones.

Demonstratives have different semantic values relative to different contexts of utterance. But it is surprisingly difficult to describe the function from contexts to contents which determines the semantic value of a given use of a demonstrative. It is very natural to think that the intentions of the speaker should play a significant role here. The aim of this paper is to discuss a pair of problems that arise for views which give intentions this central role in explaining the characters of (...) demonstratives. As will emerge, these problems lead quickly to a foundational question about the semantics of demonstratives and many other context-sensitive expressions: the question of whether, in explaining their characters, we need to understand them as sensitive, not just to facts about the psychology of the speaker of the context, but also to facts about the audience of the context. I critically examine Jeffrey King’s theory of demonstratives, which answers this question in the affirmative, and argue that it ultimately collapses into a purely speaker-based view of the character of demonstratives. I then show how to develop a much simpler speaker-based theory which both handles all of the cases handled by King’s theory and avoids some of the more serious problems which King’s theory faces. Towards the end I consider how we might solve the very difficult problems which result from cases in which speakers use demonstratives with conflicting referential intentions. (shrink)

THERE’S a well-known scene in Shakespeare’s Henry V in which the King, disguised as an ordinary soldier, is conversing with some of his soldiers on the eve of the battle of Agincourt. Hoping to find or inspire support among them, he remarks: “Methinks I could not die anywhere so contented as in the King’s company, his cause being just and his quarrel honorable.” One soldier replies: “That’s more than we know,” whereupon a second says: “Ay, or more than (...) we should seek after; for we know enough if we know we are the King’s subjects: if his cause be wrong, our obedience to the King wipes the crime of it out of us.”. (shrink)

This review-essay looks at three texts from, or about, the early days of the Situationist International. The first volume of Guy Debord’s Correspondence reveals the SI’s internal discussions during their decisive first three years; Bernstein’s book represents an example of the continued relevance of the technique of détournement; while Wark’s text demonstrates both the breadth of the Situationist project and that, despite being continually mined by the academy, activists, the creative industries, and other more sinister recuperators, their work has not (...) been depleted of its vitality. Taken together, the three books undermine a series of preconceptions about the SI, namely in terms of Debord’s role at the centre of the group and the SI’s engagement with the forces of the ‘spectacled’. (shrink)

I argue that the best way to solve Russell's problem of the relationship between propositions and their constituents is to think of propositions as properties of worlds. I argue that this view preserves the strengths and avoids some of the weaknesses of the view of the metaphysics of propositions defended by Jeff King in his _The Nature and Structure of Content_, and that it provides an explanation of the representational properties of propositions and the nature of indexical belief. (...) I conclude by discussing some problems about how to think about the semantics of propositional attitude ascriptions, if a view of this sort is correct. (shrink)

Over a decade after publication of Thinking Again: Education After Postmodernism (1998) contention still emerges among Foucaultians over whether discursively made‐up things really exist, and whether removal of the constituent subject leaves room for agency within techniques of caring for the self. That these questions are kept alive shows that some readers have not rethought Foucault, finding what possibly comes after postmodernism. Using Wittgenstein to ‘reciprocally illuminate’ Foucault (after Tully and Marshall), I open teacher inspection and reforms to problematization, as (...) relations to bedrock rules governing games of truth. ‘How, upon entering classrooms, do inspectors know “teaching” is taking place and not crazy and fuzzy things in its name?’ Taking up Hirst's vexing question, I move beyond liberal‐analytic concept‐mapping and neo‐liberal individualism to more fully assay the political ground for judging teaching practices through genealogy. Epistemological, political and ethical concerns intersect as we approach the problem through Foucault's three axes of an historical‐ontology of the present: knowledge(s), power relations, and arts of the self. Drawing on recent Governmentality Studies in Education (Peters., 2009), we aver the impasses of postmodern relativism while finding limited ranges of agency along each axis, as teachers practice freedoms by critiquing and renegotiating rules. (shrink)

In this paper I show that two arguments for the inconsistency of skeptical theism fail. After setting up the debate in Introduction section, I show in The initial debate section why Mylan Engel’s argument (Engel 2004) against skeptical theism does not succeed. In COST section I strengthen the argument so that it both avoids my reply to Engel and parallels Jon Laraudogoitia’s argument against skeptical theism (Laraudogoitia 2000). In COST* section, I provide three replies—one by an evidentialist theist, one by (...) a closure-denying theist, and one by a necessitarian theist, and argue that the necessitarian’s reply successfully rebuts the inconsistency charge. I conclude that skeptical theism which accepts God’s necessary existence is immune to both kinds of arguments for its inconsistency. (shrink)

The Manhattan Project, the allies' project during the Second World War to build the atomic bomb, did not represent a radical break in the development of twentieth-century science but rather an acceleration of developments already underway, ...

Drawing on experience teaching secondary philosophy students, I investigate meaningful engagement with Wittgenstein in a Grade 12 epistemology unit. The premise is that without some introduction to landmark philosophers of the early twentieth century, students are left out of many contemporary philosophical conversations: linguistic idealism or relativism, and nominalism versus realism. Wanting to share with students Foucault, Rorty, and Hacking, I need expedient avenues of approach. Using Wittgenstein's methods I offer practical, ‘shallow grounds’ for an eclectic syllabus conveying post-foundational epistemology, (...) justifying Wittgenstein's inclusion in a textbook written for diverse teenagers. Acknowledging teens’ marginality, I draw on Hekman and Scheman's appropriation of Wittgenstein to advance feminist critiques of enthralling traps in [masculinist] language: exploring nature/nurture boundaries (ferals, cyborgs, and ‘gender performativity’) toward combating discrimination in schools. Heeding Cavell, I.. (shrink)

In this paper I show that two arguments for the inconsistency of skeptical theism fail. After setting up the debate, I show why Mylan Engel's argument (Engel 2004) against skeptical theism does not succeed. I then strengthen the argument so that it both avoids my reply to Engel and parallels Jon Laraudogoitia's argument against skeptical theism (Laraudogoitia 2000). In the final section I provide three replies—one by an evidentialist theist, one by a closure-denying theist, and one by a necessitarian theist, (...) and argue that the necessitarian's reply successfully rebuts the inconsistency charge. I conclude that skeptical theism which accepts God's necessary existence is immune to both kinds of arguments for its inconsistency. (shrink)

The truth-conditional theory of sense holds that a theory of truth for a natural language can serve as a theory of sense: if knowledge of a theory of truth for a language L is sufficient for understanding utterance of L-sentences, the T-sentences of the theory 'show' the sense of the uttered object-language sentences. In this paper I aim to show that indexicals create a serious problem for this prima facie attractive theoretical option. The so-called 'instantiation problem' is that a truth-theory (...) for indexical languages needs to contain universal statements that show how the reference of indexicals depends on features of the utterance context. Now one can deduce from such statements T-sentences that do not show the sense of an indexical sentence on an occasion of use. I survey proposed solutions to the instantiation problem by Evans and Sainsbury and, unfortunately, find them all wanting. Perhaps there is nothing like the sense-giving truth-condition for an indexical sentence. (shrink)

The investigator seeks guidance related to a planned recruitment strategy of requiring participants to live within close proximity to the study site for the 32-week Phase II study examining the saf...

Animal welfare science and ecology are both generally concerned with the lives of animals, however they differ in their objectives and scope; the former studies the welfare of animals considered ‘domestic’ and under the domain of humans, while the latter studies wild animals with respect to ecological processes. Each of these approaches addresses certain aspects of the lives of animals living in the world though neither, we argue, tells us important information about the welfare of wild animals. This paper argues (...) for the development of a new scientific discipline ‘welfare biology’ to address these issues and more, given the deficiencies of pre-existing life science disciplines to research the subject. Welfare biology is the study of the welfare of all living beings who have a welfare, with a value orientation toward promoting that welfare, regardless of the beings’ situation or relationship to humans and our activities. (shrink)

ABSTRACT Sexting has become a prominent part of adolescent culture. Under current laws, adolescents caught sexting are being arrested, facing child pornography charges, and having to register as sex offenders. State laws on child pornography and child abuse differ throughout the United States and conflict with federal laws, making the ethical obligations for psychologists unclear. The purpose of this article is to promote awareness about legal obligations regarding adolescent sexting, address the ethical dilemma that psychologists face when adolescent sexting is (...) disclosed during psychological treatment, and to provide implications and recommendations for psychologists. (shrink)

On September 8, 2015, the Department of Health and Human Services issued a Notice of Proposed Rule Making to revise the Federal Policy for the Protection of Human Subjects, widely known as the “Common Rule.” The NPRM proposes several changes to the current system, including a dramatic shift in the approach to secondary research using biospecimens and data. Under the current rules, it is relatively easy to use biospecimens and data for secondary research. This approach systematically facilitates secondary research with (...) biospecimens and data, maximizing the capacity for substantial public benefit. However, it has been criticized as insufficiently protective of the privacy and autonomy interests of biospecimen and data sources. Thus, the NPRM proposes a more restrictive regime, although more so for biospecimens than data. Both the status quo and the NPRM's proposal are critically flawed. (shrink)

If stem cell-based therapies are developed, we will likely confront a difficult problem of justice: for biological reasons alone, the new therapies might benefit only a limited range of patients. In fact, they might benefit primarily white Americans, thereby exacerbating long-standing differences in health and health care.

Philosophy, science, and common sense all refer to propositions--things we believe and say, and things which are true or false. But there is no consensus on what sorts of things these entities are. Jeffrey C. King, Scott Soames, and Jeff Speaks argue that commitment to propositions is indispensable, and each defend their own views on the debate.

Many writers in bioethics, science, and medicine contend that embryo selection is a morally better way of avoiding genetic disorders then gene editing, as the latter has risks that the former does not. We argue that one reason to use gene editing is that in many cases it would be better for the person who would develop from the edited embryo, so that not to have done it would have been worse for that person. By contrast, embryo selection is never (...) better for the person who develops from the selected embryo. This reason to use gene editing has, however, been challenged on two grounds: first, that it makes no difference, morally, whether a bad effect is worse for someone, or a good effect better for someone; and, second, that beneficent gene editing would not be unequivocally better for the person who would develop from the edited embryo. We argue that both of these objections can be satisfactorily answered and thus that there is indeed a significant moral reason, at least in some cases, to use gene editing rather than embryo selection. (shrink)

This book argues that contextually sensitive expressions have felicitous uses in which they lack unique semantic values in context. It formulates a rule for updating the Stalnakerian common ground in cases in which an accepted sentence contains an expression lacking a unique semantic value in context.

Since the beginning of the AIDS epidemic, the proportion of AIDS cases among women has continued to rise. Women constituted 23 percent of the AIDS cases reported to the Centers for Disease Control and Prevention in 1995, and 81 percent of these women were of childbearing age. It was not until 1991, however, that epidemiological studies of women were initiated. By comparison, the representation of HIV-infected women in clinical trials gradually has grown. Undoubtedly, a consequence of the increased numbers of (...) women in clinical and epidemiological research is the earlier identification of and more appropriate treatments for HIV-related syndromes when women present in the clinical setting. Despite this expanded focus on women, however, clear information to guide the treatment of HIV-infected women who are pregnant is still lagging behind. (shrink)

The final moments of King Vidor's melodrama, Stella Dallas is famous as a tableau of exquisite pathos and feeling. This paper examines Stanley Cavell's reading of Vidor's tableau of an unknown woman in relation to Linda Williams's earlier feminist reading, it examines Cavell's dispute with Williams and seeks to offer a different reading of the film that takes the contemporary art historical discourse about tableau as its guide, and comes to the conclusion that Vidor's tableau anticipates the 'return to (...) painting' that marks Jeff Wall's famous photographic lightbox Picture for Women. Vidor's tableau is itself a lightbox that articulates the tension in American culture and life between the propriety of social order and the impropriety of modern social mobility. (shrink)

Alex Worsnip argues that structural rationality is a unified phenomenon, given the constitutive facts about the natures of our mental states. He also argues that structural rationality is normatively significant, given the reasons to which its requirements give rise. This paper breaks bad news: these two parts of Worsnip’s picture are strange bedfellows, since the sequences of states and processes that would clearly count as transgressing the structural-rationality-based reasons that he describes are precisely those sequences that are ruled out by (...) the constitutive facts about our mental states that he also describes. As a result, it is hard to see what transgressing our structural-rationality-based reasons could amount to on Worsnip’s overall picture, and thus hard to see how these reasons could be normative in an interestingly robust way. The present paper spells out this puzzle and then discusses how Worsnip might respond and how far it might generalize. (shrink)

What makes for a good education? What does one need to count as well-educated? Knowledge, to be sure. But knowledge is easily forgotten, and today's knowledge may be obsolete tomorrow. Skills, particularly in critical thinking, are crucial as well. But absent the right motivation, graduates may fail to put their skills to good use. In this book, Nathan King argues that intellectual virtues-traits like curiosity, intellectual humility, honesty, intellectual courage, and open-mindedness-are central to any education worthy of the name. (...) Further, such virtues are crucial to our functioning well in everyday life, in areas as diverse as personal relationships, responsible citizenship, civil discourse, and personal success. Our struggles in these areas often result from a failure to think virtuously. Drawing upon recent work in philosophy and psychology, King paints a portrait of virtuous intellectual character-and of the vices such a character opposes. Filled with examples and applications, this book introduces readers to the intellectual virtues: what they are, why they matter, and how we can grow in them. (shrink)

A just cause for war is a type of wrong that may make those responsible for it morally liable to military attack as a means of preventing or rectifying it. This claim has implications that conflict with assumptions of the current theory of just war.

Education as Freedom is a groundbreaking edited text that documents and reexamines African-American empirical, methodological, and theoretical contributions to knowledge-making, teaching, and learning and American education from the nineteenth through the twenty-first century, a dynamic period of African-American educational thought and activism. Education as Freedom is a long awaited text that historicizes the current racial achievement gap as well as illuminates the myriad of African American voices and actions to define the purpose of education and to push the limits of (...) the democratic experiment in the United States. (shrink)

Martin Luther King’s primary emphasis was upon ‘beloved community,’ a phrase he borrowed from Royce, but an idea that he shared with St. Augustine. Theories of the state tend to focus upon division, in which one stratum dominates another or others. King’s context is the US in the segregated South—a region whose internal divisions sharply instantiate the idea of the state as an unequal hierarchy of dominance. King’s appeal was less to end black subjugation than to end (...) subjugation as such. Hence King was called by some a ‘dreamer,’ given his background commitment to equality and community, ideals taking marginal precedence over his foreground commitment to liberty and autonomy. This article explores the notion of ‘beloved community’ broadly and then specifically in Martin Luther King along with related notions in Howard Thurman and in Josiah Royce. (shrink)

My paper has two aims: to underscore the importance of differently time-indexed ‘ought implies can’ principles; and to apply this to the culpable inability problem. Sometimes we make ourselves unable to do what we ought, but in those cases, we may still fail to do what we ought. This is taken to be a serious problem for synchronic ‘ought implies can’ principles, with a simultaneous ‘ought’ and ‘can’. Some take it to support diachronic ‘ought implies can’, with a potentially temporally (...) distinct ‘ought’ and ‘can’. I will argue that this problem is not avoided by diachronic ‘ought implies can’. (shrink)

How a person perceives a wrongdoing being committed by a coworker will affect whether the incident is reported within the organization. A significant factor that may influence the decision to report a wrongdoing is the perceived intentionality of the wrongdoer. This study sought to examine if differences in perceptions of a wrongdoing could affect the disclosure of unethical behavior. Three hundred seventy-two registered nurses (N = 372) responded to a survey consisting of both intentional and unintentional wrongdoings that could occur (...) by a nurse. Results of a paired t-test were as predicted. More wide ranging revelations found that respondents were more likely to discuss the unintentional wrongdoings with the wrongdoer in lieu of officially reporting to an immediate supervisor, or a member of upper management. Discussion, limitations, and suggestions for future research are provided. (shrink)

This study investigates ethical decision-making by considering the differences in ethical judgments between undergraduate business and MBA students on selected ethical issues facing employees and managers of today's businesses. The study further investigates differences in ethical judgments between undergraduates and MBAs in terms of a perceived position as an employee or as a manager. The findings indicate that undergraduate students tend to be more ethical than MBA students and that both groups tend to be more ethical when they perceive themselves (...) as managers rather than employees. The authors discuss the implications for both business practitioners and educators. (shrink)

Philosophical work on testimony has flourished in recent years. Testimony roughly involves a source affirming or stating something in an attempt to transfer information to one or more persons. It is often said that the topic of testimony has been neglected throughout most of the history of philosophy, aside from contributions by David Hume (1711–1776) and Thomas Reid (1710–1796).1 True as this may be, Hume and Reid aren’t the only ones who deserve a tip of the hat for recognizing the (...) importance of testimony: St. Augustine of Hippo (354–430) affirms the place of testimony in human cognition, at least in his later writings. (shrink)

The trigonometric table and its construction principles were introduced to China as part of calendar reform, spear-headed by Xu Guangqi in the late 1620s to early 1630s. Chinese scholars attempted and succeeded in uncovering how the construction principles were established in the seventeenth century and then in the eighteenth century expanded to include more algorithms to compute the values of trigonometric lines. Successful as they were in discoursing the construction principles, most Chinese scholars did not actually construct trigonometric tables anew. (...) In the early nineteenth century, a revolutionary approach was developed, which resembles computing a finite sum of power series to trigonometric functions of an arbitrary arc less than a one-half circle. Though hailed by many modern historians as Chinese achievements in developing “infinite series” of trigonometric functions, this approach was viewed by the actors at the time as a quick means to construct trigonometric tables. Interestingly, even with these “quick” methods, no trigonometric table was constructed. Besides the fact that constructing a trigonometric table afresh is a time-consuming business, the classification of the trigonometric table and their construction principles into different genres of knowledge by scholars offers an additional explanation of drastically uneven treatment of trigonometric tables and their construction principles. (shrink)

This innovative book proposes that what we think of as “moral conscience” is essentially the exercise of reflective judgment on the goods and ends arising in interpersonal relations, and that such judgment constitutes a form of taste. Through an historical survey Mitchell shows that the constant pendant to taste was an educational and cultural ideal, namely, that of the gentleman, whether he was an ancient Greek citizen-soldier, Roman magistrate, Confucian scholar-bureaucrat, Renaissance courtier, or Victorian grandee. Mitchell argues that it was (...) neither an ethical doctrine nor methodology that provided the high cultures with moral and political leadership, but rather an elite social order. While the gentry in the traditional sense no longer exists, it nevertheless made significant historical contributions, and insofar as we are concerned to understand the present state of human affairs, we need to grasp the nature and import of said contributions. (shrink)