Dr Noel Semple, Professor Russell Pearce and Professor Renee Knake combine to compare legal profession regulation in the US with that of the countries closest to it institutionally and culturally: Canada, Australia, New Zealand, the United Kingdom and Ireland. This enables them to develop an illuminating taxonomy of legal professional regulation, and to describe the assumptions and objectives underlying the different approaches to regulation. The US and Canada provide a 'professionalist-independent framework' that centres on 'a unified, hegemonic occupation (...) of lawyer' which promotes self-regulation, and the exclusion of non-lawyers from partnership and investment in law practices. By contrast, in other countries that they examine, 'consumerist-competitive approaches' predominate, opening up the profession to co-regulation with executive government and allowing for different forms of legal occupations and non-lawyer influence and investment in law practices. Of course, as they show, in some countries there are combinations and hybrids of these two approaches. Unlike Rhode, who endorses England and Wales' consumerist-competitive approach to regulation in the Legal Services Act 2007, Semple, Pearce and Knake consciously avoid stating a preference for one approach over the other. (shrink)

The excellent quality and depth of the various essays make [the book] an invaluable resource....It is likely to become essential reading in its field.—CHOICE.

I argue that inferences from highly probabilifying racial generalizations are not solely objectionable because acting on such inferences would be problematic, or they violate a moral norm, but because they violate a distinctively epistemic norm. They involve accepting a proposition when, given the costs of a mistake, one is not adequately justified in doing so. First I sketch an account of the nature of adequate justification—practical adequacy with respect to eliminating the ~p possibilities from one’s epistemic statespace. Second, I argue (...) that inferences based on demographic generalizations tend to disproportionately expose group members to the risks associated with mistakenly assuming stereotypical propositions, and so magnify the wrong involved in relying on such inferences without adequate justification. (shrink)

I argue that the offense generation pattern of slurring terms parallels that of impoliteness behaviors, and is best explained by appeal to similar purely pragmatic mechanisms. In choosing to use a slurring term rather than its neutral counterpart, the speaker signals that she endorses the term. Such an endorsement warrants offense, and consequently slurs generate offense whenever a speaker's use demonstrates a contrastive preference for the slurring term. Since this explanation comes at low theoretical cost and imposes few constraints on (...) an account of the semantics of slurs, this suggests that we should not require semantic accounts to provide an independent explanation of the offense profile. (shrink)

The problem of moral disagreement has been presented as an objection to contextualist semantics for ‘ought’, since it is not clear that contextualism can accommodate or give a convincing gloss of such disagreement. I argue that independently of our semantics, disagreements over ‘ought’ in non-cooperative contexts are best understood as indirect metalinguistic disputes, which is easily accommodated by contextualism. If this is correct, then rather than posing a problem for contextualism, the data from moral disagreements provides some reason to adopt (...) a semantics that allows contextual variance in the meanings of ‘ought’. (shrink)

Several authors have recently suggested that moral factors and norms `encroach' on the epistemic, and because of salient parallels to pragmatic encroachment views in epistemology, these suggestions have been dubbed `moral encroachment views'. This paper distinguishes between variants of the moral encroachment thesis, pointing out how they address different problems, are motivated by different considerations, and are not all subject to the same objections. It also explores how the family of moral encroachment views compare to classical pragmatic encroachment accounts.

This is the first book in which contemporary scientists and mystics share with us-in their own words-their views on space, time, matter, energy, life, consciousness, creation and on our place in the scheme of things. The book is also the story of an American philosopher who-with these dialogues-ventures into ground-breaking territory, and of her search in America, Europe, India and Nepal for people whose work is at the center of our understanding of reality.

In addition to protecting agents’ autonomy, consent plays a crucial social role: it enables agents to secure partners in valuable interactions that would be prohibitively morally risk otherwise. To do this, consent must be observable: agents must be able to track the facts about whether they have received a consent-based permission. I argue that this morally justifies a consent-practice on which communicating that one consents is sufficient for consent, but also generates robust constraints on what sorts of behaviors can be (...) taken as consent- communicating. (shrink)

Law-enforcement agencies are increasingly able to leverage crime statistics to make risk predictions for particular individuals, employing a form of inference that some condemn as violating the right to be “treated as an individual.” I suggest that the right encodes agents’ entitlement to a fair distribution of the burdens and benefits of the rule of law. Rather than precluding statistical prediction, it requires that citizens be able to anticipate which variables will be used as predictors and act intentionally to avoid (...) them. Furthermore, it condemns reliance on various indexes of distributive injustice, or unchosen properties, as evidence of law-breaking. (shrink)

Some, but not all, of the mistakes a person makes when acting in apparently necessary self-defense are reasonable: we take them not to violate the rights of the apparent aggressor. I argue that this is explained by duties grounded in agents' entitlements to a fair distribution of the risk of suffering unjust harm. I suggest that the content of these duties is filled in by a social signaling norm, and offer some moral constraints on the form such a norm can (...) take. (shrink)

Sometimes speakers within a linguistic community use a term that they do not conceptualize as a slur, but which other members of that community do. Sometimes these speakers are ignorant or naïve, but not always. This article explores a puzzle raised when some speakers stubbornly maintain that a contested term t is not derogatory. Because the semantic content of a term depends on the language, to say that their use of t is semantically derogatory despite their claims and intentions, we (...) must individuate languages in a way that counts them as speaking our language L, assigns t a determinately derogatory content in L, and still accommodates the other features of slurs’ linguistic profile. Given the difficulty of doing this, there is some reason to give a non-semantic analysis of the derogatory aspect of slurs. The author suggests that rather than dismissing the stubborn as semantically incompetent, we would do better to appeal to expected uptake as moral reasons for the stubborn to adjust their linguistic practices. (shrink)

A regulative norm for permissible defense distinguishes the conditions under which we will hold defenders to be innocent of any wrongdoing from those in which we hold them responsible for assault or manslaughter. The norm must strike a fair balance between defenders' security, on the one hand, and other agents’ legitimate claim to live without fear of suffering mistaken defensive harm, on the other. Since agents must make defensive decisions under high pressure and on only partial information, they will sometimes (...) make mistakes. We have reason to want a norm that considers a mistake permissible when it was highly likely on the evidence that defense was proportionate and necessary to avert a threat. However, adopting an evidentialist norm under non-ideal conditions is treacherous business. I briefly survey empirical data suggesting that the type and extent of bias prevalent in the US renders a straightforward evidentialist norm unjust, and thus since the legal practice in the US relies on such a norm, we must explore avenues for reform. Preferably this will take the form of adopting a modified evidential norm, and I explore some promising options. If this proves impossible, however, then we have to accept a strict regulative norm (which does not consider any mistakes permissible), as the sole just alternative. (shrink)

A ‘vestigial social practice' is a norm, convention, or social behavior that persists even when few endorse it or its original justifying rationale. Begby (2021) explores social explanations for the persistence of prejudice, arguing that even if we all privately disavow a stereotype, we might nevertheless continue acting as if it is true because we believe that others expect us to. Meanwhile the persistence of the practice provides something like implicit testimonial evidence for the prejudice that would justify it, making (...) it rational for members of the next generation to acquire the corresponding prejudiced beliefs. This paper distinguishes between three different types of vestigial social practice in terms of the underlying explanatory mechanisms, and argues that the persistence of prejudicial social stereotypes is most tightly linked not to others’ beliefs or expectations, but to the ways that material infrastructure constrains options shapes social outcomes. Given that, the persistence of a practice only provides grounds to infer that most people endorse the corresponding prejudiced belief only if we are in a position to dismiss relevant alternative explanations. (shrink)

In some cases, there appears to be an asymmetry in the evidential value of statistical and more individualized evidence. For example, while I may accept that Alex is guilty based on eyewitness testimony that is 80% likely to be accurate, it does not seem permissible to do so based on the fact that 80% of a group that Alex is a member of are guilty. In this paper I suggest that rather than reflecting a deep defect in statistical evidence, this (...) asymmetry might arise from a general constraint on rational inquiry. Plausibly the degree of evidential support needed to justify taking a proposition to be true depends on the stakes of error. While relying on statistical evidence plausibly raises the stakes by introducing new kinds of risk to members of the reference class, paradigmatically `individualized' evidence---evidence tracing back to A's voluntary behavior---can lower the stakes. The net result explains the apparent evidential asymmetry without positing a deep difference in the brute justificatory power of different types of evidence. (shrink)

Written by a sociologist and a biologist and science historian, this text considers the social aspects of organ transplantation and chronic hemodialysis. Their research, begun in 1968, focused on the experience of research physicians engaged in this work, the "gift- exchange" social dimensions of these practices, and the impact of these technologies on society as a whole. This reprint of the 1978 edition includes a new introduction by the authors. c. Book News Inc.

​I evaluate a suggestion, floated by Kimberly Ferzan (this volume), that the twitter hashtag campaign #BelieveWomen is best accommodated by non-reductionist views of testimonial justification. I argue that the issue is ultimately one about the ethical obligation to trust women, rather than a question of what grounds testimonial justification. I also suggest that the hashtag campaign does not simply assert that ‘we should trust women’, but also militates against a pernicious striking-property generic (roughly: ‘women make false sexual assault accusations’), that (...) distorts our evaluation of women’s testimony concerning sexual assault. I conclude #BelieveWomen does not demand that we believe against the evidence, or uncritically, or be more trusting than we have evidential justification to be. Rather, it aims to bring our trust closer to what is merited by the base-rate of reliable testimony from women concerning sexual assault. (shrink)

In 2020, the Maldives instituted a transitional justice process to address decades of systematic human rights abuses including the widespread use of arbitrary arrest and detention, torture, and the forced depopulation of entire island communities. While the country’s decision to confront its violent past is not unusual, the institution it has established to undertake that task is. Rather than institute a truth and reconciliation commission (TRC), refer cases to its Human Rights Commission, or undertake criminal trials in its domestic judicial (...) system, the Maldives has taken the unprecedented step of establishing a temporary Ombudsperson’s Office for Transitional Justice (OTJ). Comparing the OTJ to national human rights institutions and TRCs, this article examines how and why the Maldives’ transitional justice process has taken this unusual form. It suggests that the OTJ represents a new attempt to address the full range of human rights abuses, including violations of social and economic rights, perpetrated by repressive regimes. (shrink)

A popular informal argument suggests that statistics about the preponderance of criminal involvement among particular demographic groups partially justify others in making defensive mistakes against members of the group. One could worry that evidence-relative accounts of moral rights vindicate this argument. After constructing the strongest form of this objection, I offer several replies: most demographic statistics face an unmet challenge from reference class problems, even those that meet it fail to ground non-negligible conditional probabilities, even if they did, they introduce (...) new costs likely to cancel out any justificatory contribution of the statistic, but even if they didn’t, demographic facts are the wrong sort to make a moral difference to agents’ negative rights. I conclude that the popular argument should be rejected, and evidence-relative theories do not have the worrisome implication. (shrink)

An intractable problem that characterizes the contemporary philosophical discussion of emotion is whether emotions are fundamentally cognitive or noncognitive. In this article, I will establish tha...

The author discusses the ways in which she finds the University of Pittsburgh Medical Center protocol for procuring organs from "non-heart-beating cadaver donors" medically and morally questionable and irreverent. She also identifies some of the factors that contributed to the composition of this troubling protocol, and to its institutional approval.

This article examines gay men’s efforts to break into the exclusive traditional fraternity institution by adopting the hegemonic model on their own terms. The authors examined to what extent members of a national gay fraternity, Delta Lambda Phi challenged or modified the entrenched fraternity culture that was hostile to homosexuals and whether they resisted or reproduced hegemonic masculinity in their efforts to redefine the meaning of college fraternities. This research examines gay fraternities in relation to two dimensions of hegemonic masculinity. (...) The authors explore how members of gay fraternities negotiated their stigmatized status among other men—that is, within the internal dimension of hegemonic masculinity. They explore the external dimension of hegemonic masculinity by analyzing how gay brothers, as men, related to all women. The authors further examine the connection between these two hegemonic dimensions and provide evidence showing how these two dimensions are coupled or disjointed. (shrink)

An abundance of information about lung development in animal models exists; however, comparatively little is known about lung development in humans. Recent advances using primary human lung tissue combined with the use of human in vitro model systems, such as human pluripotent stem cell‐derived tissue, have led to a growing understanding of the mechanisms governing human lung development. They have illuminated key differences between animal models and humans, underscoring the need for continued advancements in modeling human lung development and utilizing (...) human tissue. This review discusses the use of human tissue and the use of human in vitro model systems that have been leveraged to better understand key regulators of human lung development and that have identified uniquely human features of development. This review also examines the implementation and challenges of human model systems and discusses how they can be applied to address knowledge gaps. (shrink)

The most notable contributions to contemporary philosophy of mind have been written by philosophers of mind for philosophers of mind. Without a good understanding of the historical framework, the technical terminology, the philosophical methodology, and the nature of the philosophical problems themselves, not only do undergraduate students face a difficult challenge when taking a first course in philosophy of mind, but instructors lacking specialized knowledge in this field might be put off from teaching the course. This paper is intended to (...) provide a framework for instructors with little background in this area of philosophy to develop a course in philosophy of mind. This course, aimed at the advanced undergraduate student, provides students with the tools necessary for understanding some of the key readings in contemporary philosophy of mind and offers unique benefits to both majors and non-majors. The course described here focuses on just two of the main problems in philosophy of mind—the mind-body problem and the problem of phenomenal consciousness—and briefly touches on other issues one might address. Finally, several solutions to common challenges that arise in an advanced philosophy course are discussed. (shrink)

Midwest Studies In Philosophy, EarlyView.

There has been recent discussion of a puzzle posed by emotions that are backward looking. Though our emotions commonly diminish over time, how can they diminish fittingly if they are an accurate appraisal of an event that is situated in the past? Agnes Callard (2017) has offered a solution by providing an account of anger in which anger is both backwards looking and resolvable, yet her account depends upon contrition to explain anger’s fitting diminishment. My aim is to explain how (...) anger can fittingly diminish even when there is lack of contrition. I propose a permissivism about fittingness by showing that both anger and compassion are fitting responses to blameworthy behaviour. I argue that anger is rendered fitting because it accurately appraises the behaviour, whereas compassion becomes fitting as a valuational response to what the behaviour reveals about the lived experience of the offender. I then respond to some worries my account raises, and I clarify details of my account to show that it is not unrealistic to the way some of our anger actually does diminish. I end with a proposal that our anger can fittingly diminish through the act of forgiveness when compassion is not a forthcoming affective response. (shrink)

This contribution uses the career and writings of Juan Solórzano Pereira (1575–1655) to probe the relationship between mercury, governance, and the obligations of individuals to the early modern Iberian state. It focuses specifically on two terms often employed in the context of practical governance—“bien público” (public good) and “hacienda” (treasury)—by placing Solórzano Pereira’s 1647 Politica Indiana and administrative documents generated during his tenure at the mercury mine of Huancavelica (modern Peru) in dialogue. Read in tandem, these texts reveal that Solórzano (...) Pereira articulated the relationship between mercury, the bien público, and the hacienda through comparisons between mining and agriculture, a conception of nature as an agential force, and period understandings of the “common.” While historians of practical governance often dismiss appeals to the bien público and the hacienda as hollow rhetoric, this essay reveals that the terms were important for period actors in conceptualizing the distribution of labor and materials. (shrink)

Akrasia is both an intentional and an irrational phenomenon. These two characteristics can be reconciled by a careful reconstruction of practical reasoning. I undertake this task along Davidsonian lines, arguing against his critics that the notion of unconditional judgment is the key to an adequate account of akrasia. Unless akrasia is conceived as a failure of the agent to form an unconditional judgment that conforms to her best judgment "all things considered," the intentionality of akrasia is lost. Likewise, I show (...) how practical and theoretical reasoning concur in the production of action, and why akrasia is a problem for the philosophy of action before being a problem for moral philosophy. (shrink)

James Van Cleve provides an analysis of Kant’s view of secondary qualities in response to Hilary Putnam’s claim that Kant holds that “all qualities are secondary qualities.” Van Cleve proposes that we modify the thesis Putnam attributes to Kant in order to arrive at an explanation of both primary and secondary qualities that Kant would endorse. I argue that there is a serious flaw in Van Cleve’s characterization of Putnam’s thesis, namely that there is no significant difference between Putnam’s reading (...) of Kant and Van Cleve’s, and I attribute the problem to equivocal senses of ‘primary qualities’, ‘secondary qualities’ and ‘mind dependent’. (shrink)

A type of argument occasionally made in metaethics, epistemology and philosophy of science notes that most ordinary uses of some expression fail to satisfy the strictest interpretation of the expression, and concludes that the ordinary assertions are false. This requires there to be a presumption in favour of a strict interpretation of expressions that admit of interpretations at different levels of strictness. We argue that this presumption is unmotivated, and thus the arguments fail.

This essay considers the social effects of the strategy of "speaking out" about sexual violence to transform rape culture. I articulate the paradox that women's identification as victims in the public sphere reinscribes the gendered norms that enable the victimization of women. I suggest we create a more diversified public narrative of sexual violence and sexuality within the context of the movement against sexual violence in order to deconstruct masculinist power in feminine victimization.

Distance Learning (DL) courses have become ubiquitous, especially since the pandemic. Having had some experience with DL in high school, first-year students might be inclined to enroll in DL courses. Other students take DL because of completing demands on their time, such as work, family, or athletics participation, and some students just like the flexibility afforded by DL courses. However, many college students are unprepared for the self-regulative practices, including time management and assistance-seeking behaviors, required for success in a DL (...) course. (shrink)