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)

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.

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)

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)

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)

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)

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)

Parents concerned with what goes on when they leave their children at home under the care of someone else might wonder whether or not they should invest in video surveillance equipment. Such technology has become readily available and is relatively inexpensive, but is it morally permissible to use this sort of technology to monitor the care of one's children?

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)

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)

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)

In lieu of an abstract, here is a brief excerpt of the content:Retention, Reliability, and DedicationRenee J. TillmanI love what I do. I am a Hospice and Palliative Nurse Assistant. I have been for 16 years. I have worked in this field for 37 years—in long term care, private duty and home health. I still like getting up and going to work. I have a great work ethic. I think it came about when I started working for Leader Nursing and (...) Rehabilitation Center. My plans were to become a nurse, just like my mother. This employer believes that if he contributed to his employees by way of educating them he would accomplish two things. Loyal employees and highly skilled nurse aides. He knew we were the backbone of his center and believed in his strategy to give the very best care his employee's could provide.I was one of the first nursing assistants in the building. I started on the 11-7 shift, myself and a licensed vocational nurse (LVN). She was a gem. In a four story building. They had security for us. They started from the top and filled the building up. I was never so proud to be a nurse aide. Pretty soon we were filled. I worked the night shift for three years and decided to go to the day shift, 7 to 3. [End Page 154]It was then that I decided this profession was for me, and I was going to be the best. Everything we did was a learning experience. We received report at the beginning of our shift. We were asked to be on the job 15 minutes before shift, and we did so without pay. We felt it was important to get information to care for the residents. The incentives were what they called the Leader Ladder. This Ladder was there for you to climb to the highest occupation in the nursing field you wanted to go, with the help from the scholarship program in place. The goals of the employer were retention, reliability, support, and dedication from the employees.That is not in place today, especially in the long-term care settings. There is a revolving door in most places. In most places employees don't even have nametags. If they do have them, they're in the pockets just to swipe the clock. Uniforms are not decent, I mean wrinkle-free and clean. Even hair and faces are not groomed. Yes I see this today. We are the forgotten, the invisible. Shame on those watch dogs. When I was with Leader, I would watch my nurse do everything—catheters, suctioning, wound care—everything. We used to do wound care and finger sticks. In some places, they don't even let the aides do vital signs.One of the cases I will never forget, this was at a rehabilitation center with a floor that was skilled. This lady was admitted. She was only 60. She had the biggest tumor I had ever seen on the side of her neck; it was cancerous. The tumor was growing outside her neck. I was just 25. When we received report that morning, we were told of physical and history, where she was with her disease, and that she had come there to die. She had no family. We quickly became her family. She was tall and skinny with dark hair. We were also told how she would die and to be prepared so it would not be scary for her or for us. She was going to bleed to death from the tumor. But, our biggest challenge, you see, was not to show that there was an odor when in her room or where ever she was. The cancer was very foul-smelling. I think that is why she loved us; we acted like there was no smell. The day she died, her tumor started a steady flow of blood. She knew it was the end. We had dark towels for her, she lay in her bed, she was never left alone. We had our work to do, but she was never left alone. What I remember the most is her eyes; you see, she could not speak that day. She... (shrink)

“Bioethics is not just Bioethics.” This is the aphoristic way in which I have recurrently expressed my historical and social perspective on the significance of bioethics, whose import I regard as extending beyond the emergence, development, and establishment of an intellectual field that is primarily concerned with advances in biology and medicine, their relationship to illness and health, and their ethical concomitants. In my view, although they are expressed through the medium of medicine, some of the value and belief questions (...) with which bioethics has been preoccupied since its inception are connected with broad and deep moral issues that are integral to what the illustrious French sociologist Émile Durkheim... (shrink)

​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)

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)

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)

Le titre anglais de ce volume très épais (Breaking Ground) joue sur les deux sens de l’expression, « frayer un chemin »/« creuser la terre », soulignant le rôle novateur des premières femmes archéologues, pionnières pour leur sexe et dans la discipline scientifique, dès ses débuts à la fin du xixe siècle. L’ouvrage revient ainsi à la préhistoire de la participation des femmes à l’archéologie qui a déjà été évoquée dans des volumes tels que Women in Archaeology (éd. C. Claassen, (...) Pennsylvania U... (shrink)

Philosophers typically distinguish between a priori and a posteriori beliefs, knowledge, justification, and propositions. A belief is a priori if it is derived from reason, and it is a posteriori if it is derived from sense experience. Similarly, we would say that we know a priori that ‘a closed, n-sided figure has n interior angles’ because our knowledge is derived from reason in that we understand the concept of a closed, n-sided figure and thus know the statement is true. On (...) the other hand, we know a posteriori that ‘Americans drive on the right’ because in justifying this belief, we appeal to sense experience; perhaps we have seen for ourselves that Americans drive on the right or we've read about it in a book or seen it in a movie. (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.

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 paper surveys some philosophical issues with the language surrounding mental illness, but is especially focused on pejoratives relating to mental illness. I argue that though 'crazy' and similar mental illness-based epithets (MI-epithets) are not best understood as slurs, they do function to isolate, exclude, and marginalize members of the targeted group in ways similar to the harmfulness of slurs more generally. While they do not generally express the hate/contempt characteristic of weaponized uses of slurs, MI-epithets perpetuate epistemic injustice by (...) portraying sufferers of mental illness as deserving minimal credibility. After outlining the ways in which these epithets can cause harm, I examine available legal and social remedies, and suggest that the best path going forward is to pursue a reclamation project rather than aiming to censure the use of MI-epithets. (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...

In the expanding repertoire of practices designed to increase the supply of organs for transplantation, non-heart-beating cadaver organ donation has generated an ongoing debate in the literature. The continuing stream of articles is disquieting in part because it documents a troubling "trial-and-error ethics" approach to the formulation of organ procurement policy, and because it raises serious questions about the reasons that the development of this policy is being mediated by published communication. In the light of concerns about the implicit support (...) and credibility that professional publications give to organ procurement policies, restraint in publishing articles about non-heart-beating organ donation as well as in devising such policies is strongly advocated. (shrink)

Je me propose d'examiner la solution davidsonnienne au problème de la duperie de soi afin de clarifier en quel sens il s'agit d'un acte intentionnel. Après une étude de quelques difficultés liées au concept même de duperie de soi, mon analyse met en lumière que la notion de partition de l'esprit que Davidson emprunte à son traitement de la faiblesse de la volonté ne peut être appliquée de manière satisfaisante à ce nouveau problème. J'indique ensuite que non seulement Davidson mais (...) la majorité des philosophes qui étudient le phénomène ont négligé de donner un traitement adéquat du rôle qui est dévolu aux pro-attitudes dans la formation des croyances. Je reviens finalement à la question fondamentale, celle de savoir s'il est approprié de considérer que la duperie de soi est un acte intentionnel, afin de mettre en évidence le caractère paradoxal de tout raisonnement pratique qui prétendrait rationaliser un tel état ou processus. (shrink)

According to the early versions of the causal theory of action, intentional actions were both produced and explained by a belief desire pair. Since the end of the seventies, however, most philosophers consider intentions as an irreducible and indispensable component of any adequate account of intentional action. The aim of this paper is to examine and evaluate some of the arguments that gave rise to the introduction of the concept of intention in action theory. My contention is that none of (...) them is conclusive. To sustain my claim, I first discuss some of the main differentiating functions commonly attributed to intentions. Contrary to the dominant view, I show that many of these functions, especially those attributed to distal intentions, have little to do with the causal character of action theory. I also maintain that many of the allegedly specific functions of intentions can be ascribed to the preeminent motive of the agent. Finally, I argue that the intention thesis cannot be reconciled with the motivational strength thesis, and that the latter is a decisive reason to forsake the former. (shrink)

This article uses simulation as an empirical method for identifying process models of strategy effects in a category-learning task. A general set of learning assumptions defined a symbolic learning framework in which alternative simulation models were defined and tested. The goal was to identify process models that could account for previously reported data on the interaction between how a learner encounters category variance across a series of training samples and whether the task instructions suggested an active, hypothesis-testing approach, or a (...) more passive learning mode. Descriptive characterizations of active and passive learning were mapped into complementary settings of parameters operating with the general learning framework. Alternative models, defined by different configurations of these parameters, were evaluated on their goodness of fit to the observed data. The signature differences between models that best fit the passive learning data and models that best fit the active learning data concerned a delayed versus immediate learning parameter and a degree-of-match parameter that determined which patterns were retrieved to make category decisions. A functional account of these parameters is given by considering the learning task as a search process and the role of these parameters in localizing the impact of learning mechanisms in certain areas of the search space. Issues related to simulation as an empirical method for identifying candidate process models are discussed. (shrink)