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)

An historical review of the concepts of self-consciousness is presented, highlighting the important role of the body (particularly, body perception but also body action) and the social other in the construction of self-consciousness. More precisely, body perception, especially intermodal sensory perception including kinesthetic perception, is involved in the construction of a sense of self allowing self-nonself differentiation. Furthermore, the social other, through very early social and emotional interactions, provides meaning to the infant’s perception and contributes to the development of his/her (...) symbolization capacities. This is a necessary condition for body image representation and awareness of a permanent self in a time-space continuum (invariant over time and space). Self-image recognition impairments in the mirror are also discussed regarding a comprehensive developmental theory of self-consciousness. Then, a neuropsychological and neurophysiological approach to self-consciousness reviews the role of complex brain activation/integration pathways and the mirror neuron system in self-consciousness. Finally, this article offers new perspectives on self-consciousness evaluation using the mirror as an experimental paradigm to study self- and other- image and body recognition. (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)

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.

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)

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.

In 1986, philosopher-bioethicist Samuel Gorovitz published an essay entitled “Baiting Bioethics,” in which he reported on various criticisms of bioethics that were “in print, or voiced in and around … the field” at that time, and set forth his assessment of their legitimacy. He gave detailed attention to what he judged to be the particularly fierce and “irresponsible attacks” on “the moral integrity” and soundness of bioethics contained in two papers: “Getting Ethics” by philosopher William Bennett and “Medical Morality Is (...) Not Bioethics,” coauthored by us. Gorovitz attributed some of the criticisms that bioethics was eliciting to the fact that this new, rapidly rising, and increasingly visible field had brought “scholars and practitioners together who otherwise would have little exposure to one another's disciplines. Their interactions are mutually enriching at times,” he declared, “but mutually baffling and even infuriating at other times.” In this latter regard, he suggested that “perhaps” Fox and Swazey's characterization of bioethics in the article he dissected “reflects a general revulsion at endeavors they see as inadequately like the social sciences or insufficiently respectful of them.” He went on to say that despite his objections to our “complaints” about bioethics—especially to our claim that “autonomy [had] been an unduly emphasized value” in the field—he had “a lingering sense” that there might be “a grain of truth” in them. Gorovitz ended his essay with an affirmation about the “benefit” that bioethics can derive from “responsible” and even from “irresponsible” criticism. “The unexamined discipline invites the philosopher's critical scrutiny no less than the unexamined life,” he aphoristically concluded. a. (shrink)

This study examines the problem of belief revision, defined as deciding which of several initially accepted sentences to disbelieve, when new information presents a logical inconsistency with the initial set. In the first three experiments, the initial sentence set included a conditional sentence, a non‐conditional (ground) sentence, and an inferred conclusion drawn from the first two. The new information contradicted the inferred conclusion. Results indicated that conditional sentences were more readily abandoned than ground sentences, even when either choice would lead (...) to a consistent belief state, and that this preference was more pronounced when problems used natural language cover stories rather than symbols. The pattern of belief revision choices differed depending on whether the contradicted conclusion from the initial belief set had been a modus ponens or modus tollens inference. Two additional experiments examined alternative model‐theoretic definitions of minimal change to a belief state, using problems that contained multiple models of the initial belief state and of the new information that provided the contradiction. The results indicated that people did not follow any of four formal definitions of minimal change on these problems. The new information and the contradiction it offered was not, for example, used to select a particular model of the initial belief state as a way of reconciling the contradiction. The preferred revision was to retain only those initial sentences that had the same, unambiguous truth value within and across both the initial and new information sets. The study and results are presented in the context of certain logic‐based formalizations of belief revision, syntactic and model‐theoretic representations of belief states, and performance models of human deduction. Principles by which some types of sentences might be more “entrenched” than others in the face of contradiction are also discussed from the perspective of induction and theory revision. (shrink)

René Descartes's Regulae ad directionem ingenii ('Rules for the Direction of the Understanding') is his earliest surviving philosophical treatise, and in many respects his most puzzling text. It is a profoundly original work with few intellectual precursors, and offers the fullest account anywhere in Descartes's work of his theory of method. Yet Descartes left it unfinished, and unpublished, at his death in 1650. The versions currently known to modern readers are all posthumous: a manuscript copied for Leibniz in the late (...) seventeenth century, a Dutch translation of 1684, and the version printed in 1701 in Amsterdam. As a result, the details and date of its composition, its fragmentary, unfinished state, and its philosophical content have long puzzled scholars. The discovery by Richard Serjeantson in 2011 of a previously unknown, early manuscript draft of the Regulae in Cambridge University Library was a hugely significant event in Cartesian scholarship. This edition presents the Cambridge manuscript of the Regulae alongside the 1701 Amsterdam version of the text to allow comparison between the early manuscript draft and the version best-known to modern readers, together with a full English translations of both texts. It is also the first critical edition of the Regulae to take into account the full range of textual witnesses to the text, both manuscript and printed. The new Cambridge manuscript sheds important light on the composition, date, and philosophical content of the Regulae, and will provoke scholars to rethink key questions about Descartes's early philosophical development. (shrink)

Each state’s Medicaid Fraud Control Unit prosecutes billing fraud cases against individual healthcare providers who fraudulently bill Medicaid for services provided. Once an individual is convicted of billing fraud, the Office of Inspector General for the Department of Health and Human Services may exclude the individual from billing any federal government healthcare program, including Medicaid. Excluded individuals are added to a public list of exclusions, which restricts their ability to practice professionally. Prompted by criminology research into the impact of policing (...) resources, we test whether these government enforcement initiatives against fraud serve as a deterrent to would-be fraudulent billers. We document that key enforcement proxies, the staffing level and budget of an MFCU, are positively associated with the yearly number of exclusions added at the state level. Our results are consistent with the exclusion list not being a deterrent but provide support for MFCUs’ fraud detection efforts. This paper provides industry-specific fraud insights for auditors and other individuals involved in public policy, specifically Medicaid, and introduces a novel dataset to the accounting fraud research literature. (shrink)

As the eleventh volume in the New Directions in Cognitive Science series (formerly the Vancouver Studies in Cognitive Science series), this work promises superb scholarship and interdisciplinary appeal. It addresses three areas of current and varied interest: common sense, reasoning, and rationality. While common sense and rationality often have been viewed as two distinct features in a unified cognitive map, this volume offers novel, even paradoxical, views of the relationship. Comprised of outstanding essays from distinguished philosophers, it considers what constitutes (...) human rationality, behavior, and intelligence covering diverse areas of philosophy, psychology, cognitive science, and computer science. Indeed, it is at the forefront of cognitive research and promises to be of unprecedented influence across numerous disciplines. (shrink)

"Rene Descartes is often called the 'Father of Modern Philosophy.' The profound controversies that his doctrines have engendered are alone sufficient to establish his eminence. Yet if he is to be paid a due respect, it is necessary to understand him on his own terms- to distinguish his doctrines from myriad notions labeled 'Cartesian.' The quest for certainty may be a constitutional imperative for every philosopher; in the case of Descartes it was an acknowledged passion. Thus there is no more (...) fitting approach to him than to study seriously his claims to having attained certainty regarding what he took to be the questions of metaphysics, namely, the questions of the existence of God and of the nature of the human mind."--The Preface. (shrink)

In 1999, Médecins Sans Frontières set out to explore and demonstrate the feasibility of preventing and treating HIV/AIDS in a so-called resource-poor, economically and socially disadvantaged setting. The first MSF mission to incorporate antiretroviral treatment into its HIV-AIDS-oriented medical program was undertaken in Bangkok. The second project was launched in Khayelitsha where MSF has been providing ARV treatment for persons with HIV/AIDS since May 2001. Khayelitsha is an enclave of some 500,000 inhabitants, most of whom live in corrugated-iron shacks, without (...) running water or electricity. Unemployment is extremely high; crime and violence are rampant. The general prevalence of HIV/AIDS is 26%, measured among pregnant women. The tuberculosis incidence rate is one of the world's highest for open-space sites. Unsurprisingly, TB/HIV coinfection is very high too: 63% of those with TB are also infected with HIV. (shrink)

They have watched, as insiders, the first fumbling attempts to transplant kidneys, then hearts, then live‐donated lobes of liver and lung. Now the two sociologists most closely identified with organ transplantation have concluded that they must leave the field.

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)

In this article, I contribute to the debate between two philosophical traditions—the Kantian and the Aristotelian—on the requirements of criminal responsibility and the grounds for excuse by taking this debate to a new context: international criminal law. After laying out broadly Kantian and Aristotelian conceptions of criminal responsibility, I defend a quasi-Aristotelian conception, which affords a central role to moral development, and especially to the development of moral perception, for international criminal law. I show than an implication of this view (...) is that persons who are substantially and non-culpably limited in their capacity for ordinary moral perception warrant an excuse for engaging in unlawful conduct. I identify a particular set of conditions that trigger this excuse, and then I systematically examine it as applied to the controversial case of former-child-soldier-turned leader of the Lord’s Resistance Army, Dominic Ongwen, who is currently at trial at the International Criminal Court. (shrink)

This paper examines whether American parents legally violate their children’s privacy rights when they share embarrassing images of their children on social media without their children’s consent. My inquiry is motivated by recent reports that French authorities have warned French parents that they could face fines and imprisonment for such conduct, if their children sue them once their children turn 18. Where French privacy law is grounded in respect for dignity, thereby explaining the French concerns for parental “over-sharing,” I show (...) that there are three major legal roadblocks for such a case to succeed in US law. First, US privacy tort law largely only protects a person’s image where the person has a commercial interest in his or her image. Secondly, privacy tort laws are subject to constitutional constraints respecting the freedom of speech and press. Third, American courts are reluctant to erode parental authority, except in cases where extraordinary threats to children’s welfare exist. I argue that while existing privacy law in the US is inadequate to offer children legal remedy if their parents share their embarrassing images of them without their consent, the dignity-based concerns of the French should not be neglected. I consider a recent proposal to protect children’s privacy by extending to them the “right to be forgotten” online, but I identify problems in this proposal, and argue it is not a panacea to the over-sharing problem. I conclude by emphasizing our shared social responsibilities to protect children by teaching them about the importance of respecting one another’s privacy and dignity in the online context, and by setting examples as responsible users of internet technologies. (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)

Essays consider Drucilla Cornell’s contributions to philosophy, political theory, and legal studies.

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)

PrécisThe administration of Pre-Mortem Interventions (PMIs) to preserve the opportunity to donate, to assess the eligibility to donate, or to optimize the outcomes of donation and transplantation are controversial as they offer no direct medical benefit and include at least the possibility of harm to the still-living patient. In this article, we describe the legal analysis surrounding consent to PMIs, drawing on existing legal commentary and identifying key legal problems. We provide an overview of the approaches in several jurisdictions that (...) have chosen to explicitly address PMIs within codified law. We then provide, as an example, a detailed exploration of how PMIs are likely to be addressed in one jurisdiction where general medical consent law applies because there is no specific legislation addressing PMIs — the province of Ontario in Canada. (shrink)

The view of Mandeville as a pioneer of laissez-faire is difficult to reconcile with his repeated insistence that private vices were turned into public benefits by the 'dexterous management of the skilful politician'. Even if references to the skilful politician are regarded as shorthand for a legal and institutional framework, there remains the question of whether such a framework is a spontaneous order or the product of purposeful experiment as Mandeville thought? Mandeville warned about the harmful effects of meddling but (...) his complaint was about the actions of fashionable do-gooders rather than government. He understood that the voluntariness of a transaction could be regarded as a defence against complaints of unfairness but he was quick to point out the limitations of voluntariness especially in the market for labour. Mandeville's objective was to teach people what they are not what they should be. He pointed to the strengths of the emerging market system but was not afraid to expose its faults. (shrink)

Adorno is often left out of the “canon” of influences on contemporary feminist theory, but these essays show that his work can provide valuable material for feminist thinking about a wide range of issues. Theodor Adorno was a leading scholar of the Institute for Social Research in Frankfurt, Germany, otherwise known as the Frankfurt School. With Max Horkheimer he contributed to the advance of critical theorizing about Enlightenment philosophy and modernity. Inflected by Kant, Marx, Nietzsche, and Freud, Adorno’s thinking defies (...) easy categorization. Ranging across the disciplines of philosophy, musicology, and sociology, his work has had an impact in many fields. His_ Dialectic of Enlightenment_ was profoundly influential as a critique of fascistic and authoritarian impulses in Enlightenment thinking in the context of late capitalism. Questions addressed in the volume range from dilemmas in feminist aesthetic theory to the politics of suffering and democratic theory. The essays are exemplary as works in interdisciplinary scholarship, covering a wide range of issues and ideas in feminism as authors critically interpret the many facets of Adorno’s work. They take Adorno’s historical situatedness as a scholar into consideration while exploring the relevance of his ideas for post-Enlightenment feminist theory. His philosophical and cultural investigations inspire reconsideration of Enlightenment principles as well as a rethinking of “postmodern” ideas about identity and the self. _Feminist Interpretations of Theodor Adorno _will introduce feminists to Adorno’s work and Adorno scholars to modes of feminist critique. It will be especially valuable for senior undergraduate and graduate courses in contemporary political, social, and cultural theory. In addition to the editor, contributors are Paul Apostolidis, Mary Caputi, Rebecca Comay, Jennifer Eagan, Mary Ann Franks, Eva Geulen, Sora Han, Andrew Hewitt, Gillian Howie, Lisa Yun Lee, Bruce Martin, and Lambert Zuidervaart. (shrink)

Sydney Shoemaker has gone to great lengths to defend a repre-sentationalist view of phenomenal character, and yet he describes this view as breaking with standard representationalism in two ways. First, he thinks his representationalist position is consis- tent with the possibility of spectrum inversion, and second, he thinks there are qualia. Thus, we can think of his position in the qualia debate as moderate representationalism by taking up some middle ground be- tween these two major camps. This \moderate" view faces (...) several problems. Here I will very briey explain Shoemaker's represen- tationalist account of spectrum inversion in which he appeals to the existence of a certain sort of subjective property of objects, namely, what he calls appearance properties. I will argue that an alternative ver- sion of representationalism provides a more plausible explanation of both inversion-type scenarios and Shoemaker's color constancy case, which he uses to motivate the existence of these subjective properties, without positing appearance properties at all. (shrink)

Simulation technology is increasingly being used in nursing education. Previously used primarily for teaching procedural, instrumental, or critical incident types of skills, simulation is now being applied to training related to more dynamic, complex, and interpersonal human contexts. While high fidelity human patient simulators have significantly increased in authenticity, human responses have greater complexity and are qualitatively different than current technology represents. This paper examines the texture of representation by simulation. Through a tracing of historical and contemporary philosophical perspectives on (...) simulation, the nature and limits of the reality of human health responses represented by high fidelity human patient simulation (HF‐HPS) are explored. Issues concerning nursing education are raised around the nature of reality represented in HF‐HPS. Drawing on Waks, a framework for guiding pedagogical considerations around simulation in nursing education is presented for the ultimate purpose of promoting an educative experience with simulation. (shrink)

In his 2006 Lenssen Prize–winning paper, “Reading Philosophy with Background Knowledge and Metacognition,”1 David Concepción describes a method of reading instruction that is clearly student-centered in that quality of student learning, and not just discipline-specific knowledge, is a central course objective.2 Moreover, the explicit reading instruction he recommends stands to enrich our students’ understanding of the philosophical content of our courses thus making deep reading, or what has been called “reading to learn,”3 an integral part of the content of a (...) philosophy course. In these comments, I introduce a scaffolded approach to implementing Concepción’s explicit reading instruction, specifically, one in which instructors first model the stages of reading philosophy, then support students as they employ these techniques, and finally assess and provide feedback on students’ attempts. (shrink)

Qualia realists hold that experience’s phenomenal character is a non-representational property of experience, what they call qualia. Representationalists hold that phenomenal character is a representational property of experience—there are no qualia (in this particular sense of the word). The transparency of qualia to introspection would seem to count as reason for rejecting qualia realism and favoring representationalism. Sydney Shoemaker defends a middle ground, call it moderate qualia realism, which seems to provide a response to the problem of transparency that in (...) consistent with qualia realism. According to this view, while phenomenal character is a representational property of experience, it is determined by certain non-representational properties of experience, namely qualia. Shoemaker explains the apparent transparency of qualia by claiming that, while qualia are not directly introspectable, they are indirectly introspectable. I argue that neither Shoemaker’s moderate qualia realism nor his account of indirect introspection provide the qualia realist with a plausible solution to the problem of transparency. (shrink)