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.

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)

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)

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)

​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 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 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)

Rights to do wrong are not necessary even within the framework of interest-based rights aimed at preserving autonomy. Agents can make morally significant choices and develop their moral character without a right to do wrong, so long as we allow that there can be moral variation within the set of actions that an agent is permitted to perform. Agents can also engage in non-trivial self-constitution in choosing between morally indifferent options, so long as there is adequate non-moral variation among the (...) alternatives. The stubborn intuition that individuals have a right to do wrong in some cases can be explained as stemming from a cautionary principle motivated by the asymmetry between the risk of wrongly interfering and that of refraining from interfering. (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 ‘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)

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.

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 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)

Despite the amount of public investment in nanotechnology ventures in the developed world, research shows that there is little public awareness about nanotechnology, and public knowledge is very limited. This is concerning given that nanotechnology has been heralded as ‘revolutionising’ the way we live. In this paper, we articulate why public engagement in debates about nanotechnology is important, drawing on literature on public engagement and science policy debate and deliberation about public policy development. We also explore the significance of timing (...) in engaging the public, and we make some suggestions concerning how to effectively engage publics. Our conclusions indicate the significance of scientific researchers, policy makers and representative consumer groupings in public reasoning towards a better public policy framework for debate about technological development. (shrink)

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)

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.

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...

Analysis of the local implementation of paternity establishment and child support policy in four Wisconsin counties suggests that these policies reproduce some aspects of patriarchal gender relations. The counties' information-collecting practices focused on nonmarital mothers' sexual activity and nonmarital fathers' employment and income. Women were questioned far more extensively than men about their sexual practices and partners; women's accounts of their sexual activity were used to evaluate their overall truthfulness, and administrative practices in effect encouraged alleged fathers to state whether (...) they were convinced of the mother's sexual fidelity. By demonstrating the gendered nature of the terms under which public assistance is granted, the findings highlight the significance of the process of policy implementation for understanding the gendered character of state systems of social provision. (shrink)

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)

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)

This paper describes an undergraduate course in metaphilosophy for philosophy majors and argues that there are four potential benefits to students; namely that doing metaphilosophy (1) allows students to draw their own conclusions about what philosophy is, (2) develops students’ metacognitive skills to promote learning, (3) establishes students as members of the philosophical community, and (4) disposes students to live lives that reflect their philosophical education. It describes issues of transparency of course design and the particulars of the course, including (...) course content, and provides excerpts of student work to demonstrate student learning outcomes. Finally, it will suggest that even if it is not possible to offer a stand-alone course in metaphilosophy, instructors should provide opportunities to reflect on metaphilosophical issues in their other philosophy courses. (shrink)

Caring for critically ill and dying patients often triggers both professional and personal growth for physician trainees. In pediatrics, the neonatal intensive care unit is among the most distressing settings for trainees. We used longitudinal narrative writing to gain insight into how physician trainees are challenged by and make sense of repetitive, ongoing conflicts experienced as part of caring for very sick and dying babies. The study took place in a 45-bed, university-based NICU in an urban setting in the United (...) States. From November 2009 to June 2010 we enrolled pediatric residents and neonatology fellows at the beginning of their NICU rotations. Participants were asked to engage in individual, longitudinal narrative writing about their “experience in the NICU.” Thematic narrative analysis was performed. Thirty-seven physician trainees participated in the study. The mean number of narratives per trainee was 12; a total of 441 narratives were available for analysis. Conflict was the most pervasive theme in the narratives. Trainees experienced conflicts with families and conflicts with other clinicians. Trainees also described multiple conflicts of identity as members of the neonatology team, as members of the medical profession, as members of their own families, and as members of society. Physician trainees experience significant conflict and distress while learning to care for critically ill and dying infants. These conflicts often led them to question their own morals and their role in the medical profession. Physician trainees should be educated to expect various types of distress during intensive care rotations, encouraged to identify their own sources of distress, and supported in mitigating their effects. (shrink)

Recent global efforts of the United States and England to withdraw from international institutions, along with recent challenges to human rights courts from Poland and Hungary, have been described as part of a growing global populist backlash against the liberal international order. Several scholars have even identified the recent threat of mass withdrawal of African states from the International Criminal Court (ICC) as part of this global populist backlash. Are the African challenges to the ICC part of a global populist (...) movement developing in Africa? More fundamentally, how are the African challenges to the ICC examples of populism, if at all? In this paper, I show that, while there is considerable overlap between the strategies used by particular African leaders to challenge the ICC and those typically considered populist, as well as a discernible thin populist ideology to sustain them, there is insufficient evidence of a larger anti-ICC populist movement in Africa. Although Africa is not as united against the ICC as the populist narrative suggests, the recent challenges to the Court from Africa pose a significant challenge to the Court, as the institution is still in the early stages of building its legitimacy. (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)

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)

Given the right sorts of reading assignments, students can learn to read philosophy by reading philosophy. This paper identifies a number of obstacles to students’ reading philosophy and recommends re-envisioning student-learning outcomes in light of the revised Bloom’s taxonomy of learning objectives and using directed reading assignments that help students achieve them. It describes seven reading assignments in philosophy that emphasize active learning to facilitate students’ learning to read philosophy as they read philosophy.

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)

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)

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)

This is a personal essay about breasts. It focuses on my experiences as a young girl, moving through adolescence to a history of breast cancer in my family, including my mother’s breast cancer diagnosis. As a physician, patient, and wife, I reflect on the choices that I have to make and what this means for my identity as a woman and mother.