Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred congressional (...) "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

Existing research suggests that people's judgments of actual causation can be influenced by the degree to which they regard certain events as normal. We develop an explanation for this phenomenon that draws on standard tools from the literature on graphical causal models and, in particular, on the idea of probabilistic sampling. Using these tools, we propose a new measure of actual causal strength. This measure accurately captures three effects of normality on causal judgment that have been observed in existing studies. (...) More importantly, the measure predicts a new effect ("abnormal deflation"). Two studies show that people's judgments do, in fact, show this new effect. Taken together, the patterns of people's causal judgments thereby provide support for the proposed explanation. (shrink)

When agents violate norms, they are typically judged to be more of a cause of resulting outcomes. In this paper, we suggest that norm violations also affect the causality attributed to other agents, a phenomenon we refer to as "causal superseding." We propose and test a counterfactual reasoning model of this phenomenon in four experiments. Experiments 1 and 2 provide an initial demonstration of the causal superseding effect and distinguish it from previously studied effects. Experiment 3 shows that this causal (...) superseding effect is dependent on a particular event structure, following a prediction of our counterfactual model. Experiment 4 demonstrates that causal superseding can occur with violations of non-moral norms. We propose a model of the superseding effect based on the idea of counterfactual sufficiency. (shrink)

Causal judgments are widely known to be sensitive to violations of both prescriptive norms (e.g., immoral events) and statistical norms (e.g., improbable events). There is ongoing discussion as to whether both effects are best explained in a unified way through changes in the relevance of counterfactual possibilities, or whether these two effects arise from unrelated cognitive mechanisms. Recent work has shown that moral norm violations affect causal judgments of agents, but not inanimate artifacts used by those agents. These results have (...) been interpreted as showing that prescriptive norm violations only affect causal reasoning about intentional agents, but not the use of inanimate artifacts, thereby providing evidence that the effect of prescriptive norm violations arises from mechanisms specific to reasoning about intentional agents, and thus casting doubt on a unified counterfactual analysis of causal reasoning. Four experiments explore this recent finding and provide clear support for a unified counterfactual analysis. Experiment 1 demonstrates that these newly observed patterns in causal judgments are closely mirrored by judgments of counterfactual relevance. Experiment 2 shows that the relationship between causal and counterfactual judgments is moderated by causal structure, as uniquely predicted by counterfactual accounts. Experiment 3 directly manipulates the relevance of counterfactual alternatives and finds that causal judgments of intentional agents and inanimate artifacts are similarly affected. Finally, Experiment 4 shows that prescriptive norm violations (in which artifacts malfunction) affect causal judgments of inanimate artifacts in much the same way that prescriptive norm violations (in which agents act immorally) affect causal judgments of intentional agents. (shrink)

We can perceive not only low-level features of events such as color and motion, but also seemingly higher-level properties such as causality. A prototypical example of causal perception is the ”launching effect’: one object moves toward a stationary second object until they are adjacent, at which point A stops and B starts moving in the same direction. Beyond these motions themselves --- and regardless of any higher-level beliefs --- this display induces a vivid visual impression of causality, wherein A is (...) seen to cause B’s motion. Do such percepts reflect a unitary category of visual processing, or might there be multiple distinct forms of causal perception? While launching is often simply equated with causal perception, researchers have sometimes described other phenomena such as ”triggering’ and ”entraining’. We used psychophysical methods to determine whether these labels really carve visual processing at its joints, and how putatively different forms of causal perception relate to each other. Previous research demonstrated retinotopically specific adaptation to causality: exposure to causal launching makes subsequent ambiguous events in that same location more likely to be seen as non-causal ”passing’. Here, after replicating this effect, we show that exposure to triggering also yields retinotopically specific adaptation for subsequent ambiguous launching displays, but that exposure to entraining does not. Collectively, these results reveal that visual processing distinguishes some types of causal interactions. (shrink)

Research on the division of cognitive labor has found that adults and children as young as age 5 are able to find appropriate experts for different causal systems. However, little work has explored how children and adults decide when to seek out expert knowledge in the first place. We propose that children and adults rely on “mechanism metadata,” information about mechanism information. We argue that mechanism metadata is relatively consistent across individuals exposed to similar amounts of mechanism information, and it (...) is applicable to a wide range of causal systems. In three experiments, we show that adults and children as young as 5 years of age have a consistent sense of the causal complexity of different causal systems, and that this sense of complexity is related to decisions about when to seek expert knowledge, but over development there is a shift in focus from procedural information to internal mechanism information. (shrink)

Cognitive Science, Volume 46, Issue 1, January 2022.

Children and adults may not realize how much they depend on external sources in understanding word meanings. Four experiments investigated the existence and developmental course of a “Misplaced Meaning” effect, wherein children and adults overestimate their knowledge about the meanings of various words by underestimating how much they rely on outside sources to determine precise reference. Studies 1 and 2 demonstrate that children and adults show a highly consistent MM effect, and that it is stronger in young children. Study 3 (...) demonstrates that adults are explicitly aware of the availability of outside knowledge, and that this awareness may be related to the strength of the MM effect. Study 4 rules out general overconfidence effects by examining a metalinguistic task in which adults are well calibrated. (shrink)

Hastings Center Report, Volume 52, Issue 3, Page 4-5, May–June 2022.

If you blinked you may have missed it. The Department of Health and Human Services published its strategic plan for the 2018–2022 fiscal years, which includes the statement that HHS accomplishes its mission through programs and initiatives that serve and protect “Americans at every stage of life, from conception.” Of note, the “from conception” language is new and, depending on the direction President Trump's administration plans to go, could have profound implications for the regulation of reproductive services ranging from abortion (...) to in vitro fertilization (IVF). (shrink)

An increasing number of jurisdictions allow individuals to obtain medication prescribed by their physicians for medical assistance in dying (MAID). But discussion of whether (and to what extent) individuals have the right to use the health care system to control the time and manner of their death is not limited to MAID. The right also exists in other contexts, such as directing the withdrawal of life‐sustaining treatments. Palliative (or terminal) sedation involves medications to render a patient unconscious, coupled with either (...) the withdrawal of artificial nutrition and hydration or their not being administered at all. In high‐enough doses, these medications may further suppress already‐weakened cardiopulmonary function even if there is no intent to hasten death. When teaching about these topics, I challenge students to consider whether there are meaningful differences between practices like euthanasia, MAID, aggressive use of morphine, terminal sedation, or the withdrawal of ventilator support. Whether their differences are morally, ethically, or legally meaningful can be difficult to tease out. After recently watching a loved one, whom I call “Stephan,” direct the time and manner of his death within hospice care in a state that does not allow MAID, I am less inclined than ever to believe that the differences are meaningful in a way the law should recognize. (shrink)

As Professor Dov Fox points out in his essay, reference to “potential life” in American abortion jurisprudence is both indeterminate and underspecified. This commentary highlights that use of the phrase “potential life” by courts also obscures the fact that a position has been taken that biological life is not the equivalent of legal personhood. Worse, the position has been imposed on those who do not share it without offering reasons to justify its imposition in terms that those who oppose it (...) can reasonably be expected to endorse. (shrink)

In their article “Therapeutic, Prophylactic, Untoward, and Contraceptive Effects of Combined Oral Contraceptives. Catholic Teaching, Natural Law, and the Principle of Double Effect When Deciding to...

The latest trend in abortion restrictions in the United States targets a woman's reasons for terminating a pregnancy. Fourteen states have attempted to enact laws prohibiting abortion on the basis of fetal sex, race, and/or genetic anomaly. These laws are different from regulations tied to a government interest in protecting women's health. Laws that restrict reasons implicate a different set of government interests to be weighed against a woman's constitutional right first recognized in Roe v. Wade. These laws also seek (...) to reframe the nature of the right asserted by the woman. To date, the Supreme Court has declined to address the constitutionality of laws that restrict reasons, and the Court's most recent abortion decisions provide little guidance. It is possible that a conservative majority of the Supreme Court would uphold a law that prohibits reasons for having an abortion that appear discriminatory. But such laws would be difficult to enforce and therefore may be relegated to policy statements rejecting discriminatory norms as opposed to being effective means of restricting access to abortion. (shrink)

In a cloud chamber, the quantum measurement problem amounts to explaining the first droplet in a charged-particle track; subsequent droplets are explained by Mott’s 1929 wave-theoretic argument about collision-induced wavefunction collimation. I formulate a mechanism for how the first droplet in a cloud chamber track arises, making no reference to quantum measurement axioms. I look specifically at tracks of charged particles emitted in the simplest slow decays, because I can reason about rather than guess the form that wave packets take. (...) The first visible droplet occurs when a randomly occurring, barely-subcritical vapor droplet is pushed past criticality by ionization triggered by the faint wavefunction of the emitted charged particle. This is possible because potential energy incurred when an ionized vapor molecule polarizes the other molecules in a droplet can balance the excitation energy needed for the emitted charged particle to create the ion in the first place. This degeneracy is a singular condition for Coulombic scattering, leading to infinite or near-infinite ionization cross sections, and from there to an emergent Born rule in position space, but not an operator projection as in the projection postulate. Analogous mechanisms may explain canonical quantum measurement behavior in detectors such as ionization chambers, proportional counters, photomultiplier tubes or bubble chambers. This work is important because attempts to understand canonical quantum measurement behavior and its limitations have become urgent in view of worldwide investment in quantum computing and in searches for super-rare processes. (shrink)

Existing research has shown that norm violations influence causal judgments, and a number of different models have been developed to explain these effects. One such model, the necessity/sufficiency model, predicts an interac- tion pattern in people’s judgments. Specifically, it predicts that when people are judging the degree to which a particular factor is a cause, there should be an interaction between (a) the degree to which that factor violates a norm and (b) the degree to which another factor in the (...) situation violates norms. A study of moral norms (N = 1000) and norms of proper functioning (N = 3000) revealed robust evidence for the predicted interaction effect. The implications of these patterns for existing theories of causal judgments is discussed. (shrink)

The ability to learn the direction of causal relations is critical for understanding and acting in the world. We investigated how children learn causal directionality in situations in which the states of variables are temporally dependent (i.e., autocorrelated). In Experiment 1, children learned about causal direction by comparing the states of one variable before versus after an intervention on another variable. In Experiment 2, children reliably inferred causal directionality merely from observing how two variables change over time; they interpreted Y (...) changing without a change in X as evidence that Y does not influence X. Both of these strategies make sense if one believes the variables to be temporally dependent. We discuss the implications of these results for interpreting previous findings. More broadly, given that many real-world environments are characterized by temporal dependency, these results suggest strategies that children may use to learn the causal structure of their environments. (shrink)

We prove that the set of properties describable by a uniform sequence of first-order sentences using at most k + 1 distinct variables is exactly equal to the set of properties checkable by a Turing machine in DSPACE[n k ] (where n is the size of the universe). This set is also equal to the set of properties describable using an iterative definition for a finite set of relations of arity k. This is a refinement of the theorem PSPACE = (...) VAR[O[1]] [8]. We suggest some directions for exploiting this result to derive trade-offs between the number of variables and the quantifier depth in descriptive complexity. (shrink)

Synthetic biology is an increasingly high‐profile area of research that can be understood as encompassing three broad approaches towards the synthesis of living systems: DNA‐based device construction, genome‐driven cell engineering and protocell creation. Each approach is characterized by different aims, methods and constructs, in addition to a range of positions on intellectual property and regulatory regimes. We identify subtle but important differences between the schools in relation to their treatments of genetic determinism, cellular context and complexity. These distinctions tie into (...) two broader issues that define synthetic biology: the relationships between biology and engineering, and between synthesis and analysis. These themes also illuminate synthetic biology's connections to genetic and other forms of biological engineering, as well as to systems biology. We suggest that all these knowledge‐making distinctions in synthetic biology raise fundamental questions about the nature of biological investigation and its relationship to the construction of biological components and systems. BioEssays 30:57–65, 2008. © 2007 Wiley Periodicals, Inc. (shrink)

This paper provides an assessment of the bodily-attitudinal theory of emotions, according to which emotions are felt bodily attitudes of action readiness. After providing a reconstruction of the view and clarifying its central commitments two objections are considered. An alternative object side interpretation of felt action readiness is then provided, which undermines the motivation for the bodily-attitudinal theory and creates problems for its claims concerning the content of emotional experience. The conclusion is that while the bodily-attitudinal theory marks out a (...) distinctive proposal concerning the question of what emotions are, there remain significant issues which need addressing if it is to be a plausible competitor to existing theories of emotion. (shrink)

According to some philosophers, the mind enjoys a form of presence to itself. That is to say, in addition to being aware of whatever objects it is aware of, it is also (co-presently) aware of itself. This paper explores the proposal that we should think about this kind of experiential-presence in terms of a form of non-intentional awareness. Various candidates for the relevant form of awareness, as constituting supposed non-intentional experiential-presence, are considered and are shown to encounter significant problems. The (...) fact that a plausible account of the non-intentional awareness which experience putatively has of itself cannot be framed with reference to such forms of awareness is grounds for scepticism concerning the cogency of non-intentional experiential presence. (shrink)

Synthetic biology is an increasingly high-profile area of research that can be understood as encompassing three broad approaches towards the synthesis of living systems: DNA-based device construction, genome-driven cell engineering and protocell creation. Each approach is characterized by different aims, methods and constructs, in addition to a range of positions on intellectual property and regulatory regimes. We identify subtle but important differences between the schools in relation to their treatments of genetic determinism, cellular context and complexity. These distinctions tie into (...) two broader issues that define synthetic biology: the relationships between biology and engineering, and between synthesis and analysis. These themes also illuminate synthetic biology's connections to genetic and other forms of biological engineering, as well as to systems biology. We suggest that all these knowledge-making distinctions in synthetic biology raise fundamental questions about the nature of biological investigation and its relationship to the construction of biological components and systems. (shrink)

This paper offers a Nietzschean theory of emotion as expressed by following thesis: paradigmatic emotional experiences exhibit a distinctive kind of affective intentionality, specified in terms of felt valenced attitudes towards the (apparent) evaluative properties of their objects. Emotional experiences, on this Nietzschean view, are therefore fundamentally feelings towards value. This interpretation explains how Nietzschean affects can have evaluative intentional content without being constituted by cognitive states, as these feelings towards value are neither reducible to, nor to be thought along (...) the lines of, judgements, perceptions, or other mental states. (shrink)

Institutional investors, policy makers, and researchers have advocated for greater director independence in hopes of improving corporate governance and discouraging unethical behaviors such as corporate frauds, accounting irregularities, and other organizational failures. However, increasing demands upon directors and sitting CEOs, as well as constraints on the number of boards on which they can serve, has resulted in a dramatic increase in the use of retired independent directors. Compared to other directors with full-time job demands, we argue that RIDs have lesser (...) time constraints and greater attentional capacities with which to discharge their responsibilities, thereby improving overall board “bandwidth.” Using S&P 1500 firms for the period of 2000–2012, we find that enhanced board bandwidth associated with an increased proportion of RIDs on the board relates to greater resource provisioning through reducing costs of capital, improved monitoring through reducing disclosure-related weaknesses, and better accounting and market performance. We thereby advance traditional board bandwidth research by contemplating the available time that independent directors would have by virtue of being retired and relating this to board effectiveness. (shrink)

A central claim in contemporary philosophy of mind is that the phenomenal character of experience is entirely determined by its content. This paper considers an alternative called Mode Intentionalism. According to this view, phenomenal character outruns content because the intentional mode contributes to the phenomenal character of the experience. I assess a phenomenal contrast argument in support of this view, arguing that the cases appealed to allow for interpretations which do not require positing intentional modes as phenomenologically manifest aspects of (...) experience. (shrink)

Review of Jean Moritz Müller, The World-Directedness of Emotional Feeling.

People may exhibit two kinds of modifications when demonstrating action for others: modifications to facilitate bottom‐up, or sensory‐based processing; and modifications to facilitate top‐down, or knowledge‐based processing. The current study examined actors' production of such modifications in action demonstrations for audiences that differed in their capacity for intentional reasoning. Actors' demonstrations of complex actions for a non‐anthropomorphic computer system and for people (adult and toddler) were compared. Evidence was found for greater highlighting of top‐down modifications in the demonstrations for the (...) human audiences versus the computer audience. Conversely, participants highlighted simple perceptual modifications for the computer audience, producing more punctuated and wider ranging motions. This study suggests that people consider differences in their audiences when demonstrating action. (shrink)

This article responds to two arguments against ‘Epistemic Perceptualism’, the view that emotional experiences, as involving a perception of value, can constitute reasons for evaluative belief. It first provides a basic account of emotional experience, and then introduces concepts relevant to the epistemology of emotional experience, such as the nature of a reason for belief, non-inferentiality, and prima facie vs. conclusive reasons, which allow for the clarification of Epistemic Perceptualism in terms of the Perceptual Justificatory View. It then challenges two (...) arguments which purport to show that emotional experience is not a source of reasons for evaluative belief. The first argument claims that because normative why-questions are always appropriate in the case of emotions, then emotions can never be conclusive reasons for corresponding evaluative beliefs. The second purports to show that appeal to emotional experience as a source of reasons for evaluative beliefs renders emotions problematically self-justifying, and since emotions cannot be self-justifying, they cannot provide any sort of reason for corresponding evaluative beliefs. This article responds to these arguments, and in doing so shows there is still much to be learned about the epistemology of emotional experience by drawing analogies with perceptual experience. (shrink)

This article offers an account of moods as distinctive kinds of personal level affective-evaluative states, which are both intentional and rationally intelligible in specific ways. The account contrasts with those who claim moods are non-intentional, and so also arational. Section 1 provides a conception of intentionality and distinguishes moods, as occurrent experiential states, from other states in the affective domain. Section 2 argues moods target the subject’s total environment presented in a specific evaluative light through felt valenced attitudes (the Mood-Intentionality (...) thesis). Section 3 argues some moods are experienced as rationally intelligible responses, and so epistemically appropriate, to the way ‘the world’ presents itself (the Mood-Intelligibility thesis). Finally, section 4 discusses the epistemology of moods. (shrink)

This book proposes and defends a new theory of emotional experience. Drawing on recent developments in the philosophy of emotion, with links to contemporary philosophy of mind, it argues that emotional experiences are sui generis states, not to be modelled after other mental states – such as perceptions, judgements, or bodily feelings – but given their own analysis and place within our mental economy. More specifically, emotional experiences are claimed to be feelings-towards-values.