This book provides a theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines. It explores the history of this prohibition, the current legal doctrine, and future applications of the Eighth Amendment. With contributions from the leading academics and experts on the Eighth Amendment and the wide range of punishments and criminal justice actors it touches, this volume addresses constitutional theory, legal history, federalism, constitutional values, the applicable legal doctrine, punishment theory, prison (...) conditions, bail, fines, the death penalty, juvenile life without parole, execution methods, prosecutorial misconduct, race discrimination, and law & science. (shrink)

This article explores the teaching of Fratelli tutti as an integrating document of the papacy of Francis. Exploring the title as greeting and imperative, the authors make a case for exploring FT as both a development of the themes of earlier social encyclicals and as an attempt to explore an integral humanism for a new age facing economic, environmental, migratory, and social-conflictual challenges. The article lays out a summary of these main themes of Francis’s social teaching. Nonetheless, the authors conclude, (...) the integral planetary humanism that Francis calls for, and is so needed, is itself a radically incomplete project. A common home is not possible without a recognition of a common kinship, yet without deep reflection on women’s experience, the inclusion of women as full subjects and agents of CST, and greater attention to race, the document cannot fully embody the spirit and logic of its own message of gift, inclusion, and co-belonging. (shrink)

Rare genetic diseases collectively impact millions of individuals in the United States. These patients and their families share many challenges including delayed diagnosis, lack of knowledgeable providers, and limited economic incentives to develop new therapies for small patient groups. As such, rare disease patients and families often must rely on advocacy, including both self-advocacy to access clinical care and public advocacy to advance research. However, these demands raise serious concerns for equity, as both care and research for a given disease (...) can depend on the education, financial resources, and social capital available to the patients in a given community. In this article, we utilize three case examples to illustrate ethical challenges at the intersection of rare diseases, advocacy and justice, including how reliance on advocacy in rare disease may drive unintended consequences for equity. We conclude with a discussion of opportunities for diverse stakeholders to begin to address these challenges. (shrink)

Indirect speech acts—responding “I forgot to wear my watch today” to someone who asked for the time—are ubiquitous in daily conversation, but are understudied in current neurobiological models of language. To comprehend an indirect speech act like this one, listeners must not only decode the lexical-semantic content of the utterance, but also make a pragmatic, bridging inference. This inference allows listeners to derive the speaker’s true, intended meaning—in the above dialog, for example, that the speaker cannot provide the time. In (...) the present work, we address this major gap by asking non-aphasic patients with behavioral variant frontotemporal dementia and brain-damaged controls with amnestic mild cognitive impairment to judge simple question-answer dialogs of the form: “Do you want some cake for dessert?” “I’m on a very strict diet right now,” and relate the results to structural and diffusion MRI. Accuracy and reaction time results demonstrate that subjects with bvFTD, but not MCI, are selectively impaired in indirect relative to direct speech act comprehension, due in part to their social and executive limitations, and performance is related to caregivers’ judgment of communication efficacy. MRI imaging associates the observed impairment in bvFTD to cortical thinning not only in traditional language-associated regions, but also in fronto-parietal regions implicated in social and executive cerebral networks. Finally, diffusion tensor imaging analyses implicate white matter tracts in both dorsal and ventral projection streams, including superior longitudinal fasciculus, frontal aslant, and uncinate fasciculus. These results have strong implications for updated neurobiological models of language, and emphasize a core, language-mediated social disorder in patients with bvFTD. (shrink)

Experimental studies of fear conditioning have identified the effectiveness of safety signals in inhibiting fear and maintaining fear-motivated behaviors. In fear conditioning procedures, the presence of safety signals means that the otherwise expected feared outcome will not now occur. Differences in the inhibitory learning processes needed to learn safety are being identified in various psychological and psychiatric conditions. However, despite early theoretical interest, the role of conditioned inhibitors as safety signals in anxiety has been under-investigated to date, in part because (...) of the stringent test procedures required to confirm the demonstration of conditioned inhibition as such. Nonetheless, the theoretical implications of an inhibitory learning perspective continue to influence clinical practice. Moreover, our understanding of safety signals is of additional importance in the context of the increased health anxiety and safety behaviors generated by the COVID-19 pandemic. (shrink)

Readers assume that commonplace properties of the real world also hold in realistic fiction. They believe, for example, that the usual physical laws continue to apply. But controversy exists in theories of fiction about whether real individuals exist in the story’s world. Does Queen Victoria exist in the world of Jane Eyre, even though Victoria is not mentioned in it? The experiments we report here find that when participants are prompted to consider the world of a fictional individual (“Consider the (...) world of Jane Eyre…”), they are willing to say that a real individual (e.g., Queen Victoria) can exist in the same world. But when participants are prompted to consider the world of a real individual, they are less willing to say that a fictional individual can exist in that world. The asymmetry occurs when we ask participants both if a real person is in the character’s world and if the person would appear there. However, the effect is subject to spatial and temporal constraints. When the person and the character share spatial and temporal settings, interchange is more likely to occur. These results shed light on the author’s implicit contract with the reader, which can license the reader to augment a fictional world with features that the author only implicates as part of the work’s background. (shrink)

Background Policy decisions about childhood vaccination require consideration of multiple, sometimes conflicting, public health and ethical imperatives. Examples of these decisions are whether vaccination should be mandatory and, if so, whether to allow for non-medical exemptions. In this article we argue that these policy decisions go beyond typical public health mandates and therefore require democratic input.Methods We report on the design, implementation, and results of a deliberative public forum convened over four days in Ontario, Canada, on the topic of childhood (...) vaccination.Results 25 participants completed all four days of deliberation and collectively developed 20 policy recommendations on issues relating to mandatory vaccinations and exemptions, communication about vaccines and vaccination, and AEFI (adverse events following immunization) compensation and reporting. Notable recommendations include unanimous support for mandatory childhood vaccination in Ontario, the need for broad educational communication about vaccination, and the development of a no-fault compensation scheme for AEFIs. There was persistent disagreement among deliberants about the form of exemptions from vaccination (conscience, religious beliefs) that should be permissible, as well as appropriate consequences if parents do not vaccinate their children.Conclusions We conclude that conducting deliberative democratic processes on topics that are polarizing and controversial is viable and should be further developed and implemented to support democratically legitimate and trustworthy policy about childhood vaccination. (shrink)

Introduction The Defining Issues Test (DIT) aimed to measure one’s moral judgment development in terms of moral reasoning. The Neo-Kohlbergian approach, which is an elaboration of Kohlbergian theory, focuses on the continuous development of postconventional moral reasoning, which constitutes the theoretical basis of the DIT. However, very few studies have directly tested the internal structure of the DIT, which would indicate its construct validity. Objectives Using the DIT-2, a later revision of the DIT, we examined whether a bi-factor model or (...) 3-factor CFA model showed a better model fit. The Neo-Kohlbergian theory of moral judgment development, which constitutes the theoretical basis for the DIT-2, proposes that moral judgment development occurs continuously and that it can be better explained with a soft-stage model. Given these assertions, we assumed that the bi-factor model, which considers the Schema-General Moral Judgment (SGMJ), might be more consistent with Neo-Kohlbergian theory. Methods We analyzed a large dataset collected from undergraduate students. We performed confirmatory factor analysis (CFA) via weighted least squares. A 3-factor CFA based on the DIT-2 manual and a bi-factor model were compared for model fit. The three factors in the 3-factor CFA were labeled as moral development schemas in Neo-Kohlbergian theory (i.e., personal interests, maintaining norms, and postconventional schemas). The bi-factor model included the SGMJ in addition to the three factors. Results In general, the bi-factor model showed a better model fit compared with the 3-factor CFA model although both models reported acceptable model fit indices. Conclusion We found that the DIT-2 scale is a valid measure of the internal structure of moral reasoning development using both CFA and bi-factor models. In addition, we conclude that the soft-stage model, posited by the Neo-Kohlbergian approach to moral judgment development, can be better supported with the bi-factor model that was tested in the present study. (shrink)

High-profile failures in financial trading have led to interest in how the culture of the industry produces risky and unethical behaviours among traders. Yet, there is no established theoretical framework for studying this: we apply safety culture theory to examine ten recent high-profile trading mishaps investigated by the UK financial regulator. The results show that the dimensions of safety culture used to understand organisational accidents in domains such as aviation also explain failures in Risk Management within financial trading organisations. This (...) counters narratives focusing on traders who are unethical ‘rule breakers’, and emphasises the value of a systemic approach, whereby safety culture theory is used to explain why risky behaviours in financial trading occur. Safety culture therefore provides a conceptual basis for further research on risky and unethical behaviours in financial trading, alongside providing insights for possible intervention. (shrink)

Pulling from theories of social exchange, deonance, and fairness heuristics, this study focuses on the relationship between overall justice climate and both the prosocial and deviant behaviors of groups. Specifically, it considers two contextual boundary conditions on this effect—corporate social responsibility and group moral identity. Results from a laboratory experiment are presented, which show a significant effect for overall justice climate and a two-way interaction between overall justice climate and CSR on group-level prosocial and deviant behaviors, and a marginally significant (...) interaction of group moral identity with overall justice climate on group deviance. The implications of contextual influences on workplace ethics and justice are discussed. (shrink)

Information can be public among a group. Whether or not information is public matters, for example, for accounts of interdependent rational choice, of communication, and of joint intention. A standard analysis of public information identifies it with (some variant of) common belief. The latter notion is stipulatively defined as an infinite conjunction: for p to be commonly believed is for it to believed by all members of a group, for all members to believe that all members believe it, and so (...) forth. This analysis is often presupposed without much argument in philosophy. Theoretical entrenchment or intuitions about cases might give some traction on the question, but give little insight about why the identification holds, if it does. The strategy of this paper is to characterize a practical-normative role for information being public, and show that the only things that play that role are (variants of) common belief as stipulatively characterized. In more detail: a functional role for “taking a proposition for granted” in non-isolated decision making is characterized. I then present some minimal conditions under which such an attitude is correctly held. The key assumption links this attitude to beliefs about what is public. From minimal a priori principles, we can argue that a proposition being public among a group entails common commitment to believe among that group. Later sections explore partial converses to this result, the factivity of publicity and publicity from the perspective of outsiders to the group, and objections to the aprioricity of the result deriving from a posteriori existential presuppositions. (shrink)

Should you care less about your distant future? What about events in your life that have already happened? How should the passage of time affect your planning and assessment of your life? Most of us think it is irrational to ignore the future but harmless to dismiss the past. But this book argues that rationality requires temporal neutrality.

Ned Block argues that the higher-order (HO) approach to explaining consciousness is ‘defunct’ because a prominent objection (the ‘misrepresentation objection’) exposes the view as ‘incoherent’. What’s more, a response to this objection that I’ve offered elsewhere (Weisberg 2010) fails because it ‘amounts to abusing the notion of what-it’s-like-ness’ (xxx).1 In this response, I wish to plead guilty as charged. Indeed, I will continue herein to abuse Block’s notion of what-it’s-like-ness. After doing so, I will argue that the HO approach accounts (...) for the sense of what-it’s-like-ness that matters in a theory of consciousness. I will also argue that the only incoherence present in the HO theory is that generated by embracing Block’s controversial notion of what-it’s-like-ness, something no theorist of any stripe ought to do. Block is famous for (among other things) having introduced the notion of ‘phenomenal consciousness’ into contemporary philosophy of mind (Block 1995). This term is widely employed in the philosophical literature and it even appears in the empirical literature. But wide-speared usage has brought about divergent interpretations of the term. We can distinguish a ‘moderate’ and a ‘zealous’ reading of ‘phenomenal consciousness’. On the moderate reading, ‘phenomenal consciousness’ just means ‘experience’. Many people have embraced this sense of the term and use it to roughly pick out conscious experience involving sensory quality (states like conscious visual experiences or conscious pains, for example).2 On the zealous reading, however, phenomenal consciousness is held to be ‘distinct from any cognitive, intentional, or functional property’ (Block 1995: 234). That is, any explanation of phenomenal consciousness in exclusively cognitive, intentional, or functional terms will fail to capture, without remainder, what is really distinctive about phenomenal consciousness. Block, of course, is fully clear about embracing the zealous reading; indeed, his initial introduction of the notion is in those terms. The same ambiguity occurs with the much-used (and abused) idea of ‘what-it’s-like-ness’.. (shrink)

The debate between legal constitutionalists and critics of constitutional rights and judicial review is an old and lively one. While the protection of minorities is a pivotal aspect of this debate, the protection of disenfranchised minorities has received little attention. Policy-focused discussion—of the merits of the Human Rights Act in Britain for example—often cites protection of non-citizen migrants, but the philosophical debate does not. Non-citizen residents or ‘denizens’ therefore provide an interesting test case for the theory of rights as trumps (...) on ordinary representative politics. Are they the ultimate success story of the human rights framework? Or was Michael Walzer correct to describe government of denizens by citizens as a modern form of ‘tyranny’? This paper argues that neither liberal rights theorists nor democratic republicans provide a coherent response to the existence of denizens. Liberal rights theorists overstate the extent to which a politically powerless status can secure individual rights, while democratic republicans idealise the political process and wrongly assume that all those affected by laws are eligible for political participation. The paper outlines an alternative model for assessing the accountability of states to their non-citizen population, informed by the republican ideal of non-domination. It identifies gaps in state accountability to denizens–such as where there is inadequate diplomatic protection—and argues that these gaps are particularly troubling if their exit costs of leaving the state are high. (shrink)

In this paper, I will argue, contra Prinz, that empathy is a crucial component of our moral lives. In particular, I argue that empathy is sometimes epistemologically necessary for identifying the right action; that empathy is sometimes psychologically necessary for motivating the agent to perform the right action; and that empathy is sometimes necessary for the agent to be most morally praiseworthy for an action. I begin by explaining what I take empathy to be. I then discuss some alleged problems (...) for empathy and explain why some argue that empathy is unnecessary and sometimes even problematic in the moral domain. Next, I criticize a prominent alternative to an empathy-based morality. Finally, I argue that that empathy is sometimes epistemologically and psychologically necessary for doing the right thing and is sometimes necessary for moral worth. I conclude with a discussion of the important role of empathy in our everyday lives. (shrink)

This article examines the role of historical science in clarifying the causal structure of complex natural processes. I reject the pervasive view that historical science does not uncover natural regularities. To show why, I consider an important methodological distinction in geology between uniformitarianism and actualism; methodological actualism, the preferred method of geologists, often relies on historical reconstructions to test the stability of currently observed processes. I provide several case studies that illustrate this, including one that highlights how historical narratives can (...) improve predictive models. (shrink)

Artist Meghan Moe Beitiks considers her first-person perspective of entanglements of light and air during the 2020–21 pandemic from her position in academia and Florida.

Various authors have attempted to understand knowledge-wh—or knowledge ascriptions that include an interrogative complement. I present and explain some of the analyses offered so far and argue that each view faces some problems. I then present and explain a newanalysis of knowledge-wh that avoids these problems and that offers several other advantages. Finally I raise some problems for invariantism about knowledge-wh and I argue thatcontextualism about knowledge-wh fits nicely with a very natural understanding of the nature of questions.

The work of science is a linguistic act. However, like history and philosophy of science, language has frequently been isolated from science content due to factors such as school departmentalization and narrow definitions of what it means to teach, know, and do science. This conceptual article seeks to recognize and recognize—to understand and yet rethink—science content in light of the vision of science expected by academic standards. Achieving that vision requires new perspectives in science teaching and teacher education that look (...) into the role that science language expectations play in science content. These perspectives reposition attention to language from a hidden, overlooked, or outsourced aspect of science teaching, to one at its core. To help bring teachers and teacher educators into this integrative view of science content, this article offers a mirror, a prism, and a lens as three metaphorical tools to explore the essential roles that language plays for, in, and as science content. The reflection, refraction, and refocusing of science content reveal complex science language expectations that function alongside facts, figures, and formulas of science as gatekeeping mechanisms that, once noticed, cannot be ignored or marginalized in science teaching and science teacher education. (shrink)

This chapter contains sections titled: Why so Blue? Women and the Blues Stealing the Blues Conclusion Notes.

Philosophers like to worry about luck. And well they should. Luck poses potential difficulties for knowledge, moral appraisal, and freedom. The primary target of this paper will be the last of these concerns . Recent arguments from luck have been levied against libertarian accounts of free will, including agent-causal ones. One general goal of this paper will be to demonstrate the truth of an often overlooked claim about responsibility-undermining luck. Part of this task will include illustrating what is genuinely worrisome (...) about luck in the context of free will. It will turn out that the problem is not fundamentally a problem of explanation. Another aim will be to argue that the truth of this claim about luck reveals a problem for event-causal libertarianism but has yet to reveal a problem for the agent-causal view. For the purposes of this paper, it will be assumed that luck does indeed undermine free action and moral responsibility. But it will be argued that agent-caused actions have not been shown to be "lucky.". (shrink)

Timothy Williamson thinks that every object is a necessary, eternal existent. In defense of his view, Williamson appeals primarily to considerations from modal and tense logic. While I am uncertain about his modal claims, I think there are good metaphysical reasons to believe permanentism: the principle that everything always exists. B-theorists of time and change have long denied that objects change with respect to unqualified existence. But aside from Williamson, nearly all A-theorists defend temporaryism: the principle that there are temporary (...) existents. I think A-theorists are better off without this added commitment, but I will not argue for that in any great detail here. Instead, I will contend that a very tempting A-theoretic argument for temporaryism is unsound. In the first half of the paper, I will develop the Moorean “common sense” argument for temporaryism and dispute its central premise, namely that temporaryism is a valid generalization from highly plausible beliefs about change. I will argue that given the pervasive vagueness in our ordinary beliefs about change and the background commitments of all A-theories, no party can claim to be the common sense view because no party can accommodate most of our common sense beliefs about change in existence. In the second half of the paper, I will propose a permanentist A-theory that explains all change over time as a species of property change. I call it the minimal A-theory, since it dispenses with the change in existence assumption. As we'll see, the permanentist alternative performs well enough in explaining our ordinary beliefs about change, and it has better prospects for answering some objections commonly levied against A-theories. (shrink)

In this paper, I argue against Peter van Inwagen’s claim (in “Free Will Remains a Mystery”), that agent-causal views of free will could do nothing to solve the problem of free will (specifically, the problem of chanciness). After explaining van Inwagen’s argument, I argue that he does not consider all possible manifestations of the agent-causal position. More importantly, I claim that, in any case, van Inwagen appears to have mischaracterized the problem in some crucial ways. Once we are clear on (...) the true nature of the problem of chanciness, agent-causal views do much to eradicate it. (shrink)