The U.S. oversight system for genetically engineered organisms was evaluated to develop hypotheses and derive lessons for oversight of other emerging technologies, such as nanotechnology. Evaluation was based upon quantitative expert elicitation, semi-standardized interviews, and historical literature analysis. Through an interdisciplinary policy analysis approach, blending legal, ethical, risk analysis, and policy sciences viewpoints, criteria were used to identify strengths and weaknesses of GEOs oversight and explore correlations among its attributes and outcomes. From the three sources of data, hypotheses and broader (...) conclusions for oversight were developed. Our analysis suggests several lessons for oversight of emerging technologies: the importance of reducing complexity and uncertainty in oversight for minimizing financial burdens on small product developers; consolidating multi-agency jurisdictions to avoid gaps and redundancies in safety reviews; consumer benefits for advancing acceptance of GEO products; rigorous and independent pre- and post-market assessment for environmental safety; early public input and transparency for ensuring public confidence; and the positive role of public input in system development, informed consent, capacity, compliance, incentives, and data requirements and stringency in promoting health and environmental safety outcomes, as well as the equitable distribution of health impacts. Our integrated approach is instructive for more comprehensive analyses of oversight systems, developing hypotheses for how features of oversight systems affect outcomes, and formulating policy options for oversight of future technological products, especially nanotechnology products. (shrink)

U.S. approaches to oversight of research and technological products have developed over time in an effort to ensure safety to humans, animals, and the environment and to control use in a social context. In modern times, regulatory and oversight tools have evolved to include diverse approaches such as performance standards, tradable allowances, consultations between government and industry, and pre-market safety and efficacy reviews. The decision whether to impose an oversight system, the oversight elements, the level of oversight, the choice of (...) approach, and its execution can profoundly affect technological development, individual and collective interests, and public confidence in technological products. Oversight is conducted by a range of institutions with various capabilities, cultures, and motives. Avenues for disputing oversight decisions are also important, and some argue that the U.S. operates in an adversarial regulatory culture in which Congress, the media, and stakeholders regularly contest the decisions of federal agencies. (shrink)

Environmental releases of gene edited (GEdOs) and gene drive organisms (GDOs) will likely occur under conditions of high uncertainty and in complex socioecological systems. Therefore, public deliberation is especially important to account for diverse interpretations of safety, risks, and benefits; to draw on experiential and public wisdom in areas of proposed release; to ameliorate dangers of technological optimism; and to increase the public legitimacy of decisions. Yet there is a “democratic deficit” in the United States' oversight system for GEdOs and (...) GDOs, as unconflicted experts, publics, and skeptical stakeholders are most often excluded from decision‐making and unavailable to critically examine potential risks and benefits or raise broader concerns about socioeconomic or cultural impacts. This article argues for the need to open up decision‐making for GEdOs and GDOs, discusses the challenges for doing so within the current oversight framework, and finally, proposes institutional, policy, and attitudinal changes that are likely important for overcoming barriers to public deliberation. (shrink)

For the purposes of conservation or suppression of species, gene drive technology has significant potential. Theoretically speaking, with the release of even relatively few animals with gene drive systems in an ecosystem, beneficial or harmful genes could be introduced into the entire wild-type population of that species. Given the profound impact that gene drives could have on species and ecosystems, their use is a highly contentious issue. Communities and groups have differing beliefs about nature and its conservation or preservation, as (...) well as concerns about the ecological safety of the eradication, replacement or enhancement of particular species of animals by means of genetic engineering. For all those reasons, the rigorous regulation of insects and other animals with gene drive systems is crucial. In this paper, we consider the question of whether the United States Food and Drug Administration is prepared to effectively regulate insects and other animals with gene drives. (shrink)

Allhoff, Fritz, Patrick Lin, and Daniel Moore. 2010. What is nanotechnology and why does it matter? From science to ethics Content Type Journal Article Pages 209-211 DOI 10.1007/s11673-011-9289-z Authors Jennifer Kuzma, University of Minnesota, Humphrey School of Public Affairs, 301 19th Ave So, Minneapolis, MN 55455, USA Journal Journal of Bioethical Inquiry Online ISSN 1872-4353 Print ISSN 1176-7529 Journal Volume Volume 8 Journal Issue Volume 8, Number 2.

Novel targeted genetic modification (TagMo) techniques for plants have the potential to increase the speed and ease of genetic modification and fall outside existing regulatory authority. We conducted 31 interviews with expert-stakeholders to explore the differing visions they have for the future of plant TagMo environmental regulation. To guide our analysis we review the tenets of anticipatory governance in light of future studies literature on emerging technology, focusing on how to contribute to reflexivity by making explicit the assumptions within envisioned (...) futures. Our findings reveal that the environmental regulation futures articulated by expert-stakeholders could be classified into three categories—optimistic, pragmatic, and critical—based on their differing underlying assumptions concerning what constitutes environmental risk and the adequacy of existing U.S. genetically modified plant regulations. By gathering these diverse perspectives on the future and studying how they differ, we hope to further the anticipatory governance-informed engagement with regulation and foster a more productive discussion of plant TagMo regulation. (shrink)

The growth of responsible innovation scholarship has been mirrored by a proliferation of RI definitions and practices, as well as a recognition of the importance of context for RI. This study investigates how researchers in the field of nanotechnology for food and agriculture define and practice RI, as well as what motivations they see for pursuing RI. We conducted 20 semi-structured interviews with nano-agrifood researchers from industry and academia in the USA, where we asked them to describe their RI definitions, (...) practices, and motivations. We analyzed the emergent themes from these interviews, including how the themes aligned with four prominent RI principles. We found that nano-agrifood researchers largely focused their descriptions of RI definitions, practices, and motivations around a narrow envisioning of the RI principle of anticipation — emphasizing product safety, efficacy, and efficiency. We also found noteworthy tensions surrounding the less frequently mentioned RI principles. For example, some researchers envisioned inclusion as a way to align products with industry interests while others saw it as a way to align products with the public good. Concerning motivations for RI, some researchers viewed RI as a way to protect one’s reputation and avoid lawsuits while others viewed it as a way to improve human well-being and solve societal problems. Given these findings, future efforts to foster RI within nano-agrifoods should promote discussions among researchers concerning what it means to responsibly innovate and what practices this could entail, particularly beyond ensuring product safety, efficacy, and efficiency. (shrink)

Historically, market regulation has played an important role in shaping the trajectory of scientific and technological innovation in food and agriculture. However, regulators’ traditional focus on safety and efficacy may be insufficient to address more complex ethical, legal, and social implications of novel products, such as the use of nanotechnology and nanomaterials in food and agriculture. One solution might be to implement the principles of responsible innovation to challenge innovators and policymakers to better anticipate risks further upstream and be responsive (...) to societal desires and concerns, although substantial barriers to implementation persist. This paper presents stakeholder views on the relationship between regulation and RI in nano-agrifoods based on a broader U.S. stakeholder engagement study conducted in the fall of 2020. We found that participants raised key issues that incorporated all 4 pillars of RI. We also found that participants’ attitudes about the relationship between regulation and innovation informed their recommendations about the relationship between regulation and RI. These attitudes are represented in a spectrum of views, ranging from “regulation as barrier” to “regulation as driver” of innovation. We further identified implications for how each attitude might be used to operationalize RI in regulatory systems. Overall, these results suggest that just as regulation drove key innovations in the twentieth century, regulation may still have a role to play in helping to promote RI of nano-agrifoods in the twenty-first. (shrink)

This chapter contains sections titled: Decision‐making about New Technologies Case Studies for Biotechnology Guidance from the Public References and Further Reading.

Growing public concern and uncertainties surrounding emerging technologies suggest the need for socially-responsible behavior of companies in the development and implementation of oversight systems for them. In this paper, we argue that corporate social responsibility (CSR) is an important aspect of nanotechnology oversight given the role of trust in shaping public attitudes about nanotechnology and the lack of data about the health and environmental risks of nanoproducts. We argue that CSR is strengthened by the adoption of stakeholder-driven models and attention (...) to moral principles in policies and programs. In this context, we examine drivers of CSR, contextual and leadership factors that influence CSR, and strategies for CSR. To illustrate these concepts, we discuss existing cases of CSR-like behavior in nanotechnology companies, and then provide examples of how companies producing nanomedicines can exhibit morally-driven CSR behavior. (shrink)

This chapter contains sections titled: Cases of S&T Applied to the MDGs Ways Forward References and Further Reading.

Risk analysis and regulatory systems are usually evaluated according to utilitarian frameworks, as they are viewed to operate “objectively” by considering the health, environmental, and economic impacts of technological applications. Yet, the estimation of impacts during risk analysis and the decisions in regulatory review are affected by value choices of actors and stakeholders; attention to principles such as autonomy, justice, and integrity; and power relationships. In this article, case studies of biotechnology are used to illustrate how non-utilitarian principles are prominent (...) in risk analysis and regulatory review and to argue that these relationships should be carefully considered as we consider nanotechnology oversight systems for its products. We argue that there are not distinct separations between “science-based” review systems, in which evaluations of the consequences of technological products are primarily considered, and principles of integrity, justice, non-maleficence, and autonomy. It should further be expected that, given research into fair treatment during decision-making processes, attention to ethics will affect how citizens assess emerging technologies. Finally, a more holistic approach for evaluating oversight systems for the products of nanotechnology is suggested, one which does not draw a sharp distinction between risk analysis, regulation, and respect for non-utilitarian values. (shrink)

There is a “revolving door” between federal agencies and the industries regulated by them. Often, at the end of their industry tenure, key industry personnel seek employment in government regulatory entities and vice versa. The flow of workers between the two sectors could bring about good. Industry veterans might have specialized knowledge that could be useful to regulatory bodies and former government employees could help businesses become and remain compliant with regulations. But the “revolving door” also poses at least three (...) ethical and policy challenges that have to do with public trust and fair representation. First, the presence of former key industry personnel on review boards could adversely impact the public’s confidence in regulatory decisions about new technology products, including agrifood biotechnologies. Second, the ‘‘revolving door’’ may result in policy decisions about technologies that are biased in favor of industry interests. And third, the ‘‘revolving door’’ virtually guarantees industry a voice in the policy-making process, even though other stakeholders have no assurance that their concerns will be addressed by regulatory agencies. We believe these three problems indicate a failure of regulatory review for new technologies. The review process lacks credibility because, at the very least, it is procedurally biased in favor of industry interests. We argue that prohibiting the flow of personnel between regulatory agencies and industry would not be a satisfactory solution to the three problems of public trust and just representation. To address them, regulatory entities must reject the traditional notion of objectivity. Instead they should adopt the conception of objectivity developed by Sandra Harding and re-configure their regulatory review on the basis of it. That will ensure that a heterogeneous group of stakeholders is at the decision-making table. The fair representation of interests of different constituencies in the review process could do much to inspire warranted public confidence in regulatory protocols and decisions. (shrink)

The emergence of nanotechnology, and specifically nanobiotechnology, raises major oversight challenges. In the United States, government, industry, and researchers are debating what oversight approaches are most appropriate. Among the federal agencies already embroiled in discussion of oversight approaches are the Food and Drug Administration , Environmental Protection Agency , Department of Agriculture , Occupational Safety and Health Administration , and National Institutes of Health . All can learn from assessment of the successes and failures of past oversight efforts aimed at (...) emerging technologies. This article reports on work funded by the National Science Foundation aimed at learning the lessons of past oversight efforts. The article offers insights that emerge from comparing five oversight case studies that examine oversight of genetically engineered organisms in the food supply, pharmaceuticals, medical devices, chemicals in the workplace, and gene therapy. Using quantitative and qualitative analysis, the authors present a new way of evaluating oversight. (shrink)

Introduction -- Elucidating complexity theories -- Complexity in the natural sciences -- Complexity in social theory -- Towards transdisciplinarity -- Complexity in philosophy: complexification and the limits to knowledge -- Complexity in ethics -- Earth in the anthropocene -- Complexity and climate change -- American dreams, ecological nightmares and new visions -- Complexity and sustainability: wicked problems, gordian knots and synergistic solutions -- Conclusion.

Testimony is an invaluable source of knowledge. We rely on the reports of those around us for everything from the ingredients in our food and medicine to the identity of our family members. Recent years have seen an explosion of interest in the epistemology of testimony. Despite the multitude of views offered, a single thesis is nearly universally accepted: testimonial knowledge is acquired through the process of transmission from speaker to hearer. In this book, Jennifer Lackey shows that this (...) thesis is false and, hence, that the literature on testimony has been shaped at its core by a view that is fundamentally misguided. She then defends a detailed alternative to this conception of testimony: whereas the views currently dominant focus on the epistemic status of what speakers believe, Lackey advances a theory that instead centers on what speakers say. The upshot is that, strictly speaking, we do not learn from one another's beliefs - we learn from one another's words. Once this shift in focus is in place, Lackey goes on to argue that, though positive reasons are necessary for testimonial knowledge, testimony itself is an irreducible epistemic source. This leads to the development of a theory that gives proper credence to testimony's epistemologically dual nature: both the speaker and the hearer must make a positive epistemic contribution to testimonial knowledge. The resulting view not only reveals that testimony has the capacity to generate knowledge, but it also gives appropriate weight to our nature as both socially indebted and individually rational creatures. The approach found in this book will, then, represent a radical departure from the views currently dominating the epistemology of testimony, and thus is intended to reshape our understanding of the deep and ubiquitous reliance we have on the testimony of those around us. (shrink)

Background:The public domain of midwifery practice, represented by the educational and hospital institutions could be blamed for a subconscious ethical dilemma for midwifery practitioners. The result of such tension can be seen in complaints from maternity service users of dehumanised care. When expectations are not met, women report dehumanising experiences that carry long term consequences to both them and their child.Objectives:To revisit the ethical foundation of midwifery practice to reflect the feminist Ethic of Care and reframe what is valuable to (...) women and midwives during the childbirth experience.Research Design:A comprehensive literature review is presented from the midwifery and feminist ethics discourse.Ethical Considerations:Nil to report.Findings:Women are vulnerable during childbirth as they need care, yet they prioritise elements of relationship in their experience. The Ethic of Care approach equalises the relationship between the midwife and the woman, providing the space for relationship building and allowing midwives to meet the expectations of their accepted responsibility.Discussion:Some midwives manage to balance the demands of the institution with the needs of the woman. This is described as both an emotional and professionally challenging balancing act.Conclusion:Until there is a formal acknowledgement of the different ethical approach to midwifery practice from within the profession and the Institution, midwifery identity and practice will continue to be compromised. (shrink)

Dispositionality is a modal notion of a certain sort. When an object is said to have a disposition, we typically understand this to mean that under certain circumstances, the object would behave in a certain way. For instance, a fragile object is disposed to break when dropped onto a concrete surface. It need not actually break - its being fragile has implications that, so to speak, point beyond the actual world. According to dispositionalism, all modal features of the world may (...) be accounted for in terms of its dispositional features. My aim in this paper is to assess the prospects for dispositionalism by examining the most promising theories. Sections 1 and 2 clarify the assumptions and desiderata of a successful dispositionalist theory of modality. Section 3 introduces the principles governing the dispositionalist theories that apparently meet the desiderata. Sections 4 through 6 show that dispositionalism nonetheless faces three problems: while dispositions help account for modal features of the world that are local, diachronic, or gradable, they cannot account for certain modal features of the world that are global, synchronic, or absolute. I end by discussing the costs of preserving dispositionalism. (shrink)

1. Lying -- 2. The problem of what is said -- 3. What is said -- 4. Is lying worse than merely misleading? -- 5. Some interesting cases.

There is a puzzle concerning the essences of fundamental entities that arises from considerations about essence, on one hand, and fundamentality, on the other. The Essence-Dependence Link (EDL) says that if x figures in the essence of y, then y is dependent upon x. EDL is prima facie plausible in many cases, especially those involving derivative entities. But consider the property negative charge. A negatively charged object exhibits certain behaviors that a positively charged object does not: it moves away from (...) other negatively charged objects, towards positively charged objects, etc. It is commonly thought that negative charge disposes its bearer to move away from other negatively charged objects, towards positively charged objects, etc. But if negative charge is fundamental, then no other entities—including the property positive charge—can figure in its essence. We thus have a prima facie puzzle: How can we say anything interesting about the essences of fundamental entities without running afoul of EDL? In this paper, I present and discuss the consequences of EDL for the debate between causal essentialists and quidditists about properties, and propose solutions to the puzzle. (shrink)

Properties seem to play an important role in causal relations. But philosophers disagree over whether or not properties play their causal or nomic roles essentially. Causal essentialists say that they do, while quidditists deny it. This article surveys these two views, as well as views that try to find a middle ground.

Jennifer Lackey presents a ground-breaking exploration of the epistemology of groups, and its implications for group agency and responsibility. She argues that group belief and knowledge depend on what individual group members do or are capable of doing, while being subject to group-level normative requirements.

This essay explores the speech act of dogwhistling (sometimes referred to as ‘using coded language’). Dogwhistles may be overt or covert, and within each of these categories may be intentional or unintentional. Dogwhistles are a powerful form of political speech, allowing people to be manipulated in ways they would resist if the manipulation was carried outmore openly—often drawing on racist attitudes that are consciously rejected. If philosophers focus only on content expressed or otherwise consciously conveyed they may miss what is (...) most powerful and pernicious in the speech of political culture. This essay is a call to start paying attention to these more covert speech acts, and a first attempt at beginning to theorize them. It argues that dogwhistles present a complex and interesting case for the philosopher of language, and explores their implications for democratic politics. (shrink)

A view of knowledge—what I call the "Deserving Credit View of Knowledge" —found in much of the recent epistemological literature, particularly among so-called virtue epistemologists, centres around the thesis that knowledge is something for which a subject deserves credit. Indeed, this is said to be the central difference between those true beliefs that qualify as knowledge and those that are true merely by luck—the former, unlike the latter, are achievements of the subject and are thereby creditable to her. Moreover, it (...) is often further noted that deserving credit is what explains the additional value that knowledge has over merely lucky true belief. In this paper, I argue that the general conception of knowledge found in the DCVK is fundamentally incorrect. In particular, I show that deserving credit cannot be what distinguishes knowledge from merely lucky true belief since knowledge is not something for which a subject always deserves credit. (shrink)

Hurley’s is a difficult book to work through—partly because of its length and the complexity of its arguments, but also because each of the ten essays of which it is composed has a rather different starting point and focus, and because few of her arguments achieve real closure. Essay 2 discusses competing interpretations of Kant, essay 4 articulates nonconceptual forms of self-consciousness, essay 5 offers fresh interpretations of commissurotomy patients’ behavior, essay 6 develops an objection to Wittgenstein on rule following, (...) essay 8 attacks an alleged assumption of externalism, and chapter 10 explores the possibility of combining a “motor theory” and a “control theory” of perception. This is a very rich brew, and at least half the challenge this book presents consists in discerning its central argument and conclusion with enough precision to bring criticism to bear. (shrink)

Philosophers of language have long recognized that in opaque contexts, such as those involving propositional attitude reports, substitution of co-referring names may not preserve truth value. For example, the name ‘Clark Kent’ cannot be substituted for ‘Superman’ in a context like:1. Lois believes that Superman can flywithout a change in truth value. In an earlier paper, Jennifer Saul demonstrated that substitution failure could also occur in ‘simple sentences’ where none of the ordinary opacity-producing conditions existed, such as:2. Superman leaps (...) more tall buildings than Clark Kent does.Accounts focusing on opacity were unable to explain our ‘anti-substitution intuitions’ in such cases.In Simple Sentences, Substitution, and Intuitions, Saul extends her earlier work. She provides a comprehensive presentation and criticism of recent accounts of simple sentence substitution failure, and proposes a new approach drawing on psychological evidence about cognitive processing. Saul's purpose is not merely to solve the substitution puzzle cases, but to make …. (shrink)

Testimony is a crucial source of knowledge: we are to a large extent reliant upon what others tell us. It has been the subject of much recent interest in epistemology, and this volume collects twelve original essays on the topic by some of the world's leading philosophers. It will be the starting point for future research in this fertile field. Contributors include Robert Audi, C. A. J. Coady, Elizabeth Fricker, Richard Fumerton, Sanford C. Goldberg, Peter Graham, Jennifer Lackey, Keith (...) Lehrer, Richard Moran, Frederick F. Schmitt, Ernest Sosa, and James Van Cleve. (shrink)

Actualist counterpart theory replaces David Lewis’s concrete possible worlds and individuals with ersatz worlds and individuals, but retains counterpart theory about de re modality. While intuitively attractive, this view has been rejected for two main reasons: the problem of indiscernibles and the Humphrey objection. I argue that in insisting that ersatz individuals play the same role as Lewisian individuals, actualists commit the particularist fallacy. The actualist should not require stand-ins for every Lewisian individual. Ersatz individuals should instead be construed as (...) representations of actually existing qualitative ways for individuals to be, or qualitative properties individuals can instantiate. This necessitates changes elsewhere. Non-instrumental uses of Kripke semantics and standard counterpart semantics also require stand-ins for particular non-actual individuals. I argue that the actualist should instead adopt a non-standard counterpart semantics that more clearly illuminates the role that actual properties and relations play in explaining de re possibilities and necessities. The result is an intuitive and forceful reply to both the problem of indiscernibles and the Humphrey objection. (shrink)

This essay raises new objections to the two dominant approaches to understanding the justification of group beliefs—_inflationary_ views, where groups are treated as entities that can float freely from the epistemic status of their members’ beliefs, and _deflationary_ views, where justified group belief is understood as nothing more than the aggregation of the justified beliefs of the group's members. If this essay is right, we need to look in an altogether different place for an adequate account of justified group belief. (...) From these objections emerges the skeleton of the positive view that this essay goes on to develop and defend, called the _group epistemic agent account_: groups are epistemic agents in their own right, with justified beliefs that respond to both evidence and normative requirements that arise only at the group level but that are nonetheless importantly constrained by the epistemic status of the beliefs of their individual members. (shrink)

ABSTRACT Though Nietzsche's lifelong fascination with Wagner's Tristan and Isolde is well documented, its impact upon the developmental trajectory of his philosophy and in particular, his thinking on the nature of eroticism remains far from obvious. This article examines the previously unheralded influence of Wagner's opera on Nietzsche's various attempts, throughout the 1880s, at forging an alternative conception of erotic desire—a conception no longer subordinated to the pursuit for fusional reconciliation but rather linked to the eternal return and the unconditional (...) affirmation of distance itself. (shrink)

A dramatic shift in British and French ideas about empire unfolded in the sixty years straddling the turn of the nineteenth century. As Jennifer Pitts shows in A Turn to Empire, Adam Smith, Edmund Burke, and Jeremy Bentham were among many at the start of this period to criticize European empires as unjust as well as politically and economically disastrous for the conquering nations. By the mid-nineteenth century, however, the most prominent British and French liberal thinkers, including John Stuart (...) Mill and Alexis de Tocqueville, vigorously supported the conquest of non-European peoples. Pitts explains that this reflected a rise in civilizational self-confidence, as theories of human progress became more triumphalist, less nuanced, and less tolerant of cultural difference. At the same time, imperial expansion abroad came to be seen as a political project that might assist the emergence of stable liberal democracies within Europe. Pitts shows that liberal thinkers usually celebrated for respecting not only human equality and liberty but also pluralism supported an inegalitarian and decidedly nonhumanitarian international politics. Yet such moments represent not a necessary feature of liberal thought but a striking departure from views shared by precisely those late-eighteenth-century thinkers whom Mill and Tocqueville saw as their forebears. Fluently written, A Turn to Empire offers a novel assessment of modern political thought and international justice, and an illuminating perspective on continuing debates over empire, intervention, and liberal political commitments. (shrink)

Saul_Jennifer, Scepticism and Implicit Bias.

ABSTRACT:The primacy of shareholder demands in the traditional theory of the firm has typically excluded marginalised stakeholder voices. However, shareholders involved in social shareholder engagement purport to bring these voices into corporate decision-making. In response to ethical concerns about the legitimacy of SSE, we use the lens of discourse ethics to provide a normative analysis at both action and constitutional levels. By specifying three normative questions, we extend the analysis of SSE to identify a political role for shareholders in pursuit (...) of the common good. We demonstrate the desirability for SSE to promote regulatory/institutional change to guarantee marginalised stakeholders a voice in corporate decisions that affect them. The theory of SSE we propose thus calls into question the stark separation of the political and economic spheres and reveals an underlying tension, often overlooked, within the responsible investment literature. (shrink)

Modal primitivists hold that some modal truths are primitively true. They thus seem to face a special epistemological problem: how can primitive modal truths be known? The epistemological objection has not been adequately developed in the literature. I undertake to develop the objection, and then to argue that the best formulation of the epistemological objection targets all realists about modality, rather than the primitivist alone. Furthermore, the moves available to reductionists in response to the objection are also available to primitivists. (...) I conclude by suggesting that extant theories of the epistemology of modality are not sensitive to the question of primitivism versus reductionism. (shrink)

Through a detailed analysis that draws on work across philosophy, the law, and social psychology, this book shows that, from the very beginning of the American criminal legal process in interrogation rooms to its final stages in front of parole boards, testimony is extracted from individuals through processes that are coercive, manipulative, or deceptive. This testimony is then unreasonably regarded as representing the testifiers’ truest or most reliable selves. With chapters ranging from false confessions and eyewitness misidentifications to recantations from (...) victims of sexual violence and expressions of remorse from innocent defendants at sentencing hearings, it is argued that there is a distinctive epistemic wrong being perpetrated against suspects, defendants, witnesses, and victims. This wrong involves brute State power targeting the epistemic agency of its citizens, extracting false testimony that is often life-shattering, and rendering the victims in question complicit in their own undoing. It is concluded that it is only through understanding what it means to respect the epistemic agency of each participant in the criminal legal system that we can truly grasp what justice demands and, in so doing, to reimagine what is possible. (shrink)

We often talk about knowledge being transmitted via testimony. This suggests a picture of testimony with striking similarities to memory. For instance, it is often assumed that neither is a generative source of knowledge: while the former transmits knowledge from one speaker to another, the latter preserves beliefs from one time to another. These considerations give rise to a stronger and a weaker thesis regarding the transmission of testimonial knowledge. The stronger thesis is that each speaker in a chain of (...) testimonial transmission must know that p in order to pass this knowledge to a hearer. The weaker thesis is that at least the first speaker must know that p in order for any hearer in the chain to come to know that p via testimony. I argue that both theses are false, and hence testimony, unlike memory, can be a generative source of knowledge. (shrink)

This article extends earlier research concerning the relationship between corporate social performance and corporate financial performance, with particular emphasis on methodological inconsistencies. Research in this area is extended in three critical areas. First, it focuses on a particular industry, the chemical industry. Second, it uses multiple sources of data-two that are perceptual based (KLD Index and Fortune reputation survey), and two that are performance based (TRI database and corporate philanthropy) in order to triangulate toward assessing corporate social performance. Third, it (...) uses the five most commonly applied accounting measures in the corporate social performance and corporate financial performance (CSP/CFP) literature to assess corporate financial performance. The results indicate that the a priori use of measures may actually predetermine the CSP/CFP relationship outcome. Surprisingly, Fortune and KLD indices very closely track one another, whereas TRI and corporate philanthropy differentiate between high and low social performers and do not correlate to the firm's financial performance. (shrink)

When Jennifer Wallace travelled round Greece as a student, hiking through olive groves to hunt out the stones of old temples and lost cities, she became fascinated by archaeology. It was magical. It was absurd. Give an archaeologist a few rocks and, like a master storyteller, he could bring another world to life. Give him a vague hunch about the past, and he was prepared to spend hours raking through the soil in search of proof. From the plain of (...) Troy to the Titanic, and from Britain's Stonehenge to Ground Zero in New York, Digging the Dirt explores the excavation sites that have exerted the strongest pull on the public imagination. Some sites, in which bones are indistinguishable from dust, have driven archaeologists to despair. Other sites haunt poets with memories of loss and romance. All reveal the relevance of archaeology to our deepest cultural anxieties. Passionate and intelligent, Digging the Dirt engages with the work of philosophers and writers who have been stirred by the life below the ground, while never losing sight of the pressing demands of archaeologists today. In a world of postmodern spin, Wallace calls for a renewed sense of the poetics of depth and shows how ex. (shrink)

The rise to power of Donald Trump has been shocking in many ways. One of these was that it disrupted the preexisting consensus that overt racism would be death to a national political campaign. In this paper, I argue that Trump made use of what I call “racial figleaves”—additional utterances that provide just enough cover to give reassurance to voters who are racially resentful but don’t wish to see themselves as racist. These figleaves also, I argue, play a key role (...) in shifting our norms about what counts as racist: they bring it about that something which would previously have been seen as revealing obvious racism is now seen as the sort of thing that a nonracist might say. This gives them tremendous power to corrupt not just our political discourse but our culture more broadly. (shrink)