This article addresses the data protection and product safety regulatory models currently applied to consumer-facing health technologies. It explains how the design and structures of existing data protection and safety regulation in the U.S. have resulted in exceptionally thin protection for the users of consumer-facing devices and products that rely on or that facilitate consumer collection or aggregation of health and wellness data. It also examines some appealing legislative alternatives to the current thin model used in the U.S. and suggests (...) a framework for prioritizing ameliorative regulation. To better understand existing regulatory models, their deficiencies, and how they should be reformed, the article employs an analytical model describing these regulatory systems across two axes. The vertical axis describes the quantity or depth of regulation, such as, for example, the strictness of the rules imposed by the regulatory model. The horizontal axis describes the reach of the regulation, the behaviors, products, or industries to which the regulation applies. (shrink)

The health care industry will be a large customer of big data while predictive analytics already underlie important health care and public health initiatives. Yet big data are not benign. For example, data brokers, the businesses that buy, process, and sell “big data” are performing an end-run around health data protection by creating data “proxies” outside of HIPAA-protected space. From 2012-14 various branches of the federal government published five major reports on privacy. All five were in favor of increased regulation (...) of data brokers. However, their recommendations for legislative or regulatory intervention were quite diverse. This essay describes the various proposals and offers a critical synthesis. (shrink)

Our discussion of the commentaries begins, at the evolutionary level, with issues raised by our account of the evolution of morality in terms of partner-choice mutualism. We then turn to the cognitive level and the characterization and workings of fairness. In a final section, we discuss the degree to which our fairness-based approach to morality extends to norms that are commonly considered moral even though they are distinct from fairness.

This article argues for a novel approach to the measurement of freedom of choice, on which the availability of an option is a matter of degree, rather than a bivalent matter of being either available or not. This approach is motivated by case studies involving weakness of will, where deficiencies in willpower seem to impair individual freedom by making certain alternatives much harder to pursue. This approach is perfectly general, however: its graded analysis of option availability can be extended to (...) cases where weakness of will is not involved and can be used to generalize numerous existing measures of freedom. (shrink)

I raise skeptical doubts about the prospects of Bayesian formal epistemology for providing an adequate general normative model of epistemic rationality. The notion of credence, I argue, embodies a very dubious psychological myth, viz., that for virtually any proposition p that one can entertain and understand, one has some quantitatively precise, 0-to-1 ratio-scale, doxastic attitude toward p. The concept of credence faces further serious problems as well—different ones depending on whether credence 1 is construed as full belief (the limit case (...) of so-called partial belief) or instead is construed as absolute certainty. I argue that the notion of an “ideal Bayesian reasoner” cannot serve as a normative ideal that actual human agents should seek to emulate as closely as they can, because different such reasoners who all have the same evidence as oneself—no single one them being uniquely psychologically most similar to oneself—will differ from one another in their credences (e.g., because they commence from different prior credences). I argue that epistemic probability, properly understood, is quantitative degree of evidential support relative to one’s evidence, and that principled epistemic probabilities arise only under quite special evidential circumstances—which means that epistemic probability is ill suited to figure centrally within general norms of human epistemic rationality. (shrink)

Interest in the computational aspects of modeling has been steadily growing in philosophy of science. This paper aims to advance the discussion by articulating the way in which modeling and computational errors are related and by explaining the significance of error management strategies for the rational reconstruction of scientific practice. To this end, we first characterize the role and nature of modeling error in relation to a recipe for model construction known as Euler’s recipe. We then describe a general model (...) that allows us to assess the quality of numerical solutions in terms of measures of computational errors that are completely interpretable in terms of modeling error. Finally, we emphasize that this type of error analysis involves forms of perturbation analysis that go beyond the basic model-theoretical and statistical/probabilistic tools typically used to characterize the scientific method; this demands that we revise and complement our reconstructive toolbox in a way that can affect our normative image of science. (shrink)

This paper compares two explanations of the process by which human communication systems evolve: iterated learning and social collaboration. It then reports an experiment testing the social collaboration account. Participants engaged in a graphical communication task either as a member of a community, where they interacted with seven different partners drawn from the same pool, or as a member of an isolated pair, where they interacted with the same partner across the same number of games. Participants’ horizontal, pair‐wise interactions led (...) “bottom up” to the creation of an effective and efficient shared sign system in the community condition. Furthermore, the community‐evolved sign systems were as effective and efficient as the local sign systems developed by isolated pairs. Finally, and as predicted by a social collaboration account, and not by an iterated learning account, interaction was critical to the creation of shared sign systems, with different isolated pairs establishing different local sign systems and different communities establishing different global sign systems. (shrink)

Metaethics, understood as a distinct branch of ethics, is often traced to G. E. Moore's 1903 classic, Principia Ethica. Whereas normative ethics is concerned to answer first order moral questions about what is good and bad, right and wrong, metaethics is concerned to answer second order non-moral questions about the semantics, metaphysics, and epistemology of moral thought and discourse. Moore has continued to exert a powerful influence, and the sixteen essays here represent the most up-to-date work in metaethics after, and (...) in some cases directly inspired by, the work of Moore. (shrink)

The claim that the observation of a violation of a Bell inequality leads to an alleged alternative between nonlocality and non-realism is annoying because of the vagueness of the second term.

In his 1958 seminal paper “Saints and Heroes”, J. O. Urmson argued that the then dominant tripartite deontic scheme of classifying actions as being exclusively either obligatory, or optional in the sense of being morally indifferent, or wrong, ought to be expanded to include the category of the supererogatory. Colloquially, this category includes actions that are “beyond the call of duty” (beyond what is obligatory) and hence actions that one has no duty or obligation to perform. But it is a (...) controversial category. Some have argued that the concept of supererogation is paradoxical because on one hand, supererogatory actions are (by definition) supposed to be morally good, indeed morally best, actions. But then if they are morally best, why aren't they morally required, contrary to the assumption that they are morally optional? In short: how can an action that is morally best to perform fail to be what one is morally required to do? The source of this alleged paradox has been dubbed the ‘good-ought tie-up’. In our article, we address this alleged paradox by first making a phenomenological case for the reality of instances of genuine supererogatory actions, and then, by reflecting on the relevant phenomenology, explaining why there is no genuine paradox. Our explanation appeals to the idea that moral reasons can play what we call amerit conferring role. The basic idea is that moral reasons that favor supererogatory actions function to confer merit on the actions they favor—they play a merit conferring role—and can do without also requiring the actions in question. Hence, supererogatory actions can be both good and morally meritorious to perform yet still be morally optional. Recognition of a merit conferring role unties the good-ought tie up, and (as we further argue) there are good reasons, independent of helping to resolve the alleged paradox, for recognizing this sort of role that moral reasons may play. (shrink)

An innovative literary analysis of Freud's "Wolf Man.".

According to rationalism regarding the psychology of moral judgment, people’s moral judgments are generally the result of a process of reasoning that relies on moral principles or rules. By contrast, intuitionist models of moral judgment hold that people generally come to have moral judgments about particular cases on the basis of gut-level, emotion-driven intuition, and do so without reliance on reasoning and hence without reliance on moral principles. In recent years the intuitionist model has been forcefully defended by Jonathan Haidt. (...) One important implication of Haidt’s model is that in giving reasons for their moral judgments people tend to confabulate – the reasons they give in attempting to explain their moral judgments are not really operative in producing those judgments. Moral reason-giving on Haidt’s view is generally a matter of post hoc confabulation. Against Haidt, we argue for a version of rationalism that we call ‘morphological rationalism.’ We label our version ‘morphological’ because according to it, the information contained in moral principles is embodied in the standing structure of a typical individual’s cognitive system, and this morphologically embodied information plays a causal role in the generation of particular moral judgments. The manner in which the principles play this role is via ‘proceduralization’ – such principles operate automatically. In contrast to Haidt’s intuitionism, then, our view does not imply that people’s moral reason-giving practices are matters of confabulation. In defense of our view, we appeal to what we call the ‘nonjarring’ character of the phenomenology of making moral judgments and of giving reasons for those judgments. (shrink)

Mindfulness-based interventions (MBIs) are being actively implemented in a wide range of fields – psychology, mind/body health care and education at all levels – and there is growing evidence of their effectiveness in aiding present-moment focus, fostering emotional stability, and enhancing general mind/body well-being. However, as often happens with popular innovations, the burgeoning interest in and appeal of mindfulness practice has led to a reductionism and commodification – popularly labelled ‘McMindfulness’ – of the underpinning principles and ethical foundations of such (...) practice which threatens to subvert and militate against the achievement of the original aims of MBIs in general and their educational function in particular. It is argued here that mindfulness practice needs to be organically connected to its spiritual roots if the educational benefits of such practice are to be fully realised. (shrink)

Achieving an ambitious goal frequently requires succeeding in a sequence of intermediate tasks, some being critical for the final outcome, and others not. However, individuals are not always able to provide a level of effort sufficient to guarantee success in all such intermediate tasks. The ability to manage effort throughout the sequence of tasks is, therefore, critical when resources are limited. In this paper, we propose a criterion of importance that is person- and context-specific, as it is based on how (...) an individual should optimally allocate a limited stock of exhaustible efforts over tasks. We test this importance criterion in a laboratory experiment that reproduces the main features of a tennis match. We show that our importance criterion is able to predict the individuals’ performance and it outperforms the Morris-importance criterion that defines the importance of a point in terms of its impact on the probability of achieving the final outcome. (shrink)

Our discussion of the commentaries begins, at the evolutionary level, with issues raised by our account of the evolution of morality in terms of partner-choice mutualism. We then turn to the cognitive level and the characterization and workings of fairness. In a final section, we discuss the degree to which our fairness-based approach to morality extends to norms that are commonly considered moral even though they are distinct from fairness.

In the literature on medical ethics, it is generally admitted that vulnerable persons or groups deserve special attention, care or protection. One can define vulnerable persons as those having a greater likelihood of being wronged – that is, of being denied adequate satisfaction of certain legitimate claims. The conjunction of these two points entails what we call the Special Protection Thesis. It asserts that persons with a greater likelihood of being denied adequate satisfaction of their legitimate claims deserve special attention, (...) care or protection. Such a thesis remains vague, however, as long as we do not know what legitimate claims are. This article aims at dispelling this vagueness by exploring what claims we have in relation to health care – thus fleshing out a claim-based conception of vulnerability. We argue that the Special Protection Thesis must be enriched as follows: If individual or group X has a greater likelihood of being denied adequate satisfaction of some of their legitimate claims to physical integrity, autonomy, freedom, social provision, impartial quality of government, social bases of self-respect or communal belonging, then X deserves special attention, care or protection. With this improved understanding of vulnerability, vulnerability talk in healthcare ethics can escape vagueness and serve as an adequate basis for practice. (shrink)

Interest in the Buddhist concept of mindfulness has burgeoned over the last few decades as a result of its application as a therapeutic strategy in mind-body medicine, psychotherapy, psychiatry, education, leadership and management, and a wide range of other theoretical and practical domains. Although many commentators welcome this extension of the range and application of mindfulness—drawing parallels between ancient contemplative traditions and modern secular interpretations—there has been very little analysis of either the philosophical underpinnings of this phenomenon or of its (...) implications for education. This article examines the new interpretations of mindfulness in the following areas—meaning and definition, ethical foundations and spiritual ethos—in an attempt to gain a clearer understanding of what is involved in the process of reconstructing the concept of mindfulness. In conclusion, some implications for learning and education are examined in the light of these recent re-interpretations of mindfulness principles and practices. A central thesis throughout is that—although there are many educational benefits of mindfulness in the areas of moral, affective and spiritual education—such potential gains require the maintenance of organic connections between contemporary practices and their foundations in secular Buddhism. (shrink)

Sometimes physicians lie to third-party payers in order to grant their patients treatment they would otherwise not receive. This strategy, commonly known as gaming the system, is generally condemned for three reasons. First, it may hurt the patient for the sake of whom gaming was intended. Second, it may hurt other patients. Third, it offends contractual and distributive justice. Hence, gaming is considered to be immoral behavior. This article is an attempt to show that, on the contrary, gaming may sometimes (...) be a physician's duty. Under specific circumstances, gaming may be necessary from the viewpoint of the internal morality of medicine. Moreover, the objections against gaming are examples of what we call the idealistic fallacy, that is, the fallacy of passing judgments in a nonideal world according to ideal standards. Hence, the objections are inconclusive. Gaming is sometimes justified, and may even be required in the name of beneficence. (shrink)

Causal compatibilism claims that even though physics is causally closed, and even though mental properties are multiply realizable and are not identical to physical causal properties, mental properties are causal properties nonetheless. This position asserts that there is genuine causation at multiple descriptive/ontological levels; physics-level causal claims are not really incompatible with mentalistic causal claims. I articulate and defend a version of causal compatibilism that incorporates three key contentions. First, causation crucially involves robust patterns of counterfactual dependence among properties.Second, often (...) several distinct such patterns, all subsuming a single phenomenon, exist at different descriptive/ontological levels (e.g., microphysical, neurobiological, macrobiological, and psychological). Third, the concept of causation is governed by an implicit contextual parameter that normally determines a specific descriptive/ontological level as the contextually relevant level, for the context-sensitive semantic evaluation of causal statements. (shrink)

The target article attempted to draw connections between broad swaths of evidence by noticing a common thread: Abstract, symbolic, compositional codes, that is, language-of-thoughts (LoTs). Commentators raised concerns about the evidence and offered fascinating extensions to areas we overlooked. Here we respond and highlight the many specific empirical questions to be answered in the next decade and beyond.

How should the metaphysical hypothesis of materialism be formulated? What strategies look promising for defending this hypothesis? How good are the prospects for its successful defense, especially in light of the infamous "hard problem" of phenomenal consciousness? I will say something about each of these questions.

I maintain, in defending “thirdism,” that Sleeping Beauty should do Bayesian updating after assigning the “preliminary probability” 1/4 to the statement S: “Today is Tuesday and the coin flip is heads.” (This preliminary probability obtains relative to a specific proper subset I of her available information.) Pust objects that her preliminary probability for S is really zero, because she could not be in an epistemic situation in which S is true. I reply that the impossibility of being in such an (...) epistemic situation is irrelevant, because relative to I, statement S nonetheless has degree of evidential support 1/4. (shrink)

Moral judgments are typically experienced as being categorically authoritative – i.e. as having a prescriptive force that is motivationally gripping independently of both conventional norms and one's pre-existing desires, and justificationally trumps both conventional norms and one's pre-existing desires. We argue that this key feature is best accommodated by the meta-ethical position we call ‘cognitivist expressivism’, which construes moral judgments as sui generis psychological states whose distinctive phenomenological character includes categorical authoritativeness. Traditional versions of expressivism cannot easily accommodate the justificationally (...) trumping aspect of categorical authoritativeness, because they construe moral judgments as fundamentally desire-like. Moral realism cannot easily accommodate the aspect of inherent motivational grip, because realism construes moral judgments as a species of factual belief. (shrink)

Are leaders morally special? Is there something ethically distinctive about the relationship between leaders and followers? Should leaders do whatever it takes to achieve group goals? Leadership Ethics uses moral theory, as well as empirical research in psychology, to evaluate the reasons everyday leaders give to justify breaking the rules. Written for people without a background in philosophy, it introduces readers to the moral theories that are relevant to leadership ethics: relativism, amoralism, egoism, virtue ethics, social contract theory, situation ethics, (...) communitarianism, and cosmopolitan theories such as utilitarianism and transformational leadership. Unlike many introductory texts, the book does more than simply acquaint readers with different approaches to leadership ethics. It defends the Kantian view that everyday leaders are not justified in breaking the moral rules. (shrink)

In Time Deposits, Dimension, and Fraud (2009), William Barnett and Walter Block argue that by borrowing short and lending long there is an over issuance of property rights. Their article, however, does not fully extend the consequences of their contribution. Once this is done, it becomes clearer that their argument suits a great impediment to banking, becoming a possible reason to support rather than to oppose fractional reserve banking. Bagus and Howden (J Bus Ethics 90(3):399–406, 2009) comment on Barnett and (...) Block (J Bus Ethics 88(4):711–716, 2009), the authors claim that while maintaining the illegitimacy of fractional reserve deposits, borrowing short and lending long it is actually not illegitimate. An extension on Bagus and Howden (2009) will show that their line of argumentation can be applied as a defense of fractional reserve banking as well. (shrink)

Within cognitive science, mental processing is often construed as computation over mental representations—i.e., as the manipulation and transformation of mental representations in accordance with rules of the kind expressible in the form of a computer program. This foundational approach has encountered a long-standing, persistently recalcitrant, problem often called the frame problem; it is sometimes called the relevance problem. In this paper we describe the frame problem and certain of its apparent morals concerning human cognition, and we argue that these morals (...) have significant import regarding both the nature of moral normativity and the human capacity for mastering moral normativity. The morals of the frame problem bode well, we argue, for the claim that moral normativity is not fully systematizable by exceptionless general principles, and for the correlative claim that such systematizability is not required in order for humans to master moral normativity. (shrink)

In Chapters 4 and 5 of his 1998 book From Metaphysics to Ethics: A Defence of Conceptual Analysis, Frank Jackson propounds and defends a form of moral realism that he calls both ‘moral functionalism’ and ‘analytical descriptivism’. Here we argue that this metaethical position, which we will henceforth call ‘analytical moral functionalism’, is untenable. We do so by applying a generic thought-experimental deconstructive recipe that we have used before against other views that posit moral properties and identify them with certain (...) natural properties, a recipe that we believe is applicable to virtually any metaphysically naturalist version of moral realism. The recipe deploys a scenario we call Moral Twin Earth. (shrink)

In Study 1, we examined the moderating impact of alexithymia (i.e., a difficulty identifying and describing feelings to other people and an externally oriented cognitive style) on the automatic processing of affective information. The affective priming paradigm was used, and lower priming effects for high alexithymia scorers were observed when congruent (incongruent) pairs involving nonverbal primes (angry face) and verbal target were presented. The results held after controlling for participants' negative affectivity. The same effects were replicated in Studies 2 and (...) 3, with trait anxiety and depression entered as additional covariates. In Study 3, no moderating impact of alexithymia was found for verbal-facial pairs suggesting that the results cannot be merely explained in terms of transcoding limitations for high alexithymia scorers. Overall, the present results suggest that alexithymia could be related to a difficulty in processing and automatically using high arousal emotional information to respond to concomittant behavioural demands. (shrink)

In his 2013 Theoria article, “Unreliable Intuitions: A New Reply to the Moral Twin-Earth Argument,” Jorn Sonderholm attempts to undermine our moral twin earth argument against Richard Boyd's moral semantics by debunking the semantic intuitions that are prompted by reflection on the thought experiment featured in the MTE argument. We divide our reply into three main sections. In section 1, we briefly review Boyd's moral semantics and our MTE argument against this view. In section 2, we set forth what we (...) take to be Sonderholm's master debunking argument, along with his proposed Boydian explanation of the semantic intuitions he seeks to debunk. Then in section 3, we mount our defence of the semantic intuitions under scrutiny, arguing on abductive grounds that, contrary to Sonderholm, the semantic intuitions generated by reflection on MTE scenarios are to be trusted in evaluating the plausibility of Boydian moral semantics. Section 4 is our summary and conclusion. (shrink)

La scénographie est le plus souvent considérée au théâtre dans sa dimension esthétique ou dans sa capacité à devenir un espace ludique. Or, à l’opéra, si ces deux dimensions restent importantes et se complexifient du fait des contraintes spécifiques du chant et des attentes du public, c’est la fonction dramaturgique qui passe au premier plan. La nécessité de donner le décor à l’avance pour qu’il soit construit dans les ateliers impose qu’il soit pensé avec la mise en scène, en même (...) temps qu’elle. Grâce à un exemple précis, nous montrerons comment le trio dramaturgie-scénographie et mise en scène fonctionne étroitement pour faire émerger le sens. C’est donc à cette voix dramaturgique du scénographe que nous nous intéresserons ici. (shrink)

El presente artículo intenta desarrollar los elementos de una concepción del conocimientoque resulte operativa para una versión epistémica de la democracia deliberativa.Se intenta superar algunas limitaciones de los modelos epistémico-deliberativosactuales y profundizar la relación entre conocimiento, deliberación y legitimidad.