In this article, I consider the possibilities and limitations for testimonial justice in an international criminal courtroom. I begin by exploring the relationship between epistemology and criminal law, and consider how testimony contributes to the goals of truth and justice. I then assess the susceptibility of international criminal courts to the two harms of testimonial injustice: epistemic harm to the speaker, and harm to the truth-seeking process. I conclude that international criminal courtrooms are particularly susceptible to perpetrating testimonial injustice. Hearers (...) in the international criminal courtroom should practice testimonial justice, but the institution is not structured in a way that can prevent every instance of testimonial injustice. (shrink)

Shannon Fyfe ABSTRACT: In this article, I consider the possibilities and limitations for testimonial justice in an international criminal courtroom. I begin by exploring the relationship between epistemology and criminal law, and consider how testimony contributes to the goals of truth and justice. I then assess the susceptibility of international criminal courts to the two...

In the last two decades there has been a meteoric rise of international criminal tribunals and courts and also a strengthening chorus of critics against them. Today it is hard to find strong defenders of international criminal tribunals and courts. This book attempts such a defense against an array of critics. It offers a nuanced defense, accepting many criticisms but arguing that the idea of international criminal tribunals can be defended as providing the fairest way to deal with mass atrocity (...) crimes in a global arena. Fairness and moral legitimacy will be at the heart of this defense. The authors take up the economic and political arguments that have been powerfully expressed, as well as arguments about sovereignty, punishment, responsibility, and evidence; but in the end they show that these arguments do not defeat the idea of international criminal courts and tribunals. (shrink)

Can Covid-19 vaccines be used off-label? Should they be? These were questions on the minds of parents, pediatricians, and the media when the FDA fully approved the Pfizer-BioNTech Covid-19 vaccine for people aged 16 and up. Yet the American Academy of Pediatrics cautioned against pediatric off-label use of the vaccine, and the CDC Covid-19 Vaccine Provider Agreement appears to prohibit it. After briefly contextualizing ethical and legal precedents regarding off-label use, we offer an analysis of the ethical permissibility of and (...) considerations for pediatric off-label Covid-19 vaccination based on individual benefits, risks, and available alternatives. Our analysis challenges the ethics of a blanket prohibition on off-label pediatric Covid-19 vaccination, as it limits clinician ability to provide care they may determine to be clinically and ethically appropriate. At the same time, our analysis acknowledges that Covid-19 creates population-level ethical considerations that are at times in tension with individual health interests. (shrink)

Volume 20, Issue 8, August 2020, Page 76-78.

When soldiers come home from war, some experience lingering emotional effects from the choices they were forced to make, and the outcomes of these choices. In this article, we consider the gap between objective assessments of blame and subjective assessments of self-blame, guilt, and shame after war, and we suggest a way of understanding how soldiers can understand their moral responsibility from both of these vantage points. We examine arguments from just war theory regarding the objective moral responsibility of combatants (...) and consider the role moral luck plays in our assessment of moral responsibility. We then use P.F. Strawson’s account of the reactive attitudes to demonstrate the limitations of focusing excessively on the objective stance to determine the blameworthiness of soldiers. We argue that we should think about blame alongside moral emotions like guilt and shame, which will allow us to better understand subjective blame and the experiences of soldiers who blame themselves after war. We claim that objective determinations of heroism or responsibility do not adequately capture the complexity of moral emotions for soldiers returning home after war. As part of a shared moral community, civilians owe veterans more than automated responses based on the civilian experience. (shrink)

In this article, I argue that we need a better understanding of the theoretical underpinnings of the current debates in international law surrounding hate speech and inchoate crimes. I construct a theoretical basis for speech acts as incitement to genocide, distinguishing these speech acts from speech as genocide and speech denying genocide by integrating international law with concepts drawn from speech act theory and moral philosophy. I use the case drawn on by many commentators in this area of international criminal (...) law, the trial of media executives for the roles they played in the Rwandan genocide through public speech acts by media entities insulting an ethnic group or advocating violence against an ethnic group. Each of these men were institutional leaders and were charged with using their positions within Rwandan society to distribute what I call genocidal hate speech, genocidal incitement speech, and genocidal participation speech. I argue for a distinction between these three types of speech, and a difference in individual criminal liability for the dissemination of each type of speech. I also argue that there should be a difference in individual criminal liability for speech acts within the context of an ongoing or recent genocide, and speech acts that can be separated from a site of mass violence. (shrink)

In ‘The Complex Case of Ellie Anderson’, Joona Rasanen and Anna Smajdor raise several ethical questions about the case. One question asks, but does not answer, whether Ellie faced discrimination for being transgender when her mother was not allowed access to Ellie’s sperm following her death. In raising the question, the authors imply anti-trans bias may have influenced this determination. However, this inference is not supported by current ethical and legal guidance for posthumous use of gametes, with which Ellie’s case (...) is consistent. We consider the authors’ responses to their other ethical queries, and how their suggestions for what options might have been available to Ellie and her family are instructive for addressing attempts in the USA and UK to restrict minors’ access to gender-affirming medical treatment, including puberty-blocking therapy. (shrink)

This is a penultimate draft of a paper that will appear in Handbook of Imagination, Amy Kind (ed.). Routledge Press. Please cite only the final printed version.

This chapter offers a plea for the media to reframe its coverage of campus controversies from free expression to academic freedom. These freedoms are entwined, but distinct. Freedom of expression is extended to all persons with no expectation of quality control, apart from legal prohibitions against defamation, threats, etc. By contrast, academic freedom is a cluster of freedoms afforded to scholarly personnel for a particular purpose – namely, the pursuit of universities’ academic mission to seek truth and advance understanding in (...) the service of society. An academic freedom framing better reflects the distinctive social purpose around which universities are organized, as well as universities’ duty of care to employees and students. While universities have a legal and moral duty of care to all employees and students, the unjust, exclusionary past and present of higher education arguably makes that duty particularly acute in the case of equity-deserving (e.g., racialized, Indigenous, disabled or 2SLGBTQ+) people. Finally, academic freedom framing for campus media stories is less monolithic than free expression framing, allowing for a more nuanced understanding of campus controversies while keeping universities accountable to the public they serve. In this chapter, I survey three very different campus controversies at a single Canadian university, and the media response each received. I show how an academic freedom frame for those stories would have produced better reportage while reducing opportunities for bad actors to manipulate both universities and the media. At the end of the day, the real crisis at universities isn’t the cancellation of ill-judged events that were never a part of the academic mission; it is the ongoing erosion of academic freedom. (shrink)

Is the thought of John Duns Scotus relevant for the 21st century? Dr. Thomas A. Shannon discovers areas of congruence and insight between several contemporary issues and the work of the 13th century Franciscan in this new edition of his work, The Ethical Theory of John Duns Scotus.

_An account of Hegel's political insights and their contemporary relevance._.

Psychologists have long noted the correlation between empathy and pro-social outcomes. Empathetic people are happier, healthier, more cooperative, and more altruistic than people who are less empathetic. However, empathy is not a panacea for all social ills. Critics argue that empathy is idiosyncratic, easily manipulated, biased in favour of one’s in-group, and exacerbates rather than relieving underlying inequalities. The praise and critique of empathy raise an interesting question: can we improve empathy? It depends on what kind of capacity empathy is. (...) The author argues that empathy comprises both skills and habits. Both skills and habits can be improved, though the process for improvement is quite different for each. The author argues that theoretical and empirical considerations support the idea that we can improve both the skills and habits that underlie empathy. If this is right, it shows that it is possible to harness the positive outcomes of empathy while avoiding some of its darker sides. (shrink)

Critics of empathy argue that empathy is exhausting, easily manipulated, exacerbates rather than relieves conflict, and is too focused on individual experiences. Apparently, empathy not only fails to stop negative acts like sadism, bullying, and terrorism, it motivates and promotes such acts. These scholars argue that empathy will not save us from partisanship and division. In fact, it might make us worse off. I will argue that empathy exhibits bias in the ways critics describe because empathy is motivated. Conceiving of (...) empathy as motivated leads to surprising conclusions about our tools for moral decision‐making. (shrink)

Empathy is many things to many people. Depending on who you ask, it is feeling what another person feels, feeling bad for another person’s suffering, understanding what another person feels, imagining yourself in another person’s situation and figuring out what you would feel, or your brain activating as if you were experiencing the emotion another person is experiencing. These are just some of the various notions of empathy that are at play in philosophy, cognitive science, neuroscience, developmental psychology, and primatology. (...) In this chapter, we will not stipulate a definition of empathy per se. Instead, we will review the development of empathy and purported mechanisms of empathy, which will allow us to tease apart various dimensions of empathy related concepts. Understanding the various dimensions of empathy provides context for some recent critiques of empathy as a moral compass and suggests several directions for future fruitful scientific and philosophical work on empathy. (shrink)

Mentalizing is our ability to infer agents’ mental states. Attributing beliefs, knowledge, desires, and intentions are frequently discussed forms of mentalizing. Attributing mentalistically loaded stereotypes, personality traits, and evaluating others’ rationality are forms of mentalizing, as well. This broad conception of mentalizing has interesting and important implications for social epistemology. Several topics in social epistemology involve judgments about others’ knowledge, rationality, and competence, e.g., peer disagreement, epistemic injustice, and identifying experts. Mentalizing is at the core of each of these debates. (...) In this chapter, I describe the broad conception of mentalizing and show how it is central to how we judge others’ knowledge, competence, and rationality. I will apply this perspective on mentalizing to two debates: the epistemology of peer disagreement and interventions on testimonial injustice. I argue that understanding how mentalizing works can help us see these debates in a different light. Such reframing can help us make progress on these challenging debates. (shrink)

New technologies from artificial intelligence to drones, and biomedical enhancement make the future of the human family increasingly hard to predict and protect. This book explores how the philosophical tradition of virtue ethics can help us to cultivate the moral wisdom we need to live wisely and well with emerging technologies.

Drawing from a variety of Hegel’s writings, Shannon Hoff articulates a theory of justice that requires answering simultaneously to three irreducibly different demands: those of community, universality, and individuality. The domains of “ethicality,” “legality,” and “morality” correspond to these essential dimensions of human experience, and a political system that fails to give adequate recognition to any one of these will become oppressive. The commitment to legality emphasized in modern and contemporary political life, Hoff argues, systematically precludes adequate recognition of (...) the formative cultural contexts that Hegel identifies under the name of “ethical life” and of singular experiences of moral duty, or conscience. Countering the perception of Hegel as a conservative political thinker and engaging broadly with contemporary work in liberalism, critical theory, and feminism, Hoff focuses on these themes of ethicality and conscience to consider how modern liberal politics must be transformed if it is to accommodate these essential dimensions of human life. (shrink)

This chapter contains sections titled: Generic Argument for Traditional Utilitarianism Mill's Proof of Utilitarianism (Straightforward Interpretation) Mill's Proof of Utilitarianism (One Alternative Interpretation) Mill's Proof of Utilitarianism (Another Alternative Interpretation).

The 2017 codetection of electromagnetic radiation and gravitational waves was the first of its kind and marked the beginning of multimessenger astronomy. But this event has been treated within recent literature as something of an end as well. The 2017 detection is often regarded as an instance of falsification for all theories of modified gravity which postulate gravitational waves propagate along separate geodesics from electromagnetic radiation, perhaps most notably Jacob Bekenstein’s Tensor-Vector-Scalar gravity. I critically examine this explicit endorsement of falsification (...) by astronomers and astrophysicists. While the current state of multimetric modified gravity theories is dim, recent developments in multimessenger observation do not offer a deductive falsification. Rather such evidence should be regarded as a corroboration of the null hypothesis, following Deborah Mayo's error-statistical account. (shrink)

According to embodied cognition, the philosophical and empirical literature on theory of mind is misguided. Embodied cognition rejects the idea that social cognition requires theory of mind. It regards the intramural debate between the Theory Theory and the Simulation Theory as irrelevant, and it dismisses the empirical studies on theory of mind as ill conceived and misleading. Embodied cognition provides a novel deflationary account of social cognition that does not depend on theory of mind. In this chapter, l describe embodied (...) cognition’s alternative to theory of mind and discuss three challenges it faces. (shrink)

How are sex and gender related? Are they the same thing? What exactly is gender? How many genders are there? What is the science on all of this? Is gender a product of nature, nurture, or both? This book introduces readers to fundamental questions about sex and gender categories as they’ve been considered across the centuries and through a wide array of disciplines and perspectives. From the Bible to Darwin, from Enlightenment thinkers to contemporary trans philosophers, _Beyond the Binary_ offers (...) an accessible survey of the wide range of views about sex and gender. This revised and expanded edition uses updated terminology and diagnostic criteria and offers new material with a greater focus on trans, Indigenous, racialized, and subaltern thinkers. It includes useful discussion questions and further reading recommendations at the end of each chapter, as well as an extensive glossary of terms. (shrink)

This paper explores the ambiguous impact of new information and communications technologies on the cultivation of moral skills in human beings. Just as twentieth century advances in machine automation resulted in the economic devaluation of practical knowledge and skillsets historically cultivated by machinists, artisans, and other highly trained workers , while also driving the cultivation of new skills in a variety of engineering and white collar occupations, ICTs are also recognized as potential causes of a complex pattern of economic deskilling, (...) reskilling, and upskilling. In this paper, I adapt the conceptual apparatus of sociological debates over economic deskilling to illuminate a different potential for technological deskilling/upskilling, namely the ability of ICTs to contribute to the moral deskilling of human users, a potential that exists alongside rich but currently underrealized possibilities for moral reskilling and/or upskilling. I flesh out this general hypothesis by means of examples involving automated weapons technology, new media practices, and social robotics. I conclude that since moral skills are essential prerequisites for the effective development of practical wisdom and virtuous character, and since market and cultural forces are not presently aligned to bring about the more salutary of the ambiguous potentials presented here, the future shape of these developments warrants our close attention—and perhaps active intervention. (shrink)

This essay explores Adorno's neglected writings on democracy in the United States, composed in English and directed toward an American audience, to illuminate a democratic theory and practice oriented around the concepts of “democratic leadership,” “democratic pedagogy,” and “democratic enlightenment.” Bridging disciplinary divides, this essay brings the lens of artistic modernism to bear on Adorno's writings on democracy in America to illuminate the distinctive contributions of a political theory that might only appear partial and preliminary when analyzed through the lens (...) of conventional politics. Adorno's understanding of “democratic enlightenment” resonates with the modernist concept of epiphany and represents a translation of artistic modernism to the political realm. Reworking traditional readings of Adorno's politics and his relationship with the United States, this essay reads him as a democratic modernist whose lessons on the meaningful practice of democracy still speak powerfully and practically to Americans today. (shrink)

Richly researched, the book explores how creativity has been invoked in arenas as varied as Enlightenment debates over the nature of the cognition, Victorian-era intelligence research, the Cold War technology race, contemporary education, and even modern electoral politics. Along the way, the book turns to a set of art works from mobile steampunk sculptures to bicentennial adaptations of Frankenstein to a musical about the US Presidential election that ask how our ideas about creativity are bound up with those of self-fulfillment, (...) responsibility, and the individual, and how these might seduce us into joining a worldview and even a set of social imperatives that we might otherwise find troubling. The Creativity Complex traces the history of how creativity has come to mean the things it now does, and explores the ethical implications of how we use this term today for both the arts and for the social world more broadly. (shrink)

In the early twenty-first century, we stand on the threshold of welcoming robots into domains of human activity that will expand their presence in our lives dramatically. One provocative new frontier in robotics, motivated by a convergence of demographic, economic, cultural, and institutional pressures, is the development of “carebots”—robots intended to assist or replace human caregivers in the practice of caring for vulnerable persons such as the elderly, young, sick, or disabled. I argue here that existing philosophical reflections on the (...) ethical implications of carebots neglect a critical dimension of the issue: namely, the potential moral value of caregiving practices for caregivers. This value, I argue, gives rise to considerations that must be weighed alongside consideration of the likely impact of carebots on care recipients. Focusing on the goods internal to caring practices, I then examine the potential impact of carebots on caregivers by means of three complementary ethical approaches: virtue ethics, care ethics, and the capabilities approach. Each of these, I argue, sheds new light on the contexts in which carebots might deprive potential caregivers of important moral goods central to caring practices, as well as those contexts in which carebots might help caregivers sustain or even enrich those practices, and their attendant goods. (shrink)

This paper argues in favor of more widespread and systematic applications of a virtue-based normative framework to questions about the ethical impact of information technologies, and social networking technologies in particular. The first stage of the argument identifies several distinctive features of virtue ethics that make it uniquely suited to the domain of IT ethics, while remaining complementary to other normative approaches. I also note its potential to reconcile a number of significant methodological conflicts and debates in the existing literature, (...) including tensions between phenomenological and constructivist perspectives. Finally, I claim that a virtue-based perspective is needed to correct for a strong utilitarian bias in the research methodologies of existing empirical studies on the social and ethical impact of IT. The second part of the paper offers an abbreviated demonstration of the merits of virtue ethics by showing how it might usefully illuminate the moral dimension of emerging social networking technologies. I focus here on the potential impact of such technologies on three virtues typically honed in communicative practices: patience, honesty and empathy. (shrink)

The widespread and growing use of new social media, especially social networking sites such as Facebook and Twitter, invites sustained ethical reflection on emerging forms of online friendship. Social scientists and psychologists are gathering a wealth of empirical data on these trends, yet philosophical analysis of their ethical implications remains comparatively impoverished. In particular, there have been few attempts to explore how traditional ethical theories might be brought to bear upon these developments, or what insights they might offer, if any. (...) In attempting to address this lacuna in applied ethical research, this paper investigates the ethical significance of online friendship by means of an Aristotelian theory of the good life, which holds that human flourishing is chiefly realized through ‘complete’ friendships of virtue. Here, four key dimensions of ‘virtue friendship’ are examined in relation to online social media : reciprocity, empathy, self-knowledge and the shared life. Online social media support and strengthen friendship in ways that mirror these four dimensions, particularly when used to supplement rather than substitute for face-to-face interactions. However, deeper reflection on the meaning of the shared life for Aristotle raises important and troubling questions about the capacity of online social media to support complete friendships of virtue in the contemporary world, along with significant concerns about the enduring relevance of this Aristotelian ideal for the good life in the 21st century. (shrink)

In our everyday social interactions, we try to make sense of what people are thinking, why they act as they do, and what they are likely to do next. This process is called mindreading. Mindreading, Shannon Spaulding argues in this book, is central to our ability to understand and interact with others. Philosophers and cognitive scientists have converged on the idea that mindreading involves theorizing about and simulating others’ mental states. She argues that this view of mindreading is limiting (...) and outdated. Most contemporary views of mindreading vastly underrepresent the diversity and complexity of mindreading. She articulates a new theory of mindreading that takes into account cutting edge philosophical and empirical research on in-group/out-group dynamics, social biases, and how our goals and the situational context influence how we interpret others’ behavior. -/- Spaulding's resulting theory of mindreading provides a more accurate, comprehensive, and perhaps pessimistic view of our abilities to understand others, with important epistemological and ethical implications. Deciding who is trustworthy, knowledgeable, and competent are epistemically and ethically fraught judgments: her new theory of mindreading sheds light on how these judgments are made and the conditions under which they are unreliable. -/- This book will be of great interest to students of philosophy of psychology, philosophy of mind, applied epistemology, cognitive science and moral psychology, as well as those interested in conceptual issues in psychology. (shrink)