In this paper, we discuss several problems with current Big data practices which, we claim, seriously erode the role of informed consent as it pertains to the use of personal information. To illustrate these problems, we consider how the notion of informed consent has been understood and operationalised in the ethical regulation of biomedical research (and medical practices, more broadly) and compare this with current Big data practices. We do so by first discussing three types of problems that can impede (...) informed consent with respect to Big data use. First, we discuss the transparency (or explanation) problem. Second, we discuss the re-repurposed data problem. Third, we discuss the meaningful alternatives problem. In the final section of the paper, we suggest some solutions to these problems. In particular, we propose that the use of personal data for commercial and administrative objectives could be subject to a ‘soft governance’ ethical regulation, akin to the way that all projects involving human participants (e.g., social science projects, human medical data and tissue use) are regulated in Australia through the Human Research Ethics Committees (HRECs). We also consider alternatives to the standard consent forms, and privacy policies, that could make use of some of the latest research focussed on the usability of pictorial legal contracts. (shrink)

In the past few years, the subject of AI rights—the thesis that AIs, robots, and other artefacts (hereafter, simply ‘AIs’) ought to be included in the sphere of moral concern—has started to receive serious attention from scholars. In this paper, I argue that the AI rights research program is beset by an epistemic problem that threatens to impede its progress—namely, a lack of a solution to the ‘Hard Problem’ of consciousness: the problem of explaining why certain brain states give rise (...) to experience. To motivate this claim, I consider three ways in which to ground AI rights—namely: superintelligence, empathy, and a capacity for consciousness. I argue that appeals to superintelligence and empathy are problematic, and that consciousness should be our central focus, as in the case of animal rights. However, I also argue that AI rights is disanalogous from animal rights in an important respect: animal rights can proceed without a solution to the ‘Hard Problem’ of consciousness. Not so with AI rights, I argue. There we cannot make the same kinds of assumptions that we do about animal consciousness, since we still do not understand why brain states give rise to conscious mental states in humans. (shrink)

Naive observers viewed a sequence of colored Mondrian patterns, simulated on a color monitor. Each pattern was presented twice in succession, first under one daylight illuminant with a correlated color temperature of either 16,000 or 4,000 K and then under the other, to test for color constancy. The observers compared the central square of the pattern across illuminants, either rating it for sameness of material appearance or sameness of hue and saturation or judging an objective property—that is, whether its change (...) of color originated from a change in material or only from a change in illumination. Average color constancy indices were high for material appearance ratings and binary judgments of origin and low for hue–saturation ratings. Individuals’ performance varied, but judgments of material and of hue and saturation remained demarcated. Observers seem able to separate phenomenal percepts from their ontological projections of mental appearance onto physical phenomena; thus, even when a chromatic change alters perceived hue and saturation, observers can reliably infer the cause, the constancy of the underlying surface spectral reflectance. (shrink)

The appeal to expert opinion is an argument form that uses the verdict of an expert to support a position or hypothesis. A previous scheme-based treatment of the argument form is formalized within a Bayesian network that is able to capture the critical aspects of the argument form, including the central considerations of the expert's expertise and trustworthiness. We propose this as an appropriate normative framework for the argument form, enabling the development and testing of quantitative predictions as to how (...) people evaluate this argument, suggesting that such an approach might be beneficial to argumentation research generally. We subsequently present two experiments as an example of the potential for future research in this vein, demonstrating that participants' quantitative ratings of the convincingness of a proposition that has been supported with an appeal to expert opinion were broadly consistent with the predictions of the Bayesian model. (shrink)

According to the Transparency Method, one can know whether one believes that P by attending to a question about the world—namely, ‘Is P true?’ On this view, one can know, for instance, whether one believes that Socrates was a Greek philosopher by attending to the question ‘Was Socrates a Greek philosopher?’ While many think that TM can account for the self-knowledge we can have of such a belief—and belief in general—fewer think that TM can be generalised to account for the (...) self-knowledge we can have of other propositional attitudes, such as our desires, intentions, wishes and so on. Call this the Generality Problem. In the present paper, I contrast my own attempt to solve the Generality Problem with several recent ones. I argue that in order to extend TM beyond belief, we must look to the concepts underpinning each kind of mental state. Doing so, I argue, reveals a series of outward-directed questions that can be attended to, in order to know what one desires, intends, wishes and so on. Call this the conceptual approach to extending TM. I support the conceptual approach in the present paper by showing how it generates Moore-Paradoxical sentences that are analogous to the case of belief. (shrink)

Theorists treat liberty as a great equalizer. We can’t easily distribute equal welfare, but we can purport to distribute equal liberty. In fact, however, nothing about “equal liberty” is meaningfully equal. To demonstrate, I turn not to familiar cases of distributing positive goods but to the distribution of a negative good, namely carceral punishment. Many theorists believe we should impose proportional punishment by depriving offenders of liberty in proportion to their blameworthiness. In this manner, equally blameworthy offenders are said to (...) receive equal punishment when incarcerated for the same period of time. Equal periods of incarceration do not yield equal punishments, however, because liberty cannot serve as the great equalizer theorists hope for. Pretending it can prevents us from justifying the full harms of punishment or leads to such counterintuitive results that it makes proportional punishment an unattractive goal. (shrink)

Adam Graves presents a new framework for understanding the importance of the concept of revelation in the development of phenomenology while also charting a path towards a more fruitful understanding of the relationship between reason and revelation, one that is rooted in a deeper appreciation of the complexities of our linguistic inheritance.

This paper focuses on the self-knowledge of emotions. I first argue that several of the leading theories of self-knowledge, including thetransparency method(see, e.g., Byrne 2018) andneo-expressivism(see, e.g., Bar-On 2004), have difficulties explaining how we authoritatively know our own emotions (even though they may plausibly account for sensation, belief, intention, and desire). I next consider Barrett’s (2017a) empirically informedtheory of constructed emotion. While I agree with her that we ‘give meaning to [our] present sensations’ (2017a, p.26), I disagree with her that (...) we construct our emotions, as this has some unwelcome implications. I then draw upon recent data from the science of emotions literature to advance a view I call partial first-person authority. According to this view, first-person authority with respect to our emotions is only partial: we can introspect and authoritatively know our own sensations, and beliefs, in ways others cannot; but we still need to interpret those sensations and beliefs, to know our emotions. Finally, I consider self-interpretational accounts of self-knowledge by Carruthers (2011) and Cassam (2014). I argue that while these accounts are implausible when applied to beliefs, desires, and intentions, they are more plausible when applied to our emotions. (shrink)

Typologies like Ian Barbour's have been widely used—and critiqued—in religion-and-science. Several alternatives have been proposed by, for example, John Haught, Willem Drees, Mikael Stenmark, and Shoaib Ahmed Malik. However, there has been a surprising deficit in discussion of what we wish typologies to do in religion and science in the first place. In this article, I provide a general analysis of typologies in religion-and-science by (1) providing a classification of existing typologies as conclusion- or concept-oriented; (2) showing that typologies are (...) used, or expected to be used, as first-order categorizations of how religion and science are related and as second-order classifications of scholars/scholarly works; (3) discussing several aims which we might want typologies to achieve in their second-order usage; and (4) presenting a new kind of typology focused on the methods used by scholars which achieves those aims in a unique way. (shrink)

This article aims to contextualize a short Qurʾānic passage – Q 30:2‒5 – with reference to Jewish and Christian materials that have not hitherto been deployed for this purpose. The article builds on the findings of recent scholarship, which reads this passage eschatologically rather than historically, and argues that there are, in fact, two texts that require contextualization: 1) The Qurʾānic verses themselves (which refer only to the fate of “the Romans”); and 2) The early exegetical traditions on these verses (...) (which often add “the Persians” to the eschatological drama). Furthermore, it is argued that the Biblical book of Daniel, and its interpretation in late antiquity, contributed both to the verses themselves and to their exegesis. (shrink)

Research necessarily entails the close interrelation of concepts and arguments, including solutions to a range of meta-questions, whether acknowledged explicitly or not. Despite this, few detailed accounts currently exist that support researchers to develop their complex conceptual architectures, especially in critical realist spheres. Indeed, many published accounts often omit much of this ‘messiness’ that sits behind, yet is foundational to, research projects. Those accounts that do seek to portray how/why researchers have made decisions (e.g. about connections between research philosophy, methodology, (...) methods, theory and empirical evidence) tend to focus on one set of meta-questions, or occasionally on the relationships between two sets, at a time. Therefore, this paper presents a flexible framework – supported by specific examples from studies – that we hope will be useful in supporting researchers from all traditions, but especially critical realists, to carefully think through and develop more holistic connections in their conceptual architecture. (shrink)

The law inevitably draws lines. These lines distinguish, for example, whether certain conduct reflects ordinary recklessness constituting manslaughter or more extreme recklessness constituting murder. There is no way to meaningfully draw such lines, however, absent shared ways of representing amounts of recklessness or at least knowledge of the consequences of drawing lines in particular places. Yet legal actors frequently draw lines in the dark, establishing cutoffs along a spectrum with little or none of the information required to do so in (...) a way that suits the law’s goals. For example, jurors must decide whether some conduct constitutes extreme recklessness without knowing prior precedent nor the sentencing consequences of drawing cutoffs in particular places. Judges and lawyers cite line drawing precedents from other jurisdictions without considering whether the lines drawn in prior cases had the same consequences as those in the case at bar. And scholars argue about how to classify conduct without making clear what consequences they believe ought to attach once the classification is made, leaving it hard to tell when scholars have substantive or simply superficial disagreements. In this Article, I discuss some line drawing problems and briefly suggest ways we can add meaning to cutoffs. More generally, I argue, we can “smooth” certain features of the law to both reduce our vulnerability to line drawing in the dark and improve the fit between the law and what our best theories of law recommend. Even when we cannot easily smooth the law, thinking about the law in a smoother fashion can help reduce the jurisprudential pathologies I describe. (shrink)

This paper contributes to a debate that has arisen in the recent self-knowledge literature between agentialists and empiricists. According to agentialists, in order for one to know what one believes, desires, and intends, rational agency needs to be exercised in centrally significant cases. Empiricists disagree: while they acknowledge the importance of rationality in general, they maintain that when it comes to self- knowledge, empirical justification, or warrant, is always sufficient. In what follows, I defend agentialism. I argue that if we (...) could only come to know our judgement-sensitive attitudes in the way described by empiricism, then we would be self-estranged from them when we acquire knowledge of them. We would relate to our own attitudes as if we were watching the movies of our inner lives unfold. Given that this is not the position we typically inhabit, with respect to our judgement-sensitive attitudes, I conclude that empiricism fails. This is the self-estrangement argument against empiricism. I then consider a response that Brie Gertler, an empiricist, offers to the objection that empiricism fatally portrays us ‘mere observers of a passing cognitive show’ (2016, p. 1). I argue that her response is unsuccessful. Hence, we should endorse agentialism. (shrink)

This article contributes to work on temporality in education. Challenging the future-oriented focus in contemporary education, the authors question how ideas and assumptions regarding the future—centred on the Child—can set narrow boundaries around children in schools. In carrying out this task, we employ the work of Lee Edelman and John Dewey to examine the educational ramifications of the focus on the future, which we call ‘educational futurism’. The argument seeks specifically to explore how educational futurism imposes limits on educational discourse (...) and privileges a certain future—making it unthinkable to imagine ways outside of such a privileged future. Juxtaposing Lee Edelman and John Dewey, we draw out connections and disconnections between their disparate philosophies, illustrating the ways in which educational futurism ignores or overlooks the lived experiences of children. We conclude by briefly noting the queerness of children and the impact of such queerness on broadening discussions of the future of children and their educations. (shrink)

The pessimistic arguments May challenges depend on an anti-Kantian philosophical assumption. That assumption is that what I call philosophical optimists about moral reason are also committed to empirical optimism, or what May calls “optimistic rationalism.” I place May's book in the literature by explaining how that assumption is resisted by Christine Korsgaard, one of May's examples of a contemporary Kantian.

In the current paper, the author offers a philosophically informed history of the present to address the evolving intersections of gender identity and sexuality within the K-12 student body. The author returns to the case of Lawrence/Leticia/Latisha King, a murdered middle schooler, to unpack the evolving frames that have been developed since King’s murder in 2008. To do this, the author addresses the ways King’s name and clothing choices were used to frame King’s life and death in diverse ways at (...) school. Schools, of course, are a space and time where youth come into presence and where decades of research have documented the less than ideal climate of schools for LGBTQ + students. King’s school experiences represent a challenge to the typical narrative of victimization that often frames LGBTQ + issues in education. The author argues engaging King’s life contributes to the need to address the everyday agentive practices of youth, particularly queer youth of color, in educational scholarship. As the author argues, King’s school experiences represent a challenge to the frame of victimization providing a key inflection point for understanding twenty-first century students. (shrink)

The book prescribes a way to educate ourselves and our young people how to disagree well and lays out a framework for flourishing together in society despite our radical differences.

This book explores how Modernist movements all across the Mediterranean basin differed from those of other regions. The chapters show how the political and economic turmoil of a period marked by world war, revolution, decolonization, nationalism, and the rapid advance of new technologies compelled artists, writers, and other intellectuals to create a new hybrid Mediterranean Modernist aesthetic which sought to balance the tensions between local and foreign, tradition and innovation, and colonial and postcolonial.

Bermúdez describes the extensionality principle as being “almost unquestioned.” This claim might come as a surprise to philosophers who work on agency and ethics. In Kantian deontological ethics and in Platonic or Aristotelian virtue ethics, our preferences for outcomes can be rationally affected by how those outcomes are framed in terms of maxims and character traits.

Purpose Medical students receive a varying amount of training in medical ethics and are expected to navigate clinical ethical dilemmas innately. There is little literature on attempts to navigate ethical dilemmas experienced during early clinical experiences and whether current curricula prepare students for these dilemmas. This study explores the different ethical dilemmas experienced by medical students on their third-year clerkships and analyzes the factors, sources, and resolutions proposed by them.Methods From 2016 to 2018, third-year medical students completed a written assignment (...) to describe, analyze, and reflect on a clinical situation in which they experienced an ethical dilemma. They identified specific ethical dilemmas present, potential preventative and aftermath solutions, and reflected on their professional development from their experience. The research team utilized applied thematic analysis to identify themes and patterns in the data. A thematic matrix was utilized to examine similarities and differences across medical students.Results Of the 162 reflections, 144 (88.9%) students indicated an ethical dilemma that included issues related to autonomy and beneficence. Of these, 116 (71.6%) students found the two ethical principles in direct conflict. Students identified three common sources of this conflict: lack of communication; unclear understanding of clinical policies regarding family authority and psychiatric capacity; and medical negligence. Lastly, students suggested different solutions for dealing with and preventing this conflict.Conclusion Our findings suggest that an overwhelming number of students face ethical challenges when confronted with medical situations that raise conflicts between autonomy and beneficence. Their recommended solutions reveal an appeal among students to have tools and strategies in place to ease the need to make difficult decisions. Medical students might be better served by learning about the complexities of ethical decision-making and the likelihood of experiencing moral distress when they feel an inability to implement what they envision as the best solution. (shrink)

There are many philosophical questions surrounding the notion of lying. Is it ever morally acceptable to lie? Can we acquire knowledge from people who might be lying to us? More fundamental, however, is the question of what, exactly, constitutes the concept of lying. According to one traditional definition, lying requires intending to deceive (Augustine. (1952). Lying (M. Muldowney, Trans.). In R. Deferrari (Ed.), Treatises on various subjects (pp. 53?120). New York, NY: Catholic University of America). More recently, Thomas Carson (2006. (...) The definition of lying. Nous, 40, 284?306) has suggested that lying requires warranting the truth of what you do not believe. This paper examines these two prominent definitions and some cases that seem to pose problems for them. Importantly, theorists working on this topic fundamentally disagree about whether these problem cases are genuine instances of lying and, thus, serve as counterexamples to the definitions on offer. To settle these disputes, we elicited judgments about the proposed counterexamples from ordinary language users unfettered by theoretical bias. The data suggest that everyday speakers of English count bald-faced lies and proviso lies as lies. Thus, we claim that a new definition is needed to capture common usage. Finally, we offer some suggestions for further research on this topic and about the moral implications of our investigation into the concept of lying. (shrink)

An epistemic account of the circumstances of justice allows one to make three important claims about the Humean and Rawlsian ‘standard account’ of those circumstances. First, and contrary to Hume, the possibility and necessity of justice are rooted not in limited beneficence or confined generosity, but in the epistemic insight that the knowledge relevant to deciding what to do with the fruits of social cooperation is for a variety of reasons uncentralisable. Second, and regardless of whether Rawlsian ethical disagreement is (...) more persuasive as a circumstance of justice than Humean confined generosity, it does not explain the possibility and necessity of justice, for the uncentralisability of social knowledge would be decisive even under conditions of unanimity. Finally, the epistemic account not only shows what the circumstances of justice are but, contra Cohen’s critique of the standard account, also provides at least some guidance as to what justice itself may be. (shrink)

Bayesian probability has recently been proposed as a normative theory of argumentation. In this article, we provide a Bayesian formalisation of the ad Hitlerum argument, as a special case of the ad hominem argument. Across three experiments, we demonstrate that people's evaluation of the argument is sensitive to probabilistic factors deemed relevant on a Bayesian formalisation. Moreover, we provide the first parameter-free quantitative evidence in favour of the Bayesian approach to argumentation. Quantitative Bayesian prescriptions were derived from participants' stated subjective (...) probabilities (Experiments 1 and 2), as well as from frequency information explicitly provided in the experiment (Experiment 3). Participants' stated evaluations of the convincingness of the argument were well matched to these prescriptions. (shrink)

Possible measures to mitigate climate change require global collective actions whose impacts will be felt by many, if not all. Implementing such actions requires successful communication of the reasons for them, and hence the underlying climate science, to a degree that far exceeds typical scientific issues which do not require large-scale societal response. Empirical studies have identified factors, such as the perceived level of consensus in scientific opinion and the perceived reliability of scientists, that can limit people's trust in science (...) communicators and their subsequent acceptance of climate change claims. Little consideration has been given, however, to recent formal results within philosophy concerning the relationship between truth, the reliability of evidence sources, the coherence of multiple pieces of evidence/testimonies, and the impact of independence between sources of evidence. This study draws on these results to evaluate exactly what has been established in the empirical literature about the factors that bias the public's reception of scientific communications about climate change. (shrink)

Criminal law theorists overwhelmingly agree that for some conduct to constitute punishment, it must be imposed intentionally. Some retributivists have argued that because punishment consists only of intentional inflictions, theories of punishment can ignore the merely foreseen hardships of prison, such as the mental and emotional distress inmates experience. Though such distress is foreseen, it is not intended, and so it is technically not punishment. In this essay, I explain why theories of punishment must pay close attention to the unintentional (...) burdens of punishment. In two very important contexts — punishment measurement and justification — we use the term “punishment” to capture not only intentional harsh treatment but certain unintentional harsh treatment as well. This means that the widely accepted view that punishment is an intentional infliction requires substantial caveats. It also means that any purported justification of punishment that addresses only the intentional infliction of punishment is woefully incomplete. -/- [This paper has been published under a Creative Commons Attribution-NonCommercial-ShareAlike license.]. (shrink)

The degrees of formality into which speech can be graded are in no sphere more obvious than in expressions of address and third-person reference. Methods of naming vary according to many factors: the formality of the circumstances in which naming takes place, the nature of the subject under discussion, and the ages, sex, and relative status of the speaker and addressee. Conventions of naming sometimes reflect the rigidity or otherwise of social divisions. In some societies or circles address between superior (...) and subordinate is non-reciprocal: the speaker with the greater prestige will adopt one form of address, the subordinate another. In other societies when unequals address each other both may use the same formal method of address: the difference of prestige is not explicitly acknowledged. (shrink)

We like to think we own our memories: if technology someday enables us to alter our memories, we should have certain rights to do so. But our freedom of memory has limits. Some memories are simply too valuable to society to allow individuals the unfettered right to change them. Suppose a patient regains consciousness in the middle of surgery. While traumatized by the experience and incapable of speaking, he coincidentally overhears two surgeons make plans to set fire to the hospital. (...) Assuming there is no way to erase his traumatic memories of intraoperative awareness and still prosecute the surgeons, a patient may well have a moral duty to retain the memories for the greater good. And if the patient has such a moral duty, I argue in this brief comment, then the state plausibly has the right to limit our abilities to erase memories when necessary to protect public safety or prosecute offenders. (shrink)

In their recent paper, Kurt Gray and Daniel Wegner offer a model of moral cognition, the “Moral Typecasting” thesis, in which they claim that perceptions of moral agency are inversely related to perceptions of moral patiency. Once we see someone as a moral agent, they claim, we cannot see them as a moral patient (and vice versa). In this paper, I want both to challenge the conception of morality on which the typecasting thesis is fundamentally based and to raise some (...) concerns with the data offered in favor of moral typecasting. I first argue that the dyadic definition of morality is far too narrow to fully capture either all of morality or all of moral psychology. Further, even setting aside the problems with the dyadic notion of morality, I argue that the experimental data Gray and Wegner appeal to fail to demonstrate the sort of mutual exclusivity of and causal interaction between moral perceptions that the moral typecasting thesis proposes. Rather, I suggest, the perceptual differences that do show up in the cited studies arguably arise not from a psychological tendency towards moral typecasting, but from confounding features of the characters in the stimuli. (shrink)