No consensus yet exists on how to handle incidental fnd-ings in human subjects research. Yet empirical studies document IFs in a wide range of research studies, where IFs are fndings beyond the aims of the study that are of potential health or reproductive importance to the individual research participant. This paper reports recommendations of a two-year project group funded by NIH to study how to manage IFs in genetic and genomic research, as well as imaging research. We conclude that researchers (...) have an obligation to address the possibility of discovering IFs in their protocol and communications with the IRB, and in their consent forms and communications with research participants. Researchers should establish a pathway for handling IFs and communicate that to the IRB and research participants. We recommend a pathway and categorize IFs into those that must be disclosed to research participants, those that may be disclosed, and those that should not be disclosed. (shrink)

Genomic research results and incidental findings with health implications for a research participant are of potential interest not only to the participant, but also to the participant's family. Yet investigators lack guidance on return of results to relatives, including after the participant's death. In this paper, a national working group offers consensus analysis and recommendations, including an ethical framework to guide investigators in managing this challenging issue, before and after the participant's death.

Returning genomic research results to family members raises complex questions. Genomic research on life-limiting conditions such as cancer, and research involving storage and reanalysis of data and specimens long into the future, makes these questions pressing. This author group, funded by an NIH grant, published consensus recommendations presenting a framework. This follow-up paper offers concrete guidance and tools for implementation. The group collected and analyzed relevant documents and guidance, including tools from the Clinical Sequencing Exploratory Research Consortium. The authors then (...) negotiated a consensus toolkit of processes and documents. That toolkit offers sample consent and notification documents plus decision flow-charts to address return of results to family of living and deceased participants, in adult and pediatric research. Core concerns are eliciting participant preferences on sharing results with family and on choice of a representative to make decisions about sharing after participant death. (shrink)

CRISPR/Cas9 is quickly becoming one of the most influential biotechnologies of the last five years. Clinical trials will soon be underway to test whether CRISPR/Cas9 can edit away the genetic mutations that cause sickle cell disease (SCD). This article will present the background of CRISPR/Cas9 gene editing and SCD, highlighting research that supports the application of CRISPR/Cas9 to SCD. While much has been written on why SCD is a good biological candidate for CRISPR/Cas9, less has been written on the ethical (...) implications of including SCD in CRISPR/Cas9 research. This article will argue that there is a strong case in favor of including SCD. Three benefits are achieving distributive justice in research, continuing to repair the negative relationship between patients with SCD and the health‐care system, and benefit‐sharing for those who do not directly participate in CRISPR/Cas9 research. Opponents will argue that SCD is a risky candidate, that researchers will not find willing participants, and that the burden of SCD is low. Of this set of arguments, the first gives pause. However, on balance, the case in favor of including SCD in CRISPR/Cas9 research is stronger than the case against. Ultimately, this article will show that the historic and sociopolitical injustices that impede progress in treating and curing SCD can be alleviated through biotechnology. (shrink)

Womens Liberation and the Sublime is a passionate report on the state of feminist thinking and practice after the linguistic turn. A critical assessment of masculinist notions of the sublime in modern and postmodern accounts grounds the author's positive and constructive recuperation of sublime experience in a feminist voice.

Cass Sunstein and Martha Nussbaum bring together an all-star cast of contributors to explore the legal and political issues that underlie the campaign for animal rights and the opposition to it. Addressing ethical questions about ownership, protection against unjustified suffering, and the ability of animals to make their own choices free from human control, the authors offer numerous different perspectives on animal rights and animal welfare. They show that whatever one's ultimate conclusions, the relationship between human beings and nonhuman (...) animals is being fundamentally rethought. This book offers a state-of-the-art treatment of that rethinking. (shrink)

This book intervenes in contemporary debates about the threat posed to democratic life by political emergencies. Must emergency necessarily enhance and centralize top-down forms of sovereignty? Those who oppose executive branch enhancement often turn instead to law, insisting on the sovereignty of the rule of law or demanding that law rather than force be used to resolve conflicts with enemies. But are these the only options? Or are there more democratic ways to respond to invocations of emergency politics? Looking at (...) how emergencies in the past and present have shaped the development of democracy, Bonnie Honig argues that democracies must resist emergency's pull to focus on life's necessities because these tend to privatize and isolate citizens rather than bring us together on behalf of hopeful futures. Emphasizing the connections between mere life and more life, emergence and emergency, Honig argues that emergencies call us to attend anew to a neglected paradox of democratic politics: that we need good citizens with aspirational ideals to make good politics while we need good politics to infuse citizens with idealism.Honig takes a broad approach to emergency, considering immigration politics, new rights claims, contemporary food politics and the infrastructure of consumption, and the limits of law during the Red Scare of the early twentieth century. Taking its bearings from Moses Mendelssohn, Franz Rosenzweig, and other Jewish thinkers, this is a major contribution to modern thought about the challenges and risks of democratic orientation and action in response to emergency. (shrink)

The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political (...) Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people. (shrink)

The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political (...) Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people. (shrink)

This short discussion piece invites readers to consider two questions: What does “pluralism” mean in philosophy? and What should it mean? Brian Leiter’s assault on Linda Martin Alcoff and The Pluralist’s Guide to Philosophy is taken as an opportunity to reflect on several conceptions of philosophical pluralism: the “philosophical gourmet’s” conception, the “three white men” conception, and Scott Pratt’s epistemological pluralism. In each, there is a failure to come to terms with both history and power. What is at stake in (...) philosophy’s pluralism debates is the aspiration to judgment, in the Arendtian sense, among philosophy’s others—this aspiration is both unsettling to the discipline and important for its future. (shrink)

This book intervenes in contemporary debates about the threat posed to democratic life by political emergencies. Must emergency necessarily enhance and centralize top-down forms of sovereignty? Those who oppose executive branch enhancement often turn instead to law, insisting on the sovereignty of the rule of law or demanding that law rather than force be used to resolve conflicts with enemies. But are these the only options? Or are there more democratic ways to respond to invocations of emergency politics? Looking at (...) how emergencies in the past and present have shaped the development of democracy, Bonnie Honig argues that democracies must resist emergency's pull to focus on life's necessities because these tend to privatize and isolate citizens rather than bring us together on behalf of hopeful futures. Emphasizing the connections between mere life and more life, emergence and emergency, Honig argues that emergencies call us to attend anew to a neglected paradox of democratic politics: that we need good citizens with aspirational ideals to make good politics while we need good politics to infuse citizens with idealism.Honig takes a broad approach to emergency, considering immigration politics, new rights claims, contemporary food politics and the infrastructure of consumption, and the limits of law during the Red Scare of the early twentieth century. Taking its bearings from Moses Mendelssohn, Franz Rosenzweig, and other Jewish thinkers, this is a major contribution to modern thought about the challenges and risks of democratic orientation and action in response to emergency. (shrink)

This introductory article explains the theme of this book, which is about political theory. It evaluates the impact of literature that proved especially influential in framing debate through the last decades of the twentieth century and opening years of the twenty-first and examines the historical work on political thought. It describes the combination of concerns that runs through the work of John Rawls, Ronald Dworkin, and the liberal egalitarian tradition and identifies areas of debate that have proved particularly fruitful over (...) the last thirty years. It analyses political theory from a global perspective and discusses body politic. (shrink)

In Virtues of the Will, Bonnie Kent traces late thirteenth-century debates about the freedom of the will, moral weakness, and other issues that helped change the course of Western ethics. She argues that one cannot understand the controversies of the period or see Duns Scotus in perspective without paying due attention to his immediate predecessors: the influential secular master Henry of Ghent, Walter of Bruges, William de la Mare, Peter Olivi, and other Franciscans. Seemingly radical doctrines in Scotus often (...) turn out to be moderate in comparison to other near-contemporary views, and striking Scotistic innovations often turn out to be something approaching commonplaces of Franciscan thought. This study presents the controversies of the period less as a reaction by theologians against philosophy than as genuine philosophical debates about problems raised by Aristotle's thought. And it presents Scotus's teachings less as a break with tradition than as a reasonably natural response to issues debated by his predecessors. The overall aim is to recover part of a late thirteenth-century dialogue about the will and morality. By explaining in a clear, accessible style the sometimes complex issues debated during this period, Virtues of the Will helps readers understand not only the historical and doctrinal context but also the more enduring philosophical problems posed by Aristotle's teachings. (shrink)

In summary, the creation and maintenance of the Wistar Rats as standardized animals can be attributed to the breeding work of Helen Dean King, coupled with the management and husbandry methods of Milton Greenman and Louise Duhring, and with supporting documentation provided by Henry Donaldson. The widespread use of the Wistar Rats, however, is a function of the ingenuity of Milton Greenman who saw in them a way for a small institution to provide service to science. Greenman's rhetoric, as captured (...) in his Director's Reports, prepared annually from 1905 until his death in 1937, shows that he was unusually sensitive to his times and to the economics of science and of society. In the era when biology was being defined, he recognized in the rat the potential to be a living analog to the pure chemicals that legitimated experimental science. From management literature he extracted the ideals of uniformity of product, standards of quality, and efficiency of production, applying them to scientific practice to generate an animal model that thrives as standard equipment in laboratories throughout the world today.I will close with a quote from Frederick W. Taylor that is a cogent statement of the contribution to science and scientific progress made by standardized tools and their creators. Equating the surgeon and the workman, Taylor wrote: [He is given] the finest implements, each one of which has been the subject of special study and development ... [and] the very best knowledge of his predecessors; and, provided with standard implements and methods which represent the best knowledge of the world up to date, he is able to use his own originality and ingenuity to make real additions to the world's knowledge, instead of reinventing things which are old.Standardized tools, whether surgeons' implements or laboratory-bred rats, are one of the vehicles for carrying scientific knowledge forward from generation to generation. In this sense, Greenman's Wistar Rats have done their job, in his words, of “providing service to science.”. (shrink)

Oxford Handbooks of Political Science are the essential guide to the state of political science today. With engaging contributions from 51 major international scholars, the Oxford Handbook of Political Theory provides the key point of reference for anyone working in political theory and beyond.

In recent years many people have suggested that rights come from traditions. More particularly, many people interested in American constitutional law have said that constitutional rights should be developed with close reference to American traditions. In this essay, I mean to challenge these claims. I argue that the enterprise of defining rights, including constitutional rights, should not be founded on an inquiry into tradition. Traditions should be assessed, not replicated. I also try to unpack some of the complexities in the (...) idea that rights should be based on traditions. The topic is highly relevant to the debate over “communitarianism.” Manycommunitarians appear to be traditionalists, at least implicitly; they are concerned to defend social practices against abstract, acontextual claims about what is to be done, or about “rights.” It is important to ask why and when communitarians believethat a community's practices deserve insulation from rights–based claims. Often the best or most interesting answer has a Burkean dimension. It involves the extent to which a community—perhaps a local community resisting national efforts, perhaps a nation resisting international goals—owes its practices to long traditions that, precisely because of their longevity, might seem to make special sense. Ideas of this sort might be thought to have special strength when we think about rights in general or about constitutional rights in particular. (shrink)

In recent years, 'nudge units' or 'behavioral insights teams' have been created in the United States, the United Kingdom, Germany, and other nations. All over the world, public officials are using the behavioral sciences to protect the environment, promote employment and economic growth, reduce poverty, and increase national security. In this book, Cass R. Sunstein, the eminent legal scholar and best-selling co-author of Nudge, breaks new ground with a deep yet highly readable investigation into the ethical issues surrounding nudges, (...) choice architecture, and mandates, addressing such issues as welfare, autonomy, self-government, dignity, manipulation, and the constraints and responsibilities of an ethical state. Complementing the ethical discussion, The Ethics of Influence: Government in the Age of Behavioral Science contains a wealth of new data on people's attitudes towards a broad range of nudges, choice architecture, and mandates. (shrink)

Since America's founding, the U.S. Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and bestselling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute. Heroes are willing to invoke the Constitution to invalidate (...) state laws, federal legislation, and prior Court decisions. They loudly embrace first principles and are prone to flair, employing dramatic language to fundamentally reshape the law. Soldiers, on the other hand, are skeptical of judicial power, and typically defer to decisions made by the political branches. Minimalists favor small steps and only incremental change. They worry that bold reversals of long-established traditions may be counterproductive, producing a backlash that only leads to another reversal. Mutes would rather say nothing at all about the big constitutional issues, and instead tend to decide cases on narrow grounds or keep controversial cases out of the Court altogether by denying standing. As Sunstein shows, many of the most important constitutional debates are in fact contests between the four Personae. Whether the issue involves slavery, gender equality, same-sex marriage, executive power, surveillance, or freedom of speech, debates have turned on choices made among the four Personae--choices that derive as much from psychology as constitutional theory. Sunstein himself defends a form of minimalism, arguing that it is the best approach in a self-governing society of free people. More broadly, he casts a genuinely novel light on longstanding disputes over the proper way to interpret the constitution, demonstrating that behind virtually every decision and beneath all of the abstract theory lurk the four Personae. By emphasizing the centrality of character types, Sunstein forces us to rethink everything we know about how the Supreme Court works. (shrink)

This paper begins with a question: can concepts generated in the Chinese context in the sociocultural relations of the periphery contribute to the development of the social sciences in the field of Health and Physical Education (HPE) that have their roots in the metropole? Setting the scene in the Hong Kong Special Administrative Region (HKSAR), a postcolonial city reverted to the rule of the People’s Republic of China (PRC) in 1997, this paper aims to develop a critical sociology of HPE (...) by having a dialogue among Continental philosophies (e.g., Bourdieu) and Chinese philosophies around embodiment concepts. Although HKSAR is a complex meeting point of Eastern and Western ideologies, the current HPE field tends to focus on Western and ‘scientific’ ways of knowing, such as the measurement of health and physical fitness, and often at the expense of sociocultural perspectives, social justice and diversity and inclusion in HPE. In other words, the (post) positivistic research paradigm underpins the HPE field. This paper argues that in order to reap the benefits of a more holistic health education for academics and students in HPE, it is vital to de-imperialise the positivistic ways of teaching and being in HPE. In doing so, this paper creates a space for Bourdieu’s habitus to meet Chinese perspectives on embodiment to engage in a dialogue for knowledge production that extends the current knowledge base in HPE. (shrink)

As staggering inequality continues to be an urgent political topic, this book, illustrated with nearly seventy of Riis ’s photographs, will serve as a stunning reminder of what has changed, and what has not.

Cass Sunstein and Martha Nussbaum bring together an all-star cast of contributors to explore the legal and political issues that underlie the campaign for animal rights and the opposition to it. Addressing ethical questions about ownership, protection against unjustified suffering, and the ability of animals to make their own choices free from human control, the authors offer numerous different perspectives on animal rights and animal welfare. They show that whatever one's ultimate conclusions, the relationship between human beings and nonhuman (...) animals is being fundamentally rethought. This book offers a state-of-the-art treatment of that rethinking. (shrink)

Previous research demonstrates that implicitly learned probability information can guide visual attention. We examined whether the probability of an object changing can be implicitly learned and then used to improve change detection performance. In a series of six experiments, participants completed 120–130 training change detection trials. In four of the experiments the object that changed color was the same shape on every trial. Participants were not explicitly aware of this change probability manipulation and change detection performance was not improved for (...) the trained shape versus untrained shapes. In two of the experiments, the object that changed color was always in the same general location . Although participants were not explicitly aware of the change probability, implicit knowledge of it did improve change detection performance in the trained location. These results indicate that improved change detection performance through implicitly learned change probability occurs for location but not shape. (shrink)

This paper reads Sophocles' " Antigone " contextually, as an exploration of the politics of lamentation and larger conflicts these stand for. Antigone defies Creon's sovereign decree that her brother Polynices, who attacked the city with a foreign army and died in battle, be dishonoured - left unburied. But the play is not about Polynices' treason. It explores the clash in 5th century Athens between Homeric/elite and democratic mourning practices. The former memorialize the unique individuality of the dead, focus on (...) the family's loss and bereavement and call for vengeance. The latter memorialize the dead's contribution to the immortal polis and emphasize the replaceability of those lost. Each economy of mourning sees the other as excessive and politically unstable. The remainders of both, managed by way of exception institutions such as tragedy and the Dionysian Festival, continue to haunt us now. (shrink)

The purpose of One Heart is to illuminate the common sacred ground at the heart of seven faiths: Buddhism, Christianity, Confucianism, Hinduism, Islam, Judaism, and Taoism. Its method is to identify 65 essential principles, among them: Feel what other people feel; Don't harm others; Lead with virtue and concern for others; Be honest ; Practice what you preach; Be content; Don't let anger take over; Choose your companions wisely; Accept the existence of spiritual beings; Seek and you will find. Illustrating (...) each principle are one, two, or three quotations from a wide variety of texts sacred to each of the seven faiths—including the Old and New Testaments, the Talmud, the Mahabarata, the Tao Te Ching, the Bhagavad Gita, the Analects of Confucius, and many other sacred sources. In addition, each chapter also provides guidance on a spiritual theme or practice—prayer beads, a home altar, labyrinth walking—to enhance our understanding of these wise words and universal principles. (shrink)

Sophocles' Antigone is a touchstone in democratic, feminist and legal theory, and possibly the most commented upon play in the history of philosophy and political theory. Bonnie Honig's rereading of it therefore involves intervening in a host of literatures and unsettling many of their governing assumptions. Exploring the power of Antigone in a variety of political, cultural, and theoretical settings, Honig identifies the 'Antigone-effect' - which moves those who enlist Antigone for their politics from activism into lamentation. She argues (...) that Antigone's own lamentations can be seen not just as signs of dissidence but rather as markers of a rival world view with its own sovereignty and vitality. Honig argues that the play does not offer simply a model for resistance politics or 'equal dignity in death', but a more positive politics of counter-sovereignty and solidarity which emphasizes equality in life. (shrink)

Obtaining informed consent has typically become a stylized ritual of presenting and signing a form, in which physicians are acting defensively and patients lack control over the content and flow of information. This leaves patients at risk both for being under-informed relative to their decisional needs and of receiving more information than they need or desire. By personalizing the process of seeking and receiving information and allowing patients to specify their desire for information in a prospective manner, we aim to (...) shift genuine control over the informational process to patients. A new paradigm of Information on Demand, such as we suggest, would also enhance legal certainty, achieve greater congruence between the information patients want and the information they receive, and promote more meaningful patient-physician interactions, a desirable outcome that has been difficult to achieve by other means. (shrink)

In an explicit attempt to reduce physician paternalism and encourage patient participation in making health care decisions, the informed consent doctrine has become a foundational precept in medical ethics and health law. The underlying ethical principle on which informed consent rests — autonomy — embodies the idea that as rational moral agents, patients should be in command of decisions that relate to their bodies and lives. The corollary obligation of physicians to respect and facilitate patient autonomy is reflected in the (...) rules that have been created to implement consent procedures, especially those requiring disclosure of relevant information.However, there are many practical impediments to patient self-determination in health care decisionmaking. Well-meaning physicians often lack the time to live up to the ideal of facilitating genuine, informed deliberation with and by their patients, and many lack the motivation or skill to do so successfully. (shrink)

For multiple reasons, deliberating groups often converge on falsehood rather than truth. Individual errors may be amplified rather than cured. Group members may fall victim to a bad cascade, either informational or reputational. Deliberators may emphasize shared information at the expense of uniquely held information. Finally, group polarization may lead even rational people to unjustified extremism. By contrast, prediction markets often produce accurate results, because they create strong incentives for revelation of privately held knowledge and succeed in aggregating widely dispersed (...) information. The success of prediction markets offers a set of lessons for increasing the likelihood that groups can obtain the information that their members have. (shrink)

From the time of Augustine to the late thirteenth century, leading Christian thinkers agreed that freedom requires the ability to make good choices, but not the ability to make bad ones. If freedom required the ability to sin, they reasoned, neither God nor the angels nor the blessed in heaven could be free. This essay examines the work of Peter Olivi, the first medieval philosopher known to reject the asymmetrical conception of freedom. Olivi argues that the ability to sin is (...) essential to creaturely freedom and remains even in heaven. While Anselm is the nominal target of Olivi’s arguments on this topic, they form part of a wider critique directed even more at Aquinas and his followers. Olivi faults them for misunderstanding the nature of the created will and for failing to provide a foundation for a particular kind of moral responsibility: personal merit. (shrink)

Philosophers and intellectual historians generally recognize pragmatism as a philosophy of progress. For many commentators, pragmatism is tied to a notion of progress through its embrace of meliorism – a forward-looking philosophy that places hope in the future as a site of possibility and improvement. I complicate the progressive image of hope generally attributed to pragmatism by outlining an alternative account of meliorism in the work of William James. By focusing on the affectivity and temporality of James’s meliorism, I argue (...) that James offers a non-progressivist version of hope that is affectively tempered by melancholy and oriented temporally toward the present. (shrink)

In light of the recent emergence of predictive techniques in law enforcement to forecast crimes before they occur, this paper examines the temporal operation of power exercised by predictive policing algorithms. I argue that predictive policing exercises power through a paranoid style that constitutes a form of temporal governmentality. Temporality is especially pertinent to understanding what is ethically at stake in predictive policing as it is continuous with a historical racialized practice of organizing, managing, controlling, and stealing time. After first (...) clarifying the concept of temporal governmentality, I apply this lens to Chicago Police Department’s Strategic Subject List. This predictive algorithm operates, I argue, through a paranoid logic that aims to preempt future possibilities of crime on the basis of a criminal past codified in historical crime data. (shrink)

For multiple reasons, deliberating groups often converge on falsehood rather than truth. Individual errors may be amplified rather than cured. Group members may fall victim to a bad cascade, either informational or reputational. Deliberators may emphasize shared information at the expense of uniquely held information. Finally, group polarization may lead even rational people to unjustified extremism. By contrast, prediction markets often produce accurate results, because they create strong incentives for revelation of privately held knowledge and succeed in aggregating widely dispersed (...) information. The success of prediction markets offers a set of lessons for increasing the likelihood that groups can obtain the information that their members have. (shrink)

continent. 2.2 (2012): 64–65 Notes on Notes on Sound, July 18, 8:34pm Isaac Linder Paul de Man begins his landmark text, Allegories of Reading , with a cheeky epigraph from the philosopher Blaise Pascal. It reads, 'Quand on lit trop vite ou trop doucement on n’entend rien' (When you read too quickly or too slowly you hear nothing). The epigraph is cheeky because in the course of de Man's work he avoids elucidating at what speed one would one would be (...) able to properly hear the texts to which they are attending. For de Man the force of literary tropes—the way they seduce and structure their multiple readings—relies on the intimate proximity of figures and properties in the relational linkages of a text. Textual spatialization trumps and belies the importance of the tempo and temporality. Enter the "site"-specific text videos by the Korean-American writer and improvising musician, Bonnie Jones. In these works, unique to the venues that have solicited them, the time of writing is captured and stored in a complex digital apparatus in the first instance, along with all of the hesitations, repetitions, and sudden keystrokes attending its production. Speed is pro-scribed— written in advance—and the time (five minutes and sixteen seconds) of Notes on Sound is spatialized into an affective mesh that ensnares the viewer in a doppler effect created between the speed of writing and the speed of reading. We're caught in the tempo of Jones' decisions (that is, unless we fast forward, pause, or rewind the text; unless it freezes or takes too long to load). We find ourselves subvocalizing along to a deceptively simple prompt ("please now together count back from one hundred") as the phonetic units that comprise the video permute into polyphony and warp like the minimalist pixelations of a concrete poem into the grammar of the Notes (that is, unless we are reading along out loud). We are forced to feel our form of reading as it unfolds, in a manner arguably more proliferate and protocolized than would have been known in Pascal's time. Would he have been able to hear anything? With its understated use of syntax and short-circuiting Notes on Sound is without a soundtrack, but by no means silent: Meditation on counting, on the sound of counting, and what counts as sounding; on the way we count on sound as a pre-text for things to ring true, as they do in the famously less calculable arenas of, say, emotion and poetry. Notes on Sound is a record of these. If I become more emotional about this it is only because it forces us to hear her.  . (shrink)

This is a compelling if sober set of questions from America's foremost legal scholar."--Lawrence Lessig, Stanford University.