Adolescents present a puzzle. There are foundational unclarities about how they should be regarded as decision-makers. Although superficially adolescents may appear to have mature decisional capacity, their decision-making is in many ways unlike that of adults. Despite this seemingly obvious fact, a concern for the claims of autonomy has led to the development of the legal doctrine of the mature minor. This legal construct considers adolescents, as far as possible, as equivalent to adults for the purpose of medical decision-making. The (...) movement to support independent decision-making by adolescents through providing information to them and securing their consent apart from their parents is encouraged by those legal understandings that hold that unemancipated minors should generally be considered as possessing effective decisional capacity. Such legal structures, however, do not adequately take account of the wide variations in adolescent capacities, the immaturity of most adolescent decision-makers, or the important contributions made by parents to the development of their adolescents through parental partnering in the adolescent’s decision-making. The data available indicate that in general adolescents should be regarded as apprentice decision-makers who should make decisions in collaboration with their parents until at least the age of 18. Steps should not be taken pre-emptively to isolate adolescents from the guidance of their parents. As a general rule, what Piker has referred to as “collaborative paternalism” appears most likely both to protect adolescents from their own untoward choices, while also very importantly helping them with parental guidance to develop into mature decision-makers with the capacity to make medical choices on their own. (shrink)

Moral and legal notions engaged in clinical ethics should not only possess analytic clarity but a sound basis in empirical findings. The latter condition brings into question the expansion of the mature minor exception. The mature minor exception in the healthcare law of the United States has served to enable those under the legal age to consent to medical treatment. Although originally developed primarily for minors in emergency or quasi-emergency need for health care, it was expanded especially from the 1970s (...) in order to cover unemancipated minors older than 14 years. This expansion initially appeared plausible, given psychological data that showed the intellectual capacity of minors over 14 to recognize the causal connection between their choices and the consequences of their choices. However, subsequent psychological studies have shown that minors generally fail to have realistic affective and evaluative appreciations of the consequences of their decisions, because they tend to over-emphasize short-term benefits and underestimate long-term risks. Also, unlike most decisionmakers over 21, the decisions of minors are more often marked by the lack of adequate impulse control, all of which is reflected in the far higher involvement of adolescents in acts of violence, intentional injury, and serious automobile accidents. These effects are more evident in circumstances that elicit elevated affective responses. The advent of brain imaging has allowed the actual visualization of qualitative differences between how minors versus persons over the age of 21 generally assess risks and benefits and make decisions. In the case of most under the age of 21, subcortical systems fail adequately to be checked by the prefrontal systems that are involved in adult executive decisions. The neuroanatomical and psychological model developed by Casey, Jones, and Summerville offers an empirical insight into the qualitative differences in the neuroanatomical and neuropsychological bases of adolescent versus adult decision making. These and other data, as well as developing law bearing on the culpability of juvenile criminal offenders, argue for critically re-evaluating the expansion of the mature minor exception with regard to medical decision making, as well as in support of a rebuttable presumption in favor of treating minors as immature decisionmakers. The clinical ethics of adolescent medical decision making will need foundationally to be reconsidered. (shrink)

In this article I argue that justice often requires that candidates who are sufficiently qualified for jobs be hired via lottery on the basis that this is the best way to recognise each candidate's equal moral claim to access meaningful work. In reaching this conclusion I consider a variety of potential objections from the perspectives of the employer, of the most qualified candidate, and of third parties, but ultimately reject the idea that a person's status as the most qualified candidate (...) can explain why they ought to be appointed over other sufficiently qualified candidates. (shrink)

Thomas Aquinas was one of the greatest Western philosphers and one of the greatest theologians of the Christian church. In this book we at last have a modern, comprehensive presentation of the total thought of Aquinas. Books on Aquinas invariably deal with either his philosophy or his theology. But Aquinas himself made no arbitrary division between his philosophical and his theological thought, and this book allows readers to see him as a whole. It introduces the full range of Aquinas' thinking; (...) and it relates his thinking to writers both earlier and later than Aquinas himself. (shrink)

Brian Leftow offers a theist theory of necessity and possibility, and a new sort of argument for God's existence. He argues that necessities of logic and mathematics are determined by God's nature, but that it is events in God's mind - his imagination and choice - that account for necessary truths about concrete creatures.

The view that phenomenally conscious robots are on the horizon often rests on a certain philosophical view about consciousness, one we call “nomological behaviorism.” The view entails that, as a matter of nomological necessity, if a robot had exactly the same patterns of dispositions to peripheral behavior as a phenomenally conscious being, then the robot would be phenomenally conscious; indeed it would have all and only the states of phenomenal consciousness that the phenomenally conscious being in question has. We experimentally (...) investigate whether the folk think that certain (hypothetical) robots made of silicon and steel would have the same conscious states as certain familiar biological beings with the same patterns of dispositions to peripheral behavior as the robots. Our findings provide evidence that the folk largely reject the view that silicon-based robots would have the sensations that they, the folk, attribute to the biological beings in question. (shrink)

In this article I argue that we should understand some forms of hypocritical behaviour in terms of epistemic injustice; a type of injustice in which a person is wronged in their capacity as a knower. If each of us has an interest in knowing what morality requires of us, this can be undermined when hypocritical behaviour distorts our perception of the moral landscape by misrepresenting the demandingness of putative moral obligations. This suggests that a complete theory of the wrongness of (...) hypocrisy must account for hypocrisy as epistemic injustice. (shrink)

This book uses computer modeling to investigate trends in what is published in leading philosophy journals over the last century and a half. The notable trends include the rise of realism from a fringe view to the mainstream metaphysical outlook, the increase in specialization, and the increasing depth of integration between philosophy and physical sciences. It also contains a guide to how to do similar investigations, and discussions of the strengths and weaknesses of the approach.

This chapter explores a way in which visual processing may involve innate constraints and attempts to show how such processing overcomes one enduring challenge to nativism. In particular, many challenges to nativist theories in other areas of cognitive psychology have focused on the later development of such abilities, and have argued that such development is in conflict with innate origins. Innateness, in these contexts, is seen as antidevelopmental, associated instead with static processes and principles. In contrast, certain perceptual models demonstrate (...) how the very same mental processes can both be innately specified and yet develop richly in response to experience with the environment. This process is entirely unmysterious, as shown in certain formal theories of visual perception, including those that appeal to spontaneous endogenous stimulation and those based on Bayesian inference. (shrink)

There is currently little empirical information about attitudes towards cognitive enhancement - the use of pharmaceutical drugs to enhance normal brain functioning. It is claimed this behaviour most commonly occurs in students to aid studying. We undertook a qualitative assessment of attitudes towards cognitive enhancement by conducting 19 semi-structured interviews with Australian university students. Most students considered cognitive enhancement to be unacceptable, in part because they believed it to be unethical but there was a lack of consensus on whether it (...) was similar or different to steroid use in sport. There was support for awareness campaigns and monitoring of cognitive enhancement use of pharmaceutical drugs. An understanding of student attitudes towards cognitive enhancement is important in formulating future policy. (shrink)

Infallibilism leads to skepticism, and fallibilism is plagued by the threshold problem. Within this narrative, the pragmatic turn in epistemology has been marketed as a way for fallibilists to address the threshold problem. In contrast, pragmatic versions of infallibilism have been left unexplored. However, I propose that going pragmatic offers the infallibilist a way to address its main problem, the skeptical problem. Pragmatic infallibilism, however, is committed to a shifty view of epistemic certainty, where the strength of a subject’s epistemic (...) state can vary depending upon the practical context. Pragmatic views of epistemic strength are quite radical so the argumentative goal of my discussion is to argue for its plausibility, thereby arguing for the plausibility of pragmatic infallibilism. To do so, I discuss the role that the framing of decision problems and the construction of our deliberative attitudes have in our theories of rational choice. And I explore a way in which these necessary components of a normative theory of rationality can be used to motivate pragmatic views of evidential support. Finally, since the plausibility of our pragmatic account will depend upon the plausibility of a constructive account of rational choice, I conclude by comparing the adequacy of the constructive account with orthodox Bayesian and knowledge-based accounts. (shrink)

The popularity of direct-to-consumer genetic ancestry services has exploded over the past five years, with as many as 250 direct-to-consumer genetic ancestry testing companies currently operating and estimates that 1 in 5 Americans are customers of one or more of those companies. Marketing of genetic ancestry testing has consistently linked the results of DNA testing to a consumer’s racial and ethnic identity, and, because of that, can help consumers find out “who they really are.” We argue that the “biologization” of (...) race and ethnicity promoted in such marketing violates norms of marketing ethics. In particular, we show that this marketing technique violates a number of the core commitments and values of the American Marketing Association Statement of Ethics. (shrink)

This book examines John Locke as a theorist of migration, immigration, and the movement of peoples. It outlines the contours of the public discourse surrounding migration in the seventeenth century and situates Locke's in-depth involvement in these debates. The volume presents a variety of undercurrents in Locke's writing - his ideas on populationism, naturalization, colonization and the right to withdrawal, the plight of refugees, and territorial rights - which have great import in present-day debates about migration. Departing from the popular (...) extant literature that sees Locke advocating for a strong right to exclude foreigners, the author proposes a Lockean theory of immigration that recognizes the fundamental right to emigrate, thus, catering to an age wrought with terrorism, xenophobia and economic inequality. A unique and compelling contribution, the volume will be of great interest to scholars and researchers of political theory, political philosophy, history of international politics, international relations, international political economy, public policy, seventeenth century English history, migration and citizenship studies, and moral philosophy. (shrink)

The United Nations Convention on the Rights of the Child risks harm to adolescents insofar as it encourages not only poor decision making by adolescents but also parenting styles that will have an adverse impact on the development of mature decision-making capacities in them. The empirical psychological and neurophysiological data weigh against augmenting and expression of the rights of children. Indeed, the data suggest grounds for expanding parental authority, not limiting its scope. At the very least, any adequate appreciation of (...) the moral claims regarding the authority of parents with respect to the decision-making capacity of adolescents needs to be set within an understanding of the psychological and neurophysiological facts regarding the development of adolescent decision-making capacity. (shrink)

Pt. I. Zeno and the metaphysics of quantity. Zeno's paradox of measure -- Tractarian nominalism -- Logical atoms and combinatorial possibility -- Strict coherence, sigma coherence, and the metaphysics of quantity -- pt. II. Coherent degrees of belief. Higher-order degrees of belief -- A mistake in dynamic coherence arguments? -- Dynamic coherence and probability kinematics -- Updating, supposing, and MAXENT -- The structure of radical probabilism -- Diachronic coherence and radical probabilism -- pt. III. Induction. Carnapian inductive logic for Markov (...) chains -- Carnapian inductive logic and Bayesian statistics -- Bayesian projectability. (shrink)

Would God's existence be a good thing for us? According to anti-theism, the answer is No. Probably, many theists will want to reject anti-theism. But it isn’t obvious why. After all, whether p is good for us is logically independent from whether p is true. So anti-theism seems entirely compatible with theism. In this essay, however, I argue this seeming compatibility is mistaken. If anti-theism is true, then the theism of most practicing believers is false. And if I am right (...) about this, then anti-theism presents a serious challenge to traditional theistic belief, notably theistic belief anchored in the Bible. (shrink)

Ziran, an idea from ancient Daoism, defies easy translation into English but can almost be captured by the term "spontaneity." It means "self-causation," if "self" is understood as fundamentally plural, and "causation" is understood as sensitivity and responsiveness. Applying ziran to the fields of action theory, attention theory, and aesthetics, Brian Bruya uses easy-to-read, straightforward prose to show, step-by-step, how this philosophical concept from an ancient tradition can be used to advance theory today. Incorporated into contemporary philosophy of action, (...) ziran opens us to the notion of movement and action as self-organizing. Incorporated into contemporary cognitive science, ziran opens us to the possibility of effortless attention, contrary to the reigning paradigm. Incorporated into contemporary aesthetics, ziran opens us to a new category of art--somatic art--and a new, refined understanding of improvisation"-- Back cover. (shrink)

This commentary on Adam Pautz's excellent book, Perception, explores the consequences of “spatial illusionism,” the view that the spatial properties presented in experience aren't instantiated in the extra-mental world. First, I consider whether spatial illusionism entails that our ordinary beliefs about the physical world are mostly false. I then argue that spatial illusionism threatens to undermine two arguments Pautz's defends in Perception: his argument that sense data theory is incompatible with physicalism, and his central argument against the internal physical state (...) view of perception. (shrink)

We review the various factors that limit adaptation by natural selection. Recent discussion of constraints on selection and, conversely, of the factors that enhance “evolvability”, have concentrated on the kinds of variation that can be produced. Here, we emphasise that adaptation depends on how the various evolutionary processes shape variation in populations. We survey the limits that population genetics places on adaptive evolution, and discuss the relationship between disparate literatures. BioEssays 22:1075–1084, 2000. © 2000 John Wiley & Sons, Inc.

The Senate filibuster is among the most criticized political institutions in the United States. This paper examines the ethics of filibustering. The way filibustering currently proceeds in the Senate, I argue, is morally indefensible. Yet, there is a way filibustering could proceed that is both defensible and desirable from a normative perspective. This is because filibustering—if it is properly institutionalized—allows minority parties in the legislature to protect and advance their interests in a manner that avoids shortcomings faced by other institutions (...) proposed to accomplish these goals, such as supermajority rule and judicial review. (shrink)

This introduction to legal theory provides a broad overview of the main topics and theories and covers the central issues. Written in a straightforward style, the author conveys academically challenging and often controversial ideas in a lucid manner.

Pareto principles are at the core of ethics and decision theory. The Strong Pareto principle says that if one thing is better than another for someone and at least as good for everyone else, then the one is overall better than the other. But a host of famous figures express it differently, with ‘not worse’ in place of ‘at least as good.’ In the presence of parity (or incommensurability), this results in a strictly stronger Pareto principle, which I call Super‐Strong (...) Pareto. Super‐Strong Pareto, however, yields cyclic betterness and is therefore false. I point out a number of influential arguments—concerning population ethics, collective action problems, and decision‐making in the face of parity and uncertainty—that crucially rely on Super‐Strong Pareto and are therefore unsound. I then turn to the most influential argument against the possibility of parity—Broome's collapsing argument—and argue that it likewise relies on Super‐Strong Pareto reasoning and is therefore question‐begging. Finally, I turn to the much‐neglected question of how to justify Strong Pareto. The answer I arrive at, which emphasizes tie‐breaking, yields a striking insight, namely that Super‐Strong Pareto amounts to the denial of insensitivity to mild sweetening. That is what makes it problematic in the presence of parity. (shrink)

This chapter provides a general overview of the issues surrounding so-called semantic monsters. In section 1, I outline the basics of Kaplan’s framework and spell out how and why the topic of “monsters” arises within that framework. In Section 2, I distinguish four notions of a monster that are discussed in the literature, and show why, although they can pull apart in different frameworks or with different assumptions, they all coincide within Kaplan’s framework. In Section 3, I discuss one notion (...) that has spun off into the linguistics literature, namely “indexical shift”. In Section 4, I emphasize the connection between monsters and the compositionality of asserted content in Kaplan’s original discussion. Section 5 discusses monsters and the more general idea of re-interpretation or meaning-shift. Section 6 closes with a brief survey of where monsters may dwell, and pointers to avenues for future research. (shrink)

This book examines a basic problem in critical approaches to political and social inquiry: in what way is social inquiry animated by a practical intent? This practical intent is not external to inquiry as an add-on or a choice by the inquirer, but is inherent to the process of inquiry. The practical intent in inquiry derives from the connection between social inquiry and the participant's perspective. The social inquirer, in order to grasp the sense of those who are the subject (...) of inquiry, has to adopt the perspective of the participant in the social world. Caterino opposes the view that research is an autonomous activity distinct from or superior to a participant's perspective. He argues that since the inquirer is on the same level as the participant, all inquiry should be considered mutual critique in which those who are addressed by inquiry have an equal right and an equal capacity to criticize addressors. Brian Caterino is an independent researcher who works in public media. He is the co-editor of Making Political Science Matter (2006) with Sanford Schram and has published in a variety of journals. His most recent article "Lowering the Basement Floor" appeared in New Political Science. (shrink)

This book extends philosophy's engagement with the double beyond hierarchized binary oppositions. Brian Seitz explores the double as a necessary ontological condition or figure that gets represented, enacted, and performed repeatedly and in a myriad of configurations. Seitz suggests that the double in all of its forms is simultaneously philosophy's shadow, its nemesis, and the condition of its possibility. This book expands definitions and investigations of the double beyond the confines of philosophy, suggesting that the concept is at work (...) in many other fields including politics, cultural narratives, literature, mythology, and psychology. Seitz approaches the double by means of a series of case studies and by engaging loosely in eidetic variation, a methodological maneuver borrowed from phenomenology. The book explores the ways in which wide-ranging instances of the double are connected by the dynamics of intersubjectivity. (shrink)

Abstract In this paper, I pursue an interpretive goal and a critical goal. My interpretive goal is to offer a clear restatement of Nagel's argument for a requirement of altruism (as found in The Possibility of Altruism). My critical goal is to explain why this argument is unsuccessful, and to make a case for the thesis that any argument of its kind must fail.

Our aim here is to lay the groundwork for formal tree-ring analysis combining data from dendrochronology with formal techniques from semantics. We will present the basic syntax of, and basic compositional semantics of tree-ring structures.