This paper argues that epistemic errors rooted in group- or identity- based biases, especially those pertaining to disability, are undertheorized in the literature on medical error. After sketching dominant taxonomies of medical error, we turn to the field of social epistemology to understand the role that epistemic schemas play in contributing to medical errors that disproportionately affect patients from marginalized social groups. We examine the effects of this unequal distribution through a detailed case study of ableism. There are four primary (...) mechanisms through which the epistemic schema of ableism distorts communication between nondisabled physicians and disabled patients: testimonial injustice, epistemic overconfidence, epistemic erasure, and epistemic derailing. Measures against epistemic injustices in general and against schema-based medical errors in particular are ultimately issues of justice that must be better addressed at all levels of health care practice. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

A spellbinding look at the philosophical and moral implications of animal dreaming Are humans the only dreamers on Earth? What goes on in the minds of animals when they sleep? When Animals Dream brings together behavioral and neuroscientific research on animal sleep with philosophical theories of dreaming. It shows that dreams provide an invaluable window into the cognitive and emotional lives of nonhuman animals, giving us access to a seemingly inaccessible realm of animal experience. David Peña-Guzmán uncovers evidence of animal (...) dreaming throughout the scientific literature, suggesting that many animals run “reality simulations” while asleep, with a dream-ego moving through a dynamic and coherent dreamscape. He builds a convincing case for animals as conscious beings and examines the thorny scientific, philosophical, and ethical questions it raises. Once we accept that animals dream, we incur a host of moral obligations and have no choice but to rethink our views about who animals are and the interior lives they lead. A mesmerizing journey into the otherworldly domain of nonhuman consciousness, When Animals Dream carries profound implications for contemporary debates about animal cognition, animal ethics, and animal rights, challenging us to regard animals as beings who matter, and for whom things matter. (shrink)

This article reflects upon the state of the philosophical profession vis‐à‐vis a close reading of the hoax perpetrated against the International Journal of Badiou Studies in 2016. This hoax is not a subversive act of disciplinary criticism (as the hoaxers contend). Rather, it is a poorly disguised attempt to enforce a partisan and myopic conception of philosophy and to delegitimize an entire subfield of philosophical production—namely, continental philosophy. The hoax is symptomatic of a deeper problem that plagues the profession today: (...) the willingness exhibited by many philosophers to police the boundaries of the discipline by engaging in what we call “acts of force.” The prevalence of acts of force demonstrates that professional philosophy is shaped not only by the giving and taking of reasons but also by shopworn disciplinary tribalisms (for example, continental versus analytic) and asymmetrical power relations involving agents with unequal amounts of social, professional, and philosophical capital. (shrink)

Many people believe that only humans have the cognitive and behavioral capacities needed for suicidal behavior, such as reflexive subjectivity, free will, intentionality, or awareness of death. Three counterarguments — based on (i) negative emotions and psychopathologies among nonhuman animals, (ii) the nature of self-destructive behavior, and (iii) the problem of model fidelity in suicide research — suggest that self-destructive and self-injurious behaviors among human and nonhuman animals vary along a continuum.

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. We reject arbitrary distinctions that deny adequate protections to other animals who share with protected humans relevantly similar vulnerabilities to harms and relevantly similar interests in avoiding such harms. We strongly urge this Court, in keeping with the best philosophical standards of rational judgment and ethical standards of justice, to recognize that, as a nonhuman person, Happy should be (...) released from her current confinement and transferred to an appropriate elephant sanctuary, pursuant to habeas corpus. (shrink)

The authors adopt a critico-sociological methodology to investigate the current state of the philosophical profession. According to them, the question concerning the status of philosophy cannot be answered from within the precinct of philosophical reason alone, since philosophy—understood primarily as a profession—is marked by a constitutive type of self-ignorance that prevents it from reflecting upon its own sociological conditions of actuality. This ignorance, which is both cause and effect of the organization and investment of philosophical desire, causes philosophers to lose (...) themselves in an ideological myth ”) according to which philosophers are unaffected by the material conditions in which they exist. This myth prevents philosophers from noticing the extent to which their activity is influenced by extra-philosophical determinants that shape, empirically, who becomes a professional philosopher and who doesn't. This article explores the relationship between philosophy's “idea” and its “imago” as a way of shedding light on some of the mechanisms that make philosophy inhospitable for so many women, people of color, and economic minorities. (shrink)

This article highlights the mathematical structure of Henri Bergson’s method. While Bergson has been historically interpreted as an anti-scientific and irrationalist philosopher, he modeled his philosophical methodology on the infinitesimal calculus developed by Leibniz and Newton in the seventeenth century. His philosophy, then, rests on the science of number, at least from a methodological standpoint. By looking at how he conscripted key mathematical concepts into his philosophy, this article invites us to re-imagine Bergson’s place in the history of Western philosophy.

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s personhood.

Curiously, while the efficacy of the arts for the development of multicultural understandings has long been theorized, empirical studies of this effect have been lacking. This essay recounts our combined empirical and philosophical study of this issue. We explicate the philosophical considerations that shaped the development of the arts course we studied, which was grounded in rather traditional humanist educational thought, informed by Deweyan considerations for pedagogy and multiculturalism. We also provide an overview of the course and of the study (...) design: the ways in which the course worked to teach aesthetic theory through a combination of popular and canonical works, and the ways in which it sought to instill a sense of cross-cultural appreciation and solidarity among students through the inclusion of art from different cultures and generations. We then share our research findings and our return to the realm of philosophy to interpret them. Our postcolonial analysis incorporates emerging discussions of the arts as a tool for resistance and dialogue within the system of public education, and revisit and reconsider the very concept of education for pluralistic democracy. This approach problematizes traditional conceptions of pluralism, in which an attempt is made to dissolve difference in a common understanding, and instead advocates that works from among the contemporary popular arts and works drawn from the artistic “canon” alike must be considered and employed for their instrumental value to the educational process—especially for their ability to prompt an intersubjectivity that is accompanied by a heightened awareness of difference. (shrink)

This article investigates the historical and philosophical background of the French tradition of historical epistemology. As a sort of ‘historical epistemology of historical epistemology,’ it traces some of the forces, incidents, and events that made possible the emergence of a new way of doing epistemology in the first half of the twentieth century in France. Three developments that occupy a position privilege in this narrative are: the collapse of German idealism, the birth of French positivism, and what the author calls (...) ‘the crisis in the theory of science’ that swept over Europe in the early 1900s. These developments suggest that the emergence and development of historical epistemology was the effect of changes internal to the history of Western philosophy as much as a function of changes external to this history. (shrink)

Yasha Rohwer and Emma Marris argue there is no prima facie duty to preserve genetic integrity; they contend, rather, that preserving the integrity of specific genomes is only a mean...

Inspired by the genetic phenomenology of Maurice Merleau-Ponty and the historical epistemology of Georges Canguilhem, this paper defends a theory of normativity grounded in pathos rather than logos. Proceeding from the double assumption that accounts of the origins of normativity circulated in antiquity and modernity are unsatisfactory, and the determinacy of norms remains a central problem not only for moral theory but also for epistemology, political theory, and even medicine, the author contends that the realm of lived experience can help (...) us furnish determinate though often pre-thetic norms that can underwrite or justify “non-moral normative distinctions,” such as the distinction between the just and the unjust in political theory and the distinction between the normal and the pathological in medicine. With the aid of comparative and hermeneutic analysis, the author establishes that Merleau-Ponty’s Phenomenology of Perception shares with Canguilhem’s The Normal and the Pathological a similar understanding of the norming and normative character of subjective experience and, moreover, that in these works one can find a “pathic” theory of norms that can give us, as the author puts it, “a new foundation for the very possibility of critique” in our post-Enlightenment moment. (shrink)

This article offers a systematic treatment of Beauvoir's reading of biology in The Second Sex. Following Gatens 's suggestion that this chapter has not received the scholarly consideration it demands and deserves, it explains key aspects of Beauvoir's relationship to biological reason by re-telling the story of Beauvoir's early life from the perspective of her scientific education, rationally reconstructing her argument in the chapter on "Biological Data," and exploring the philosophical orientation of her argument using the Frankfurt School model of (...) 'immanent critique.' By illuminating Beauvoir's reading of biology, this article contributes to our understanding of her philosophy while also deflating the widespread assumption that existentialist philosophy is inherently 'anti-science.'. (shrink)

The article examines the ethics and politics of international gestational surrogacy contracts through a three-dimensional framework that combines political accounts of framework precariousness, accounts of norm incompatibility in contracting scenarios, and feminist accounts of domination. This framework, which can be applied to a host of contemporary bioethical controversies, articulates the ways in which individuals' medical experiences are shaped and determined by social structures that lie beyond their field of control, thus pushing feminist bioethics toward closer collaboration with legal and political (...) theory. (shrink)

While there are important tensions between French historical epistemology and classical phenomenology as modes of thought, fixation on these differences has obstructed recognition of their similarities. Using the writings of Jean Cavaillès and Gaston Bachelard as case studies, this chapter shows that historical epistemology may be read as simultaneously critiquing and expanding the phenomenological project originated by Husserl in the early twentieth century. The author rebuffs the widespread conception that historical epistemology is phenomenology’s ‘Other’ and calls for further research on (...) their historical and philosophical relationships. (shrink)

Inspired by the genetic phenomenology of Maurice Merleau-Ponty and the historical epistemology of Georges Canguilhem, this paper defends a theory of normativity grounded in pathos rather than logos. Proceeding from the double assumption that accounts of the origins of normativity circulated in antiquity and modernity are unsatisfactory, and the determinacy of norms remains a central problem not only for moral theory but also for epistemology, political theory, and even medicine, the author contends that the realm of lived experience can help (...) us furnish determinate though often pre-thetic norms that can underwrite or justify “non-moral normative distinctions,” such as the distinction between the just and the unjust in political theory and the distinction between the normal and the pathological in medicine. With the aid of comparative and hermeneutic analysis, the author establishes that Merleau-Ponty’s Phenomenology of Perception shares with Canguilhem’s The Normal and the Pathological a similar understanding of the norming and normative character of subjective experience and, moreover, that in these works one can find a “pathic” theory of norms that can give us, as the author puts it, “a new foundation for the very possibility of critique” in our post-Enlightenment moment. (shrink)

Curiously, while the efficacy of the arts for the development of multicultural understandings has long been theorized, empirical studies of this effect have been lacking. This essay recounts our combined empirical and philosophical study of this issue. We explicate the philosophical considerations that shaped the development of the arts course we studied, which was grounded in rather traditional humanist educational thought, informed by Deweyan considerations for pedagogy and multiculturalism. We also provide an overview of the course and of the study (...) design: the ways in which the course worked to teach aesthetic theory through a combination of popular and canonical works, and the ways in which it sought to instill a sense of cross-cultural appreciation and solidarity among students through the inclusion of art from different cultures and generations. We then share our research findings and our return to the realm of philosophy to interpret them. Our postcolonial analysis incorporates emerging discussions of the arts as a tool for resistance and dialogue within the system of public education, and revisit and reconsider the very concept of education for pluralistic democracy. This approach problematizes traditional conceptions of pluralism, in which an attempt is made to dissolve difference in a common understanding, and instead advocates that works from among the contemporary popular arts and works drawn from the artistic “canon” alike must be considered and employed for their instrumental value to the educational process—especially for their ability to prompt an intersubjectivity that is accompanied by a heightened awareness of difference. (shrink)