Feminist philosophers of science have been prominent amongst social epistemologists who draw attention to communal aspects of knowing. As part of this work, I focus on the need to examine the relations between scientific communities and lay communities, particularly marginalized communities, for understanding the epistemic merit of scientific practices. I draw on Naomi Scheman's argument (2001) that science earns epistemic merit by rationally grounding trust across social locations. Following this view, more turns out to be relevant to epistemic assessment than (...) simply following the standards of "normal science". On such an account, philosophers of science need to attend to the relations between scientific communities and various lay communities, especially marginalized communities, to understand how scientific practices can rationally ground trust and thus earn their status as "good ways of knowing". Trust turns out to involve a wide set of expectations on behalf of lay communities. In this paper I focus on expectations of knowledge sharing, using examples of "knowledge-sharing whistleblowers" to illustrate how failures in knowledge sharing with lay communities can erode epistemic trust in scientific communities, particularly in the case of marginalized communities. (shrink)

: Feminist epistemologists have found the atomistic view of knowers provided by classical epistemology woefully inadequate. An obvious alternative for feminists is Lynn Hankinson Nelson's suggestion that it is communities that know. However, I argue that Nelson's view is problematic for feminists, and I offer instead a conception of knowers as "individuals-in-communities." This conception is preferable, given the premises and goals of feminist epistemologists, because it emphasizes the relations between knowers and their communities and the relevance of these relations for (...) epistemic assessments. Furthermore, it provides a sense of epistemic agents as active reflective inquirers, capable of transforming and improving knowledge-seeking practices. (shrink)

23andMe not only sells genetic testing but also uses customer data in its R&D activities and commercial partnerships. This raises questions about transparency and informed consent. Based on a online survey conducted in 2017–18, we examine attitudes of 368 customers of 23andMe toward the company's use of their data. Our findings point at divides in the context of customers' awareness of the two-sided business model of DTC genetics and their attitudes toward consent. While most of our respondents (68%) were aware (...) that 23andMe could store their data and use it for certain purposes without their consent, over 40% were not aware that using and sharing customer data was part of the business model. Views were also divided regarding what type of consent was most appropriate. We explore the implications of these divides for participatory research and for the importance of transparency and trust in commercially-driven scientific knowledge production. (shrink)

Serious ethical violations in medicine, such as sexual abuse, criminal prescribing of opioids, and unnecessary surgeries, directly harm patients and undermine trust in the profession of medicine. We review the literature on violations in medicine and present an analysis of 280 cases. Nearly all cases involved repeated instances of intentional wrongdoing, by males in nonacademic medical settings, with oversight problems and a selfish motive such as financial gain or sex. More than half of cases involved a wrongdoer with a suspected (...) personality disorder or substance use disorder. Despite clear patterns, no factors provide readily observable red flags, making prevention difficult. Early identification and intervention in cases requires significant policy shifts that prioritize the safety of patients over physician interests in privacy, fair processes, and proportionate disciplinary actions. We explore a series of 10 questions regarding policy, oversight, discipline, and education options. Satisfactory answers to these questions will require input from diverse stakeholders to help society negotiate effective and ethically balanced solutions. (shrink)

Conceptualized within the framework of self-determination theory, the aim of the current study was to investigate the relation between perfectionistic concerns and (a) controlled (non-self-determined) motivation and (b) performance anxiety through basic psychological need frustration (frustration of competence, autonomy, and realtedness), and if these relations would be moderated by controlling teaching/coaching conditions. We used a cross-sectional moderated mediation design and purposefully selected Norwegian elite junior performers (N = 171; Mage = 17.3; SDage= 0.94) from talent development schools, who completed an (...) online questionnaire to report their perceptions of the study variables. Associations were examined using structural equation modeling. The results showed that perfectionistic concerns were positively associated with controlling conditions, basic needs frustration, controlled motivation, and performance anxiety. Reported controlling teaching/coaching conditions moderated the positive indirect relationship between perfectionistic concerns and (a) controlled motivation and (b) performance anxiety through competence need frustration. Specifically, these indirect associations were evident for performers reporting moderate or high levels of controlling teaching/coaching conditions. In contrast, there were no indirect associations via competence need frustration for those performers who reported low levels of controlling conditions. In conclusion, the results indicate that perfectionistic concerns appear to be a vulnerability factor that exposes elite junior performers to higher risks of entering a debilitative motivational process. This seems especially likely when exposed to controlling teaching/coaching conditions. Coaches and teachers working with elite junior performers should avoid using controlling mechanisms and instead foster autonomous functioning. (shrink)

Musical improvisation is a natural case of human pattern formation, and Walton and colleagues investigate the way that different contextual constraints affect patterns of improvisation and their aesthetic quality. The authors find that coordination patterns are more diversified between two musicians when the musical space in which to improvise is relatively more constrained. They also find that listeners experience more diversified, complementary patterns between musicians as more enjoyable and harmonious.

One of the major themes of Steve Fuller's project of social epistemology is a reconciliation of the normative concerns of epistemologists with the empirical concerns of sociologists of knowledge. Fuller views social epistemologists as knowledge policy makers, who will provide direction for improvements in the cognitive division of labour. However, this paper argues that Fuller's conception of knowledge production and his approval of a panglossian approach to epistemology fail to provide the normative force he claims, and leave us unable to (...) identify anything epistemic about our knowledge-seeking practices. (shrink)

The Internet appears to offer psychologists doing research unrestricted access to infinite amounts and types of data. However, the ethical issues surrounding the use of data and data collection methods are challenging research review boards at many institutions. This article illuminates some of the obstacles facing researchers who wish to take advantage of the Internet's flexibility. The applications of the APA ethical codes for conducting research on human participants on the Internet are reviewed. The principle of beneficence, as well as (...) privacy and confidentiality, informed consent, deception, and avoiding harm are all illustrated through the use of a hypothetical online study. (shrink)

Rhodopsin, upon activation by light, transduces the photon signal by activation of the G‐protein, transducin. The well‐studied rhodopsin/transducin system serves as a model for the understanding of signal transduction by the large class of G‐protein‐coupled receptors. The interactive form of rhodopsin, R*, is conformationally similar or identical to rhodopsin's photolysis intermediate Metarhodopsin II (MII). Formation of MII requires deprotonation of rhodopsin's protonated Schiff base which appears to facilitate some opening of the rhodopsin structure. This allows a change in conformation at (...) rhodopsin's cytoplasmic surface that provides binding sites for transducin. Rhodopsin's 2nd, 3rd and putative 4th cytoplasmic loops bind transducin at sites including transducin's 5 kDa carboxyl‐terminal region. Site‐specific mutagenesis of rhodopsin is being used to distinguish sites on rhodopsin's surface that are important in binding transducin from those that function in activating transducin. These observations are consistent with and extend studies on the action of other G‐protein‐coupled receptors and their interactions with their respective G proteins. (shrink)

The Internet appears to offer psychologists doing research unrestricted access to infinite amounts and types of data. However, the ethical issues surrounding the use of data and data collection methods are challenging research review boards at many institutions. This article illuminates some of the obstacles facing researchers who wish to take advantage of the Internet's flexibility. The applications of the APA ethical codes for conducting research on human participants on the Internet are reviewed. The principle of beneficence, as well as (...) privacy and confidentiality, informed consent, deception, and avoiding harm are all illustrated through the use of a hypothetical online study. (shrink)

Rendell and Whitehead note the necessary, complementary relationship between field and laboratory studies in other species, but conclude their article by de-emphasizing the role of laboratory findings in cetacean research. The ambiguity in field studies of cetaceans should argue for greater reliance on the laboratory, which has provided much of the available research supporting the hypothesis of cetacean culture.

Calls for public engagement on emerging agricultural technologies, including genetic engineering of farm animals, have resulted in the development of information that people can interact and engage with online, including “Frequently Asked Questions” (FAQs) developed by organizations seeking to inform or influence the debate. We conducted a frame analysis of FAQs webpages about genetic engineering of farm animals developed by different organizations to describe how questions and answers are presented. We categorized FAQs as having a regulatory frame (emphasizing or challenging (...) the adequacy of regulations), an efficiency frame (emphasizing precision and benefits), a risks and uncertainty frame (emphasizing unknown outcomes), an animal welfare frame (emphasizing benefits for animals) or an animal dignity frame (considering the inherent value of animals). Animals were often featured as the object of regulations in FAQs, and questions about animals were linked to animal welfare regulations. The public were represented using a variety of terms (public, consumer) and pronouns (I, we). Some FAQs described differences between technology terms (gene editing, genetic modification) and categorized technologies as either well-established or novel. This framing of the technology may not respond to actual public concerns on the topic. Organizations seeking to use FAQs as a public engagement tool might consider including multiple viewpoints and actual questions people have about genetic engineering. (shrink)

We are sympathetic to most of what Glenberg says in his target article, but we consider it common wisdom rather than something radically new. Others have argued persuasively against the idea of abstraction in cognition, for example. On the other hand, Hebbian connectionism cannot get along without the idea of association, at least at the neural level.

We approach the issue of holophrasis versus compositionality in the emergence of protolanguage by analyzing the earliest combinatorial constructions in child, bonobo, and chimpanzee: messages consisting of one symbol combined with one gesture. Based on evidence from apes learning an interspecies visual communication system and children acquiring a first language, we conclude that the potential to combine two different kinds of semiotic element — deictic and representational — was fundamental to the protolanguage forming the foundation for the earliest human language. (...) This is a form of compositionality, in that each communicative element stands for a single semantic element. The conclusion that human protolanguage was exclusively holophrastic — containing a proposition in a single word — emerges only if one considers the symbol alone, without taking into account the gesture as a second element comprising the total message. (shrink)

For over 80 years, the National Society of Professional Engineers (NSPE) has been a leader in the promotion of ethical practice within the field of engineering. One of the Society's greatest contributions is the formation and adoption of the NSPE Code of Ethics. But the code, with its six "Fundamental Canons," is only truly instructive if engineers can bridge the gap between principles and action. Here there is no substitute for personal reflection on the ethical and philosophical issues that underlie (...) the code. If done well, such reflection provides an indispensable basis for moral problem solving. Beyond the Code: A Philosophical Guide to Engineering Ethics is designed to complement the NSPE Code of Ethics by helping readers "go beyond" in their understanding of the philosophical issues bound up in the code. Each chapter addresses one of the Fundamental Canons of the NSPE code, and provides a philosophical analysis of the various parts of each canon by employing contemporary and classical texts. This unique approach to engineering ethics guides students and professionals in their readings of the appended selections to refine their understanding of the code in order to apply it to the practical challenges of today's engineers. Key Features: Is the first introduction to engineering ethics that helps students understand and apply the NSPE Code of Ethics to engineering practice Includes a Preface from Arthur E. Schwartz, NSPE Deputy Executive Directorand General Counsel, and NAFE Executive Director As a hybrid text, includes primary philosophical texts with extensiveintroductions and guided reading questionsfrom the book's three authors Offers case studies from the NSPE Board of Ethical Review, allowing students to see a direct connection between the issues discussed in the text and real-world engineering practice Includes the following pedagogical aids: "Key Terms and Concepts" for each chapter "Preparing to Read" sections before each primary source reading "Guided Reading Questions" after each primary source reading "Going Beyond--Our Questions for a Deep Dive" after each case study. (shrink)

State Medical Boards (SMBs) can take severe disciplinary actions (e.g., license revocation or suspension) against physicians who commit egregious wrongdoing in order to protect the public. However, there is noteworthy variability in the extent to which SMBs impose severe disciplinary action. In this manuscript, we present and synthesize a subset of 11 recommendations based on findings from our team’s larger consensus-building project that identified a list of 56 policies and legal provisions SMBs can use to better protect patients from egregious (...) wrongdoing by physicians. (shrink)

In this paper we use a critically reflective research approach to analyze our efforts at transformative learning in food systems education in a land grant university. As a team of learners across the educational hierarchy, we apply scholarly tools to the teaching process and learning outcomes of student-centered inquiries in a food systems course. The course, an interdisciplinary, lower division undergraduate course at the University of California, Davis is part of a new undergraduate major in Sustainable Agriculture and Food Systems. (...) We provide an overview of the course’s core elements—labs, exams, assignments, and lectures—as they relate to social constructivist learning theory and student-centered inquiries. Then, through qualitative analysis of students’ reflective essays about their learning experiences in the course, we demonstrate important transformative outcomes of student-centered inquiries: (1) most students confronted the commodity fetish and tried to reconcile tensions between what the food system is and ought to be, and (2) students repositioned themselves, their thinking, and social deliberation in relation to the food system. Students’ reflections point to the power of learning that emerges through their inquiry process, including in the field, and from critical self-reflection. We also highlight the importance of reflective essays in both reinforcing experiential learning and in helping instructors to better understand students’ learning vis-à-vis our teaching. (shrink)

In their target article, Conley et al. (2023) appropriately highlight the ongoing conceptual and practical opacity of public engagement (PE) in the translation of human gene editing (HGE) (Conley e...

In the words of Catharine MacKinnon, "a woman is not yet a name for a way of being human." In other words, women are still excluded, as authors and agents, from identifying what it is to be human and what therefore violates the dignity and integrity of humans. Recognition, Responsibility, and Rights is written in response to that failure. This collection of essays by prominent feminist thinkers advances the positive feminist project of remapping the moral landscape by developing theory that (...) acknowledges the diversity of women. (shrink)

Macphail’s comparative approach to intelligence focused on associative processes, an orientation inconsistent with more multifaceted lay and scientific understandings of the term. His ultimate emphasis on associative processes indicated few differences in intelligence among vertebrates. We explore options more attuned to common definitions by considering intelligence in terms of richness of representations of the world, the interconnectivity of those representations, the ability to flexibly change those connections, knowledge, and individual differences. We focus on marine mammals, represented by the amphibious pinnipeds (...) and the aquatic cetaceans and sirenians, as animals that transitioned from a terrestrial existence to an aquatic one, experiencing major changes in ecological pressures. They adapted with morphological transformations related to streamlining the body, physiological changes in respiration and thermoregulation, and sensory/perceptual changes, including echolocation capabilities and diminished olfaction in many cetaceans, both in-air and underwater visual focus, and enhanced senses of touch in pinnipeds and sirenians. Having a terrestrial foundation on which aquatic capacities were overlaid likely affected their cognitive abilities. Vocal and behavioral observational learning capabilities in the wild and in laboratory experiments suggest versatility in group coordination. Empirical reports on aspects of intelligent behavior like problem-solving, spatial learning, and concept learning by various species of cetaceans and pinnipeds, suggest rich cognitive abilities. The high energy demands of the brain suggest brain-intelligence relationships might be fruitful areas for the study when specific hypotheses are considered, e.g., brain mapping indicates hypertrophy of specific sensory areas in marine mammals. Modern neuroimaging techniques provide ways to study neural connectivity, and the patterns of connections between sensory, motor, and other cortical regions provide a biological framework for exploring how animals represent and flexibly use information in navigating and learning about their environment. At this stage of marine mammal research, it would still be prudent to follow Macphail’s caution that it is premature to make strong comparative statements without more empirical evidence, but an approach that includes learning more about how animals flexibly link information across multiple representations could be a productive way of comparing species by allowing them to use their specific strengths within comparative tasks. (shrink)

Rationale: Deep brain stimulation (DBS) of the hippocampus is proposed for enhancement of memory impaired by injury or disease. Many pre-clinical DBS paradigms can be addressed in epilepsy patients undergoing intracranial monitoring for seizure localization, since they already have electrodes implanted in brain areas of interest. Even though epilepsy is usually not a memory disorder targeted by DBS, the studies can nevertheless model other memory-impacting disorders, such as Traumatic Brain Injury (TBI). Methods: Human patients undergoing Phase II invasive monitoring for (...) intractable epilepsy were implanted with depth electrodes capable of recording neurophysiological signals. Subjects performed a delayed-match-to-sample (DMS) memory task while hippocampal ensembles from CA1 and CA3 cell layers were recorded to estimate a multi-input, multi-output (MIMO) model of CA3-to-CA1 neural encoding and a memory decoding model (MDM) to decode memory information from CA3 and CA1 neuronal signals. After model estimation, subjects again performed the DMS task while either MIMO-based or MDM-based patterned stimulation was delivered to CA1 electrode sites during the encoding phase of the DMS trials. Each subject was sorted (post hoc) by prior experience of repeated and/or mild-to-moderate brain injury (RMBI), TBI, or no history (control) and scored for percentage successful delayed recognition (DR) recall on stimulated vs. non-stimulated DMS trials. The subject’s medical history was unknown to the experimenters until after individual subject memory retention results were scored. Results: When examined compared to control subjects, both TBI and RMBI subjects showed increased memory retention in response to both MIMO and MDM-based hippocampal stimulation. Furthermore, effects of stimulation were also greater in subjects who were evaluated as having pre-existing mild-to-moderate memory impairment. Conclusion: These results show that hippocampal stimulation for memory facilitation was more beneficial for subjects who had previously suffered a brain injury (other than epilepsy), compared to control (epilepsy) subjects who had not suffered a brain injury. This study demonstrates that the epilepsy/intracranial recording model can be extended to test the ability of DBS to restore memory function in subjects who previously suffered a brain injury other than epilepsy, and support further investigation into the beneficial effect of DBS in TBI patients. (shrink)

Magnetoencephalography is increasingly used for presurgical planning in people with medically refractory focal epilepsy. Localization of interictal epileptiform activity, a surrogate for the seizure onset zone whose removal may prevent seizures, is challenging and depends on the use of multiple complementary techniques. Accurate and reliable localization of epileptiform activity from spontaneous MEG data has been an elusive goal. One approach toward this goal is to use a novel Bayesian inference algorithm—the Champagne algorithm with noise learning—which has shown tremendous success in (...) source reconstruction, especially for focal brain sources. In this study, we localized sources of manually identified MEG spikes using the Champagne algorithm in a cohort of 16 patients with medically refractory epilepsy collected in two consecutive series. To evaluate the reliability of this approach, we compared the performance to equivalent current dipole modeling, a conventional source localization technique that is commonly used in clinical practice. Results suggest that Champagne may be a robust, automated, alternative to manual parametric dipole fitting methods for localization of interictal MEG spikes, in addition to its previously described clinical and research applications. (shrink)

A Genealogy of Devotion: Bhakti, Tantra, Yoga, and Sufism in North India. By Patton E. Burchett. New York: Columbia University Press, 2019. Pp. viii + 433, 2 plates. $70.

When ethical decisions have to be taken in critical, complex medical situations, they often involve decisions that set the course for or against life-sustaining treatments. Therefore the decisions have far-reaching consequences for the patients, their relatives, and often for the clinical staff. Although the rich psychology literature provides evidence that reasoning may be affected by undesired influences that may undermine the quality of the decision outcome, not much attention has been given to this phenomenon in health care or ethics consultation. (...) In this paper, we aim to contribute to the sensitization of the problem of systematic reasoning biases by showing how exemplary individual and group biases can affect the quality of decision-making on an individual and group level. We are addressing clinical ethicists as well as clinicians who guide complex decision-making processes of ethical significance. Knowledge regarding exemplary group psychological biases (e.g. conformity bias), and individual biases (e.g. stereotypes), will be taken from the disciplines of social psychology and cognitive decision science and considered in the field of ethical decision-making. Finally we discuss the influence of intuitive versus analytical (systematical) reasoning on the validity of ethical decision-making. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.3 (2001) 385-406 [Access article in PDF] Some Thoughts on What Spinoza Learned from Maimonides on the Prophetic Imagination Part Two:Spinoza's Maimonideanism Heidi M. Ravven 1. Spinoza's Maimonideanism Now it is precisely with the belief that the prophets were philosophers and the Bible offers veiled insights into the central doctrines of philosophy, so powerfully argued and deeply held by Maimonides that he (...) included it as one of his Thirteen Principles of Jewish Faith the acceptance of which is a necessary condition of a share in the World to Come, 1 that Spinoza took strong issue. 2 At the same time, however, Spinoza agreed with Maimonides' doctrine [End Page 385] of the a. imaginative (literary) character 3 and b. the political function 4 of the Bible and of its authors and of the major prophetic figures. The quite obvious influence of Maimonides' account of prophecy upon Spinoza's account in the Tractatus Theologico-Politicus (TTP) has been widely recognized and commented upon. That is to say (although no commentator up till now, as far as I know, has made this point explicit), Spinoza adopted Maimonides' conception of prophecy as mimetic or productive and not only—or chiefly—as receptive. 5 The Maimonidean account of the (prophetic) imagination clarifies why the atomic fact model of the receptive function of the imagination is inapplicable to the TTP. The imaginative character of prophecy is not about picking up information (in a dream or otherwise) delivered from God; rather, it concerns how one understands (and presents) certain truths (in the case of Spinoza's notion of prophecy, namely, those of ethics and in Maimonides' those of science as well as of ethics) imaginatively rather than rationally, i.e., within a web of (narrative and symbolic) associations instead of within the deductive order of rational causal explanation. "Now we see," Spinoza, in the first chapter [End Page 386] of the Tractatus, 6 writes, echoing Maimonides (esp. Guide II, 47), "why the teachings of the prophets were nearly all in the form of parables and allegories, and why all spiritual matters were expressed in corporeal form, for this is more appropriate to the imaginative faculty." Prophecy does not consist in the simple reception of pieces of information transmitted directly from God. This is not what it is for Maimonides nor for Spinoza.Thus we find that Spinoza formally defines the prophet in the beginning of TTP, chapter i, as "one who interprets (interpretatur) God's revelations to those who cannot attain to certain knowledge of the matters revealed... For the Hebrew word for prophet is nabi, that is, speaker and interpreter (orator et interpres)." 7 The prophet is interpreter in imaginative terms, whether he reformulates belief imaginatively or instead merely understands it in that way himself to begin with. Prophecy is an imaginative (narrative, symbolic) rather than a philosophical (logical and demonstrable) type of understanding and presentation. If one looks at Spinoza's account of prophecy in TTP i, one finds that immediately after Spinoza defines prophecy, he then goes on to tell us what revelation is scientifically: "the nature of [the human] mind... is the primary cause of divine revelation." That is to say, the mind itself, whether rationally in intellectual thought or in its imaginative capacity and in both cases as itself a product of divine (i.e., natural) causes, supplies the content of revelation. 8 Spinoza then goes on to say that now that we have understood the true explanation of prophecy, we must return from this scientific understanding to the biblical account of prophecy. At that point he tells us that "the Jews never make mention of intermediate or particular causes nor pay any heed to them, but to serve religion and piety... they refer everything to God." Now this is a crucial passage and must be used as an interpretive principle for all that follows. (Spinoza illustrates the point in some detail at the end of the chapter where he lists the various... (shrink)

CHAPTER 1 Introduction HEIDI M. RAVVEN AND LENN E. GOODMAN The attitudes of Jewish thinkers toward Spinoza have defined a fault line between traditionalist ...

In diesem Beitrag werde ich die Wege untersuchen, auf denen Moraltheoretiker philosophischen Sinn in der These entdecken könnten, daß das Gesetz die moralische Schlechtigkeit von Personen dadurch tolerieren sollte, daß es den Bürgern Rechte zuerkennt, moralisch Falsches zu tun. Dabei vernachlässige ich Fälle, in denen diese Toleranz deshalb angemessen erscheint, weil die Moralität des in Rede stehenden Verhaltens ungewiss oder jedenfalls unter gleichermaßen vernünftigen Personen hinreichend umstritten ist, so daß die Gewährung von Freiheit auch für den Staat als das angemessene (...) Mittel erscheint, die Problematik zu lösen. Stattdessen werde ich mich auf Fälle konzentrieren, in denen der Gesetzgeber davon überzeugt ist, daß das betreffende Verhalten tadelnswert ist, so daß weder Zweifel noch Uneinigkeit über die Bewertung des Verhaltens als ausreichende Gründe dafür genannt werden können, daß der Staat sich der Sache nicht annimmt.Wie ich im 1. Teil zeige, kann sowohl von konsequentialistischen als auch von deontologischen Moraltheorien angenommen werden, daß sie unmoralisches Verhalten erlauben, das keine Verletzung von konsequentialistischen bzw. deontologischen Pflichten darstellt. Regel-Konsequentialisten verlangen Toleranz für akt-konsequentialistisch betrachtete Verstöße, sofern sie im Rahmen ihrer Regeln erfolgen; und Deontologen fordern Toleranz für kategorisch erlaubte Taten, die sub-optimale Konsequenzen haben. Im Hinblick darauf, daß wir eine Tugenpflicht haben könnten, uns zu Personen zu entwickeln, die deontologische Erlaubnisse nicht mißbrauchen, untersuche ich eine Reihe von Gründen, die es nahe legen, daß diejenigen, die sich einer Moraltheorie der Tugendpflichten verbunden fühlen, die die Besorgnis um Handlungen durch eine Besorgnis um den Charakter der Person ersetzt, gleichwohl gute Gründe dafür hat, die Kultivierung eines guten Charakters außerhalb der Reichweite des Staates zu belassen.Die Problematik wird schwieriger, wenn wir von den unmoralischen Handlungen, die keine Pflichten verletzen , zu den unmoralischen Handlungen übergehen, die solche Pflichten verletzen. Kann ein Konsequentialist sich damit einverstanden erklären, daß der Staat Personen die Freiheit zugesteht, etwas zu tun, was konsequentialistisch verboten ist? Kann ein Deontologe nicht nur die Freiheit, Erlaubnisse zu missbrauchen, verteidigen, sondern auch die Freiheit, kategorische Verbote zu verletzen? Im 2. Teil des vorliegenden Beitrages vertrete ich die These, daß es durchaus einleuchtende Gründe dafür geben mag, daß Freiheit entweder intrinsisch oder instrumentell gut ist, um andere intrinsisch gute Dinge zu bewirken, in welchem Fall Konsequentialisten gute Gründe dafür haben, daß der Staat grundsätzlich moralische Schlechtigkeit tolerieren sollte, oder sie zumindest dann tolerieren sollte, wenn dies der Preis dafür ist, größeres Gutes zu befördern. Im 3. Teil behaupte ich, daß selbst unsere beste deontologische Theorie Maximen in sich aufnehmen kann, die es dem Gesetzgeber kategorisch verbieten, den Bürgern die Verletzung kategorischer Maximen zu verbieten. So kann es dem Gesetzgeber z.B. verboten sein, in die Privatsphäre der Bürger einzugreifen, um das Fehlverhalten von Bürgern zu ermitteln. Oder es kann dem Gesetzgeber auferlegt sein, nicht etwas zu verbieten, wenn er dieses Verbot nicht gegenüber allen Bürgern durchsetzen kann.Das Ergebnis meiner Analyse ist, daß die Theorie liberaler Toleranz nicht von der Behauptung vernünftigen Zweifels und der Uneinigkeit zwischen Gesetzgeber und Bürgern abhängt, wie es unter liberalen Politikwissenschaftlern oftmals voraus-gesetzt wird. Selbst dann, wenn vernünftige Personen sich darüber einig sind, daß eine bestimmte Art von Verhalten unmoralisch ist, und selbst dann, wenn bei dem Gesetzgeber kaum Zweifel an der Unmoralität des Verhaltens vorhanden sind, gibt es doch schwerwiegende moralische Gründe dafür, weshalb der Gesetzgeber moralisch verpflichtet sein kann, die Begehung unmoralischer Handlungen zu tolerieren. In this article I explore the ways in which moral theorists might make philosophical sense of the claim that the law ought to tolerate moral wickedness by according citizens legal rights to do moral wrongs. I set aside cases in which tolerance is proper because the morality of the conduct in question is uncertain or sufficiently contested by equally reasonable persons so as to make liberty the appropriate default solution for the state. Instead, I confine my inquiry to cases in which lawmakers are confident that the conduct in question is blameworthy, so that doubt and disagreement cannot be said to be sufficient reasons for staying the hand of the state. As I argue in Part I, both consequentialist and deontological moral theories can be thought to permit immoralities that are not violations of consequentialist or deontological obligations. Rule-consequentialists require tolerance of act-consequential wrongs that are done in the name of their rules; and deontologists require tolerance of consequentially sub-optimal deeds that are categorically permitted. While we may have aretaic obligations to become the kinds of persons who do not abuse deontological permissions, I explore a series of reasons to think that those who subscribe to an aretaic moral theory that substitutes concerns for character for concerns for actions will nevertheless have good grounds to place the cultivation of good character beyond the scope of the state. The question is harder when we move from immoralities that do not violate obligations to immoralities that do violate such obligations. Can consequentialists make sense of the state according persons liberty to do what is consequentially prohibited? Can deontologists defend not just the liberty to misuse permissions but the liberty to violate categorical prohibitions? I argue in Part II that there may be sound arguments for why liberty is either intrinsically good or instrumentally good for the achievement of other intrinsically good things, in which case, consequentialists have sounds reasons for supposing that the state ought to tolerate wickedness, tu cour , or tolerate it when it is a price that purchases greater goods. And I argue in Part III that our best deontological theory may contain within it maxims that categorically prohibit legislators from prohibiting violations of categorical maxims on the part of citizens. For example, they may be enjoined from invading citizens' privacy in the ways required to detect citizens' wrongdoing; or they may be enjoined not to prohibit what they cannot equally enforce against all. The upshot of my analysis is that a theory of liberal tolerance does not depend upon claims of reasonable doubt and disagreement amongst lawmakers and citizens, as is so often supposed amongst liberal political theorists. Even if reasonable persons agree that a kind of conduct is immoral, and even if lawmakers are in little doubt about its immorality, there are powerful moral reasons why lawmakers might be morally obligated to tolerate its persistence. (shrink)

The field of human rights scholarship has traditionally been dominated by legal experts, political scientists, and sociologists. While historians have played a somewhat minor role in tracing human rights intellectual history, few have actually engaged in the central debate that has engrossed human rights scholars of other disciplines over the last few decades, i.e. the debate on theory. In this paper, I investigate the possibility for historians, or scholars of any discipline for that matter, to contribute to the ongoing debate (...) on human rights through adopting a method of literary analysis. Through this investigation, I argue that scholars are missing the mark in focussing the debate on human rights theory around the concept of universalism. My paper relates particularily to traditionally Muslim societies.I first give an overview of what has been written by human rights scholars on theory, then I justify a literary analysis approach for studying human rights, and lastly I apply this approach to two texts, the Universal Declaration of Human Rights and the Cairo Declaration of Human Rights in Islam. In the end, this approach points scholars to the need to focus less on the meaning of the concept ``universalism" and more on the meaning of ``the human". (shrink)

:This essay undertakes two tasks: first, to describe the differing mens rea requirements for accomplice liability of both Anglo-American common law and the American Law Institute's Model Penal Code; and second, to recommend how the mens rea requirements of both of these two sources of criminal law in America should be amended so as to satisfy the goals of clarity and consistency and so as to more closely conform the criminal law to the requirements of moral blameworthiness. Three "pure models" (...) of the mens rea requirements for complicity are distinguished, based on the three theories of liability conventionally distinguished in the general part of Anglo-American criminal law. One of these, the vicarious responsibility model, is put aside initially because of both its descriptive inaccuracy and its normative undesirability. The analysis proceeds using the other two models: that of the mens rea requirements for principal liability for completed crimes, and that of the mens rea requirements for attempt liability. Both the common law and the Model Penal Code are seen as complicated admixtures of these two models, the common law being too narrow in the scope of its threatened liability and the Model Penal Code being both too broad and too opaque in its demands for accomplice liability. The normative recommendation of the paper is to adopt the model for the mens rea of complicity that treats it as a form of principal liability, recognizing that the overbreadth of liability resulting from adoption of that model would have to be redressed by adopting a "shopkeeper's privilege" as an affirmative defense separate from any mens rea requirement. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.UNTYING THE GORDIAN KNOT OF MENS REA REQUIREMENTS FOR ACCOMPLICESVolume 32, Issue 2Heidi M. Hurd and Michael S. Moore DOI: https://doi.org/10.1017/S0265052516000157Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. UNTYING THE GORDIAN KNOT OF MENS REA REQUIREMENTS FOR ACCOMPLICESVolume 32, Issue 2Heidi M. Hurd and Michael S. Moore DOI: https://doi.org/10.1017/S0265052516000157Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. UNTYING THE GORDIAN KNOT OF MENS REA REQUIREMENTS FOR ACCOMPLICESVolume 32, Issue 2Heidi M. Hurd and Michael S. Moore DOI: https://doi.org/10.1017/S0265052516000157Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

Spiritual Taxonomies and Ritual Authority recounts how philosophers of the late third century C.E. organized the spirit world into hierarchies, positioning themselves as high priests in the process. By establishing themselves as experts on sacred matters, they fortified their authority, prestige, and reputation.