“Due process of law” is arguably the most controversial and frequently-litigated phrase in the American Constitution. Although the dominant originalist view has long been that Fifth and Fourteenth Amendment’s Due Process of Law Clauses are solely “process” guarantees and don’t constrain the “substance” of legislation at all, originalist scholars have in recent years made fresh inquiries into the historical evidence and concluded that there’s a weighty case for some form of substantive due process. In this Article, we review and critique (...) these findings employing our theory of good-faith originalist interpretation and construction. We begin by investigating the “letter” of the Due Process of Law Clauses — that is, the original meaning of their texts. Next, to develop doctrine by which this meaning can be implemented, we identify the clauses’ original function — their “spirit” — of barring arbitrary exercises of power over individuals that rest upon mere will rather than constitutionally proper reasons. We contend that the original letter and spirit of the “due process of law” in both clauses requires federal and state legislators to exercise their discretionary powers in good faith by enacting legislation that is actually calculated to achieve constitutionally proper ends and imposes a duty upon both state and federal judges to make a good-faith determination of whether legislation is calculated to achieve constitutionally proper ends. Finally, we confront hard questions concerning the scope of the states’ reserved powers, acknowledging the flaws in the “police-power” jurisprudence associated with the so-called “Lochner era” and we delineate an approach that will better safeguard all “person(s)” against arbitrary power. By so doing, we assist state and federal legislators by providing clarity concerning the constitutionally proper ends that federal and state legislators can pursue; aid state and federal judges by equipping them to review legislators’ pursuit of those ends; and help members of the public by enabling them to monitor the performance of their legislative and judicial agents. (shrink)

The world contains objective causal relations and universals, both of which are intimately connected. If these claims are true, they must have far-reaching consequences, breathing new life into the theory of empirical knowledge and reinforcing epistemological realism. Without causes and universals, Professor Fales argues, realism is defeated, and idealism or scepticism wins. Fales begins with a detailed analysis of David Hume's argument that we have no direct experience of necessary connections between events, concluding that Hume was mistaken on this fundamental (...) point. Then, adopting the view of Armstrong and others that causation is grounded in a second-order relation between universals, he explores a range of topics for which the resulting analysis of causation has systematic implications. In particular, causal identity conditions for physical universals are proposed, which generate a new argument for Platonism. The nature of space and time is discussed, with arguments against backward causation and for the view that space and time can exist independently of matter or causal process. Many of Professor Fales's conclusions seem to run counter to received opinion among contemporary empiricists. Yet his method is classically empiricist in spirit, and a chief motive for these metaphysical explorations is epistemological. The final chapters investigate the perennial question of whether an empiricist, internalist and foundational epistemology can support scientific realism. (shrink)

The role of clinical ethics consultant in hospitals was created about 30 years ago. Since that time, two very different models for clinical ethics consultation, and who should perform it, have arisen: clinician ethicists and nonclinician ethicists, or bioethicists. Neither model provides everything that hospitals might need, and both include perspectives that are not ideal for hospital practice. It’s time for a new model, one designed specifically to meet the needs of hospital patients, one we might call the hospital model (...) of clinical ethics (HMCE). (shrink)

Every day, new warnings emerge about artificial intelligence rebelling against us. All the while, a more immediate dilemma flies under the radar. Have forces been unleashed that are thrusting humanity down an ill-advised path, one that's increasingly making us behave like simple machines? In this wide-reaching, interdisciplinary book, Brett Frischmann and Evan Selinger examine what's happening to our lives as society embraces big data, predictive analytics, and smart environments. They explain how the goal of designing programmable worlds goes hand (...) in hand with engineering predictable and programmable people. Detailing new frameworks, provocative case studies, and mind-blowing thought experiments, Frischmann and Selinger reveal hidden connections between fitness trackers, electronic contracts, social media platforms, robotic companions, fake news, autonomous cars, and more. This powerful analysis should be read by anyone interested in understanding exactly how technology threatens the future of our society, and what we can do now to build something better. (shrink)

Traditionally, theories of mindreading have focused on the representation of beliefs and desires. However, decades of social psychology and social neuroscience have shown that, in addition to reasoning about beliefs and desires, human beings also use representations of character traits to predict and interpret behavior. While a few recent accounts have attempted to accommodate these findings, they have not succeeded in explaining the relation between trait attribution and belief-desire reasoning. On my account, character-trait attribution is part of a hierarchical system (...) for action prediction, and serves to inform hypotheses about agents’ beliefs and desires, which are in turn used to predict and interpret behavior. (shrink)

As the field of clinical bioethics has moved from its pioneers, who turned their attention to ethics problems in clinical medicine and clinical and animal research, to today’s ubiquity of university degrees and fellowships in bioethics, there has been a steady drumbeat to professionalize the field. The problem has been that the necessary next steps—to specify the skills, knowledge, and personal and professional attributes of a clinical bioethicist, and to have a method to train and evaluate mastery of these standards—are (...) lacking.Ordinarily, the path to professionalism in medicine starts with the intellectual pioneers. Then come those who develop early experience in clinical settings. Then comes the specification of the skills, knowledge, and personal and professional attributes needed to perform the activities of the new specialty or subspecialty. And only then, after a method to train and evaluate levels of mastery from novice to advanced practitioner has been developed, comes credible credentialing and certification/licensing.Unfortunately, the field of clinical bioethics has skipped these steps. Rather, a credential, that is, the Healthcare Ethics Consultant (HEC) certification, was created by a small group within the bioethics professional association, the American Society of Bioethics and Humanities (ASBH), without community agreement or necessary input. Further, the testing of processes to train HECs and to evaluate their levels of mastery of competencies was prematurely forwarded as sufficient evidence of competence in clinical ethics. That is, the credential, offered by the ASBH for a fee, upon passing an exam based on how many hours one has been involved in clinical consultation, about which there is no field agreement on how such consultations ought to be conducted and for which only controversial standards have been set, is being touted as evidence of competence in clinical bioethics. In their article, “Competencies and Milestones for Bioethics Trainees,” Sawyer and colleagues identify the central weakness of these claims to professionalization and provide the field the first substantive assessment tool and method to train and evaluate competencies. The tool these authors present is the real next step forward for true professionalization of the field of clinical bioethics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:On Scheeben's Place in Nineteenth-Century Catholic Theology and the Question of His Theological MethodEvan S. KoopMatthias Joseph Scheeben (1835–1888) is enjoying a moment in English-speaking Catholic theological circles. In recent years his thought has attracted increasing interest from scholars who view him as an important forerunner to some of the central currents of Catholic theology in the twentieth century,1 a trend that promises only to accelerate with the recent (...) publication of the initial volumes of the first complete translation of his monumental Handbuch der katholischen Dogmatik into English.2 The much-debated question of Scheeben's proper place in the history of Catholic theology in the nineteenth century therefore, has gained a new relevance. While the present study of course, cannot and does not claim to bring this dispute to a definitive resolution, nevertheless it is hoped that it may at least help to clarify some common misunderstandings that can arise from hasty generalizations, and offer a few insights—which are not in fact new, but which are too often ignored by English-speaking scholars today—into the way in which the thought of the Jesuit theologians of the so-called "Roman School" may have served to influence Scheeben's unique theological method.In the past, numerous attempts have been made to situate Scheeben's thought within a particular theological school, and members of rival schools, in turn, have sought to claim him (or indeed repudiate him) as one of their [End Page 471] own.3 Amid the flood of divergent assessments of Scheeben's theological affinities, there at least exists some scholarly consensus about his greatness as a theologian. In 1935, during the centenary celebrations of Scheeben's birth, Pope Pius XI lauded him as a "man of genius" and proposed his thought to the students of the Germanicum as a model of the proper unity of theology's ascetical and dogmatic elements.4 In a Festschrift dedicated to Scheeben's theology published in the same year, Martin Grabmann judged that Scheeben was "the greatest dogmatic theologian of the nineteenth century,"5 and Carl Feckes, Scheeben's successor at the Cologne seminary, named him "the greatest Mariologist of our time."6 On the eve of the Second Vatican Council, no less an authority than Hans Urs von Balthasar could proclaim that Scheeben was "the greatest German theologian to-date [1961] since the time of Romanticism."7Nearly all, likewise, acknowledge the great difficulty of comprehending Scheeben's theology: even a German theologian of the stature of Joseph Ratzinger laments that Scheeben "has not made it easy, either as a professor for his hearers or as a writer for his readers. His language is rigorous, marked by the laborious travail of thought." The fact that he draws abundantly from such sources as Aquinas and the Greek Fathers "lends to his work [End Page 472] breadth and depth, but does not necessarily facilitate easy access."8 Similarly, the ultramontane Cardinal Henry Edward Manning, in his preface to an English abridgment of Scheeben's Dogmatik, warned that Scheeben's greatest work "requires not only reading but study; and study with patient care and conscientious desire to understand."9 Perhaps it is for this reason that it has become almost proverbial to observe that Scheeben's works are much praised, but seldom read.10Far less agreement, however, exists when it comes to the question of what kind of theologian Scheeben was, or to what theological school he belonged. Was he, asks the great Scheeben scholar Eugen Paul, "the prototype of those theologians who represent (if not establish) the infamous 'two-storey theory [Stockwerkstheorie] with respect to nature and grace—or does he rather belong to those who insist precisely on the transcendental unity of nature and grace?"11 Is Scheeben, in other words, a Neo-Scholastic, even "the most precious flower ever granted to the spring of Neo-Scholasticism,"12 as he was called in the first major study of his theology produced in the twentieth century? Or is he, instead, to be classed with the theologians of the Tübingen School who, under the influence of Romantic Idealism, sought to renew Catholic theology through... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 15.2 (2005) 199-210 [Access article in PDF] Conflict-of-Interest Policy at the National Institutes of Health: The Pendulum Swings Wildly* Evan G. DeRenzo **This article addresses the National Institutes of Health (NIH) employee conflict-of-interest (COI) policy that went into effect February 2005. It is not, however, merely an account of another poorly crafted government policy that cries out for revision. Instead, it is also (...) a story about one of our nation's most important and prestigious institutions and its struggles to navigate the crosscurrents of scientific aspirations, power politics, public ambivalence toward capitalist economics in the biosciences, and the media's inclination to exaggerate problems and under report complicated facts. It is also a tale of greed, politics, purgatory, and redemption. The dramatic and abrupt change in the NIH COI policy demonstrates the difficulty of balancing the production of cutting-edge science with the demands for transparency resulting from work performed in the public interest on the public tab. It is an unhappy chapter in the life of a government agency that is also a national treasure. And, one hopes, it will be an example of how harmful and ill-conceived law can be revised and amended to advance national health and well-being. What is the New NIH COI Policy? The new NIH COI employee policy, more accurately referred to as the Interim Final Rule (Federal Register 2005), is a sweeping set of prohibitions on activities and holdings to reduce the possibility that NIH employees will have any actual [End Page 199] or apparent conflicts of interest. For the most part, the prohibitions are applied across-the-board—i.e., without distinction to employee category or function. The new policy includes prohibitions on outside activities, stock holdings, and awards. It prohibits all NIH employees from engaging in any compensated or uncompensated employment, including consulting, serving on advisory or other such boards, and compensated teaching, speaking, writing, or editing with certain kinds of entities. The first class of such entities is referred to as substantially affected organizations, defined as biotechnology, pharmaceutical, medical device companies, and others with similar interests. But these are not the only entities included in the prohibitions. Other organizations from which NIH employees now are cut off are hospitals, clinics, and other health care institutions; health, science, or health research-related professional associations and consumer and advocacy groups. Included also are educational institutions and not-for-profit independent research institutes that are, or were, recent NIH funding applicants, grantees, contractors, or cooperative research and development agreement (CRADA) partners. The only exemptions appear to be for health care institutions at which NIH employees provide clinical care and some forms of writing—e.g., an NIH physician who moonlights at her/his local hospital's emergency room or submits a manuscript to a peer-reviewed journal that receives only unrestricted funding from a prohibited entity. Prohibited and/or restricted holdings include stock in biotechnology, pharmaceutical, and medical device companies and others in research, development, or manufacture of medical devices, equipment, preparations, treatments, or products. The prohibitions apply to senior NIH employees; restrictions in the amount of such holdings apply to all remaining employees. Both apply to the spouses and minor children of NIH employees. If an NIH employee wins an award, the monetary allowance in most cases is limited to $200. In sum, the scope of this policy is vast, too vast to be reasonable. Too many employees are restricted in too many ways. Where appropriate restrictions have been placed on senior NIH employees, even these constructive aspects of the policy are overshadowed by the unfairness and destructiveness of other aspects. This policy far exceeds anything that could be considered sound. Fortunately, the policy has a built-in assessment process to begin at the end of the policy's first year of implementation. One can only hope that a fair and open evaluation will be conducted, the results of which surely must result in major revisions to what is now bad regulation. Why the Policy... (shrink)

It is now common to explain some of incidental perception’s features by means of a different capacity, called phantasia. Phantasia, usually translated as ‘imagination,’ is thought to explain how incidental perception can be false and representational by being a constitutive part of perception. Through a close reading of De Anima 3.3, 428b10–29a9, I argue against this and for perception first: phantasia is always a product of perception, from which it initially inherits all its characteristics. No feature of perception is explained (...) directly by phantasia, and phantasia is never a part of perception. Phantasia is not imagination or representation, as many have thought, but perception-like appearance. Aristotle thus recognizes alongside three different types of perception three different types of perception-like appearance. (shrink)

In this book, Christopher Evan Franklin develops and defends a novel version of event-causal libertarianism. This view is a combination of libertarianism--the view that humans sometimes act freely and that those actions are the causal upshots of nondeterministic processes--and agency reductionism--the view that the causal role of the agent in exercises of free will is exhausted by the causal role of mental states and events (e.g., desires and beliefs) involving the agent. Franklin boldly counteracts a dominant theory that has (...) similar aims, put forth by well-known philosopher Robert Kane. -/- Many philosophers contend that event-causal libertarians have no advantage over compatibilists when it comes to securing a distinctively valuable kind of freedom and responsibility. To Franklin, this position is mistaken. Assuming agency reductionism is true, event-causal libertarians need only adopt the most plausible compatibilist theory and add indeterminism at the proper juncture in the genesis of human action. The result is minimal event-causal libertarianism: a model of free will with the metaphysical simplicity of compatibilism and the intuitive power of libertarianism. And yet a worry remains: toward the end of the book, Franklin reconsiders his assumption of agency reductionism, arguing that this picture faces a hitherto unsolved problem. This problem, however, has nothing to do with indeterminism or determinism, or even libertarianism or compatibilism, but with how to understand the nature of the self and its role in the genesis of action. Crucially, if this problem proves unsolvable, then not only is event-causal libertarianism untenable, so also is event-causal compatibilism. (shrink)

This chapter examines arguments for the view that any science of the supernatural must be a pseudoscience. It shows that many of these arguments are not good arguments. It also argues that, contrary to recent philosophical discussions, the appeal to the supernatural should not be ruled out as science for methodological reasons, but rather because the notion of supernatural intervention probably suffers from fatal flaws.

This edited volume brings together contributions from prominent scholars to discuss new approaches to Plato's philosophy, especially in the burgeoning fields of Platonic ontology and psychology. Topics such as the relationship between mind, soul and emotions, as well as the connection between ontology and ethics are discussed through the analyses of dialogues from Plato's middle and late periods, such as the Republic, Symposium, Theaetetus, Timaeus and Laws. These works are being increasingly studied both as precursors for Aristotelian philosophy and in (...) their own right, and the analyses included in this volume reveal some new interpretations of topics such as Plato's attitude towards artistic imagination and the possibility of speaking of a teleology in Plato. Focusing on hot topics in the area, Psychology and Ontology in Plato provides a good sense of what is happening in Platonic scholarship worldwide and will be of interest to academic researchers and teachers interested in ancient philosophy, ontology and philosophical psychology. (shrink)

The Embodied Mind provides a unique, sophisticated treatment of the spontaneous and reflective dimension of human experience.

Some philosophers deny that science can investigate the supernatural - specifically, the nature and actions of God. If a divine being is atemporal, then, indeed, this seems plausible - but only, I shall argue, because such a being could not causally interact with anything. Here I discuss in detail two major attempts, those of Stump and Kretzmann, and of Leftow, to make sense of theophysical causation on the supposition that God is eternal. These views are carefully worked out, and their (...) failures are instructive for any attempt to reconcileeternality with causal efficacy. I conclude by arguing that if knowledge of God is possible, in virtue of His effects upon the world, then it is science that must play the preeminent role in producing that knowledge. (shrink)

Robert Hanna and Evan Thompson offer a solution to the Mind-Body-Body Problem. The solution, in a nutshell, is that the living and lived body is metaphysically and conceptually basic, in the sense that one’s consciousness, on the one hand, and one’s corporeal being, on the other, are nothing but dual aspects of one’s lived body. One’s living and lived body can be equated with one’s being as an animal; therefore, this solution to the Mind-Body-Body Problem amounts to an “animalist” (...) version of the dual aspect theory. (shrink)

This study is a new look at the question of how God can act upon the world, and whether the world can affect God, examining contemporary work on the metaphysics of causation and laws of nature, and current work in the theory of knowledge and mysticism. It has been traditional to address such questions by appealing to God’s omnipotence and omniscience, but this book claims that this is useless unless it can be shown how these two powers "work." Instead of (...) treating the familiar problems associated with omnipotence and omniscience, this book asks directly whether, and how, causal interactions between God and His world could occur: both between God and the physical world and between God and other minds, as well as between the world and God. Fales examines current thinking about the very nature of causation, laws of nature, and agency. (shrink)

Sensory substitution presents the philosopher of cognitive science with a particularly interesting case. Using prosthetics to map visual stimuli onto other modalities, such as touch or audition, otherwise blind individuals may develop perceptual capacities and behaviours commonly associated with sight. Experienced users can distinguish ‘visually’ presented objects and will even jerk back from a looming surface. Whether perception with sensory substitution devices should be classed as a type of vision, some other modality, or a new sense remains a matter of (...) debate, however. In the following, I review arguments commonly used to rebut the visual interpretation and, drawing on recent experimental studies and phenomenological self-reports, construct a novel case for treating sensory substitution as a visual process. (shrink)

In the twenty-five years since philosophers began to bemoan ‘the dreariness of aesthetics’, students in Wittgenstein's wake have done a great deal to eliminate the grounds of the complaint. Unfruitful essentialist theories have been largely displaced by the vigorous, if somewhat uncontrolled, growth of an enterprise which attempts to characterize and explicate aesthetic phenomena outside the desert of definition. The resulting view portrays typically aesthetic concepts as being indivisibly characterizing and evaluative, relativistic in application, necessarily linked to human attitudes, irreducible (...) to non-aesthetic concepts, and yet as having social conditions which make them capable of intersubjective comparison and test. These characteristics are usefully summarized in saying that aesthetic concepts are concepts of appraisal. The theory of aesthetic appraisal discussed here is clearly incompatible with views which postulate dichotomies between objectivity and subjectivity, fact and value, and it is quite analogous to ‘descriptivist’ theories in ethics which reject these absolute distinctions. Moral examples are thus often useful for explicating the notion of aesthetic appraisal and the theory embodying that notion likewise has an important bearing on contemporary controversies in ethics. (shrink)

This discussion explores skepticism about moral principles, the diminishing authority of principles in much recent moral philosophy, transformations of rationalism that result, and the possibility of morality within the bounds of custom alone.

A summation of research on the structure and function of the brain presents new ideas on how the human mind evolved in adaptation to a world that no longer exists.

Foundationalist epistemologies, whether internalist or externalist, ground noetic structures in beliefs that are said to be foundational, or properly basic. It is essential to such epistemologies that they provide clear criteria for proper basicality. This proves, 1 argue, to be a thorny task, at least insofar as the goal is to provide a psychologically realistic reconstruction of our actual doxastic practices. I examine some of the difficulties, and suggest some implications, in particular for the externalist epistemology of Alvin Plantinga.

In “Justification Without Awareness”, Michael Bergmann divides internalist epistemologies into those with a strong awareness requirement and those with a weak awareness requirement; he presents a dilemma, hoisting the “strongs” on one horn, and the “weaks” on the other. Here I reply on behalf of the strong-awareness view, presenting what I take to be a more satisfactory, and more fundamental, reply to Bergmann than I believe has been offered by his other critics, and in particular by Rogers and Matheson in (...) their “Bergmann’s dilemma: exit strategies for internalists,” with which I am in partial agreement. (shrink)

Poverty tours - actual visits as well as literary and cinematic versions - are characterized as morally controversial trips and condemned in the press as voyeuristic endeavors. In this collaborative essay, we draw from personal experience, legal expertise, and phenomenological philosophy and introduce a conceptual taxonomy that clarifies the circumstances in which observing others has been construed as an immoral use of the gaze. We appeal to this taxonomy to determine which observational circumstances are relevant to the poverty tourism debate. (...) While we do not defend all or even most poverty tourism practices, we do conclude that categorical condemnation of poverty tourism is unjustified. (shrink)

The manipulation argument poses a significant challenge for any adequate compatibilist theory of agency. The argument maintains that there is no relevant difference between actions or pro‐attitudes that are induced by nefarious neurosurgeons, God, or (and this is the important point) natural causes. Therefore, if manipulation is thought to undermine moral responsibility, then so also ought causal determinism. In this paper, I will attempt to bolster the plausibility of John Martin Fischer and Mark Ravizza's semicompatibilist theory of moral responsibility by (...) demonstrating how their account provides a distinctive line of response to three important types of manipulation. (shrink)

Habermas's paradigm of communicative action is usually taken to be pretty much dominated by consensus, "Yes-saying." What if this were a radically one-sided perception? We take up this unorthodox position by arguing that "no-saying" in this paradigm is typically overlooked and underemphasized. To demonstrate this, we consider how negativity is figured at the most basic onto-ethical level in communicative action, as well as expressed in civil disobedience, a phenomenon to which Habermas assigns the remarkable role of "touchstone" (Prufstein) of constitutional (...) democracy. Once the importance of no-saying is drawn out, the paradigm looks distinctly less hostile to dissensus and agonism in democratic life. (shrink)

This paper presents an argument for the claim that historical events are unique in a nontrivial sense which entails the inapplicability of the Hempelian D-N model to historical explanations. Some previous criticisms of Hempel are shown to be general criticisms of the D-N model which can be outflanked in cases where a reduction to fundamental laws is available. I then survey grounds for denying that explanations by reasons can be effectively reduced to causal explanations, and for rejecting methodological individualism. I (...) conclude with some positive remarks concerning the structure of historical explanations and sense in which historical events are unique. (shrink)

Birch sketches out an ingenious account of how the psychology of social norms emerged from individual-level norms of skill. We suggest that these individual-level norms of skill are likely to be much more widespread than Birch suggests, extending deeper into the hominid lineage, across modern great ape species, all the way to distantly related creatures like honeybees. This suggests that there would have been multiple opportunities for social norms to emerge from skill norms in human prehistory.