The goal of this paper is to examine the impact of leadership and promotion regulatory focus on employees’ willingness to engage in unethical pro-organizational behavior . Building from a person–situation interactionist perspective, we investigate the interaction of leadership style and how leaders frame messages, as well as test a three-way interaction with promotion focus. Using an experimental design, we found that inspirational and charismatic transformational leaders elicited higher levels of UPB than transactional leaders when the leaders used loss framing, but (...) not gain framing. Furthermore, followers’ promotion regulatory focus moderated this relationship such that the effect held for followers with low promotion focus, but not for individuals with high promotion focus. Our findings extend the understanding of UPB, offer theoretical mechanisms to explain when this behavior occurs, and contribute to leadership theory and research on ethical decision making. (shrink)

This is a selection of essays on moral responsibility that represent the major components of John Martin Fischer's overall approach to freedom of the will and moral responsibility. The collection exhibits the overall structure of Fischer's view and shows how the various elements fit together to form a comprehensive framework for analyzing free will and moral responsibility. The topics include deliberation and practical reasoning, freedom of the will, freedom of action, various notions of control, and moral accountability. The (...) essays seek to provide a foundation for our practices of holding each other (and ourselves) morally and legally accountable for our behavior. A crucial move is the distinction between two kinds of control. According to Fischer, "regulative control" involves freedom to choose and do otherwise ("alternative possibilities"), whereas "guidance control" does not. Fischer contends that guidance control is all the freedom we need to be morally responsible agents. Further, he contends that such control is fully compatible with causal determinism. Additionally, Fischer argues that we do not need genuine access to alternative possibilities in order for there to be a legitimate point to practical reasoning. Fischer's overall framework contains an argument for the contention that guidance control, and not regulative control, is associated with moral responsibility, a sketch of a comprehensive theory of moral responsibility (that ties together responsibility for actions, omissions, consequences, and character), and an account of the value of moral responsibility. On this account, the value of exhibiting freedom (of the relevant sort) and thus being morally responsible for one's behavior is a species of the value of artistic self-expression. (shrink)

In this first-ever history of contemporary liberal theory, Forrester shows how liberal egalitarianism--a set of ideas about justice, equality, obligation, and the state--became dominant, and traces its emergence from the political and ideological context of the postwar United States and Britain.d Britain.

Dystonia is a movement disorder that can have a debilitating impact on motor functions and quality of life. There are 250,000 cases in the United States, most with childhood onset. Due to the limited effectiveness and side effects of available treatments, pediatric deep brain stimulation has emerged as an intervention for refractory dystonia. However, there is limited clinical and neuroethics research in this area of clinical practice. This paper examines whether it is ethically justified to offer pDBS to children with (...) refractory dystonia. Given the favorable risk-benefit profile, it is concluded that offering pDBS is ethically justified for certain etiologies of dystonia, but it is less clear for others. In addition, various ethical and policy concerns are discussed, which need to be addressed to optimize the practice of offering pDBS for dystonia. Strategies are proposed to help address these concerns as pDBS continues to expand. (shrink)

Not all probability ascriptions that appear in scientific theories describe chances. There is a question about whether probability ascriptions in non-fundamental sciences, such as those found in evolutionary biology and statistical mechanics, describe chances in deterministic worlds and about whether there could be any chances in deterministic worlds. Recent debate over whether chance is compatible with determinism has unearthed two strategies for arguing about whether a probability ascription describes chance—that is, to speak metaphorically, two different strategies for figuring out where (...) the chances are: find the chances by focusing on chance’s explanatory role or find the chances by focusing on chance’s predictive role. These two strategies tend to yield conflicting results about where the chances are, and debate over which strategy is appropriate tends to end in stalemate. After discussing these two strategies, I consider a new view of chance’s explanatory role. I argue that one theoretical advantage of this new view is that allows us to make progress on the question of where the chances are by providing a principled way of determining which probability ascriptions describe chances. From the vantage of this new view, the correct application of both strategies involves figuring out where the chances are by figuring out where the probabilistic scientific explanations are and what those explanations are like. (shrink)

Does smoke cause fire or does fire cause smoke? James Woodward’s “Flagpoles anyone? Causal and explanatory asymmetries” argues that various statistical independence relations not only help us to uncover the directions of causal and explanatory relations in our world, but also are the worldly basis of causal and explanatory directions. We raise questions about Woodward’s envisioned epistemology, but our primary focus is on his metaphysics. We argue that any alleged connection between statistical dependence and causal/explanatory direction is contingent, at best. (...) The directions of causal/explanatory relations in our world seem not to depend on the statistical dependence relations in our world. Thus, we doubt that statistical dependence relations are the worldly basis of causal and explanatory directions. (shrink)

Philosophical Perspectives, Volume 35, Issue 1, Page 170-188, December 2021.

The paper distinguishes between weak and strong epistemic possibility and argues that the notion of strong epistemic possibility is the key to solving some of the most vexing puzzles about the semantics of epistemic modality.

In May 2011, more than a decade after the International Association of Athletics Federations (IAAF) and the International Olympic Committee (IOC) abandoned sex testing, they devised new policies in response to the IAAF's treatment of Caster Semenya, the South African runner whose sex was challenged because of her spectacular win and powerful physique that fueled an international frenzy questioning her sex and legitimacy to compete as female. These policies claim that atypically high levels of endogenous testosterone in women (caused by (...) various medical conditions) create an unfair advantage and must be regulated. Against the backdrop of Semenya's case and the scientific and historical complexity of ?gender verification? in elite sports, we question the new policies on three grounds: (1) the underlying scientific assumptions; (2) the policymaking process; and (3) the potential to achieve fairness for female athletes. We find the policies in each of these domains significantly flawed and therefore argue they should be withdrawn. (shrink)

Does smoke cause fire or does fire cause smoke? James Woodward’s “Flagpoles anyone? Causal and explanatory asymmetries” argues that various statistical independence relations not only help us to uncover the directions of causal and explanatory relations in our world, but also are the worldly basis of causal and explanatory directions. We raise questions about Woodward’s envisioned epistemology, but our primary focus is on his metaphysics. We argue that any alleged connection between statistical (in)dependence and causal/explanatory direction is contingent, at best. (...) The directions of causal/explanatory relations in our world seem not to depend on the statistical (in)dependence relations in our world (conceived of either as frequency patterns or as relations among chances). Thus, we doubt that statistical (in)dependence relations are the worldly basis of causal and explanatory directions. (shrink)

In light of recent interest among political theorists in the idea of political realism, Judith Shklar’s liberalism of fear has come to be associated with anti-Rawlsian thought. This paper seeks to show that, on the contrary, Shklar’s specific formulation of political realism, unlike more recent variations, was not motivated by a critique of Rawls. This paper will address three concerns: first, it will show what exactly Shklar’s initial realism was responding to; second, it will consider the implications of this realism (...) for thinking about liberal democracies; third, it will attempt, briefly, in light of this, to make sense of her relationship with Rawls and, in turn, through a comparison with Bernard Williams’s thought, her relationship to anti-Rawlsian political realism. (shrink)

According to David Lewis’s Principal Principle, our beliefs about the objective chances of outcomes determine our rational credences in those outcomes. Lewis influentially argues that any adequate metaphysics of objective chance must explain why the Principal Principle holds. Since no theory of chance is widely agreed to have met this burden, I suggest we change tack. On the view I develop, a central aspect of the Principal Principle holds not because of what objective chances are but rather because of the (...) explanatory role that objective chances play for the rational agents who believe in them. (shrink)

Professional sport in the United States has widely adopted biometric technologies, dramatically expanding the monitoring of players’ biodata. These technologies have the potential to prevent injuries, improve performance, and extend athletes’ careers; they also risk compromising players’ privacy and autonomy, the confidentiality of their data, and their careers. The use of these technologies in professional sport and the consumer sector remains largely unregulated and unexamined. We seek to provide guidance for their adoption by examining five areas of concern: validity and (...) interpretation of data; increased surveillance and threats to privacy; risks to confidentiality and concerns regarding data security; conflicts of interest; and coercion. Our analysis uses professional sport as a case study; however, these concerns extend to other domains where their use is expanding, including the consumer sector, collegiate and high school sport, the military, and commercial sectors where monitori... (shrink)

Does neo-Rawlsian political philosophy offer an adequate account of the social conditions of capitalism? In this paper, I present two arguments for thinking that it does not. First, I develop a historicist critique of liberal egalitarianism, arguing that it provides a vision of social reality that is intimately connected to the historical and ideological constellation that I call postwar liberalism, and as such cannot account for social reality since the neoliberal revolutions of the late twentieth century. Second, I explore arguments (...) in Marxist and critical social theory that cast liberal egalitarianism as partial, on account of its inadequate portrait of capitalist society. In surveying responses to these critiques, I argue that merely extending liberal egalitarianism into new domains to account for how contemporary circumstances have changed since the mid-twentieth century cannot address the problem of its partial view of the social world. Taking seriously the insights of critical social theory and the study of capitalism should lead to a challenge to liberal egalitarianism, not an extension of it. (shrink)

The Peterloo Massacre was more than just a Manchester event. The attendees, on whom Manchester industry depended, came from a large spread of the wider textile regions. The large demonstrations that followed in the autumn of 1819, protesting against the actions of the authorities, were pan-regional and national. The reaction to Peterloo established the massacre as firmly part of the radical canon of martyrdom in the story of popular protest for democracy. This article argues for the significance of Peterloo in (...) fostering a sense of regional and northern identities in England. Demonstrators expressed an alternative patriotism to the anti-radical loyalism as defined by the authorities and other opponents of mass collective action. (shrink)

Background: The current study was designed to examine whether ethnic-racial identity moderated the relationship between disordered eating and primary ethnic identification.Methods: Three hundred and ninety-eight undergraduate women were recruited from a large university in Hawai‘i. Participants completed the Eating Disorder Examination Questionnaire, the ERI measure, and reported their primary ethnicity as an index of ethnicity.Results: There was a significant correlation between eating concerns and centrality, r = 0.127, p < 0.05. Moderation analyses indicated that only ERI centrality moderated the predictive (...) effect of ethnicity on the importance of eating concerns, b = 0.05, t = 2.37, p = 0.018.Conclusions: The results suggest that the relationship between self-reported primary ethnicity and EDEQ scores is greater when ethnicity is more central to the individual's identity or when the in-group affect is important to an individual. Findings underscore the need for further research on the underlying mechanisms that account for the differing ways that ERI may affect eating concerns. (shrink)

The psychological literature now differentiates between two types of psychopath:successful (with little or no criminal record) and unsuccessful (with a criminal record). Recent research indicates that earlier findings of reduced autonomic activity, reduced prefrontal grey matter, and compromised executive activity may only be true of unsuccessful psychopaths. In contrast, successful psychopaths actually show autonomic and executive function that exceeds that of normals, while having no difference in prefrontal volume from normals. We argue that many successful psychopaths are legally responsible for (...) their actions, as they have the executive capacity to choose not to harm (and thus are legally rational). However, many unsuccessful psychopaths have a lack of executive function that should at least partially excuse them from criminal culpability. Although a successful psychopath's increased executive function may occur in conflict with, rather than in consonance with their increased autonomic activity - producing a cognitive style characterized by self deception and articulate-sounding, but unsound reasoning - they may be capable of recognizing and correcting their lack of autonomic data, and thus can be held responsible. (shrink)

In April 2018, the International Association of Athletics Federations released new regulations placing a ceiling on women athletes’ natural testosterone levels to “ensure fair and meaningful competition.” The regulations revise previous ones with the same intent. They require women with higher natural levels of testosterone and androgen sensitivity who compete in a set of “restricted” events to lower their testosterone levels to below a designated threshold. If they do not lower their testosterone, women may compete in the male category, in (...) an intersex category, at the national level, or in unrestricted events. Women may also challenge the regulation, whether or not they have lowered their testosterone, or quit sport. Irrespective of IAAF’s stated aims, the options forced by the new regulations are impossible choices. They violate dignity, threaten privacy, and mete out both suspicion and judgement on the sex and gender identity of the athletes regulated. (shrink)

The practice of mortuary archaeology often relies upon the examination of funerary assemblages in order to reconstruct socio-cultural changes among a group of people. This paper takes a closer look at the grave goods from two pairs of Iron-Age elite Lucanian tombs at the settlement of Roccagloriosa in order to detect how funerary ideology changed over time. From the evidence I argue that there was an evolution of aristocratic gentilician identity alongside the establishment of the newly formed Lucanian ethnos in (...) Southern Italy between the fifth and fourth centuries B.C. (shrink)

The practice of mortuary archaeology often relies upon the examination of funerary assemblages in order to reconstruct socio-cultural changes among a group of people. This paper takes a closer look at the grave goods from two pairs of Iron-Age elite Lucanian tombs at the settlement of Roccagloriosa in order to detect how funerary ideology changed over time. From the evidence I argue that there was an evolution of aristocratic gentilician identity alongside the establishment of the newly formed Lucanian ethnos in (...) Southern Italy between the fifth and fourth centuries B.C. (shrink)

Agricultural industries in developed countries may need to consider transformative change if they are to respond effectively to contemporary challenges, including a changing climate. In this paper we apply a resilience lens to analyze a deliberate attempt by Australian governments to restructure the dairy industry, and then utilize this analysis to assess the usefulness of resilience thinking for contemporary agricultural transformations. Our analysis draws on findings from a case study of market deregulation in the subtropical dairy industry. Semi-structured interviews were (...) conducted with dairy producers, their service providers, and industry and government staff. We found the adaptive cycle concept contributed to understanding how deregulation changed industry structures and working practices, how those changes led to feedbacks within the production system and supply chain, and how the industry following deregulation has experienced periods of stability and instability. Regime shifts were associated with an increase in demand for human capital, a degradation of cognitive social capital and a reduction in farm income. Findings identified that were not readily explained by the resilience thinking conceptual framework include a producer’s ability to anticipate and make choices and the change in social and power relationships in the industry. (shrink)

To fight climate change, firms must adopt effective and feasible carbon management practices that promote collaboration within supply chains. Engaging suppliers and customers on carbon management reduces vulnerability to climate-related risks and increases resilience and adaptability in supply chains. Therefore, it is important to understand the motives and preconditions for pursuing supply chain engagement from companies that actively engage with supply chain members in carbon management. In this study, a relational view is applied to operationalize the supply chain engagement concept (...) to reflect the different levels of supplier and customer engagement. Based on a sample of 345 companies from the Carbon Disclosure Project’s supply chain program, the determinants of engagement were hypothesized and tested using multinomial and ordinal logistic estimation methods. The results indicate that companies that integrate climate change into their strategies and are involved in developing environmental public policy are driven by moral motives to engage their suppliers and customers in carbon management. All these factors make a stronger impact on supplier engagement than on customer engagement. Moreover, companies operating in greenhouse gas-intensive industries are driven by instrumental motives to engage their suppliers and customers because increasing greenhouse gas intensity positively influences engagement level. Company profitability appears to increase supplier engagement, but not customer engagement. Interestingly, operating in a country with stringent environmental regulations does not appear to influence supply chain engagement. By utilizing relational capabilities and collaboration, buyers can increase their suppliers’ engagement to disclose emissions, which ultimately will lead to better results in carbon management. (shrink)

Current interpretations of the political theory of Judith Shklar focus to a disabling extent on her short, late article (1989); commentators take this late essay as representative of her work as a whole and thus characterize her as an anti-totalitarian, Cold War liberal. Other interpretations situate her political thought alongside followers of John Rawls and liberal political philosophy. Challenging the centrality of fear in Shklar's thought, this essay examines her writings on utopian and normative thought, the role of history in (...) political thinking and her notions of ordinary cruelty and injustice. In particular, it shifts emphasis away from an exclusive focus on her late writings in order to consider works published throughout her long career at Harvard University, from 1950 until her death in 1992. By surveying the range of Shklar's critical standpoints and concerns, it suggests that postwar American liberalism was not as monolithic as many interpreters have assumed. Through an examination of her attitudes towards her forebears and contemporaries, it shows why the dominant interpretations of Shklarmigrare flawed. In fact, Shklar moved restlessly between these two categories, and drew from each tradition. By thinking about both hope and memory, she bridged the gap between two distinct strands of postwar American liberalism. (shrink)

A synchronic probability is the probability at a time that an outcome occurs at that very time. Common sense invokes synchronic probabilities with values between 0 and 1, as do scientific theories such as classical statistical mechanics. Recently, philosophers have argued about whether any synchronic probabilities are best interpreted as objective chances. I add to this debate an underappreciated reason we might have to believe in synchronic chance; it might turn out that the best interpretation of our common sense and (...) scientific theories is one in which the macrophysical properties of physical systems are partly determined by synchronic chance distributions over microphysical properties of those systems. Additionally, I argue against the common charge that synchronic probability fails to satisfy various platitudes about chance—most notably Lewis’s Principal Principle. (shrink)

Despite its place in the humanities, the career prospects and numbers of women in philosophy much more closely resemble those found in the sciences and engineering. This book collects a series of critical essays by female philosophers pursuing the question of why philosophy continues to be inhospitable to women and what can be done to change it. By examining the social and institutional conditions of contemporary academic philosophy in the Anglophone world as well as its methods, culture, and characteristic commitments, (...) the volume provides a case study in interpretation of one academic discipline in which women's progress seems to have stalled since initial gains made in the 1980s. Some contributors make use of concepts developed in other contexts to explain women's under-representation, including the effects of unconscious biases, stereotype threat, and micro-inequities. Other chapters draw on the resources of feminist philosophy to challenge everyday understandings of time, communication, authority and merit, as these shape effective but often unrecognized forms of discrimination and exclusion. Often it is assumed that women need to change to fit existing institutions. This book instead offers concrete reflections on the way in which philosophy needs to change, in order to accommodate and benefit from the important contribution women's full participation makes to the discipline. (shrink)

There is considerable concern that climate change will displace many people in developing countries from their homes. This article examines whether developed countries are morally obligated to assist people displaced by climate change in developing countries. The article argues that there may not be a moral duty to assist climate change migrants as a category. Nonetheless, developed countries may have duties to assist vulnerable people elsewhere and may be obligated to assist climate change migrants along with other vulnerable people. In (...) addition, there likely is a duty to assist a particular subset of climate change migrants, specifically the citizens of small island countries existentially threatened by climate change. The article concludes by assessing the implications of its moral analysis for the focus of law and policy. Instead of developing new treaties to assist climate change migrants as a number of academics and practitioners have recently proposed, law and policy should be concerned with assisting migrants at risk generally, and/or the citizens of small island countries existentially threatened by climate change. (shrink)

Nietzsche employs the concept of pregnancy metaphorically at various points in his writings; discussing the pregnancy of philosophers (GM III 8, BGE 292), spiritual pregnancy (EH, Clever 3; GS 72) and being pregnant with thoughts or deeds (D 552). I explore how Nietzsche uses the notion of pregnancy in Dawn, arguing that it connects to the theme of self-cultivation. I employ the various associations that Nietzsche makes with pregnancy, including the unknown, selfishness, strangeness, and solitude, to elucidate Nietzsche’s understanding of (...) self-cultivation. I show how the metaphor of pregnancy, in which we do not control what we give birth to, both expresses and helps us explore the problem of what, if the self is made up of and directed by many competing drives, shapes and directs self-cultivation. I argue that Nietzsche’s deliberate references to the context of Plato’s discussion of pregnancy involve a self-conscious challenge to Plato’s concept of the philosopher, and of philosophy, and a reimagining of what they will give birth to. The appropriation of Plato’s famous metaphor thus underscores how Nietzsche’s concept and method of self-cultivation contrasts to Plato’s care for the soul and is rooted in attentiveness to the body and its drives. (shrink)

In this paper we attempt to reply to the thoughtful comments made on our book, Responsible Brains, by a stellar group of scholars. Our reply focuses on two topics discussed in the commenting papers: first, the issue of responsibility for negligent behavior; and second, the broad claim that facts about brain function are normatively inert. In response to worries that our theory lacks normative implications, we will concentrate on an area where our theory has clear relevance to law and legal (...) policy: juvenile responsibility. (shrink)

Forward-looking aims tend to play a much less significant role than retribution in justifying criminal punishment, especially in common law systems. In this paper I attempt to reinvigorate the idea that there are important forward-looking justifications for criminal law and punishment by looking to social theories of responsibility. I argue that the criminal law may be justified at the institutional level because it is a part of larger responsibility practices that have the effect of bolstering our reasons-responsiveness by making us (...) sensitive to the potential reactive attitudes of a larger societal audience. I further claim that forward-looking effects may justify criminal law institutions even if retribution is the primary aim of assigning punishments to specific offenders. (shrink)

In this article, I describe how gender bias can affect the design, testing, clinical trials, regulatory approval, and clinical use of implantable devices. I argue that bad outcomes experienced by women patients are a cumulative consequence of small biases and inattention at various points of the design, testing, and regulatory process. However, specific instances of inattention and bias can be difficult to identify, and risks are difficult to predict. This means that even if systematic gender bias in implant design is (...) an ethical issue, it is one with no clearly blameworthy player. From a practical perspective, there is no single obvious point at which to intervene. Philosophers working in other areas have explored structurally similar moral problems—sometimes referred to as “moral aggregation problems”—such as the type of environmental harm caused by small actions of many players. I describe key features of these type of problems and strategies to address them. I then draw on these to suggest an approach to gender bias in medical implant design and use. (shrink)

This special issue of Social Epistemology represents a departure point from the traditional field of suicidology. Unlike its predecessor, critical suicidology, or more recently, critical suicide st...

What's the point of time travel? Not to change the past; no matter how carefully a time traveler plans, all of her attempts to change the past end in failure. Paul Horwich has argued that the implausibility of such failures gives us reason to doubt that there will be frequent time travel to the local past. I defend a modified version of Horwich's argument and show how we might gain evidence about the chance of there being frequent time travel in (...) the future without having any information that explains why that chance value obtains. (shrink)

Does smoke cause fire or does fire cause smoke? James Woodward’s “Flagpoles anyone? Causal and explanatory asymmetries” argues that various statistical independence relations not only help us to uncover the directions of causal and explanatory relations in our world, but also are the worldly basis of causal and explanatory directions. We raise questions about Woodward’s envisioned epistemology, but our primary focus is on his metaphysics. We argue that any alleged connection between statistical dependence and causal/explanatory direction is contingent, at best. (...) The directions of causal/explanatory relations in our world seem not to depend on the statistical dependence relations in our world. Thus, we doubt that statistical dependence relations are the worldly basis of causal and explanatory directions. (shrink)

Luce Irigaray’s recent book To Be Born: Genesis of New a Human Being can be seen as a response to Friedrich Nietzsche’s well-known call for us to overcome humanity in its current form. Irigaray shares with Nietzsche the belief that to overcome the dissonance that runs through our culture and our being we cannot attend only to cultural and social problems but must bring about the emergence of a new kind of human being. Unlike Nietzsche, however, she develops an understanding (...) of who we are and what we could be that begins with birth and thus roots the potential for this transformation in the concreteness of our infancy and the context of our upbringing. Nietzsche employs the idea of pregnancy in his discussions of the genesis of a new being, but his exclusion of conception and birth indicate limitations in his approach. I will argue that Nietzsche’s insights into how dependency can limit critical insights and transformation demonstrate the importance of solitude, but he neglects the positive role of care we can find in a proper understanding of a child’s dependency on its parents. Irigaray suggests a route towards addressing these limitations. (shrink)

Scepticism is central to Nietzsche’s philosophical project, both as a tool of criticism and, through its role in self-transformation, as a tool for responding to criticism. While its importance in his thought and its complexity have been acknowledged, exactly what kind of scepticism Nietzsche calls for still stands in need of analysis. Jessica Berry’s [Nietzsche and the Ancient Skeptical Tradition. New York: Oxford University Press, 2011] comparison between Nietzsche and Pyrrhonian scepticism recognized the importance of the practical dimension of Nietzschean (...) scepticism but distorted Nietzsche’s philosophy in attempting to paint it as Pyrrhonian in character. Earlier discussions recognize Nietzsche’s opposition to Pyrrhonian suspension of judgement and tranquillity. They have not, however, explored in sufficient detail Nietzsche’s sceptical practice and how it affects the individual. In this article, I combine Berry’s emphasis on scepticism as a practice with attention to the important differences between Nietzsche and Pyrrhonism. I outline Nietzsche’s scepticism as a transformative practice, arguing that its differences from Pyrrhonian scepticism are as illuminating as any similarities. The scepticism that Nietzsche advocates involves not just destruction of our beliefs but destruction of who we are, and at the same time as cultivating the capacity to do without certainty, requires an experimental engagement with our drives – allowing the creation of new values. (shrink)

In this chapter we will argue that the capacities necessary to moral and legal agency can be understood as executive functions in the brain. Executive functions underwrite both the cognitive and volitional capacities that give agents a fair opportunity to avoid wrongdoing: to recognize their acts as immoral and/or illegal, and to act or refrain from acting based upon this recognition. When a person’s mental illness is serious enough to cause severe disruption of executive functions, she is very likely to (...) lack substantial capacities necessary to be law-abiding. Our analysis supports the Model Penal Code test for legal insanity over the traditional M’Naghten test, because the Model Penal Code test allows either severely diminished cognitive or volitional capacities to warrant an excuse to criminal culpability. We will provide a nuanced account of the ways in which mental illness can erode executive function, as well as an explanation as to why severe diminishment of executive functions caused by mental illness, but not some other causes, is exculpatory. (shrink)

Women are under-represented in surgery, especially in leadership and academic roles, and face a gender pay gap. There has been little work on the role of implicit biases in women’s under-representation in surgery. Nor has the impact of epistemic injustice, whereby stereotyping influences knowledge or credibility judgements, been explored. This article reports findings of a qualitative in-depth interview study with women surgeons that investigates gender biases in surgery, including subtle types of bias. The study was conducted with 46 women surgeons (...) and trainees of the Royal Australasian College of Surgeons. Maximum variance sampling strategies ensured a comprehensive set of perspectives. Data were analysed using iterative thematic analysis to document and classify forms of gender bias experienced by the participants, including implicit bias and epistemic injustice. It found four types of bias affecting women surgeons: workplace factors such as access to parental leave and role models; epistemic injustices—unfair assessments of women surgeons’ credibility by patients and colleagues; stereotyped expectations that they will carry out more of surgery’s carework, such as meeting the emotional needs of patients and objectification. Implicit biases arose in each category. Given that many of the biases identified in this study are small, are harmless on their own and are not necessarily under anyone’s conscious control, important questions arise regarding how they cause harm and how to address them. I draw on theoretical work on cumulative harm to answer these questions. (shrink)