This article responds to William Scheuerman’s analysis of Edward Snowden as someone whose acts fit within John Rawls’ account of civil disobedience understood as a public, non-violent, conscientious breach of law performed with overall fidelity to law and a willingness to accept punishment. It rejects the narrow Rawlsian notion in favour of a broader notion of civil disobedience understood as a constrained, conscientious and communicative breach of law that demonstrates opposition to law or policy and a desire for lasting (...) change. The article shows that, according to Rawls’ unduly narrow conception, Edward Snowden is not a civil disobedient. But, according to the more plausible, broader conception, he is. It then identifies some advantages of the broader conception in contemporary analyses of new forms of disobedience, including globalized disobedience and digital disobedience. (shrink)

This article contains the author's responses to five critics of his book Law as a Leap of Faith whose criticisms appear in this journal. The critics are Kimberley Brownlee, Antony Hatzistavrou, Kristen Rundle, Sari Kisilevsky and Nicola Lacey. The criticisms and responses pick up the following fifteen themes from the book: law, morality, society, explanation, continuity, rationality, ends, instruments, values, justice, allocation, games, modalities, generalities, jurisprudence.

Ordinary interactions are the primary vehicle through which we show respect, give social pleasure, and grease the wheels of healthy sociality. When we do an interactional wrong to someone, we not only convey disrespect by disregarding their interactional needs, but also cause them social pain and erode healthy social relations. Interactional ethics – the study of the ethics of interacting – concerns both our conduct within our interactions and our broader interactional style. The existing philosophical literature in this area has (...) not yet provided a detailed analysis of the three discrete stages of an ordinary interaction – the initiation stage, the execution stage, and the conclusion stage – or of the specific wrongs beyond disrespect that we can do at each stage. This article develops novel and useful tools to analyse interactional wrongs that both compromise our wellbeing by causing us social pain and threaten healthy sociality. It then distinguishes various patterns of interactional wrongdoing – i.e. interactional vices – that we can manifest as we seek to control with whom we interact and how. (shrink)

Background Institutional review board (IRB) expertise is necessarily limited by maintaining a manageable board size. IRBs are therefore permitted by regulation to rely on outside experts for review. However, little is known about whether, when, why, and how IRBs use outside experts.Methods We conducted a national survey of U.S. IRBs to characterize utilization of outside experts. Our study uses a descriptive, cross-sectional design to understand how IRBs engage with such experts and to identify areas where outside expertise is most frequently (...) requested.Results The survey response rate was 18.4%, with 55.4% of respondents reporting their institution’s IRB uses outside experts. Nearly all respondents who reported using outside experts indicated they do so less than once a month, but occasionally each year (95%). The most common method of identifying an outside expert was securing a previously known subject matter expert (83.3%). Most frequently, respondents sought consultation for scientific expertise not held by current members (69.6%). Almost all respondents whose IRBs had used outside experts reported an overall positive impact on the IRB review process (91.5%).Conclusions Just over half of the IRBs in our sample report use of outside experts; among them, outside experts were described as helpful, but their use was infrequent overall. Many IRBs report not relying on outside experts at all. This raises important questions about what type of engagement with outside experts should be viewed as optimal to promote the highest quality review. For example, few respondents sought assistance from a Community Advisory Board, which could address expertise gaps in community perspectives. Further exploration is needed to understand how to optimize IRB use of outside experts, including how to recognize when expertise is lacking, what barriers IRBs face in using outside experts, and perspectives on how outside expert review impacts IRB decision-making and review quality. (shrink)

Values -- Tolerance -- Tolerant people -- Being tolerant of family -- Being tolerant of friends -- Being tolerant of neighbours -- Ways to be tolerant -- Being aware of others -- Respecting different kinds of families -- Accepting other cultures -- Including others -- Learning from others -- Being patient -- Personal set of values.

Pezdek and Lam [Pezdek, K. & Lam, S. . What research paradigms have cognitive psychologists used to study “False memory,” and what are the implications of these choices? Consciousness and Cognition] claim that the majority of research into false memories has been misguided. Specifically, they charge that false memory scientists have been misusing the term “false memory,” relying on the wrong methodologies to study false memories, and misapplying false memory research to real world situations. We review each of these claims (...) and highlight the problems with them. We conclude that several types of false memory research have advanced our knowledge of autobiographical and recovered memories, and that future research will continue to make significant contributions to how we understand memory and memory errors. (shrink)

In 1974, the United States Congress asked a question prompting a national conversation about ethics: which ethical principles should govern research involving human participants? To embark on an answer, Congress passed the National Research Act, and charged this task to the newly established National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Commission’s mandate was modest however, the results were anything but. The outcome was The Belmont Report: a trio of principles - respect for persons, (...) beneficence, and justice - serving as an ethical compass for scientists, researchers, and institutional review boards (IRBs). Almost 50 years later, the utility, legacy, and ingenuity of The Belmont Report continues to be both admired and challenged. Critics argue that Belmont is not fit for the 21st century, while supporters praise Belmont for its enduring wisdom. The goal of this paper is to equip IRB practitioners with the tools necessary to maximally interpret The Belmont Report and meaningfully engage in ethical analysis that reconsiders outmoded legacy thinking and fixed decision-making. Through historical and contextual reflection, this paper describes how IRB practitioners can contemporize review of ethical human research using their moral imagination – a skill found at the intersection of creativity, deliberation, and empathy. (shrink)

Arendt's innovation is to recognize that this countenancing of others is an aesthetic experience that creates the political world.Curtis plumbs the relevance of ...

The quality of a research study application sends a distinct signal to the institutional review board (IRB) about the skills, capacities, preparation, communication, experience, and resources of its authors. However, efforts to research and define IRB application quality have been insufficient. Inattention to the quality of an IRB application is consequential because the application precedes IRB review, and perceptions of quality between the two may be interrelated and interdependent. Without a clear understanding of quality, IRBs do not know how to (...) define quality and researchers do not know how to achieve quality. This position has not been systematically studied to date, and future research could provide much-needed empirical validation. This paper lays the conceptual groundwork for future investigation into what constitutes quality in an IRB application. It includes a landscape review of multidisciplinary research on quality, as well as a discussion of quality frameworks analogous to research with human participants that exist in the published literature. It also examines the background and significance of federal research regulations, regulatory burdens, researchers’ regulatory literacy, and the roles and responsibilities of IRB professionals within this ecosystem. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

This study steps beyond the traditional arguments of feminism and examines homebirth from a libertarian perspective. It addresses the debate over homebirth and midwifery, which includes the use of direct-entry midwives as well as the philosophical implications of individual autonomy expressed through consumer choice. Furthermore, this paper demonstrates that the medical establishment gains economic and political control primarily through medical licensing, and uses the state to undermine personal freedom as it advances a government-enforced monopoly on birth. At the same time, (...) empirical studies have established a substantial record of high safety and low medical complication rates for homebirth as compared to hospital births. Ultimately, the state’s restriction on medical choices is incompatible with the nonaggression principle and voluntarism, and therefore, with libertarianism. (shrink)

This collection gives George Yancy's transformative work in social and political philosophy and the philosophy of race the critical attention it has long deserved. Contributors apply perspectives from disciplines including philosophy, sociology, education, communication, peace and conflict studies, religion, and psychology.

John MacFarlane explores how we might make sense of the idea that truth is relative. He provides new, satisfying accounts of parts of our thought and talk that have resisted traditional methods of analysis, including what we mean when we talk about what is tasty, what we know, what will happen, what might be the case, and what we ought to do.

This collection gives George Yancy’s transformative work in social and political philosophy and the philosophy of race the critical attention it has long deserved. Contributors apply perspectives from disciplines including philosophy, sociology, education, communication, peace and conflict studies, religion, and psychology.

A parallel may be drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment by the state. In punishing an offender, the state seeks to communicate both its condemnation of the crime committed and its desire for repentance and reformation on the part of the offender. Similarly, in civilly disobeying the law, a disobedient seeks to convey both her condemnation of a certain law or policy and her desire for recognition that a lasting change in (...) policy is required. When disobedients and authorities target each other, their confrontation allows for a direct comparison of the respective justifiability of their conduct. Their confrontation is explored in this paper with an eye to analysing how civil disobedients and authorities should engage with each other. (shrink)

Cornish suggests that, because they were in the same class at school, Wittgenstein was the specific target of Hitler's bile in Mein Kampf, and that Hitler's beliefs about Jews came from the experience of meeting Wittgenstein at this time.

Much as we would like to conceive empirical thought as rationally grounded in experience, pitfalls await anyone who tries to articulate this position, and ...

Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse (...) traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.This book shows that civil disobedience is generally more defensible than private conscientious objection.Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness. According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing.The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience.Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. (shrink)

What psychological and philosophical significance should we attach to recent efforts at computer simulations of human cognitive capacities? In answering this question, I find it useful to distinguish what I will call "strong" AI from "weak" or "cautious" AI. According to weak AI, the principal value of the computer in the study of the mind is that it gives us a very powerful tool. For example, it enables us to formulate and test hypotheses in a more rigorous and precise fashion. (...) But according to strong AI, the computer is not merely a tool in the study of the mind; rather, the appropriately programmed computer really is a mind, in the sense that computers given the right programs can be literally said to. (shrink)

Human–wildlife interactions have existed for thousands of years, however as human populations increase and human impact on natural ecosystems becomes more intensive, both parties are increasingly being forced to compete for resources vital to both. Humans can value wildlife in many contexts promoting coexistence, while in other situations, such as crop-raiding, wildlife conflicts with the interests of people. As our closest phylogenetic relatives, chimpanzees in particular occupy a special importance in terms of their complex social and cultural relationship with humans. (...) A case study is presented that focuses on the Bossou chimpanzees’ perspective of their habitat in the Republic of Guinea, West Africa, by highlighting the risks and opportunities presented by a human-dominated landscape, and detailing their day-to-day coexistence with humans. Understanding how rural people perceive chimpanzees and how chimpanzees adapt to living in anthropogenic environments will enhance our understanding of how people-wildlife interactions develop into situations of conflict and therefore can generate sustainable solutions to prevent or mitigate situations of conflict. (shrink)

Pfeiffer, Kimberley We've heard it happening more than once. A couple uses IVF to fall pregnant then later down the track they conceive naturally. Confusing, right? Aren't they supposed to be infertile? Isn't that why people request this invasive and expensive procedure in the first place? Well, a recent study shows that more than 40% of women aged between 28 and 36 years that report having a history of infertility achieved subsequent births without using any form of reproductive assistance1. (...) Which raises the question, what does it mean to be infertile? (shrink)

Pfeiffer, Kimberley Review of: Conflicts of Conscience in Health Care: An Institutional Compromise, by Holly Fernandez-Lynch, Massachusetts Institute of Technology Press, 2008.

Normative requirements are often overlooked, but they are central features of the normative world. Rationality is often thought to consist in acting for reasons, but following normative requirements is also a major part of rationality. In particular, correct reasoning – both theoretical and practical – is governed by normative requirements rather than by reasons. This article explains the nature of normative requirements, and gives examples of their importance. It also describes mistakes that philosophers have made as a result of confusing (...) normative requirements with reasons. (shrink)

Brownlee rethinks human rights theory to reflect the fact that we are deeply social creatures. Our core social needs, for meaningful social inclusion, are more important than, and essential to, our civil, political, and economic needs. This grounds a right against social deprivation and a right to the resources to sustain other people.

Cornish suggests that, because they were in the same class at school, Wittgenstein was the specific target of Hitler's bile in Mein Kampf, and that Hitler's beliefs about Jews came from the experience of meeting Wittgenstein at this time.

This new edition of the classic Contemporary Theories of Knowledge has been significantly updated to include analyses of the recent literature in epistemology.

Name der Zeitschrift: Klio Jahrgang: 99 Heft: 2 Seiten: 566-585.

This study provides a comprehensive reinterpretation of the meaning of Locke's political thought. John Dunn restores Locke's ideas to their exact context, and so stresses the historical question of what Locke in the Two Treatises of Government was intending to claim. By adopting this approach, he reveals the predominantly theological character of all Locke's thinking about politics and provides a convincing analysis of the development of Locke's thought. In a polemical concluding section, John Dunn argues that liberal and (...) Marxist interpretations of Locke's politics have failed to grasp his meaning. Locke emerges as not merely a contributor to the development of English constitutional thought, or as a reflector of socio-economic change in seventeenth-century England, but as essentially a Calvinist natural theologian. (shrink)