In this inaugural lecture, delivered at the University of Birmingham in January 2014, I sketch the outline of a theory of moral education. The theory is an attempt to resolve the tension between two thoughts widely entertained by teachers, policy-makers and the general public. The first thought is that morality must be learned: children must come to see what morality requires of them and acquire the motivation to submit to its authority. The second thought is that morality is controversial: (...) there is deep uncertainty about both the requirements of morality and the reasons to comply with them. I draw distinctions between two kinds of moral education and between two kinds of moral inquiry . I argue that some basic moral standards are robustly justified and that schools should promote subscription to these standards by means of both moral formation and directive moral inquiry. (shrink)

The legal literature generally assumes that an aggregate-risk-utility test is employed to determine whether conduct was reasonable or negligent. However, this test is infrequently mentioned by the courts and almost never explains their decisions. Instead, they apply, explicitly or implicitly, various justice-based standards that take into account the rights and relationships among the parties. This is true even for the two judges most closely identified with the aggregate-risk-utility test: Learned Hand and Richard Posner. During the five decades that (...) Hand served as a federal judge, he mentioned the test in only eleven opinions, between 1938 and 1949, and in none of those opinions did he actually apply the test to resolve the negligence issue. In his last reference to the test, in 1949, he essentially abandoned it. None of his fellow circuit judges ever mentioned the test. Posner claims that the Hand formula expresses an economic efficiency interpretation of negligence that has long been implicit in judicial opinions. However, Posner’s arguments are based on speculative and implausible assumptions, overbroad generalizations, selective quotations, and superficial descriptions of cases that misstate or ignore facts, language, rationales, and holdings that are inconsistent with his argument. The same flaws are apparent in Posner’s attempts to apply the Hand formula in his own judicial opinions. Neither he nor his like-minded colleague, Frank Easterbrook, has been able to employ the Hand formula to resolve the negligence issue in any case, and none of their fellow circuit judges has attempted to do so. (shrink)

Producing content-related gestures has been found to impact students’ learning, whether such gestures are spontaneously generated by the learner in the course of problem-solving, or participants are instructed to pose based on experimenter instructions during problem-solving and word learning. Few studies, however, have investigated the effect of (a) performing instructed gestures while learning concepts or (b) producing gestures without there being an implied connection between the gestures and the concepts being learned. The two studies reported here investigate the impact (...) of instructed hand movements on students’ subsequent understanding of a concept. Students were asked to watch an instructional video—focused on the concept of statistical model—three times. Two experimental groups were given a secondary task to perform while watching the video, which involved moving their hands to mimic the placement and orientation of red rectangular bars overlaid on the video. Students were told that the focus of the study was multitasking, and that the instructed hand movements were unrelated to the material being learned. In the content-match group the placement of the hands reinforced the concept being explained, and in the content-mismatch group it did not. A control group was not asked to perform a secondary task. In both studies, findings indicate that students in the content-match group performed better on the posttest, and showed less variation in performance, than did students in the content-mismatch group, with control students falling in between. Instructed hand movement—even when presented as an unrelated, secondary task—can affect students’ learning of a complex concept. (shrink)

Psychologists and neuroscientists extensively rely on computational models for studying and analyzing the human mind. Traditionally, such computational models have been hand-designed by expert researchers. Two prominent examples are cognitive architectures and Bayesian models of cognition. While the former requires the specification of a fixed set of computational structures and a definition of how these structures interact with each other, the latter necessitates the commitment to a particular prior and a likelihood function which – in combination with Bayes’ rule (...) – determine the model's behavior. In recent years, a new framework has established itself as a promising tool for building models of human cognition: the framework of meta-learning. In contrast to the previously mentioned model classes, meta-learned models acquire their inductive biases from experience, i.e., by repeatedly interacting with an environment. However, a coherent research program around meta-learned models of cognition is still missing to this day. The purpose of this article is to synthesize previous work in this field and establish such a research program. We accomplish this by pointing out that meta-learning can be used to construct Bayes-optimal learning algorithms, allowing us to draw strong connections to the rational analysis of cognition. We then discuss several advantages of the meta-learning framework over traditional methods and reexamine prior work in the context of these new insights. (shrink)

An ethnographer's account of his study of jazz-piano playing, which led to discoveries concerning the ways his hands learned about the keyboard and improvisation, sheds light on the nature and range of improvised conduct.

Ways of the Hand tells the story of how David Sudnow learned to improvise jazz on the piano. Because he had been trained as an ethnographer and social psychologist, Sudnow was attentive to what he experienced in ways that other novice pianists are not. The result, first published in 1978 and now considered by many to be a classic, was arguably the finest and most detailed account of skill development ever published.Looking back after more than twenty years, Sudnow (...) was struck by the extent to which he had allowed his academic background to shape the book's language. He realized that he could now do a much better job of describing his experiences in a way that would not require facility with formal social science and philosophical discourse. The result is a revised version of the book that carries the same intellectual energy as the original but is accessible to a much wider audience. (shrink)

We citizens of the 21st century live in a world where division of epistemic labour rules. Most of what we know we learned from the spoken or written word of others, and we depend in endless practical ways on the technological fruits of the dispersed knowledge of others—of which we often know almost nothing—in virtually every moment of our lives. Interest has been growing in recent years amongst philosophers, in the issues in epistemology raised by this fact. One issue (...) concerns the depth and extent of our epistemic dependence on testimony, as we may label this broad epistemic source: Do we have any knowledge at all that is free of epistemic dependence on what we have learned from others? A related question is whether our entitlement to believe what we have learned from others can be explained without invoking any epistemic principles special to testimony. These questions concern, as it were, the macro-epistemology of testimony. In the present discussion I shall focus instead on the micro foundations. Testimony, in our broad sense, can occur through an extensive range of types of spoken and written means of purportedly factual communication, including telephone calls, e-mails and personal letters, lectures and radio broadcasts, newspapers, textbooks and encyclopaedias, personal diaries, and public records of all kinds. But the central paradigm—what started the whole communication thing off—is surely that of face-to-face spoken encounter, when one person tells something to another, thereby intending and hoping to share her knowledge with her audience. I begin by describing the speech act of telling, identifying what takes place in a felicitous act of telling. From the nature of the speech act of telling, we see precisely how it is that knowledge is, when all goes as it should, acquired from teller by trusting hearer, in such an act, and in acts of testimony more broadly. (shrink)

The experiences of many transitional justice mechanisms have led to a general consensus on the central importance of local legitimacy and local ownership; this indeed is repeatedly avowed by both the UN and the EU in their prescriptions on effective transitional justice mechanisms. Yet, I argue that the Kosovo Specialist Chambers was established in the absence of both. The court was not created in response to domestic pressure from within Kosovo; rather, it was the result of external pressure which by (...) definition compromised local ownership and legitimacy. Drawing on the findings from first-hand qualitative research, I demonstrate that the court’s local legitimacy has not improved since its establishment. This lack of legitimacy, I argue, has potentially negative implications as, without popular legitimacy, the court’s proceedings and judgements are unlikely to command sufficient public support to either catalyse the societal changes promised by the court’s external sponsors, or withstand opposition to the court from within the Kosovo Albanian population resulting from any perceived slight against the ‘heroic’ KLA. (shrink)

The Russian Cards Problem has been extensively studied as an example of a problem of an unconditionally secure protocol where the sender and receiver are able to transmit secret information safely over a public non-secure channel without the secret being learned by a third party with access to the channel. Epistemic logic in general and public announcement logic in particular have been very useful in this study, as it involves careful analysis of subtle properties of nested knowledge. A long (...) standing open problem is whether or not there exist protocols of length strictly greater than two for the original problem. In this paper we finally settle this problem, answering the question in the affirmative, by presenting a new solution to the original Russian Cards Problem that involves more than two steps. It starts with an initial announcement with so-called crossing hands, after which it is not common knowledge that the protocol can terminate in one more step. (shrink)

This article reports the structure of associations among 101 common verbs and body parts. The verbs are those typically learned by children learning English prior to 3 years of age. In a free association task, 50 adults were asked to provide the single body part that came to mind when they thought of each verb. Analyses reveal highly systematic and structured patterns of associations that are also related to the normative age of acquisition of the verbs showing a progression (...) from verbs associated with actions by the mouth, to verbs strongly associated with actions by hand and arm, to verbs not so strongly associated with any one body part. The results have implications for proposals about embodied verb meaning and also for processes of early verb learning. (shrink)

It is increasingly argued that there is a single unified constitutive norm of both assertion and practical reasoning. The most common suggestion is that knowledge is this norm. If this is correct, then we would expect that a diagnosis of problematic assertions should manifest as problematic reasons for acting. Jennifer Lackey has recently argued that assertions epistemically grounded in isolated second-hand knowledge (ISHK) are unwarranted. I argue that decisions epistemically grounded in premises based on ISHK also seem inappropriate. I (...) finish by suggesting that this finding has important implications for the debates regarding the norms of assertion and practical reasoning. (shrink)

The author uses social epistemology to develop the cognitive authority theory. The fundamental concept of cognitive authority is that people construct knowledge in two different ways: based on their first-hand experience or on what they have learned second-hand from others. What people learn first-hand depends on the stock of ideas they bring to the interpretation and understanding of their encounters with the world. People primarily depend on others for ideas as well as for information outside the (...) range of direct experience. Much of what they think of the world is what they have gained second-hand. All that people know of the world beyond the narrow range of their own lives is what others have told them. However, people do not count all hearsay as equally reliable; only those who are deemed to “know what they are talking about” become cognitive authorities. --. (shrink)

A beneficial effect of gesture on learning has been demonstrated in multiple domains, including mathematics, science, and foreign language vocabulary. However, because gesture is known to co-vary with other non-verbal behaviors, including eye gaze and prosody along with face, lip, and body movements, it is possible the beneficial effect of gesture is instead attributable to these other behaviors. We used a computer-generated animated pedagogical agent to control both verbal and non-verbal behavior. Children viewed lessons on mathematical equivalence in which an (...) avatar either gestured or did not gesture, while eye gaze, head position, and lip movements remained identical across gesture conditions. Children who observed the gesturing avatar learned more, and they solved problems more quickly. Moreover, those children who learned were more likely to transfer and generalize their knowledge. These findings provide converging evidence that gesture facilitates math learning, and they reveal the potential for using technology to study non-verbal behavior in controlled experiments. (shrink)

We citizens of the 21st century live in a world where division of epistemic labour rules. Most of what we know we learned from the spoken or written word of others, and we depend in endless practical ways on the technological fruits of the dispersed knowledge of others—of which we often know almost nothing—in virtually every moment of our lives. Interest has been growing in recent years amongst philosophers, in the issues in epistemology raised by this fact. One issue (...) concerns the depth and extent of our epistemic dependence on testimony, as we may label this broad epistemic source: Do we have any knowledge at all that is free of epistemic dependence on what we have learned from others? A related question is whether our entitlement to believe what we have learned from others can be explained without invoking any epistemic principles special to testimony. These questions concern, as it were, the macro-epistemology of testimony. In the present discussion I shall focus instead on the micro foundations. Testimony, in our broad sense, can occur through an extensive range of types of spoken and written means of purportedly factual communication, including telephone calls, e-mails and personal letters, lectures and radio broadcasts, newspapers, textbooks and encyclopaedias, personal diaries, and public records of all kinds. But the central paradigm—what started the whole communication thing off—is surely that of face-to-face spoken encounter, when one person tells something to another, thereby intending and hoping to share her knowledge with her audience. I begin by describing the speech act of telling, identifying what takes place in a felicitous act of telling. From the nature of the speech act of telling, we see precisely how it is that knowledge is, when all goes as it should, acquired from teller by trusting hearer, in such an act, and in acts of testimony more broadly. (shrink)

A beneficial effect of gesture on learning has been demonstrated in multiple domains, including mathematics, science, and foreign language vocabulary. However, because gesture is known to co‐vary with other non‐verbal behaviors, including eye gaze and prosody along with face, lip, and body movements, it is possible the beneficial effect of gesture is instead attributable to these other behaviors. We used a computer‐generated animated pedagogical agent to control both verbal and non‐verbal behavior. Children viewed lessons on mathematical equivalence in which an (...) avatar either gestured or did not gesture, while eye gaze, head position, and lip movements remained identical across gesture conditions. Children who observed the gesturing avatar learned more, and they solved problems more quickly. Moreover, those children who learned were more likely to transfer and generalize their knowledge. These findings provide converging evidence that gesture facilitates math learning, and they reveal the potential for using technology to study non‐verbal behavior in controlled experiments. (shrink)

In 2003, Peter Singer and others sounded a warning in the pages of the journal Nanotechnology that research into the ethical, social, and legal implications of nanotechnology was increasingly lagging behind research into nanotechnology itself. More recently, Alfred Nordmann and Arie Rip have argued that while the pace of ELSI inquiry has now picked up, the inquiry itself is focused far too much on hypothetical and futuristic scenarios. But might there be advantages for ethicists and philosophers of technology interested in (...) the ELSI of emerging technologies to continue to think in a speculative vein? Drawing upon some lessons learned from the development of environmental ethics, and looking primarily at information and computing technologies, I suggest three reasons as to how speculative thinking can add value to ELSI reflection. I argue that it can allow for critical values to emerge that might otherwise go unheeded, open up avenues to reframe issues that might otherwise go unnoticed, and, perhaps most importantly, permit questions to be raised that might otherwise go unvoiced. (shrink)

Most of what I really need to know about how to live and what to do and how to be I learned in kindergarten. Wisdom was not at the top of the graduate school mountain, but there in the sandpile at Sunday School. These are the things I learned: Share everything. Play fair. Don't hit people. Put things back where you found them. Clean up your own mess. Don't take things that aren't yours. Say you're sorry when you (...) hurt somebody. Wash your hands before you eat. Flush. Warm cookies and cold milk are good for you. Live a balanced life. Take a nap every afternoon. When you go out into the world, watch out for traffic, hold hands, and stick together. From the Trade Paperback edition. (shrink)

The attitude of the American classical scholar Basil L. Gildersleeve toward the English may be taken as typical of Americans over the period of his long life. A native of Charleston, South Carolina, a city with deep economic and cultural ties to England, he found his youthful admiration for British scholarship offset by the sufferings of his ancestors in the Revolution and the War of 1812. At mid-century the allegiance of many American intellectuals had switched from England to Germany, viewed (...) idealistically as a place of pure intellectual discovery and artistic creativity. British amateurism held little interest for those who were building the first American research institutions in the 1880s, but as the FirstWorldWar approached, the deficiencies of the German system and the exciting work being done by those around Jane Harrison and Gilbert Murray brought Gildersleeve back to the respect for humane British scholarship that he had learned in his youth in Charleston. (shrink)

Most of what I really need to know about how to live and what to do and how to be I learned in kindergarten. Wisdom was not at the top of the graduate school mountain, but there in the sandpile at Sunday School. These are the things I learned: Share everything. Play fair. Don't hit people. Put things back where you found them. Clean up your own mess. Don't take things that aren't yours. Say you're sorry when you (...) hurt somebody. Wash your hands before you eat. Flush. Warm cookies and cold milk are good for you. Live a balanced life. Take a nap every afternoon. When you go out into the world, watch out for traffic, hold hands, and stick together. (shrink)

Evolutionary psychology claims biological inclinations for certain behaviors (e.g., a desire for more frequent sex and more sexual partners by males as compared to females), and the origin of these inclinations in natural selection. Jerry Fodor’s recent book, The Mind Doesn’t Work that Way (2000), grants the nativist case for such biological grounding but disputes the presumed certainty of its origin in natural selection. Nevertheless, there is today a consensus that at least some of the claims of evolutionary psychology are (...) true, and their broad appeal suggests that many see them as easy insights into and possible license for some controversial behaviors. Evolutionary psychologists, on the other hand, caution that an origin in natural selection implies only an inclination for certain behaviors, and not that the behaviors will be true of all people, will lead to happiness or are morally correct. But such cautions can be as facile as the simplistic positions they are intended to counter. A biological basis implies tendencies to behaviors that will be pleasurable when engaged in, and that can be modified to an extent and at a psychic cost that is, at best, not fully understood. Also, while it is true that naturally selected behaviors are not necessarily moral, the implications of current evolutionary psychology cast doubt on any absolute foundation for morality at all, as well as suggesting limits on our ability to fully understand both ourselves and the universe around us. However, this does not mean that our (relative) values or apparent free will are any less real or important for us. (shrink)

Not only was John Wooden a great basketball coach, he was a master teacher. In fact, he was a great coach because he was a master teacher. What Wooden has learned from others in the classroom and perfected on the practice court are fundamental principles of effective teaching, which areconveyed in You Haven't Taught Until They Have Learned: John Wooden's Teaching Principles and Practices. Co-author Swen Nater, one of Wooden's former players at UCLA, provides insightful first-hand accounts (...) on the many life lessons he learned from Wooden that he has applied to his life since becoming a teacher himself. These principles have a timeless and. (shrink)

An empirical study published in the Journal of Personality and Social Psychology (King, L. A. and C. K. Nappa: 1998, Journal of Personality and Social Psychology 75(1), 156-165) concludes that people generally believe meaning and happiness are essential elements of the good life, whereas money is relatively unimportant. Yet, the authors also state that although "we do know what it takes to make a good life...we still behave as if we did not." The authors are suggesting that despite a general (...) belief that money is relatively unimportant in creating happiness, many people continue to focus their behaviors on increasing income and wealth. This is the classic conflict between the folk wisdom that money cannot buy happiness, on the one hand, and a continued focus by many people on achieving material success on the other. The issue is of particular importance to business professionals, not only because profit maximization is the central focus of business, but also because college students often pursue business as a profession for the express purpose of maximizing personal income and wealth. In the business world a focus on personal financial success is the norm. Wealth and income are honored. The purpose of this is to critically analyze psychological studies comparing happiness and financial success. The results are then contrasted with philosophical wisdom and religious writings comparing happiness and money. The intent is to determine whether psychological studies provide incremental insights into the connection between financial success and happiness. (shrink)

In this paper, I argue for a social conception of subjectivity, via a philosophical reading of first-person accounts of recovery from schizophrenia, published in the _Schizophrenia Bulletin_. Following the hypothesis that these accounts exemplify a more general tension between, on the one hand, normative and social dimensions of the self, and on the other, experiential and psychological dimensions, the first section of the paper formulates the problem from a philosophical perspective inspired by Ludwig Wittgenstein's grammatical approach. The second section (...) explores and rejects different possible readings (sociologistic, phenomenological, or narrativist readings), as conceiving the subject in too passive a relationship with him or herself, and as leading to overly skeptical conclusions about the claims in the first-person accounts insisting on the notion of recovery as a restoration of a sense of self and as empowerment. The third section suggests that a more positive answer can be given via the idea of a certain _grammar of recovery_ governing these narratives, and sketches out how this relates to the more general philosophical question on subjectivity. (shrink)

The Covid-19 pandemic has been analysed and discussed from many disciplinary perspectives. An aspect that still needs critical exploration is the role—that is, the modes and forms—of regulatory interventions during the pan- demic. It is interesting to note in this regard that, in many studies, regulatory measures are labelled “non-pharma- ceutical interventions”, as if they do not have any specificity on their own and only represent a theoretically residual category. The main aim of this article is instead to focus on (...) the distinctive features of normative measures as such. As regards the article’s focus, it centres on the normative interventions in the first period of the pandemic—that is, 2020—with particular reference to Italy. We have chosen to focus on this period because the most extensive and severe restrictions introduced to combat Covid-19 were established at that time. And we have chosen to con- sider Italy because it was the first country, after China, to be hard hit by the virus and to react in a draconian manner. As regards the methodology, the article is based, in general and primarily, on an extensive interdisciplinary literature review. With reference to the Italian case, the study is additionally based on: first-hand data collection and analysis (especially concerning Italian normative measures mainly issued at the national level: their type, frequency, target, hierarchical relationships); second-hand data and analysis (for instance as regards the effectiveness of Italy’s and other countries’ regulatory measures). In discussing the Italian response to the Covid-19 pandemic, certain weaknesses have been identified; and possible lessons have been highlighted, in terms of both “planning” (i.e. the necessity to better pre-define concrete and circumscribed sets of actions) and of “meta-planning” (i.e. the necessity of better planning the way in which public authorities could and should plan and act). Although this article is mainly based on the Italian situation, what we can learn from this case is largely generalizable. (shrink)

The debate about experience-based or tacit knowledge has focused much attention on the limits to formalisation of work process knowledge. A main line of argument has been that, for example, industrial work even with highly advanced technical equipment can only be performed adequately when the worker through experience on the job has gained a feel for the functioning of the machinery and the properties and behaviour of the materials. In this debate links tend to be created between on the one (...) hand formalised-abstracted-verbal knowledge as opposed to on the other hand informalised-concrete-tacit knowledge. We have worked for some years with the design of training materials which at its core have video documentation of best practice as we have found it at work. In this paper we will present and discuss experience with design and use of a hypermedia type training material, SPRING to be used by new machine setters in the spring industry. Based on our own experience we will argue for the relevance of this type of training materials as a means of supporting reflection and dialogue in the community of practitioners. (shrink)

In 1993, Professor of Jurisprudence, Ronald Dworkin of Oxford University and Professor of Law at New York University, delivered the Georgetown Law Center’s thirteenth Annual Philip A. Hart Memorial Lecture: "Life’s Dominion: An Argument About Abortion and Euthanasia." Dworkin is Professor of Philosophy and Frank Henry Sommer Professor of Law at New York University. He received B.A. degrees from both Harvard College and Oxford University, and an LL.B. from Harvard Law School and clerked for Judge Learned Hand. He (...) was associated with a law firm in New York (Sullivan and Cromwell) and was a professor of law at Yale University Law School from 1962-1969. He has been Professor of Jurisprudence at Oxford and Fellow of University College since 1969. He has a joint appointment at Oxford and at NYU where he is a professor both in the Law School and the Philosophy Department. He is a Fellow of the British Academy and a member of the American Academy of Arts and Sciences. Professor Dworkin is the author of many articles in philosophical and legal journals as well as articles on legal and political topics in the New York Review of Books. He has written Taking Rights Seriously (1977), A Matter of Principle (1985), Law’s Empire (1986), Philosophical Issues in Senile Dementia (1987), A Bill of Rights for Britain (1990), Life’s Dominion (1993), and Freedom’s Law (1996). (shrink)

What is the proper role of cost-benefit analysis in understanding the tort concept of negligence or reasonable care? A straightforward question, you might think. But it is a question that manages to elicit groans of exasperation from those on both sides of the controversy. For most utilitarians and adherents to law and economics, the answer is obvious: to say that people should not be negligent is to say that they should minimize the sum of the costs of accidents and the (...) costs of preventing accidents. Under the economic formulation of the famous Learned Hand test, they should take a precaution if but only if the marginal costs (or burden, B) of that precaution are less than its marginal benefits (in the form of reduced risks of injury, measured by multiplying the probability (P) of the injury times the magnitude (L) of the injury if it occurs). If B>PxL, it would be absurd to require the greater expenditure, B. For many advocates of a fairness, corrective justice, rights-based, or contractualist perspective, the opposite answer is equally obvious. Permitting a person to impose risks of harm on others merely because he would thereby obtain a benefit (or would otherwise incur a burden) greater than the discounted value of the harm he might inflict, amounts to authorizing him to dump the costs of his risky activities on innocent victims. To permit this type of sacrifice of individuals on the altar of aggregate social welfare is morally abhorrent. Both sets of criticism have important elements of truth. Neither an unqualified cost-benefit analysis nor an unqualified rights-based rejection of tradeoffs is defensible - either as a description of tort doctrine and practice or as a normative prescription. However, a qualified (sensitive) consequentialist approach can accommodate legitimate criticisms of cost-benefit analysis: the consequentialist can launder preferences, and can consider the distribution of risk both in the social welfare calculus and in determining whether to compensate. At the same time, a qualified (tough-minded) deontological approach can accommodate the legitimate need to recognize tradeoffs: the deontologist can permit intrapersonal but not interpersonal aggregation of risks and benefits, can apply the concept of threshold deontology to risky activity, and can consider individual rather than population risk. I conclude that the formulation of the Learned Hand test found in the Restatement Third of Torts is broad enough to encompass each of these qualified approaches. (shrink)

Perhaps we should change our focus from constitutionalized practices of democracy to democratized practices of constitutionalism. Dworkin and Perry both seek to respond to democratic objections to judicial review by relying on a theory of the legitimacy constraints of democracy itself. According to this view, on some matters, legitimate democracy requires getting the right moral answers. Thus democratic processes must be constitutionalized to ensure such right outcomes on fundamental moral matters. To the extent that judges are better positioned to engage (...) in principled moral reasoning, the arguments continue, we ought to entrust them with ensuring the constitutionalized legitimacy conditions of democracy. I argued that this latter institutional move, however, threatened to simply revive the paternalist worries forcefully articulated by Learned Hand. Waldron’s rights-based objection to rightsbased judicial review, although not dispositive, provided further warning of the moral costs of treating fellow citizens as incapable of reasoning together about the content and proper scope of the legal rights required for democracy. An alternative strategy for justifying judicial review that this chapter investigates is to understand a constitution itself as a product of true democracy, of real popular sovereignty. It is then up to the people, exercising their constituent power at the level of a constitutional assembly, to decide what particular institutional arrangements will best carry forward their collective ideals and decisions. The specific character and structure of those arrangements—whether they are populist or elitist, deliberative or aggregative, sensitive or insulated, electorally accountable or politically independent, and so on—is then a secondary matter. What is central is that the constitutional arrangements the people decide on are, first and foremost, democratically legitimated by the fact that they are the result of authentic popular sovereignty.. (shrink)

The responsible corporate officer doctrine is, as a formal matter, an instance of strict criminal liability: the government need not prove the defendant’s mens rea in order to obtain a conviction, and the defendant may not escape conviction by proving lack of mens rea. Formal strict liability is sometimes consistent with retributive principles, especially when the strict liability pertains to the grading of an offense. But is strict liability consistent with retributive principles when it pertains, not to grading, but to (...) whether the defendant has crossed the threshold from noncriminal to criminal conduct? In this essay, I review the two most plausible arguments supporting an affirmative answer in the context of the RCO doctrine. First, perhaps this doctrine reflects a rule-like form of negligence, akin to a rule that prohibits selling alcohol to a minor. Second, perhaps this doctrine expresses a duty to use extraordinary care to prevent a harm. Neither argument is persuasive. The first argument, although valid in some circumstances, fails to explain and justify the RCO doctrine. The second argument, a duty to use extraordinary care, is also inadequate. If “extraordinary care” simply means a flexibly applied negligence standard that considers the burdens and benefits of taking a precaution, it is problematic in premising criminal liability on ordinary negligence. If instead it refers to a higher duty or standard of care, it has many possible forms, such as requiring only a very slight deviation from a permissible or justifiable standard of conduct, placing a “thumb” on the scale of the Learned Hand test, identifying an epistemic standard more demanding than a reasonable person test, or recognizing a standard that is insensitive to individual capacities. However, some of these variations present a gratuitous or incoherent understanding of “negligence,” and none of them sufficiently explain and justify the RCO doctrine. (shrink)

Ronald Dworkin, né en 1931, est actuellement Professor of Jurisprudence à l’Université d’Oxford et Professor of Law à l’Université de New York. Après des études à Harvard College, à l’Université d’Oxford et à la Harvard Law School, il occupe le poste d’assistant auprès du juge Learned Hand, puis se..

This paper explores how the widely acknowledged conception of tort law as corrective justice is to be applied to the law of negligence. Corrective justice is an ordering of transactions between two parties which restores them to an antecedent equality. It is thus incompatible with the comprehensive aggregation of utilitarianism, and it stands in easy harmony with Kantian moral notions. This conception of negligence law excludes both maximizing theories, such as Holmes' and Posner's, and Fried's risk pool, which combines Kantianism (...) with distributive rather than corrective justice.Central to the Kantian approach is the impermissibility of self-preference. The two types of self-preference, self-preference in conception and self-preference in action can respectively account for the objective standard and the Learned Hand test, which are the two most characteristic features of negligence and which are generally (and wrongly) considered to be inescapably aggregative. This corrective justice conception of the negligence standard can then be compared to Epstein's corrective justice conception of strict liability, and arguments can be offered in favour of the superiority of the former. (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...) conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

In Law, Pragmatism and Democracy, Richard Posner wrestles with the ghost of John Dewey for the mantle of pragmatist jurisprudence. Most commentators have seen this work as pitting Posner against Dewey in a contest of pragmatisms, the stakes for which are no less than their respective legacies for legal and democratic theory. Some have sided with Posner and others with Dewey. I contend that the commentators have misidentified the target of Posner’s critique. Posner had another legal theorist in mind and (...) he was disingenuous in naming Dewey. A careful reconstruction of Posner’s argument shows that Dewey’s pragmatism provides a genuine middle way between Posner’s position and that of his intended rival. (shrink)

Having learned my just war theory at Michael Walzer’s figurative knee, for many years I accepted the independence of jus in bello from jus ad bellum unthinkingly. Just war theory consists of two separate parts, one concerning the legitimate grounds for going to war and the other the rules of engagement once war had begun. This two-part view, the “independence thesis,” went hand in hand with the “symmetry thesis,” or “the moral equality of soldiers”: soldiers whose cause (...) is unjust have the same rights to fight and to kill as those whose cause is just. But troubling questions sometimes crowded in. Doesn’t the justice of a country’s cause affect what actions it can legitimately take? Can’t victims of aggression legitimately do things aggressors cannot? Most fundamentally, “how can there be permissibly violent means of pursuing impermissible ends?”[1] Walzer casts glances at these problems when he proposes the idea of a “sliding scale,” in which the rules of war yield “slowly to the moral urgency of the cause: the rights of the righteous are enhanced, and those of their enemies devalued.”[2] He rejects the sliding scale in favor of the weaker qualification, “supreme emergency,” in which the rules of war are overridden “only in the face of an imminent catastrophe.”. (shrink)

This paper advocates learned in the religious context of liberation, the "theology," a concept can be reasonably applied to religious traditions other than Christianity. According to that "beyond the world community and how the phenomenon of contact" as a general theological issues, and Consciousness-only school of Buddhism, one of the major literature of the "photo Mahayana theory of" how to respond to this issue. In the "photo Mahayana theory" in this issue of "inaction of the Dharma Realm to save (...) sentient beings in the phenomenal world and promising" in the form of presentation. This stands for "photo Mahayana theory" to this problem, but through three Buddha body of theory. In short, the body of law to the Buddha Dharma and sentient beings as a contact intermediary. On the one hand, body of law as a Buddha in the phenomenal world to attend the results, which do not transcend the phenomenal world; other hand, the body of law were no wisdom to properly recognize the judicial system, and therefore associated with the Dharma Realm. Further, the body of law can not smell, good enough for practical enlightenment through the body of living beings must engage with the changes in the body, while the body of law and the relationship between the other two, is equivalent to no difference between the intellect and wisdom after that relationship. Finally, the "photo Mahayana theory" liberation school structure and Christianity's "Christology" of relief to make a simple comparison study architecture, and as a conclusion. This paper begins with arguing that within the larger context of soteriology, the notion of "theology" can be legitimately applied to other religious traditions than Christianity. Following this, I propose that the issue of how the realm of transcendence could relate to the realm of phenomenon can serve as an example of a general theological issue across religious boundaries. I then investigate how this issue is discussed in the Mahāyānasamgraha as a seminal text in the Buddhist Yogācāra tradition. In the Mahāyānasamgraha, the above issue is formulated as the question of how unconditioned Dharma-realm could save the sentient beings in the conditioned world. I argue that the asnwer provided in the Mahāyānasamgraha hinges on its theory of three bodies of the Buddha. In short, the Dharma-body bridges between the Dharma-realm and sentient beings. On the one hand, the Dharma-body is the result of a bodhisattva's enduring practice in the phenomenal world, and hence does not transcend over the phenomenal world; on the other hand, the Dharma-body correctly knows the Dharma- realm through the non-discriminating cognition , and hence relates to the Dharma-realm. Furthermore, since sentient beings cannot see the Dharma-body, they can be taught only by the Enjoyment-body and the Transformation-body of the Buddha. The relation between the Dharma-body and the other two bodies is identical to the relation between the non-discriminating cognition and the subsequently-acquired cognition . Finally, this paper ends with a brief comparison between the soteriological scheme in the Mahāyānasamgraha and the scheme reflected in the issue of Christology. (shrink)

Ethics has been discussed largely in the language of the father, Nel Noddings believes: in principles and propostions, in terms such as _justification,_ _fairness,_ and _equity._ The mother's voice has been silent. The view of ethics Noddings offers in this book is a feminine view. "This does not imply," she writes, "that all women will accept it or that most men will reject it; indeed there is no reason why men should not embrace it. It is feminine in the deep (...) classical sense—rooted in receptivity, relatedness, and responsiveness. It does not imply either that logic is to be discarded or that logic is alien to women. It represents an aternative to present views, one that begins with the moral attitude or longing for goodness and not with moral reasoning." What is at the basis of moral action? An altruism acquired by the application of rule and principle? Or, as Noddings asserts, caring and the memory of being cared for? With numerous examples to supplement her rich theoretical discussion, Noddings builds a compelling philosophical argument for an ethics based on natural caring, as in the care of a mother for her child. The ethical behavior that grows out of natural caring has at its core as care-filled receptivity to those involved in any moral situation, and leaves behind the rigidity of rule and principle to focus on what is particular and unique in human relations. "The hand that steadied us as we learned to ride our first bicycle did not provide propositional knowledge, but it guided and supported us all the same, and we finished up 'knowing how.'" Noddings's discussion is far-ranging, as she considers whether organizations, which operate at a remove from the caring relationship, can truly be called ethical. She discusses the extent to which we may truly care for plants, animals, or ideas. Finally, she proposes a realignment of education to encourage and reward not just rationality and trained intelligence, but also enhanced sensitivity in moral matters. (shrink)

Important lessons must be learned from the Bristol inquiryI was disturbed when I first read the following in an October 1998 issue of the Medical Journal of Australia."In June 1998, the Professional Conduct Committee of the General Medical Council of the United Kingdom concluded the longest running case it has considered [this] century. Three medical practitioners were accused of serious professional misconduct relating to 29 deaths in 53 paediatric cardiac operations undertaken at the Bristol Royal Infirmary between 1988 and (...) 1995. All three denied the charges but, after 65 days of evidence over eight months , all three were found guilty." "The doctors concerned are Mr James Wisheart, a paediatric and adult cardiac surgeon and the former Medical Director of the United Bristol Healthcare Trust; Mr Janardan Dhasmana, paediatric and adult cardiac surgeon; and Dr John Roylance, a former radiologist, and Chief Executive of the Trust." "The central allegations were that the Chief Executive and the Medical Director allowed to be carried out, and the two paediatric cardiac surgeons carried out, operations on children knowing that the mortality rates for these operations, in the hands of these surgeons, were high. Furthermore, the surgeons were accused of not communicating to the parents the correct risk of death for these operations in their hands.1"Mr Wisheart and Dr Roylance were subsequently struck off the medical register. Mr Dhasmana was disqualified from practising paediatric cardiac surgery for three years. The doctors required police protection as they left the General Medical Council hearing as furious parents shouted “murderer” and “bastard”.2Why did this occur?Dr Stephen Bolsin has presented a …. (shrink)

The most salient aspect of memory is its role in preserving previously acquired information so as to make it available for further activities. Anna realizes that something is amiss in a book on Roman history because she learned and remembers that Caesar was murdered. Max turned up at the party and distinctively remembers where he was seated, so he easily gets his hands on his lost cell phone. The fact that information is not gained anew distinguishes memory from perception. (...) The fact that information is preserved distinguishes memory from imagination. But how do acquisition and retrieval of information contribute to the phenomenology of memory?The exclusive aim of this chapter is to sketch a map of the phenomenology of memory. It is structured as follows. In section 1, I introduce the contrast between content (what is remembered) and psychological attitude (remembering). This distinction will be helpful in disentangling issues in the phenomenology of memory. Section 2 is devoted to the contribution of memory content to phenomenology, section 3 to the contribution of the attitude of remembering. (shrink)

Autonomy is a vital principle in medical law and ethics. It occupies a prominent place in all medico-legal and ethical debate. But there is a dangerous presumption that it should have the only vote, or at least the casting vote. This book is an assault on that presumption, and an audit of autonomy's extraordinary status. This book surveys the main issues in medical law, noting in relation to each issue the power wielded by autonomy, asking whether that power can be (...) justified, and suggesting how other principles can and should contribute to the law. It concludes that autonomy's status cannot be intellectually or ethically justified, and that positive discrimination in favour of the other balancing principles is urgently needed in order to avoid some sinister results. 'This book is a sustained attack on the hegemony of the idea of autonomy in medical ethics and law. Charles Foster is no respecter of authority, whether of university professors or of law Lords. He grabs his readers by their lapels and shakes sense into them through a combination of no-nonsense rhetoric and subtle argument that is difficult to resist.' Tony Hope, Professor of Medical Ethics, Oxford University 'This book is unlikely to be in pristine state by the time you have finished reading it. Whether that is because you have thrown it in the air in celebration or thrown it across the room in frustration will depend on your perspective. But this book cannot leave you cold. It is a powerful polemic on the dominance of autonomy in medical law, which demands a reaction. Charles Foster sets out a powerful case that academic medical lawyers have elevated autonomy to a status it does not deserve in either ethical or legal terms. In a highly engaging, accessible account, he challenges many of the views which have become orthodox within the academic community. This will be a book which demands and will attract considerable debate.' Jonathan Herring, Exeter College, Oxford University 'This is a learned, lively and thought-provoking discussion of problems central to the courts' approach to ethical issues in medical law. What principles are involved? More significantly, which really underlie and inform the process of seeking justice in difficult cases? Charles Foster persuasively argues, and demonstrates, that respect for autonomy is but one of a number of ethical principles which interact and may conflict. He also addresses the sensitive issue of the extent to which thoughts and factors which go to influence legal decisions may not appear in the judgments.' Adrian Whitfield QC. 'Introducing the Jake La Motta of medical ethics. Foster is an academic street-fighter who has bloodied his hands in the court room. He provides a stinging, relentless, ground attack on the Goliath of medical ethics: the central place of autonomy in liberal medical ethics. This is now the first port of call for those who feel that medical ethics has become autonomized.' Julian Savulescu, Uehiro Chair in Practical Ethics, University of Oxford. "This important book offers a robust challenge to anyone, whether lawyer or 'ethicist', who sees respect for autonomy as the only game in town. It argues eloquently and effectively that, on the one hand, despite the reverence paid to it by judges, in practice the law, even in the context of consent, weaves together a number of moral threads of which autonomy is merely one, in the pursuit of a good decision. It argues on the other hand, that were the day-to-day practice of law to be guided primarily by respect for autonomy, this would be wrong. Foster concludes that whilst, 'any society that does not have laws robustly protecting autonomy is an unsafe and unhappy one', so too would be a society in which too much emphasis was placed on respect for autonomy at the expense of other important moral principles. This is essential reading for anyone interested in the role of autonomy and indeed of medical ethics, in the law." Michael Parker, Professor of Bioethics, University of Oxford. (shrink)

In everyday situations, and particularly in some sport and working contexts, humans face an inherently unpredictable and uncertain environment. All sorts of unpredictable and unexpected things happen but typically people are able to skillfully adapt. In this paper, we address two key questions in cognitive science. First, how is an agent able to bring its previously learned skill to bear on a novel situation? Second, how can an agent be both sensitive to the particularity of a given situation, while (...) remaining flexibly poised for many other possibilities for action? We will argue that both the sensitivity to novel situations and the sensitivity to a multiplicity of action possibilities are enabled by the property of skilled agency that we will call metastable attunement. We characterize a skilled agent’s flexible interactions with a dynamically changing environment in terms of metastable dynamics in agent-environment systems. What we find in metastability is the realization of two competing tendencies: the tendency of the agent to express their intrinsic dynamics and the tendency to search for new possibilities. Metastably attuned agents are ready to engage with a multiplicity of affordances, allowing for a balance between stability and flexibility. On the one hand, agents are able to exploit affordances they are attuned to, while at the same time being ready to flexibly explore for other affordances. Metastable attunement allows agents to smoothly transition between these possible configurations so as to adapt their behaviour to what the particular situation requires. We go on to describe the role metastability plays in learning of new skills, and in skilful behaviour more generally. Finally, drawing upon work in art, architecture and sports science, we develop a number of perspectives on how to investigate metastable attunement in real life situations. (shrink)

This work attempts to show that the Scottish common sense philosophers Thomas Reid, James Oswald and James Beattie, had a substantial influence upon the development of German thought during the period of the late enlightenment. Their works were thoroughly reviewed in German philosophical journals and translated into German soon after they had appeared in English. Whether it was Mendelssohn, a rationalist, Lossius, a materialist, Feder, a sensationalist, Tetens, a critical empiricist, or Hamann and Jacobi, irrationalist philosophers of faith, important philosophers (...) read the Scots and found them relevant for the solution of their problems. The Scots were seen as not just opposing Hume's skepticism, but also as complementing his more positive tenets. The most important chapter of this work shows that even Kant, who in this regard is known only for his devastating criticism of the Scots, learned much from them. It is argued that the Scottish influence opens a new perspective for the understanding of the German enlightenment, revealing how central were the twin problems of idealism versus realism, on the one hand, and of philosophical justification versus mere descriptive metaphysics, on the other. (shrink)

Cognitive psychologists have uncovered a number of natural tendencies to systematic errors in thinking. This paper proposes some ways that intellectual character virtues might help correct these sources of epistemic unreliability. We begin with an overview of some insights from recent work in dual-process cognitive psychology regarding ‘biases and heuristics’, and argue that the dozens of hazards the psychologists catalogue arise from combinations and specifications of a small handful of more basic patterns of thinking. We expound four of these, and (...) sketch how they conspire to produce the myriad biases, heuristics, and illusions. We then offer accounts of two character virtues—self-vigilance and intellectual vitality—and explain how these virtues could help correct our error-prone thinking. The self-vigilant person appreciates her vulnerability to natural epistemic defects, is on the watch for cues to the working of these possible error-makers, and intelligently acts to correct for them. The intellectually vital person is naturally or has learned to be energetic, active, alert, attentive, and inquisitive, contrary to the natural tendency to cognitive laziness. We suggest that these intellectual virtues, like the moral virtues, will cluster in the personality, and will tend to be mutually reinforcing and mutually recruiting, even as each has its own corrective function. (shrink)

'A whole man, made of all men, worth all of them, and any one of them worth him.' This was how Jean-Paul Sartre characterized himself at the end of his autobiographical study, Words. And Bernard-Henri Levy shows how Sartre cannot be understood without taking into account his relations with the intellectual forebears and contemporaries, the lovers and friends, with whom he conducted a lifelong debate. His thinking was essentially a tumultuous dialogue with his whole age and himself. He learned (...) from Gide the art of freedom, and how to experiment with inherited fictional forms. He was a fellow-traveller of communism, and yet his relations with the Party were deeply ambiguous. He was fascinated by Freud but trenchantly critical of psychoanalysis. Beneath Sartre's complex and ever-mutating political commitments, Levy detects a polarity between anarchic individualism on the one hand, and a longing for absolute community that brought him close to totalitarianism on the other. Levy depicts Sartre as a man who could succumb to the twentieth century's catastrophic attraction to violence and the false messianism of its total political solutions, while also being one of the fiercest critics of its illusions and shortcomings. (shrink)

This article is an attempt at understanding the use that Abhinavagupta, the Kashmiri Śaiva philosopher and scholar of poetics, makes of a few concepts and theories stemming from the tradition of Vedic ritual exegesis. Its starting point is the detailed analysis of a key passage in Abhinavagupta’s commentary on the “aphorism on rasa” of the Nāṭyaśāstra, where the learned commentator draws an analogy between the operation of the non-prescriptive portions of the Veda in the ritual and the “generalisation” taking (...) place, according to him, in the appreciation of a work of art. Arguing against the tendency of modern historiography to explain this analogy exclusively in terms of Kumārila’s theory of effectuation in its two modalities, the article endeavours to show how Abhinavagupta relies on a variety of other textual sources he knew extensively and presumably first-hand. Some of them belong to the great Mīmāṃsaka tradition ; others, to different trends of medieval Brahmanism claiming exegetical heritage, as in the case of Jayanta Bhaṭṭa’s Nyāyamañjarī The nature of Abhinavagupta’s debt to Bhaṭṭa Nāyaka and his concept of bhāvanā is also reconsidered in light of these new findings. This investigation finally leads to identify, in the Abhinavabhāratī, an original theory of scriptural narratives and their efficacy, irreducible to any of its exegetical sources. According to this theory, mythological passages of the Veda directly prompt action, through the same capacity of abstraction or “de-temporalisation” that is at work in our appraisal of literature and theatre. (shrink)

Managers often ask why their firm should have an ethics program, especially if no one has complained about unethical behavior. The pursuit of business ethics can cost money, they say. It can lose sales to less scrupulous competitors and can drain management time and energy. But as Harvard business professor Francis Aguilar points out, ethics scandals (such as over Beech-Nut's erzatz "apple juice" or Sears's padded car repair bills) can severely damage a firm, with punishing legal penalties, bad publicity, and (...) irreparably injured customer relations. Equally important if less obvious, unethical behavior can undermine a firm's organizational spirit. On the other hand, Aguilar argues, in a well run firm, ethical programs can actually enhance corporate performance, strengthening the company at every level and supercharging employee risk taking and innovation. In Managing Corporate Ethics, Aguilar shows managers how to create ethical programs within their organizations that not only discourage large-scale wrongdoing, but can contribute substantially to the achievement of corporate excellence. Aguilar's program is down-to-earth and comprehensive, and based on his extensive research on highly successful, ethical companies, both large and small. He recommends action on three fronts: first, get senior management to provide effective ethical leadership; second, set up an ethics program that promotes concern for the interests of people affected by the firm's operations and that provides safeguards against corrupting business pressures; and third, staff the company with ethical people and surround the organization with ethical advisors (including legal, financial, accounting, tax, and marketing consultants). To illuminate this three-step program, Aguilar incorporates the lessons learned in his in-depth study of ten prominent firms with proven successful ethics programs--among them Hewlett-Packard, Johnson & Johnson, Nucor Steel, Cray Research, ServiceMaster, and Texas Instruments. He examines Lincoln Electric's attention to compensation and job security to ensure quality products and to reduce the pressure or temptation to act unethically. He shows how General Mills, while pushing product line managers to compete aggressively, uses corporate staff units to guard against illegal or unacceptable claims (testing cake recipes, for example, to see if a product's quality fails under the less-than-perfect conditions of a normal kitchen). And he details how Armstrong World Industries uses pep talks, inspirational stories, role models, and ready access to management to promote ethical standards among employees. Throughout, Aguilar demonstrates convincingly that an ethical program pays dividends: that employees, suppliers, customers, and the community at large know when they are being treated in a positive and constructive manner, and are likely to respond in kind. Packed with real life examples of successful (and failed) ethical programs, Managing Corporate Ethics is a valuable roadmap to an often overlooked source of business success. (shrink)

Over recent years, the stakes and complexity of online content moderation have been steadily raised, swelling from concerns about personal conflict in smaller communities to worries about effects on public life and democracy. Because of the massive growth in online expressions, automated tools based on machine learning are increasingly used to moderate speech. While ‘design-based governance’ through complex algorithmic techniques has come under intense scrutiny, critical research covering algorithmic content moderation is still rare. To add to our understanding of concrete (...) instances of machine moderation, this article examines Perspective API, a system for the automated detection of ‘toxicity’ developed and run by the Google unit Jigsaw that can be used by websites to help moderate their forums and comment sections. The article proceeds in four steps. First, we present our methodological strategy and the empirical materials we were able to draw on, including interviews, documentation, and GitHub repositories. We then summarize our findings along five axes to identify the various threads Perspective API brings together to deliver a working product. The third section discusses two conflicting organizational logics within the project, paying attention to both critique and what can be learned from the specific case at hand. We conclude by arguing that the opposition between ‘human’ and ‘machine’ in speech moderation obscures the many ways these two come together in concrete systems, and suggest that the way forward requires proactive engagement with the design of technologies as well as the institutions they are embedded in. (shrink)

A contrarian scientist wrestles with the big questions that modern physics raises, and what physics says about the human condition Not only can we not currently explain the origin of the universe, it is questionable we will ever be able to explain it. The notion that there are universes within particles, or that particles are conscious, is ascientific, as is the hypothesis that our universe is a computer simulation. On the other hand, the idea that the universe itself is (...) conscious is difficult to rule out entirely. According to Sabine Hossenfelder, it is not a coincidence that quantum entanglement and vacuum energy have become the go-to explanations of alternative healers, or that people believe their deceased grandmother is still alive because of quantum mechanics. Science and religion have the same roots, and they still tackle some of the same questions: Where do we come from? Where do we go to? How much can we know? The area of science that is closest to answering these questions is physics. Over the last century, physicists have learned a lot about which spiritual ideas are still compatible with the laws of nature. Not always, though, have they stayed on the scientific side of the debate. In this lively, thought-provoking book, Hossenfelder takes on the biggest questions in physics: Does the past still exist? Do particles think? Was the universe made for us? Has physics ruled out free will? Will we ever have a theory of everything? She lays out how far physicists are on the way to answering these questions, where the current limits are, and what questions might well remain unanswerable forever. Her book offers a no-nonsense yet entertaining take on some of the toughest riddles in existence, and will give the reader a solid grasp on what we know-and what we don't know. (shrink)

While many linguists view language as either a cognitive or a social phenomenon, it is clearly both: a language can live only in individual minds, but it is learned from examples of utterances produced by speakers engaged in communicative interaction. In other words, language is what (Keller 1994. On language change: The invisible hand in language. London: Taylor & Francis) calls a “phenomenon of the third kind”, emerging from the interaction of a micro-level and a macro-level. Such a (...) dual perspective helps us understand some otherwise puzzling phenomena, including “non-psychological” generalizations, or situations where a pattern which is arguably present in a language is not explicitly represented in most speakers’ minds. This paper discusses two very different examples of such generalizations, genitive marking on masculine nouns in Polish and some restrictions on questions with long-distance dependencies in English. It is argued that such situations are possible because speakers may represent “the same” knowledge at different levels of abstraction: while a few may have extracted an abstract generalization, others approximate their behaviour by relying on memorised exemplars or lexically specific patterns. Thus, a cognitively realistic usage-based construction grammar needs to distinguish between patterns in the usage of a particular speech community (a social phenomenon) and patterns in speakers’ minds (a cognitive phenomenon). (shrink)

Management scholars and social scientists investigate dynamics of subjective fairness perceptions in the workplace under the umbrella term “organizational justice.” Philosophers and ethicists, on the other hand, think of justice as a normative requirement in societal relationships with conflicting interests. Both ways of looking at justice have neither remained fully separated nor been clearly integrated. It seems that much could be gained and learned by more closely integrating the ethical and the empirical fields of justice. On the other (...) hand, it may simply not be possible to bridge the divide between the subjective empirical and the normative prescriptive justice as both fields pose different questions and rely on different assumptions and methods. In this paper, we propose a “reconciliation” model, as a third way of considering justice in the workplace, taking into account normative and psychological issues pertaining to justice. Through applying a reconciliation model, we provide a new way of looking at the interconnections between justice philosophy and organizational justice that could advance future research in both fields. Our model also implies that justice researchers can and should be concerned with the moral implications of their own subject of research. (shrink)