Hasian, Condit, and Lucaites argue that there is "a need for investigating and implementing procedures that would democratize the legal system"i and that the boundaries of the law provide a fruitful site for such investigation. I would argue that one particularly relevant site to recover such procedures is American Indian law. American Indian treaties, although more so in terms of their negotiation rather than their final form, are hybrid documents, combining elements from both indigenous and Western law. Because treaties exist (...) at the boundaries between two systems of law, they are positioned not only to illuminate differences in practice but also to shed light on the balance of power between Indian nations and the U.S. government. Evidence of law's boundaries can be found, for example, in the adherence to, or abandonment of, indigenous practices of law over time. The journals of the proceedings in particular, which recorded the negotiation of the treaties, also documented cultural understandings of power, leadership, human relations, and attitudes toward the land. So if ever there were an opportunity to investigate and implement procedures leading to a more democratized legal system, this would be one. ;Traditional American Indian communication practices were not, and still are not, empty rituals or colorful customs of an exotic culture performed for the entertainment of outsiders. Neither are American Indian law practices the quaint customs of a long-gone past but living traditions still practiced today. I document this continuity in practice by investigating two sites: first, the historical journal of the proceedings from the 1825 Treaty of Prairie du Chien, and then in the contemporary rhetoric of their descendents, Anishinaabe environmental activists. Rhetorical analyses of these texts reveal not only American Indian concepts of law, peace, and kinship but also an environmental ethic, all based upon a rhetoric of responsibility rather than rights. ;Treaties may always be the primary written documents scrutinized in the courts when treaty rights are being asserted or challenged, but if we were serious about democratizing our legal system, then we would do well to implement many of the traditional communication practices rooted in our indigenous heritage. ;iMarouf Hasian, Jr., Celeste Michelle Condit, and John Louis Lucaites, "The Rhetorical Boundaries of 'the Law': A Consideration of the Rhetorical Culture of Legal Practice and the Case of the 'Separate But Equal' Doctrine," Quarterly Journal of Speech 82 , 339. (shrink)

© 2017. The American Astronomical Society. All rights reserved.We present new observations of the low-mass companion to HD 984 taken with the Gemini Planet Imager as a part of the GPI Exoplanet Survey campaign. Images of HD 984 B were obtained in the J and H bands. Combined with archival epochs from 2012 and 2014, we fit the first orbit to the companion to find an 18 au orbit with a 68% confidence interval between 14 and 28 au, an eccentricity (...) of 0.18 with a 68% confidence interval between 0.05 and 0.47, and an inclination of 119°with a 68% confidence interval between 114°and 125°. To address the considerable spectral covariance in both spectra, we present a method of splitting the spectra into low and high frequencies to analyze the spectral structure at different spatial frequencies with the proper spectral noise correlation. Using the split spectra, we compare them to known spectral types using field brown dwarf and low-mass star spectra and find a best-fit match of a field gravity M6.5 ±1.5 spectral type with a corresponding temperature of K. Photometry of the companion yields a luminosity of log=2.88 ± 0.07 dex with DUSTY models. Mass estimates, again from DUSTY models, find an age-dependent mass of 34 ±1 to 95 ±4 M Jup. These results are consistent with previous measurements of the object. (shrink)

This book's importance is derived from three sources: careful conceptualization of teacher induction from historical, methodological, and international perspectives; systematic reviews of research literature relevant to various aspects of teacher induction including its social, cultural, and political contexts, program components and forms, and the range of its effects; substantial empirical studies on the important issues of teacher induction with different kinds of methodologies that exemplify future directions and approaches to the research in teacher induction.

Two problems are considered here. One relates to who has moral status, and the other relates to who has moral responsibility. The criteria for mattering morally have long been disputed, and many humans and nonhuman animals have been considered “marginal cases,” on the contested edges of moral considerability and concern. The marginalization of humans and other species is frequently the pretext for denying their rights, including the rights to health care, to reproductive freedom, and to bodily autonomy. There is broad (...) agreement across cultural and philosophical traditions about the capacities and responsibilities of moral agents. I propose an inclusive and expansive way of thinking about moral status, situating it not in the characteristics or capacities of individuals, but in the responsibilities and obligations of moral agents. Moral agents, under this view, are not privileged or entitled to special treatment but rather have responsibilities. I approach this by considering some African communitarian conceptions of moral status and moral agency. I propose that moral agency can also be more expansive and include not just individual moral agents but collective entities that have some of the traits of moral agents: power, freedom, and the capacity to recognize and act on the demands of morality and acknowledge and respect the rights of others. Expanding who and what is a moral agent correspondingly extends moral responsibility for respecting rights and fostering the conditions for the health and well-being of humans and animals onto the collective entities who uniquely have the capacity to attend to global-scale health threats such as pandemics and human-caused climate change. (shrink)

This article presents a fundamental advance in the theory of mental models as an explanation of reasoning about facts, possibilities, and probabilities. It postulates that the meanings of compound assertions, such as conditionals (if) and disjunctions (or), unlike those in logic, refer to conjunctions of epistemic possibilities that hold in default of information to the contrary. Various factors such as general knowledge can modulate these interpretations. New information can always override sentential inferences; that is, reasoning in daily life is defeasible (...) (or nonmonotonic). The theory is a dual process one: It distinguishes between intuitive inferences (based on system 1) and deliberative inferences (based on system 2). The article describes a computer implementation of the theory, including its two systems of reasoning, and it shows how the program simulates crucial predictions that evidence corroborates. It concludes with a discussion of how the theory contrasts with those based on logic or on probabilities. (shrink)

The theory of mental models and its computer implementations have led to crucial experiments showing that no standard logic—the sentential calculus and all logics that include it—can underlie human reasoning. The theory replaces the logical concept of validity (the conclusion is true in all cases in which the premises are true) with necessity (conclusions describe no more than possibilities to which the premises refer). Many inferences are both necessary and valid. But experiments show that individuals make necessary inferences that are (...) invalid, e.g., Few people ate steak or sole; therefore, few people ate steak. Other crucial experiments show that individuals reject inferences that are not necessary but valid, e.g., He had the anesthetic or felt pain, but not both; therefore, he had the anesthetic or felt pain, or both. Nothing in logic can justify the rejection of a valid inference: a denial of its conclusion is inconsistent with its premises, and inconsistencies yield valid inferences of any conclusions whatsoever including the one denied. So inconsistencies are catastrophic in logic. In contrast, the model theory treats all inferences as defeasible (nonmonotonic), and inconsistencies have the null model, which yields only the null model in conjunction with any other premises. So inconsistences are local. Which allows truth values in natural languages to be much richer than those that occur in the semantics of standard logics; and individuals verify assertions on the basis of both facts and possibilities that did not occur. (shrink)

Bernat argues for a unified brain-based determination of death (UBDD), noting that it “conceptually justifies” death determination both in Donation after Circulatory Determination of Death (DCDD) a...

The faith in progress that propelled the West for over four centuries is in decline due to its own success. The emergence of capitalism with its novel market imperatives has created both the poverty that causes political crises and the material growth that has destabilized the Earth’s climate. There is a growing sense that we are dominated by the technologies and social organizations that we hoped would liberate us. Individualism and secularity have left people feeling isolated and without a sense (...) of higher purpose, leading some to reject Enlightenment values in favor of traditionalisms and even neofascism. In universities, faculty struggle to prove their utility and relevance, because they cannot guarantee their graduates a decent living in a world of automation and globalized production. As a result of these trends, the West’s ability to produce responsible citizens is in question. Our students are largely inured to appeals to transcendent values because they are urged to be “practical.” Faculty are no longer encouraged to care about the character-building nature of a liberal education. United States universities are in danger of not having an independent voice, as those departments that can consistently get major external funding seek commercial applications for the products of their research. In the United States, ideologically based harassment and censorship of unpopular ideas takes place regularly and is a major deterrent to pursuing a career in higher education. Given these challenges, can intellectuals still make a difference in universities? Many have taken to social media and other ways of getting their ideas around the increasingly steep paywalls of academic publications and the de facto censorship in their institutions. Some of the most vibrant exchanges of ideas are now happening in other places, largely online. These venues draw in people who are trying their best to learn something they are unlikely to learn at universities. But are such alternatives truly sustainable or good enough? Higher education is at a crossroads in which even this “retreat and regroup” strategy is highly problematic. (shrink)

The behavioral sciences have come under attack for writings and speech that affront sensitivities. At such times, academic freedom and tenure are invoked to forestall efforts to censure and terminate jobs. We review the history and controversy surrounding academic freedom and tenure, and explore their meaning across different fields, at different institutions, and at different ranks. In a multifactoral experimental survey, 1,004 randomly selected faculty members from top-ranked institutions were asked how colleagues would typically respond when confronted with dilemmas concerning (...) teaching, research, and wrong-doing. Full professors were perceived as being more likely to insist on having the academic freedom to teach unpopular courses, research controversial topics, and whistle-blow wrong-doing than were lower-ranked professors (even associate professors with tenure). Everyone thought that others were more likely to exercise academic freedom than they themselves were, and that promotion to full professor was a better predictor of who would exercise academic freedom than was the awarding of tenure. Few differences emerged related either to gender or type of institution, and behavioral scientists' beliefs were similar to scholars from other fields. In addition, no support was found for glib celebrations of tenure's sanctification of broadly defined academic freedoms. These findings challenge the assumption that tenure can be justified on the basis of fostering academic freedom, suggesting the need for a re-examination of the philosophical foundation and practical implications of tenure in today's academy. (Published Online February 8 2007) Key Words: academia; academic freedom; ethical issues; faculty beliefs; professoriate; promotion; scientific misconduct; tenure; whistle-blowing. (shrink)

In 2018 Academic Placement Data and Analysis ran a survey of doctoral students and recent graduates on the topics of diversity and inclusivity in collaboration with the Graduate Student Council and Data Task Force of the American Philosophical Association. We submitted a preliminary report in Fall 2018 that describes the origins and procedure of the survey [1]. This is our final report on the survey. We first discuss the demographic profile of our survey participants and compare it to the United (...) States general population, its doctoral students, and APA membership, finding several areas of underrepresentation (i.e. gender, race/ethnicity, socioeconomic, and veteran status). We then discuss the results of questions regarding diversity and inclusivity. We find, for instance, that participant comfort in philosophy depends on gender, sexuality, race/ethnicity, disability, and language status and that participants most often mentioned the theme of diversity when asked how philosophy could be more inclusive. Finally, we discuss the results of questions related to graduate program and placement. We find, for example, that underrepresented graduates are both less likely to recommend their graduate program to others and less likely to prefer an academic job. We close by making some recommendations for the APA and for the discipline based on our findings. (shrink)

AimsThis study evaluates a protocol for early, routine ethics consultation for patients on extracorporeal membrane oxygenation to support decision-making in the context of clinical uncertainty with the aim of mitigating ethical conflict and moral distress.MethodsWe conducted a single-site qualitative analysis of EC documentation for all patients receiving ECMO support from 15 August 2018 to 15 May 2019. Detailed analysis of 20 ethically complex cases with protracted ethics involvement identifies four key ethical domains: limits of prognostication, bridge to nowhere, burden of (...) treatment and system-level concerns. There are three subthemes: relevant contextual factors, the role of EC and observed outcomes. Content analysis of transcripts from interviews with 20 members of the multidisciplinary ECMO team yields supplemental data on providers’ perceptions of the impact of the early intervention protocol.ResultsLimited outcome data for ECMO, unclear indications for withdrawal, adverse effects of treatment and an obligation to attend to programme metrics present significant ethical challenges in the care of this patient population. Upstream EC mitigates ethical conflict by setting clear expectations about ECMO as a time limited trial, promoting consistent messaging among multiple services and supporting surrogate decision-makers. When ECMO becomes a ‘bridge to nowhere’, EC facilitates decision-making that respects patient values yet successfully sets limits on non-beneficial use of this novel therapy.ConclusionData from this study support the conclusion that ECMO poses unique ethical challenges that necessitate a standardised protocol for early, routine EC—at least while this medical technology is in its nascent stages. (shrink)

We have arrived at an inflection point, a moment in history when the sentience, conscious- ness, intelligence, agency, and even the moral agency of many nonhuman animals can no longer be questioned without ignoring centuries of accumulated scientific knowledge. Nowhere is this more true than in our understanding of nonhuman primates (NHPs). A neu- roethics committed to probing the ethical implications of brain research must be able to respond to and anticipate the challenges ahead as brain projects globally prepare to (...) increase the use of NHPs in research. This requires adopting a less anthropocentric focus that includes nonhuman animals within its scope. But the Neuroethics Roadmap represents a missed opportunity to critically examine the future direction of research with NHPs in an ethically-responsive neuroscience. (shrink)

What holds together the various fields that are supposed to consititute the general intellectual discipline that people now call cognitive science? In this book, Erneling and Johnson identify two problems with defining this discipline. First, some theorists identify the common subject matter as the mind, but scientists and philosophers have not been able to agree on any single, satisfactory answer to the question of what the mind is. Second, those who speculate about the general characteristics that belong to cognitive (...) science tend to assume that all the particular fields falling under the rubric--psychology, linguistics, biology, and son on--are of roughly equal value in their ability to shed light on the nature of mind. This book argues that all the cognitive science disciplines are not equally able to provide answers to ontological questions about the mind, but rather that only neurophysiology and cultural psychology are suited to answer these questions. However, since the cultural account of mind has long been ignored in favor of the neurophysiological account, Erneling and Johnson bring together contributions that focus especially on different versions of the cultural account of the mind. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Driven from Home: Protecting the Rights of Forced Migrants Edited by David Hollenbach, SJ, and: Kinship across Borders: A Christian Ethic of Immigration by Kristen HeyerRené M. Micallef SJDriven from Home: Protecting the Rights of Forced Migrants EDITED BY DAVID HOLLENBACH, SJ Washington DC: Georgetown University Press, 2010. 296 pp. $20.46Kinship across Borders: A Christian Ethic of Immigration KRISTEN HEYER Washington DC: Georgetown University Press, 2012. 210 pp. (...) $29.23Although based on a conference held at Boston College in November 2008, Driven from Home is no less timely today, given the context of current debates on immigration in the United States, the European Union, Australia, and the Middle East. David Hollenbach’s introduction explains how the book brings together Christian (mostly Catholic) theologians, human rights activists, humanitarian practitioners, and legal scholars to help us focus on a class of persons referred to as “forced migrants” or “persons needing protection.” These individuals are neither classical “convention refugees” (according to international law definitions) nor are they simply “migrant workers” (in the classical sense) since their basic human rights to security and subsistence cannot [End Page 230] be adequately guaranteed in their home country or region. They do not emigrate merely in search of a higher standard of living; rather, forced migrants enter and settle in foreign lands seeking some sort of “protection” similar to that afforded to “conventional” refugees. More concretely, the book focuses on persons on the move—individuals fleeing violence and the extreme poverty rampant in regions devastated by ecological degradation and natural disasters.Extending the logic of the 1952 Refugee Convention and adapting it to the realities of today, one can argue convincingly that the international community has a duty to protect such persons when their states of origin are structurally unable or unwilling to afford protection (as argued in Susan Martin’s essay). However, paternalistic approaches that diminish rather than augment the agency of local governments and migrants are to be avoided (as maintained in M. Brinton Lykes’ essay). The book helps us reflect on what can be done to guarantee the basic rights of forced migrants not only at the level of international law and institutions but also through domestic and regional policymaking spurred and inspired by both Christian and secular global-humanitarian values. Such values are eminently compatible when applied to this particular issue (see Silvano Tomasi’s contribution). Agbonkhianmeghe Orobator’s essay—which offers insightful reflections (albeit rather general ones) from Christian ethics, ecclesiology, and biblical theology—likewise points to the need for a truly interdisciplinary approach to the issue. The other authors help the book achieve precisely this. Theological ethics finds its own distinctive place and voice in dialogue with a range of perspectives: legal and political sciences and case studies (Frank Brennan, Daniel Kanstroom); philosophical approaches (Arash Abizadeh); and sociological research on particular migrant populations (M. Brinton Lykes, Maryanne Loughry). The book includes essays that integrate case studies, technical reflections, useful summaries of theological principles and doctrines (J. Bryan Hehir, Mary M. DeLorey, and Tomasi), and philosophical stances (Abizadeh, Thomas G. Weiss), and present practical and legal proposals (see Martin’s essay). A stimulating read for scholars and for the general public, the volume provides good training material for faith-based activists and practitioners.The argumentation strategy in many of the essays in Driven from Home is to appeal to the reader’s sense of solidarity with the needy or suffering neighbor. It promotes the virtues of hospitable citizenship and hospitable disciple-ship while carefully trying to convince national and international policymakers to reinforce and expand the international protection regime. Emboldened by the 2005 “Responsibility to Protect” breakthrough at the United Nations, the authors seek to remain acceptable to a wide audience in an atmosphere of resurgent nationalism, nativism, and protectionism. The authors generally avoid harsh critiques of Westphalian models of sovereignty and do not dwell [End Page 231] on the Catholic doctrines of the universal destination of created goods and the (circumscribed) right to immigrate (and not only to emigrate). Rather, they seek to introduce a new protection niche without fundamentally challenging the prevailing ideology of sovereignty, gently proposing new legal instruments as though they... (shrink)

The phenomenon whereby severely disabled persons self-report a higher than expected level of subjective well-being is called the “disability paradox.” One explanation for the paradox among brain injury survivors is “response shift,” an adjustment of one’s values, expectations, and perspective in the aftermath of a life-altering, disabling injury. The high level of subjective well-being appears paradoxical when viewed from the perspective of the non-disabled, who presume that those with severe disabilities experience a quality of life so poor that it might (...) make their lives not worth living. This presumption has profound consequences, for it may inform end-of-life choices made in advance directives, or influence decisions made by surrogates on behalf of persons who are unable to direct their own medical treatment. -/- Peterson et al propose a cautious, well-considered plan to use fMRI-based brain-computer interfaces to assess the decision making capacity of covertly aware, behaviorally non-responsive individuals who retain high levels of preserved cognition. Their plan, if it succeeds, could eventually restore autonomy and empower some severely disabled persons, allowing them to participate in clinical decision making. Peterson et al discuss possible in-principle objections to their proposal, among them the “argument from psychological health,” and the “changing sets of values” objection. These objections both presume that deviations from a pre-injury norm could indicate diminished decision making capacity. This presumption threatens the autonomy of the patient who is capable of making decisions, but whose post-injury decisions appear to diverge from pre-injury preferences or values. In light of the potential for response shift, and the disability paradox, it should not be inferred that changes in values or preferences are unreflective of the true current preferences of a brain-injured person, nor are they conclusive evidence of diminished capacity. Presuming diminished capacity on the basis of unexpected or unconventional preferences has, in the past, been used to disempower patients whose autonomy and capacity would not have been doubted had they made choices that accorded with the expectations or values of others. We must be cautious, and vigilant, to prevent similarly diminishing the autonomy of covertly aware, behaviorally non-responsive individuals on the basis of empirically and ethically questionable inferences about their decision making capacity. (shrink)

Often machine learning programs inherit social patterns reflected in their training data without any directed effort by programmers to include such biases. Computer scientists call this algorithmic bias. This paper explores the relationship between machine bias and human cognitive bias. In it, I argue similarities between algorithmic and cognitive biases indicate a disconcerting sense in which sources of bias emerge out of seemingly innocuous patterns of information processing. The emergent nature of this bias obscures the existence of the bias itself, (...) making it difficult to identify, mitigate, or evaluate using standard resources in epistemology and ethics. I demonstrate these points in the case of mitigation techniques by presenting what I call ‘the Proxy Problem’. One reason biases resist revision is that they rely on proxy attributes, seemingly innocuous attributes that correlate with socially-sensitive attributes, serving as proxies for the socially-sensitive attributes themselves. I argue that in both human and algorithmic domains, this problem presents a common dilemma for mitigation: attempts to discourage reliance on proxy attributes risk a tradeoff with judgement accuracy. This problem, I contend, admits of no purely algorithmic solution. (shrink)

A core symptom of anxiety disorders is the tendency to interpret ambiguous information as threatening. Using EEG and BOLD-MRI, several studies have begun to elucidate brain processes involved in fear-related perceptual biases, but thus far mainly found evidence for general hypervigilance in high fearful individuals. Recently, multi-voxel pattern analysis (MVPA) has become popular for decoding cognitive states from distributed patterns of neural activation. Here, we used this technique to assess whether biased fear generalization, characteristic of clinical fear, is already present (...) during the initial perception and categorization of a stimulus, or emerges during the subsequent interpretation of a stimulus. Individuals with low spider fear (LSF, n = 20) and high spider fear (HSF, n = 18) underwent functional MRI scanning while viewing series of schematic flowers morphing to spiders. In line with previous studies, individuals with high fear of spiders were behaviorally more likely to classify ambiguous morphs as spiders than individuals with low fear of spiders. Univariate analyses of BOLD-MRI data revealed stronger activation towards spider pictures in high fearful individuals compared to low fearful individuals in numerous areas. Yet, neither average activation, nor support vector machine classification (i.e. a form of MVPA) matched the behavioral results - i.e., a biased response towards ambiguous stimuli - in any of the regions of interest. This may point to limitations of the current design, and to challenges associated with classifying emotional and neutral stimuli in groups that differ in their judgment of emotionality. Improvements for future research are suggested. (shrink)

What is a bias? Standard philosophical views of both implicit and explicit bias focus this question on the representations one harbours, for example, stereotypes or implicit attitudes, rather than the ways in which those representations are manipulated. I call this approach representationalism. In this paper, I argue that representationalism taken as a general theory of psychological social bias is a mistake, because it conceptualizes bias in ways that do not fully capture the phenomenon. Crucially, this view fails to capture a (...) heretofore neglected possibility of bias, one that influences an individual’s beliefs about or actions toward others, but is, nevertheless, nowhere represented in that individual’s cognitive repertoire. In place of representationalism, I develop a functional account of psychological social bias which characterizes it as a mental entity that takes propositional mental states as inputs and returns propositional mental states as outputs in a way that instantiates social-kind inductions. This functional characterization leaves open which mental states and processes bridge the gap between the inputs and outputs, ultimately highlighting the diversity of candidates that can serve this role. (shrink)

What holds together the various fields, which - considered together - are supposed to constitute the general intellectual discipline that people now call cognitive science? Some theorists identify the common subject matter as the mind, but scientists have not been able to agree on any single, satisfactory answer to the question of what the mind is. This book argues that all cognitive sciences are not equal, and that rather only neurophysiology and cultural psychology are suited to account for the mind's (...) ontology. (shrink)

As inductive decision-making procedures, the inferences made by machine learning programs are subject to underdetermination by evidence and bear inductive risk. One strategy for overcoming these challenges is guided by a presumption in philosophy of science that inductive inferences can and should be value-free. Applied to machine learning programs, the strategy assumes that the influence of values is restricted to data and decision outcomes, thereby omitting internal value-laden design choice points. In this paper, I apply arguments from feminist philosophy of (...) science to machine learning programs to make the case that the resources required to respond to these inductive challenges render critical aspects of their design constitutively value-laden. I demonstrate these points specifically in the case of recidivism algorithms, arguing that contemporary debates concerning fairness in criminal justice risk-assessment programs are best understood as iterations of traditional arguments from inductive risk and demarcation, and thereby establish the value-laden nature of automated decision-making programs. Finally, in light of these points, I address opportunities for relocating the value-free ideal in machine learning and the limitations that accompany them. (shrink)

In this study on deduction, the authors argue that people reason by imagining the relevant state of affairs, ie building an internal model of it, formulating a tentative conclusion based on this model and then searching for alternative models.