De minimis defenses are an understudied aspect of law, appearing in legal practice more often than in legal theory but rarely garnering any type of extensive analysis in either. This has led to an unfortunate state of affairs in which one term is applied to a set of practices that are, at best, only loosely connected. Using Paul Robinson’s system of defense types, this paper will illustrate the various roles and functions the de minimis defense plays in our legal system. (...) In doing so, it will highlight the dangers of viewing the defense as monolithic and suggest that our terminology surrounding de minimis ought to be revised due to the differing justifications that support the application of each de minimis type. (shrink)

In “Abetting a Crime,” Husak puzzles over what, exactly, abettors are held liable for. Having dismissed the proposal that derivative liability can ground the imposition of punishment, he then turns to fair labeling concerns to further highlight problems surrounding current Anglo-American complicity laws. The best moral solution, according to Husak, is a drastic but ultimately unworkable revising of our laws. Loosely, he presents a two-horned dilemma: the laws are either insufficiently detailed to respect fair labeling practices or too detailed to (...) be workable. Though I agree with his assessment derivative liability, I advocate for a more optimistic outlook. Specifically, I advocate for having multiple new crimes of “abetting _____,” where the blank is filled in by reference to a particular existing crime for which we think it should be wrongful to help another. This framework offers significant advantages over current complicity laws while escaping the two pitfalls Husak highlights. (shrink)

The law and society occasionally impute consent to an agent despite a clear lack of actual consent. A common type of such ‘fictitious consent’ is constructive consent. In this practice, we treat an agent as if she consented to Φ because she did Ψ. By examining how constructive consent operates in law and daily life, I show that our treatment of agents in these cases bears no normatively relevant resemblance to consent because it is grounded in values and concerns other (...) than autonomy. Thus, the practice may diminish the very autonomy consent proper seeks to promote. Hiding this potential for conflict creates the risk moral concerns will not be appropriately balanced when deciding on the permissibility of an action. We thus ought to be explicit that such cases don’t involve consent and its common justification. (shrink)

To promote ethical practices, healthcare managers must understand the ethical challenges encountered by key stakeholders. To characterize ethical challenges in Veterans Administration (VA) facilities from the perspectives of managers, clinicians, patients, and ethics consultants. We conducted focus groups with patients (n = 32) and managers (n = 38); semi-structured interviews with managers (n = 31), clinicians (n = 55), and ethics committee chairpersons (n = 21). Data were analyzed using content analysis. Managers reported that the greatest ethical challenge was fairly (...) distributing resources across programs and services, whereas clinicians identified the effect of resource constraints on patient care. Ethics committee chairpersons identified end-of-life care as the greatest ethical challenge, whereas patients identified obtaining fair, respectful, and caring treatment. Perspectives on ethical challenges varied depending on the respondent's role. Understanding these differences can help managers take practical steps to address these challenges. Further, ethics committees seemingly, are not addressing the range of ethical challenges within their institutions. (shrink)

To promote ethical practices, healthcare managers must understand the ethical challenges encountered by key stakeholders. To characterize ethical challenges in Veterans Administration facilities from the perspectives of managers, clinicians, patients, and ethics consultants. We conducted focus groups with patients and managers ; semi-structured interviews with managers, clinicians, and ethics committee chairpersons. Data were analyzed using content analysis. Managers reported that the greatest ethical challenge was fairly distributing resources across programs and services, whereas clinicians identified the effect of resource constraints on (...) patient care. Ethics committee chairpersons identified end-of-life care as the greatest ethical challenge, whereas patients identified obtaining fair, respectful, and caring treatment. Perspectives on ethical challenges varied depending on the respondent's role. Understanding these differences can help managers take practical steps to address these challenges. Further, ethics committees seemingly, are not addressing the range of ethical challenges within their institutions. (shrink)

Management plays an important role in reinforcing ethics in organizations. To support this aim, managers must use incentive and goal programs in ethical ways. This study examines experimentally the potential ethical costs associated with incentive-driven and goal-induced employee behavior from a managerial perspective. In a quasi-experimental setting, 243 MBA students with significant professional work experience evaluated a hypothetical employee’s ethical behavior under incentive pay systems modeled on a business case. In the role of the employee’s manager, participants evaluated the ethicality (...) of the employee’s incentive-driven and goal-induced ethical/unethical behavior and the outcomes of behavior, with consequences that were either favorable or unfavorable to the organization. The results indicated that participants discounted the ethical considerations of incentive-driven and goal-induced behavior when consequences were favorable to the organization. Participants’ morals and outcome orientations were also significantly related to their ethical judgments and intentions to intervene. The implications of these findings for research and practice are discussed. (shrink)

Extending her earlier work on a theory of human rights in her 1993 Operative Rights, Singer (emerita, American philosophy presumably, City U. of New York) critiques philosophies from Rousseau to Kymlicka in clarifying her views--influenced by Dewey and Mead (George Herbert, not Margaret)--and applying them to such issues as multiculturalism, minority rights, and conflict resolution. The analysis pivots on her concept of "a normative community" rather than natural rights. Annotation copyrighted by Book News, Inc., Portland, OR.

The application of artificial intelligence and machine learning technologies in healthcare have immense potential to improve the care of patients. While there are some emerging practices surro...

On a version of consent theory that tempts many, predatory sexual relations involving significant power imbalances (e.g. between professors and students, adults and teenagers, or employers and employees) are wrong because they violate consent-centric norms. In particular, the wronged party is said to have been incapable of consenting to the predation, and the sexual wrong is located in the encounter’s nonconsensuality. Although we agree that these are sexual wrongs, we resist the idea that they are always nonconsensual. We argue instead (...) that it is possible for students, teenagers, employees, etc. to fully consent to sexually predatory encounters; denying as much renders survivors of predation vulnerable to compounding harms. Survivors face a dilemma: give up either their understanding of their experience as wrong, or their self-conception as an agent capable of consenting. We call the latter phenomenon agential demotion. (shrink)

Inherent in providing healthcare for youth lie tensions among best interests, decision-making capacity, rights, and legal authority. Transgender youth experience barriers to needed gender-affirming care, often rooted in ethical and legal issues, such as healthcare provider concerns regarding youth capacity and rights to consent to hormone therapy. Even when decision-making capacity is present, youth may lack the legal authority to give consent. The aims of this paper are therefore to provide an empirical analysis of minor trans youth capacity to consent (...) to hormone therapy and to address the normative question of whether there is ethical justification for granting trans youth the authority to consent to this care. Through qualitative content analysis of interviews with trans youth, parents, and healthcare providers, we found that trans youth demonstrated the understandings and abilities characteristic of the capacity to consent to hormone therapy and that they did consent to hormone therapy with positive outcomes. Employing deontological and consequentialist reasoning and drawing on a foundation of empirical evidence, human rights, and best interests we conclude that granting trans youth with decisional capacity both the right and the legal authority to consent to hormone therapy via the informed consent model of care is ethically justified. (shrink)

In October of 2014, news outlets began reporting on a case of a lesbian couple suing a sperm bank for receiving the wrong donor's sperm.1 As the lawsuit Cramblett v. Midwest Sperm Bank alleged, not only did the couple receive the wrong donor's sperm but they had specifically chosen a white donor with blonde hair and blue eyes and the sperm they received had been from a black donor.2 Both women were white. The couple gave birth to a black/mixed-race child (...) in 2012 and claimed that their daughter's race posed particular challenges for their family, from facing prejudice in their nearly all white community to difficulties dealing with their daughter's hair. The couple sued for "wrongful birth" and "breach of warranty,"... (shrink)

Alix Cohen argues that the function of feeling in Kantian psychology is to appraise and orient activity. Thus she sees feeling and agency as importantly connected by Kant’s lights. I endorse this broader claim, but argue that feeling, on her account, cannot do the work of orientation that she assigns to it.

This article explains the problems with Alan Shewmon’s critique of brain death as a valid sign of human death, beginning with a critical examination of his analogy between brain death and severe spinal cord injury. The article then goes on to assess his broader argument against the necessity of the brain for adult human organismal integration, arguing that he fails to translate correctly from biological to metaphysical claims. Finally, on the basis of a deeper metaphysical analysis, I offer a revised (...) rationale for the validity of the neurological criterion of human death. (shrink)

“My first long haul flight that didn’t fill up and an empty row for me. I have been blessed by the algorithm ”. The phrase ‘blessed by the algorithm’ expresses the feeling of having been fortunate in what appears on your feed on various social media platforms, or in the success or virality of your content as a creator, or in what gig economy jobs you are offered. However, we can also place it within wider public discourse employing theistic conceptions (...) of AI. Building on anthropological fieldwork into the ‘entanglements of AI and Religion’, this article will explore how ‘blessed by the algorithm’ tweets are indicative of the impact of theistic AI narratives: modes of thinking about AI in an implicitly religious way. This thinking also represents continuities that push back against the secularisation thesis and other grand narratives of disenchantment that claim secularity occurs because of technological and intellectual progress. This article will also explore new religious movements, where theistic conceptions of AI entangle technological aspirations with religious ones. (shrink)

L’auteur cherche à montrer cru’un appel à l’évidence intuitive pour fonder les mathématiques n’est ni rejetable, ni évitable,. Cet appel à l’intuition nécessite un fondement subjectif des mathématiques à côté du fondement objectif.

For trans youth, the experience of gender differs from expectations based on sex assigned at birth (Frohard-Dourlent, Dobson, Clark, Duoll, & Saewyc, 2016). To support gender health—the ability to...

The debate over foundationalism, the viewpoint that there exists some secure foundation upon which to build a system of knowledge, appears to have been resolved and the antifoundationalists have at least temporarily prevailed. From a firmly historical approach, the book traces the foundationalism/antifoundationalism controversy in the work of many important figures Animaxander, Aristotle and Plato, Augustine, Descartes, Hegel and Nietzsche, Habermas and Chisholm, and others throughout the history of philosophy. The contributors, Joseph Margolis, Ronald Polansky, Gary Calore, Fred and Emily (...) Michael, William Wurzer, Charlene Haddock Siegfried, Sandra B. Rosenthal, Kathleen Wallace, and the editors present well the diversity, interest, and roots of antifoundationalism. Tom Rockmore is Professor and Chairman in the Department of Philosophy at Duquesne University. Beth J. Singer is Professor of Philosophy at Brooklyn College of the City University of New York. (shrink)

I reconsider the relation between love and respect in Kantian ethics, taking as my guide Iris Murdoch's view of love as the fundamental moral attitude and a kind of attention to individuals. It is widely supposed that Kantian ethics disregards individuals, since we don't respect individuals but the universal quality of personhood they instantiate. We need not draw this conclusion if we recognise that Kant and Murdoch share a view about the centrality of love to virtue. We can then see (...) that respect in the virtuous person cannot be blind to the individual, as critics of Kantian ethics contend. My approach contrasts recent efforts to assimilate Kantian respect to Murdochian love, which overlook Murdoch's distinctive claims about the singularity of moral activity. This idea is not as un-Kantian as it seems, and it should inform any Kantian ethics that aims to address the charge about individuals. (shrink)

Since its founding in the nineteenth century, social anthropology has been seen as the study of exotic peoples in faraway places. But today more and more anthropologists are dedicating themselves not just to observing but to understanding and helping solve social problems wherever they occur--in international aid organizations, British TV studios, American hospitals, or racist enclaves in Eastern Europe, for example. In Exotic No More , an initiative of the Royal Anthropological Institute, some of today's most respected anthropologists demonstrate, in (...) clear, unpretentious prose, the tremendous contributions that anthropology can make to contemporary society. They cover issues ranging from fundamentalism to forced migration, child labor to crack dealing, human rights to hunger, ethnicity to environmentalism, intellectual property rights to international capitalisms. But Exotic No More is more than a litany of gloom and doom the essays also explore topics usually associated with leisure or "high" culture, including the media, visual arts, tourism, and music. Each author uses specific examples from their fieldwork to illustrate their discussions, and 62 photographs enliven the text. Throughout the book, the contributors highlight anthropology's commitment to taking people seriously on their own terms, paying close attention to what they are saying and doing, and trying to understand how they see the world and why. Sometimes this bottom-up perspective makes the strange familiar, but it can also make the familiar strange, exposing the cultural basis of seemingly "natural" behaviors and challenging us to rethink some of our most cherished ideas--about gender, "free" markets, "race," and "refugees," among many others. Contributors: William O. Beeman Philippe Bourgois John Chernoff E. Valentine Daniel Alex de Waal Judith Ennew James Fairhead Sarah Franklin Michael Gilsenan Faye Ginsburg Alma Gottlieb Christopher Hann Faye V. Harrison Richard Jenkins Melissa Leach Margaret Lock Jeremy MacClancy Jonathan Mazower Ellen Messer A. David Napier Nancy Scheper-Hughes Jane Schneider Parker Shipton Christopher B. Steiner. (shrink)

To address growing concerns about academic integrity, college students (n?=?758) at honor system and non-honor system institutions were presented with eight scenarios to determine the influence of an honor system on their perceptions of and responses to academic dishonesty. Main effects for honor code status emerged. Students from traditional honor system schools considered the behaviors to be more dishonest, and were more likely to respond that they would report the incident when compared to students attending modified and non-honor system institutions. (...) Findings suggest traditional honor systems, with specific rules and regulations in place, are more effective at cultivating academic integrity among students; modified honor systems may not be as effective as previous research suggests. (shrink)

In this article, I explore difficult and sensitive questions regarding the nature of transgender identity claims and the appropriate medical treatment for those suffering from gender dysphoria. I first analyze conceptions of transgender identity, highlighting the prominence of the wrong-body narrative and its dualist presuppositions. I then briefly argue that dualism is false because our bodily identity is essential and intrinsic to our overall personal identity and explain why a sound, nondualist anthropology implies that gender identity cannot be entirely divorced (...) from sexual identity. Finally, I make the case that arguments in favor of hormonal and surgical treatments for gender dysphoria rest on this mistaken dualist anthropology, and that these treatments therefore give false hope to those suffering from gender dysphoria, while causing irreversible bodily harm and diverting attention from underlying psychological problems that often need to be addressed. I also briefly discuss how these philosophical claims relate to empirical studies on the outcomes of hormonal and surgical treatments for gender dysphoria and to testimonies of transgender individuals who regret having undergone these treatments. (shrink)

This paper offers a critical phenomenological view of the concept of access intimacy, a term coined by disability justice advocate Mia Mingus. Access intimacy refers to a mode of relation between disabled people or between disabled and non-disabled people that can be born of concerted cultivation or instantly intimated and centrally concerns the feeling of someone genuinely understanding and anticipating another’s access needs. Putting in conversation this notion of intimacy with Kym Maclaren’s critical phenomenological account of intimacy, I show how (...) accessibility is not about what one person or institution can do for another but involves an ongoing, interpersonal process of relating and taking responsibility for our inevitable encroachment on one another in ways that enhance one another’s freedom. (shrink)

Noah Rosenberg et al.'s 2002 article “Genetic Structure of Human Populations” reported that multivariate genomic analysis of a large cell line panel yielded reproducible groupings (clusters) suggestive of individuals' geographical origins. The paper has been repeatedly cited as evidence that traditional notions of race have a biological basis, a claim its authors do not make. Critics of this misinterpretation have often suggested that it follows from interpreters' personal biases skewing the reception of an objective piece of scientific writing. I contend, (...) however, that the article itself to some degree facilitates this misrepresentation. I analyze in detail several verbal and visual features of the original article that may predispose aspects of its racial interpretation; and, tracing the arguments of one philosopher and one popular science writer, I show how these features are absorbed, transformed into arguments for a biological basis of race, and re-attributed to the original. The essay demonstrates how even slight ambiguities can enable the misappropriation of scientific writing, unintentionally undermining the authors' stated circumspection on the relationship between cluster and race. (shrink)

Within the growing developmental literature on children's testimonial learning, the emphasis placed on children's evaluations of testimonial evidence has shielded from view some of the more collaborative dimensions of testimonial learning. Drawing on recent philosophical work on testimony and interpersonal trust, we argue for an alternative way of conceptualizing the social nature of testimonial learning. On this alternative, some testimonial learning is the result of a jointly collaborative epistemic activity, an activity that aims at the epistemic goal of true belief, (...) but that does so by means of an irreducibly social process. (shrink)

It is widely assumed that Kant’s moral psychology draws from the dualist tradition of Plato and Aristotle, which takes there to be distinct rational and non-rational parts of the soul. My aim is to challenge the air of obviousness that psychological dualism enjoys in neo-Kantian moral psychology, specifically in regard to Tamar Schapiro’s account of the nature of inclination. I argue that Kant’s own account of inclination instead provides evidence of his commitment to psychological monism, the idea that the mentality (...) of an adult human being is rational through and through. I first consider Schapiro’s “intuitions” in favour of dualism: inclination must have a non-rational source, she contends, because they assail us unbidden and are not immediately responsive to volition, and because we are not responsible simply for having inclinations (only for acting on them). I explain how a monistic account of the nature of inclination can accommodate the first two points, and explain why the third neither is a point a Kantian can accept, nor is its denial the affront to common sense that Schapiro supposes. Then I turn to Schapiro’s aim to conceive of reflection as non-rational and thus independent of justificatory thought, and yet such as to induce rational reflection. I argue that it remains mysterious how inclination, on her account, could be resourced to play this role; and with that criticism in mind, I conclude by making a positive case for Kant’s conceiving of inclination in monistic terms, as an expression of rational mindedness. (shrink)

A series of lectures given... at King's College, London, in 1958.