Discussions of the nature or possibility of moral expertise have largely proceeded in atheoretical terms, with little attention paid to whether moral expertise depends on theoretical knowledge of morality. Here I argue that moral expertise is more theory-dependent than is commonly recognized: Moral expertise consists, at least in part, in knowledge of the correct or best moral theory, and second, that knowledge of moral theory is essential to moral experts dispensing expert counsel to (...) non-experts. Moral experts would not be moral experts absent knowledge of moral theory, nor could they play the testimonial role we would expect them to play in moral inquiry and deliberation absent such knowledge. (shrink)

Se busca rastrear la imagen que Platón tiene de Heráclito y articularla con la estructura argumentativa del Cratilo, para comprender las necesidades textuales a las que responde la doctrina del flujo perpetuo, es decir, la discusión sobre la corrección (ὀρθότης) del nombre. Gracias a la inclusión del testimonio heraclíteo, resulta posible rastrear la presunta consolidación de la tesis sobre los nombres primarios y los secundarios como el eje de la separación entre dos planos de realidad (uno estable y uno móvil) (...) y de la teoría de las Ideas -es decir, como la base de la epistemología platónica presente en los diálogos de madurez-. The article seeks to trace the image Plato has of Heraclitus and connect it with the argumentative structure of the Cratylus in order to understand the textual needs that give rise to the doctrine of perpetual flux, that is, the discussion regarding the correctness (ὀρθότης) of names. The inclusion of Heraclitus's testimony makes it possible to trace the alleged consolidation of the thesis regarding primary and secondary names as the axis of separation between two levels of reality (one stable, the other, changing) and the theory of Ideas -that is, as the basis of Plato's epistemology as set forth in the late dialogues-. (shrink)

Should the existence of moral disagreement reduce one’s confidence in one’s moral judgments? Many have claimed that it should not. They claim that we should be morally self-sufficient: that one’s moral judgment and moral confidence ought to be determined entirely one’s own reasoning. Others’ moral beliefs ought not impact one’s own in any way. I claim that moral self-sufficiency is wrong. Moral self-sufficiency ignores the degree to which moral judgment is a fallible (...) cognitive process like all the rest. In this paper, I take up two possible routes to moral self-sufficiency.First, I consider Robert Paul Wolff’s argument that an autonomous being is required to act from his own reasoning. Does Wolff’s argument yield moral self-sufficiency? Wolff’s argument does forbid unthinking obedience. But it does not forbid guidance: the use of moral testimony to glean evidence about nonmoral states of affairs. An agent can use the existence of agreement or disagreement as evidence concerning the reliability of their own cognitive abilities, which is entirely nonmoral information. Corroboration and discorroboration yields nonmoral evidence, and no reasonable theory of autonomy can forbid the use of nonmoral evidence. In fact, by using others to check on my own cognitive functionality, an agent is reasoning better and is thereby more autonomous.Second, I consider Philip Nickel’s requirement that moral judgment proceed from personal understanding. I argue that the requirement of understanding does forbid unthinking obedience, but not discorroboration. When an agent reasons morally, and then reduces confidence in their judgments through discorroboration, they are in full contact with the moral reasons, and with the epistemic reasons. Discorroboration yields more understanding, not less. (shrink)

A person sometimes forms moral beliefs by relying on another person''s moral testimony. In this paper I advance a cognitivist normative account of this phenomenon. I argue that for a person''s actions to be morally good, they must be based on a recognition of the moral reasons bearing on action. Morality requires people to act from an understanding of moral claims, and consequently to have an understanding of moral claims relevant to action. A person (...) sometimes fails to meet this requirement when she relies on another person''s moral testimony, and so there are moral limits on such reliance. (shrink)

Professional philosophers are members of bioethical committees and regulatory bodies in areas of interest to bioethicists. This suggests they possess moral expertise even if they do not exercise it directly and without constraint. Moral expertise is defined, and four arguments given in support of scepticism about their possession of such expertise are considered and rejected: the existence of extreme disagreement between moral philosophers about moral matters; the lack of a means clearly to identify moral experts; (...) that expertise cannot be claimed in that which lacks objectivity; and that ordinary people do not follow the advice of moral experts.I offer a better reason for scepticism grounded in the relation between moral philosophy and common-sense morality: namely that modern moral philosophy views even a developed moral theory as ultimately anchored in common-sense morality, that set of basic moral precepts which ordinary individuals have command of and use to regulate their own lives.Even if moral philosophers do nevertheless have a limited moral expertise, in that they alone can fully develop a set of moral judgments, I sketch reasons – grounded in the values of autonomy and of democracy – why moral philosophers should not wish non-philosophers to defer to their putative expertise. (shrink)

According to moral testimony pessimists, the testimony of moral experts does not provide non-experts with normative reasons for belief. Moral testimony optimists hold that it does. We first aim to show that moral testimony optimism is, to the extent such things may be shown, the more natural view about moral testimony. Speaking roughly, the supposed discontinuity between the norms of moral beliefs and the norms of non-moral beliefs, on (...) careful reflection, lacks the intuitive advantage that it is sometimes supposed to have. Our second aim is to highlight the difference in the nature of the pragmatic reasons for belief that support moral testimony optimism and moral testimony pessimism, setting out more clearly the nature and magnitude of the challenge for the pessimist. (shrink)

In the concluding lines of Part Three of The Claim of Reason, Stanley Cavell writes: ‘If the moralist is the human being who best grasps the human position, teaches us what our human position is, better than we know, in ways we cannot escape but through distraction and muddle, then our first task in subjecting ourselves to judgment is to tell the moralist from the moralizer’. Cavell then proceeds to characterize the moralizer as one who is ‘speaking in the name (...) of a position one does not occupy, confronting others in positions of which one will not imagine the acknowledgement’. Beginning with an exposition of Cavell’s notion of ‘moral position’, I will offer an interpretation of the distinction he draws between the moralist and the moralizer; I will then explain how the moral philosopher’s use of morally significant words may come to resemble the moralizer’s; and then I will argue that contemporary English-speaking moral philosophy as represented by the recent debates concerning ‘moral testimony’, or ‘moral deference’, has been failing its moralist aspirations, and that, by Cavell’s lights, the morality reflected in those debates is, in essence, that of the moralizer. (shrink)

In this paper I examine the question of whether ethicists are moral experts. I call people moral experts if their moral judgments are correct with high probability and for the right reasons. I defend three theses, while developing a version of the coherence theory of moral justification based on the differences between moral and nonmoral experience: The answer to the question of whether there are moral experts depends on the answer to the question of (...) how to justify moral judgments. Deductivism and the coherence theory both provide some support for the opinion that moral experts exist in some way. I maintain – within the framework of a certain kind of coherence theory – that moral philosophers are 'semi-experts'. (shrink)

The notion of moral expertise poses a variety of challenges concerning both the question of existence of such experts and their identification by laypeople. I argue for a view of ethics expertise, based on moral understanding instead of on moral knowledge, that is less robust than genuine moral expertise and that does not rely on deference to testimony. I propose identification criteria that focus mainly on the awareness and communication of implicit biases and situated ignorance. (...) According to the account of ethics expertise presented in this paper, the expert's testimony is not an epistemic reason for the layperson's belief, but merely an epistemic influence. The epistemic reasons for the layperson's belief are largely independent from the expert. But there is still some epistemic risk involved in the proposed method of knowledge transfer, and therefore criteria for the identification of a trustworthy expert are necessary. The risk involved in knowledge transfer can be both due to willful manipulation and due to the expert's implicit biases and situated ignorance. While willful manipulation cannot really be avoided, the influence from biases and ignorance can be minimized. I argue that the best way to do this is if the expert is aware of their own biases and ignorance and communicates them. Combined with evidence of the expert's education in moral philosophy and experience with the topic in question, this gives the layperson the best chance to identify someone who can really help them consider all relevant aspects of a situation and come to a better justified decision. (shrink)

The notion of moral expertise poses a variety of challenges concerning both the question of existence of such experts and their identification by laypeople. I argue for a view of ethics expertise, based on moral understanding instead of on moral knowledge, that is less robust than genuine moral expertise and that does not rely on deference to testimony. I propose identification criteria that focus mainly on the awareness and communication of implicit biases and situated ignorance. (...) According to the account of ethics expertise presented in this paper, the expert's testimony is not an epistemic reason for the layperson's belief, but merely an epistemic influence. The epistemic reasons for the layperson's belief are largely independent from the expert. But there is still some epistemic risk involved in the proposed method of knowledge transfer, and therefore criteria for the identification of a trustworthy expert are necessary. The risk involved in knowledge transfer can be both due to willful manipulation and due to the expert's implicit biases and situated ignorance. While willful manipulation cannot really be avoided, the influence from biases and ignorance can be minimized. I argue that the best way to do this is if the expert is aware of their own biases and ignorance and communicates them. Combined with evidence of the expert's education in moral philosophy and experience with the topic in question, this gives the layperson the best chance to identify someone who can really help them consider all relevant aspects of a situation and come to a better justified decision. (shrink)

Many philosophers believe that there exist distinctive obstacles to relying on moral testimony. In this paper, I criticize previous attempts to identify these obstacles and offer a new theory. I argue that the problems associated with moral deference can't be explained in terms of the value of moral understanding, nor in terms of aretaic considerations related to subjective integration. Instead, our uneasiness with moral testimony is best explained by our attachment to an ideal of (...) authenticity that places special demands on our moral beliefs. (shrink)

The book is divided into two parts. Each part is about eighty pages, followed by nearly fifty pages of notes and a comprehensive bibliography. Morality is reappraised in Part 1 and reaffirmed in Part 2. The aim of Part 1 is to articulate a conception of morality and moral theory that combines elements from act-based and virtue-based approaches, with the latter taking the lead. Part 2 defends moral theory against the criticisms of "antitheorists," a diverse group that includes (...) Annette Baier, Stanley Fish, Cheryl Noble, Bernard Williams, Martha Nussbaum, and Michael Walzer. In both parts most of the historical attention is devoted to Aristotle and Kant. Louden contends that neither Aristotle nor Kant were as exclusive in their approaches to morality as they are usually portrayed. Aristotle, it is argued, had a use for a specifically moral ought; Kant had a keen interest in the cultivation of virtue. Both are largely innocent of the crimes of which they stand accused by the antitheorists. What are those crimes? They are the errors of thinking that correct moral judgments are deducible from universal principles; that moral values are commensurable; that all moral conflicts are rationally resolvable; that the role of moral theory is to enable one to deduce the correct answer to moral questions; that moral theory is purely normative, not descriptive or explanatory; and that moral problems are solved best by moral experts. Louden agrees with the antitheorists that all of these are false, but he maintains that few moral theories entail them. Thus, he charges that the antitheorists are attacking a straw man. It is of some interest here that Louden dismisses utilitarianism--one of the main targets of the antitheorists--in a few paragraphs for committing the sin of reductionism. There is no significant discussion of more sophisticated consequentialists such as Sedgwick, Moore, and Brandt. In many ways Aristotle is an easy case for Louden to defend, and indeed some of the authors in the antitheory group, such as Nussbaum, approve of Aristotle. The case for Kant is much harder and involves stressing Kant's appreciation of the role of non-rule-governed judgments in making moral choices. Louden says little about the categorical imperative in his treatment of Kant, though he does argue that there are genuine moral dilemmas in which neither "Do A" nor "Do not do A" can be willed to be universal law. (shrink)

We sometimes seek expert guidance when we don’t know what to think or do about a problem. In challenging cases concerning medical ethics, we may seek a clinical ethics consultation for guidance. The assumption is that the bioethicist, as an expert on ethical issues, has knowledge and skills that can help us better think about the problem and improve our understanding of what to do regarding the issue.The widespread practice of ethics consultations raises these questions and more:What would it take (...) to be a moral expert?Is anyone a moral expert, and if so, how could a non-expert identify one?Is it in any way problematic to accept and follow the advice of a moral expert as opposed to coming to moral conclusions on your own?What should we think and do when moral experts disagree about a practical ethical issue?In what follows, we address these theoretical and practical questions about moral expertise. (shrink)

Many philosophers think that we can identify, e.g., a weather expert by checking if she has a track record of making accurate weather predictions but that there isn’t an analogous way for laypeople to verify the judgement of a putative moral expert. The weather is an independent check for weather expertise but there is no independent check for moral expertise, and the only way for laypeople to identify moral experts is to engage in first-order moral reasoning (...) of one’s own. But if one can do that, one would not need to rely on a moral expert in the first place. This paper provides an account of Feedback as an independent check for moral expertise in the form of certain positive and negative changes in the lives of advisees after they started acting in accordance with an advisor’s advice whilst nothing else of significance changed in their lives in that period. Given our folk background theories, and some specific information about the advisee’s situation, Feedback suggests that the advisor’s advice was correct. Laypeople would identify moral experts by inferring that the best explanation of the correctness of the advisor’s advice in a high proportion of cases in which she dispensed advice is that the advisor had moral knowledge. Identifying moral experts in this way involves the use of some moral reasoning of one’s own but it is too elementary to make moral experts redundant. (shrink)

Many philosophers think that we can identify, e.g., a weather expert by checking if she has a track record of making accurate weather predictions but that there isn’t an analogous way for laypeople to verify the judgement of a putative moral expert. The weather is an independent check for weather expertise but there is no independent check for moral expertise, and the only way for laypeople to identify moral experts is to engage in first-order moral reasoning (...) of one’s own. But if one can do that, one would not need to rely on a moral expert in the first place. This paper provides an account of Feedback as an independent check for moral expertise in the form of certain positive and negative changes in the lives of advisees after they started acting in accordance with an advisor’s advice whilst nothing else of significance changed in their lives in that period. Given our folk background theories, and some specific information about the advisee’s situation, Feedback suggests that the advisor’s advice was correct. Laypeople would identify moral experts by inferring that the best explanation of the correctness of the advisor’s advice in a high proportion of cases in which she dispensed advice is that the advisor had moral knowledge. Identifying moral experts in this way involves the use of some moral reasoning of one’s own but it is too elementary to make moral experts redundant. (shrink)

In this article, I provide a guide to some current thinking in empirical moral psychology on the nature of moral intuitions, focusing on the theories of Haidt and Narvaez. Their debate connects to philosophical discussions of virtue theory and the role of emotions in moral epistemology. After identifying difficulties attending the current debate around the relation between intuitions and reasoning, I focus on the question of the development of intuitions. I discuss how intuitions could be shaped into (...) moral expertise, outlining Haidt’s emphasis on innate factors and Narvaez’s account in terms of a social-cognitive model of personality. After a brief discussion of moral relativism, I consider the implications of the account of moral expertise for our understanding of the relation between moral intuitions and reason. I argue that a strong connection can be made if we adopt a broad conception of reason and a narrow conception of expertise. (shrink)

There are experts in arithmetic, music, tennis, and fencing. But are there experts in morality? It is not surprising that there should be people like moral philosophers who are experts in moral theory, just as there are experts in tennis or music theory. But the question concerns whether there are analogues in morality of the expert tennis player or violinist. The unsophisticated answer might be that confessors, counselors, and perhaps even psychiatrists seem to qualify as moral experts (...) in the relevant sense. In turn, most conscientious confessors, counselors, and psychiatrists would deny that they themselves are experts in morality, even though they might claim expertise in divinity, marital advising, or treating emotional disorders. There are, moreover, persuasive philosophical arguments against the possibility of anyone’s being a moral expert, of which certain venerable reasonings of Socrates, Kant, and Ryle may be taken as representative. By examining several venerable arguments against the possibility of moral experts, we will, however, discover much to be said for the unsophisticated answer to the question. (shrink)

Several authors have discussed and defended what is sometimes called the Asymmetry Thesis in social epistemology: that while reliance on testimony is essentially incontrovertible in epistemology, it is uniquely problematic for moral knowledge. This conclusion results, I argue, from considering the wrong sort of moral testimony: namely, ‘third-personal’ rather than ‘first-personal’ testimony. First-personal moral testimony is an inescapable part of the constitution of legitimate moral norms, and its role cannot be deflated as (...) a form of mere information to be taken up in private deliberation. The consequences of this argument for forms of hypothetical contractualism, in particular, are profound. (shrink)

While possessing moral understanding is agreed to be a core epistemic and moral value, it remains a matter of dispute whether it can be acquired via testimony and whether it involves an ability to engage in moral reasoning. This paper addresses both issues with the aim of contributing to the current debates on moral understanding in moral epistemology and virtue ethics. It is argued that moral epistemologists should stop appealing to the argument from (...) the transmissibility of moral understanding to make a case for their favorite view of moral understanding. It is also argued that proponents of exemplarist moral theories cannot remain neutral on whether the ability to engage in moral reasoning is a necessary component of moral understanding. (shrink)

Climate change has become the most pressing moral and political problem of our time. Ethical theories help us think clearly and more fully about important moral and political issues. And yet, to date, there have been no books that have brought together a broad range of ethical theories to apply them systematically to the problems of climate change. This volume fills that deep need. Two preliminary chapters--an up-to-date synopsis of climate science and an overview of the ethical issues (...) raised by climate change--set the stage. After this, ten leading ethicists in ten separate chapters each present a major ethical theory and discuss the implications of that view for how we decide to respond to a rapidly warming planet. Each chapter first provides a brief exposition of the view before working out what that theory "has to say" about climate change and our response to the problems it poses. Key features: - Up-to-date synopsis of climate science - Clear overviews of a wide range of ethical theories and perspectives by leading experts - Insightful discussions of the implications of these theories and perspectives for our response to climate change - A unique opportunity to assess the relative strengths and weaknesses of various ethical viewpoints. (shrink)

Ethics: Essential Readings in Moral Theory is an outstanding anthology of the most important topics, theories and debates in ethics, compiled by one of the leading experts in the field. It includes sixty-six extracts covering the central domains of ethics: why be moral? the meaning of moral language morality and objectivity consequentialism deontology virtue and character value and well-being moral psychology applications: including abortion, famine relief and consent. Included are both classical extracts from Plato, Aristotle, Hume, (...) Kant and Mill, as well as contemporary classics from philosophers such as Thomas Nagel, Thomas Scanlon, Martha Nussbaum, Derek Parfit, and Peter Singer. A key feature of the anthology is that it covers the perennial topics in ethics as well as very recent ones, such as moral psychology, responsibility and experimental philosophy. Each section is introduced and placed in context by the editor, making this an ideal anthology for anyone studying ethics or ethical theory. (shrink)

The involvement of ethicists, philosophers or others who might qualify as ‘moral experts’ in policy-development, where they are sometimes, typically as members of a committee, given an advisory role, is often seen as problematic, for several reasons. First, there may be doubts as to the very existence of moral experts, and it may be hard to know who the moral experts are. Next, even if these problems are solved, giving experts a special role in policy-making might be (...) problematic from a democratic point of view, if it involves politicians deferring to the moral judgements of experts. The paper considers possible replies to this problem of moral deference. One reply is that moral deference is unnecessary, because even moral non-experts are well equipped to assess the arguments offered by moral experts; I argue that this reply underestimates the complexity of moral arguments. Another reply is that if moral experts are simply given the ‘technical’ role of clarifying which concrete positions that follow from the values which decision-makers already accept, deference is not problematic. I will argue that this reply underestimates how a given set of moral values underdetermines which concrete positions follow from it. Finally, I will consider and defend the reply that since policy decisions are subject to a requirement that they be justified within the limits of public reason, and since these limits include a requirement that the justification be accessible, moral experts are barred from providing policy advice which rests on too complex moral arguments. (shrink)

Is it morally permissible to spy on allied countries? What type of otherwise criminal acts may covert intelligence agents commit in order to keep their cover? Is it permissible to subject children of high-value targets to covert surveillance? In this article, I ask whether democratically elected politicians ought to rely on advice from ethics committees in answering moral choices in secret policy. I argue that ethics committees should not advise politicians on how they ought to conclude secret moral (...) choices. Instead, we can mandate ethics committees to provide advice aimed at improving the moral reasoning behind moral decisions in secret policy. Such advice, I argue, may add value to the decision process independently of whether it increases the chances of reaching morally correct conclusions. (shrink)

Scientific expert testimony is crucial to public deliberation, but it is associated with many pitfalls. This article identifies one—namely, expert trespassing testimony—which may be characterized, crudely, as the phenomenon of experts testifying outside their domain of expertise. My agenda is to provide a more precise characterization of this phenomenon and consider its ramifications for the role of science in society. I argue that expert trespassing testimony is both epistemically problematic and morally problematic. Specifically, I will argue that (...) scientific experts are subject to a particular obligation. Roughly, this is the obligation to qualify their assertions when speaking outside their domain of scientific expertise in certain contexts. Thus, I argue that scientists who possess expert knowledge are confronted with hard questions about when and how to testify and, therefore, that being a scientific expert comes with great responsibility. Consequently, I provide a concrete “expert guideline” according to which scientific experts, in certain contexts, face an obligation to qualify their assertions when speaking outside their domain of expertise. Furthermore, I consider a number of the conditions in which the guideline is waived or overridden. On this basis, I consider the broader aspects of the roles of scientific experts in a society with a high division of cognitive labor that calls for trust in scientific expert testimony. (shrink)

Since Barry Stroud's classic paper in 1968, the general discussion on transcendental arguments tends to focus on examples from theoretical philosophy. It also tends to be pessimistic, or at least extremely reluctant, about the potential of this kind of arguments. Nevertheless, transcendental reasoning continues to play a prominent role in some recent approaches to moral philosophy. Moreover, some authors argue that transcendental arguments may be more promising in moral philosophy than they are in theoretical contexts. Against this background, (...) the current volume focuses on transcendental arguments in practical philosophy. Experts from different countries and branches of philosophy share their views about whether there are actually differences between "theoretical" and "practical" uses of transcendental arguments. They examine and compare different versions of transcendental arguments in moral philosophy, explain their structure, and assess their respective problems and promises. This book offers all those interested in ethics, meta-ethics, or epistemology a more comprehensive understanding of transcendental arguments. It also provides them with new insights into uses of transcendental reasoning in moral philosophy. (shrink)

Introspection is a fundamental part of our mental lives. Nevertheless, its reliability and its underlying cognitive architecture have been widely disputed. Here, I propose a principled way to model introspection. By using time-tested principles from signal detection theory (SDT) and extrapolating them from perception to introspection, I offer a new framework for an introspective signal detection theory (iSDT). In SDT, the reliability of perceptual judgments is a function of the strength of an internal perceptual response (signal- to-noise ratio) which is, (...) to a large extent, driven by the intensity of the stimulus. In parallel to perception, iSDT models the reliability of introspective judgments as a function of the strength of an internal introspective response (signal-to-noise ratio) which is, to a large extent, driven by the intensity of conscious experiences. Thus, by modelling introspection after perception, iSDT can calibrate introspection’s reliability across a whole range of contexts. iSDT offers a novel, illuminating way of thinking about introspection and the cognitive processes that support it. (shrink)

In this chapter, we discuss a selection of current views of the neural correlates of consciousness (NCC). We focus on the different predictions they make, in particular with respect to the role of prefrontal cortex (PFC) during visual experiences, which is an area of critical interest and some source of contention. Our discussion of these views focuses on the level of functional anatomy, rather than at the neuronal circuitry level. We take this approach because we currently understand more about experimental (...) evidence at this coarse level and because these results are appropriate for arbitrating between current theoretical frameworks. We discuss the Two-Visual-Systems Hypothesis (Milner & Goodale 1995; 2006), Local Recurrency (Lamme 2010; Lamme 2006), Higher Order (Lau 2008; Lau & Rosenthal 2011) and Global Workspace theories (Baars 1997; Baars 2005; Dehaene & Naccache 2001; Dehaene 2014). Despite the apparent stark differences between conscious and unconscious perceptual processing, available evidence suggests that their neural substrates must be largely shared. This indicates that the difference in neural activity between conscious and unconscious perceptual processing is likely to be subtle and highly specialized. We argue that current experimental evidence about the involvement of specific activity in prefrontal cortex supports the higher order neural theory of consciousness. In consequence, imaging techniques that focus only on marked differences between conscious and unconscious level of activity are likely to be insensitive to the relevant neural activity patterns that underlie conscious experiences. Finally, it follows from the evidence we discuss that the functional advantages of conscious over unconscious perceptual processing may be more limited than commonly thought. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 6, Page 833-859, July 2022. Two decades ago, Tarana Burke started using the phrase ‘me too’ to release victims of sexual abuse and rape from their shame and to empower girls from minority communities. In 2017, actress Alyssa Milano made the hashtag #MeToo go viral. This article’s concern is with the role of testimonial practices in the context of sexual violence. While many feminists have claimed that the word of those who claim to (...) being sexually violated by others have political and/or epistemic priority, others have failed to recognize the harm and injury of instances of sexual violence that are not yet acknowledged as such and failed to listen to victims from marginalized social groups. In fact, some feminists have attacked #MeToo for mingling accounts of ‘proper’ sexual violence and accounts that are not ‘proper’ experiences of sexual violence. My aim in this article is to show why this critique is problematic and find a philosophically fruitful way to understand the #MeToo-movement as a movement that strives for moral and conceptual progress. (shrink)

Two decades ago, Tarana Burke started using the phrase ‘me too’ to release victims of sexual abuse and rape from their shame and to empower girls from minority communities. In 2017, actress Alyssa Milano made the hashtag #MeToo go viral. This article’s concern is with the role of testimonial practices in the context of sexual violence. While many feminists have claimed that the word of those who claim to being sexually violated by others have political and/or epistemic priority, others have (...) failed to recognize the harm and injury of instances of sexual violence that are not yet acknowledged as such and failed to listen to victims from marginalized social groups. In fact, some feminists have attacked #MeToo for mingling accounts of ‘proper’ sexual violence and accounts that are not ‘proper’ experiences of sexual violence. My aim in this article is to show why this critique is problematic and find a philosophically fruitful way to understand the #MeToo-movement as a movement that strives for moral and conceptual progress. (shrink)

Whether the prefrontal cortex is part of the neural substrates of consciousness is currently debated. Against prefrontal theories of consciousness, many have argued that neural activity in the prefrontal cortex does not correlate with consciousness but with subjective reports. We defend prefrontal theories of consciousness against this argument. We surmise that the requirement for reports is not a satisfying explanation of the difference in neural activity between conscious and unconscious trials, and that prefrontal theories of consciousness come out of this (...) debate unscathed. (shrink)

This paper argues that the function of moral education in the biomedical context should be exactly the same as in a general, philosophical framework: it should not provide ready-to-use kits of moral principles; rather, it must show the history, epistemology and conceptual structure of moral theories that would enable those who have to make decisions to be as informed and as responsible as possible. If this complexity cannot be attained, an incomplete product—i.e. bioethics or bioethical principles—should not (...) be seen as a viable substitute. This theoretical position is subsequently illustrated by a case study involving research ethics committees. It is argued that within these committees, that are carefully formed multidisciplinary bodies, what makes competent decision-making possible is not a bioethical theory, nor even a sound philosophical ethics, but the dynamics of the discussion of a number of experts coming from different disciplines. This multidisciplinary expertise is necessary and sufficient to undertake the challenges of complex decisions in the biomedical context. (shrink)

BackgroundClinical Ethics Support (CES) services are offered to support healthcare professionals in dealing with ethically difficult situations. Evaluation of CES is important to understand if it is indeed a supportive service in order to inform and improve future implementation of CES. Yet, methods to measure outcomes of CES are scarce. In 2014, the European Moral Case Deliberation Outcomes Instrument (Euro-MCD) was developed to measure outcomes of Moral Case Deliberation (MCD). To further validate the instrument, we tested it in (...) field studies and revised it. This paper presents the Euro-MCD 2.0 and describes the revision process.MethodsThe revision process comprised an iterative dialogue among the authors as Euro-MCD-project team, including empirical findings from six Euro-MCD field-studies and input from European experts in CES and theory. Empirical findings contained perceptions and experiences of MCD outcomes among healthcare professionals who participated in MCDs in various settings in Norway, Sweden and the Netherlands. Theoretical viewpoints on CES, literature on goals of CES and MCD and ethics theory guided the interpretation of the empirical findings and final selection of MCD outcomes.ResultsThe Euro-MCD 2.0 Instrument includes three domains: Moral Competence, Moral Teamwork and Moral Action. Moral Competence consists of items about moral sensitivity, analytical skills and virtuous attitude. Moral Teamwork includes open dialogue and supportive relationships and Moral Action refers to moral decision-making and responsible care. During the revision process, we made decisions about adding and reformulating items as well as decreasing the number from 26 to 15 items. We also altered the sentence structure of items to assess the current status of outcomes (e.g. ‘now’) instead of an assumed improvement over time (e.g. ‘better’) and we omitted the question about perceived importance.ConclusionsThe Euro-MCD 2.0 is shorter, less complex and more strongly substantiated by an integration of empirical findings, theoretical reflections and dialogues with participants and experts. Use of the Euro-MCD 2.0 will facilitate evaluation of MCD and can thereby monitor and foster implementation and quality of MCD. The Euro-MCD 2.0 will strengthen future research on evaluation of outcomes of MCD. (shrink)

While much interdisciplinarity brings together proximate fields, broad interdisciplinarity sees integration between disciplines that are perceived to be non-neighboring. This paper argues that the heterogeneity among disciplines in broad interdisciplinarity calls for stricter epistemic norms of testimony for experts that act as translators between the disciplines than those suggested for intra-scientific testimony. The paper is structured around two case studies: the affective turn in social theorizing and the use of quantum mechanics in critical theory as exemplified by Vicky (...) Kirby’s use of work by Karen Barad. These are argued to be instances of broad interdisciplinary borrowing where few translators have joint expertise in both disciplines. For most, therefore, the engagement with for instance the integration between quantum mechanics and critical theory is possible only by the aid of translators. For those without sufficient interactional expertise, however, the epistemic credentials of the translations they inevitably rely upon are inscrutable. Furthermore, any comparison between translations is challenged since translations are argued to be few due to the cognitive divergence between disciplines in broad interdisciplinarity. Consequently, the epistemic integrity of broad interdisciplinarity can only be secured through additional norms of testimony for translators. The paper proposes that (a) all translator’s testimony in broad interdisciplinarity must aim to be neutral with respect to disputed issues within the relevant disciplines and (b) any deviation from (a) must be clearly highlighted. (shrink)

I propose to study one problem for epistemic dependence on experts: how to locate experts on what I will call cognitive islands. Cognitive islands are those domains for knowledge in which expertise is required to evaluate other experts. They exist under two conditions: first, that there is no test for expertise available to the inexpert; and second, that the domain is not linked to another domain with such a test. Cognitive islands are the places where we have the fewest resources (...) for evaluating experts, which makes our expert dependences particularly risky. -/- Some have argued that cognitive islands lead to the complete unusability of expert testimony: that anybody who needs expert advice on a cognitive island will be entirely unable to find it. I argue against this radical form of pessimism, but propose a more moderate alternative. I demonstrate that we have some resources for finding experts on cognitive islands, but that cognitive islands leave us vulnerable to an epistemic trap which I will call runaway echo chambers. In a runaway echo chamber, our inexpertise may lead us to pick out bad experts, which will simply reinforce our mistaken beliefs and sensibilities. (shrink)

Our pains can be more or less intense, our mental imagery can be more or less vivid, our perceptual experiences can be more or less striking. These degrees of intensity of conscious experiences are all manifestations of a phenomenal property I call mental strength. In this article, I argue that mental strength is a domain-general phenomenal magnitude; in other words, it is a phenomenal quantity shared by all conscious experiences that explains their degree of felt intensity. Mental strength has been (...) largely overlooked in favor of mental states’ type, representational contents, domain-specific phenomenology, or processes such as attention. Considering mental strength in our reflections about the mind illuminates debates about the relation of representational contents and phenomenal character, and it also helps address questions about the structure and functions of consciousness. Mental strength provides a unifying construct to model what is shared in the phenomenology of different types of conscious experiences. (shrink)

One of standpoint theory’s main claims is the thesis of epistemic advantage, which holds that marginalized agents have epistemic advantages due to their social disadvantage as marginalized. The epistemic advantage thesis has been argued to be true with respect to knowledge about particular dominant ideologies like classism and sexism, as well as knowledge within fields as diverse as sociology and economics. However, it has yet to be analyzed with respect to ethics. This paper sets out to complete this task. Here, (...) I argue that we have good reason to believe that the marginalized are epistemically advantaged with respect to moral knowledge overall, including moral facts other than those about the morally problematic features of systems of domination. To do so, I first articulate the connection between marginalization and the moral domain, drawing on the rich history of feminist and non-ideal ethics. Then, I argue that marginalized agents are more likely to have several particular epistemic skills that are necessary to come to have moral knowledge. Utilizing real-world cases where moral knowledge is at stake, I show how marginalized agents have better access to evidence (broadly), as well as advantages distinguishing between considerations that are morally relevant and those that aren’t (sorting), determining the weight a certain piece of evidence has with respect to determining a moral matter (significance), and using concepts which bear on moral questions (conceptual competency). I close by considering the upshots my analysis here has for other areas of moral epistemology like moral testimony and moral expertise. (shrink)

Goldman's notions of expert and testimony in epistemological contexts are extended to normative issues. The result is a sketch of a conceptual framework: several types of experts and roles they can serve in informing not specially qualified recipients are distinguished; differences between experts in epistemological and moral contexts are highlighted. This framework then is the point of reference for claims about experts, expertise and moral testimony in Birnbacher's and Jones & Schroeter's contributions to this volume. First, (...) Birnbacher's worries about the legitimacy of moral philosophers sitting as experts on panels, etc. are allayed in one respect and aggravated in another: there are roles and qualifications open to informants about normative issues, but it is doubtful whether moral philosophers per se are up to each of them. Secondly, Jones & Schroeter's objection to Hills's claim that moral testimony cannot orient its recipient properly towards right-making reasons for acting is faulty. (shrink)

Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same (...) time such testimony can provide evidence that is not only necessary but inherently reasonable for logically guiding legal experts to accept or reject a claim. Walton shows how to overcome the traditional disdain for witness testimony as a type of evidence shown by logical positivists, and the views of trial sceptics who doubt that trial rules deal with witness testimony in a way that yields a rational decision-making process. (shrink)

Through the analysis of the discourse of an interpreter-mediated expert witness examination in a Korean criminal courtroom, this paper examines challenges in obtaining evidence from an expert witness through unskilled interpreters and the related complexity of participation status during the multiparty interactions, namely the courtroom examination. This paper, drawing on the participation framework theories, demonstrates how all participants are engaged in negotiation and interpretation of the meaning of the expert testimony. The two unskilled interpreters, who are primarily responsible for (...) interpreting, collaborate with each other in order to achieve communication when they face problems or difficulties in the other’s interpreted rendition. However, despite the collective efforts to accurately obtain and understand the expert evidence accurately, such efforts are not always successful in the absence of skilled interpreters. Based on these findings, this paper argues that a team of unskilled interpreters is not sufficient to accomplish the demanding task of interpreting expert evidence, and further, the court needs to be meticulous about the quality of courtroom interpreting which have potential implications for achieving just legal outcomes. (shrink)

The 1918 discovery of oil in the bed of the Red River, which forms the border between Texas and Oklahoma, led to a U.S. Supreme Court case that involved the extensive use of expert witnesses in fields such as geology, geography, and ecology. What began as a dispute between the two states soon became a multisided controversy involving those states, the federal government, Native Americans, and individual placer‐mining claimants. After the federal attorneys introduced scientific experts into the dispute, including the (...) plant ecologist Henry Chandler Cowles and the geographer Isaiah Bowman, fresh from negotiations at the Paris Peace Conference, Texas attorneys fielded their own team of opposing experts. Charged with the task of determining the location of the border, defined as the south bank of the river at the time of the 1819 treaty with Spain, the scientific experts presented the court with volumes of evidence and elaborate arguments, much of it contradictory and involving creative interpretations of existing theories. The case exhibited all the now‐familiar features of a trial using expert witnesses, for which it represents an early, overlooked, and particularly complex example. (shrink)

Testimony of oppression is testimony that something constitutes or contributes to a form of oppression, such as, for example, “The stranger’s comment was sexist.” Testimony of oppression that is given by members of the relevant oppressed group has the potential to play an important role in fostering a shared understanding of oppression. Yet, it is frequently dismissed out of hand. Against the background of a recent debate on moral testimony, this paper discusses the following question: (...) How should privileged hearers approach testimony of oppression if they aim to do so in an ethically and epistemically sound way? Should they defer or try to understand? Both strategies constitute ways of learning from testimony of oppression. However, they differ in important respects and exclude each other. Because testimony of oppression is often based on personal experience, empathizing with the speaker can play an important role in trying to understand testimony of oppression. While the fact that empathy can change your mind and the advantages of understanding over knowledge support trying to understand as the right approach to testimony of oppression, considerations of the “limits of empathy” and the value of deference support deferring. I argue that, on balance, these contrasting arguments allow for a limited defense of the role of empathy in learning from testimony of oppression. We should try to understand testimony of oppression by empathizing with the speaker, but not treat our ability to understand as a condition on accepting a speaker’s claim. (shrink)

Challenges to Legal Theory offers the reader a fascinating journey though a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published in Spanish, (...) in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience. (shrink)

The first book since Coady's 1992 'Testimony: A Philosophical Study' to offer a thorough survey and a philosophical introduction to testimony and its epistemological problems, while at the same time advancing a novel view that proposes independent justificatory pathways for the acceptance and rejection of testimony, respectively. // Table of Contents: // Introduction / 1. What is Testimony? / 2. The Testimonial Conundrum / 3. Testimony, Perception, Memory, and Inference / 4. Testimony and Evidence (...) / 5. Reductionism and Anti-Reductionism / 6. Hybrid Theories of Testimony / 7. Testimonial Knowledge: Transmission and Generation / 8. Trust and Assurance / 9. Expert Testimony / 10. Pathologies of Testimony / 11. Testimony and the Value of Knowledge / Glossary / Bibliography / Index. (shrink)