Epistemology has taken a zetetic turn from the study of belief towards the study of inquiry. Several decades ago, theories of bounded rationality took a procedural turn from attitudes towards the processes of inquiry that produce them. What is the relationship between the zetetic and procedural turns? In this paper, I argue that we should treat the zetetic turn in epistemology as part of a broader procedural turn in the study of bounded rationality. (...) I use this claim to motivate and clarify the zetetic turn in epistemology, as well as to reveal the need for a second zetetic turn within practical philosophy. (shrink)

While there is now general agreement that memory gives rise to both conscious and unconscious influences, there remains disagreement concerning the process architecture underlying these distinct influences. Do they arise from independent underlying systems or from systems that are interactive ? In the current paper we present a novel “inside-out” technique that can be used with the process-dissociation paradigm to arrive at more concrete conclusions concerning this central question and demonstrate this technique via a meta-analysis of currently published findings. Our (...) results suggest that the data presented in these studies vary in ways most consistent with the assumption that conscious and unconscious influences behave independently. (shrink)

A class of many-sorted polyadic set algebras is introduced. These generalise structure and model in a way that is relevant in regards to the Entscheidungsproblem and to automated reasoning.A downward Löwenheim-Skolem property is shown in that each satisfiable finite conjunction of purely relational first-order prenex sentences has a finite generalised model. This property does, together with a construction related to doubling the size of a finite structure, provide several strict generalisations of the strategy of finite model search for disproving.

Suppose a committee or a jury confronts a complex question, the answer to which requires attending to several sub-questions. Two different voting procedures can be used. On one, the committee members vote on each sub-question and the voting results are used as premises for the committee’s conclusion on the main issue. This premise-based procedure can be contrasted with the conclusion-based approach, which requires the members to directly vote on the conclusion, with the vote of each member being guided by her (...) views on the relevant sub-questions. The two procedures are not equivalent: There may be a majority of voters supporting each of the premises, but if these majorities do not significantly overlap, there will be a majority against the conclusion. Pettit (2001) connects the choice between the two procedures with the discussion of deliberative democracy. The problem we want to examine instead concerns the relative advantages and disadvantages of the two procedures from the epistemic point of view. Which of them is better when it comes to tracking truth? As it turns out, the answer is not univocal. On the basis of Condorcet’s jury theorem, the premise-based procedure can be shown to be superior if the objective is reach truth for the right reasons, without making any mistakes on the way. However, if the goal instead is to reach truth for whatever reasons, right or wrong, there will be cases in which using the conclusion-based procedure turns out to be more reliable, even though, for the most part, the premise-based procedure will retain its superiority. (shrink)

We argue for a procedural approach to ethical critique in CDA based upon the ‘argumentative turn’ in CDA advocated in our recent publications. This is not a matter of abandoning substantive critique, or abandoning the long-standing commitment of our version of CDA to critique of domination and of ideology, but of integrating them into a deliberative procedure for critical questioning, from an impartial and unbiased standpoint. The advantage of this position is that it enables us to accentuate ethical (...) criticism and critique in CDA, rather than advocacy and partisanship. The task of critical discourse analysts is to subject argumentation, including their own argumentation, to systematic critical questioning in the spirit of open debate, with no ideological parti-pris. (shrink)

Why should one person obey another? Why (to ask the question from the first-person perspective) ought I to submit to another and follow her judgment rather than my own? In modern political thought, which denies that some are born rulers and others are born to be ruled, the most prominent answer has been: “Because I have consented to her authority.” By making authority conditional on the subjects’ consent, political philosophers have sought to reconcile authority’s hierarchical structure with the equal moral (...) standing of governor and governed. Yet such consent accounts of authority have long been deemed problematic on a number of grounds, not the least of which is that few citizens have given their consent to the state under whose laws they live. So unless we are willing to deny the state’s authority over those who have not consented, or revert to the pre-modern assumption of a natural political hierarchy, we must find another way of reconciling authority with our standing as free and equal moral agents. In recent political and legal philosophy, the most influential solution to this problem has been Joseph Raz’s service conception of authority, according to which legitimate authority, while it does not require the consent of the governed, must exist for their sake, or serve them. The normal way to justify someone’s authority, on the service conception, is to show that, by treating her directives as binding, the subjects are likely better to conform to reasons that apply to them anyway. The service conception has, however, recently been criticized (by, among others, Thomas Christiano, Scott Hershovitz, and Jeremy Waldron) for being insufficiently attuned to the significance that procedural, and in particular democratic, features of political and legal institutions have for the justification of their authority. If these ‘democratic critics’ are right, then two commitments that many in the liberal-democratic tradition may find independently attractive turn out to be in tension: the liberal idea that authority is normally legitimate only insofar as it serves its subjects, and the democratic idea that legitimate authority can (and regularly does) rest on fair procedures. In this article I argue that the critics’ arguments rest on a misunderstanding of the service conception; yet their worries point the way to an under-appreciated and interesting view of democracy as an authoritative arbitration procedure. After introducing the service conception’s view of justified authority, I briefly distinguish a broad and a narrow interpretation of it, and suggest that we should embrace the latter to make sense of the idea that political authority serves its subjects (Section I). Next I turn to the objection raised by the democratic critics: the service conception, they say, cannot make room for the intrinsic fairness of democratic procedures because it is preoccupied with the quality of outcomes (Section II). But, I argue, the objection rests on an illicit identification of two different kinds of outcomes: the outcome of the decision-making procedure on the one hand, the outcome or result of treating that first outcome as authoritative on the other. Distinguishing between these is crucial for an adequate understanding of democracy’s authority. While the service conception is indeed organized around the latter, this does not commit it to an exclusive concern with the former; yet it is a singular commitment to the former that is problematic from a democratic point of view (Section III). To bring home this point, I sketch a model of authority as arbitration that is frequently overlooked in recent discussions of authority even though it is centrally concerned with procedural (and ultimately democratic) values and fits squarely into the service conception of authority (Section IV). (shrink)

Health-care goods are goods with peculiar properties, and where they are scarce, societies face potentially explosive distributional conflicts. Animated public and academic debates on the necessity and possible justice of limit-setting in health care have taken place in the last decades and have recently taken a turn toward procedural rather than substantial criteria for justice. This article argues that the most influential account of procedural justice in health-care rationing, presented by Daniels and Sabin, is indeterminate where concrete (...) properties of rationing institutions are concerned. Such properties inscribe substantial norms into institutions. These norms can derive validity only from democratic majority decisions, which must be seen as an instance of pure procedural justice. We therefore have to move the discussion to a meta-level and ask how concrete properties of institutions are being chosen. I suggest four criteria for sufficiently democratic institutional design choice and conclude that as institutional properties are likely to have effects on the resulting distribution of health care, design choices should be empirically informed and taken both democratically and deliberately. (shrink)

While philosophers are often concerned with the conditions for moral knowledge or justification, in practice something arguably less demanding is just as, if not more, important – reliably making correct moral judgments. Judges and juries should hand down fair sentences, government officials should decide on just laws, members of ethics committees should make sound recommendations, and so on. We want such agents, more often than not and as often as possible, to make the right decisions. The purpose of this paper (...) is to propose a method of enhancing the moral reliability of such agents. In particular, we advocate for a procedural approach; certain internal processes generally contribute to people’s moral reliability. Building on the early work of Rawls, we identify several particular factors related to moral reasoning that are specific enough to be the target of practical intervention: logical competence, conceptual understanding, empirical competence, openness, empathy and bias. Improving on these processes can in turn make people more morally reliable in a variety of contexts and has implications for recent debates over moral enhancement. (shrink)

The concept of organizational justice is important to understanding and predicting organizational behavior. A significant development in the research literature has been the separation of distributive and procedural justice. While much of the research has focused on negative outcomes, this research attempted to verify the presence of both forms of justice in the context of positive outcomes. Subjects completed an instrument designed to measure their perceptions of distributive and procedural justice. The subjects also reported their satisfaction and sense (...) of fairness with their salary increases, their belief that the procedures to award the increases had been followed, and their level of information and agreement regarding the salary program. These measures, along with size of salary increase and gender were examined to determine their impact on the subjects' perceived level of justice. The data support the existence of the two distinct forms of justice, but suggest that procedural justice may, in turn, branch out into two aspects. One category involves being informed, and a second appears to deal with acceptance of procedures. A series of relationships are then considered. Significant gender effects were non-existent. (shrink)

The purpose of this study was to extend the knowledge about why procedural justice has behavioral implications within organizations. Since prior studies show that PJ leads to legitimacy, the author suggests that, when formal regulations are unfairly implemented, they lose their validity or efficacy. This “rule deactivation,” in turn, leads to two proposed destructive work behaviors, namely, workplace deviance and decreased citizenship behaviors. The results support this mediating role of RD, thus suggesting that it forms part of the (...) generative mechanism through which unfair procedures influence ethical behavior within organizations. The author ends the article by discussing behavioral ethics and managerial implications as well as suggestions for future research. (shrink)

ABSTRACTPeople have procedural rights because states are under a duty of political morality to provide them with fair procedures for settling disputes about the application of the laws. This obligation flows from the state's duty to treat each person as a free and equal member of the legal order. Yet adherence to procedural rights can impede accuracy in fact-finding, which in turn can result in poor protection for substantive rights. So the state also has a duty to (...) provide a reasonable degree of accuracy in fact-finding. The legal order should therefore strive to improve the accuracy of fact-finding, within the constraints imposed by procedural rights people have. Nevertheless, the duty to provide reasonably accurate procedures is subordinate to the duty to provide procedural rights because the settlement of disputes among free persons must be conducted in a manner that respects their status as free persons. (shrink)

This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, (...) we find that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s compliance with the law: (i) their belief that they have a (content-independent, moral) duty to obey the law (which is one element of legitimacy, as defined here); and (ii) their moral assessment of the content of specific legal requirements (‘perceived moral content of laws’). We also observe an interactive relationship between these two factors. At higher levels of perceived moral content of laws, felt duty to obey is a better predictor of compliance. And, similarly, perceived moral content of laws is a better predictor of compliance at higher levels of felt duty to obey. This suggests that the moral content incorporated in specific laws interacts with the normative force people ascribe to legal authorities by virtue of other qualities, specifically here procedural justice and lawfulness. In Section 3, the focus shifts to a philosophical analysis, whereby we identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. We advocate a distinctive alternative to two rival approaches in jurisprudential discourse, the first of which claims that Lon Fuller’s eight precepts of legality embody moral qualities not contingent on the law’s content, while the second denies any independent moral value in these eight precepts, viewing them as entirely subservient to the law’s substantive goals. In contrast, on the view put forward here, Fuller’s principles possess (inter alia) an expressive moral quality, but their expressive effect does not materialise in isolation from other, contextual factors. In particular, the extent to which it materialises is partly sensitive to the moral quality of the law’s content. (shrink)

The purpose of this study was to extend the knowledge about why procedural justice (PJ) has behavioral implications within organizations. Since prior studies show that PJ leads to legitimacy, the author suggests that, when formal regulations are unfairly implemented, they lose their validity or efficacy (becoming deactivated even if they are formally still in force). This "rule deactivation," in turn, leads to two proposed destructive work behaviors, namely, workplace deviance and decreased citizenship behaviors (OCBs). The results support this (...) mediating role of PJD, thus suggesting that it forms part of the generative mechanism through which unfair procedures influence (un) ethical behavior within organizations. The author ends the article by discussing behavioral ethics and managerial implications as well as suggestions for future research. (shrink)

This volume explores the state of literary theory today, decades after the repeatedly proclaimed end of theory. It builds on the idea that theory is historically constituted as it is “always becoming something else” as Leslie Fiedler claimed in the 1950s, arguing that the historical constitution of theory relies on theory’s procedural nature. In order to assess theory’s procedural challenge to the fundamental notions that all the disciplines within an episteme have brought to the fore, it addresses these (...) questions: What are the procedures theory has relied on? Are they a secret to its resistance, or is resistance its primary procedure? And if so, a resistance to what? Secondly, if resistance were theory’s principal vehicle, at which point does resistance, conceptualized only procedurally (as resisting something, questioning anything, criticizing whatever), display hallmarks of a disciplinary closure that must call for new resistances, and perhaps for a fundamentally another kind? The book turns to what theory does in order to avoid a partial answer to what theory is. (shrink)

This methodological intervention proposes that the typical conversation sets up or modifies Micro Knowledge Profiles by using (partly anaphoric) discourse devices of Thick Cross-referencing; and that a certain type of translation procedure maps from such knowledge on to Macro Acquaintance Profiles. In a typical conversation, partners already acquainted with each other and with various matters renew their acquaintance. This renewal has consequences modifying their knowledge profiles and their action plans. The details that make the conversation flow have to be set (...) aside for the translation procedure to see the consequences of a conversation. The widespread desire to accurately profile the involvement of persons in conversations and the impossibility of telling any conversation-detached truth has been bringing about a mutation in the way we officially share and transmit knowledge; this mutation can be usefully called the Conversational Turn. (shrink)

When discussions of scientific method shift from natural sciences to social sciences, we tend to feel that we are turning from strict sciences to subject matters which may have achieved some measure of intellectual competence but which lack the rigor, objectivity and principles of organization found in mature science. This sense of a difference between the natural sciences and the social sciences is connected with questions of the meaning and rôle of laws. To the extent to which social and historical (...) events have not been reduced to laws or perhaps cannot be, the disciplines which study such events are considered immature or imperfect sciences. To the extent to which social sciences do not offer predictions, they are felt to have little application to the solution of actual and immediate problems. When a bridge has to be built over a chasm, the laws of the natural sciences can be brought to bear. But when a treaty is to be drawn, where, it is asked, are the social and historical laws which can be applied to the situation? (shrink)

This article focuses on three scenarios in which residual biological materials are turned into research collections during the procedure of procuring these materials for diagnostic, therapeutic or other non-research purposes. These three scenarios differ from each other primarily because they employ different models of consent: (a) precautionary consent, which may be secured during the collecting procedure; (b) the presumed consent model, which may be applied during the collection of materials; and (c) consent for research use of identifiable human biological materials, (...) which may be skipped entirely. These scenarios offer additional sources of biological samples for research purposes and at the same time seem to offer even more flexibility in terms of stringency of consent as compared with the more traditional models of broad consent in prospective research collections and the waiver of consent in retrospective research. Our discussion leads us to think that precautionary consent is preferable to presumed consent and no consent when handling issues of consent in the use of residual human biological materials for research. However, such precautionary consent should not be construed as blanket, unrestricted consent for any future use. (shrink)

Interval Temporal Logic is a finite-time linear temporal logic with applications in hardware verification, temporal logic programming and specification of multimedia documents. Due to the logic's non-elementary complexity, efficient ITL-based verification tools have been difficult to develop, even for propositional subsets. MONA is an efficient implementation of an automata-based decision procedure for the logic WS1S. Despite the non-elementary complexity of WS1S, MONA has been successfully applied in problems such as hardware synthesis, protocol verification and theorem proving. Here we consider a (...) rich propositional subset of ITL, PITL, whose expressive power is equivalent to that of WS1S, and in turn to that of regular languages. PITL not only includes operators such as chop, star and projection, but also past operators such as previous, chop in the past and since. We provide an interpretation of PITL formulas in WS1S, which led us to a direct translation from PITL formulas to MONA specifications. We present the tool PITL2MONA as an implementation of such translation. With PITL2MONA acting as a front-end, MONA is used as a decision procedure for PITL. To our knowledge, this is one of the few implementations of a decision procedure for PITL, the first one based on automata, and the only one which handles both projection and past operators. We have tested our implementation on a number of examples; we show in this paper the application of PITL and its MONA-based decision procedure in solutions to the dining-philosophers and a multimedia synchronisation problem, together with some experimental results on these and some other examples. (shrink)

Permutative logic is a non-commutative conservative extension of linear logic suggested by some investigations on the topology of linear proofs. In order to syntactically reflect the fundamental topological structure of orientable surfaces with boundary, permutative sequents turn out to be shaped like q-permutations. Relaxation is the relation induced on q-permutations by the two structural rules divide and merge; a decision procedure for relaxation has been already provided by stressing some standard achievements in theory of permutations. In these pages, we (...) provide a parallel procedure in which the problem at issue is approached from the point of view afforded by geometry of 2-manifolds and solved by making specific surfaces interact. (shrink)

William Smith’s recent article criticises the so-called orthodox approaches to the normative analysis of healthcare resource allocation, associated to the requirement that decision-makers should abide by strictly procedural principles of legitimacy defining a deliberative democratic process. Much of the appeal of Smith’s argument goes down to his awareness of real-world processes and, in particular, to the large gap he identifies between well-led democratic deliberation and the messiness of the process through which the intuitively legitimate Affordable Care Act was created. (...) This reply aims to demonstrate that the ACA provides no counterexample to orthodox views, seizing this opportunity to explore the specific space that the procedural principles populating orthodox accounts are meant to regulate. Neither general questions of healthcare justice concerning, for example, universal access nor, relatedly, the activity of elected politicians falls within the natural scope of application of such principles, revealing a much more complex picture of the interactions between justice and legitimacy as well as substantive and procedural considerations than acknowledged by Smith. In the end, orthodox accounts of healthcare resource allocation turn out to provide a precious fund of theoretical resources for the normative study of administrators, which might be useful well beyond bioethics and health policy. (shrink)

We describe BDD-based decision procedures for the modal logic K. Our approach is inspired by the automata-theoretic approach, but we avoid explicit automata construction. Instead, we compute certain fixpoints of a set of types — which can be viewed as an on-the-fly emptiness of the automaton. We use BDDs to represent and manipulate such type sets, and investigate different kinds of representations as well as a “level-based” representation scheme. The latter turns out to speed up construction and reduce memory consumption (...) considerably. We also study the effect of formula simplification on our decision procedures. To prove the viability of our approach, we compare our approach with a representative selection of other approaches, including a translation of K to QBF. Our results indicate that the BDD-based approach dominates for modally heavy formulae, while search-based approaches dominate for propositionally heavy formulae. (shrink)

This article argues that an ethic applying the technology assessment (TA)-method is only feasible as a risk ethic, since the consequences of technical action are ambivalent and uncertain. It first distinguishes possible strategies of justification for a risk ethic, that is (a) deontological, (b) teleological and (c) procedural approaches. On the basis of the critique of both (a) and (b), a central problem for the integration of discourse ethics in the TA-method is highlighted by reverting to a game theory (...) modeling: As it turns out, mechanisms of self-selection undermine the representativity of discourses and thus its legitimation. In view of this dilemma, the article pledges for a complementary approach selectively integrating (a)-(c) into a “provisional moral”. (shrink)

In this article the authors1 approach material and symbolic violence through transdisciplinary readings of theoretical debates, fiction and empirical narratives. They make use of the concept of turning points which disrupt dichotomous and static categorizations of victim and survivor, and their association with passivity and agency respectively. In situations of violence, turning points represent temporality instead of timelessness, dialogism instead of monologism, multilayering rather than any fixed identity. The authors draw on the theorists Bakhtin and Certeau, whose work highlights the (...) significance of meaning-making between self and other. They analyse empirical and fictional narratives to understand the creation of dialogic spaces, a space that both subordinates and subverts. Pointing to the procedural nature of turning points within the everyday, the authors argue that women, despite the pain and trauma, are neither just a victim nor just a survivor in a violent relationship. (shrink)

According to the received view, the first spyglass was assembled without any theory of how the instrument magnifies. Galileo, who was the first to use the device as a scientific instrument, improved the power of magnification up to 30 times. How did he accomplish this feat? Galileo does not tell us what he did. We hold that such improvement of magnification is too intricate a problem to be solved by trial and error, accidentally stumbling upon a complex procedure. We construct (...) a plausibility argument and submit that Galileo had a theory of the telescope. He could develop it by analogical reasoning based on the phenomenon of reflection in mirrors—as it was put to use in surveying instruments—and applied to refraction in sets of lenses. Galileo could appeal to this analogy and assume Della Porta’s theory of refraction. He could thus turn the spyglass into a revolutionary scientific instrument—the telescope. (shrink)

Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty, and of (...) preventive orders. The paper will assess the implications of these changes for the function of the criminal law, assessing the reasons behind them, and examining whether or not they are to be welcomed. Identifying the larger import of these changes draws attention to the changing relationship between state and citizen as well as changes in the nature of the state itself. These can in turn be attributed to a jostling among the different manifestations of the authoritarian state, the preventive state, and the regulatory state. These changes have profound normative implications for a liberal theory of the criminal law that require its re-articulation and its defence. A modest start may be to insist that where the conduct is criminal and the consequences are punitive the protections of criminal procedure and trial must be upheld. (shrink)

Although it is an increasingly popular assumption that leader mindfulness may positively affect leader behaviors and, in turn, employee outcomes, to date, little empirical evidence supports this view. Against this backdrop, the present research seeks to develop and test a serial mediation model of leader mindfulness. Specifically, we propose that leader mindfulness enhances employee performance and that this relationship is explained by increased leader procedural justice enactment and, subsequently, reduced employees’ emotional exhaustion. We conducted three studies to test (...) this model. Study 1 involved employees from a wide range of organizations in the USA. Study 2 used a sample of leaders and employees from China and measured our model variables at three different points in time. Both studies provide consistent support for our hypotheses. Finally, Study 3 involved a laboratory experiment in which 62 senior executives were assigned to either a mindfulness induction or to a control condition. Again, results revealed a significant and positive link between leader mindfulness and leader procedural justice enactment. In sum, these findings expand our understanding of mindfulness to the domain of leadership, a key area of organizational research. Moreover, they complement prior studies by showing that mindfulness dynamics go beyond intrapersonal effects but also influence the attitudes and behaviors of others. We discuss our findings in light of their contributions to the mindfulness, ethics, and leadership literatures and point out implications for practice. (shrink)

This paper explores the conduct of performance appraisals of nurses in a New Zealand hospital, and how fairness is perceived in such appraisals. In the health sector, performance appraisals of medical staff play a key role in implementing clinical governance, which, in turn, is critical to containing health care costs and ensuring quality patient care. Effective appraisals depend on employees perceiving their own appraisals to be fair both in terms of procedure and interaction with their respective appraiser. We examine (...) qualitative data from interviews and focus groups, involving 22 nurses in a single department, to determine whether perceived injustices impact on the effective implementation of the appraisal system. Our results suggest that particular issues had been causing some sense of injustice, and most of these were procedural. Potential solutions focus on greater formalisation of the performance appraisal process, and more training for appraisers and appraisees. (shrink)

The use of advanced AI and data-driven automation in the public sector poses several organisational, practical, and ethical challenges. One that is easy to underestimate is automation bias, which, in turn, has underappreciated legal consequences. Automation bias is an attitude in which the operator of an autonomous system will defer to its outputs to the point where the operator overlooks or ignores evidence that the system is failing. The legal problem arises when statutory office-holders (or their employees) either fetter (...) their discretion to in-house algorithms or improperly delegate their discretion to third-party software developers—something automation bias may facilitate. A synthesis of previous research suggests an easy way to mitigate the risks of automation bias and its potential legal ramifications is for those responsible for procurement decisions to adhere to a simple checklist that ensures that the pitfalls of automation are avoided as much as possible. (shrink)

This article provides an empirical demonstration of the saliency of epistemics to two core conversational organizations, turn-taking and repair. To that end, I examine cases in which a participant of a multiparty conversation intervenes into a repair sequence to respond to a repair initiation addressed to the trouble-source speaker, that is, in violation of the turn-taking rules, without having an epistemically grounded entitlement to do so. I show that such interventions enact a range of corrective actions vis-a-vis the (...) repair initiation, such as contesting and correcting assumptions or understandings conveyed by the repair initiation. In providing these corrections ‘out of turn’, the intervening speakers demonstrate their own attentive recipiency or cultural expertise and, at the same time, expose the repair initiator’s interactional faux pas. The analysis demonstrates the procedural consequentiality of epistemic considerations for the interlocutors – and, thus, the necessity to incorporate them into an empirically grounded analysis of their actions. (shrink)

Recent decades have witnessed a growing number of states around the world relying on border control measures, such as immigration detention, to govern human mobility and control the movements of those classified as “unauthorised non-citizens.” In response to this, an increasing number of scholars from several disciplines, including psychologists, have begun to examine this phenomenon. In spite of the widespread concerns raised, few studies have been conducted inside immigration detention sites, primarily due to difficulties in gaining access. This body of (...) research becomes even scanter when it comes to the experiences of detained women. This study is the first of its kind to have surveyed 93 women confined in an Italian immigration detention facility. A partial mediation model with latent variables was tested through partial least structural equation modelling (PLS-SEM). The findings revealed the negative impact that unfair immigration procedures have on detained women’s human dignity, which in turn negatively affects their self-rated physical and mental health. Overall, our study sheds light on the dehumanisation and damage to human dignity that immigration detention entails, as well as its negative impact on the health of those affected. This evidence reinforces the image of these institutions as sites of persistent injustice, while stressing the need to envision alternative justice-oriented forms to address human mobility. (shrink)

This paper takes stock of a recent but growing movement within the field of deliberative democracy, which normatively argues for the epistemic dimension of democratic authority and positively defends the truth-tracking properties of democratic procedures. Authors within that movement call themselves epistemic democrats, hence the recognition by many of an ‘epistemic turn’ in democratic theory. The paper argues that this turn is a desirable direction in which the field ought to evolve, taking it beyond the ‘fact of disagreement’ (...) that had previously blocked the conceptual road to acknowledging more than intrinsic properties to democratic decision procedures. The paper shows how two authors in particular – Joshua Cohen and David Estlund – have successfully lifted the Rawlsian requirement of epistemic abstinence and defends epistemic democrats and the implications of the epistemic turn in democratic theory against various misconceptions. (shrink)

Why would decision makers adopt heuristics, priors, or in short “habits” that prevent them from optimally using pertinent information—even when such information is freely-available? One answer, Herbert Simon’s “procedural rationality” regards the question invalid: DMs do not, and in fact cannot, process information in an optimal fashion. For Simon, habits are the primitives, where humans are ready to replace them only when they no longer sustain a pregiven “satisficing” goal. An alternative answer, Daniel Kahneman’s “mental economy” regards the question (...) valid: DMs make decisions based on optimization. Kahneman understands optimization not differently from the standard economist’s “bounded rationality.” This might surprise some researchers given that the early Kahneman, along with Tversky, have uncovered biases that appear to suggest that choices depart greatly from rational choices. However, once we consider cognitive cost as part of the constraints, such biases turn out to be occasional failures of habits that are otherwise optimal on average. They are optimal as they save us the cognitive cost of case-by-case deliberation. While Kahneman’s bounded rationality situates him in the neoclassical economics camp, Simon’s procedural rationality echoes Bourdieu’s “habitus” camp. To abridge the fault line of the two camps, this paper proposes a “two problem areas hypothesis.” Along the neoclassical camp, habits satisfy wellbeing, what this paper calls “substantive satisfaction.” Along the Bourdieu camp, habits satisfy belonging, love, and bonding with one’s environment, what this paper calls “transcendental satisfaction.”. (shrink)

Committees established for the ethical review of research involving animals have become a widespread legal standard around the world. Despite many differences in their composition, powers, and institutional settings, they share many common problems related to the well-established standards of procedural justice in administrative practice. The paper adapts the general theory of procedural justice to the specific context of ethical review committees. From this perspective, the main concerns over the procedural aspects of the ethical evaluation of research (...) projects are identified and examined. They include in particular the standards of the committees’ composition, impartiality, fair hearing, appeal, transparency, and benevolence. Their proper reflection in the regulatory regimes of animal ethics committees is necessary to secure the standards of fairness of the ethical review itself. This, in turn, is a condition of the moral and social legitimacy of all administrative and quasi-administrative procedures, including the committees’ operations. (shrink)

In this essay I defend an institutional approach to democratic legitimacy against proceduralist approaches that are commonly endorsed by deliberative democrats. Although deliberative democrats defend a complex view of democratic legitimacy that aims to account for both the procedural and substantive dimensions of legitimacy, most accounts of the relationship between these dimensions currently on offer are too proceduralist to be plausible (I). By contrast, I argue that adopting an institutional approach helps provide a more convincing account of the interplay (...) between procedural and substantive aspects of democratic legitimacy which in turn illuminates the intricate relationship between public deliberation and decision-making procedures such as voting (II). This account also enables us to see what is wrong with interpreting the legitimacy of majoritarian and non-majoritarian institutions in terms of an alleged conflict between popular sovereignty and rights protections. In opposition to this view, I argue that the proper standard for judging the democratic legitimacy of both majoritarian and non-majoritarian institutions is whether they enable an ongoing recursive process of deliberative contestation or whether they generate antidemocratic shortcuts instead (III). (shrink)

Cass Sunstein and Richard Thaler's proposal that social and legal institutions should steer individuals toward some options and away from others-a stance they dub "libertarian paternalism"-has provoked much high-level discussion in both academic and policy settings. Sunstein and Thaler believe that steering, or "nudging," individuals is easier to justify than the bans or mandates that traditional paternalism involves. -/- This Article considers the connection between libertarian paternalism and the regulation of reproductive choice. I first discuss the use of nudges to (...) discourage women from exercising their right to choose an abortion, or from becoming or remaining pregnant. I then argue that reproductive choice cases illustrate the limitations of libertarian paternalism. Where choices are politicized or intimate, as reproductive choices often are, nudges become not much easier to justify than traditional mandates or prohibitions. Even beyond the context of reproductive choice, it is not obvious how much easier nudges are to justify than bans or mandates. -/- Part I of this Article briefly introduces Sunstein and Thaler's libertarian paternalism. Part II then turns to the context of reproductive choice. Part II.A reviews restrictions on the right to choose an abortion-particularly post-Casey regulations such as waiting periods, requirements that women receive certain types of information, and requirements that women undergo ultrasound-that pitch themselves as steering choice without entirely closing off the right to choose an abortion. This distinction between nudges and prohibitions echoes Sunstein and Thaler's proposals, but works to subordinate women's choices to the judgment of (often male) experts and administrators-hence my term "libertarian patriarchalism." Part II.B reviews efforts to nudge women-particularly teenagers, HIV-positive women, and others thought to be unsuitable mothers-to avoid pregnancy. -/- Part III considers the normative implications of nudging reproductive decisions. In Part III.A, I argue that the political nature of reproductive choices presents a problem for nudges. I do so by considering a parallel with voting rights. Empirical research shows that voters are more likely to choose the candidate listed first on the ballot. Yet we do not empower the administrator in charge of ballot design to choose a default rule that nudges individuals toward the candidate he sincerely believes would promote choosers' welfare. Given the political nature of reproductive choices, a policymaker's attempting to nudge reproductive decisionmaking in the direction he prefers-or indeed in any direction-fails to show adequate respect for the chooser's agency. In Part III.B, I offer an argument that targets the use of nudges in the context of pregnancy. Finally, in Part III.C, I argue that nudges do not merely add choices to an existing menu, but change the substantive choices available to individuals and thereby impose more-than-trivial costs on them. I conclude by exploring the implications of my arguments for nudges more generally. (shrink)

The ethics of Public Relations is changing: the pragmatical approach is giving way to the dialogical approach. Pragmatical PR Ethics concentrates on issues and cases and hardly has a conceptual core. Dialogical PR Ethics concentrates on procedures and structures and uses symmetric communication as its core concept. Both approaches of PR ethics have their strong and weak points. A metaethical framework is presented to combine both approaches.

ArgumentIn the spring of 1893, the Austrian writer and critic Hermann Bahr began interviewing various people on antisemitism, a subject of heated discussion in the European feuilleton around 1900. “Once again, I am travelling the world sounding out people’s opinions and listening to what they have to say,” he wrote in his introduction to a series of articles on that issue that appeared in the feuilleton of the Deutsche Zeitung between March and September 1893. A year later, the Berlin publishing (...) house S. Fischer turned Bahr’s articles into a book. Bahr conducted a total of thirty-eight interviews with prominent personages, such as August Bebel, Theodor Mommsen, Ernst Haeckel, Henrik Ibsen and Jules Simon. Bahr did not focus on the arguments in favour or against antisemitism. Instead, he set out explicitly to investigate the sentiments, perceptions and opinions on this topic within the cultured classes. Yet, as I will show in this article, Bahr tried to capture not only the “sentiments” [Empfindungen] aired by his interviewees, but also the settings and interiors in which the interviews took place. I argue that these descriptions of physical space served Bahr as authentication, as a three-dimensional certificate for the “facts of opinion” [Meinungstatsachen] he recorded. (shrink)

This issue considers the ethics of a healthcare provider intervening into a patient’s genitalia, whether by means of cutting or surgery or by ‘mere’ touching/examination. Authors argue that the permissibility of such actions in the absence of a relevant medical emergency does not primarily turn on third-party judgments of expected levels of physical harm versus benefit, or on related notions such as extensiveness or invasiveness; rather, it turns on the patient’s own consent. To bolster this argument, attention is drawn (...) to the status of the genitals as ‘intimate’ anatomy—a status that is not fully erased by being in a medical context. In this editorial, we draw on the work of Talia Mae Bettcher on ‘intimate agency’ to explore why unconsented interventions into the genitalia may constitute a distinctive sort of personal violation compared to unconsented contact with various other parts of the human body. In their feature article, Marit van der Pijl and colleagues1 argue it is unethical for healthcare providers to perform unconsented episiotomies on persons in labour. In particular, they suggest that, outside of certain rare emergencies in which, for example, the person giving birth is incapacitated1 and the procedure cannot be delayed until consent becomes possible without introducing a significant risk of serious harm (call these ‘medically necessary’2 procedures), ‘presumed consent’ is the incorrect standard to apply. Instead, they stress that, especially when a proposed intervention involves a person’s genital, sexual or reproductive organs, the need to obtain their explicit consent in advance of proceeding must be honoured. As the authors note, the broader social significance of our genitalia—widely regarded as ‘private’ anatomy—is not erased by being in a medical context (see also 2–4). Boundaries must still be observed. Ethically, this ‘leaves a very small margin for error because invasion of these body parts …. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Consenting for Novel and Dangerous Surgical Procedures with Minimal Supporting EvidenceMichelle J. ClarkeFrank1 was a 19–year–old man referred to me after a workup for back pain led to the discovery of a large, aggressive tumor in his sacrum. The tumor wrapped around the nerves controlling bowel, bladder, and leg function. We performed a needle biopsy and learned that the tumor was an angiosarcoma, an extremely aggressive and usually deadly (...) form of cancer. However, the tumor was unique in that it theoretically could be cured if removed in one piece. But, to do so would necessitate sacrificing the nerves, leaving the patient irreversibly incontinent, lacking sexual function, and confined to a wheelchair.Once we knew the diagnosis, Frank came to the office with his family to discuss treatment options. He appeared terrified and was almost silent through the appointment, deferring most questions to his parents. Due to the speed of tumor growth, we discussed palliative therapy, conventional treatment, and the one–piece or “en bloc” surgery, which was new and unproven for his disease. Based on the remarkable tumor growth we noted during the work–up, with palliative treatment the patient would likely survive for less than six months. Conventional treatment, in which surgery is done to remove part of the tumor while sparing the nerves to bowel and bladder function, was known to have a high rate of recurrence and death. Further, this tumor didn’t respond well to radiation and chemotherapy, so chance of survival was limited, although his life might have been extended for a short period. Thus our conversation turned to the novel “en bloc” procedure.The en bloc procedure offered a hope of long–term survival unlike the other options. However, this came with an enormous cost. The surgery itself would be planned to occur over three days with five separate surgical teams and a very real chance of major complications or death. Nerves to bowel and bladder would be cut, irreversibly leaving the patient without sexual function, and completely incontinent with a urinary catheter and colostomy. Walking was expected to be disrupted or potentially impossible due to the nerve resection. We went to great lengths over the course of many visits to describe the impact of the surgery on the patient’s function, and the impact on his quality of life. To make matters more challenging, as this procedure was so new and the tumor so rare, research did not yet exist to quantify his likelihood of long–term survival.Personally I was very uncomfortable with the situation. From a medical standpoint, the surgery offered was the best distillation of research and professional experience. En bloc surgery offered the best—if not the only—chance for survival in [End Page 5] this young man. Additionally, having treated many spine–injured patients I was aware that many patients with similar deficits led happy and productive lives following an emotional and physical adjustment period. However the surgery was also extreme. I worried that we would not be able to accomplish the goal of a one–piece resection and would accidentally spill some of the tumor, creating all of the deficits but no survival benefit. Frankly, I thought there was a 25% chance that would happen, which was explained to the family preoperatively. Were we overreaching our abilities and making a dying patient’s life worse by proceeding?Second, I was uneasy about the social situation. The patient’s family was very supportive, traveling with him to all appointments and assisting with his care. The patient himself usually deferred all scheduling to his mother, which wasn’t entirely unusual for such a young man. However it was difficult to grasp how much the patient understood of his disease or supported the plan. We attempted to delve more deeply into his thoughts, including without his parents present, but got only short answers, which revealed little. While the family appeared to have accepted the diagnosis and wanted to get to the business of treatment, the patient seemed to me to still carry the shock of his recent cancer diagnosis. Pushed by the rapid tumor growth, we were limited in how long we could wait for... (shrink)

This paper is concerned with moral experimentalism, which I describe as the stance according to which moral inquiry is grounded not in objective foundations nor in our subjective inclinations but in our active encounter with things and events and in our communicative interactions with others. The notion of moral inquiry as grounded in objective foundations and that as based on subjective inclinations have traditionally been conceived of not as two independent possibilities but as the two poles of a dramatic Either/Or (...) that has profoundly conditioned, and still does, our perception of and approach to disagreements and conflicts. When the pragmatists, particularly Dewey, advanced the idea of an experimental approach to moral issues, they put it forward as an alternative to these extreme positions and, therefore, as a way out of what they perceived, I think correctly, as a false and pernicious dichotomy. The paper is divided into three parts: In the first section, I set the theoretical foundation of experimentalism as conceived of by the American pragmatists, in particular Peirce and Dewey. In the second part, and drawing mainly on Dewey’s Logic, I explore the procedural implications derived from the application of experimentalism to practice. In the third section, I consider the particularities of the application of experimentalism to the realm of ethics. As I argue, experimentalism is not only a promising approach to moral problems but perhaps the only effective remedy for the increasingly irrational attitudes with which they are today addressed. (shrink)

This article examines two corpora of telephone calls to the Swedish emergency services SOS-Alarm. The focus of analysis is on the procedural consequentiality of the routine opening by the operator. In the first corpus, the summons are answered by identification of the service via the emergency number. In the second corpus, the protocol has been altered, such that the opening entails the emergency number combined with a standard query concerning the nature of the incident. Through sequential and categorial analysis (...) of the two collections, we highlight the distinct trajectories of action ensuing from the two opening protocols. The stand-alone emergency number opening typically results in callers asking for a specific service. In contrast, opening turns that end with a direct query about the incident tend to solicit brief descriptions of the trouble. We discuss the benefits of the latter procedure in terms of topical progression and institutional relevance, proposing that the work of emergency assistance agencies worldwide might consider implementing opening routines with a similar design. (shrink)

Movements for environmental justice ought to engage the powerful mechanisms of change deployed in a Transitional Justice context. There is reason for restraint, however, in calling upon radically disruptive procedures to immediately amend the basic structure of society. I propose a modest expansion of the purview of Transitional Justice to recognize a class of environmental harms severe enough to trigger transitional measures. This class of harms is ecocide as social death, which I define as deliberate, state-sponsored environmental destruction resulting in (...) the annihilation of ways of life intimately connected to the natural world. The article then considers potential criticisms of this framework: its foundation in liberal political theory, its anthropocentrism, and its exclusion of global environmental harms. Despite being anthropocentric, the model offers a means of politically and legally representing the value of the natural world beyond its role as a stock of resources for human consumption. I defend an expressly liberal approach to Transitional Justice that emphasizes the core of the liberal social contract—respect for diversity. (shrink)

In the section called “Observation of Nature” in the Phenomenology of Spirit, Hegel considers and criticizes a particular form of methodology which seeks final purposes by analogy. Through this methodology what is essential for thought is the recognition and demarcation of differentiae, which are imputed to natural objects as qualities by which things maintain their distinct and separate character - what Hegel calls their “being-for-self.” By these differentiae, then, the objects are categorized into types, or “natural kinds,” which, in (...) class='Hi'>turn, are interpreted by natural philosophers according to a projected teleological system. Hegel’s critique is not aimed primarily at the categorization of objects, but at the method of interpretation used to characterize these categories as purposeful. In particular, Hegel is not criticizing the use of analogy as discussed in the biological writings of Aristotle, but the use of analogy by the transcendental idealists, especially Kant, who employs this method in the Critique of Judgment. (shrink)

ABSTRACT The EU’s activation of Article 7 procedures against Hungary and Poland signals that it is beginning to take seriously the illiberal turn in Central Europe. However, the likelihood that the EU can restrain populist and illiberal tendencies in Hungary and Poland in the near future is slim. Despite the efficacy of the EU and other international organizations in promoting liberalism in these countries in the past, similar efforts are hobbled by a lack of political will and by significant (...) bureaucratic hurdles. The impetus to protect the liberal institutions and practices developed after the collapse of communism must come from the combined efforts of additional external actors and, most of all, by strong pressure from below. (shrink)

At its beginnings Humanities Computing was characterized by a primary interest in methodological issues and their epistemological background. Subsequently, Humanities Computing practice has been prevailingly driven by technological developments and the main concern has shifted from content processing to the representation in digital form of documentary sources. The Digital Humanities turn has brought more to the fore artistic and literary practice in direct digital form, as opposed to a supposedly commonplace application of computational methods to scholarly research. As an (...) example of a way back to the original motivations of applied computation in the humanities, a formal model of the interpretive process is here proposed, whose implementation may be contrived through the application of data processing procedures typical of the so called artificial adaptive systems. (shrink)

In the section called “Observation of Nature” in the Phenomenology of Spirit, Hegel considers and criticizes a particular form of methodology which seeks final purposes by analogy. Through this methodology what is essential for thought is the recognition and demarcation of differentiae, which are imputed to natural objects as qualities by which things maintain their distinct and separate character - what Hegel calls their “being-for-self.” By these differentiae, then, the objects are categorized into types, or “natural kinds,” which, in (...) class='Hi'>turn, are interpreted by natural philosophers according to a projected teleological system. Hegel’s critique is not aimed primarily at the categorization of objects, but at the method of interpretation used to characterize these categories as purposeful. In particular, Hegel is not criticizing the use of analogy as discussed in the biological writings of Aristotle, but the use of analogy by the transcendental idealists, especially Kant, who employs this method in the Critique of Judgment. (shrink)

The conviction that philosophical problems are "problems of language" (Rorty) which may be solved, or dissolved, either by reforming language or by understanding more about the language we actually speak, forms the common ground of otherwise conflicting camps within 20th century analytic philosophy. The refusal of ordinary language philosophers to construct ideal languages stems from the prejudice that ordinary English satisfies all requirements for being an ideal language. If traditional philosophers would use words as ordinary speakers of English do they (...) would not be able to formulate questions, and theses, they are apt to do. They are "misusing language" and "transgressing the bounds of sense" (Hacker). However, ordinary language philosophers like Austin have no theory of the origin of the "metaphysical", that means, the "human restlessness in the ordinary" (Cavell) and the drive to speak outside language-games. Wittgenstein can be said to have such a theory. The vision of language he sketches out in the Investigations reveals that skepticism is a permanent threat of communication and thought. A direct (flat) repudiation of traditional themes and modes of thinking is, properly speaking, beyond the reach of linguistic procedures, as Wittgenstein would understand them. /// A convicção de que os problemas filosoficos são "problemas de linguagem" (Rorty) passiveis de serem solucionados, ou dissolvidos, seja mediante a reforma da linguagem ou mediante uma melhor compreensão da linguagem que na realidade falamos, constitui a plataforma comum a vários compos, de outra forma em competição uns com os outros, dentro da corrente analítica defilosofia no século XX. A recusa por parte dos filósofos da linguagem ordinária em construir uma linguagem ideal deriva do preconceito segundo o qual a linguagem comum satisfaz todos os requisitos de uma linguagem ideal. Se os filósofos tradicionais usassem as palavras como os falantes ordinários da língua inglesa (ou outra) fazem não seriam capazes deformular questões, e teses, ted como se sentem capazes de fazer. Eles estão simplesmente a abusar da linguagem e a "transgredir as fronteiras do sentido" (Hacker). Apesardisso, osfilosofos da linguagem ordindria, tais como Austin, naopossuem uma teoria acerca da origem do "metafísico", ou seja, da "inquietude humana no ordinário" (Cavell) e do impulso a falar fora dosjogos linguisticos. O artigo defende que uma tal teoria se encontra precisamente em Wittgenstein. A sua visão da linguagem nas Investigações revela que o cepticismo constitui uma ameaca permanente a comunicação e ao pensamento. Assim sendo, uma repudiação directa dos temas e dos modos de pensar tradicionais é algo que está para aélm do alcance dos procedimentos linguisticos, tal como Wittgenstein os entende. (shrink)

This is a review of Larry Alexander and Kim Ferzan’s _Reflections on Crime and Culpability_, a sequel to the authors’ _Crime and Culpability_. The two books set out a sweeping proposal for reforming our criminal law in ways that are at once commonsensical and mindbogglingly radical. But even if one is not on board with such a radical experiment, simply thinking it through holds many unexpected lessons: startlingly new insights about the current regime and about novel ways of doing legal (...) theory, some of which are explored in this essay. (shrink)