Most U.S. jurisdictions deem testimony regarding what one spouse tells the other in private inadmissible in most circumstances and most do not allow a person to be compelled to testify against his or her spouse. Although confidential communications and what a spouse knows about the other are both relevant and quite probative, triers of fact do not get to consider them. The scope, character, and very existence of these exceptions to the general principle of admitting everything into evidence have been (...) questioned by legal commentators for centuries, but they remain in force in most U.S. jurisdictions. This paper reviews the justifications for the spousal evidentiary privileges and argues for recasting the spousal evidentiary privileges in functional terms. (shrink)

Without Good Reason offers a clear critical account of the debate in philosophy and cognitive science about whether humans are rational. Various experiments performed over the last several decades have been interpreted as showing that humans are irrational; certain philosophers, on the other hand, have argued that it is a conceptual truth that humans must be rational. Edward Stein concludes that the question of human rationality should be answered not conceptually but empirically: the resources of a fully developed (...) cognitive science need to be used not only to answer this question but generally in investigations of the nature of human knowledge and understanding. (shrink)

Are humans rational? Various experiments performed over the last several decades have been interpreted as showing that humans are irrational we make significant and consistent errors in logical reasoning, probabilistic reasoning, similarity judgements, and risk-assessment, to name a few areas. But can these experiments establish human irrationality, or is it a conceptual truth that humans must be rational, as various philosophers have argued? In this book, Edward Stein offers a clear critical account of this debate about rationality in (...) philosophy and cognitive science. He discusses concepts of rationality - the pictures of rationality that the debate centres on - and assesses the empirical evidence used to argue that humans are irrational. He concludes that the question of human rationality must be answered not conceptually but empirically, using the full resources of an advanced cognitive science. Furthermore, he extends this conclusion to argue that empirical considerations are also relevant to the theory of knowedge - in other words, that epistemology should be naturalized. from the reviews: 'Stein has done a great service in bringing together all of the important arguments in the human rationality debate and providing a measured critical assessment of them.... This will be an important book and is essential reading for epistemologists, philosophers of mind, and cognitive and evolutionary psychologists.' Choice 'very considerable value... for professionals' Times Higher Education Supplement. (shrink)

Are humans rational? Various experiments performed over the last several decades have been interpreted as showing that humans are irrational we make significant and consistent errors in logical reasoning, probabilistic reasoning, similarity judgements, and risk-assessment, to name a few areas. But can these experiments establish human irrationality, or is it a conceptual truth that humans must be rational, as various philosophers have argued? In this book, Edward Stein offers a clear critical account of this debate about rationality in (...) philosophy and cognitive science. He discusses concepts of rationality - the pictures of rationality that the debate centres on - and assesses the empirical evidence used to argue that humans are irrational. He concludes that the question of human rationality must be answered not conceptually but empirically, using the full resources of an advanced cognitive science. Furthermore, he extends this conclusion to argue that empirical considerations are also relevant to the theory of knowedge - in other words, that epistemology should be naturalized. from the reviews: 'Stein has done a great service in bringing together all of the important arguments in the human rationality debate and providing a measured critical assessment of them.... This will be an important book and is essential reading for epistemologists, philosophers of mind, and cognitive and evolutionary psychologists.' Choice 'very considerable value... for professionals' Times Higher Education Supplement. (shrink)

In the last decade, fierce controversy has arisen over the nature of sexual orientation. Scientific research, religious views, increasingly ambiguous gender roles, and the growing visibility of sexual minorities have sparked impassioned arguments about whether our sexual desires are hard-wired in our genes or shaped by the changing forces of society. In recent years scientific research and popular opinion have favored the idea that sexual orientations are determined at birth, but philosopher and educator Edward Stein argues that much (...) of what we think we know about the origins of sexual desire is probably wrong. Stein provides a comprehensive overview of such research on sexual orientation and shows that it is deeply flawed. Stein argues that this research assumes a picture of sexual desire that reflects unquestioned cultural stereotypes rather than cross-cultural scientific facts, and that it suffers from serious methodological problems. He considers whether sexual orientation is even amenable to empirical study and asks if it is useful for our understanding of human nature to categorize people based on their sexual desires. Perhaps most importantly, Stein examines some of the ethical issues surrounding such research, including gay and lesbian civil rights and the implications of parents trying to select or change the sexual orientation of their children. The Mismeasure of Desire offers a reasoned, accessible, and incisive examination of contemporary thinking about one of the most hotly debated issues of our time and adds a compelling voice of dissent to prevailing--and largely unexamined--assumptions about human sexuality. (shrink)

In the months preceding the writing of this review, bioethics has been in the news a great deal. In congressional and public policy debates surrounding stem cell research, human cloning, and the Human Genome Project, bioethics and bioethicists have gained national attention and been subject to public scrutiny. Commentators have asked who these self-appointed moral experts are to tell us what is right and wrong.

The United States has recently made significant and positive civil rights gains for LGB people, including expanded recognition of marriages between people of the same sex. Among the central tropes that have emerged in the struggle for the rights of LGB people are that they are “born that way,” that sexual orientations cannot change, and that one's sexual orientation is not affected by choice. Writer Andrew Sullivan put it this way: “[H]omosexuality is an essentially involuntary condition that can neither be (...) denied nor permanently repressed.… [S]o long as homosexual adults as citizens insist on the involuntary nature of their condition, it becomes politically impossible to deny or ignore the fact of homosexuality.… [The strategy for obtaining LGB rights is to] seek full public equality for those who, through no fault of their own, happen to be homosexual.”This idea of linking LGB rights to empirical claims about sexual orientations has become so central that casting doubt on these claims is, in many circles, tantamount to opposing LGB rights. Nonetheless, claims about innateness, immutability, and lack of choice about sexual orientation should not be the primary basis for LGB rights. (shrink)

This paper considers a central objection to evolutionary epistemology. The objection is that biological and epistemic development are not analogous, since while biological variation is blind, epistemic variation is not. The generation of hypotheses, unlike the generation of genotypes, is not random. We argue that this objection is misguided and show how the central analogy of evolutionary epistemology can be preserved. The core of our reply is that much epistemic variation is indeed directed by heuristics, but these heuristics are analogous (...) to biological preadaptations which account for the evolution of complex organs. We also argue that many of these heuristics or epistemic preadaptations are not innate but were themselves generatedby a process of blind variation and selective retention. (shrink)

Perhaps the foremost issue in the emerging area of inquiry known as lesbian and gay studies is the social constructionist controversy. Social constructionism is the view that the categories of sexual orientation are cultural constructs rather than naturally universal categories. ____Forms of Desire__ brings together important essays by social constructionists and their critics, representing several disciplines and approaches to this debate about the history and science of sexuality.

Many people believe that a person's sexual orientation is genetic. Given the widespread prejudice against, and hatred of, homosexuals in many societies, it seems likely that many parents will be interested in using genetic technologies to prevent the birth of children who will not be heterosexual. This paper considers the moral and legal implications of such procedures (whether or not they would work). It is argued that the availability of procedures to select the sexual orientation of children would contribute to (...) discrimination and prejudice against lesbians, gay men and bisexuals and, more generally, undermine the maintenance of a just society. These effects carry significant weight in determining whether genetic technologies should be developed and whether their use is, or should be, legally permissible and morally acceptable. (shrink)

Perhaps the foremost issue in the emerging area of inquiry known as lesbian and gay studies is the social constructionist controversy. Social constructionism is the view that the categories of sexual orientation are cultural constructs rather than naturally universal categories. ____Forms of Desire__ brings together important essays by social constructionists and their critics, representing several disciplines and approaches to this debate about the history and science of sexuality.

In this paper, the author considers an argument against the thesis that humans are irrational in the sense that we reason according to principles that differ from those we ought to follow. The argument begins by noting that if humans are irrational, we should not trust the results of our reasoning processes. If we are justified in believing that humans are irrational, then, since this belief results from a reasoning process, we should not accept this belief. The claim that humans (...) are irrational is, thus, self-undermining. The author shows that this argument--and others like it--fails for several interesting reasons. In fact, there is nothing self-undermining about the claim that humans are irrational; empirical research to establish this claim does not face the sorts of a priori problems that some philosophers and psychologists have claimed it does. (shrink)

In this paper, the author considers an argument against the thesis that humans are irrational in the sense that we reason according to principles that differ from those we ought to follow. The argument begins by noting that if humans are irrational, we should not trust the results of our reasoning processes. If we are justified in believing that humans are irrational, then, since this belief results from a reasoning process, we should not accept this belief. The claim that humans (...) are irrational is, thus, self-undermining. The author shows that this argument---and others like it---fails for several interesting reasons. In fact, there is nothing self-undermining about the claim that humans are irrational; empirical research to establish this claim does not face the sorts of a priori problems that some philosophers and psychologists have claimed it does. (shrink)

Cohen (1981) and others have made an interesting argument for the thesis that humans are rational: normative principles of reasoning and actual human reasoning ability cannot diverge because both are determined by the same process involving our intuitions about what constitutes good reasoning as a starting point. Perhaps the most sophisticated version of this argument sees reflective equilibrium as the process that determines both what the norms of reasoning are and what actual cognitive competence is. In this essay, I will (...) evaluate both the general argument that humans are rational and the reflective equilibrium argument for the same thesis. While I find both accounts initially appealing, I will argue that neither successfully establishes that humans are rational. (shrink)

Research into the genetic component of some complex behaviors often causes controversy, depending on the social meaning and significance of the behavior under study. Research into sexual orientation—simplistically referred to as “gay gene” research—is an example of research that provokes intense controversy. This research is worrisome for many reasons, including the fact that it has been used to harm lesbians and gay men. Many homosexual people have been forced to undergo “treatments” to change their sexual orientation. Others chose to undergo (...) them to escape discrimination and social disapprobation. But there are other reasons to worry about such research. The very motivation for seeking an “origin” of homosexuality reveals homophobia. Moreover, such research may lead to prenatal tests that claim to predict for homosexuality. For homosexual people who live in countries with no legal protections these dangers are particularly serious. (shrink)

In this special issue, Steins and Edwards introduced the notion of nested platforms for resource use negotiation as a tool to facilitate collective action amongst multiple-users in complex common-pool resource management scenarios. Five discussion statements were put forward to aid the debate on multi-use platforms. This paper is a synthesis of the responses to these statements by the other contributors to this special issue. It aims to further stimulate the debate on the management of complex, multiple-use common-pool management scenarios.

Both advocates and opponents of lesbian, gay, and bisexual rights make reference to whether and how sexual orientations are embodied, namely whether one's sexual orientation is innate, unchangeable, or a "natural fact". In particular, in the United States, discussion centers on whether LGB people are "born that way" or "choose" to be gay. In litigation about LGB rights, this discussion connects to the so-called immutability factor in the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution and in (...) similar clauses in state constitutions. My presentation surveys the surrounding conceptual and the legal issues and focuses on how they play out in the context of recent court cases related to marriage for same-sex couples. I argue that in legal as well as political and social contexts, it is a better strategy to focus on justice, equality and fairness and to avoid biological, psychological, and other scientific issues about how sexual orientations are embodied. (shrink)

Most U.S. jurisdictions deem testimony regarding what one spouse tells the other in private inadmissible in most circumstances and most do not allow a person to be compelled to testify against his or her spouse. Although confidential communications and what a spouse knows about the other are both relevant and quite probative, triers of fact do not get to consider them. The scope, character, and very existence of these exceptions to the general principle of admitting everything into evidence have been (...) questioned by legal commentators for centuries, but they remain in force in most U.S. jurisdictions. This paper reviews the justifications for the spousal evidentiary privileges and argues for recasting the spousal evidentiary privileges in functional terms. (shrink)

In the months preceding the writing of this review, bioethics has been in the news a great deal. In congressional and public policy debates surrounding stem cell research, human cloning, and the Human Genome Project, bioethics and bioethicists have gained national attention and been subject to public scrutiny. Commentators have asked who these self-appointed moral experts are to tell us what is right and wrong.

The observation that humans are often irrational has become commonplace. This observation has received empirical support from various experiments performed by cognitive scientists that are supposed to show that humans systematically violate principles of probability, rules of logic, and other norms of reasoning. In response to these experiments, philosophers have made creative and appealing arguments that these experiments must be mistaken or misinterpreted because humans must be rational. I examine these arguments for human rationality and show that they fail; cognitive (...) science does play a role in assessing human rationality. ;In Chapter One, I examine three cognitive science experiments in detail and discuss what is at issue in the debate about human rationality. At issue is whether the mistakes humans make are mere mistakes or indicative of systematic divergences from norms of reasoning. Defenders of human rationality say these mistakes are not characteristic of underlying reasoning abilities but are performance errors. Because humans make performance errors, human reasoning ability cannot be read off of behavior, but rather is to be studied by exploring cognitive competence, the underlying ability to reason. ;In Chapter Two, I develop and discuss the notion of cognitive competence. I then consider and reject two arguments that human cognitive competence must match the norms of reasoning. The first argument appeals to simplicity considerations, the second to the supposed common origin of our cognitive competence and our normative standards. In Chapter Three, I turn to a related argument for a view that humans are rational that says cognitive competence is discovered in the same way norms of reasoning are justified: both projects involve reflective equilibrium using as data people's judgments about what counts as good reasoning. ;In Chapter Four, I consider an argument for human rationality that draws on the principle of charity: when translating utterances of a speaker, one should try to interpret her utterances as rational and true. ;In Chapter Five, I consider an argument for human rationality that appeals to evolution. This argument claims that natural selection will select for cognitive mechanisms that produce true beliefs, and that such "truth-tropic" mechanisms are sufficient for being rational. ;My overall conclusion is that while cognitive science does not determine what the normative principles of reasoning are, it is relevant to whether or not human cognitive competence matches these principles; whether or not humans are irrational is, thus, an empirical question. (shrink)

Both advocates and opponents of lesbian, gay, and bisexual rights make reference to whether and how sexual orientations are embodied, namely whether one's sexual orientation is innate, unchangeable, or a "natural fact". In particular, in the United States, discussion centers on whether LGB people are "born that way" or "choose" to be gay. In litigation about LGB rights, this discussion connects to the so-called immutability factor in the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution and in (...) similar clauses in state constitutions. My presentation surveys the surrounding conceptual and the legal issues and focuses on how they play out in the context of recent court cases related to marriage for same-sex couples. I argue that in legal as well as political and social contexts, it is a better strategy to focus on justice, equality and fairness and to avoid biological, psychological, and other scientific issues about how sexual orientations are embodied. (shrink)

If, as is not implausible, the correct moral theory is indexed to human capacity for moral reasoning, then the thesis that moral heuristics exist faces a serious objection. This objection can be answered by embracing a wide reflective equilibrium account of the origins of our normative principles of morality.

In this article, we evaluate the status of current biological research into sexual orientation and examine the relevance of such research on the legal and social status of gay men and lesbians. We begin with a review of hormonal, neuroanatomical and genetic studies of sexual orientation. We argue that the scientific study of sexual orientation is, at best, still in its infancy. We turn then to the ethical and social implications of this research. We argue that even if scientists could (...) explain how sexual orientation develops, no significant ethical conclusions would follow. Further, we suggest that the current emphasis on finding a biological basis for sexual orientation is potentially harmful to lesbians, gay men and other sexual minorities in various ways (although perhaps it is in some ways potentially helpful as well). (shrink)

Collective action processes in complex, multiple-use common-pool resources (CPRs) have only recently become a focus of study. When CPRs evolve into more complex systems, resource use by separate user groups becomes increasingly interdependent. This implies, amongst others, that the institutional framework governing resource use has to be re-negotiated to avoid adverse impacts associated with the increased access of any new stakeholders, such as overexploitation, alienation of traditional users, and inter-user conflicts. The establishment of “platforms for resource use negotiation” is a (...) way of dealing with complex natural resource management problems. Platforms arise when stakeholders perceive the same resource management problem, realize their interdependence in solving it, and come together to agree on action strategies for solving the problem (Röling, 1994). This article sets the scene for a discussion in this Special Issue about the potential of nested platforms for resource use negotiation in facilitating collective action in the management of complex, multiple-use CPRs. The article has five objectives. First, we define “collective action” in the context of this paper. Second, we discuss the importance of collective action in multiple-use CPRs. Third, we introduce the concept of platforms to coordinate collective action by multiple users. Fourth, we address some issues that emerge from evidence in the field regarding the role and potential of nested platforms for managing complex CPRs. Finally, we raise five discussion statements. These will form the basis for the collection of articles in this special issue. (shrink)

This paper investigates the question of, and the degree to which, Newton’s theory of space constitutes a third-way between the traditional substantivalist and relationist ontologies, i.e., that Newton judged that space is neither a type of substance/entity nor purely a relation among such substances. A non-substantivalist reading of Newton has been famously defended by Howard Stein, among others; but, as will be demonstrated, these claims are problematic on various grounds, especially as regards Newton’s alleged rejection of the traditional substance/accident (...) dichotomy concerning space. Nevertheless, our analysis of the metaphysical foundations of Newton’s spatial theory will strive to uncover its unique and innovative characteristics, most notably, the distinctive role that Newton’s “immaterialist” spatial ontology plays in his dynamics. (shrink)

This paper investigates Newton’s ontology of space in order to determine its commitment, if any, to both Cambridge neo-Platonism, which posits an incorporeal basis for space, and substantivalism, which regards space as a form of substance or entity. A non-substantivalist interpretation of Newton’s theory has been famously championed by Howard Stein and Robert DiSalle, among others, while both Stein and the early work of J. E. McGuire have downplayed the influence of Cambridge neo-Platonism on various aspects of Newton’s (...) own spatial hypotheses. Both of these assertions will be shown to be problematic on various grounds, with special emphasis placed on Stein’s influential case for a non-substantivalist reading. Our analysis will strive, nonetheless, to reveal the unique or forward-looking aspects of Newton’s approach, most notably, his critical assessment of substance ontologies, that help to distinguish his theory of space from his neo-Platonic contemporaries and predecessors. (shrink)

"This book will take its place in libraries next to the finest works abou;this creative thinker." —Religious Studies Review "... gives a fine sense of the present state and the future direction of Edwards studies... Recommended for upper-division undergraduate and graduate students." —Choice "... this volume opens up new windows, not only on previously neglected texts of Jonathan Edwards, but on the larger cultural functions and effects of those texts." —Journal of the History of the Behavioral Sciences Here is a (...) compact survey of current Edwards scholarship. These essays present groundbreaking contemporary scholarship focusing on the writings of the 18th-century American philosopher and theologian Jonathan Edwards. They range widely across the Edwardsian canon, including his most prominent and important published texts—Religious Affections and The Nature of True Virtue—as well as unfamiliar treatises and sermons. (shrink)