Strategies for disclosing investigators' financial interests to potential research participants have been adopted by many research institutions. However, little is known about how decisions are made regarding disclosures of financial interests to potential research participants, including what is disclosed and the rationale for making these determinations. We sought to understand the attitudes, beliefs, and practices of institutional review board chairs, conflict of interest committee chairs, and investigators regarding disclosure of financial interests to potential research participants. Several themes emerged, including general (...) attitudes toward conflicts of interest, circumstances in which financial interests should be disclosed, rationales and benefits of disclosure, what should be disclosed, negative effects of and barriers to disclosure, and timing and presentation of disclosure. Respondents cited several rationales for disclosure, including enabling informed decision making, promoting trust in researchers and research institutions, and reducing legal liability. There was general agreement that disclosure should happen early in the consent process. Respondents disagreed about whether to disclose the amounts of particular financial interests. Clarifying the goals of disclosure and understanding how potential research participants use the information will be critical in efforts to ensure the integrity of clinical research and to protect the rights and interests of participants. (shrink)

Data documenting poor understanding among research participants and real-time efforts to assess comprehension in large-scale studies are focusing new attention on informed consent comprehension. Within the context of biobanking consent, we previously convened a multidisciplinary panel to reach consensus about what information must be understood for a prospective participant’s consent to be considered valid. Subsequently, we presented them with data from another study showing that many U.S. adults would fail to comprehend the information the panel had deemed essential. When asked (...) to evaluate the importance of the information again, panelists’ opinions shifted dramatically in the direction of requiring that less information be understood. Follow-up interviews indicated significant uncertainty about defining a threshold of understanding and what should happen when prospective participants are unable to grasp key information. These findings have important implications for urgently needed discussion of whether... (shrink)

The ethical treatment of cancer patientsparticipating in clinical trials requiresthat patients are well-informed about thepotential benefits and risks associated withparticipation. When patients enrolled in phaseI clinical trials report that their chance ofbenefit is very high, this is often taken as evidence of a failure of the informed consent process. We argue, however, that some simple themes from the philosophy of language may make such a conclusion less certain. First, the patient may receive conflicting statements from multiple speakers about the expected (...) outcome of the trial. Patients may be reporting the message they like best. Second, there is a potential problem of multivocality. Expressions of uncertainty of the frequency type can be confused with expressionsof uncertainty of the belief type. Patients may be informed using frequency-type statements and respond using belief-type statements. Third, each speech episode involving the investigator and the patient regarding outcomes may subservemultiple speech acts, some of which may beindirect. For example, a patient reporting ahigh expected benefit may be reporting a beliefabout the future, reassuring family members,and/or attempting to improve his or her outcome by apublic assertion of optimism. These sources oflinguistic confusion should be considered injudging whether the patient's reported expectation isgrounds for a bioethical concern that there hasbeen a failure in the informed consent process. (shrink)

Pragmatic clinical trials offer important benefits, such as generating evidence that is suited to inform real-world health care decisions and increasing research efficiency. However, PCTs also present ethical challenges. One such challenge involves the management of information that emerges in a PCT that is unrelated to the primary research question, yet may have implications for the individual patients, clinicians, or health care systems from whom or within which research data were collected. We term these findings as?pragmatic clinical trial collateral findings,? (...) or?PCT-CFs?. In this article, we explore the ethical considerations associated with the identification, assessment, and management of PCT-CFs, and how these considerations may vary based upon the attributes of a specific PCT. Our purpose is to map the terrain of PCT-CFs to serve as a foundation for future scholarship as well as policy-making and to facilitate careful deliberation about actual cases as they occur in practice. (shrink)

Volume 20, Issue 5, June 2020, Page 18-20.

Investigator and institutional financial conflicts of interest have raised concerns about both the integrity of clinical research and protecting the rights and welfare of research participants. In response, professional groups and governmental bodies have issued guidance for managing conflicts of interest to minimize their potential untoward effects. Although a variety of approaches have been offered, a common protection is to disclose financial interests in research to potential research participants as part of the recruitment and informed consent process. This approach reinforces (...) a basic norm of candor, ideally allowing potential research participants to evaluate whether financial interests should affect their decision to participate in research. Disclosure to potential research participants is viewed as an alternative to having regulators or research institutions limit or prohibit all financial interests in research, assuming that not all such interests are unacceptable. (shrink)

Tryon has proposed the definition of a scientific explanation as an explanation that reduces uncertainty, and relates this to the reduction of statistical variance. Lamiell criticizes Tryon on several grounds, arguing that the reduction of criterion variance does not yield knowledge of the sort Tryon desires. This paper comments on Tryon's proposal, including his reply to Lamiell's criticisms. It is concluded that explanation as uncertainty reduction is a simple recapitulation of the Hempelian model of explanation at the theoretical level, and (...) an erroneous conception of statistical epistemology at the methodological level. 2012 APA, all rights reserved). (shrink)

Although informed consent is important in clinical research, questions persist regarding when it is necessary, what it requires, and how it should be obtained. The standard view in research ethics is that the function of informed consent is to respect individual autonomy. However, consent processes are multidimensional and serve other ethical functions as well. These functions deserve particular attention when barriers to consent exist. We argue that consent serves seven ethically important and conceptually distinct functions. The first four functions pertain (...) principally to individual participants: (1) providing transparency; (2) allowing control and authorization; (3) promoting concordance with participants' values; and (4) protecting and promoting welfare interests. Three other functions are systemic or policy focused: (5) promoting trust; (6) satisfying regulatory requirements; and (7) promoting integrity in research. Reframing consent around these functions can guide approaches to consent that are context sensitive and that maximize achievable goals. (shrink)

Predictable polarization is everywhere: we can often predict how people’s opinions, including our own, will shift over time. Extant theories either neglect the fact that we can predict our own polarization, or explain it through irrational mechanisms. They needn’t. Empirical studies suggest that polarization is predictable when evidence is ambiguous, that is, when the rational response is not obvious. I show how Bayesians should model such ambiguity and then prove that—assuming rational updates are those which obey the value of evidence—ambiguity (...) is necessary and sufficient for the rationality of predictable polarization. The main theoretical result is that there can be a series of such updates, each of which is individually expected to make you more accurate, but which together will predictably polarize you. Polarization results from asymmetric increases in accuracy. This mechanism is not only theoretically possible, but empirically plausible. I argue that cognitive search—searching a cognitively accessible space for a particular item—often yields asymmetrically ambiguous evidence, I present an experiment supporting its polarizing effects, and I use simulations to show how it can explain two of the core causes of polarization: confirmation bias and the group polarization effect. (shrink)

A definition of emotion common to the affective sciences is an urgent desideratum. Lack of such a definition is a constant source of numerous misunderstandings and a series of mostly fruitless debates. There is little hope that there ever will be agreement on a common definition of emotion, given the sacred traditions of the disciplines involved and the egos of the scholars working in these disciplines. Our aim here is more modest. We propose a list of elements for a working (...) definition of emotion and discuss the justification for the inclusion of elements from our respective perspectives (philosophy and psychology). This working partial definition may at least serve as a litmus test to examine theories of emotion, old and new, across disciplinary boundaries. (shrink)

We argue that explainable artificial intelligence (XAI), specifically reason-giving XAI, often constitutes the most suitable way of ensuring that someone can properly be held responsible for decisions that are based on the outputs of artificial intelligent (AI) systems. We first show that, to close moral responsibility gaps (Matthias 2004), often a human in the loop is needed who is directly responsible for particular AI-supported decisions. Second, we appeal to the epistemic condition on moral responsibility to argue that, in order to (...) be responsible for her decision, the human in the loop has to have an explanation available of the system’s recommendation. Reason explanations are especially well-suited to this end and we examine whether – and how – it might be possible to make such explanations fit with AI systems. We support our claims by focusing on a case of disagreement between human in the loop and AI system. (shrink)

Husserl seems to have devoted roughly equal amounts of energy and pages to the description of perception, judgement, and imagination. By “description,” he meant the analysis of the traits and components of mental states or acts and their objects. As his views changed over the years about the nature of intentionality and philosophy, the descriptive psychology of the Logical Investigations (1900/01) gave way to descriptive programmes in which the objects of perception and of judgement were conceived of in terms of (...) a new, analytic framework; in particular Husserl lost interest in describing the things and processes in the real world that are the objects of perception and judgement and so too in describing their relations to these acts. His new analytic framework, particularly as it applies to perception, has been thoroughly expounded and discussed in the literature. My aim here is to expound Husserl's first descriptions of perception within the framework of the Investigations and to incorporate as far as possible his later descriptive results to the extent that these are separable from his later turn to idealism. (shrink)

An important and engaging book on a key argument in contemporary debates about free will and moral responsibility.

Introduction -- Organization, society and politics -- An Aristotelian perspective -- The politics -- The public good -- The rhetoric -- Talk and texts -- The Nichomachean ethics -- Decision making and ethics -- The Poetics -- Bolshevism to ballet in three steps -- What is "public interest"?: a case study -- Where do we go from here?

ABSTRACTAndrew Bacon, Matti Eklund, and Patrick Greenough have individually proposed objections to the project in my book, Replacing Truth. Briefly, the book outlines a conceptual engineering project – our defective concept of truth is replaced for certain purposes with a team of concepts that can do some of the jobs we thought truth could do. Here, I respond to their objections and develop the views expressed in Replacing Truth in various ways.

This paper presents the results of two corpus studies investigating the discourse surrounding conspiracy theories and genuine theories. The results of these studies show that conspiracy theories lack the epistemic and scientific standing characteristic of theories more generally. Instead, our findings indicate that conspiracy theories are spread in a manner that resembles the dissemination of rumors and falsehoods. Based on these empirical results, we argue that it is time for both re-engineering conspiracy theory and for relabeling "conspiracy theory". We propose (...) relabelling conspiracy theories as either "conspiracy stories" or "conspiracy narratives" to more accurately convey their true nature. (shrink)

Assertions are the centre of gravity in social epistemology. They are the vehicles we use to exchange information within scientific groups and society as a whole. It is therefore essential to determine under which conditions we are permitted to make an assertion. In this paper we argue and provide empirical evidence for the view that the norm of assertion is justified belief: truth or even knowledge are not required. Our results challenge the knowledge account advocated by, e.g. Williamson (1996), in (...) general, and more specifically, put into question several studies conducted by Turri (2013, 2016) that support a knowledge norm of assertion. Instead, the justified belief account championed by, e.g. Douven (2006), seems to prevail. (shrink)

The standard interpretation of quantum mechanics and a standard interpretation of the awareness of pain have a common feature: Both postulate the existence of an irresolvable duality. Whereas many physicists claim that all particles exhibit particle and wave properties, many philosophers working on pain argue that our awareness of pain is paradoxical, exhibiting both perceptual and introspective characteristics. In this chapter, we offer a pessimistic take on the putative paradox of pain. Specifically, we attempt to resolve the supposed paradox by (...) undermining the reasons offered for accepting the introspective side of the dualism. (shrink)

What is essential to language? Two thinkers active in Vienna in the 1930's, Karl Bühler and Ludwig Wittgenstein, gave apparently incompatible answers to this question. I compare what Wittgenstein says about language and reference at the beginning of his Philosophical Investigations with some aspects of the descriptive analysis of language worked out by Bühler between 1907 and 1934, a systematic development of the philosophies of mind and language of such heirs of Brentano as Martinak, Marty, Meinong, Landgrebe and Husserl. Y (...) a-Uil quelque chose qui est essentiel au langage? Deux penseurs actifs à Vienne dans les années trente, Karl Bühler et Ludwig Wittgenstein, donnent à cette question des réponses qui sont apparemment incompatibles. Je compare ce que Wittgenstein dit du langage et de la référence au début de ses Investigations Philosophiques avec quelques aspects de l'analyse descriptive élaborée par Bühler entre 1907 et 1934, un développement systématique des philosophies de l'esprit et du langage des héritiers de Brentano tels que Martinak, Marty, Meinong, Landgrebe et Husserl. (shrink)

‘What is characteristic of every mental activity’, according to Brentano, is ‘the reference to something as an object. In this respect every mental activity seems to be something relational.’ But what sort of a relation, if any, is our cognitive access to the world? This question – which we shall call Brentano’s question – throws a new light on many of the traditional problems of epistemology. The paper defends a view of perceptual acts as real relations of a subject to (...) an object. To make this view coherent, a theory of different types of relations is developed, resting on ideas on formal ontology put forward by Husserl in his Logical Investigations and on the theory of relations sketched in Smith's "Acta cum fundamentis in re". The theory is applied to the notion of a Cambridge change, which proves to have an unforeseen relevance to our understanding of perception. (shrink)

Niche construction is the process whereby organisms, through their activities and choices, modify their own and each other’s niches. By transforming natural-selection pressures, niche construction generates feedback in evolution at various different levels. Niche-constructing species play important ecological roles by creating habitats and resources used by other species and thereby affecting the flow of energy and matter through ecosystems—a process often referred to as “ecosystem engineering.” An important emphasis of niche construction theory (NCT) is that acquired characters play an evolutionary (...) role through transforming selective environments. This is particularly relevant to human evolution, where our species has engaged in extensive environmental modification through cultural practices. Humans can construct developmental environments that feed back to affect how individuals learn and develop and the diseases to which they are exposed. Here we provide an introduction to NCT and illustrate some of its more important implications for the human sciences. (shrink)

Ways into the Logic of Alexander of Aphrodisias is intended to give an overview of the logic of Alexander of Aphrodisias (fl. early third century A D). Since ...

There is growing interest in understanding and eliciting division of labor within groups of scientists. This paper illustrates the need for this division of labor through a historical example, and a formal model is presented to better analyze situations of this type. Analysis of this model reveals that a division of labor can be maintained in two different ways: by limiting information or by endowing the scientists with extreme beliefs. If both features are present however, cognitive diversity is maintained indefinitely, (...) and as a result agents fail to converge to the truth. Beyond the mechanisms for creating diversity suggested here, this shows that the real epistemic goal is not diversity but transient diversity. (shrink)

There are many things—call them ‘experts’—that you should defer to in forming your opinions. The trouble is, many experts are modest: they’re less than certain that they are worthy of deference. When this happens, the standard theories of deference break down: the most popular (“Reflection”-style) principles collapse to inconsistency, while their most popular (“New-Reflection”-style) variants allow you to defer to someone while regarding them as an anti-expert. We propose a middle way: deferring to someone involves preferring to make any decision (...) using their opinions instead of your own. In a slogan, deferring opinions is deferring decisions. Generalizing the proposal of Dorst (2020a), we first formulate a new principle that shows exactly how your opinions must relate to an expert’s for this to be so. We then build off the results of Levinstein (2019) and Campbell-Moore (2020) to show that this principle is also equivalent to the constraint that you must always expect the expert’s estimates to be more accurate than your own. Finally, we characterize the conditions an expert’s opinions must meet to be worthy of deference in this sense, showing how they sit naturally between the too-strong constraints of Reflection and the too-weak constraints of New Reflection. (shrink)

Kevin M. Cahill reclaims one of Ludwig Wittgenstein's most passionately pursued endeavors: to reawaken a sense of wonder around human life and language and its mysterious place in the world. Following the philosopher's spiritual and cultural criticism and tying it more tightly to the overall evolution of his thought, Cahill frames an original interpretation of Wittgenstein's engagement with Western metaphysics and modernity, better contextualizing the force of his work. Cahill synthesizes several approaches to Wittgenstein's life and thought. He stresses (...) the nontheoretical aspirations of the philosopher's early and later writings, combining key elements from the so-called resolute readings of the _Tractatus_ with the "therapeutic" readings of _Philosophical Investigations_. Cahill shows how continuity in Wittgenstein's cultural and spiritual concerns informed if not guided his work between these texts, and in his reading of the _Tractatus_, Cahill identifies surprising affinities with Martin Heidegger's _Being and Time_--a text rarely associated with Wittgenstein's early formulations. In his effort to recapture wonder, Wittgenstein both avoided and undermined traditional philosophy's reliance on theory. As Cahill relates the steps of this bold endeavor, he forms his own innovative, analytical methods, joining historicist and contextualist approaches to text-based, immanent readings. The result is an original, sustained examination of Wittgenstein's thought. (shrink)

In _Marx at the Margins_, Kevin Anderson uncovers a variety of extensive but neglected texts by the well-known political economist which cast what we thought we knew about his work in a startlingly different light. Analyzing a variety of Marx’s writings, including journalistic work written for the _New York Tribune_, Anderson presents us with a Marx quite at odds with our conventional interpretations. Rather than providing us with an account of Marx as an exclusively class-based thinker, Anderson here offers (...) a portrait of Marx for the twenty-first century: a global theorist whose social critique was sensitive to the varieties of human social and historical development, including not just class, but nationalism, race, and ethnicity, as well. _Marx at the Margins _ultimately argues that alongside his overarching critique of capital, Marx created a theory of history that was multi-layered and not easily reduced to a single model of development or revolution. Through highly-informed readings on work ranging from Marx’s unpublished 1879–82 notebooks to his passionate writings about the antislavery cause in the United States, this volume delivers a groundbreaking and canon-changing vision of Karl Marx that is sure to provoke lively debate in Marxist scholarship and beyond. (shrink)

Therapy for metaphysics -- Concepts, rules, and the spirit of recognition -- Meaning and meanings -- Reference and presence -- Truth and correspondence -- Emancipating theology.

This paper advances the conception of social entrepreneurs as caring entrepreneurs. We argue that the care ethics of social entrepreneurs, implying the pursuit of caring goals through caring processes, can be challenged when they engage in the process of scaling up their ventures. We propose that social entrepreneurs can sustain their care ethics as the essential dimension of their venture only if they are able to build a caring enterprise. Organizational care designates the set of organizing principles that facilitate the (...) embedding of care ethics at an organizational level, beyond the imprinting induced by social entrepreneurs’ personal ethics. (shrink)

Phenomenal Conservatism (the view that an appearance that p gives one prima facie justification for believing that p) is a promising, and popular, internalist theory of epistemic justification. Despite its popularity, it faces numerous objections and challenges. For instance, epistemologists have argued that Phenomenal Conservatism is incompatible with Bayesianism, is afflicted by bootstrapping and cognitive penetration problems, does not guarantee that epistemic justification is a stable property, does not provide an account of defeat, and is not a complete theory of (...) epistemic justification. This book shows that Phenomenal Conservatism is actually immune to some of these problems, though not all of them. Accordingly, it explores the prospects of integrating Phenomenal Conservatism with Explanationism (the view that epistemic justification is a matter of explanatory relations between one’s evidence and propositions supported by that evidence). The resulting theory, Phenomenal Explanationism, has advantages over Phenomenal Conservatism and Explanationism taken on their own. Phenomenal Explanationism is a highly unified, comprehensive internalist theory of epistemic justification that delivers on the promises of Phenomenal Conservatism while avoiding its pitfalls. (shrink)

Existentialism claims that there is no human reality except in action: pragmatism argues that meaning and truth are given only in practice. Wittgenstein calls for attention to forms of life, Marxism calls for attention to doing, and feminism calls for attention to the body. What do these tell us about ritual acts and their connection to spirit and to truth in Christianity and other world religions? Religious rituals have a special status as virtually pure forms of belief in action. Thinking (...) Through Rituals asks how philosophical tools like existentialism and Marxism can help us to understand the thought behind actions such as tasting the Christian host, joining in ceremony and speaking sacred words. Thinking Through Rituals proposes a new philosophical understanding of rituals as mental strategies giving access to knowledge of the world, in opposition to traditional approaches which see rituals as forms of social organization and control. Covering areas including the body, pilgrimage,initiation, sacrifice and art, this is an exciting look at the relationship between doing and meaning which is implied by ritual practice, but most fully explained by philosophical theory. (shrink)

_Challenges conventional understandings of Heidegger’s account of the body._.

Born 80 years ago, Continental Philosophy is on its last legs. Its extraordinary career has been helped along by an almost total absence of interest on the part of analytic or other exact philosophers in what the Australian philosopher David Stove calls "the nosology of philosophy" 1, the exploration of the manifold forms taken by bad philosophy. Stove points out that such an enterprise involves doing history. A nosology of Continental Philosophy is, at least in the first instance, inseparable from (...) the history of this strand in twentieth century philosophy, a history which would make clear the relations, philosophical and historical, between it and exact philosophy. Rorty is quite right to point to the absence of such a historical perspective. (shrink)

The considerable attention to financial interests in clinical research has focused mostly on academic medical centers, even though the majority of clinical research is conducted in community practice settings. To fill this gap, this article maps the practices and policies in 73 community hospitals and several hundred specialized facilities around the country for reviewing clinical investigators’ financial relationships with research sponsors. Community hospitals face a substantially different mix of issues than academic medical centers do because their physician researchers are usually (...) not employees, and more of their studies are later-phase, multicenter trials. Accordingly, community physicians stand to benefit personally from per capita payments, but they tend to have less direct influence over research findings when compared with their academic peers. These and other contrasts require separate guidance for community-based organizations that takes into account their particular needs, circumstances, and institutional capacities. (shrink)

Kevin Scharp proposes an original theory of the nature and logic of truth on which truth is an inconsistent concept that should be replaced for certain theoretical purposes. He argues that truth is best understood as an inconsistent concept, and proposes a detailed theory of inconsistent concepts that can be applied to the case of truth. Truth also happens to be a useful concept, but its inconsistency inhibits its utility; as such, it should be replaced with consistent concepts that (...) can do truth's job without giving rise to paradoxes. To this end, Scharp offers a pair of replacements, which he dubs ascending truth and descending truth, along with an axiomatic theory of them and a new kind of possible-worlds semantics for this theory. He goes to develop Davidson's idea that truth is best understood as the core of a measurement system for rational phenomena, and offers a semantic theory that treats truth predicates as assessment-sensitive and solves the problems posed by the liar and other paradoxes. (shrink)

This paper offers a phenomenological analysis of Heidegger’s account of “the uncanny” as it relates to the coronavirus pandemic. It explores how the pandemic has disrupted Dasein’s sense of “homelike” familiarity and how this disruption has undermined our ability to be, that is, to understand or make sense of things. By examining our experience of temporality, lived-space, and intersubjectivity, the paper illuminates different ways in which the pandemic has left us confused and anxious about our self-interpretations and future projects. The (...) paper concludes by showing how the uncanny is not simply something we feel in times of crisis; it is, for Heidegger, who we are. This means the secure feeling of familiarity that we embodied prior to the pandemic was an illusion all along, that we are not and never have been at-home in the world. (shrink)

The answer I shall sketch is not mine. Nor, as far as I can tell, is it an answer to be found in the voluminous literature inspired by Kripke’s work. Many of the elements of the answer are to be found in the writings of Wittgenstein and his Austro-German predecessors, Martinak, Husserl, Marty, Landgrebe and Bühler. Within this Austro-German tradition we may distinguish between a strand which is Platonist and anti-naturalist and a strand which is nominalist and naturalist. Thus Husserl’s (...) account of what he calls “directly referring” uses of singular terms invokes senses or individual concepts, albeit simple, not descriptive senses. But the account of reference fixing and reference given by Landgrebe, Bühler and Wittgenstein rejects senses.1 I confine further reference to these writers to footnotes since my aim here is to develop and unify some of their suggestions, in particular by comparing them with more recent work (cf. Mulligan 1997). (shrink)

Increasingly, epistemologists are becoming interested in social structures and their effect on epistemic enterprises, but little attention has been paid to the proper distribution of experimental results among scientists. This paper will analyze a model first suggested by two economists, which nicely captures one type of learning situation faced by scientists. The results of a computer simulation study of this model provide two interesting conclusions. First, in some contexts, a community of scientists is, as a whole, more reliable when its (...) members are less aware of their colleagues' experimental results. Second, there is a robust tradeoff between the reliability of a community and the speed with which it reaches a correct conclusion. ‡The author would like to thank Brian Skyrms, Kyle Stanford, Jeffrey Barrett, Bruce Glymour, and the participants in the Social Dynamics Seminar at University of California–Irvine for their helpful comments. Generous financial support was provided by the School of Social Science and Institute for Mathematical Behavioral Sciences at UCI. †To contact the author, please write to: Department of Philosophy, Baker Hall 135, Carnegie Mellon University, Pittsburgh, PA 15213-3890; e-mail: [email protected]. (shrink)

This book offers cutting edge research on the modifications and disruptions of bodily experience in the context of anxiety, depression, trauma, chronic illness, pain, and aging. It presents original contributions in applied phenomenology, biomedical ethics, and the use of medical technologies.

Scholarship in experimental jurisprudence has reported surprising findings about various concepts of legal significance: _acting intentionally_, _causation_, _consent_, _knowledge, recklessness_, _reasonableness,_ and _law_ itself. Often, these studies examine laypeople’s ordinary concepts and draw broader conclusions about legal experts’ concepts. This Article questions such inferences, from empirical findings about ordinary concepts to conclusions about the concepts of those with legal expertise. It presents a case study concerning what it means to act _intentionally._ An experiment examines intentionality judgments across four populations (N (...) = 774): laypeople, law students, non-law students, and United States judges. Legal training affected judgments in three ways that are consistent with the acquisition of a distinctive legal concept. This case study supports the Article’s broader claim: Laypeople’s ordinary concepts are not equivalent to experts’ legal concepts. The acquisition of legal concepts is an important form of legal expertise. (shrink)

This essay explores the unique temporal experience in anxiety. Drawing on first-person accounts as well as examples from literature, I attempt to show how anxiety not only disrupts our physiological and cognitive timing but also disturbs the embodied rhythms of everyday social life. The primary goal, however, is to articulate the extent to which human existence itself is a temporally structured event and to identity the ways that anxiety disrupts this structure. Using Martin Heidegger’s account of human existence as a (...) point of departure, I show how the mood of anxiety has the power to alter our self-interpretations by closing down or constricting our experience of the future. I argue that a constricted future impedes our ability ‘to be’ because it closes off the range of projective meanings that we would ordinarily draw on to create or fashion our identities. (shrink)