The past thirty years have seen a surge of empirical research into political decision making and the influence of framing effects — the phenomenon that occurs when different but equivalent presentations of a decision problem elicit different judgments or preferences. During the same period, political philosophers have become increasingly interested in democratic theory, particularly in deliberative theories of democracy. Unfortunately, the empirical and philosophical studies of democracy have largely proceeded in isolation from each other. As a result, philosophical treatments of (...) democracy have overlooked recent developments in psychology, while the empirical study of framing effects has ignored much contemporary work in political philosophy. In Framing Democracy, Jamie Terence Kelly bridges this divide by explaining the relevance of framing effects for normative theories of democracy. -/- Employing a behavioral approach, Kelly argues for rejecting the rational actor model of decision making and replacing it with an understanding of choice imported from psychology and social science. After surveying the wide array of theories that go under the name of democratic theory, he argues that a behavioral approach enables a focus on three important concerns: moral reasons for endorsing democracy, feasibility considerations governing particular theories, and implications for institutional design. Finally, Kelly assesses a number of methods for addressing framing effects, including proposals to increase the amount of political speech, mechanisms designed to insulate democratic outcomes from flawed decision making, and programs of public education. -/- The first book to develop a behavioral theory of democracy, Framing Democracy has important insights for democratic theory, the social scientific understanding of political decision making, economics, and legal theory. (shrink)

What is the optimal size of a democratic society? While not taking an explicit stand on this issue, Hélène Landemore's model of democracy in Democratic Reason suggests that democracies ought to be small, certainly smaller than many existing states. If, as Landemore argues, we must rely on the random selection of representatives, then we should be concerned about both the size of the population and the way cognitive diversity is distributed within it. Given the realities of party politics and media (...) framing, this means that smaller political societies will yield wiser decisions than very large ones. (shrink)

In a number of recent publications, Cass Sunstein and Richard Thaler have argued for a novel approach to the design of public policy. Their proposal has received a great deal of attention, both within academic circles and the public at large. Drawing upon evidence from behavioral economics and empirical psychology, the authors attempt to demonstrate that the conventional antagonism between libertarians and paternalists within political theory dissolves in conditions that obtain widely in public decision-making. Where free choice and the promotion (...) of individual welfare can coexist, the authors believe that designers of public policy ought to be libertarian paternalists. In this paper I criticize their proposal on grounds that the authors are unable to sufficiently motivate the paternalistic element of their approach. I argue that the empirical evidence cited by the authors is capable of supporting a number of competing approaches, including what I call libertarian utilitarianism and libertarian justice. Since the evidence that the authors draw upon does not provide us any grounds for selecting between these rival approaches, I conclude that Sunstein and Thaler are unable to provide us with a convincing guide for the design of public policy. In order to show that this is the case, I consider three arguments in favor of libertarian paternalism, and find each lacking. I end with some comments about what we can properly conclude on the basis of Sunstein and Thaler’s arguments. (shrink)

This article responds to Nir Eisikovits’ recent book Sympathizing with the Enemy: Reconciliation, Transitional Justice, Negotiation (Martinus Nijhoff Publishers, 2010).

This article reviews three books written by Larry May concerning the foundations of international criminal law: Crimes Against Humanity: A Normative Account (2005), War Crimes and Just War (2007), and Aggression and Crimes Against Peace (2008).

This paper points out an ambiguity in Cass Sunstein’s recent work concerning whose lives and interests are to be promoted by libertarian paternalism, and argues that this ambiguity stems from a lack of clarity regarding how we should understand the relevance of the heuristics and biases literature for democratic theory. The paper attempts to extract from Sunstein’s work an account of how we should go about identifying biases in social choices. It argues that Sunstein’s view on this issue has changed (...) over the years, and identifies a trend in his thinking moving away from libertarian paternalism and toward libertarian welfarism. (shrink)

The principles of autonomy, beneficence, non-maleficence, and justice are well established ethical principles in health research. Of these principles, justice has received less attention by health researchers. The purpose of this article is to broaden the discussion of health research ethics, particularly the ethical principle of justice, to include societal considerations — who and what are studied and why? — and to critique current applications of ethical principles within this broader view. We will use a feminist intersectional approach in the (...) context of health disparities research to firmly establish inseparable links between health research ethics, social action, and social justice. The aim is to provide an ethical approach to health disparities research that simultaneously describes and seeks to eliminate health disparities. (shrink)

St. Amand could count among his many feats the extraordinary achievement of social equilibrium. “The way he was in the midst of the rich and the poor,” his hagiographer marveled, “the poor saw him as a poor man, and the rich treated him as their better.” On a résumé of miracles performed and peoples converted, this accomplishment was no less impressive. Bishops in the post-Roman kingdoms of Gaul/Francia maintained an ongoing balancing act between seeking social and political distinction, on the (...) one hand, and fulfilling their obligation to defend the poor, on the other. Their authority increasingly depended upon both, even as it engendered a tension between elitism and inclusivity. To study bishops' choice of company is therefore to highlight the difficulty inherent in an ambitious pastoral and political positioning. Linked to the subject of the episcopal entourage, and to the issue of episcopal authority and its representation more generally, was a change in the culture of Merovingian government, for bishops were becoming more and more valuable to a monarchy that confronted new standards of responsibility toward its subjects. (shrink)

In a number of recent publications, Cass Sunstein and Richard Thaler have argued for a novel approach to the design of public policy. Their proposal has received a great deal of attention, both within academic circles and the public at large. Drawing upon evidence from behavioral economics and empirical psychology, the authors attempt to demonstrate that the conventional antagonism between libertarians and paternalists within political theory dissolves in conditions that obtain widely in public decision-making. Where free choice and the promotion (...) of individual welfare can coexist, the authors believe that designers of public policy ought to be libertarian paternalists. -/- In this paper I criticize their proposal on grounds that the authors are unable to sufficiently motivate the paternalistic element of their approach. I argue that the empirical evidence cited by the authors is capable of supporting a number of competing approaches, including what I call libertarian utilitarianism and libertarian justice. Since the evidence that the authors draw upon does not provide us any grounds for selecting between these rival approaches, I conclude that Sunstein and Thaler are unable to provide us with a convincing guide for the design of public policy. In order to show that this is the case, I consider three arguments in favor of libertarian paternalism, and find each lacking. I end with some comments about what we can properly conclude on the basis of Sunstein and Thaler’s arguments. (shrink)

Randomized controlled trial trial designs exist on an explanatory-pragmatic spectrum, depending on the degree to which a study aims to address a question of efficacy or effectiveness. As conceptualized by Schwartz and Lellouch in 1967, an explanatory approach to trial design emphasizes hypothesis testing about the mechanisms of action of treatments under ideal conditions, whereas a pragmatic approach emphasizes testing effectiveness of two or more available treatments in real-world conditions. Interest in, and the number of, pragmatic trials has grown substantially (...) in recent years, with increased recognition by funders and stakeholders worldwide of the need for credible evidence to inform clinical decision-making. This increase has been accompanied by the onset of learning healthcare systems, as well as an increasing focus on patient-oriented research. However, pragmatic trials have ethical challenges that have not yet been identified or adequately characterized. The present study aims to explore the views of key stakeholders with respect to ethical issues raised by the design and conduct of pragmatic trials. It is embedded within a large, four-year project that seeks to develop guidance for the ethical design and conduct of pragmatic trials. As a first step, this study will address important gaps in the current empirical literature with respect to identifying a comprehensive range of ethical issues arising from the design and conduct of pragmatic trials. By opening up a broad range of topics for consideration within our parallel ethical analysis, we will extend the current debate, which has largely emphasized issues of consent, to the range of ethical considerations that may flow from specific design choices. Semi-structured interviews with key stakeholders, across multiple jurisdictions, identified based on their known experience and/or expertise with pragmatic trials. We expect that the study outputs will be of interest to a wide range of knowledge users including trialists, ethicists, research ethics committees, journal editors, regulators, healthcare policymakers, research funders and patient groups. All publications will adhere to the Tri-Agency Open Access Policy on Publications. (shrink)

Robert Talisse’s recent attempt to justify liberal democracy in epistemic terms is in many ways a breath of fresh air. However, in the present paper we argue that his defense faces two inter-related problems. The first problem pertains to his defense of liberalism, and owes to the fact that a commitment to the folk-epistemological norms in terms of which he makes his case does not commit one to partaking in liberal institutions. Consequently, our (alleged) commitment to the relevant epistemic norms (...) does not justify liberal democracy. The second problem pertains to his defense of democracy. The problem is that, if Talisse provides what we take to be the most plausible response to the first problem, framed in terms of his acceptance of a form of epistemic perfectionism, he is able to maintain his commitment to liberal institutions, but at the price of leaving democracy behind in favor of what we will refer to as a liberal epistocracy. (shrink)

Robert Talisse’s recent attempt to justify liberal democracy in epistemic terms is in many ways a breath of fresh air. However, in the present paper we argue that his defense faces two inter-related problems. The first problem pertains to his defense of liberalism, and owes to the fact that a commitment to the folk-epistemological norms in terms of which he makes his case does not commit one to partaking in liberal institutions. Consequently, our (alleged) commitment to the relevant epistemic norms (...) does not justify liberal democracy. The second problem pertains to his defense of democracy. The problem is that, if Talisse provides what we take to be the most plausible response to the first problem, framed in terms of his acceptance of a form of epistemic perfectionism, he is able to maintain his commitment to liberal institutions, but at the price of leaving democracy behind in favor of what we will refer to as a liberal epistocracy. (shrink)

ObjectivesTo describe reporting of informed consent in pragmatic trials, justifications for waivers of consent and reporting of alternative approaches to standard written consent. To identify factors associated with (1) not reporting and (2) not obtaining consent.MethodsSurvey of primary trial reports, published 2014–2019, identified using an electronic search filter for pragmatic trials implemented in MEDLINE, and registered in ClinicalTrials.gov.ResultsAmong 1988 trials, 132 (6.6%) did not include a statement about participant consent, 1691 (85.0%) reported consent had been obtained, 139 (7.0%) reported a (...) waiver and 26 (1.3%) reported consent for one aspect (eg, data collection) but a waiver for another (eg, intervention). Of the 165 trials reporting a waiver, 76 (46.1%) provided a justification. Few (53, 2.9%) explicitly reported use of alternative approaches to consent. In multivariable logistic regression analyses, lower journal impact factor (p=0.001) and cluster randomisation (p<0.0001) were significantly associated with not reporting on consent, while trial recency, cluster randomisation, higher-income country settings, health services research and explicit labelling as pragmatic were significantly associated with not obtaining consent (all p<0.0001).DiscussionNot obtaining consent seems to be increasing and is associated with the use of cluster randomisation and pragmatic aims, but neither cluster randomisation nor pragmatism are currently accepted justifications for waivers of consent. Rather than considering either standard written informed consent or waivers of consent, researchers and research ethics committees could consider alternative consent approaches that may facilitate the conduct of pragmatic trials while preserving patient autonomy and the public’s trust in research. (shrink)

The purpose of this study was to determine if reading achievement of students from high-poverty US schools differs as a function of participation in summer tutoring versus access to books. Data fro...

This paper responds to Thomas Kelly and Sarah McGrath’s worry that there can be evil reflective equilibrium. I propose that some of John Rawls’s restrictions on moral judgments we can enter into the procedure serve to protect against evil reflective equilibrium.

Which moral judgments should one pay attention to in building a moral philosophy? Thomas Kelly and Sarah McGrath object to John Rawls’s suggestion to not rely on judgments heavily bound up with one’s own interests. I propose a solution in response to the objection.

Many philosophers hold antirealist views about morality, according to which moral facts or truths do not exist. Does this imply that other types of normative facts, such as epistemic facts, do not exist? The Normative Web develops a positive answer to this question. By means of an analogy between moral and epistemic facts, Terence Cuneo presents a compelling defence of robust realism in ethics. In so doing, he engages with a range of antirealist positions in epistemology such as error (...) theories, expressivist views, and reductionist views of epistemic reasons. (shrink)

Central to the lives of the religiously committed are not simply religious convictions but also religious practices. The religiously committed, for example, regularly assemble to engage in religious rites, including corporate liturgical worship. Although the participation in liturgy is central to the religious lives of many, few philosophers have given it attention. In this collection of essays, Terence Cuneo turns his attention to liturgy, contending that the topic proves itself to be philosophically rich and rewarding. Taking the liturgical practices (...) of Eastern Christianity as its focal point, Ritualized Faith examines issues such as what the ethical importance of ritualized religious activities might be, what it is to immerse oneself in such activities, and what the significance of liturgical singing and iconography are. In doing so, Cuneo makes sense of these liturgical practices and indicates why they deserve a place in the religiously committed life. (shrink)

Looking back on it, it seems almost incredible that so many equally educated, equally sincere compatriots and contemporaries, all drawing from the same limited stock of evidence, should have reached so many totally different conclusions---and always with complete certainty.

(1992). TROUBLES FOR NEW WAVE MORAL SEMANTICS: THE ‘OPEN QUESTION ARGUMENT’ REVIVED. Philosophical Papers: Vol. 21, No. 3, pp. 153-175. doi: 10.1080/05568649209506380.

What does it mean to be an expert? What sort of authority do experts really have? And what role should they play in today's society? Addressing why ever larger segments of society are skeptical of what experts say, Expertise: A Philosophical Introduction reviews contemporary philosophical debates and introduces what an account of expertise needs to accomplish in order to be believed. Drawing on research from philosophers and sociologists, chapters explore widely held accounts of expertise and uncover their limitations, outlining a (...) set of conceptual criteria a successful account of expertise should meet. By providing suggestions for how a philosophy of expertise can inform practical disciplines such as politics, religion, and applied ethics, this timely introduction to a topic of pressing importance reveals what philosophical thinking about expertise can contribute to growing concerns about experts in the 21st century. (shrink)

Posthumous Life launches critical life studies: a mode of inquiry that neither endorses nor dismisses a wave of recent "turns" toward life, matter, vitality, inhumanity, animality, and the real. Questioning the nature and limits of life in the natural sciences, the essays in this volume examine the boundaries and significance of the human and the humanities in the wake of various redefinitions of what counts as life. They explore the possibility of theorizing life without assuming it to be either a (...) simple substrate or an always-mediated effect of culture and difference. Posthumous Life provides new ways of thinking about animals, plants, humans, difference, sexuality, race, gender, identity, the earth, and the future. (shrink)

Suppose that one is at least a minimal realist about a given domain, in that one thinks that that domain contains truths that are not in any interesting sense of our own making. Given such an understanding, what can be said for and against the method of reflective equilibrium as a procedure for investigating the domain? One fact that lends this question some interest is that many philosophers do combine commitments to minimal realism and a reflective equilibrium methodology. Here, for (...) example, is David Lewis on philosophy: Our “intuitions” are simply opinions: our philosophical theories are the same. Some are commonsensical, some are sophisticated; some are particular; some general; some are more firmly held, some less. But they are all opinions, and a reasonable goal for a philosopher is to bring them into equilibrium. Our common task it to find out what equilibria there are that can withstand examination, but it remains for each of us to come to rest at one or another of them… Once the menu of well-worked out theories is before us, philosophy is a matter of opinion. Is that to say that there is no truth to be had? Or that the truth is of our own making, and different ones of us can make it differently? Not at all! If you say flatly that there is no god, and I say that there are countless gods but none of them are our worldmates, then it may be that neither of us is making any mistake of method. We may each be bringing our opinions to equilibrium in the most careful possible way, taking account of all the arguments, distinctions, and counterexamples. But one of us, at least, is making a mistake of fact. Which one is wrong depends on what there is (1983: x-xi). In addition to philosophy in general, the method of reflective equilibrium has also been endorsed as the appropriate procedure for investigating various other subject.. (shrink)

From an early age, humans exhibit a tendency to identify, adopt, and enforce the norms of their local communities. Norms are the social rules that mark out what is appropriate, allowed, required, or forbidden in different situations for various community members. These rules are informal in the sense that although they are sometimes represented in formal laws, such as the rule governing which side of the road to drive on, they need not be explicitly codified to effectively influence behavior. There (...) are rules that forbid theft or the breaking of promises, but also rules which govern how close it is appropriate to stand to someone while talking to them, or how loud one should talk during the conversation. Thus understood, norms regulate a wide range of activity. They exhibit cultural variability in their prescriptions and proscriptions, but the presence of norms in general appears to be culturally universal. Some norms exhibit characteristics that are often associated with morality, such as a rule that applies to everyone and prohibits causing unnecessary harm. Others norms apply only to certain people, such as those that delimit appropriate clothing for members of different genders, or those concerning the expectations and responsibilities ascribed to individuals who occupy positions of leadership. The norms that prevail in a community can be more or less fair, reasonable, or impartial, and can be subject to critique and change. This entry provides an overview of interdisciplinary research into the psychological capacity for norm-guided cognition, motivation, and behavior. The notions of a norm and normativity occur in an enormous range of research that spans the humanities and behavioral sciences. Researchers primarily concerned with the psychology distinctive of norm-governed behavior take what can be called “cognitive-evolutionary” approaches to their subject matter. These approaches, common in the cognitive sciences, draw on a variety of resources and evidence to investigate different psychological capacities. This entry describes how these have been used to construct accounts of those cognitive and motivational features of minds that underpin the capacity to acquire, conform to, and enforce norms. It also describes how theories of the selective pressures and adaptive challenges prominent in recent human evolution have helped to inform and constrain theorizing about this psychological capacity, as well as how its features can influence the transmission and cultural evolution of norms. By way of organization, the entry starts with basics and proceeds to add subsequent layers of intricacy and detail. Researchers taking cognitive-evolutionary approaches to norms come from a wide range of disciplines, and have formulated, explored, and debated positions on a large number of different issues. In order to present a comprehensible overview of these interconnected literatures, the entry starts by laying out main contours and central tenets, the key landmarks in the conceptual space common to different theories and claims. It goes on to provide a more detailed description of the kinds of theoretical resources that researchers have employed, and identifies important dimensions along which more specific accounts of the psychology of norms have varied. It then canvasses different sources of empirical evidence that have begun to illuminate other philosophically interesting features of the capacity for norms. Finally, it ends with a discussion of the relationship between norm cognition and morality, with a few illustrations drawn from recent debates in moral theory. (shrink)

Climate change is reshaping patterns of displacement around the world. Extreme weather events destroy homes, environmental degradation threatens the viability of livelihoods, sea level rise and coastal erosion force communities to relocate, and risks to food and resource security magnify the sources of political instability. Climate displacement—the displacement of people driven at least in part by the impacts of climate change—is a pressing moral challenge that is incumbent upon us to address. -/- This book develops a political theory of climate (...) displacement. Most work on climate displacement has tended to take an idealized ‘climate refugee’ as its focus. But focusing on the figure of the climate refugee obscures the complexity and heterogeneity of climate displacement. Instead, this book takes the empirical dynamics of climate displacement as its starting point. It examines the moral and political problems raised by the interaction of climate change and displacement in five domains: community relocation, territorial sovereignty, labour migration, refugee movement, and internal displacement. In each context, climate displacement raises distinct questions, which this book explores on their own terms. At the same time, this book treats climate displacement as a unified phenomenon by examining the overarching questions of responsibility and fairness that it raises. The result is an empirically grounded political theory that both maps the conceptual terrain of climate displacement and charts a course for meeting the moral challenge that it raises. (shrink)

This paper explores the view that there are such things as (nonexistent) fictional objects, and that we refer to such objects when we say things like "Sherlock Holmes is a fictional detective", or "Conan Doyle wrote about Sherlock Holmes". A theory of such objects is developed as a special application of a Meinongian Ontology.

Experiences of embodied remembering are familiar and diverse. We settle bodily into familiar chairs or find our way easily round familiar rooms. We inhabit our own kitchens or cars or workspaces effectively and comfortably, and feel disrupted when our habitual and accustomed objects or technologies change or break or are not available. Hearing a particular song can viscerally bring back either one conversation long ago, or just the urge to dance. Some people explicitly use their bodies to record, store, or (...) cue memories. Others can move skilfully, without stopping to think, in complex and changing environments thanks to the cumulative expertise accrued in their history of fighting fires, or dancing, or playing hockey. The forms of memory involved in these cases may be distinct, operating at different timescales and levels, and by way of different mechanisms and media, but they often cooperate in the many contexts of our practices of remembering. (shrink)

This paper explores the view that there are such things as (nonexistent) fictional objects, and that we refer to such objects when we say things like "Sherlock Holmes is a fictional detective", or "Conan Doyle wrote about Sherlock Holmes". A theory of such objects is developed as a special application of a Meinongian Ontology.

Building on the strengths of the first edition, the second edition of the Irwin Nicomachean Ethics features a revised translation (with little editorial intervention), expanded notes (including a summary of the argument of each chapter), an expanded Introduction, and a revised glossary.