Psychiatry is rapidly adopting digital phenotyping and artificial intelligence/machine learning tools to study mental illness based on tracking participants’ locations, online activity, phone and text message usage, heart rate, sleep, physical activity, and more. Existing ethical frameworks for return of individual research results (IRRs) are inadequate to guide researchers for when, if, and how to return this unprecedented number of potentially sensitive results about each participant’s real-world behavior. To address this gap, we convened an interdisciplinary expert working group, supported by (...) a National Institute of Mental Health grant. Building on established guidelines and the emerging norm of returning results in participant-centered research, we present a novel framework specific to the ethical, legal, and social implications of returning IRRs in digital phenotyping research. Our framework offers researchers, clinicians, and Institutional Review Boards (IRBs) urgently needed guidance, and the principles developed here in the context of psychiatry will be readily adaptable to other therapeutic areas. (shrink)

The National Science Foundation's Second Merit Criterion, or Broader Impacts Criterion , was introduced in 1997 as the result of an earlier Congressional movement to enhance the accountability and responsibility as well as the effectiveness of federally funded projects. We demonstrate that a robust understanding and appreciation of NSF BIC argues for a broader conception of research ethics in the sciences than is currently offered in Responsible Conduct of Research training. This essay advocates augmenting RCR education with training regarding broader (...) impacts. We demonstrate that enhancing research ethics training in this way provides a more comprehensive understanding of the ethics relevant to scientific research and prepares scientists to think not only in terms of responsibly conducted science, but also of the role of science in responding to identified social needs and in adhering to principles of social justice. As universities respond to the mandate from America COMPETES to “provide training and oversight in the responsible and ethical conduct of research”, we urge institutions to embrace a more adequate conception of research ethics, what we call the Ethical Dimensions of Scientific Research, that addresses the full range of ethical issues relevant to scientific inquiry, including ethical issues related to the broader impacts of scientific research and practice. (shrink)

A recent exchange on Benatar’s book Better never to have been between Doyal and Benatar discusses Benatar’s bold claim that people should not be brought into existence. Here, I expand the discussion of original position that the exchange focused on. I also discuss the asymmetries, between benefit and harm and between existence and non-existence, upon which Benatar’s bold claim rests. In both discussions, I show how Benatar’s bold claim can be rejected.

Studies of callosal sexual differentiation have concentrated on global measures of callosal size, using the rat as a model for studies of potential hormonal mechanisms. It is time to shift the study of callosal sexual differentiation to a more cellular level. Finally, there are potential problems with using the female rat as the primary model for understanding hormonal mechanisms during postnatal life.

Since his death in 1997, Isaiah Berlin's writings have generated continual interest among scholars and educated readers, especially in regard to his ideas about liberalism, value pluralism, and "positive" and "negative" liberty. Most books on Berlin have examined his general political theory, but this volume uses a contemporary perspective to focus specifically on his ideas about freedom and liberty. Isaiah Berlin and the Politics of Freedom brings together an integrated collection of essays by noted and emerging political theorists that commemorate (...) in a critical spirit the recent 50th anniversary of Isaiah Berlin's famous lecture and essay, "Two Concepts of Liberty." The contributors use Berlin's essay as an occasion to rethink the larger politics of freedom from a twenty-first century standpoint, bringing Berlin's ideas into conversation with current political problems and perspectives rooted in postcolonial theory, feminist theory, democratic theory, and critical social theory. The editors begin by surveying the influence of Berlin's essay and the range of debates about freedom that it has inspired. Contributors' chapters then offer various analyses such as competing ways to contextualize Berlin's essay, how to reconsider Berlin's ideas in light of struggles over national self-determination, European colonialism, and racism, and how to view Berlin's controversial distinction between so-called "negative liberty" and "positive liberty." By relating Berlin's thinking about freedom to competing contemporary views of the politics of freedom, this book will be significant for both scholars of Berlin as well as people who are interested in larger debates about the meaning and conditions of freedom. (shrink)

Fernand Dumont (1927-1997) was a sociologist, philosopher, theologian, and poet. A prominent intellectual in Quebec, he is recognized for his research on the sociology of knowledge and the foundations of modern culture. Dumont's work conceives of culture in terms of both memory and distance, arguing that without culture, man would be immersed in the monotony of his present actions, never achieving the distance necessary to create a past or a future. In Fernand Dumont: A Sociologist Turns to Theology, Gregory (...) class='Hi'>Baum interprets Dumont's L'institution de la théologie, which studies the assumptions and commitments implicit in the rational reflection of Catholic thinkers on the meaning of their faith. Baum shows that while Dumont's book is preoccupied with the theoretical, its methodology is informed by the cognitive presuppositions of the social sciences, and its contents - dealing with the spiritual, personal, and social struggles that constitute daily life - are concrete. For Dumont religious truth is insufficient, and may have no impact on everyday life. What counts is relevance, insights that reply to urgent questions and unresolved conflicts. He offers an innovative interpretation of Catholicism that is faithful to the Gospel and relevant to the problems of modern life and the serious questions Quebecers are asking themselves. In Fernand Dumont: A Sociologist Turns to Theology, Baum elucidates Dumont's main ideas and connects the concerns of the Christian gospel with those of contemporary society. (shrink)

Michel de Montaigne invented the literary term "essay" derived from the French word essai, meaning to put on trial. In his collection of essays he describes his life's work in testing his responses to different subjects and situations, using his ego and a.

Dworkin's theoretical disagreement argument, developed in Law's Empire, is presented in that work as the motivator for his interpretive account of law. Like Dworkin's earlier arguments critical of legal positivism, the argument from theoretical disagreement has generated a lively exchange with legal positivists. It has motivated three of them to develop innovative positivist positions. In its original guise, the argument from theoretical disagreement is presented as ‘the semantic sting argument’. However, the argument from theoretical disagreement has more than one version. (...) This article briefly discusses two versions and the leading replies to them, then focuses on the most influential version, directed at Hartian positivism. The article surveys the leading positivist rejoinders to the recast version, indicating key Dworkinian replies or assessing the strength of these rejoinders, and concludes with a rejoinder of its own, making a new case that the argument from theoretical disagreement isn't fatal for Hartian legal positivism. (shrink)

Delaware’s famous corporate law and its highly respected specialized Court of Chancery attract entrepreneurs from all over the world, who choose the small state as their locus of incorporation and litigation forum, and global investors who choose Delaware law as the law governing their corporate investments and mergers and acquisitions. Other jurisdictions vie with Delaware in regard to these choices. This interjurisdictional competition makes Delaware a significant global norm exporter in the field of corporate law because jurisdictions emulate some of (...) its corporate law. Israel leads the global pack. For two decades, it has been approximating its corporate law to Delaware’s and emulating its principal institutions, including by establishing a specialized Chancery-like court whose judges seek guidance in Delaware’s case law in deciding open corporate law questions. This Article employs qualitative methods—interviews with M&A practitioners from the United States, the United Kingdom, and Israel. We use the interviews to assess whether the project of approximating Delaware corporate law has succeeded in shifting incorporation decision preferences away from Delaware to Israel and watering down the natural reluctance of global investors to accepting an unfamiliar corporate law when engaging in cross-border corporate M&A transactions involving an Israeli party. Our findings indicate that the approximation project has countervailing effects, opinions about its success being polarized and nuanced; that approximation increases the familiarity of domestic practitioners with the foreign law being emulated, making the emulated law easier to implement; and that approximation creates more room for other aspects of interjurisdictional competition to influence private choices. (shrink)

I argue for the possibility of posthumous harm based on an account of the harm of murder. I start with the deep-seated intuition that when someone is murdered he (or she) is harmed (over and above the pain of injury or dying), and argue that Feinberg's account that assumes that harm is an invasion of an interest cannot plausibly accommodate this intuition. I propose a new account of the harm of murder: it is an irreversible loss of functions necessary for (...) worthwhile existence. I suggest a (partial) loss analysis of harm in general, and then go on to apply it to posthumous harm and defend the idea that there can be posthumous losses. (shrink)

Cooperation between doctors of various specialties and other medical specialists is the standard of care in the treatment of patients. Due to the variety of diseases and the dynamic development of medicine in general, it is difficult to be an expert in every field and know all the recommended treatments. An example of such cooperation is the joint treatment of patients with the problem of ingrown toenails. The article contains an analysis of patients who received treatment in a doctor’s office (...) in cooperation with podiatrists. A conservative approach towards the treatment of this condition sees the patient being initially diagnosed and treated by a podiatrist and then later, if necessary, being referred to a doctor for surgical treatment. The exchange of experiences and information on patients treated by interdisciplinary teams allows doctors and podiatrists to find the best possible treatment and improve the quality of life of patients. The follow-up of patients after surgery can be performed later in podiatry offices. Owing to modern electronic communication, it is possible for a doctor to constantly monitor the patient’s condition without the need for direct visits to the doctor’s office. (shrink)

Patients with psychiatric illness feel the brunt of the intersection of many of our society's and our health care system's disparities, and the vulnerability of this population during the Covid‐19 pandemic cannot be overstated. Patients with psychiatric illness often suffer from the stigma of mental illness and receive poor medical care. Many patients with severe and persistent mental illness face additional barriers, including poverty, marginal housing, and food insecurity. Patients who require psychiatric hospitalization now face the risk of transmission of (...) Covid‐19 due to the inherent difficulties of social distancing within a psychiatric hospital. Patients whose freedom and self‐determination have been temporarily overruled as they receive involuntary psychiatric treatment deserve a setting that maintains their health and safety. While tele‐mental health has been rapidly expanded to provide new ways to access psychiatric treatment, some patients may have limitations in technological literacy or access to devices. The social isolation, economic fallout, and potential traumatization related to the current pandemic will disproportionately affect this vulnerable population, and society's duties to them must be considered. (shrink)

Dworkin’s dignity framework has little explanatory value for one moral topic for which it should be especially suited: paternalistic intervention by one adult with another. The dignity framework has little epistemic value for morality regarding paternalism. Dworkin’s conception of dignity is too inchoate to illuminate why and when individual paternalism is wrong, all things considered. Dignity does somewhat better at illuminating why some types of individual paternalism are pro tanto wrong; but not other types. Moreover, the conception of dignity cannot (...) be refined by the process described above and retain any epistemic value on this matter. One would expect that a very natural -- indeed, a central -- use of the conception of dignity dHedgehogs would be to explain and illuminate moral claims about paternalism. That Dworkin’s conception of dignity largely fails to do so is, therefore, particularly important. (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)

A familiar jurisprudential view is that a judicial decision functions as a legal precedent by laying down a rule and that the content of this rule is set by officials. Precedents can be followed only by acting in accordance with this rule. This view is mistaken on all counts. A judicial decision functions as a precedent by being an example. At its best, it is an example both for officials and for a target population. Even precedents outside of law function (...) as examples when they have conduct-guiding significance. Examples may be rule-like in their scope, but need not be. Their import is independent of their justification; this point has implications for coherence theories of precedent meaning. The content and scope of a legal decision’s extension is not set exclusively by officials. It is socially set and depends upon social salience. (shrink)

Older statutes sometimes alter the legal content of newer statutes in a way not apparent from the text of the newer statutes. The puzzle is how, even if a new statute is the choice of the current polis, the legal content created in part by the elderly statute is also the choice of the current polis. I consider several possible answers, including a legislative intent account and Dworkin’s, and argue that none of them is satisfactory. I then offer my own (...) account, the De Re Account, which depends on distinguishing choosing under a description from choosing de re and noting that background norms and conventions sometimes determine what one does. In the case of legislation, because of the pragmatic norms for legal language and conventional practices against which a legislature acts, the legal content of the newer statute is chosen de re. (shrink)

Decision-making procedures in medical practice are often analysed by both philosophers of science and ethicists, as well as statisticians, clinicians and methodologists. The paper focuses on decisions made by patients in situations of moral dilemma. The main purpose is to analyse the strategies used in resolving such dilemmas. First, the concept of a ‘situation of moral dilemma’ is clarified. Then, two types of strategies for resolving such situations are distinguished. The first strategy requires revising the patient’s belief system or moral (...) orientation. The second one includes a group of non-revision beliefs strategies (NRB). The authors argue in support of the thesis that NRB strategies are, in fact, the patient’s first choice when it comes to resolving moral dilemmas. The paper analyses situations where the NRB strategies may prove effective, as well as situations where they fail and where the solution of the moral dilemma must be addressed by revising the accepted belief system. The findings will help to better understand patients’ decision-making processes. (shrink)

In his “Integrity: Justice in Work Clothes,” Postema assumes the task of showing that integrity is a genuine moral value of political communities, distinct from other values such as justice and fairness. Postema’s conception of integrity borrows much from Dworkin’s, but also differs from it in an important respect. As anyone familiar with Dworkin’s theory would expect, Postema’s idea of integrity is a kind of fidelity in laws (“practical directives”) and policies to principles arising from what Dworkin famously called “past (...) political decisions of the community.” It is fidelity to a conception of justice that fits and unifies these past decisions (and present ones), a conception the community can be viewed as forming. Postema’s innovation is to see integrity as “complex,” incorporating both “respect” for the past and also “regret.” Because of regret, any set of principles fitting the past will have some compromised coherence – indeed, some incoherence. Regret is consistent with preserving some currency for a morally incorrect decision, but limiting its force. The ultimate justification for viewing integrity as a virtue of law, Postema argues, is that it serves justice and fidelity, which he conceives of as other, more fundamental, values – provided, that is, that the principles express a “morally meaningful” conception of justice. Integrity thus understood allegedly binds officials to precedents in common law legal systems. So if Postema can succeed in his argument that integrity is a genuine moral value, he will have provided a moral justification for following precedent, even when the precedent is mistaken. Moreover, it will be a new kind of justification, an “internal justification” – one that provides a good reason for what Postema assumes is the rule of a precedent case. Success in his argument would be an important contribution to legal theory above and beyond the justification of precedent. Success would show that an interpretive conception of the nature of law also provides moral legitimacy to the resulting laws so conceived. Along with a stout defense of an interpretive theory of law – in particular, an integrity theory of law -- which Postema does not attempt, success would be the key to defending the widespread intuition that legal claims are not just formally normative, or normative in some special legal sense, but robustly – and so, morally – normative. Reasons for complying with law, properly understood, and for applying and enforcing it would be shown to transcend the realm of the merely prudential and the contingent. The conclusion of deep engagement with the details of Postema’s rich and intricate argument, unfortunately, reveals that it fails in its objective. Postema does not succeed in establishing that integrity is a distinct moral value of political communities. Moreover, the setting in which it is plausible that past principles morally justify following precedent is so special and (to some extent) ideal that Postema cannot be credited with offering a new justification for following precedent in actual common law systems, in the real world of the common law. (shrink)

In What Is Thought? Eric Baum proposes a computational explanation of thought.

Heyman's model, paradoxically, predicts that whereas a maximizing approach to drug choice will prevent escalation of drug use it will never yield complete abstinence. We suggest an alternative model that overcomes this difficulty by focusing on changes in drug tolerance. A small modification allows maximization to predict either abstinence or moderation (e.g., social drinking).

In our text, we follow the traces of a (1) paradox, (2) an ambivalence and (3) a dialectic that constitute digitalized public spheres and discuss the resulting tensions in discourse-ethical and political-theoretical perspectives using the blocking of Donald J. Trump’s Twitter account as an example. Starting from this, we determine the conditions of constitution of the digital public sphere and locate the dynamics of its development in the dialectical tension between private and public: The fact that the two other relations (...) of autonomy and heteronomy, intensification and polarization come to such a head is based on an insufficient socialization of all those means of production that produce the current digital public sphere. Using the example of Donald J. Trump’s recently suspended Twitter account and with a view to Habermas’s discourse ethics, we illustrate the extent to which Trump’s partly racist and conspiracy-theoretical post violates discourse ethics standards and is also highly problematic with regard to the political; however, banishment from a part of the digital public sphere is certainly not an act that should be incumbent on a private company. From this, we conclude that the normative potentials of digital public spheres can only be vol. (shrink)

In recent years, scholars have begun to lay the groundwork to justify a distinct application of ethics to the field of public health. They have highlighted important features that differentiate public health ethics from bioethics, especially public health’s emphasis on population health rather than issues of individual health. Articulations of public health ethics also tend to emphasize the role of social justice compared to the predominance of autonomy in the bioethical literature. Now that the field of public health ethics is (...) developing a unique focus and a language of its own, including a code of ethics disseminated by the American Public Health Association, the future of public health ethics may well be global health ethics, focusing on issues of global justice. As public health ethics evolves from its nascent stage of reflection to a place of action and application in the national and global arenas, two interrelated developments will need to occur: public health professionals, including practitioners, policymakers, and scholars, will need a richer understanding of the ethical challenges practitioners face on a daily basis and scholars will need to develop useful tools that practitioners may employ for identifying and tackling these ethical challenges. (shrink)

This essay challenges Dworkin's account of the virtues and consistency of applying the right answer as given by a certain interpretive theory of local law (hereafter, the D-theory) with democratic theory. D-theory adjudication does not have all the virtues Dworkin claims for it. It may involve judicial law-creation as well, rather than being confined to the discovery of preexisting legal rights. It may also involve any of the morally objectionable features of judicial law-creation, including unfairness. It is not immune to (...) the objection based on democratic theory that Dworkin considers. Moreover, discretionary judicial law-creation is free of some of the vices that concern Dworkin. For these reasons, neither Dworkin's view of D-theory adjudication nor his denial that judges commonly have legislative discretion seems to be especially significant for the justification of appellate adjudication. (shrink)

Experiments may contribute to understanding the basic processes of cultural evolution. We drew features from previous laboratory research with small groups in which traditions arose during several generations. Groups of four participants chose by consensus between solving anagrams printed on red cards and on blue cards. Payoffs for the choices differed. After 12 min, the participant who had been in the experiment the longest was removed and replaced with a naı¨ve person. These replacements, each of which marked the end of (...) a generation, continued for 10 – 15 generations, at which time the day’s session ended. Time-out duration, which determined whether the group earned more by choosing red or blue, and which was fixed for a day’s session, was varied across three conditions to equal 1, 2, or 3 min. The groups developed choice traditions that tended toward maximizing earnings. The stronger the dependence between choice and earnings, the stronger was the tradition. Once a choice tradition evolved, groups passed it on by instructing newcomers, using some combination of accurate information, mythology, and coercion. Among verbal traditions, frequency of mythology varied directly with strength of the choice tradition. These methods may be applied to a variety of research questions. D 2004 Elsevier Inc. All rights reserved. (shrink)

This essay presents a new theory of statutory application that is superior to two competitors. One of the competitors claims that statutory directives apply to act-tokens fitting the legislature's intention. The other holds that statutes apply to act-tokens that are of the genuine kinds named by the classifying words. These theories solve certain problems badly or not at all, respectively: (1) accounting for the capacity of statutes for epistemic guidance; and (2) avoiding literalism. Both do a limited job of accounting (...) for the rationality of statutory promulgation. The theory developed here, social salience theory, does better on all counts. According to social salience theory, the default position is that statutes apply to act-tokens that are socially salient, given the linguistic and social contexts. The departure from that position is also social, produced by conventions to defer to experts on the statute's applications to particular cases. (shrink)

At the centre of discussion lies the reception of Plato’s philosophy, particularly his theory of Ideas, in Kant’s moral philosophy, his ethics and his doctrine of right. Kant saw himself as a follower of Platonism insofar as its anti-empiri­cist principles of human conduct are concerned, although his own version of practical rationalism differs considerably from Plato’s. This is also true of Kant’s conception of freedom and of human rights. The greatest impact on Kant’s moral philosophy is due to the doctrine (...) of the two worlds, the mundus sensibilis and the mundus intelligibilis, which did not originate in Plato himself, but in the Jewish Platonist Philo of Alexandria. Kant reinterpreted this doctrine by taking the intelligible world as a moral world consisting of free rational agents who ought to transform the empirical world of human society and history according to the norms and standards of moral laws. This was meant to be a programme for a moral reform of the human world, both with regard to individual moral­ity and to the cosmopolitical task of the establishment of an international order of legal institutions. Kant’s practical Platonism insists on the creation of a moral world order through human actions that take their lead from pure practical reason. (shrink)

Mill's conception of economic freedom extends his broader view of freedom to economic institutions in ways that have previously been overlooked. In his view, economic freedom involves not merely the absence of burdensome constraints on economic activities, but also the power of individuals to direct the course of their lives with respect to their economic activities and relationships. It encompasses opportunities and resources for individuals, acting independently of others, effectively to pursue their own life plans as well as participation by (...) associated individuals in governing economic enterprises. Accordingly, he is critical of the ‘restraints’ that existing capitalism imposes on the economic freedom of individuals and he favours significant reforms of existing capitalism to achieve greater economic freedom. This understanding of Mill's conception of economic freedom sheds new light on his place in the liberal tradition and on an important point of contact between the liberal and socialist traditions. (shrink)

In Italy, a judge reduced the sentence of a defendant by 1 year in response to evidence for a genetic predisposition to violence. The best characterized of these genetic differences, those in the monoamine oxidase A (MAOA), were cited as especially relevant. Several months previously in the USA, MAOA data contributed to a jury reducing charges from 1st degree murder (a capital offence) to voluntary manslaughter. Is there a rational basis for this type of use of MAOA evidence in criminal (...) court? This paper will review in context recent work on the MAOA gene–environment interaction in predisposing individuals to violence and address the relevance of such findings to murder trials. Interestingly, the MAOA genetic variants impact future violence and aggression only when combined with the adverse environmental stimuli of childhood maltreatment. Thus nature and nurture interact to determine the individual’s risk. Based on current evidence, I argue there is a weak case for mitigation. But should future experiments confirm the hypothesis that individual differences in impulse control and response to provocation found in MAOA-L men (without abuse) are significantly magnified when combined with childhood maltreatment, the case could turn into a stronger one. (shrink)

Mill contends that the fullest publicity and freedom of discussion is essential for all citizens to share in political freedom. Previous commentators have focused on Mill's strictures against censorship; they have paid little attention to his understanding of how freedom of discussion and political will formation are mediated in the public sphere by the distribution of social power in civil society, particularly control of the means of communication. This article shows that Mill's account of the sociology and political economy of (...) how public opinion forms is central to his understanding of freedom of discussion and democratic political freedom. (shrink)

This article pays special attention to the large number of references to political theology by Hans Kelsen and Carl Schmitt, particularly in the interwar period, and seeks to interpret these references in a new way. While Schmitt's analogies between God and state are to be expected considering his strong Catholic roots, such comparisons are much more surprising for a positivist like Hans Kelsen, who always tried to relieve state and law from transcendental elements. The article concludes that, far from being (...) marginal in the doctrinal dispute between Schmitt and Kelsen, references to political theology express and summarize their major controversy about the relation between state and law, as well as about the sources of the state's unity. The heart of the disputatio between the two jurists concerned the ability of the political power to emancipate itself from the juridical order. The ‘legal miracle’—in this context meaning the occasional autonomization of the state from law—was for Schmitt the manifestation of sovereign power. However, for Kelsen it represented the negation of the state's essence, whose actions must be determined only by the legal order. (shrink)