The difficulty of explaining the outputs of artificial intelligence (AI) models and what has led to them is a notorious ethical problem wherever these technologies are applied, including in the medical domain, and one that has no obvious solution. This paper examines the proposal, made by Luciano Floridi and colleagues, to include a new ‘principle of explicability’ alongside the traditional four principles of bioethics that make up the theory of ‘principlism’. It specifically responds to a recent set of criticisms that (...) challenge the supposed need for such a principle to perform an enabling role in relation to the traditional four principles and therefore suggest that these four are sufficient without the addition of explicability. The paper challenges the critics’ premise that explicability cannot be an ethical principle like the classic four because it is explicitly subordinate to them. It argues instead that principlism in its original formulation locates the justification for ethical principles in a midlevel position such that they mediate between the most general moral norms and the contextual requirements of medicine. This conception of an ethical principle then provides a mold for an approach to explicability on which it functions as an enabling principle that unifies technical/epistemic demands on AI and the requirements of high-level ethical theories. The paper finishes by anticipating an objection that decision-making by clinicians and AI fall equally, but implausibly, under the principle of explicability’s scope, which it rejects on the grounds that human decisions, unlike AI’s, can be explained by their social environments. (shrink)

Many philosophers have worried about what philosophy is. Often they have looked for answers by considering what it is that philosophers do. Given the diversity of topics and methods found in philosophy, however, we propose a different approach. In this article we consider the philosophical temperament, asking an alternative question: what are philosophers like? Our answer is that one important aspect of the philosophical temperament is that philosophers are especially reflective: they are less likely than their peers to embrace what (...) seems obvious without questioning it. This claim is supported by a study of more than 4,000 philosophers and non-philosophers, the results of which indicate that even when we control for overall education level, philosophers tend to be significantly more reflective than their peers. We then illustrate this tendency by considering what we know about the philosophizing of a few prominent philosophers. Recognizing this aspect of the philosophical temperament, it is natural to wonder how philosophers came to be this way: does philosophical training teach reflectivity or do more reflective people tend to gravitate to philosophy? We consider the limitations of our data with respect to this question and suggest that a longitudinal study be conducted. (shrink)

Jonathan Adams, David Pendlebury, Gordon Rogers, Martin Szomszor. 全球研究报告——东南亚[J]. 科学观察, 2020, 15(3): 54-65.

Yarkoni argues that researchers making broad inferences often use impoverished statistical models that fail to include important sources of variation as random effects. We argue, however, that for many common study designs, random effects are inappropriate and insufficient to draw general inferences, as the source of variation is not random, but systematic.

-/- 在一系列《全球研究报告》的调研过程中,我们一直希望对亚洲地区的研究现状进行一个描述,不仅限于中国、日本和韩国这些持续发展且颇受关注的国家。 -/- 这份《全球研究报告》调查了被称为南亚和东亚（S&E Asia）的地区,包括东盟集团及更广泛的地区。 .

Hoerl & McCormack discuss the possible function of meta-representations in temporal cognition but ultimately take an agnostic stance. Here we outline the fundamental role that we believe meta-representations play. Because humans know that their representations of future events are just representations, they are in a position to compensate for the shortcomings of their own foresight and to prepare for multiple contingencies.

A two-systems model of moral judgment proposed by Joshua Greene holds that deontological moral judgments (those based on simple rules concerning action) are often primary and intuitive, and these intuitive judgments must be overridden by reflection in order to yield utilitarian (consequence-based) responses. For example, one dilemma asks whether it is right to push a man onto a track in order to stop a trolley that is heading for five others. Those who favor pushing, the utilitarian response, usually take longer (...) to respond than those who oppose pushing. Greene's model assumes an asymmetry between the processes leading to different responses. We consider an alternative model based on the assumption of symmetric conflict between two response tendencies. By this model, moral dilemmas differ in the "difficulty" of giving a utilitarian response and subjects differ in the "ability" (tendency) to give such responses. (We could just as easily define ability in terms of deontological responses, as the model treats the responses symmetrically.) We thus make an analogy between moral dilemmas and tests of cognitive ability, and we apply the Rasch model, developed for the latter, to estimate the ability-difficulty difference for each dilemma for each subject. We apply this approach to five data sets collected for other purposes by three of the co-authors. Response time (RT), including yes and no responses, is longest when difficulty and ability match, because the subject is indifferent between the two responses, which also have the same RT at this point. When we consider yes/no responses, RT is longest when the model predicts that the response is improbable. Subjects with low ability take longer on the "easier" dilemmas, and vice versa. (shrink)

We propose a new account of calibration according to which calibrating a technique shows that the technique does what it is supposed to do. To motivate our account, we examine an early twentieth-century debate about chlorophyll chemistry and Mikhail Tswett’s use of chromatographic adsorption analysis to study it. We argue that Tswett’s experiments established that his technique was reliable in the special case of chlorophyll without relying on either a theory or a standard calibration experiment. We suggest that Tswett broke (...) the experimenters’ regress by appealing to material facts in the common ground for chemists at the time. (shrink)

Some left-nested indicative conditionals are hard to interpret while others seem fine. Some proponents of the view that indicative conditionals have No Truth Values (NTV) use their view to explain why some left-nestings are hard to interpret: the embedded conditional does not express the truth conditions needed by the embedding conditional. Left-nestings that seem fine are then explained away as cases of ad hoc, pragmatic interpretation. We challenge this explanation. The standard reasons for NTV about indicative conditionals (triviality results, Gibbardian (...) standoffs, etc.) extend naturally to NTV about biconditionals. So NTVers about conditionals should also be NTVers about biconditionals. But biconditionals embed much more freely than conditionals. If NTV explains why some left-nested conditionals are hard to interpret, why do biconditionals embed successfully in the very contexts where conditionals do not embed? (shrink)

Africa's wildlife heritage is under siege--and its worst enemy may be traditional conservation methods. The authors tell of new conservation programs that include more Africans in the planning, execution, and financial benefits of this multi-billion dollar business.

Global Research Report – South and East Asia by Jonathan Adams, David Pendlebury, Gordon Rogers & Martin Szomszor. Published by Institute for Scientific Information, Web of Science Group.

For centuries, humans have contemplated the minds of gods. Research on religious cognition is spread across sub-disciplines, making it difficult to gain a complete understanding of how people reason about gods' minds. We integrate approaches from cognitive, developmental, and social psychology and neuroscience to illuminate the origins of religious cognition. First, we show that although adults explicitly discriminate supernatural minds from human minds, their implicit responses reveal far less discrimination. Next, we demonstrate that children's religious cognition often matches adults' implicit (...) responses, revealing anthropomorphic notions of God's mind. Together, data from children and adults suggest the intuitive nature of perceiving God's mind as human-like. We then propose three complementary explanations for why anthropomorphism persists in adulthood, suggesting that anthropomorphism may be an instance of the anchoring and adjustment heuristic; a reflection of early testimony; and/or an evolutionary byproduct. (shrink)

Advancements in novel neurotechnologies, such as brain computer interfaces and neuromodulatory devices such as deep brain stimulators, will have profound implications for society and human rights. While these technologies are improving the diagnosis and treatment of mental and neurological diseases, they can also alter individual agency and estrange those using neurotechnologies from their sense of self, challenging basic notions of what it means to be human. As an international coalition of interdisciplinary scholars and practitioners, we examine these challenges and make (...) recommendations to mitigate negative consequences that could arise from the unregulated development or application of novel neurotechnologies. We explore potential ethical challenges in four key areas: identity and agency, privacy, bias, and enhancement. To address them, we propose democratic and inclusive summits to establish globally-coordinated ethical and societal guidelines for neurotechnology development and application, new measures, including “Neurorights,” for data privacy, security, and consent to empower neurotechnology users’ control over their data, new methods of identifying and preventing bias, and the adoption of public guidelines for safe and equitable distribution of neurotechnological devices. (shrink)

In this article, we propose the Fair Priority Model for COVID-19 vaccine distribution, and emphasize three fundamental values we believe should be considered when distributing a COVID-19 vaccine among countries: Benefiting people and limiting harm, prioritizing the disadvantaged, and equal moral concern for all individuals. The Priority Model addresses these values by focusing on mitigating three types of harms caused by COVID-19: death and permanent organ damage, indirect health consequences, such as health care system strain and stress, as well as (...) economic destruction. It proposes proceeding in three phases: the first addresses premature death, the second long-term health issues and economic harms, and the third aims to contain viral transmission fully and restore pre-pandemic activity. -/- To those who may deem an ethical framework irrelevant because of the belief that many countries will pursue "vaccine nationalism," we argue such a framework still has broad relevance. Reasonable national partiality would permit countries to focus on vaccine distribution within their borders up until the rate of transmission is below 1, at which point there would not be sufficient vaccine-preventable harm to justify retaining a vaccine. When a government reaches the limit of national partiality, it should release vaccines for other countries. -/- We also argue against two other recent proposals. Distributing a vaccine proportional to a country's population mistakenly assumes that equality requires treating differently situated countries identically. Prioritizing countries according to the number of front-line health care workers, the proportion of the population over 65, and the number of people with comorbidities within each country may exacerbate disadvantage and end up giving the vaccine in large part to wealthy nations. (shrink)

The role of the military is often clear: identify, engage, and destroy the enemy. This is true of all conflicts throughout human history, with armies varying in complexity and scale. This function is distinct from that of policing, which aims to produce a structure to manage communities and provide public safety. The gap between these two paradigms has been rapidly reducing since 9/11, with the global threat of terrorism becoming a tool to justify increasing spending on securitization. This article speculates (...) and debates this transition, demonstrating the key areas of discussion of targeted recruitment of military personnel or the challenge that such an approach has on the ideals of British policing. The piece hopes to examine current and historic discourse to examine whether this is a sleepwalk to authoritarian approaches or directed recruitment is simply an attempt to capture skills and talent to improve policing standards. (shrink)

© 2014 the authors.In strabismus, potentially either eye can inform the brain about the location of a target so that an accurate saccade can be made. Sixteen human subjects with alternating exotropia were tested dichoptically while viewing stimuli on a tangent screen. Each trial began with a fixation cross visible to only one eye. After the subject fixated the cross, a peripheral target visible to only one eye flashed briefly. The subject’s task was to look at it. As a rule, (...) the eye to which the target was presented was the eye that acquired the target. However, when stimuli were presented in the far nasal visual field, subjects occasionally performed a “crossover” saccade by placing the other eye on the target. This strategy avoided the need to make a large adducting saccade. In such cases, information about target location was obtained by one eye and used to program a saccade for the other eye, with a corresponding latency increase. In 10/16 subjects, targets were presented on some trials to both eyes. Binocular sensory maps were also compiled to delineate the portions of the visual scene perceived with each eye. These maps were compared with subjects’ pattern of eye choice for target acquisition. There was a correspondence between suppression scotoma maps and the eye used to acquire peripheral targets. In other words, targets were fixated by the eye used to perceive them. These studies reveal how patients with alternating strabismus, despite eye misalignment, manage to localize and capture visual targets in their environment. (shrink)

Guidelines advise that x-rays do not contribute to the clinical management of simple nasal fractures. However, in cases of simple nasal fracture secondary to assault, a facial x-ray may provide additional legal evidence should the victim wish to press charges, though there is no published guidance. We examine the ethical and medico-legal issues surrounding this controversial area.

The visual system is known to extract summary representations of visually similar objects which bias the perception of individual objects toward the ensemble average. Although vision plays a large role in guiding action, less is known about whether ensemble representation is informative for action. Motor behavior is tuned to the veridical dimensions of objects and generally considered resistant to perceptual biases. However, when the relevant grasp dimension is not available or is unconstrained, ensemble perception may be informative to behavior by (...) providing gist information about surrounding objects. In the present study, we examined if summary representations of a surrounding ensemble display influenced grip aperture and orientation when participants reached-to-grasp a central circular target which had an explicit size but importantly no explicit orientation that the visuomotor system could selectively attend to. Maximum grip aperture and grip orientation were not biased by ensemble statistics during grasping, although participants were able to perceive and provide manual estimations of the average size and orientation of the ensemble display. Support vector machine classification of ensemble statistics achieved above-chance classification accuracy when trained on kinematic and electromyography data of the perceptual but not grasping conditions, supporting our univariate findings. These results suggest that even along unconstrained grasping dimensions, visually-guided behaviors toward real-world objects are not biased by ensemble processing. (shrink)

According to the TDT, no singular propositions about an individual and no "thisnesses" of individuals exist prior to the existence of the indivi­dual in question, where a thisness "is the property of being x, or of being identical with x" and a "singular proposition about an individual x is a proposition that involves or refers to x directly, perhaps by having x or the thisness of x as a constituent, and not merely by way of x's qualitative properties or relations (...) to other individuals" (p. 315) The support for this position comes from two sources, according to Adams. (shrink)

Jonathan Neufeld proposes a concept of aesthetic disobedience that parallels the political concept of civil disobedience articulated by John Rawls in A Theory of Justice. The artistic transgressions he calls aesthetic disobedience are distinctive in being public and deliberative in their aim to bring about specific changes in accepted artworld norms. We argue that Neufeld has offered us valuable insight into the dynamic and potent nature of art and the artworld; however, we contend that Neufeld errs by constraining aesthetic (...) disobedience to the artworld. Through a reconsideration of the parallel between aesthetic and civil disobedience, we illustrate how aesthetic disobedience is more accurately conceived of in terms of two kinds of acts: artistic and artworld. In addition to artistic disobedience and artworld disobedience, we add a broader and more diverse sort of transgressive aesthetic disobedience. Our aim is to articulate how Neufeld’s account of a kind of disobedience in the artworld that parallels civil disobedience can prove even more generative. (shrink)

Pancreatitis is a complex, progressively destructive inflammatory disorder. Alcohol was long thought to be the primary causative agent, but genetic contributions have been of interest since the discovery that rare PRSS1, CFTR and SPINK1 variants were associated with pancreatitis risk. We now report two associations at genome-wide significance identified and replicated at PRSS1-PRSS2 and X-linked CLDN2 through a two-stage genome-wide study. The PRSS1 variant likely affects disease susceptibility by altering expression of the primary trypsinogen gene. The CLDN2 risk allele is (...) associated with atypical localization of claudin-2 in pancreatic acinar cells. The homozygous CLDN2 genotype confers the greatest risk, and its alleles interact with alcohol consumption to amplify risk. These results could partially explain the high frequency of alcohol-related pancreatitis in men. © 2012 Nature America, Inc. All rights reserved. (shrink)

I discuss an argument for Leibniz’s principle of sufficient reason, the argument that he gives from considerations about necessary and sufficient conditions. I consider two versions that Leibniz offers, a longer and a shorter one. I also wish to assess a criticism of the longer version of Leibniz’s argument made by the distinguished Leibniz scholar Robert Merrihew Adams in 1994. Adams claims that Leibniz’s argument for the principle of sufficient reason begs the question. A simple formalization of the (...) argument in propositional logic shows that this is not the case, but reveals two further difficulties. The first difficulty (a) has to do with the apparent failure of the derivation of the principle that the existence of the “aggregate” of the necessary conditions for the existence of a thing implies the existence of the sufficient conditions. The second difficulty (b) is that Leibniz’s second premise plays no obvious role in his derivation. I try to solve these problems, on his behalf. (shrink)

The stunning debut of Jonathan Rée, the Simon Schama of philosophy. 'I See A Voice is a joy to read: bold, crisp in style, effortlessly erudite, slyly humorous, passionate and humane.' Roy Porter, Independent 'Rée writes with such clarity and elegance that his prose is a pleasure to read. His exploration of the world of the deaf demonstrates that their tragic deprivation of one sense illumines our understanding of the others. His study of sign language gives us unparalleled insight (...) into the nature of spoken language... this book is not only a fascinating history of the belated correction of our misperceptions of the deaf, but a demonstration that philosophy really can advance our understanding of the world and ourselves.' Anthony Storr, Literary Review 'Some philosophers take difficulty and try to make it simple, but Rée takes what is apparently mundane and undeniably everyday and makes it hard and wonderful. Reading his book, I had to sit at a table, with a pen and notebook, jotting down things I had never thought about before - asking myself how it was that I had lived with this commonsense all my life, yet never been in possession of its meanings... Rée treats philosophy the way Adam Phillips treats psychoanalysis: he scrutinises the everyday and the commonplace and charges them with significance. Psychoanalysis and the writings of Freud flood into his text, along with the poetry of Wordsworth, the writings of Proust, his own poignant memories of things past. The melancholy richness of his writing soaks up the culture of the late twentieth century: its emphasis on subjectivity and uncertainity; its sense of the individual; its receptivity to other forms; its confessionalism and belief in self scrutiny... in his passionate, fascinating philosophical history of language, deafness and the senses.' Nicci Gerrard, Observer. (shrink)

In this paper I propose an account of representation for scientific models based on Kendall Walton’s ‘make-believe’ theory of representation in art. I first set out the problem of scientific representation and respond to a recent argument due to Craig Callender and Jonathan Cohen, which aims to show that the problem may be easily dismissed. I then introduce my account of models as props in games of make-believe and show how it offers a solution to the problem. Finally, I (...) demonstrate an important advantage my account has over other theories of scientific representation. All existing theories analyse scientific representation in terms of relations, such as similarity or denotation. By contrast, my account does not take representation in modelling to be essentially relational. For this reason, it can accommodate a group of models often ignored in discussions of scientific representation, namely models which are representational but which represent no actual object. (shrink)

This paper offers a discussion of Conway’s account of omnipresence, as found in her only published work, Principles of the Most Ancient and Modern Philosophy (1690). It is argued that Conway proposes a radical approach to understanding the nature of the divine presence in the world. After delineating different approaches to the question of omnipresence that can be found in the philosophical and theological tradition, it is argued that Conway offers a significant and original account that contrasts with the more (...) traditional notions of divine presence based on God’s location, knowledge, power, and creative activity. This account is informed by an exploration of Conway’s underlying Platonist commitments and her arguments regarding the need for a mediating principle, “Christ” or “Adam Kadmon,” between God and creation. Following this, it is argued that there is a notion of omnipresence to be found in Conway’s philosophy centred on a Platonist-inspired “participation-presence,” which offers a dynamic sense of the growing presence of God in the world. The paper then concludes with some more general reflections upon the manner in which Conway’s account of omnipresence fits into the wider intellectual climate of the time, including radical reimaginings of both the nature of God and his presence in the world. (shrink)

Several presidents have created bioethics councils to advise their administrations on the importance, meaning and possible implementation or regulation of rapidly developing biomedical technologies. From 2001 to 2005, the President's Council on Bioethics, created by President George W. Bush, was under the leadership of Leon Kass. The Kass Council, as it was known, undertook what Adam Briggle describes as a more rich understanding of its task than that of previous councils. The council sought to understand what it means to advance (...) human flourishing at the intersection of philosophy, politics, science, and technology within a democratic society. Briggle's survey of the history of U.S. public bioethics and advisory bioethics commissions, followed by an analysis of what constitutes a "rich" bioethics, forms the first part of the book. The second part treats the Kass Council as a case study of a federal institution that offered public, ethical advice within a highly polarized context, with the attendant charges of inappropriate politicization and policy irrelevance. The conclusion synthesizes the author's findings into a story about the possible relationships between philosophy and policy making. "Adam Briggle has written a rich and sympathetic account of the President's Council on Bioethics led by Leon Kass. It puts in historical context the efforts of this council to move beyond the limited 'instrumentalist' approaches to bioethics taken by earlier commissions, toward a more philosophically serious effort to deliberate on the human goods put in play by modern biomedicine. In the process it answers many of the charges of politicization and corrects the record concerning the council's work." --_Francis Fukuyama, The Johns Hopkins School of Advanced International Studies_ "What an eloquent, humane, and wise book. Briggle discovers an imperfect yet fascinating effort to bring the world of biomedical research into the domain of public philosophy. His scholarship and generosity make clear that a democratic society need not be morally shackled to the realm of the possible that science is constantly expanding." --_Daniel Sarewitz, Consortium for Science, Policy, and Outcomes, Arizona State University _ "This is the most persuasive and thoughtful reconstruction of the Kass Council's goals and rationale that I have seen. Adam Briggle's account of the notion of a 'richer' bioethics is comprehensive an well-reasoned." --_Jonathan D. Moreno, University of Pennsylvania _ "Adam Briggle has written a fine book on a complex, controversial topic. He shows the wisdom of the approach to bioethics taken by the Kass Council, sets right the unfair and often nasty attacks on the council and Kass himself, and offers a perceptive and wide-ranging look at the terrain of ethics." --_Daniel Callahan, The Hastings Center _. (shrink)

Although the neoconservative movement has come to dominate American conservatism, this movement has its origins in the old Marxist Left. Communists in their younger days, as the founders of neoconservatism, inverted Marxist doctrine by arguing that moral values and not economic forces were the primary movers of history. Yet the neoconservative critique of biotechnology still borrows heavily from Karl Marx and owes more to the German philosopher Martin Heidegger than to the Scottish philosopher and political economist Adam Smith. Loath to (...) identify these sources - or perhaps unaware of them - neoconservatives do not acknowledge these intellectual underpinnings or their implications. Thus, in the final analysis, their critique is incoherent and even internally inconsistent. By not acknowledging and embracing their intellectual roots, neoconservatives are left with a deeply ambivalent and often confused view of biotechnology and the society that gives rise to it. (shrink)

A review of Cohen's *The Red and the Real*.

History is narrated, as any good storyteller knows, and narration depends for its effects on our notions and metaphors. In their 2002 introduction to 'The Ways That Never Parted', Annette Yoshiko Reed and Adam H. Becker write “The notion of an early and absolute split between Judaism and Christianity, but also the 'master narrative' about Jewish and Christian history that pivots on this notion is being called into question”. In this thesis, by bringing the philosopher Jean-François Lyotard’s 'The Hyphen' into (...) dialogue with both the “parting of the ways” and many other voices from within Jewish and Christian studies, I continue this calling into question. This dismantling does not leave us bereft of notions, narratives, and concepts but with the beginnings of new ones; as Judith Lieu has claimed “a more flexible 'map' [is] required”, as are “different models to answer different questions or maintain different interpretations”. In a series of chapters, Lyotard’s concepts of “designators”, “idioms”, “obligation” and “differends”, are offered as some potential new models, and their interactions clarified. As well as conveying the, often implicit, sense these concepts had for Lyotard, further distinctions are layered in that he left unsaid. By way of this, a new conceptual schema for discussing religious “phrases” – encompassing both linguistic and other acts – is outlined and the areas for further elaboration within it are indicated. In each chapter, this schema is applied to specific texts from within Jewish and Christian studies, to see what new light it can cast on these debates, as well as to refine and test it. All of this is offered in support of a second level argument, that a renewed dialogue between Lyotard’s writings and Jewish and Christian studies could generate ways out of the impasses in each of their paths ahead. (shrink)

ḥeleḳ 1. Adam -- ḥeleḳ 2. Maʼamarim -- ḥeleḳ 3. Ḳol setarim.

Since taking office, the President of the United States has consistently refused to make his tax returns available for public scrutiny. In so doing, he has broken with presidential tradition and kept people guessing about what his tax returns would show if they were disclosed. Interestingly enough, in the absence of concrete knowledge about the President’s tax circumstances, some taxpayers perceive that he did not pay his fair share and others perceive that he did. This situation presents an opportunity for (...) us to consider how vertical equity perceptions about the President’s fair share of taxes, and identification with the President via voting behavior, are jointly associated with taxpayers’ compliance. Using insights from equity theory as reported in Adams Advances in experimental social psychology, Academic Press, New York, 1965) and social learning theory as reported in Bandura, we anticipate and find that those taxpayers who perceive that the President did not pay his fair share of taxes and who most closely socially identify with him have the lowest tax compliance. We use a survey of 600 American taxpayers to capture their perceptions of vertical equity, voting behavior, and tax compliance intentions. Our results may reflect that taxpayers who identify with the President will tend to model his tax-related actions, or may also indicate that some taxpayers vote for a president whose actions are similar to their own. Insights and implications for ethics and tax researchers and tax policy makers are discussed. (shrink)

Recent developments in philosophy and in criminology indicate that there are significant respects in which the two disciplines can be mutually informing. Many philosophers are increasingly interested in exploring empirical aspects of philosophical claims, and criminologists are finding their way past the alleged fact/value distinction and are rediscovering the moral significance of facts, especially regarding punishment and desistance. In some recent criminological studies there are implicit links to the British moralists such as David Hume and Adam Smith, and to Aristotle (...) as well. This paper explicates those links and some of the possibilities for philosophy and criminology to be mutually informing. (shrink)

ECONOMICS AND LAW HAVE HISTORICALLY ATTENUATED THE CONTRIBUtion of ethics in their putative separation of fact and value. In this essay I argue that reconceptualizing the relationships between law, economics, and ethics reveals the shortcomings of positions that disavow ethics. In the first section I contend that thinkers must reread Adam Smith as an economist and a moral philosopher to appreciate his extended treatment of sympathy, conscience, and social justice. In the second section I appropriate the work of Amartya Sen (...) to examine the entanglement of fact and value in deliberating economic choices, including moral motivations and social evaluations that problematize reductive images of economic actors. Finally, I interrogate legal regulation of corporate governance with respect to the Enron scandal and the 2002 Sarbanes-Oxley Act. I argue that legal regulation is a necessary but not sufficient resolution to corporate misconduct because it too enervates ethics and bifurcates fact and value. (shrink)