Jeremy Waldron has plausibly argued that historical injustices can be superseded by serious efforts to achieve justice in the present and future. This essay considers what it might mean to arrange things justly in the relevant way, focusing on the work of John Rawls as our best existing template for conceptualizing justice of this kind. The essay outlines ways in which a Rawlsian system of social justice seems unable to meet its own normative aspirations and unable to provide a model (...) for overcoming historically constituted disadvantage. As the essay argues, the society described by Rawls is likely to remain divided by inherited class structures, given the motivational requirements of markets and the psychological effects of the division of labor, so that inheritors of historical injustice would remain disadvantaged even if Rawlsian principles were put into practice. The essay considers some speculative methods for overcoming these inequalities, and argues that the most promising approach in circumstances as we know them will draw on already-existing programs of compensation for historical expropriation. The essay also argues that Rawlsians should take seriously the application of the difference principle to the distribution of political authority alongside material resources, suggesting that we should give careful thought to how political structures can protect the interests of the least advantaged. The paper argues that, once again, existing mechanisms for Aboriginal self-governance are more appropriate as a system of forward-looking justice than they may otherwise appear. The essay argues in closing that political philosophy should give increased attention to the ethics of political action and to conflict among the disadvantaged in imperfect circumstances. (shrink)

Much controversy has existed over the claims of Native Americans and other indigenous peoples that they have a right—based on original occupancy of land, historical transfers of sovereignty, and principles of self-determination—to a political status separate from the states in which they now find themselves embedded. How valid are these claims on moral grounds? -/- Burke Hendrix tackles these thorny questions in this book. Rather than focusing on the legal and constitutional status of indigenous nations within the states (...) now ruling them, he starts at a more basic level, interrogating fundamental justifications for political authority itself. He shows that historical claims of land ownership and prior sovereignty cannot provide a sufficient basis for challenging the authority of existing states, but that our natural moral duties to aid other persons in danger can justify rights to political separation from states that fail to protect their citizens as they should. -/- Actual attempts at political separation must be carefully managed through well-defined procedural mechanisms, however, to foster extensive democratic deliberation about the nature of the political changes at stake. Using such procedures, Hendrix argues, indigenous peoples should be able to withdraw politically from the states currently ruling them, even to the point of choosing full independence. (shrink)

This essay considers the relationship between ideal theory and non-ideal theory. It begins with Rawls’s conception of ideal theory and A. John Simmons’s articulation of non-ideal theory. Both defend the priority of ideal theory over non-ideal theory. The essay then considers three different conceptions of the social barriers standing in the way of an ideal society, taken broadly from Mill, Marx, and Foucault. Each conception of power suggests a divergent strategy for pursuing non-ideal theory. The Foucauldian conception also suggests reasons (...) to mistrust our own political and moral judgments. The essay advocates a more limited view of the relationship between ideal and non-ideal theory than is commonly described, in which ideal theory retains its logical priority but not its temporal priority. In other words, the essay argues that we will fare best when we focus first on reducing specific injustices while setting aside further speculation about the character of an ideal society. (shrink)

What is the appropriate degree of abstraction from existing social facts when engaging in normative political theory? Through a focus on American Indian and other indigenous claims over historically expropriated lands, this essay argues that highly abstracted forms of normative analysis can often misunderstand the core moral problems at stake in real cases, and that they can pose moral dangers when they do so. As argued, the hard moral issues involved in indigenous land claims within countries such as Canada and (...) the United States often have far more to do with questions about competing uses for public lands than with abstract property theory as such. The essay argues that normative theorists will often do more social good, and pose fewer dangers, when they pay close attention to the real moral challenges that social actors face on the ground than when they become captured by abstract questions with ambiguous practical importance. (shrink)

While claims for the return of expropriated land by Native Americans and other indigenous peoples are often evaluated using legal frameworks, such approaches fail to engage the fundamental moral questions involved. This essay outlines three justifications for Native Americans to pursue land claims: to regain properties where original ownership has not been superseded, to aid the long-term survival of their endangered cultures, and to challenge and revise the historical misremembering of mainstream American society. The third justification is most controversial. It (...) asserts that understandings of history shape perceptions of the present, and that intensively pursued land claims can provide powerful challenges to inaccurate conceptions of the past. This essay argues that Native Americans are for this reason justified in strategically pursuing land claims that are difficult to justify on other grounds, and closes with some worries about the legitimate role of strategy in political action. (shrink)

This volumes argues that it is essential for political theorists to think carefully about the political circumstances of indigenous groups facing persistent injustice, and about the political methods that these groups may adopt in seeking to improve their condition, particularly focusing on indigenous communitities in the US and Canada.

Jeremy Waldron argues that the historical ownership rights of Aboriginal peoples can be superseded, yet acknowledges that programs of historically grounded compensation are justifiable in the absence of widespread redistribution. This article argues that existing states lack social justice programs of the requisite kind, and that they will continue to do so in the foreseeable future. Moreover, even the best-designed programs will be far more ambiguous than Waldron encourages us to recognize, given the unavoidability of inheritance-based inequalities. The article argues (...) that philosophers should pay special attention to political context when evaluating the claims of socially vulnerable populations such as Aboriginal peoples. (shrink)

Defenders of Aboriginal rights such as James Tully have argued that members of majority populations should allow Aboriginal peoples to argue within their own preferred intellectual frameworks in seeking common moral ground. But how should non-Aboriginal academics react to claims that seem insufficiently critical or even incoherent? This essay argues that there are two reasons to be especially wary of attacking such errors given the historical injustices perpetrated by settler states against Aboriginal peoples. First, attempts to root out error will (...) often be misplaced, because they will fail to consider the full range of possible reasons for particular kinds of social practices. Second, such attempts will often have counterproductive social effects in disrupting conversations and prolonging Aboriginal alienation. This essay thus argues that non-Aboriginal academics should be willing to exercise considerable self-restraint toward apparent intellectual errors, because such a strategy will be most conducive to realizing justice over the long term. (shrink)

Should states extend customized political protections to 'minority nations' or 'minority cultures'? Part of the answer depends on whether the identities at stake are merely political artifacts created or exploited by 'ethnic entrepreneurs', or whether they are 'authentic' expression of an ongoing collective life. This essay argues that the real character of groups is persistently difficult to recognize, and that 'authenticity' is a problematic notion even in the abstract. Given these uncertainties, the essay argues that states should generally treat only (...) the claims of small and vulnerable groups as moral issues, while treating the claims of large groups primarily as political matters. The essay closes with a discussion of the legal criteria for recognizing Indian tribes in the United States, arguing that the standards used are generally plausible, if problematic in one key detail. (shrink)

Defenders of Aboriginal rights such as James Tully have argued that members of majority populations should allow Aboriginal peoples to argue within their own preferred intellectual frameworks in seeking common moral ground. But how should non-Aboriginal academics react to claims that seem insufficiently critical or even incoherent? This essay argues that there are two reasons to be especially wary of attacking such errors given the historical injustices perpetrated by settler states against Aboriginal peoples. First, attempts to root out error will (...) often be misplaced, because they will fail to consider the full range of possible reasons for particular kinds of social practices. Second, such attempts will often have counterproductive social effects in disrupting conversations and prolonging Aboriginal alienation. This essay thus argues that non-Aboriginal academics should be willing to exercise considerable self-restraint toward apparent intellectual errors, because such a strategy will be most conducive to realizing justice over the long term. (shrink)

Probes the nature of linguistic or symbolic action as it relates to specific novels, plays, and poems.

Probes the nature of linguistic or symbolic action as it relates to specific novels, plays, and poems.

There is a paucity of neuroaesthetic studies on prose fiction. This is in contrast to the very many impressive studies that have been conducted in recent times on the neuroaesthetics of sister arts such as painting, music and dance. Why might this be the case, what are its causes and, of greatest importance, how can it best be resolved? In this article, the pitfalls, parameters and prospects of a neuroaesthetics of prose fiction will be explored. The article itself is part (...) critical review, part methodological proposal and part opinion paper. Its aim is simple: to stimulate, excite and energize thinking in the discipline as to how prose fiction might be fully integrated in the canon of neuroaesthetics and to point to opportunities where neuroimaging studies on literary discourse processing might be conducted in collaborative work bringing humanists and scientists together. (shrink)

Contents \t\t\t\t\t \tTRANSLATOR'S INTRODUCTION \t\t1 \t \tNOTE ON THE TRANSLATION \t\t39 \t OBSERVATIONS ON THE FEELING OF THE BEAUTIFUL AND SUBLIME \t\t\t\t\t \tSECTION ONE: \t\t\t\t \t\tOf the Distinct Objects of the Feeling of the Beautiful and Sublime \t\t45 \tSECTION TWO: \t\t\t\t \t\tOf the Attributes of the Beautiful and Sublime.

In this essay, we suggest practical ways to shift the framing of crisis standards of care toward disability justice. We elaborate on the vision statement provided in the 2010 Institute of Medicine (National Academy of Medicine) “Summary of Guidance for Establishing Crisis Standards of Care for Use in Disaster Situations,” which emphasizes fairness; equitable processes; community and provider engagement, education, and communication; and the rule of law. We argue that interpreting these elements through disability justice entails a commitment to both (...) distributive and recognitive justice. The disability rights movement's demand “Nothing about us, without us” requires substantive inclusion of disabled people in decision‐making related to their interests, including in crisis planning before, during, and after a pandemic like Covid‐19. (shrink)

Health research increasingly relies on organized collections of health data and biological samples. There are many types of sample and data collections that are used for health research, though these are collected for many purposes, not all of which are health-related. These collections exist under different jurisdictional and regulatory arrangements and include: 1) Population biobanks, cohort studies, and genome databases 2) Clinical and public health data 3) Direct-to-consumer genetic testing 4) Social media 5) Fitness trackers, health apps, and biometric data (...) sensors Population biobanks, cohort studies, and genome databases Clinical and public health data Direct-to-consumer genetic testing Social media Fitness trackers, health apps, and biometric data sensors Ethical, legal, and social challenges of such collections are well recognized, but there has been limited attention to the broader societal implications of the existence of these collections. Although health research conducted using these collections is broadly recognized as beneficent, secondary uses of these data and samples may be controversial. We examine both documented and hypothetical scenarios of secondary uses of health data and samples. In particular, we focus on the use of health data for purposes of: Forensic investigations Civil lawsuits Identification of victims of mass casualty events Denial of entry for border security and immigration Making health resource rationing decisions Facilitating human rights abuses in autocratic regimes Forensic investigations Civil lawsuits Identification of victims of mass casualty events Denial of entry for border security and immigration Making health resource rationing decisions Facilitating human rights abuses in autocratic regimes Current safeguards relating to the use of health data and samples include research ethics oversight and privacy laws. These safeguards have a strong focus on informed consent and anonymization, which are aimed at the protection of the individual research subject. They are not intended to address broader societal implications of health data and sample collections. As such, existing arrangements are insufficient to protect against subversion of health databases for non-sanctioned secondary uses, or to provide guidance for reasonable but controversial secondary uses. We are concerned that existing debate in the scholarly literature and beyond has not sufficiently recognized the secondary data uses we outline in this paper. Our main purpose, therefore, is to raise awareness of the potential for unforeseen and unintended consequences, in particular negative consequences, of the increased availability and development of health data collections for research, by providing a comprehensive review of documented and hypothetical non-health research uses of such data. (shrink)

A cognitive assessment strategy that is not limited to examining a set of summary test scores may be more helpful for early detection of emergent illness such as Alzheimer’s disease (AD) and may permit a better understanding of cognitive functions and dysfunctions in those with AD and other dementia disorders. A revisit of the work already undertaken by Kaplan and colleagues using the Boston Process-Approach provides a solid basis for identifying new opportunities to capture data on neurocognitive processes, test-taking strategies (...) and response styles. Thus, this critical review will combine traditional process-based assessment strategies with support provided or offered by newer technologies that have the potential to add value to data collection and interpretation. There is now considerable interest in neuropsychological test administration using computer/digital technology, both in research and in clinical settings. To add value, any computerized version of an existing cognitive test should respect the administration procedure for which normative data were obtained, should be time-saving in terms of scoring and interpretation, and should, we argue, facilitate gathering information about the processes and strategies followed in test completion. This article will offer an overview of the steps needed when implementing computerization of neuropsychological tests using a Process-Based Approach (PBA) to these technology-based adaptations and will discuss further developments in this area by linking it to future technological developments that may be possible in the area of neuropsychological assessment. Additionally, an overview of neuropsychological tests that may benefit from computerization will be presented, together with suggestions on the specific processes, strategies and features that may be captured with the aid of such computerization. Finally, hypotheses on how virtual reality could be an asset for the future of the PBA to neuropsychological assessment will also be discussed. (shrink)

A critical reply to the anti-mindfulness critics in the collection, who oppose the popular secularized adoption of mindfulness on various grounds (it is not Buddhism, it is Buddhism, it is a tool of neo-capitalist exploitation, etc.), I argue that mindfulness is a quality of consciousness, opposite mindlessness, that may be cultivated through practice, and is almost always beneficial to those who cultivate it.

Television pictures of starvation and depredation are not the only way that famine and political instability in the horn of Africa have affected the United States. Many people from that region of the world are seeking political or economic refuge here, and they are exposing us to a culture that is in some ways — most notably, in the practice of female circumcision – so radically different from the prevailing American cultures that we have been stunned. They are also forcing (...) hospital ethics committees to face issues that cannot be resolved by the facile application of the settled principles that have guided those institutions for the past several years. Autonomy and multiculturalism, long the foundations of most ethics committee decision making, have started to give way to a list of formally articulated rights and wrongs – perhaps to a restatement and adoption of rules said to be based in natural law. Female circumcision, argues one newspaper letter writer, “is just a sickening display of male power disguised as legitimate dogma. (shrink)

Learning in educational settings most often emphasizes declarative and procedural knowledge. Studies of expertise, however, point to other, equally important components of learning, especially improvements produced by experience in the extraction of information: Perceptual learning. Here we describe research that combines principles of perceptual learning with computer technology to address persistent difficulties in mathematics learning. We report three experiments in which we developed and tested perceptual learning modules to address issues of structure extraction and fluency in relation to algebra and (...) fractions. PLMs focus students’ learning on recognizing and discriminating, or mapping key structures across different representations or transformations. Results showed significant and persisting learning gains for students using PLMs. PLM technology offers promise for addressing neglected components of learning: Pattern recognition, structural intuition, and fluency. Using PLMs as a complement to other modes of instruction may allow students to overcome chronic problems in learning. (shrink)

A proliferation of tests exists for the assessment of auditory-verbal memory processes. However, from a clinical practice perspective, the situation is less clear when it comes to the ready availability of reliable and valid tests for the evaluation of visual/visuo-spatial memory processes. While, at face value, there appear to be a wide range of available tests of visual/visuo-spatial memory, utilizing different types of materials and assessment strategies, a number of criticisms have been, and arguably should be, leveled at the majority (...) of these tests. The criticisms that have been directed toward what are typically considered to be visual/visuo-spatial memory tests, such as the potential for verbal mediation, over-abstraction of stimuli, the requirement of a drawing response, and the lack of sensitivity to unilateral brain lesions, mean that, in reality, the number of readily available valid tests of visual/visuo-spatial memory is, at best, limited. This article offers a critical, historical review on the existing measures and resources for the neuropsychological assessment of visual/visuo-spatial memory, and it showcases some examples of newer tests that have aimed to overcome the challenges of assessing these important aspects of memory. The article also identifies new trends and examples of how technological advances such as virtual reality may add value to overcome previous obstacles to assessment, thereby offering professionals more reliable, accurate means to evaluate visual/visuo-spatial memory in clinical practice. (shrink)

The informed consent process for genetic testing does not commonly address preferences regarding disclosure of results in the event of the patient's death. Adults being tested for familial colorectal cancer were asked whether they want their exome sequencing results disclosed to another person in the event of their death prior to receiving the results. Of 78 participants, 92% designated an individual and 8% declined to. Further research will help refine practices for informed consent.

According to the PubMed resource from the U.S. National Library of Medicine, over 750,000 scientific articles have been published in the ~5000 biomedical journals worldwide in the year 2007 alone. The vast majority of these publications include results from hypothesis-driven experimentation in overlapping biomedical research domains. Unfortunately, the sheer volume of information being generated by the biomedical research enterprise has made it virtually impossible for investigators to stay aware of the latest findings in their domain of interest, let alone to (...) be able to assimilate and mine data from related investigations for purposes of meta-analysis. While computers have the potential for assisting investigators in the extraction, management and analysis of these data, information contained in the traditional journal publication is still largely unstructured, free-text descriptions of study design, experimental application and results interpretation, making it difficult for computers to gain access to the content of what is being conveyed without significant manual intervention. In order to circumvent these roadblocks and make the most of the output from the biomedical research enterprise, a variety of related standards in knowledge representation are being developed, proposed and adopted in the biomedical community. In this chapter, we will explore the current status of efforts to develop minimum information standards for the representation of a biomedical experiment, ontologies composed of shared vocabularies assembled into subsumption hierarchical structures, and extensible relational data models that link the information components together in a machine-readable and human-useable framework for data mining purposes. (shrink)

This work introduces the English-speaking reader to the theoretical foundations of Kng's popular works; an indispensable prolegomena for every future Christology.