Kristen Hessler argues that philosophy can best contribute to understanding human rights by exploring the full range of their use in practice. Her approach emphasizes how human rights activism and adjudication can both reveal and dismantle unjust social hierarchies. The result is an innovative vision of interdisciplinary human rights scholarship.

Journal of Social Philosophy, Volume 52, Issue 4, Page 459-472, Winter 2021.

Agricultural biotechnology has long been criticized from an environmental justice perspective. However, an analysis, using golden rice as a case study, shows that golden rice is not susceptible to the main criticisms that are appropriate when directed at most products of agricultural biotechnology, and that golden rice has important humanitarian potential. For these reasons, an environmental justice evaluation of golden rice may need to be more nuanced and complex than a more traditional environmental ethics can provide. Study of the complexity (...) of this issue may pay off in a more effective environmentalism on its own terms. (shrink)

Journal of Social Philosophy, Volume 52, Issue 4, Page 430-435, Winter 2021.

This chapter has four main points. First, I argue that the human rightsHuman rights approach to public health ethicsEthics, championed by Jonathan MannMann, Jonathan and others, needs to engage with philosophical accounts of moral human rights. Second, I argue that, while both interest-based and agencyAgency accounts of moralRightshumanhuman rightsHuman rights are defensible as philosophical accounts of human rights, and both have advantages as the foundation for a human rights approach toRightshealth public health ethics, the interest-based approach is a natural fit (...) for this approach. Third, I illustrate how engagement with the philosophical accounts of the structure of moral rights can help respond to the criticism that certain rights underpinning the human rightsHuman rights approach to public health ethics, such as the right to health, cannot be justified. Finally, I argue that the human rights approach to public health ethics promises to contribute to our understanding of both health and human rightsHuman rights. (shrink)

Journal of Social Philosophy, EarlyView.

Journal of Social Philosophy, EarlyView.

Federal policies on human subjects research have undergone a progressive transformation. In the early decades of the twentieth century, federal policies largely relied on the discretion of investigators to decide when and how to conduct research. This approach gradually gave way to policies that augmented investigator discretion with externally imposed protections. We may now be entering an era of even more stringent external protections. Whether the new policies effectively absolve investigators of personal responsibility for conducting ethical research, and whether it (...) is wise to do so, remains to be seen. (shrink)

While it is widely acknowledged that science is not “free” of non-epistemic values, there is disagreement about the roles that values can appropriately play. Several have argued that non-epistemic values can play important roles in modeling decisions, particularly in addressing uncertainties ; Risbey 2007; Biddle and Winsberg 2010; Winsberg : 111-137, 2012); van der Sluijs 359-389, 2012). On the other hand, such values can lead to bias ; Bray ; Oreskes and Conway 2010). Thus, it is important to identify when (...) it is legitimate to appeal to non-epistemic values in modeling decisions. An approach is defended here whereby such value judgments are legitimate when they promote democratically endorsed epistemological and social aims of research. This framework accounts for why it is legitimate to appeal to non-epistemic values in a range of modeling decisions, while addressing concerns that the presence of such values will lead to bias or give scientists disproportionate power in deciding what values ought to be endorsed. (shrink)

Nanotechnology is science and engineering resulting from the manipulation of matter’s most basic building blocks: atoms and molecules. As such, nanotechnology promises unprecedented control over both the materials we use and the means of their production. Such control could revolutionize nearly every sector of our economy, including medicine, defense, and energy. Despite the relatively recent emergence of this field, it already enjoys generous federal funding and enthusiastic media coverage. The tenor of discourse on nanotechnology is changing, however, as the voices (...) of critics begin to sound about a host of concerns ranging from the societal impacts of improving human performance to the specter of environmental devastation and human disease. (shrink)

Researchers have wondered how the brain creates emotions since the early days of psychological science. With a surge of studies in affective neuroscience in recent decades, scientists are poised to answer this question. In this target article, we present a meta-analytic summary of the neuroimaging literature on human emotion. We compare the locationist approach (i.e., the hypothesis that discrete emotion categories consistently and specifically correspond to distinct brain regions) with the psychological constructionist approach (i.e., the hypothesis that discrete emotion categories (...) are constructed of more general brain networks not specific to those categories) to better understand the brain basis of emotion. We review both locationist and psychological constructionist hypotheses of brain–emotion correspondence and report meta-analytic findings bearing on these hypotheses. Overall, we found little evidence that discrete emotion categories can be consistently and specifically localized to distinct brain regions. Instead, we found evidence that is consistent with a psychological constructionist approach to the mind: A set of interacting brain regions commonly involved in basic psychological operations of both an emotional and non-emotional nature are active during emotion experience and perception across a range of discrete emotion categories. (shrink)

The past two decades have seen the extensive privatisation and marketisation of health care in an ever reaching number of developing countries. Within this milieu, medical tourism is being promoted as a rational economic development strategy for some developing nations, and a makeshift solution to the escalating waiting lists and exorbitant costs of health care in developed nations. This paper explores the need to problematize medical tourism in order to move beyond one dimensional neoliberal discourses that have, to date, dominated (...) the arena. In this problematization, the paper discusses a range of understandings and uses of the term ‘medical tourism’ and situates it within the context of the neoliberal economic development of health care internationally. Drawing on theory from critical medical anthropology and health and human rights perspectives, the paper critically analyzes the assumed independence between the medical tourism industry and local populations facing critical health issues, where social, cultural and economic inequities are widening in terms of access, cost and quality of health care. Finally, medical tourism is examined in the local context of India, critiquing the increasingly indistinct roles played by government and private sectors, whilst linking these shifts to global market forces. (shrink)

This article explores “determining gender,” the umbrella term for social practices of placing others in gender categories. We draw on three case studies showcasing moments of conflict over who counts as a man and who counts as a woman: public debates over the expansion of transgender employment rights, policies determining eligibility of transgender people for competitive sports, and proposals to remove the genital surgery requirement for a change of sex marker on birth certificates. We show that criteria for determining gender (...) differ across social spaces. Gender-integrated spaces are more likely to use identity-based criteria, while gender-segregated spaces, like the sexual spaces we have previously examined, are more likely to use biology-based criteria. In addition, because of beliefs that women are inherently vulnerable and men are dangerous, “men’s” and “women’s” spaces are not policed equally—making access to women’s spaces central to debates over transgender rights. (shrink)

As two parts of one overarching legal positivist project, it is likely assumed that the constitutive elements of Joseph Raz’s analysis of the rule of law are compatible with his thinking on the nature of legal authority. The aim of this article is to call this assumption into question by reading Raz in light of the core, if under-recognised, preoccupation of the jurisprudence of Lon Fuller: namely, the latter’s concern to illuminate the relationship between the distinctive form of law and (...) human agency. This not only opens up a new engagement between Raz and Fuller that was far from exhausted within debates about law and morality, but also reveals tensions between Raz’s analysis of the rule of law and his analysis of legal authority that proponents of Raz’s legal positivism need to address. (shrink)

Over the past twenty-five years, numerous articles in Hypatia have clarified, revised, and defended increasingly more nuanced views of both feminist empiricism and standpoint feminism. Feminist empiricists have argued that scientific knowledge is contextual and socially situated (Longino 1990; Nelson 1990; Anderson 1995), and standpoint feminists have begun to endorse virtues of theory choice that have been traditionally empiricist (Wylie 2003). In fact, it is unclear whether substantive differences remain. I demonstrate that current versions of feminist empiricism and standpoint feminism (...) now have much in common but that key differences remain. Specifically, they make competing claims about what is required for increasing scientific objectivity. They disagree about 1) the kind of diversity within scientific communities that is epistemically beneficial and 2) the role that ethical and political values can play. In these two respects, feminist empiricists have much to gain from the resources provided by standpoint theory. As a result, the views would be best merged into “feminist standpoint empiricism.”. (shrink)

Several feminist philosophers of science have tried to open up the possibility that feminist ethical or political commitments could play a positive role in good science by appealing to the Duhem-Quine thesis and underdetermination of theories by observation. I examine several different interpretations of the claim that feminist values could play a legitimate role in theory justification and show that none of them follow from a logical gap between theory and observation. Finally, I sketch an alternative approach for defending the (...) possibility that feminist political commitments could play a legitimate role in science. (shrink)

Over a century ago, William James outlined the first psychological constructionist model of emotion, arguing that emotions are phenomena constructed of more basic psychological parts. In this article, I outline a modern psychological constructionist model of emotion. I first explore the history of psychological construction to demonstrate that psychological constructionist models have historically emerged in an attempt to explain variability in emotion that cannot be accounted for by other approaches. I next discuss the modern psychological constructionist model of emotion that (...) I take in my own research, outlining its hypotheses, existing empirical support, and areas of future research. I conclude by arguing that psychological constructionist models can help scientists better understand the human mind. (shrink)

There are increasing calls internationally for the development of regulation and policies related to the rapidly growing nanotechnologies sector. As part of the process of policy formation, it is widely accepted that deliberative community engagement processes should be included, enabling publics to have a say about nanotechnologies, expressing their hopes and fears, issues and concerns, and that these will be considered as part of the policy process. The Australian Federal and State governments have demonstrated a commitment to these ideals, undertaking (...) a number of public engagement activities in recent years. However, despite promises that these community engagement activities will enable policy makers to identify complex and contested community attitudes, and that these will be included as part of the policy making process, a closer look at Australia’s engagement activities reveals something quite different. Through an analysis of a number of Australia’s nano-engagement activities, this paper demonstrates the limits of public engagement related to the development of nanotechnology related policies and regulation in Australia. Our analysis reveals the extent to which industry interests have captured policy makers and regulators, dissenting voices have been excluded from engagement processes, and engagement processes have not connected with actual policy making activities. Reflecting on these limits, this paper concludes with recommendations for improving public engagement processes related to nanotechnologies in Australia. (shrink)

In this review, we highlight evidence suggesting that concepts represented in language are used to create a perception of emotion from the constant ebb and flow of other people’s facial muscle movements. In this “construction hypothesis,” (cf. Gendron, Lindquist, Barsalou, & Barrett, 2012) (see also Barrett, 2006b; Barrett, Lindquist, & Gendron, 2007; Barrett, Mesquita, & Gendron, 2011), language plays a constitutive role in emotion perception because words ground the otherwise highly variable instances of an emotion category. We demonstrate that language (...) plays a constitutive role in emotion perception by discussing findings from behavior, neuropsychology, development, and neuroimaging. We close by discussing implications of a constructionist view for the science of emotion. (shrink)

In Nietzsche and Embodiment Kristen Brown reveals the smartness of bodies, challenging the traditional view in the West that bodies are separate from and morally inferior to minds. Drawing inspiration from Nietzsche, Brown vividly describes why the interdependence of mind and body matters, both in Nietzsche's writings and for contemporary debates (non-dualism theory, Merleau-Ponty criticism, and metaphor studies), activities (spinal cord research and fasting), and specific human experiences (menses, trauma, and guilt). Brown's theories about the dynamic relationship between body (...) and mind provide new possibilities for self-understanding and experience. (shrink)

This article examines the reproduction of gendered workplace inequalities through in-depth interviews with female-to-male transsexuals. Many FTMs enter the workforce as women and then transition to become men, an experience that can provide them with an “outsider-within” perspective on the “patriarchal dividend”—the advantages men in general gain from the subordination of women. Many of the respondents in this article find themselves, as men, receiving more authority, reward, and respect in the workplace than they received as women, even when they remain (...) in the same jobs. The author argues that their experiences can make the underpinnings of gendered workplace disparities visible and help illuminate how structural disadvantages for women are reproduced in workplace interactions. As tall, white FTMs see more advantages than short FTMs and FTMs of color, these experiences also illustrate how men's gender advantages at work vary with characteristics such as race/ethnicity and body structure. (shrink)

During emerging public health crises, both policymakers and members of the public are looking to scientific experts to provide guidance. Even in cases where there are significant uncertainties, there is pressure for experts to “speak with one voice” to avoid confusion, allow officials to make evidence-based decisions rapidly, and encourage public support for such decisions. This can lead experts to engage in masking of information about the state of the science or regarding assumptions involved in policy recommendations. Although experts might (...) have good reasons for masking disagreements, uncertainties, or assumptions when offering policy advice, we argue that this strategy can result in epistemic harms. Using the case of the COVID-19 pandemic, we show that public health authorities masked two types of information necessary for laypersons to evaluate public health recommendations: (1) experts’ disagreements about the scientific evidence and (2) the role of values in making inferences from the science to policy positions. We contend that this resulted in epistemic harms against laypeople that provide a pro tanto case against masking information. We further argue that when the science is in flux and policies need to be implemented despite significant uncertainties, there is an all-things-considered case against masking the types of information discussed. (shrink)

Weder sollte man in jungen Jahren zögern, sich philosophisch zu betätigen, noch sollte man im Alter das Philosophieren als Mühe empfinden. Epikur Der Brief an Menoikeus ist der zentrale Text für die Ethik des griechischen Philosophen Epikur und der einzige im Ganzen überlieferte auf diesem Teilgebiet seiner Lehre. Seine Bedeutung verdankt der Text nicht nur seinem Erhaltungszustand, sondern auch seinem Inhalt, umfasst er doch in knapper, verständlicher Form nahezu alle grundlegenden Richtlinien, die nach Epikur für ein Leben in Glückseligkeit entscheidend (...) sind. Die vorliegende Arbeit bietet die erste textkritische Ausgabe des Briefs seit 40 Jahren, eine neue Übersetzung sowie eine umfassende wissenschaftliche Einleitung zu allgemeinen Aspekten epikureischer Literatur und speziellen Problemen des Briefs: Sie erläutert die Intention, die literarische und sprachliche Form sowie Themen des Briefs. Den größten Teil der Arbeit macht der erste ausführliche Kommentar zu dieser Schrift aus: Neben umfassenden sprachlichen und textkritischen Erläuterungen werden die Argumente des Briefs in das philosophische System des Kepos eingeordnet und Epikurs Auseinandersetzung mit anderen Autoren beleuchtet, besonders der philosophischen Konkurrenz. Vor allem aber findet erstmals Berücksichtigung, dass der Brief als eine Werbeschrift (protreptikos) bestimmten Gesetzen folgt, die Auswirkungen auf die sprachliche und inhaltliche Gestaltung haben: als Werbeschrift richtet sich der Text an jedermann und muss somit ohne Vorkenntnisse verständlich sein. All dies ermöglicht eine neue Perspektive auf Epikurs hier vorgestellte Ansichten u.a. über die Götter, den Tod, die Lust und das Leben des Weisen in Eudaimonie. (shrink)

Teased out through a playful tale about a king who failed in eight ways to make law, Lon L. Fuller's eight principles of the ‘internal morality of law’ became an important contribution to legal philosophy and rule of law theory alike. Moreover, it was Fuller's claim that his principles were not just internal to the enterprise of law, but also ‘moral’ in character, that precipitated a particular kind of ‘natural law versus legal positivism’ contest that continues among legal philosophers today. (...) But as a recent revival of interest in Fuller's thought indicates, his scholarly agenda around the idea of ‘the internal morality of law’ was wider still and deserves revisiting for the range of avenues of inquiry it opens up. (shrink)

This book encompasses the complexities without sacrificing the other main virtue of the collection: to definitively illuminate the debate for all.