Twice in the 2020 term, in Bostock and Comcast, the Supreme Court doubled down on the reasoning of “but-for causation” to interpret antidiscrimination statutes. According to this reasoning, an outcome is discriminatory because of some status—say, sex or race—just in case the outcome would not have occurred “but-for” the plaintiff’s status. We think this reasoning embeds profound conceptual errors that render the decisions deeply confused. Furthermore, those conceptual errors tend to limit the reach of antidiscrimination law. In this essay, we (...) first unpack the ambiguity of this but-for causal reasoning. We then show that this reasoning arises from a misapplication of tort law principles within antidiscrimination law, and that, as a result, it is both conceptually and normatively indeterminate. (shrink)

In the consolidated cases Altitude Express v. Zarda, Bostock v. Clayton County, and R.G. & G.R. Harris Funeral Homes v. EEOC, the Supreme Court will decide whether or not Title VII prohibits discrimination on the basis of sexual orientation or gender identity. Although the parties disagree as to the appropriate formulation of a but-for test to determine whether or not there was a discriminatory outcome, all parties do agree to the use of such a test, which asks “whether the evidence (...) shows ‘treatment of a person in a manner which but for that person’s sex would be different.’” City of Los Angeles, Dep’t. of Water and Power v. Manhart, 435 U.S. 702, 711 (1978). However, but-for tests confuse more than they clarify the inquiry; a discriminatory outcome cannot be explained by appeal to just a discrete characteristic of a particular person. Individuals are not discriminated against because of these characteristics per se. Rather, they are discriminated against because of the social meanings and expectations that attach to these characteristics. Beyoncé and Taylor Swift illustrate the difference between individual-level causation and social explanation in two separate songs, “If I Were a Boy” and “The Man.” The explanation for why the counterfactual ‘male’ Beyoncé and Swift are evaluated differently than their current ‘female’ versions does not lie in individual-level features considered apart from the social world, but in social-level roles and expectations associated with those features. For this reason, a social explanation test—one that asks whether the social meanings of sex characteristics, rather than the characteristics per se, explain the outcome in question—is more suitable for determining whether or not Title VII has been violated. (shrink)

This paper questions the fairness of our current tort-law regime and the philosophical underpinnings advanced in its defense, a theory known as corrective justice. Fairness requires that the moral equality and responsibility of persons be respected in social interactions and institutions. The concept of luck has been used by many egalitarians as a way of giving content to fairness by differentiating between those benefits and burdens that result from informed choice and those that result from fate or fortune. We argue (...) that the theory of corrective justice, along with its institutional embodiment of tort law, is at odds with an egalitarian commitment to fairness because it allows luck an unjustifiable role in determining dissimilar liability for similar wrongs and dissimilar compensation for similar losses to bodily integrity. Many egalitarian political theorists have also recognized, if not defended, the notion of distinct forms of justice, namely corrective, retributive, and distributive. Although theorists of these different forms of justice have been concerned with negating unfair luck inside the operations of each form of justice, there has been little attention to the way in which luck operates to sort cases into each form of justice. We claim that there is a significant way in which luck operates to subject different people to principles of corrective, retributive, and distributive justicewhich flies in the face of the egalitarian value of fairness. After surveying the arguments put forward by theorists defending a categorical distinction between corrective justice and retributive and distributive principles, we argue that although analytical distinctions can be made between different forms of justice (although, we also suggest that the distinctions are not as sharp as some commentators suggest), there is no good reason to defend an acoustic separation between these forms of justice when doing so creates unfair outcomes. (shrink)

ZusammenfassungIm Rahmen des Modellvorhabens „Patienten als Partner—Tumorpatienten und ihr Mitwirken bei medizinischen Entscheidungen“ wurden zwischen März 2002 und August 2003 272 palliativ behandelte Tumorpatienten nach ihrer Einstellung zur Patientenverfügung und zur gewünschten Beteiligung an medizinischen Entscheidungen befragt. Von den Befragten kannten 30% Patientenverfügungen nicht, darunter signifikant mehr Befragte mit formal niedrigerem Bildungsabschluss. Es hatten bereits 11% eine Patientenverfügung abgeschlossen, 22% wollten wahrscheinlich eine abschließen, und 30% wollten keine abschließen. Es fand sich ein statistisch signifikanter Zusammenhang zwischen dem Abschluss einer Patientenverfügung (...) und dem Wunsch nach mehr eigener Entscheidungsverantwortung. Die Einstellung zur Patientenverfügung und der Wunsch nach partizipativer Entscheidungsfindung stehen in keinem statistisch signifikanten Zusammenhang. Patienten mit schriftlichen Vorausverfügungen haben einen erhöhten Kommunikations- und Rückkopplungsbedarf, auf den Ärzte sensibel eingehen sollten. Bei der Information über Patientenverfügungen sollten Menschen mit niedrigerem Bildungsstand mehr als bisher berücksichtigt werden. (shrink)

Im Rahmen des Modellvorhabens „Patienten als Partner—Tumorpatienten und ihr Mitwirken bei medizinischen Entscheidungen“ wurden zwischen März 2002 und August 2003 272 palliativ behandelte Tumorpatienten nach ihrer Einstellung zur Patientenverfügung und zur gewünschten Beteiligung an medizinischen Entscheidungen befragt. Von den Befragten kannten 30% Patientenverfügungen nicht, darunter signifikant mehr Befragte mit formal niedrigerem Bildungsabschluss. Es hatten bereits 11% eine Patientenverfügung abgeschlossen, 22% wollten wahrscheinlich eine abschließen, und 30% wollten keine abschließen. Es fand sich ein statistisch signifikanter Zusammenhang zwischen dem Abschluss einer Patientenverfügung (...) und dem Wunsch nach mehr eigener Entscheidungsverantwortung. Die Einstellung zur Patientenverfügung und der Wunsch nach partizipativer Entscheidungsfindung stehen in keinem statistisch signifikanten Zusammenhang. Patienten mit schriftlichen Vorausverfügungen haben einen erhöhten Kommunikations- und Rückkopplungsbedarf, auf den Ärzte sensibel eingehen sollten. Bei der Information über Patientenverfügungen sollten Menschen mit niedrigerem Bildungsstand mehr als bisher berücksichtigt werden. (shrink)

ZusammenfassungIm Rahmen des Modellvorhabens „Patienten als Partner—Tumorpatienten und ihr Mitwirken bei medizinischen Entscheidungen“ wurden zwischen März 2002 und August 2003 272 palliativ behandelte Tumorpatienten nach ihrer Einstellung zur Patientenverfügung und zur gewünschten Beteiligung an medizinischen Entscheidungen befragt. Von den Befragten kannten 30% Patientenverfügungen nicht, darunter signifikant mehr Befragte mit formal niedrigerem Bildungsabschluss. Es hatten bereits 11% eine Patientenverfügung abgeschlossen, 22% wollten wahrscheinlich eine abschließen, und 30% wollten keine abschließen. Es fand sich ein statistisch signifikanter Zusammenhang zwischen dem Abschluss einer Patientenverfügung (...) und dem Wunsch nach mehr eigener Entscheidungsverantwortung. Die Einstellung zur Patientenverfügung und der Wunsch nach partizipativer Entscheidungsfindung stehen in keinem statistisch signifikanten Zusammenhang. Patienten mit schriftlichen Vorausverfügungen haben einen erhöhten Kommunikations- und Rückkopplungsbedarf, auf den Ärzte sensibel eingehen sollten. Bei der Information über Patientenverfügungen sollten Menschen mit niedrigerem Bildungsstand mehr als bisher berücksichtigt werden. (shrink)

The Fairness, Accountability, and Transparency (FAccT) literature tends to focus on bias as a problem that requires ex post solutions (e.g. fairness metrics), rather than addressing the underlying social and technical conditions that (re)produce it. In this article, we propose a complementary strategy that uses genealogy as a constructive, epistemic critique to explain algorithmic bias in terms of the conditions that enable it. We focus on XAI feature attributions (Shapley values) and counterfactual approaches as potential tools to gauge these conditions (...) and offer two main contributions. One is constructive: we develop a theoretical framework to classify these approaches according to their relevance for bias as evidence of social disparities. We draw on Pearl’s ladder of causation (Causality: models, reasoning, and inference. Cambridge University Press, Cambridge, 2000, Causality, 2nd edn. Cambridge University Press, Cambridge, 2009. doi:10.1017/CBO9780511803161) to order these XAI approaches concerning their ability to answer fairness-relevant questions and identify fairness-relevant solutions. The other contribution is critical: we evaluate these approaches in terms of their assumptions about the role of protected characteristics in discriminatory outcomes. We achieve this by building on Kohler-Hausmann’s (Northwest Univ Law Rev 113(5):1163–1227, 2019) constructivist theory of discrimination. We derive three recommendations for XAI practitioners to develop and AI policymakers to regulate tools that address algorithmic bias in its conditions and hence mitigate its future occurrence. (shrink)

Conceptual engineering is the enterprise of evaluating and improving our representational devices. But how should we conduct this enterprise? One increasingly popular answer to this question proposes that conceptual engineering should proceed in terms of the functions of our representational devices. In this paper, we argue that the best way of understanding this suggestion is in terms of normative functions, where normative functions of concepts are, roughly, things that they allow us to do that matter normatively (for example, things in (...) virtue of which we have normative reasons to have these concepts). Not only does this introduce a novel view about functions to the literature. This proposal also fits more naturally than the alternatives with conceptual engineering as a normative enterprise, and it allows functions to play all of the explanatory roles assigned to them in the conceptual engineering literature. Our discussion of the explanatory advantages of normative functions also advances the understanding of the ways in which concepts can be authoritative, what this means for conceptual engineering, and highlights the importance of political philosophy for thinking about conceptual engineering in practice. Furthermore, the paper explicates what kind of role considerations about function can and should actually play in conceptual engineering. (shrink)

Many versions of the ontological argument have two shortcomings: First, despite the arguments put forward, for example, by Hugh Chandler and Nathan Salmon, they assume that S5 is the correct modal logic for metaphysical modality. Second, despite the classical arguments put forward, for example, by David Hume and Immanuel Kant or the more recent arguments put forward, for example, by John Findlay and Richard Swinburne, they assume that necessary existence is possible. The aim of the paper is to develop an (...) alternative version of the ontological argument that, by an appeal to the logic of ‘actually’, avoids these two shortcomings. The version helps to leave aside unnecessary debates about the modal logic S5 or about the possibility of necessary existence and to focus on the actual challenge for the debate about the ontological argument: the challenge to evaluate the claim that it is possible that God exists. (shrink)

While the meta‐ethical error theory has been of philosophical interest for some time now, only recently a debate has emerged about the question what is to be done if the error theory turns out to be true. This paper argues for a novel answer to this question, namely revolutionary expressivism: if the error theory is true, we should become expressivists. Additionally, the paper explores certain important but largely ignored methodological issues that arise for reforming definitions generally and with a vengeance (...) in the context of a radical error theory about all practical normative judgements, and suggests how these issues can be resolved. (shrink)

The aim of my paper is to compare three alternative formal reconstructions of van Inwagen’s famous argument for incompatibilism. In the first part of my paper, I examine van Inwagen’s own reconstruction within a propositional modal logic. I point out that, due to the expressive limitations of his propositional modal logic, van Inwagen is unable to argue directly (that is, within his formal framework) for incompatibilism. In the second part of my paper, I suggest to reconstruct van Inwagen’s argument within (...) a first-order predicate logic. I show, however, that even though this reconstruction is not susceptible to the same objection, this reconstruction can be shown to be inconsistent (given van Inwagen’s own assumptions). At the end of my paper, I suggest to reconstruct van Inwagen’s argument within a quantified counterfactual logic with propositional quantifiers. I show that within this formal framework van Inwagen would not only be able to argue directly for incompatibilism, he would also be able to argue for crucial assumptions of his argument. (shrink)

The aim of this article is to examine the usefulness of spirituality and aesthetics for generating new perspectives and understandings with regard to business ethics. Using an interpretive mixed-methods approach, data were collected through an online survey of 223 respondents and focus group interviews with 20 participants. Analysis of the quantitative and qualitative data suggests that the presence of aesthetic spirituality and religious spirituality, along with the factors of optimism, contentment, making a difference and interconnectedness, are significantly associated with ethical (...) practice in the workplace. These factors may be focused upon when considering the ethical climate of organizations. Although this research does not support universal conclusions, the relationship between ethics, spirituality and aesthetics identified in the Australian services sector might be replicated elsewhere. (shrink)

The aim of this article is to examine the usefulness of spirituality and aesthetics for generating new perspectives and understandings with regard to business ethics. Using an interpretive mixed‐methods approach, data were collected through an online survey of 223 respondents and focus group interviews with 20 participants. Analysis of the quantitative and qualitative data suggests that the presence of aesthetic spirituality and religious spirituality, along with the factors of optimism, contentment, making a difference and interconnectedness, are significantly associated with ethical (...) practice in the workplace. These factors may be focused upon when considering the ethical climate of organizations. Although this research does not support universal conclusions, the relationship between ethics, spirituality and aesthetics identified in the Australian services sector might be replicated elsewhere. (shrink)

This novel contributed volume advances the current debate on free will by bridging the divide between analytic and historically oriented approaches to the problem. With thirteen chapters by leading academics in the field, the volume is divided into three parts: free will and determinism, free will and indeterminism, and free will and moral responsibility. The contributors aim to initiate a philosophical discourse that profits from a combination of the two approaches. On the one hand, the analytic tools familiar from the (...) debate – arguments, concepts, and distinctions – can be used to sharpen our understanding of classical philosophical positions. On the other hand, the rich philosophical tradition can be reconstructed so as to inspire new solutions. In recent years, the problem of free will has received special attention in the analytic arena. This is the first anthology to combine historical and analytic perspectives, significantly furthering the debate, and providing a crucial resource to academics and advanced students alike. (shrink)

In this paper, I try to show that Kripke’s proposed solution to the problem of negative existentials fails. I try to show that Kripke’s proposal fails because it entails that anybody who has good reasons to believe that there are no propositions has also good reasons to believe that he or she does not exist. However, there were philosophers who had good reasons to believe that there are no propositions even though they didn’t have good reasons to believe that they (...) do not exist. I conclude that Kripke’s proposed solution to the problem of negative existentials fails. (shrink)

Empathy means understanding another person’s emotional or intentional state by vicariously sharing this state. As opposed to emotional contagion, empathy is characterized by the self–other distinction of subjective experience. Empathy develops in the second year, as soon as symbolic representation and mental imagery set in that enable children to represent the self, to recognize their mirror image, and to identify with another person. In experiments with 126 children, mirror recognition and readiness to empathize with a distressed playmate were investigated. Almost (...) all recognizers showed compassion and tried to help, whereas nonrecognizers were perplexed or remained indifferent. Several motivational consequences of empathy are discussed and its special quality is outlined in comparison with theory of mind and perspective taking. (shrink)

The aim of this paper is to relate the debate about the status of S4 and S5 as modal logics for metaphysical modality to the debate about the identity of propositions. The necessary truth of the characteristic axioms of S4 and S5 (when interpreted in terms of metaphysical modality) is derived from a view about the identity of propositions, the view that necessarily equivalent propositions are identical.

Empathy means understanding another person’s emotional or intentional state by vicariously sharing this state. As opposed to emotional contagion, empathy is characterized by the self–other distinction of subjective experience. Empathy develops in the second year, as soon as symbolic representation and mental imagery set in that enable children to represent the self, to recognize their mirror image, and to identify with another person. In experiments with 126 children, mirror recognition and readiness to empathize with a distressed playmate were investigated. Almost (...) all recognizers showed compassion and tried to help, whereas nonrecognizers were perplexed or remained indifferent. Several motivational consequences of empathy are discussed and its special quality is outlined in comparison with theory of mind and perspective taking. (shrink)

Formal principles governing best practices in classification and definition have for too long been neglected in the construction of biomedical ontologies, in ways which have important negative consequences for data integration and ontology alignment. We argue that the use of such principles in ontology construction can serve as a valuable tool in error-detection and also in supporting reliable manual curation. We argue also that such principles are a prerequisite for the successful application of advanced data integration techniques such as ontology-based (...) multi-database querying, automated ontology alignment and ontology-based text-mining. These theses are illustrated by means of a case study of the Gene Ontology, a project of increasing importance within the field of biomedical data integration. (shrink)

The robustness of a system indicates its ability to withstand disturbances while maintaining its properties, performance, and efficiency. There are plenty of studies on the robustness of air transport networks in the literature. However, few works consider its mesoscopic organization. Building on the recently introduced component structure, we explore the impact of targeted attacks on the weighted world air transportation network on its components. Indeed, it contains five local components covering different regions and one global component linking these regions. We (...) investigate targeted attacks based on influential weighted centrality measures. Results show that the local components gradually separate from the world air transportation network as the fraction of removed airports grows. The weighted betweenness attack removes fewer top airports to isolate the regions compared to its alternatives. Furthermore, it is still convenient to travel locally in the separate areas. In contrast, strength and PageRank attacks need to target more airports to split the network. However, they are more disruptive. Indeed, the size of the isolated local components reduces drastically, so it becomes more challenging to travel locally. Looking at the world air transportation network through its component structure reveals a new viewpoint on its resilence. It opens new perspectives to design more efficient attacks. (shrink)

The aim of this article is to investigate the relatively neglected and under-theorized area of ethical mindsets in the Australian services sector. Employing a mixed-methods approach, quantitative data was collected through online survey of 66 items and qualitative data was collected by focus group interviews with 20 participants. An analysis of the survey data suggests that ethical mindsets exist, and the qualitative analysis allowed the identified components to be refined. This research potentially adds to developing business ethics literature about ethical (...) mindsets and contributes to the methodological debate about the efficacy of online surveys and the mixed-methods approach. (shrink)

BACKGROUND: In today’s world of increased awareness regarding the concepts of corporate social responsibility (CSR) and corporate governance (CG), many firms in the developed countries consider noncompliance with CSR and CG standards as an important source of risk to their reputations with stakeholders. OBJECTIVE: The aim of this study is to investigate the relationship between the corporate social responsibility disclosure (CSRD) index and corporate factors, namely, board size, board independence, board meetings, CEO duality, a firm’s size, leverage, profitability and age. (...) This is the first known study in the case of Saudi Arabia to use the GRI 4th edition indicators to construct the CSRD index and evaluate Saudi listed firms. Results: The results show that profitability and size factor have positive and significant association with CSR disclosure in listed Saudi firms. While CG characteristics have no impact on CSR disclosure except board independence which has a negative impact. Conclusion: The average of CSRD index among Saudi firms is too low, it is about 11% that means Saudi firms disclose 11% of the information that they have to provide for stockholders according to GRI guidelines. Furthermore, the study concludes that the most polluted sectors “Ener. (shrink)

One worry about metaethical expressivism is that it reduces to some form of subjectivism. This worry is enforced by subjectivists who argue that subjectivism can explain certain phenomena thought to support expressivism equally well. Recently, authors have started to suggest that subjectivism can take away what has often been seen as expressivism's biggest explanatory advantage, namely expressivism's ability to explain the possibility of moral disagreement. In this paper, I will give a response to an argument recently given by Frank Jackson (...) to this conclusion that will show that it is false that subjectivism could explain disagreement as well as expressivism. (shrink)

This paper seeks to determine the extent of anti-corruption information disclosure in the sustainability reports originating from Gulf countries. Focus primarily on the fight against corruption, this study utilizes a deeply-rooted content analysis technique of corporate sustainability reporting, covering 66 Gulf Cooperation Council (GCC) firms during 2014. Strengthened by the application of institutional theory, insight into the results points to a state of limited maturity regarding the disclosure of anti-corruption procedures in the region. More specifically, the results highlight the compliance (...) in the reporting of conduct code, while reporting information on whistle-blowing was significantly less in comparison. Firms in Qatar and UAE ultimately release better informed reports; inclusive of detailed information on internal anti-corruption practices. (shrink)

BackgroundDescriptive studies examining publication rates and citation counts demonstrate a geographic skew toward high-income countries (HIC), and research from low- or middle-income countries (LMICs) is generally underrepresented. This has been suggested to be due in part to reviewers’ and editors’ preference toward HIC sources; however, in the absence of controlled studies, it is impossible to assert whether there is bias or whether variations in the quality or relevance of the articles being reviewed explains the geographic divide. This study synthesizes the (...) evidence from randomized and controlled studies that explore geographic bias in the peer review process.MethodsA systematic review was conducted to identify research studies that explicitly explore the role of geographic bias in the assessment of the quality of research articles. Only randomized and controlled studies were included in the review. Five databases were searched to locate relevant articles. A narrative synthesis of included articles was performed to identify common findings.ResultsThe systematic literature search yielded 3501 titles from which 12 full texts were reviewed, and a further eight were identified through searching reference lists of the full texts. Of these articles, only three were randomized and controlled studies that examined variants of geographic bias. One study found that abstracts attributed to HIC sources elicited a higher review score regarding relevance of the research and likelihood to recommend the research to a colleague, than did abstracts attributed to LIC sources. Another study found that the predicted odds of acceptance for a submission to a computer science conference were statistically significantly higher for submissions from a “Top University.” Two of the studies showed the presence of geographic bias between articles from “high” or “low” prestige institutions.ConclusionsTwo of the three included studies identified that geographic bias in some form was impacting on peer review; however, further robust, experimental evidence is needed to adequately inform practice surrounding this topic. Reviewers and researchers should nonetheless be aware of whether author and institutional characteristics are interfering in their judgement of research. (shrink)

The aim of the present volume is to advance the debate about free will by combining historical and analytic perspectives. In the discussion throughout the centuries, many problems have emerged that cast doubt on the assumption that we have free will. The aim of this introduction is, first, to present these problems as well as to present several strategies that have been proposed in order to solve these problems; second, to give an overview of the content of the present volume. (...) The contributions to this book aim, for the most part, to advance the debate about these problems by drawing on ideas that can be found in the history of philosophy. (shrink)

Manche Menschen haben hohe Erwartungen an die Wissenschaft. Manche Menschen erwarten von der Wissenschaft, dass sie die Welt vollständig beschreiben wird. Die Wissenschaft wird diese Erwartung aber sicher nie erfüllen – zumindest dann nicht, wenn sie versucht, alle Wahrheiten über die Welt einzeln aufzuzählen. Aber auch der Versuch aus einer endlichen Anzahl von Annahmen eine vollständige Beschreibung zu reduzieren ist zum Scheitern verurteilt.