This essay argues that techniques for assessing testimonial credibility were well established in English legal contexts before they appeared in English natural philosophy. ‘Matters of fact’ supported by testimony referred to human actions and events before the concept was applied to natural phenomena. The article surveys English legal views about testimony and argues that the criteria for credible testimony in both legal and scientific venues were not limited to those of gentle status. Natural philosophers became concerned with testimony when they (...) shifted their attention from universal statements about nature to particular natural and experimental events. Testimony thus became important in the construction of natural and experimental histories constructed by English naturalists. The shift to a more Baconian approach to natural investigation, itself shaped in part by legal concepts and practice, made it possible for members of the Royal Society to adopt an already familiar and societally approved approach to testimony. However, the essay also suggests how the use of scientific instruments and the desire to avoid the adversarial processes of the law modified legal conditions for fact determination, and made it possible for later generations to associate the concept of fact, supported by credible testimony, with the natural rather than the human sciences.Author Keywords: Natural history; Natural philosophy; Testimony; Credibility; Science and law. (shrink)

In this article, the author argues that we need to conceptualize gender as a social structure, and by doing so, we can better analyze the ways in which gender is embedded in the individual, interactional, and institutional dimensions of our society. To conceptualize gender as a structure situates gender at the same level of general social significance as the economy and the polity. The author also argues that while concern with intersectionality must continue to be paramount, different structures of inequality (...) have different constructions and perhaps different influential causal mechanisms at any given historical moment. We need to follow a both/and strategy to understand gender structure, race structure, and other structures of inequality as they currently operate while also systematically paying attention to how these axes of domination intersect. Finally, the author suggests we pay more attention to doing research and writing theory with explicit attention to how our work can indeed help transform as well as inform society. (shrink)

Relational Ontologies uses the metaphor of a fishing net to represent the epistemological and ontological beliefs that we weave together for our children, to give meaning to their experiences and to help sustain them in their lives. The book describes the epistemological threads we use to help determine what we catch up in our net as the warp threads, and our ontological threads as the weft threads. It asks: what kind of fishing nets are we weaving for our children to (...) help them make sense of their experiences? What weft threads are we including and working to strengthen, and what threads are we removing or leaving out? It is important to carefully re/examine these most basic ways of catching up what sustains us in our ocean of infinite experiences, as the threads we weave for our children will determine what they catch up in their nets, until they are old enough to re/weave their own. Relational Ontologies reweaves America's epistemological and ontological fishing net on a larger scale, turning to indigenous cultures and diverse spiritual beliefs for assistance in reforming American schools. (shrink)

Delivering high quality genomics-informed care to patients requires accurate test results whose clinical implications are understood. While other actors, including state agencies, professional organizations, and clinicians, are involved, this article focuses on the extent to which the federal agencies that play the most prominent roles — the Centers for Medicare and Medicaid Services enforcing CLIA and the FDA — effectively ensure that these elements are met and concludes by suggesting possible ways to improve their oversight of genomic testing.

The individual right of access to one’s own data is a crucial privacy protection long recognized in U.S. federal privacy laws. Mobile health devices and research software used in citizen science often fall outside the HIPAA Privacy Rule, leaving participants without HIPAA’s right of access to one’s own data. Absent state laws requiring access, the law of contract, as reflected in end-user agreements and terms of service, governs individuals’ ability to find out how much data is being stored and how (...) it might be shared with third parties. Efforts to address this problem by establishing norms of individual access to data from mobile health research unfortunately can run afoul of the FDA’s investigational device exemption requirements. (shrink)

Regulatory policy for genomic testing may be subject to biases that favor reliance on existing regulatory frameworks even when those frameworks carry unintended legal consequences or may be poorly tailored to the challenges genomic testing presents. This article explores three examples drawn from genetic privacy regulation, oversight of clinical uses of genomic information, and regulation of genomic software. Overreliance on expedient regulatory approaches has a potential to undercut complete and durable solutions.

The particular design of any technology may have profound social implications. Computing technologies are deeply intermeshed with the activities of daily life, playing an ever more central role in how we work, learn, communicate, socialize, and participate in government. Despite the many ways they have improved life, they cannot be regarded as unambiguously beneficial or even value-neutral. Recent experience shows they can lead to unintended but harmful consequences. Some technologies are thought to threaten democracy through the spread of propaganda on (...) online social networks, or to threaten privacy through the aggregation of datasets that include increasingly personal information, or to threaten justice when machine learning is used in such high-stakes, decision-making contexts as loan application reviews, employment procedures, or parole hearings. It is insufficient to ethically assess technology after it has produced negative social impacts, as has happened, for example, with facial recognition software that discriminates against people of color and with self-driving cars that are unable to cope with pedestrians who jay-walk. Developers of new technologies should aim to identify potential harmful consequences early in the design process and take steps to eliminate or mitigate them. This task is not easy. Designers will often have to negotiate among competing values—for instance, between efficiency and accessibility for a diverse user population, or between maximizing benefits and avoiding harm. There is no simple recipe for identifying and solving ethical problems. -/- Computer science education can help meet these challenges by making ethical reasoning about computing technologies a central element in the curriculum. Students can learn to think not only about what technology they could create, but also whether they should create that technology. Learning to reason this way requires courses unlike those currently standard in computer science curricula. A range of university courses on topics in areas of computing, ethics, society and public policy are emerging to meet this need. Some cover computer science broadly, while others focus on specific problems like privacy and security; typically, these classes exist as stand-alone courses in the computer science curriculum. Others have integrated ethics into the teaching of introductory courses on programming, artificial intelligence, and human-computer interaction. (shrink)

For a biological anthropologist interested in the prehistory of religion, J. Wentzel van Huyssteen's book is welcome and resonant. Van Huyssteen's central thesis is that humans' capacity for spirituality emerges from a transformation of cognition and emotions that takes place in the symbolic realm, within Homo sapiens and apart from biology. To his thesis I bring to bear three areas of response: the abundant cognitive and emotional capacities of living apes and extinct hominids; the role of symbolic ritual in the (...) evolutionary history of Homo sapiens; and the closely intertwined nature of biology and culture in the workings of evolutionary change. (shrink)

This article argues that individuals paradigms have predominated social scientific explanations for gendered behavior in intimate relationships but that a microstructural paradigm adds necessary additional information. The results of a study designed to test the relative strengths of individualist and microstructural explanations for “mothering behavior” are presented. The microstructural hypothesis is that single fathers will adopt parental behavior that more closely resembles that of women who mother than that of married fathers. Parenting behaviors of single fathers, single mothers, married parents (...) with mothers at home, and married two-paycheck couples are compared. Overall, the hypothesis is supported. The article ends with a discussion of the implications of the microstructural perspective for social change in a feminist direction. (shrink)

Andrea Wiggins and John Wilbanks offer a rich and nuanced description of citizen science, which they define as “a range of participatory models for involving non-professionals as collaborators in s...

We present a computational analysis of de re, de dicto, and de se belief and knowledge reports. Our analysis solves a problem first observed by Hector-Neri Castañeda, namely, that the simple rule -/- `(A knows that P) implies P' -/- apparently does not hold if P contains a quasi-indexical. We present a single rule, in the context of a knowledge-representation and reasoning system, that holds for all P, including those containing quasi-indexicals. In so doing, we explore the difference between reasoning (...) in a public communication language and in a knowledge-representation language, we demonstrate the importance of representing proper names explicitly, and we provide support for the necessity of considering sentences in the context of extended discourse (for example, written narrative) in order to fully capture certain features of their semantics. (shrink)

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

The genetic testing industry is in a period of potentially major structural change driven by several factors. These include weaker patent protections after Association for Molecular Pathology v. Myriad Genetics and Mayo Collaborative Services v. Prometheus Laboratories, Inc.; a continuing shift from single-gene tests to genome-scale sequencing; and a set of February 2014 amendments to the Clinical Laboratory Improvement Amendments of 1988 regulations and the Health Insurance Portability and Accountability Act Privacy Rule. This article explores the nature of these changes (...) and why they strain existing regulatory frameworks for protecting patients, research subjects, and other consumers who receive genetic testing.Oversight of genetic testing has, at least to date, had two major thrusts: privacy and ethical protections and traditional consumer health and safety regulations. Examples of the first are the Genetic Information Nondiscrimination Act and the HIPAA Privacy Rule, which after 2013 amendments expressly protects genetic privacy as well as other medical privacy. (shrink)

my comments focus on jane addams's methode of ethical deliberation, as understood through Dr. Fischer's detailed explication, especially as offered in chapter 2, "An Evolutionary Method of Ethical Deliberation." As Fischer points out, this explication is of one iteration of Jane Addams's method, a particularized response to how Jane Addams believed the settlement residents should respond to the many labor strikes in Chicago during the 1890s. I offer my comments from the perspective of both a scholar, seeking to better apply (...) Addams's insights to my own work, and an educator, seeking to better integrate Addams's work into my teaching. My hope is to flesh out more clearly my own understanding and, in so doing... (shrink)

To return to last week’s yammering, I want to say that I've been getting some interesting responses to the personal/political/feminist article, responses that are underlining for me the fact that I'm still pretty conflicted about defining feminism. A lot of you have said that feminism is a belief set like a religion, and that because of this there will naturally be a certain amount of disagreement among feminists and feminisms. I agree on the second point: debate is essential to learning, (...) to be sure. And I certainly wasn’t arguing that there should be any sort of unchanging rule-book. Quite the contrary—I believe feminists should disagree with one another, debate one another, learn from each other. (Can you say feminist praxis?) (3.5.98) 1. (shrink)

This clinical case report illustrates the potential dilemmas that can arise from knowledge gained through genetic analysis. These conflicts require careful ethical analysis of presumed duties to protect patient privacy and maintain confidentiality, the duty to warn a second party of a health risk, and the duty of veracity. While the questions raised by genetic testing of one individual for disease that reveals potentially important information about relatives, such as risk for Huntington chorea or breast cancer, have been discussed, the (...) continuing expansion in our capacity for sophisticated genetic analysis continues to present new and challenging situations. The resolution of this case and others like it requires close collaboration among the treatment team, geneticists, and clinical ethicists. (shrink)

Laland et al.'s bidirectional model is a welcome starting point that can be enhanced by a full incorporation of systems thinking into its framework. Systems thinkers note that culture is not transmitted linearly in chunks but is co-constructed within subgroups. Niche construction, particularly among primates, should be studied primarily through the effects that social relationships have on selection pressures.

Ontogeny, specifically the role of language in the human family now and in prehistory, is central to Locke & Bogin's (L&B's) thesis in a compelling way. The unique life-history stages of childhood and adolescence, however, must be interpreted not only against an exceptionally “high quality” human infancy but also in light of the evolution of co-constructed, emotionally based communication in ape, hominid, and human infancy.