Jules Coleman, one of the world's leading philosophers of law, here presents his most mature work so far on substantive issues in legal theory and the appropriate methodology for legal theorizing. In doing so, he takes on the views of highly respected contemporaries such as Brian Leiter, Stephen Perry, and Ronald Dworkin.

This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable (...) relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible. Another target of this book is the prevalent view that tort law helps rectify market failures when transaction costs are too high to permit contracting. The author argues instead that tort law should be understood as a way of rectifying wrongful losses not inefficient exchanges. (shrink)

One of the key criticisms of the ethical review process is the time taken to decision, and associated resource use. A key source of delay is that most submissions are required to respond to at leas...

A major challenge in neuroscience is to understand what happens to a brain as it ages. Such insights could make it possible to distinguish between individuals who will undergo typical aging and those at risk for neurodegenerative disease. Over the last quarter century, thousands of human brain imaging studies have probed the neural basis of age-related cognitive decline. “Aging” studies generally enroll adults over the age of 65, a historical precedent rooted in the average retirement age of U.S. wage-earners. A (...) consequence of this research tradition is that it overlooks one of the most significant neuroendocrine changes in a woman’s life: the transition to menopause. The menopausal transition is marked by an overall decline in ovarian sex steroid production – up to 90% in the case of estradiol – a dramatic endocrine change that impacts multiple biological systems, including the brain. Despite sex differences in the risk for dementia, the influence that biological sex and sex hormones have on the aging brain is historically understudied, leaving a critical gap in our understanding of the aging process. In this Perspective, we highlight the influence that endocrine factors have on the aging brain. We devote particular attention to the neural and cognitive changes that unfold in the middle decade of life, as a function of reproductive aging. Next, we consider emerging evidence from animal and human studies that other endocrine factors occurring earlier in life (e.g. pregnancy, hormonal birth control use) also shape the aging process. Applying a women’s health lens to. (shrink)

Globally, one in eight people lacks access to potable water; more people die from unsafe drinking water than from all forms of violence, including war. A substantial body of research documents that the privatization of water – led by global financial institutions working in collusion with governments and corporations – does not lead to more people gaining access to safe water. In fact, the opposite is true: privatization leads to both higher cost and lower quality water. For the past century, (...) the dominant focus of transnational organizing has been “from the West to the rest,” and the frequent attention to movements in the global North has led to the neglect of transnational linkages between movements. Drawing on fieldwork conducted on three right to water movements that span three continents, this paper examines effortsto reclaim the water commons,and how struggles have been driven by grassroots movements demanding that democracy, transparency, and the human right to water are prioritized over corporate profit. As feminist scholars have pointed out, the “standpoint” offered by marginalized actors offers important insights into the operation of systems of power and the strategies of survival and resistance that less powerful actors adopt in order to survive and thrive. This paper explores how transnational movements around water and other basic rights engage with and learn from each other. (shrink)

BackgroundReturning neuroimaging incidental findings may create a challenge to research participants’ health literacy skills as they must interpret and make appropriate healthcare decisions based on complex radiology jargon. Disclosing IF can therefore present difficulties for participants, research institutions and the healthcare system. The purpose of this study was to identify the extent of the health literacy challenges encountered when returning neuroimaging IF. We report on findings from a retrospective survey and focus group sessions with major stakeholders involved in disclosing IF.MethodsWe (...) surveyed participants who had received a radiology report from a research study and conducted focus groups with participants, parents of child participants, Institutional Review Board members, investigators and physicians. Qualitative thematic analyses were conducted using standard group-coding procedures and descriptive summaries of health literacy scores and radiology report outcomes are examined.ResultsAlthough participants reported high health literacy skills, 67 % did not seek medical care when recommended to do so; and many participants in the focus groups disclosed they could not understand the findings described in their report. Despite their lack of understanding, participants desire to have information about their radiology results, and the investigators feel ethically inclined to return findings.ConclusionsThe language in clinically useful radiology reports can create a challenge for participants’ health literacy skills and has the potential to negatively impact the healthcare system and investigators conducting imaging research. Radiology reports need accompanying resources that explain findings in lay language, which can help reduce the challenge caused by the need to communicate incidental findings. (shrink)

The “headscarf affair,” Muslim girls wearing veils to school, has generated a storm of controversy in France. This study uses the headscarf affair to explore Muslim immigrant women's views of their place in French society and reveals that even those who disagree with French public opinion often invoke arguments that are more French than North African. Interviews with 41 North African women show that younger, well-educated women defend the headscarf as a matter of personal liberty and cultural expression. Older, poorly (...) educated women either defend or reject the veil but never discuss the issue of secularism. In dismissing the veil, they rely on a different understanding of Muslim womanhood. A third group opposes the veil, arguing that the goal of school is integration. Respondents' answers are interpreted according to structural factors and cultural repertoires, both North African and French. (shrink)

The disciplines of ethics, science, and the law often conflict when it comes to determining the limits and boundaries of embryo research. Under current Australian law and regulations, and in various other jurisdictions, research conducted on the embryo in vitro is permitted up until day fourteen, after which, the embryo must be destroyed. Reproductive technology and associated research is rapidly advancing at a rate that contests current societal and ethical limits surrounding the treatment of the embryo. This has brought about (...) the question of the adequacy of the fourteen-day rule and whether it is necessary for it be reconsidered and reformed. This paper will highlight some of the tensions that exist in ethics, science, and the law in relation to the extension of the rule. It will be concluded that any move to extend the rule must be accompanied by close consultation with the public as the ultimate stakeholders in how the future of reproductive technology is created, constructed, and contested. (shrink)

Reading is one of the most common everyday activities, yet research elucidating how affective influence reading processes and outcomes is sparse with inconsistent results. To investigate this question, we randomly assigned participants (N = 136) to happiness (positive affect), sadness (negative affect), and neutral video-induction conditions prior to engaging in self-paced reading of a long, complex science text. Participants completed assessments targeting multiple levels of comprehension (e.g. recognising factual information, integrating different textual components, and open-ended responses of concepts from memory) (...) after reading and after a week-long delay. Results indicated that the Sadness (vs. Happiness) condition had higher comprehension scores, with the largest effects emerging for assessments targeting deeper levels comprehension immediately after reading. Eye-tracking analyses revealed that such benefits may be partly driven by sustained attentional focus over the 20-minute reading session. We discuss results with respect to theories on affect, cognition, and text comprehension. (shrink)

Human development takes place in a social context. Two pervasive sources of social information are faces and hands. Here, we provide the first report of the visual frequency of faces and hands in the everyday scenes available to infants. These scenes were collected by having infants wear head cameras during unconstrained everyday activities. Our corpus of 143 hours of infant-perspective scenes, collected from 34 infants aged 1 month to 2 years, was sampled for analysis at 1/5 Hz. The major finding (...) from this corpus is that the faces and hands of social partners are not equally available throughout the first two years of life. Instead, there is an earlier period of dense face input and a later period of dense hand input. At all ages, hands in these scenes were primarily in contact with objects and the spatio-temporal co-occurrence of hands and faces was greater than expected by chance. The orderliness of the shift from faces to hands suggests a principled transition in the contents of visual experiences and is discussed in terms of the role of developmental gates on the timing and statistics of visual experiences. (shrink)

This paper defines and analyzes the processes of “othering” as they manifest in the practice and praxis of nursing education. Othering is bound up in the establishment and reinforcement of norms, and shores up power inequities that negatively impact faculty, students, and patients. While previous analyses have addressed othering in nursing more broadly, this paper adds a consideration of the multiple processes of othering that operate within the context of nursing education spaces. Cases from recent nursing education literature are interpreted (...) through the frameworks of exclusionary, inclusionary, and structural othering, and provide specific illustrations of the concepts described. The paper concludes by arguing for an application of norm‐critical pedagogical practice to counteract, disrupt and dismantle othering processes within nursing education. (shrink)

Results: We analyzed 1,402 surveys and 15 in-depth interviews. Many (32%) CL participants reported greater difficulty refilling medications and a minority (14%) reported greater difficulty accessing HIV care during the pandemic. Most (99%) Opt4Mamas participants reported no difficulty refilling medications or accessing HIV/pregnancy care. Among the CL participants, older women were less likely (aOR = 0.95, 95% CI: 0.92–0.98) and women with more children were more likely (aOR = 1.13, 95% CI: 1.00–1.28) to report difficulty refilling medications. Only 2% of (...) CL participants reported greater difficulty managing FP and most (95%) reported no change in likelihood of using FP or desire to get pregnant. Qualitative analysis revealed three major themes: (1) adverse organizational/economic implications of the pandemic, (2) increased importance of pregnancy prevention during the pandemic, and (3) fear of contracting COVID-19. (shrink)

Across the globe, our work and social lives are increasingly integrated with Information and Communication Technologies, yet massive disparities in the values, uses and benefits of ICT exist. New methods are needed to shed light on unique and integrative concepts of ICT across cultures. This paper explores the use of visual methods to facilitate critical engagement with ICT—defined as situational awareness, reflexive ICT practice and power and control over ICT. This definition of critical ICT engagement is informed by a cultural (...) identity lens, and intends to improve participatory methods in ICT for Development and community technology design and application. Our notion of critical ICT engagement is developed through an analysis of three case studies, each employing visual methods to shed light on concepts and practices of ICT cross-culturally. This paper makes three contributions to the ICT4D literature. First, it establishes a cultural identity lens to chart out cultural differences between researchers and participants, and to develop situational awareness of ICT in context. Second, it defines the conceptual domain of reflexive ICT practice and establishes the key role of researchers in facilitating it. Third, it argues for the need to support participants to develop capacity to engage critically with ICT as a means to influence social and organizational structures. This paper offers a way for researchers and practitioners to engage with cultural issues in community-based research and design using visual methodologies. (shrink)

The desire to maintain current beliefs can lead individuals to evaluate contrary evidence more critically than consistent evidence. We test whether priming individuals’ scientific reasoning...

How do children acquire beliefs from testimony? In this chapter, we discuss children's trust in testimony, their sensitivity to and use of defeaters, and their appeals to positive reasons for trusting what other people tell them. Empirical evidence shows that, from an early age, children have a tendency to trust testimony. However, this tendency to trust is accompanied by sensitivity to cues that suggest unreliability, including inaccuracy of the message and characteristics of the speaker. Not only are children sensitive to (...) evidence of unreliability, but they are also sensitive to the positive reasons a speaker may have for the reliability of their testimony. This evidence is discussed in relation to reductivist and non-reductivist viewpoints. (shrink)

In response to the increasing number of mentally ill people experiencing homelessness, some policy‐makers have called for the expanded use of involuntary commitment, even for individuals who are not engaging in behaviors that are immediately life‐threatening. Yet there is no evidence that involuntary commitment offers long‐term benefits, and significant reasons to believe that expanding the practice will cause harm. In addition, these proposals ignore research showing that most people with mental illness have the capacity to make medical decisions for themselves. (...) Rather than expanding the use of involuntary commitment, policy‐makers should support approaches proven to decrease the prevalence of homelessness, such as supportive housing. In addition, states should reevaluate their commitment standards for persons who pose no risk of harm to others. One promising approach is Northern Ireland's Mental Health Capacity Act of 2016, which establishes a uniform standard for imposing nonconsensual health care interventions, without any distinction between mental illnesses and other conditions in which capacity might be compromised. (shrink)

This paper presents a discussion of an apparent inconsistency between Hume's moral theory and his moral evaluations of historical characters in his History of England. While Hume considers enthusiasm to be a religious vice, he praises the characters of some historical enthusiasts, blames others, and regards enthusiasm as having a positive social effect. But according to Hume's moral theory, only a virtue can have positive social effect, or be praiseworthy. The paper refers to the inconsistency between the History and the (...) moral theory as the ‘enthusiasm puzzle’. The paper concludes by explaining the inconsistency as being rooted in a problem with Hume's moral theory. (shrink)

BackgroundUniversal standards for bioethics, including the tenet of informed consent, should be upheld in the setting of humanitarian medical missions. The obstacles to obtaining informed consent in the global health setting have been thoroughly discussed in the literature, but no studies have investigated these issues from the patient’s perspective. We sought to understand the patient’s experience of the consent process during a four-week surgical mission to Haiti.MethodsAll patients selected for surgery during a mission to Hinche, Haiti, were invited to participate (...) in a survey assessing communication between them and their physicians, their understanding of the surgical procedure, and their desire for information during the consent process. Complete data were collected from 55 patients.ResultsUnderstanding a basic explanation of surgery and the associated risks was important to 98% of Haitian surgical patients, and 96% reported the desire for extensive risk communication. All patients felt that they sho... (shrink)

Philosophers of science are well aware that theories are underdetermined by data. But what about the data? Scientific data are selected and processed representations or pieces of nature. What is useless context and what is valuable specimen, as well as how specimens are processed for study, are not obvious or predetermined givens. Instead, they are decisions made by scientists and other research workers, such as technicians, that produce different outcomes for the data. Vertebrate fossils provide a revealing case of this (...) data-processing, because they are embedded in rock that often matches the fossils’ color and texture, requiring an expert eye to judge where the fossil/context interface is. Fossil preparators then permanently define this interface by chiseling away the material they identify as rock. As a result, fossil specimens can emerge in multiple possible forms depending on the preparator’s judgment, skill, and chosen tools. A prepared fossil then is not yet data but potential data, following Leonelli’s relational framework in which data are defined as evidence that scientists have used to support a proposed theory. This paper draws on ethnographic evidence to assess how scientists overcome this underdetermination of specimens, as potential data, in addition to the underdetermination of theories and of data, to successfully construct specimen-based knowledge. Among other strategies, paleontology maintains a division of labor between data-makers and theory-makers. This distinction serves to justify the omission of preparators’ nonstandard, individualized techniques from scientific publications. This separation has benefits for both scientists and technicians; however, it restricts knowledge production by preventing scientists from understanding how the pieces of nature they study were processed into researchable specimens. (shrink)

This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.

In the United States, social media organizations are not legally liable for what users do or say on their platforms and are free to regulate expression in any way they see fit. As a result, dark co...

Detailed and in-depth investigation of the important but often unappreciated work done by science technicians, in this case in the context of paleontology.

Design bioethics provides a promising framework for incorporating technological design into bioethics research and education. Beyond the development of digital empirical tool...

My mother died within the first few months of the pandemic. Her sudden and rapid decline from Alzheimer's disease is difficult to separate from the COVID-19 restrictions put in place by her nursing home just two months prior. We went from visiting her daily to not at all, then to a strictly enforced twenty-minute hospice visit to say goodbye. After her passing, and still amidst the pandemic, I could not write. The conventional methods and outputs of bioethics inquiry felt impossible.Making (...) art is the only thing that felt possible then. Perhaps that's the function of art, to make things feel more possible. I began by collecting materials from work—package inserts, empty prescription bottles and gelatin capsules—to... (shrink)

The authors of the articles in this issue of The Journal of Medicine and Philosophy address a wide variety of topics, from definitions of disease to bioenhancement. Each author, however, draws out the importance of careful use of language. Over the years, philosophers of medicine and bioethicists have debated questions such as what qualifies something as a disease, whether disease language is evaluative, whether the term “person” encompasses more than just human beings, and what language ought to be used to (...) best convey complex information to patients. Among a great deal of disagreement on these topics, one thing emerges distinctly: that clarity and careful attention to language is paramount in medicine. The articles in this issue contribute to that conversation, presenting complex arguments and illustrative examples of why it is so important to use clear and well-defined terms in medicine, and of the reality-altering power that our language carries. (shrink)

The purpose of this paper is to examine the linkages and relationships between the officially prescribed school ethos and that which emerges from social interaction. Qualitative data drawn from one Grant-Maintained-Integrated and one Catholic primary school in Northern Ireland show how school ethos, defined as the observed practices and interactions of school members, often departs considerably from school ethos defined as those values and beliefs which the school officially supports. On the basis of the data it is argued that much (...) of what we understand of school ethos is superficial and contradictory. With this in mind the paper concludes by presenting a new angle on ethos which, when taken in conjunction with the other perspectives, further enhances our understanding of how schools work. (shrink)

A research community must share assumptions, such as about accepted knowledge, appropriate research practices, and good evidence. However, community members also hold some divergent assumptions, which they—and we, as analysts of science—tend to overlook. Communities with different assumed values, knowledge, and goals must negotiate to achieve compromises that make their conflicting goals complementary. This negotiation guards against the extremes of each group’s desired outcomes, which, if achieved, would make other groups’ goals impossible. I argue that this diversity, as a form (...) of value pluralism, regularly influences scientific practice and can make scientific evidence and knowledge more useful and more reliable. As an example, I examine vertebrate paleontology laboratories, which house a variety of workers with different training and priorities, particularly about the meaning of time. Specifically, scientists want to study fully prepared fossils immediately, conservators want to preserve fossils for future use, and preparators mediate between the other groups’ conflicting goals. After all, one cannot study a fossil encased in rock, and one cannot remove that rock without removing information from that specimen. In response, these coworkers articulate their assumptions in everyday deliberations about how scientific evidence should be made and used. I argue that this exchange of assumptions is crucial for a research community to achieve mutually beneficial compromises that benefit current and future knowledge construction. (shrink)

The amygdala is a key brain area regulating responses to stress and emotional stimuli, so improving our understanding of how it is regulated could offer novel strategies for treating disturbances in emotion regulation. As we review here, a growing body of evidence indicates that the gut microbiota may contribute to a range of amygdala-dependent brain functions from pain sensitivity to social behavior, emotion regulation, and therefore, psychiatric health. In addition, it appears that the microbiota is necessary for normal development of (...) the amygdala at both the structural and functional levels. While further investigations are needed to elucidate the exact mechanisms of microbiota-to-amygdala communication, ultimately, this work raises the intriguing possibility that the gut microbiota may become a viable treatment target in disorders associated with amygdala dysregulation, including visceral pain, post-traumatic stress disorder, and beyond. Also see the video abstract here: https://youtu.be/O5gvxVJjX18 The amygdala plays a central role in regulating many aspects of behavior in rodents and humans, from pain responding to social interaction and psychiatric function. Accumulating evidence suggests microbiota-to-amygdala communication along the gut-brain axis is a key modulator of these amygdala-dependent behaviors, with critical implications for health and disease. (shrink)

In this paper, Caitlin Murphy Brust and Rebecca Taylor examine the responsibilities of college educators to resist conditions of epistemic injustice within their institutions. Pedagogy alone cannot bring about epistemic justice in higher education, for no individual epistemic agent can single-handedly transform their epistemic environment. The roots of such injustices are structural and thus require structural interventions. However, college educators do retain some agency to engage in epistemic resistance. Brust and Taylor argue that they can and should take steps (...) to foster just relations within the epistemic communities of their classrooms — calling for pedagogy that both recognizes the unjust features of the broader epistemic environment and responds to the unique forms of epistemic injustice that manifest in the classroom, with particular attention to seminar-style courses. (shrink)

Despite being neighbouring countries, Bolivia and Argentina appear to be a world apart in terms of economics, international relations, and women’s rights. Historically, women’s rights have been fairly similar in both countries, but while one country seemingly made “progress,” the other country appeared to be stagnating. By exploring violence against women, and the current state of contraception and abortion laws it becomes apparent that “progress” does not necessarily bring about social change.