It is widely held that individuals who are unable to provide informed consent should be enrolled in clinical research only when the risks are low, or the research offers them the prospect of direct benefit. There is now a rich literature on when the risks of clinical research are low enough to enroll individuals who cannot consent. Much less attention has focused on which benefits of research participation count as ‘direct’, and the few existing accounts disagree over how this crucial (...) concept should be defined. This disagreement raises concern over whether those who cannot consent, including children and adults with severe dementia, are being adequately protected. The present paper attempts to address this concern by considering first what additional protections are needed for these vulnerable individuals. This analysis suggests that the extant definitions of direct benefits either provide insufficient protection for research subjects or pose excessive obstacles to appropriate research. This analysis also points to a modified definition of direct benefits with the potential to avoid these two extremes, protecting individuals who cannot consent without blocking appropriate research. (shrink)

This study explores the reflective processes of Scottish artist, Norman Gilbert, as he created twenty-five drawings depicting his wife, Pat Gilbert, as she lay dying following an Alzheimer’s-related stroke. Norman, ninety-one, had drawn Pat regularly over their sixty-five-year marriage. One week after Pat died, Norman was interviewed by a family friend to chronicle his reflections on the drawings. The drawings along with the interview transcript are analyzed qualitatively as a case study. Norman’s Hospital Drawings of Pat transform what was initially (...) a private experience into a shared comprehension of end of life and bereavement. (shrink)

Because idealizations frequently advance scientific understanding, many claim that falsehoods play an epistemic role. In this paper, we argue that these positions greatly overstate idealiza...

Under what conditions does machine learning (ML) model opacity inhibit the possibility of explaining and understanding phenomena? In this article, I argue that nonepistemic values give shape to the ML opacity problem even if we keep researcher interests fixed. Treating ML models as an instance of doing model-based science to explain and understand phenomena reveals that there is (i) an external opacity problem, where the presence of inductive risk imposes higher standards on externally validating models, and (ii) an internal opacity (...) problem, where greater inductive risk demands a higher level of transparency regarding the inferences the model makes. (shrink)

Our view is that the folk concept of knowing how is more complicated than many epistemologists assume. We present four studies that go some way towards supporting our view—that the folk concept of knowledge-how is a philosophical hybrid, comprising both intellectualist and anti-intellectualist features. One upshot is, if we are going to award a presumptive status to philosophical theories of know-how that best accord with the folk concept, it ought to go to those that combine intellectualist and anti-intellectualist elements.

Cognitive science is shamelessly materialistic. It maintains that human beings are nothing more than complex physical systems, ultimately and completely explicable in mechanistic terms. But this conception of humanity does not ?t well with common sense. To think of the creatures we spend much of our day loving, hating, admiring, resenting, comparing ourselves to, trying to understand, blaming, and thanking -- to think of them as mere mechanisms seems at best counterintuitive and unhelpful. More often it may strike us as (...) ludicrous, or even abhorrent. We are. (shrink)

Some people oppose abortion on the grounds that fetuses have full moral status and thus a right to not be killed. We argue that special obligations that hold between mother and fetus also hold between parents and their children. We argue that if these special obligations necessitate the sacrifice of bodily autonomy in the case of abortion, then they also necessitate the sacrifice of bodily autonomy in the case of organ donation. If we accept the argument that it is obligatory (...) to override a woman’s bodily autonomy for the sake of an unborn child’s survival, we must continue to override the bodily autonomy of parents to ensure the survival of their living children, until the parent no longer has a special obligation to their child to the same degree as their special obligation to the fetus. And if the life of a child is truly more important than the bodily autonomy of its parents, as must be the case to force women to carry unwanted pregnancies to term, this should remain true until such a time that their children are no longer considered their responsibility. Thus, parity of reasoning suggests that policies compelling the gestation of a fetus should be accompanied by policies compelling organ donation. (shrink)

Payment to recruit research subjects is a common practice but raises ethical concerns relating to the potential for coercion or undue influence. We conducted the first national study of IRB members and human subjects protection professionals to explore attitudes as to whether and why payment of research participants constitutes coercion or undue influence. Upon critical evaluation of the cogency of ethical concerns regarding payment, as reflected in our survey results, we found expansive or inconsistent views about coercion and undue influence (...) that may interfere with valuable research. In particular, respondents appear to believe that coercion and undue influence lie on a continuum; by contrast, we argue that they are wholly distinct: whereas undue influence is a cognitive distortion relating to assessment of risks and benefits, coercion is a threat of harm. Because payment is an offer, rather than a threat, payment is never coercive. (shrink)

It's well-known that Kant believed that intuition was central to an account of mathematical knowledge. What that role is and how Kant argues for it are, however, still open to debate. There are, broadly speaking, two tendencies in interpreting Kant's account of intuition in mathematics, each emphasizing different aspects of Kant's general doctrine of intuition. On one view, most recently put forward by Michael Friedman, this central role for intuition is a direct result of the limitations of the syllogistic logic (...) available to Kant. On this view, Kant's reasons for introducing intuition are taken to be logical or mathematical, rather than philosophical. The other tendency, which I shall try to develop here, emphasizes an epistemological or phenomenological role for intuition in mathematics arising out of what may loosely be called Kant's ‘antiformalism.’This paper, which focuses specifically on the case of geometry, falls into two parts. First, I consider Kant's discussion of intuition in the Metaphysical Exposition of the concept of space. (shrink)

In this chapter, we address the roles that exemplars might play in a comprehensive response to epistemic injustice. Fricker defines epistemic injustices as harms people suffer specifically in their capacity as (potential) knowers. We focus on testimonial epistemic injustice, which occurs when someone’s assertoric speech acts are systematically met with either too little or too much credence by a biased audience. Fricker recommends a virtue­theoretic response: people who do not suffer from biases should try to maintain their disposition towards naive (...) testimonial justice, and those who find themselves already biased should cultivate corrective testimonial justice by systematically adjusting their credence in testimony up or down depending on whether they are hearing from someone whom they may be biased against or in favor of. We doubt that the prominent admiration­emulation model of exemplarism will be much use in this connection, so we propose two ways of learning from negative exemplars to better conduct one’s epistemic affairs. In the admiration­emulation model, both the identification of what a virtue is and the cultivation of virtues identified thusly proceed through the admiration of virtuous exemplars. We show that this model has serious flaws and argue for two alternatives: the envy­agonism model and the ambivalence­avoidance model. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kant on the Method of MathematicsEmily Carson1. INTRODUCTIONThis paper will touch on three very general but closely related questions about Kant’s philosophy. First, on the role of mathematics as a paradigm of knowledge in the development of Kant’s Critical philosophy; second, on the nature of Kant’s opposition to his Leibnizean predecessors and its role in the development of the Critical philosophy; and finally, on the specific role of intuition (...) in Kant’s philosophy of mathematics. One of the points that I want to make is that recognizing the importance of these first two issues is essential to giving an adequate account of the third. That is, only by appreciating how Kant uses the example of mathematical knowledge, and in particular the objections he had to previous accounts of such knowledge, can we understand the philosophical role that he ascribes to intuition in his own account of mathematics.I don’t propose to explain the details of Kant’s philosophy of mathematics, but rather to compare his views on mathematics in the pre-Critical Prize Essay of 1764 to those of the Critique of Pure Reason, with the aim of showing how Kant’s doctrine of construction in pure intuition arises out of a combination of two factors: first, his attempt to ground the distinction between the respective methods of mathematics and philosophy, and second, his concern to defend the reality of mathematical knowledge against the views of those he called ‘the metaphysicians.’ The first factor demands an account of the certainty of mathematics, the second requires an account of its content. I shall argue that there is a possible conflict between Kant’s accounts of these features in the Prize Essay, a possibility which is finally ruled out only by means of the Critical doctrine of pure intuition. So I hope to show that there is a significant philosophical role for intuition in Kant’s account of mathematical knowledge (over and above the more logical role attributed to it on readings [End Page 629] such as those of Friedman, Beth, and Hintikka1) in reconciling the content of mathematics and its certainty.2. THE MATHEMATICIANS VS. THE METAPHYSICIANSThroughout his early writings, Kant appealed to the evidence and certainty of mathematics; his attitude towards metaphysics, however, underwent a dramatic shift. In the Physical Monadology of 1756, Kant asked how metaphysics and geometry can be united,[f] or the former peremptorily denies that space is infinitely divisible, while the latter, with its usual certainty, asserts that it is infinitely divisible. Geometry contends that empty space is necessary for free motion, while metaphysics hisses the idea off the stage. Geometry holds universal attraction or gravitation to be hardly explicable by mechanical causes but shows that it derives from the forces which are inherent in bodies at rest and which act at a distance, whereas metaphysics dismisses the notion as an empty delusion of the imagination [1:475–6].2He attempted in this work to reconcile the respective positions of metaphysics and geometry regarding infinite divisibility, thereby demonstrating that “it is neither the case that the geometer is mistaken nor that the opinion to be found among metaphysicians deviates from the truth” [1:480]. But in a series of works from 1762–3, Kant reveals a markedly different attitude towards metaphysics. For example, in “The only possible argument in support of a demonstration of the existence of God,” Kant says:the mania for method and the imitation of the mathematician, who advances with a sure step along a well-surfaced road, have occasioned a large number of such mishaps on the slippery ground of metaphysics. These mishaps are constantly before one’s eyes, but there is little hope that people will be warned by them, or that they will learn to be more circumspect as a result [2:71].In contrast, Kant describes the geometer as uncovering “with the greatest certainty” the most secret properties of that which is extended [2:70]. But the less conciliatory attitude to metaphysics comes out most clearly in Kant’s actual procedure in “The only possible argument.” In the Seventh Reflection, he presents an attempt to explain the origin of... (shrink)

Trust makes cooperation possible. It enables us to learn from others and at a distance. It makes democratic deliberation possible. But it also makes us vulnerable: when we place our trust in another’s word, we are liable to be deceived—sometimes intentionally, sometimes unintentionally. Our evolved mechanisms for deciding whom to trust and whom to distrust mostly rely on face-to-face interactions with people whose reputation we can both access and influence. Online, these mechanisms are largely useless, and the institutions that might (...) supplant them need to have their own trustworthiness verified. Currently, those institutions are mostly corporations such as Facebook and Twitter, which have checkered track records at best. To make matters worse, the social media sector is a natural monopoly, and companies like Facebook have shown that they are willing to use their market power unscrupulously. For these reasons, we argue that social media should be treated like other natural monopolies: it should either be nationalized, highly regulated, or broken up through antitrust legal actions. (shrink)

This book draws its inspiration from Hilbert, Wittgenstein, Cavaillès and Lakatos and is designed to reconfigure contemporary philosophy of mathematics by making the growth of knowledge rather than its foundations central to the study of mathematical rationality, and by analyzing the notion of growth in historical as well as logical terms. Not a mere compendium of opinions, it is organised in dialogical forms, with each philosophical thesis answered by one or more historical case studies designed to support, complicate or question (...) it. The first part of the book examines the role of scientific theory and empirical fact in the growth of mathematical knowledge. The second examines the role of abstraction, analysis and axiomatization. The third raises the question of whether the growth of mathematical knowledge constitutes progress, and how progress may be understood. Readership: Students and scholars concerned with the history and philosophy of mathematics and the formal sciences. (shrink)

Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.

What do humility, intellectual humility, and open-mindedness mean in the context of inter-group conflict? We spend most of our time with ingroup members, such as family, friends, and colleagues. Yet our biggest disagreements —— about practical, moral, and epistemic matters —— are likely to be with those who do not belong to our ingroup. An attitude of humility towards the former might be difficult to integrate with a corresponding attitude of humility towards the latter, leading to smug tribalism that masquerades (...) as genuine virtue. These potentially conflicting priorities have recently come to the fore because “tribal epistemology” has so thoroughly infected political and social discourse. Most research on these dispositions focuses on individual traits and dyadic peer-disagreement, with little attention to group membership or inter-group conflict. In this chapter, we dilate the social scale to address this pressing philosophical and social problem. (shrink)

This article contributes to a growing conversation about the role of numbers in promoting gendered agendas in potentially contradictory ways. Drawing from interviews with gender advisors—the professionals tasked with mainstreaming gender in development projects—in an East African country, I begin from the paradox that gender advisors articulate a strong preference for qualitative data to best capture the lives of the women they aim to assist while voicing a need for quantitative metrics. I demonstrate that gender advisors come to imagine metrics (...) as expeditious bureaucratic tools able to inspire cooperation from otherwise reluctant coworkers. I argue that development organizations are gendered in ways—acutely seen in how advisors struggle, are sidelined, and attempt to advance their goals with numbers—that lead to the utility of valuing quantitative metrics over qualitative ones. I establish two theoretical contributions: Gendered organizations theory is essential to understanding the adoption and globalization of performance metrics, and in an age of evidence-based decision making, the utility of quantified data to garner resources is heightened, rewarding those who adopt quantified knowledge production. I coin the term “the paradox of quantified utility” to describe how these material advantages encourage even skeptics to value quantitative metrics. (shrink)

Exploring the intimate tie between body movement and space and time, Lee begins with the position that body movement generates space and time and explores the ethical implications of this responsibility for the situations one’s body movements generate. Whiteness theory has come to recognize the ethical responsibility for situations not of one’s own making and hence accountability for the results of more than one’s immediate personal conscious decisions. Because of our specific history, whites have developed a particular embodiment and body (...) movement that generates places that can only be characterized as more comfortable and more enabling to whites. (shrink)

To ensure that the information resulting from research is relevant to patients, the Patient‐Centered Outcomes Research Institute eschews the “traditional health research” paradigm, in which investigators drive all aspects of research, in favor of one in which patients assume the role of research partner. If we accept the premise that patient engagement can offer fresh perspectives that shape research in valuable ways, then at least two important sets of questions present themselves. First, how are patients being engaged—and how should they (...) be engaged? Second, which patients are being engaged—and which patients should be? This set has received relatively less attention, and the neglect is surprising, given that the “who” question is conceptually prior to the question of “how.”This article focuses attention on the “who” of patient engagement in research. First, we provide background on the rationale for patient engagement, underscoring the importance of ensuring the representativeness of engaged patients. Second, we present what little is known about patients engaged in PCORI‐funded research. Third, we identify and discuss the ethical implications of ways in which current practices of patient identification and recruitment may lead to a lack of representativeness. These practices include reliance on the well‐connected and well‐informed, reliance on patients who are not well trained or well‐informed, and reliance on patient advocacy organizations. Finally, we consider several strategies for addressing these pitfalls in order to maximize the positive goals of patient engagement. Patient engagement is intended to address the inability of researchers, funders, and others to fully represent patient views and priorities, but without sufficient attention, the patients selected for this role may still leave important gaps. (shrink)

In the context of debates about what form a theory of meaning should take, it is sometimes claimed that one cannot understand an intersective modifier-head construction (e.g., ‘pet fish’) without understanding its lexical parts. Neo-Russellians like Fodor and Lepore contend that non-denotationalist theories of meaning, such as prototype theory and theory theory, cannot explain why this is so, because they cannot provide for the ‘reverse compositional’ character of meaning. I argue that reverse compositionality is a red herring in these debates. (...) I begin by setting out some positive arguments for reverse compositionality and showing that they fail. Then I show that the principle of reverse compositionality has two big strikes against it. First, it is incompatible with all theories of meaning on the market, including the denotationalism favored by neo-Russellians. Second, it explains nothing that is not already explained by its venerable predecessor, the principle of (forward) compositionality. (shrink)

This essay explores how the distinctively anthropological concept of culture provides uniquely valuable insights into the workings of science in its cultural context. Recent efforts by anthropologists to dislodge the traditional notion of culture as a homogenous, stable whole have opened up a variety of ways of imagining culture that place power differentials, flux, and contradiction at its center. Including attention to a wide variety of social domains outside the laboratory, attending to the ways nonscientists actively engage with scientific knowledge, (...) and focusing on the complex interactions that flow both into and out of research laboratories are ways the activities of both scientists and nonscientists can be situated in the heterogeneous matrtx of culture. Three images—the citadel, the rhizome, and the string figure—allow us to picture the discontinuous ways science both permeates and is permeated by cultural life. (shrink)

Introspection admits of several varieties, depending on which types of mental events are introspected. I distinguish three kinds of introspection (primary, secondary, and tertiary) and three explanations of the general capacity: the inside access view, the outside access view, and the hybrid view. Drawing on recent evidence from clinical and developmental psychology, I argue that the inside view offers the most promising account of primary and secondary introspection.

A common approach to explaining the perception of form is through the use of static features. The weakness of this approach points naturally to dynamic definitions of form. Considering dynamical form, however, leads inevitably to the need to explain how events are perceived as time-extended—a problem with primacy over that even of qualia. Optic flow models, energy models, models reliant on a rigidity constraint are examined. The reliance of these models on the instantaneous specification of form at an instant, t, (...) or across a series of such instants forces the consideration of the primary memory supporting both the perception of time-extended events and the time-extension of consciousness. This cannot be reduced to an integration over space and time. The difficulty of defining the basis for this memory is highlighted in considerations of dynamic form in relation to scales of time. Ultimately, the possibility is raised that psychology must follow physics in a more profound approach to time and motion. (shrink)

Madison Kilbride recently argued that insurance ) should cover in vitro fertilisation with preimplantation genetic testing services for couples at high risk of having a child affected with a genetic condition. She argues that IVF-PGT meets CMS’s definition of ‘medically necessary care’, where such care includes ‘services or supplies needed to diagnose or treat an illness, injury, condition, disease or its symptoms’. Kilbride argues that IVF-PGT satisfies this definition in two ways: as a diagnostic tool and as a treatment. Contradicting (...) Kilbride, however, I argue that IVF-PGT provides neither diagnosis nor treatment under CMS’s definition. Thus, as long as we accept CMS’s definition of medically necessary care—which Kilbride does, explicitly—it follows that IVF-PGT does not count as medically necessary care. Still, there may be other reasons to conclude that IVF-Preimplantation genetic testing should be covered, and so, it would be a mistake to reject Kilbride’s conclusion altogether. The problem is simply that Kilbride’s argument—that the procedure should be covered because it is medically necessary per CMS’s definition—is not sound. I conclude by discussing a number of other genetic services that are not currently being covered despite the fact that they do seem to satisfy CMS’s definition of ‘medically necessary diagnosis or treatment’. These services, I argue, should be provided under CMS before we consider expanding coverage to include elective procedures such as IVF-PGT. (shrink)

Within Piaget there is an implicit theory of the development of explicit memory. It rests in the dynamical trajectory underlying the development of causality, object, space and time – a complex (COST) supporting a symbolic relationship integral to the explicit. Cassirer noted the same dependency in the phenomena of aphasias, insisting that a symbolic function is being undermined in these deficits. This is particularly critical given the reassessment of Piaget’s stages as the natural bifurcations of a self-organizing dynamic system. The (...) elements of a theoretical framework required to support explicit memory are developed, to include, (1) the complex developmental trajectory supporting the emergence of the explicit in Piaget, (2) the concrete dynamical system and the concept of a non-differentiable time contained in Bergson’s theory required to support a conscious, as opposed to an implicit remembrance, (3) the relation to current theories of amnesia, difficulties posed by certain retrograde amnesic phenomena, the role of the hippocampus and limitations of connectionist models, (4) the fact that nowhere in this overall framework does the loss of explicit memory imply or require the destruction of experience “stored in the brain.”. (shrink)

The Cartesian method, construed as a way of organizing domains of knowledge according to the "order of reasons," was a powerful reductive tool. Descartes made significant strides in mathematics, physics, and metaphysics by relating certain complex items and problems back to more simple elements that served as starting points for his inquiries. But his reductive method also impoverished these domains in important ways, for it tended to restrict geometry to the study of straight line segments, physics to the study of (...) ambiguously constituted bits of matter in motion, and metaphysics to the study of the isolated, incorporeal knower. This book examines in detail the negative and positive impact of Descartes's method on his scientific and philosophical enterprises, exemplified by the Geometry, the Principles, the Treatise of Man, and the Meditations. (shrink)

In Physics 2.4–6, Aristotle offers an account of things that happen “by luck” and “spontaneously”. Many of these things are what we might think of as “lucky breaks”: cases where things go well for us, even though we don’t expect them to. In Physics 2.5, Aristotle illustrates this idea with the case of a man who goes to the market for some reason unrelated to collecting a debt he is owed. While he is there, this man just so happens to (...) run into his debtor and get his money back—which is what he “wanted” all along. This case has a number of features that have proved puzzling. Most notably, Aristotle seems to think that while “it happened accidentally to him to come and to do this for the sake of getting the money”, nevertheless the man “did not come for the sake of this”—though he “would have”. What must such a proceeding be like to be described in these ways? Physics 2.4–6 makes several important moves towards answering this question. One of them—among the earliest and seemingly a foundational one—is the claim that “for the sake of something are as many things as could be done by thought and by nature”. The aim of this paper is to identify the role that this claim plays in Aristotle’s account of spontaneous proceedings. It defends two main claims. First, Aristotle’s suggestion that spontaneous proceedings could be done by nature and by thought is the product of a more general strategy. His approach is to sketch an intuitive pattern of explanation for proceedings that happen for the sake of something in the ordinary—non-spontaneous—way, and then to try to extend that model to the case of things that do so spontaneously, preserving as much of it as possible. Applying this strategy reveals that whereas nature and thought in fact function as efficient causes of ordinary proceedings that are for the sake of something, this cannot be the case in spontaneous ones. Instead, nature and thought could function as their causes. Second, I argue that Aristotle’s implementation of this strategy is rooted in his account of causation and especially Physics 2.3’s list of “modes” of causes. When he claims that spontaneous proceedings “could” be done by nature and by thought, he is saying that nature and thought are their efficient causes in capacity. In the practical case, spontaneous proceedings are caused by agents who have certain capacities, connected with their desires and abilities. In the right circumstances, these agents would actively exercise those capacities in acting for the sake of a given end. (shrink)

Some accounts of mental content represent the objects of belief as structured, using entities that formally resemble the sentences used to express and report attitudes in natural language; others adopt a relatively unstructured approach, typically using sets or functions. Currently popular variants of the latter include classical and neo-classical propositionalism, which represent belief contents as sets of possible worlds and sets of centered possible worlds, respectively; and property self-ascriptionism, which employs sets of possible individuals. I argue against their contemporary proponents (...) that all three views are ineluctably plagued by generation gaps: they either overgenerate beliefs, undergenerate them, or both. (shrink)

In this issue of the Hastings Center Report, James Sabin and his colleagues ask what responsibility investigators in a learning health organization have to patients when research—particularly research of which patients might be unaware—illuminates problematic aspects of the patients' care. Sabin and his colleagues were confronted by this question in the midst of designing a randomized controlled trial that sought to determine if an educational intervention targeted at patients with atrial fibrillation and their clinicians reduces underuse of oral anticoagulants. Worried (...) about harm that might befall patients in the control group and fearing that they would be negligent bystanders if they knew these patients were at risk and did nothing, the investigators adopted a “workaround.” But the “workaround,” I suggest, was not a solution to the negligent bystander problem. Nor was it a solution to the problem as I would alternatively frame it—how to address instances of suboptimal patient care identified through research within learning health organizations. (shrink)

The equality provision in section 15 of the Canadian Charter of Rights and Freedoms 1982 was drafted with a vision of promoting substantive equality. Following challenges to this vision during the 1990s by a group of conservative Supreme Court judges, the recent judgment of Iacobucci J in Law v Canada (1999) has been welcomed for reasserting section 15's substantive ideal. But despite the effective manner in which the provision was drafted, and despite the recent guidelines set out in Law, interpretations (...) of section 15 must continue to explore the complexities of intersectional inequalities and clarify any reliance on the ambiguous call to ‘human dignity’ if they are to maintain Canada's position near the forefront of progressive approaches to equality law. (shrink)

Through a commentary on the enriching experience of receiving feedback through the Brewing Legal Times author-meets-reader session in February 2018, this piece reflects on the intellectual generosity and scholarly labour that makes such sessions an important form of academic social reproduction.

In this paper I argue that Kant's distinction in the Inaugural Dissertation between the sensible and the intelligible arises in part out of certain open questions left open by his comparison between mathematics and metaphysics in the Prize Essay. This distinction provides a philosophical justification for his distinction between the respective methods of mathematics and metaphysics and his claim that mathematics admits of a greater degree of certainty. More generally, this illustrates the importance of Kant's reflections on mathematics for the (...) development of his Critical philosophy. (shrink)

Proposing and consenting to sex are things that ordinary people manage to do all the time, yet legal regulation of sex seems to be an intractable problem. No one is satisfied with rape law, but no one knows quite what to do about it.

This book deals with a topic that has been largely neglected by philosophers of science to date: the ability to refer and analyze in tandem. On the basis of a set of philosophical case studies involving both problems in number theory and issues concerning time and cosmology from the era of Galileo, Newton and Leibniz up through the present day, the author argues that scientific knowledge is a combination of accurate reference and analytical interpretation. In order to think well, we (...) must be able to refer successfully, so that we can show publicly and clearly what we are talking about. And we must be able to analyze well, that is, to discover productive and explanatory conditions of intelligibility for the things we are thinking about. The book’s central claim is that the kinds of representations that make successful reference possible and those that make successful analysis possible are not the same, so that significant scientific and mathematical work typically proceeds by means of a heterogeneous discourse that juxtaposes and often superimposes a variety of kinds of representation, including formal and natural languages as well as more iconic modes. It demonstrates the virtues and necessity of heterogeneity in historically central reasoning, thus filling an important gap in the literature and fostering a new, timely discussion on the epistemology of science and mathematics. (shrink)

The practice of law has changed greatly since the days when judges based decisions on the maxim salus populi suprema lex, and Oliver Wendell Holmes disagreed, noting that “experience” has been the “life of the law.” In the intervening years, the profession has followed Holmes and the legal realists in recognizing that the law does not exist in a vacuum. It is a human endeavor, molded by experiences and filled with human consequences. Today, lawyers, jurists, and legal scholars everywhere on (...) the political spectrum recognize the importance of social context, history, and a variety of non-legal disciplines, and non-legal insights to the intelligent practice of the law Unfortunately, in rejecting the old maxims, the legal profession also lost sight of the fundamental truth of salus populi suprema lex, Latin for “the health of the people is the highest law” - namely, it has lost sight of the truth that a population’s health is a critical part of law’s social context. One of the consequences of this is that the profession has failed to include public health - the study of the causes and prevention of disease, disability, and death in populations - among the non-legal disciplines regularly incorporated into legal analysis and routinely taught to all would-be lawyers. It is time to correct this oversight. (shrink)

The practice of law has changed greatly since the days when judges based decisions on the maxim salus populi suprema lex, and Oliver Wendell Holmes disagreed, noting that “experience” has been the “life of the law.” In the intervening years, the profession has followed Holmes and the legal realists in recognizing that the law does not exist in a vacuum. It is a human endeavor, molded by experiences and filled with human consequences. Today, lawyers, jurists, and legal scholars everywhere on (...) the political spectrum recognize the importance of social context, history, and a variety of non-legal disciplines, and non-legal insights to the intelligent practice of the law Unfortunately, in rejecting the old maxims, the legal profession also lost sight of the fundamental truth of salus populi suprema lex, Latin for “the health of the people is the highest law” - namely, it has lost sight of the truth that a population’s health is a critical part of law’s social context. One of the consequences of this is that the profession has failed to include public health - the study of the causes and prevention of disease, disability, and death in populations - among the non-legal disciplines regularly incorporated into legal analysis and routinely taught to all would-be lawyers. It is time to correct this oversight. (shrink)

Bergson, writing in 1896, anticipated “sensorimotor contingencies” under the concept that perception is “virtual action.” But to explain the external image, he embedded this concept in a holographic framework where time-motion is an indivisible and the relation of subject/object is in terms of time. The target article's account of qualitative visual experience falls short for lack of this larger framework. [Objects] send back, then, to my body, as would a mirror, their eventual influence; they take rank in an order corresponding (...) to the growing or decreasing powers of my body. The objects which surround my body reflect its possible action upon them. – Henri Bergson (1896/1912, pp. 6–7). (shrink)