Different types of consent are used to obtain human biospecimens for future research. This variation has resulted in confusion regarding what research is permitted, inadvertent constraints on future research, and research proceeding without consent. The National Institutes of Health Clinical Center's Department of Bioethics held a workshop to consider the ethical acceptability of addressing these concerns by using broad consent for future research on stored biospecimens. Multiple bioethics scholars, who have written on these issues, discussed the reasons for consent, the (...) range of consent strategies, and gaps in our understanding, and concluded with a proposal for broad initial consent coupled with oversight and, when feasible, ongoing provision of information to donors. This article describes areas of agreement and areas that need more research and dialogue. Given recent proposed changes to the Common Rule, and new guidance regarding storing and sharing data and samples, this is an important and tim.. (shrink)
HankGreely’s target article, “Human Brain Surrogates Research: The Onrushing Ethical Dilemma” reviews the manifold scientific and ethical questions surrounding models of human brains used i...
Epistemic feelings like tip-of-the-tongue experiences, feelings of knowing, and feelings of confidence tell us when a memory can be recalled and when a judgment was correct. Thus, they appear to be a form of metacognition, but a curious one: they tell us about content we cannot access, and the information is supplied by a feeling. Evaluativism is the claim that epistemic feelings are components of a distinct, primitive metacognitive mechanism that operates on its own set of inputs. These inputs are (...) heuristics that correlate with the presence of mental content that can’t be accessed directly. I will argue that evaluativism is unmotivated, unsupported, and ill-conceived. I will critique the philosophical and empirical arguments for evaluativism and conclude that there is no reason to posit a distinct mechanism to explain epistemic feelings. I will conclude, however, that epistemic feelings may constitute a nonconceptual form of metacognition, which if true is a significant claim. (shrink)
Peter Hanks defends a new theory about the nature of propositional content, according to which the basic bearers of representational properties are particular mental or spoken actions. He explains the unity of propositions and provides new solutions to a long list of puzzles and problems in philosophy of language.
In 1913 Wittgenstein raised an objection to Russell’s multiple relation theory of judgment that eventually led Russell to abandon his theory. As he put it in the Tractatus, the objection was that “the correct explanation of the form of the proposition, ‘A makes the judgement p’, must show that it is impossible for a judgement to be a piece of nonsense. (Russell’s theory does not satisfy this requirement,” (5.5422). This objection has been widely interpreted to concern type restrictions on the (...) constituents of judgment. I argue that this interpretation is mistaken and that Wittgenstein’s objection is in fact a form of the problem of the unity of the proposition. (shrink)
A first-person proposition is a proposition that only a single subject can assert or believe. When I assert ‘I am on fire’ I assert a first-person proposition that only I have access to, in the sense that no one else can assert or believe this proposition. This is in contrast to third-person propositions, which can be asserted or believed by anyone.
Human brain research is moving into a dilemma. The best way to understand how the human brain works is to study living human brains in living human beings, but ethical and legal standards make it d...
Propositions, the abstract, truth-bearing contents of sentences and beliefs, continue to be the focus of healthy debates in philosophy of language and metaphysics. This article is a critical survey of work on propositions since the mid-90s, with an emphasis on newer work from the past decade. Topics to be covered include a substitution puzzle about propositional designators, two recent arguments against propositions, and two new theories about the nature of propositions.
In Hanks I defend a theory of propositions that locates the source of propositional unity in acts of predication that people perform in thought and speech. On my account, these acts of predication are judgmental or assertoric in character, and they commit the speaker to things being the way they are represented to be in the act of predication. This leads to a problem about negations, disjunctions, conditionals, and other kinds of embeddings. When you assert that a is F or (...) b is G you do not assert that a is F, nor do you commit yourself to a’s being F. According to my theory, however, in uttering the disjunction you predicate F of a. What is going on? I account for these cases using the concept of cancellation. In uttering the disjunction, the act of predicating F of a is cancelled, and when an act of predication is cancelled it does not count as an assertion and does not commit the speaker to anything. But what is it for an act of predication to be cancelled? One immediate concern is that cancelled predication won’t provide a unified proposition to be the input to disjunction. In this paper I answer this and related objections by explaining and defending my concept of cancellation. (shrink)
Much of the legal and social interest in new neuroimaging techniques stems from the belief that they can deliver on the materialist understanding of the relationship between the brain and the mind. This article looks at predictions about the future both of scientific advances and of social reactions to those predictions. It looks at the likely technical limits on neuroscience-based mindreading, then at the likely limits in how the law might use such technologies. It describes three kinds of technical barriers (...) to detailed and useful mindreading: the likely impossibility of making a complete and accurate model of a human brain in light of its incredible complexity, the problems of interpersonal and intrapersonal plasticity, and the problem of trying to read, now, someone's past mental state. The potential changes to the operation of the law, through the use of mindreading as evidence of pain, deception, or bias, among other things, could be extremely important. (shrink)
The “paradox of indoctrination” has proven to be a persistent problem in discussions of the cultivation of autonomy through education. In short, if indoctrination means instilling beliefs without reasons, and if children lack the rational capacity to evaluate reasons, how can that capacity be cultivated without indoctrination? Some educational theorists have relied on a transcendental justification of rational autonomy that avoids indoctrination, while others have accepted that some indoctrination is inevitable, focusing instead on defending acceptable forms of indoctrination. In this (...) essay, Chris Hanks draws on a conception of rationality, mind, and nature developed by John McDowell to suggest an alternative understanding of the relation between indoctrination and autonomy. He argues that McDowell’s notion of the “space of reasons” defuses standard debates about indoctrination. Here, rationality is understood in both a naturalistic sense, whereby the development of autonomy is the process of being awakened to the space of reasons, and in a sui generis sense, whereby reason cannot be reduced to mechanistic principles or relations. The implications of this view for education point us to the notion of Bildung as the process that cultivates rational autonomy. (shrink)
In this paper I defend an account of the nature of propositional content according to which the proposition expressed by a declarative sentence is a certain type of action a speaker performs in uttering that sentence. On this view, the semantic contents of proper names turn out to be types of reference acts. By carefully individuating these types, it is possible to provide new solutions to Frege’s puzzles about names in identity- and belief-sentences.
This essay focuses on possible nonhuman applications of CRISPR/Cas9 that are likely to be widely overlooked because they are unexpected and, in some cases, perhaps even “frivolous.” We look at five uses for “CRISPR Critters”: wild de-extinction, domestic de-extinction, personal whim, art, and novel forms of disease prevention. We then discuss the current regulatory framework and its possible limitations in those contexts. We end with questions about some deeper issues raised by the increased human control over life on earth offered (...) by genome editing. (shrink)
Although the terms ‘poles’, ‘bipolar’, and ‘bipolarity’ do not appear in the Tractatus, it is widely held that Wittgenstein maintained his commitment to bipolarity in the Tractatus. As it is usually understood, the principle of bipolarity is that every proposition must be capable of being true and capable of being false, which rules out propositions that are necessarily true or necessarily false. Here I argue that Wittgenstein was committed to bipolarity in the Tractatus, but getting a clear view of this (...) commitment requires a different understanding of bipolarity. Properly understood, bipolarity is the view that every proposition represents two possible states of affairs, one positive and the other negative. Of course, in the case of elementary propositions, the sense of a proposition is only the positive state of affairs. There is thus an asymmetry between what a proposition represents, its true-false poles, and what it says, its sense. In this paper I show how Wittgenstein accounted for this asymmetry in Notes on Logic and I consider two ways he might have accounted for it in the Tractatus. (shrink)
“The sins of the fathers are to be laid upon the children.”Just after midnight on March 21, 2003, a drunk stood on a footbridge over a motorway in a village in Surrey in southern England. After eight pints of beer, he was drunk enough to decide to drop a brick from the overpass into traffic to see if he could hit something; unfortunately, he was not so drunk that he missed. The brick crashed through the windshield on the driver's side (...) of a truck. It hit the driver, Michael Little, in the chest, triggering a fatal heart attack. He stayed conscious long enough to pull the truck safely to the side of the road, thereby perhaps saving other motorists; then he died. The crime was widely publicized, as was the driver's role in preventing any further accidents. (shrink)
The authors examine the scientific possibility and the legal and ethical implications of using DNA forensic technology, through partial matches to DNA from crime scenes, to turn into suspects the relatives of people whose DNA profiles are in forensic databases.
John Mair was an influential post-medieval scholar. This paper focuses on his Tractatus insolubilium, in which he proposed semantic analysis of self-referential phenomena, in particular on his solution to alethic and correspondence paradoxes and his treatment of their general semantic aspects as well as particular applications. His solution to paradoxes is based on the so-called “network evaluation”, i.e. on a semantics which defines the concepts of truth and correspondence with reality in contextual terms. Consequently, the relation between semantic valuation, synonymy (...) and contradiction must be redefined. (shrink)
Neuroscience is clearly making enormous progress toward understanding how human brains work. The implications of this progress for ethics, law, society, and culture are much less clear. Some have argued that neuroscience will lead to vast changes, superseding much of law and ethics. The likely limits to the explanatory power of neuroscience argue against that position, as do the limits to the social relevance of what neuroscience will be able to explain. At the same time neuroscience is likely to change (...) societies through increasing their abilities to predict future behavior, to infer subjective mental states by observing physical brain states (“read minds”), to provide evidence in some cases relevant to criminal responsibility, to provide new ways to intervene to “treat antisocial brains,” and to enhance healthy brains. Neuroscience should make important cultural changes in our special, and specially negative, views of “mental” versus “physical” illness by showing that mental illness is a dysfunction of a physical organ. It will not likely change our beliefs, implicit or explicit, in free will, or spark a new conflict between science and religion akin to the creationism controversy. (shrink)
Human genomics is a translational field spanning research, clinical care, public health, and direct-to-consumer testing. However, law differs across these domains on issues including liability, consent, promoting quality of analysis and interpretation, and safeguarding privacy. Genomic activities crossing domains can thus encounter confusion and conflicts among these approaches. This paper suggests how to resolve these conflicts while protecting the rights and interests of individuals sequenced. Translational genomics requires this more translational approach to law.
