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)

Hank Greely’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...

In October 2022, I had the privilege of joining Hank Greely on the opening panel of the annual International Neuroethics Society (INS) meeting in Montréal, Tiohtiá:ke, situated on the traditional t...

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.

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.

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...

Introduction -- The road to imperfection -- Cataloguing irrationality -- Some real life examples -- Science to the rescue -- A deeper look at what's wrong -- Assigning the blame -- Can it be fixed.

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)

Higher-order theories of consciousness come in many varieties, but all adopt the 'transitivity principle' as a central, explanatory premise. The transitivity principle states that a mental state of a subject is conscious if and only if the subject is aware of it. This higher-order awareness is realized in different ways in different forms of higher-order theory. I argue that empirical studies of metacognition have falsified the transitivity principle by showing that there can be awareness of a mental state without that (...) state's becoming conscious. I present two such studies in detail and argue that the measures they employ cannot be interpreted in a way that would make the results compatible with higher-order theory. Since all versions of the theory rely on the transitivity principle, this entails that all forms of higher-order theory are false. (shrink)

The conference where this article was originally presented solicited recommendations for the “right questions” to ask regarding education and technology. The author of this article suggests that we already know what the right questions are for illuminating technology and its social meaning. What the author wants to know is why those questions in fact are not being asked more widely—why is widespread disinclination to enter explicit deliberation on the proper place of technology so resilient? Langdon Winner uses the term “technological (...) somnambulism” to describe the predominant stance toward technology in our culture, that “we so willingly sleepwalk through the process of reconstituting the conditions of human existence” via the adoption of new technologies. The basic institutional and ideological forces shaping the development and use of technology are not mysterious. But, scrutiny of those forces remains limited to a relative handful of academics and activists. How can technological somnambulism be countered? (shrink)

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)

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)

This paper critically evaluates the celebrated paper of Hanks and McDermott on temporal projection, non-monotonic reasoning, and the frame problem. First I argue against their intuitions, and a fortiori, against their proposed solution. Next, I suggest how the solution they desire could be obtained, were they willing to represent the problem a bit differently.

Direct-to-Consumer genomics has been a controversial topic for over a decade. Much work has been done on the legal issues it raises. This article asks a different question: What will DTC genomics and its legal issues look like in ten to twenty years? After discussing the five current uses of DTC genomics, it describes three current legal issues: medical uses, privacy of genomic information, and privacy in collection and analysis of human DNA. It then suggests that changes in human genomics (...) and how it is used will make the first of those DTC genomics legal issues less important in the future, but that the third will be increasingly significant. (shrink)

Craig Hanks and Aili Bresnahan are contributing editors only -- not main editors.

Vier namhafte Philosophinnen und Philosophen (ergänzt durch zwei Beiträge der Herausgeber) erörtern in diesem Band eines der Leitprinzipien des philosophischen Diskurses der Moderne. »Subjektivität« ist die Schlüsselkategorie, die den Argumentationsverläufen der modernen Philosophie implizit zugrunde liegt und sie als solche prägt. Das gilt für den komplexen Zusammenhang von Erkenntnistheorie und Metaphysik: Hier stellen sich die Fragen nach dem Zugang zur Wirklichkeit und ihrer Struktur, nach der Vermittlung von subjektiver Erfahrung und objektivem Wissen, nach der Relation von Subjekt und Objekt. Ebenso (...) gilt es für den sich daraus ergebenden spezielleren Komplex der Frage nach Selbstbewusstsein und Selbsterkenntnis. -/- Axel Honneth und Angelica Nuzzo verfolgen dabei einen anerkennungstheoretischen Ansatz, während Manfred Frank, Tobias Rosefeldt und Klaus Viertbauer die Verfasstheit des Subjekts im Rahmen der Bewusstseinsanalyse thematisieren. Thomas Hanke unternimmt den Versuch eines Brückenschlages zwischen beiden Paradigm. (shrink)