This book provides a theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines. It explores the history of this prohibition, the current legal doctrine, and future applications of the Eighth Amendment. With contributions from the leading academics and experts on the Eighth Amendment and the wide range of punishments and criminal justice actors it touches, this volume addresses constitutional theory, legal history, federalism, constitutional values, the applicable legal doctrine, punishment theory, prison (...) conditions, bail, fines, the death penalty, juvenile life without parole, execution methods, prosecutorial misconduct, race discrimination, and law & science. (shrink)

This article explores the teaching of Fratelli tutti as an integrating document of the papacy of Francis. Exploring the title as greeting and imperative, the authors make a case for exploring FT as both a development of the themes of earlier social encyclicals and as an attempt to explore an integral humanism for a new age facing economic, environmental, migratory, and social-conflictual challenges. The article lays out a summary of these main themes of Francis’s social teaching. Nonetheless, the authors conclude, (...) the integral planetary humanism that Francis calls for, and is so needed, is itself a radically incomplete project. A common home is not possible without a recognition of a common kinship, yet without deep reflection on women’s experience, the inclusion of women as full subjects and agents of CST, and greater attention to race, the document cannot fully embody the spirit and logic of its own message of gift, inclusion, and co-belonging. (shrink)

In the year of our Lord 1862, Polish painter Jan Matejko finished his first famous work, Stańczyk, fully translated into English as “Stańczyk during a ball at the court of Queen Bona in the face of the loss of Smolensk.”1 The piece was painted in oils and depicts a famous political figure of Renaissance Poland, Stańczyk the court jester. Stańczyk, an influential figure of Polish history who was as much a political philosopher as a funny man, is depicted in this (...) scene sitting alone and apoplectic as a royal party rages on just outside his door. As the illustration implies, he and the partygoers have just received some correspondence that declares the Polish territory of Smolensk has been besieged, and, appallingly.. (shrink)

Fleming, Daniel J; Ryan, Thomas Three recent phrases of Pope Francis warrant attention and guide this article. First, there is his call for 'witnesses of God's love' in his tribute to modern martyrs. The second is 'the pedagogy of grace' and the work of the Spirit explained in 'Amoris Laetitia'. Third, from the same document, we find his discussion of accompaniment in the process of moral discernment within the church. With these as guideposts and drawing on recent studies in (...) moral philosophy and psychology, this article unfolds in five steps: setting the scene; witness in relation to moral understanding and intersubjectivity; intersubjectivity and conscience; a pedagogy of grace: Holy Spirit and nonbelievers; and a pedagogy of grace in relation to moral development. (shrink)

American men experience worse outcomes on a wide range of health and well-being variables compared to women, including disease, educational problems, violence, addiction, suicide, unemployment, and life expectancy. Because of this, organizations have created programs that focus on helping men both psychologically and spiritually; however, it is important to assess the effectiveness of these programs. The Crucible Project, founded in 2002, attempts to facilitate the development of integrity, courage, and grace in men using a weekend retreat format. The purpose of (...) this pilot study was to explore the effect of the weekend retreat on participants’ authenticity, assertiveness, and willingness to forgive. Participants completed measures before the weekend retreat, immediately after the weekend retreat, and at a 1-month follow-up. Results indicate that weekend retreat participants demonstrated a significant increase in scores on measures of authenticity and willingness to forgive and a trend toward increased scores on the measure of assertiveness over time. We conclude by discussing limitations of the study, areas for future research, and implications for spiritual and character development. (shrink)

Rare genetic diseases collectively impact millions of individuals in the United States. These patients and their families share many challenges including delayed diagnosis, lack of knowledgeable providers, and limited economic incentives to develop new therapies for small patient groups. As such, rare disease patients and families often must rely on advocacy, including both self-advocacy to access clinical care and public advocacy to advance research. However, these demands raise serious concerns for equity, as both care and research for a given disease (...) can depend on the education, financial resources, and social capital available to the patients in a given community. In this article, we utilize three case examples to illustrate ethical challenges at the intersection of rare diseases, advocacy and justice, including how reliance on advocacy in rare disease may drive unintended consequences for equity. We conclude with a discussion of opportunities for diverse stakeholders to begin to address these challenges. (shrink)

Coronavirus disease 2019 can lead to respiratory failure. Some patients require extracorporeal membrane oxygenation support. During the current pandemic, health care resources in some cities have been overwhelmed, and doctors have faced complex decisions about resource allocation. We present a case in which a pediatric hospital caring for both children and adults seeks to establish guidelines for the use of extracorporeal membrane oxygenation if there are not enough resources to treat every patient. Experts in critical care, end-of-life care, bioethics, and (...) health policy discuss if age should guide rationing decisions. (shrink)

Historical demographic research shows that the factors influencing mortality risk are labile across time and space. This is particularly true for datasets that span societal transitions. Here, we seek to understand how marriage, migration, and the local economy influenced mortality dynamics in a rapidly changing environment characterized by high in-migration and male-biased sex ratios. Mortality records were extracted from a compendium of historical vital records for the Baja California peninsula (Mexico). Our sample consists of 1,201 mortality records spanning AD 1835–1900. (...) Findings from Cox proportional hazard models indicate that (1) marriage was associated with a protective effect for both sexes; (2) residing in a mining town was associated with higher mortality for men, but not women; (3) migration was associated with decreased mortality risk for women, but not men; and (4) the risk of mortality increased in the face of infectious disease, but decreased over time. Despite the early initiation of reproduction for women, marriage had a protective effect, likely because marriage linked women to resources. Although mining boomtowns were associated with elevated risk factors generally, only men experienced greater mortality risk, likely due to dangerous working conditions that women did not experience. Last, female, but not male, migrants experienced greater longevity, possibly because exposure to harsh labor conditions eroded the protective effect of selection bias for men. Together, these results shed light on an understudied historical population and broaden our understanding of demographic dynamics in preindustrial settings. (shrink)

Suppose you confront a situation in which you can either promote a good for yourself or a good for someone else, but not both. The present paper argues that it is valuable for your conduct in such circumstances to be regulated by a character trait the possession of which constitutes one way of having one’s life be centered upon others as opposed to centered upon oneself. The trait in question, which we shall call “others-centeredness,” is a disposition to promote goods (...) of others rather than one’s own goods when the values of these goods are equal or incommensurable. We argue that possessing this trait makes one more likely to maximize total value, because in addition to promoting the goods of the other, this trait also promotes goods of interpersonal union. We explain why this conclusion is significant, and we defend our argument for it against several objections. (shrink)

Indirect speech acts—responding “I forgot to wear my watch today” to someone who asked for the time—are ubiquitous in daily conversation, but are understudied in current neurobiological models of language. To comprehend an indirect speech act like this one, listeners must not only decode the lexical-semantic content of the utterance, but also make a pragmatic, bridging inference. This inference allows listeners to derive the speaker’s true, intended meaning—in the above dialog, for example, that the speaker cannot provide the time. In (...) the present work, we address this major gap by asking non-aphasic patients with behavioral variant frontotemporal dementia and brain-damaged controls with amnestic mild cognitive impairment to judge simple question-answer dialogs of the form: “Do you want some cake for dessert?” “I’m on a very strict diet right now,” and relate the results to structural and diffusion MRI. Accuracy and reaction time results demonstrate that subjects with bvFTD, but not MCI, are selectively impaired in indirect relative to direct speech act comprehension, due in part to their social and executive limitations, and performance is related to caregivers’ judgment of communication efficacy. MRI imaging associates the observed impairment in bvFTD to cortical thinning not only in traditional language-associated regions, but also in fronto-parietal regions implicated in social and executive cerebral networks. Finally, diffusion tensor imaging analyses implicate white matter tracts in both dorsal and ventral projection streams, including superior longitudinal fasciculus, frontal aslant, and uncinate fasciculus. These results have strong implications for updated neurobiological models of language, and emphasize a core, language-mediated social disorder in patients with bvFTD. (shrink)

Active inference offers a unified theory of perception, learning, and decision-making at computational and neural levels of description. In this article, we address the worry that active inference may be in tension with the belief–desire–intention model within folk psychology because it does not include terms for desires at the mathematical level of description. To resolve this concern, we first provide a brief review of the historical progression from predictive coding to active inference, enabling us to distinguish between active inference formulations (...) of motor control and active inference formulations of decision processes. We then show that, despite a superficial tension when viewed at the mathematical level of description, the active inference formalism contains terms that are readily identifiable as encoding both the objects of desire and the strength of desire at the psychological level of description. We demonstrate this with simple simulations of an active inference agent motivated to leave a dark room for different reasons. Despite their consistency, we further show how active inference may increase the granularity of folk-psychological descriptions by highlighting distinctions between drives to seek information versus reward—and how it may also offer more precise, quantitative folk-psychological predictions. Finally, we consider how the implicitly conative components of active inference may have partial analogues in other systems describable by the broader free energy principle to which it conforms. (shrink)

This commentary serves as a reply to Hoffart and Johnson’s article contending that psychodynamic psychotherapy (PDT) models cannot be examined with regard to mechanism of change or represent within-person causal relationships. Hoffart and Johnson cite purportedly paradigmatic examples of PDT and cognitive therapy and examine them with respect to Kazdin’s requirements for investigation of mechanisms of change. We highlight inaccuracies in Hoffart and Johnson’s representation of PDT and, in doing so, provide reasoning in support of the empirical examinability of PDT. (...) We conclude by recommending a metatheoretical system (i.e., functionalism) and empirical methodologies that clinical scientists may consider when investigating mechanisms of PDT in the future. (shrink)

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

: In recent literature supporting a hybrid view between metaethical cognitivism and noncognitivist expressivism, much has been made of an analogy between moral terms and pejoratives. The analogy is based on the plausible idea that pejorative slurs are used to express both a descriptive belief and a negative attitude. The analogy looks promising insofar as it encourages the kinds of features we should want from a hybrid expressivist view for moral language. But the analogy between moral terms and pejorative slurs (...) is also problematic. In this paper, I argue for two main ways in which we should distinguish between two different types of pejorative terms: slurs, on the one hand, and what I call general pejorative terms, on the other. I examine the problems with the analogy between slurs and moral terms and conclude that general pejorative terms like ‘jerk’ are a better candidate on which to model the potential dual-use behavior of moral terms. So if hybrid theorists are looking for a dual-use model for moral language, they should be careful to base their analogies on general pejoratives, rather than slurs. (shrink)

sirIn a scholarly and thought-provoking paper, Clarke sets out to debunk the concept of “rational suicide” as nonsensical.1 His motivation in this is to undermine any support that the notion of rational suicide might give to a “categorical right to suicide”. If his enterprise were successful, however, it would go far beyond the “rights issue” and would have a profound impact on all arguments raised in support of euthanasia or physician-assisted suicide.Clarke's major thrust might be termed the argument from posthumous (...) ignorance. He begins with a claim that the process of making a rational decision involves the process of “gaining all possible facts and `imagining' all possible consequences”. He goes on to say that making a rational decision “in the consideration of life or death . . . would seem to be impossible”. It is “impossible” …. (shrink)

This article examines a series of Schelling-like models of residential segregation, in which agents prefer to be in the minority. We demonstrate that as long as agents care about the characteristics of their wider community, they tend to end up in a segregated state. We then investigate the process that causes this and conclude that the result hinges on the similarity of informational states among agents of the same type. This is quite different from Schelling-like behavior and suggests that segregation (...) is an instance of macrobehavior that can arise from a wide variety of micromotives. (shrink)

Recent global events demonstrate that analytical frameworks to aid professionals in healthcare ethics must consider the pervasive role of social structures in the emergence of bioethical issues. To address this, the authors propose a new sociologically informed approach to healthcare ethics that they term “social bioethics.” Their approach is animated by the interpretive social sciences to highlight how social structures operate vis-à-vis the everyday practices and moral reasoning of individuals, a phenomenon known as social discourse. As an exemplar, the authors (...) use social bioethics to reframe common ethical issues in psychiatric services and discuss potential implications. Lastly, the authors discuss how social bioethics illuminates the ways healthcare ethics consultants in both policy and clinical decision-making participate in and shape broader social, political, and economic systems, which then cyclically informs the design and delivery of healthcare. (shrink)

This paper addresses the potentially interactive effects of descriptive and injunctive norm perceptions on an unethical workplace behavior: counterproductive work behavior perpetration. We draw on the Focus Theory of Normative Conduct and its conceptual distinction between norm types to refine research on this topic. We also test a person-by-environment interaction to determine whether the interactive effects of these norms for CWB are enhanced among employees reporting a stronger need to belong to social groups. In two studies, predictors were assessed in (...) an initial survey and the dependent variable was assessed weeks later. Individuals employed across a range of industries served as participants. In Study 1, descriptive and injunctive norm perceptions of CWB interacted to predict CWB perpetration. This finding was replicated in Study 2. Additionally, Study 2 demonstrated that the interaction between the two norm types was especially strong among individuals high in NTB. Results suggest that to decrease CWB perpetration, organizations may profitably leverage the persuasive effects of “social norms marketing” to alter employee perceptions of the typicality and level of approval for CWBs. This is the first study to demonstrate that both descriptive and injunctive norm perceptions predict CWB perpetration. The demonstrated three-way interaction between the two norm types and NTB advances existing theory regarding the cognitive and motivational mechanisms underlying normative social influence. (shrink)

In the midst of recent ethical decision-making failures in business in the past ten or more years, businesses are beginning to prioritize the moral fiber of their new-hire business graduates. In addition to academic performance, intellectual drive, and personality match, perhaps there are other key characteristics that employers seek which speak to the importance of ethical decision makers in practice. The question remains, how can academic institutions help instill such values into their students so that ethical decision making transcends their (...) lives? This article suggests that experiential learning through an institutional-sponsored business forum can help enhance an individual’s self-efficacy and awareness of the school’s value-based education, which ultimately will lead students towards ethical decision making in practice. Five years of survey data collected at business forum events suggests that business forums are making a difference in the students’ self-assessed abilities to show greater self-efficacy, better ethical decision making, and an increased awareness of their institution’s value-based education. Specifically, data collected illustrate a mediating effect of self-efficacy and awareness of a value-based education en route to ethical decision making. Further, support is found for the primary hypothesis that attendance at business forums does result in a higher propensity to make ethical decisions. Because of these positive findings, higher education institutions looking to place a greater emphasis on the ethical leadership of their business students may want to explore adding such experiential learning programs. (shrink)

How do the intellect and will remain free while pursuing a life of virtue? This is where the question of prudence comes in. Is the practical wisdom of the prudent man founded upon some kind of innate or acquired instinct, or does it presuppose understanding of intellectually grasped basic principles? And if those principles are presupposed, is reason necessary for applying them in any given instance, or can one solely look to the rightly formed appetites acquired by moral virtue? In (...) answering these questions, Ryan J. Brady looks first and foremost to St. Thomas Aquinas and his ancient and modern interpreters. Brady's way of engaging the question of the interplay between the intellect and reason is by focusing on two apparently conflicting texts of St. Thomas Aquinas, one of which says that synderesis (the habit of the first principles of the practical intellect) appoints the end to the moral virtues and another which says prudence does. The author's conviction is that the correct way of reconciling the two texts not only establishes knowledge not only of the role of conscience, virtue, and natural law in the moral life but also provides insight into the profoundly complementary roles of reason and will within the context of a life of virtue. (shrink)

There are two intriguing paradoxes in molecular biology-the inconsistent relationship between organismal complexity and (1) cellular DNA content and (2) the number of protein-coding genes-referred to as the C-value and G-value paradoxes, respectively. The C-value paradox may be largely explained by varying ploidy. The G-value paradox is more problematic, as the extent of protein coding sequence remains relatively static over a wide range of developmental complexity. We show by analysis of sequenced genomes that the relative amount of non-protein-coding sequence increases (...) consistently with complexity. We also show that the distribution of introns in complex organisms is non-random. Genes composed of large amounts of intronic sequence are significantly overrepresented amongst genes that are highly expressed in the nervous system, and amongst genes downregulated in embryonic stem cells and cancers. We suggest that the informational paradox in complex organisms may be explained by the expansion of cis-acting regulatory elements and genes specifying trans-acting non-protein-coding RNAs. (shrink)

We propose that the prevalent moral aversion to AWS is supported by a pair of compelling objections. First, we argue that even a sophisticated robot is not the kind of thing that is capable of replicating human moral judgment. This conclusion follows if human moral judgment is not codifiable, i.e., it cannot be captured by a list of rules. Moral judgment requires either the ability to engage in wide reflective equilibrium, the ability to perceive certain facts as moral considerations, moral (...) imagination, or the ability to have moral experiences with a particular phenomenological character. Robots cannot in principle possess these abilities, so robots cannot in principle replicate human moral judgment. If robots cannot in principle replicate human moral judgment then it is morally problematic to deploy AWS with that aim in mind. Second, we then argue that even if it is possible for a sufficiently sophisticated robot to make ‘moral decisions’ that are extensionally indistinguishable from (or better than) human moral decisions, these ‘decisions’ could not be made for the right reasons. This means that the ‘moral decisions’ made by AWS are bound to be morally deficient in at least one respect even if they are extensionally indistinguishable from human ones. Our objections to AWS support the prevalent aversion to the employment of AWS in war. They also enjoy several significant advantages over the most common objections to AWS in the literature. (shrink)

This paper presents a version of neurophenomenology based on generative modelling techniques developed in computational neuroscience and biology. Our approach can be described as _computational phenomenology_ because it applies methods originally developed in computational modelling to provide a formal model of the descriptions of lived experience in the phenomenological tradition of philosophy (e.g., the work of Edmund Husserl, Maurice Merleau-Ponty, etc.). The first section presents a brief review of the overall project to naturalize phenomenology. The second section presents and evaluates (...) philosophical objections to that project and situates our version of computational phenomenology with respect to these projects. The third section reviews the generative modelling framework. The final section presents our approach in detail. We conclude by discussing how our approach differs from previous attempts to use generative modelling to help understand consciousness. In summary, we describe a version of computational phenomenology which uses generative modelling to construct a computational model of the inferential or interpretive processes that best explain this or that kind of lived experience. (shrink)

In recent years, many studies have examined conservative Christian responses to shifting societal attitudes about sexuality. In this article we examine official discourse from the LDS Church found in General Conference talks and the official adult magazine of the Church, Ensign, to better understand how leaders of the religion have taught the members to abstain from the use of pornography. Using a grounded-theory approach, we noted a pattern to the lessons that included four elements: avoiding dangerous associations, taking personal responsibility, (...) maintaining inner purity, and seeking spiritual treatment. This study extends previous research by examining how Mormon leaders taught their followers to interpret and protect themselves from pornography. As such, our analysis demonstrates the elaboration of religious teachings that may facilitate the negative reactions to pornography researchers have observed in survey and outcome-based research on members of conservative religions. (shrink)

The Ontology for Biomedical Investigations (OBI) is an ontology that provides terms with precisely defined meanings to describe all aspects of how investigations in the biological and medical domains are conducted. OBI re-uses ontologies that provide a representation of biomedical knowledge from the Open Biological and Biomedical Ontologies (OBO) project and adds the ability to describe how this knowledge was derived. We here describe the state of OBI and several applications that are using it, such as adding semantic expressivity to (...) existing databases, building data entry forms, and enabling interoperability between knowledge resources. OBI covers all phases of the investigation process, such as planning, execution and reporting. It represents information and material entities that participate in these processes, as well as roles and functions. Prior to OBI, it was not possible to use a single internally consistent resource that could be applied to multiple types of experiments for these applications. OBI has made this possible by creating terms for entities involved in biological and medical investigations and by importing parts of other biomedical ontologies such as GO, Chemical Entities of Biological Interest (ChEBI) and Phenotype Attribute and Trait Ontology (PATO) without altering their meaning. OBI is being used in a wide range of projects covering genomics, multi-omics, immunology, and catalogs of services. OBI has also spawned other ontologies (Information Artifact Ontology) and methods for importing parts of ontologies (Minimum information to reference an external ontology term (MIREOT)). The OBI project is an open cross-disciplinary collaborative effort, encompassing multiple research communities from around the globe. To date, OBI has created 2366 classes and 40 relations along with textual and formal definitions. The OBI Consortium maintains a web resource providing details on the people, policies, and issues being addressed in association with OBI. (shrink)