Before curing was a possibility, medicine was devoted to the relief of suffering. Attention to the relief of suffering often takes a back seat in modern biomedicine. This book seeks to place suffering at the center of biomedical attention, examining suffering in its biological, psychological, clinical, religious, and ethical dimensions.

What does it mean to consider the world of AI through a Christian lens? Rapid developments in AI continue to reshape society, raising new ethical questions and challenging our understanding of the human person. Encountering Artificial Intelligence draws on Pope Francis’ discussion of a culture of encounter and broader themes in Catholic social thought in order to examine how current AI applications affect human relationships in various social spheres and offers concrete recommendations for better implementation. The document also explores questions (...) regarding personhood, consciousness, and the kinds of relationships humans might have with even the most advanced AI. Through these discussions, this book investigates the theoretical and practical challenges to interpersonal encounter raised by the age of AI. (AI Research Group for the Centre for Digital Culture of the Dicastery of Culture and Education of the Holy See). (shrink)

Bernard Charbonneau’s The Green Light is a classic text of French environmentalism, first published in 1980 but unavailable in English until now. Philosophically, I found the book to be underwhelming, but Charbonneau makes no apologies for this:The author’s viewpoint is...not that of a specialist,...of a bona fide philosopher or poet, but that of a man who needs air to breathe, water to drink and dive in, time and space to play, silence to sleep or reflect...who has felt in his bones (...) and his eye each of the blows the land has endured.Charbonneau’s motivations for writing are personal, but not private; the introduction which chronicles his own background, struggles, and heartbreak might be the most compelling part... (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.

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.

The genes involved in methionine biosynthesis are scattered throughout the Escherichia coli chromosome and are controlled in a similar but not coordinated manner. The product of the metJ gene and S‐adenosylmethionine are involved in the repression of this ‘regulon’.

Emerging New Voices in Critical Animal Studies: Vegan Studies for Total Liberation, co-edited by Nathan Poirier, Anthony J. Nocella II, and Annie Bernatchez of the Institute for Critical Animal Studies, is a brilliant radical engaging intersectional book promoting total liberation from new fresh critical animal studies voices throughout the world. This captivating critical animal studies collection, influenced by historical and ongoing radical movements such as green anarchism, Black liberation, prison abolition, feminism, Queer liberation, disability rights, and decolonization, is one of (...) the most powerful texts in the last decade within the animal liberation movement. We must begin to listen to new and young scholars for social justice to evolve in order to end speciesism and all forms of oppression. Read, share, reflect and act on this interdisciplinary collection of scholar-activists from sociology, anthropology, criminology, economics, philosophy, cultural studies, eco-theology, environmental studies, and education that will transform the global movement for radical social justice and propel total liberation forward. (shrink)

This collection features original essays that examine Walter Benjamin¿s and Theodor Adorno¿s essays and correspondence on literature. Taken together, the essays present the view that these two monumental figures of 20th-century philosophy were not simply philosophers who wrote about literature, but that they developed their philosophies in and through their encounters with literature. Benjamin, Adorno, and the Experience of Literature is divided into three thematic sections. The first section contains essays that directly demonstrate the ways in which literature enriched the (...) thinking of Benjamin and Adorno. It explores themes that are recognized to be central to their thinking¿mimesis, the critique of historical progress, and the loss and recovery of experience¿through their readings of literary authors such as Baudelaire, Beckett, and Proust. The second section continues the trajectory of the first by bringing together four essays on Benjamin¿s and Adorno¿s reading of Kafka, whose work helped them develop a distinctive critique of and response to capitalism. The third and final section focuses more intently on the question of what it means to gain authentically critical insight into a literary work. The essays examine Benjamin¿s response to specific figures, including Georg B¿chner, Robert Walser, and Julien Green, whose work he sees as neglected, undigested, or misunderstood. This book offers a unique examination of two pivotal 20th-century philosophers through the lens of their shared experiences with literature. It will appeal to a wide range of scholars across philosophy, literature, and German studies. (shrink)

Philosophers working on time-biases assume that people are hedonically biased toward the future. A hedonically future-biased agent prefers pleasurable experiences to be future instead of past, and painful experiences to be past instead of future. Philosophers further predict that this bias is strong enough to apply to unequal payoffs: people often prefer less pleasurable future experiences to more pleasurable past ones, and more painful past experiences to less painful future ones. In addition, philosophers have predicted that future-bias is restricted to (...) first-person preferences, and that people’s third-person preferences are time-neutral. Philosophers disagree vigorously about the normative status of these preferences—i.e., they disagree about whether first-person future-bias is rationally permissible. Time-neutralists, for example, have appealed to the predicted asymmetry between first- and third-person preferences to argue for the rational impermissibility of future-bias. We empirically tested these predictions, and found that while people do prefer more past pain to less future pain, they do not prefer less future pleasure to more past pleasure. This was so in both first and third-person conditions. This suggests that future-bias is typically non-absolute, and is more easily outweighed in the case of positive events. We connect this result to the normative debate over future-bias. (shrink)

This paper empirically investigates whether people’s implicit decision theory is more like causal decision theory or more like a non-causal decision theory (such as evidential decision theory). We also aim to determine whether implicit causalists, without prompting and without prior education, make a distinction that is crucial to causal decision theorists: preferring something _as a news item_ and preferring it _as an object of choice_. Finally, we investigate whether differences in people’s implicit decision theory correlate with differences in their level (...) of _future bias_: the preference for positively valenced events to be located in the future and not the past, and negatively valenced events to be located in the past and not the future. We find that people are overwhelmingly non-causalists. We also find that implicit causalists _do not_ make the distinction between news items and objects of choice, and that there is little to no correlation between people’s future bias and their implicit decision theory. We end by discussing the philosophical upshots of this work. (shrink)

All else being equal, most of us typically prefer to have positive experiences in the future rather than the past and negative experiences in the past rather than the future. Recent empirical evidence tends not only to support the idea that people have these preferences, but further, that people tend to prefer more painful experiences in their past rather than fewer in their future (and mutatis mutandis for pleasant experiences). Are such preferences rationally permissible, or are they, as time-neutralists contend, (...) rationally impermissible? And what is it that grounds their having the normative status that they do have? We consider two sorts of arguments regarding the normative status of future-biased preferences. The first appeals to the supposed arbitrariness of these preferences, and the second appeals to their upshot. We evaluate these arguments in light of the recent empirical research on future-bias. (shrink)

Until recently, philosophers debating the rationality of time-biases have supposed that people exhibit a first-person hedonic bias toward the future, but that their non-hedonic and third-person preferences are time-neutral. Recent empirical work, however, suggests that our preferences are more nuanced. First, there is evidence that our third-person preferences exhibit time-neutrality only when the individual with respect to whom we have preferences—the preference target—is a random stranger about whom we know nothing; given access to some information about the preference target, third-person (...) preferences mirror first-person preferences. As a result, the simulation hypothesis has been proposed, according to which third-person preferences will mirror first-person preferences when we can simulate the mental states of the preference target. Second, there is evidence that we prefer negative hedonic events to be in our past (we are first-person negatively hedonically future-biased) only when we view future events as fixed and in no way under our control. By contrast, when we perceive it to be within our power to mitigate the badness of future events, we are first-person negatively hedonically past-biased. This is the mitigation hypothesis. We distinguish two versions of the mitigation hypothesis, the squirrelling version and the heuristic version. We ran a study which tested the simulation hypothesis, and which aimed to determine whether the squirrelling or the heuristic version of the mitigation hypothesis enjoys more empirical support. We found support for the heuristic version of the hypothesis, but no support for the squirrelling version. (shrink)

Many philosophers have assumed that our preferences regarding hedonic events exhibit a bias toward the future: we prefer positive experiences to be in our future and negative experiences to be in our past. Recent experimental work by Greene et al. (ms) confirmed this assumption. However, they noted a potential for some participants to respond in a deviant manner, and hence for their methodology to underestimate the percentage of people who are time neutral, and overestimate the percentage who are future (...) biased. We aimed to replicate their study using an alternative methodology that ensures there are no such deviant responses, and hence more accurately tracks future bias and time neutrality. Instead of finding more time neutrality than Greene et al., however, we found vastly more past bias. Our explanation for this surprising finding helps to reveal the rationale behind both future and past biased preferences, and undermines the generalisability of one of the most influential motivations for the rationality of hedonic future bias: Parfit’s My Past or Future Operations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Instinct of Nature: Natural Law, Synderesis, and the Moral SenseRobert A. Greene“Instinct is a great matter.”—Sir John FalstaffThis essay traces the evolution of the meaning of the expression instinctus naturae in the discussion of the natural law from Justinian’s Digest through its association with synderesis to Francis Hutcheson’s theory of the moral sense. The introduction of instinctus naturae into Ulpian’s definition of the natural law by Isidore of (...) Seville in the seventh century posed a problem of definition for medieval commentators. Some said that it meant a universal and providential natura naturans; some defined it as the urge to self and species preservation in animals, degenerating in man into sensual and shameful impulses; some advanced the humanistic and paradoxical notion that it referred to a unique exercise of human reason in coming to know the natural law. The contemporaneous revival in the twelfth century of St. Jerome’s puzzling new term “synderesis,” and its gradual definition as the immediate apprehension of the first practical moral principles of the natural law, brought the two terms into proximity and loose association.A half-century later St. Bonaventure made explicit what had remained latent in the thinking of Thomas Aquinas by relocating synderesis in the affective rather than the intellectual part of man’s nature. Accordingly the moral discoveries of synderesis came to be spoken of as not only non-discursive but instinctive in nature—apprehensions for which no reason could be given, apprehensions somehow rooted in affective human experience. During the bilingual early modern period an increasingly secularized, internalized, and reified instinctus [End Page 173] naturae, together with its abbreviated vernacular cognate, “instinct,” came to serve as a substitute and synonym for the obsolescent synderesis. Edward Herbert’s attention to instinctus naturae in his De Veritate (1624), Sir Matthew Hale’s speculations about the place of rational instinct in the natural law, and Francis Hutcheson’s theory of a moral sense all exemplify this semantic legacy.The first entry in Justinian’s Digest has had a disproportionate influence on later speculation about the natural law. It begins a chapter that gives pride of place to general definitions of justice, law, jus naturale and jus gentium, and it is drawn from the writings of the Roman jurisconsult Domitius Ulpianus (d. 223), whose work constitutes forty percent of the Digest. Ulpian defines the natural law, with insistent repetition, as that which nature has taught to, or is common to, all animals:Jus naturale is that which nature has taught to all animals; for it is not a law specific to mankind but is common to all animals—land animals, sea animals, and the birds as well. Out of this comes the union of man and woman [male and female] which we call marriage, and the procreation of children, and their rearing. So we can see that the other animals, wild beasts included, are rightly understood to be acquainted with this law. Jus gentium, the law of the nations, is that which all human peoples observe. That it is not coextensive with natural law can be grasped easily, since this latter is common to all animals whereas jus gentium is common only to human beings among themselves. 1Justinian’s compilers gave Ulpian’s definition striking prominence at the beginning of the Digest and then in the same short chapter quoted the incompatible and more traditional definitions of his contemporaries Gaius and Paulus. They confined the operation of the natural law to mankind and spoke of reason as its source. 2 The compilers had been charged to eliminate just such conflicts; yet here at the very outset they set a conundrum that perplexed commentators [End Page 174] and invited explanation from Isidore of Seville to Hugo Grotius. Their selection of quotations suggests that as lawyers they regarded such general definitions as “for legal purposes no more than ornament to discussion.” 3 For those of a more speculative bent, however, the dilemmas could not have been more fundamental. How was the natural law to be defined in relation to those appetitive and self-preservative urges that man seemed to share with animals? Or did the term law apply only... (shrink)

Future-biased individuals systematically prefer pleasures to be in the future and pains to be in the past. Empirical research shows that negative future-bias is robust: people prefer more past pain to less future pain. Is positive future-bias robust or fragile? Do people only prefer pleasures to be located in the future, compared to the past, when those pleasures are of equal value, or do they continue to prefer that pleasures be located in the future even when past pleasures outweigh future (...) ones? Some arguments against the rationality of future-bias require positive future-bias to be robust, while others require it to be fragile. We empirically investigate and show that positive future-bias is robust. (shrink)

In recent years, a disagreement has erupted between two camps of philosophers about the rationality of bias toward the near and bias toward the future. According to the traditional hybrid view, near bias is rationally impermissible, while future bias is either rationally permissible or obligatory. Time neutralists, meanwhile, argue that the hybrid view is untenable. They claim that those who reject near bias should reject both biases and embrace time neutrality. To date, experimental work has focused on future-directed near bias. (...) The primary aim of this paper is to shed light on the debate by investigating past-directed near bias. If people treat the past and future differently with respect to near bias, by being future-directed but not past-directed near biased, then this supports a particular version of the hybrid view: temporal metaphysic hybridism. If people treat the past and future the same with respect to near bias, then this supports a simple version of time neutralism, which explains both future bias and near bias in terms of the functioning of a single mechanism: the anticipatory/retrospectory mechanism. Our results undermine the claim that people are future-directed, but not past-directed, near biased, and hence do not support temporal metaphysic hybridism. They also fail to support simple time-neutralism; instead, they suggest that there are multiple mechanisms that differently shape future- and past-directed preferences. (shrink)

Schizophrenia is a severe mental illness, which affects sense of identity. While the ability to have a coherent vision of the self relies partly on its reciprocal relationships with autobiographical memories, little is known about how memories ground “self-images” in schizophrenia. Twenty-five patients with schizophrenia and 25 controls were asked to give six autobiographical memories related to four self-statements they considered essential for defining their identity. Results showed that patients’ self-images were more passive than those of controls. Autobiographical memories underlying (...) self-images were less thematically linked to these self-images in patients. We also found evidence of a weakened sense of self and a deficient organization of autobiographical memories grounding the self in schizophrenia. These abnormalities may account for the poor cohesiveness of the self in schizophrenia. (shrink)

In this essay, I draw on Haidt’s and Baron’s respective insights in the service of a bit of philosophical psychoanalysis. I will argue that deontological judgments tend to be driven by emotional responses, and that deontological philosophy, rather than being grounded in moral reasoning, is to a large extent3 an exercise in moral rationalization. This is in contrast to consequentialism, which, I will argue, arises from rather different psychological processes, ones that are more “cognitive,” and more likely to involve genuine (...) moral reasoning. These claims are strictly empirical, and I will defend them on the basis of the available evidence. Needless to say, my argument will be speculative and will not be conclusive. Beyond this, I will argue that if these empirical claims are true, they may have normative implications, casting doubt on deontology as a school of normative moral thought. (shrink)

The human rights that are enshrined in most western democracies are based on enlightenment ideals of freedom, equality, and justice. Although these core principles are inspirational, their application has not necessarily been equitable or complete enough to provide for the stability, safety, health, and security of all citizens. A more modern understanding of human rights encompasses that which is needed to establish human flourishing, including guaranteed access to water, particularly the clean water provided by adequate sanitation. Without confidence in broad (...) safety and health, and established norms for individual protections, it is difficult for a society to be stable and flourish. Although this argument begins with political philosophy, it ends with a case study in Alabama, one of the poorest states in the United States. This study evaluates the dysfunction caused to local communities and greater society when governmental organizations fail to provide sanitation and guarantee public health for their communities. (shrink)

The concept of practical, or pragmatic, clinical trials was introduced in the early 2000s, in parallel with the growing availability and use of electronic health data. Researchers and policymakers...

Let’s say that an act requires Person-Affecting Justification if and only if some alternative would have been better for someone. So, Lucifer breaking Xavier’s back requires Person-Affecting Justification because the alternative would have been better for Xavier. But the story continues: While Lucifer evades justice, Xavier moves on and founds a school for gifted children. Xavier’s deepest values become identified with the school and its community. When authorities catch Lucifer, he claims no Person-Affecting Justification is needed: because the attack set (...) Xavier on his life’s path, it’s no longer true that the alternative would have been better by the standard of what Xavier now values most. An unappealingly paternalistic way to hold Lucifer to account is to discount Xavier’s preferences as merely adaptive. Instead, I propose understanding the persons of Person-Affecting Justification to be not persons but person stages. This allows us to hold Lucifer to account without having to discount Xavier’s actual preferences, and has interesting implications for compensatory justice, including making sense of reparations for historical wrongs. (shrink)

When someone is prepunished, they are punished for a predicted crime they will or would commit. I argue that cases of prepunishment universally assumed to be merely hypothetical—including those in Philip K. Dick’s “The Minority Report”— are equivalent to some instances of the real-life punishment of attempt offenses. This conclusion puts pressure in two directions. If prepunishment is morally impermissible, as philosophers argue, then this calls for amendments to criminal justice theory and practice. At the same time, if prepunishment is (...) not imaginary, then the philosophers who reject it cannot claim that their view is supported by common sense. (shrink)

I find much to like in Craig Callender's [2022] arguments for the rational permissibility of non-exponential time discounting when these arguments are viewed in a conditional form: viz., if one thinks that time discounting is rationally permissible, as the social scientist does, then one should think that non-exponential time discounting is too. However, time neutralists believe that time discounting is rationally impermissible, and thus they take zero time discounting to be the normative standard. The time neutralist rejects time discounting because (...) they think it is rationally impermissible to prefer to live a worse life in expectation because of arbitrariness. Callender’s attack on the time-neutralist position is the following: the time-neutralist’s non-arbitrariness intuition assumes the existence of nonexistent ‘pure’ time preferences. In response, I aim to clarify the time-neutralist position and show that the non-arbitrariness argument does not rely on the existence of pure time preferences. Instead, the debate between time neutralism and permissivism about time discounting boils down to a methodological question: can we ever criticize the content of preferences? If so, we should embrace time neutralism. (shrink)

Prior research has documented how important it is to patients to be able to trust their physicians. In this essay, we introduce physician perspectives on the importance of earning patients’ trust. We conducted twelve semistructured interviews in late 2022, eleven with physicians and one with a patient‐experience expert. Physicians described earning patients’ trust as crucial for working effectively with patients, with several saying that it was as important as having medical knowledge. Physicians also expressed that feeling a patient trusting them (...) is professionally rewarding and fulfilling. To build trust with patients, physicians reported, they make the medical interaction all about the patient, express their belief in their patients, share their personal experiences, and use other strategies identified in previous literature: communicating effectively, being compassionate, and demonstrating competence. Physicians also reported experiencing challenges in building trust with patients, most often because of patients’ lack of trust in other levels of the health care system and because of having inadequate time to spend with patients. Additionally, Black and Brown physicians described how patients’ bias often blocks trust. (shrink)

De Neys makes a compelling case that the sacrificial moral dilemmas do not elicit competing “fast and slow” processes. But are there even two processes? Or just two intuitions? There remains strong evidence, most notably from lesion studies, that sacrificial dilemmas engage distinct cognitive processes generating conflicting emotional and rational responses. The dual-process theory gets much right, but needs revision.

Background There is considerable variation in the functionality of bioethical services in different institutions and countries for children in hospital, despite new challenges due to increasing technology supports for children with serious illness and medical complexity. We aimed to understand how bioethics services address bioethical concerns that are increasingly encountered in paediatric intensive care. Methods A qualitative descriptive design was used to describe clinician’s perspectives on the functionality of clinical bioethics services for paediatric intensive care units. Clinicians who were members (...) of formal or informal clinical bioethics groups, or who were closely involved with the process of working through ethically challenging decisions, were interviewed. Interviews took place online. Resulting transcripts were analysed using thematic analysis. Results From 33 interviews, we identified four themes that described the functionality of bioethics services when a child requires technology to sustain life: striving for consensus; the importance of guidelines; a structure that facilitates a time-sensitive and relevant response; and strong leadership and teamwork. Conclusions Clinical bioethics services have the potential to expand their role due to the challenges brought by advancing medical technology and the increasing options it brings for treatment. Further work is needed to identify where and how bioethics services can evolve and adapt to fully address the needs of the decision-makers in PICU. (shrink)

In some cases people judge it morally acceptable to sacrifice one person’s life in order to save several other lives, while in other similar cases they make the opposite judgment. Researchers have identified two general factors that may explain this phenomenon at the stimulus level: (1) the agent’s intention (i.e. whether the harmful event is intended as a means or merely foreseen as a side-effect) and (2) whether the agent harms the victim in a manner that is relatively “direct” or (...) “personal”. Here we integrate these two classes of findings. Two experiments examine a novel personalness/directness factor that we call personal force, present when the force that directly impacts the victim is generated by the agent’s muscles (e.g., in pushing). Experiments 1a and b demonstrate the influence of personal force on moral judgment, distinguishing it from physical contact and spatial proximity. Experiments 2a and b demonstrate an interaction between personal force and intention, whereby the effect of personal force depends entirely on intention. These studies also introduce a method for controlling for people’s real-world expectations in decisions involving potentially unrealistic hypothetical dilemmas. (shrink)

Are children the passive recipients of influence from their parents and from society? Is their development determined by their genes and their neurons, or do they have the capacity to think about and influence their own lives and the world around them? How does their interaction with their social and material worlds support or hinder agency? Arechildren agents, and what do we mean by agency? Children as Agents in Their Worlds aims to answer these questions through a critical psychological and (...) relational approach, while referencing and critiquing a wide range of perspectives from otherdisciplinesincludingsociology, anthropology and education. Greene and Nixon review the pioneering work of scholars of childhood studies and current post-human theories of agency and offer a developmental perspective on the emergence of the sense ofagency and the exercise of agencyin children. They discuss key themes includingagency in families, agency within the school context and with peers, and children as agents in the wider public sphere. They explore agency and diversity, examining sex, age, genetic inheritance and contextual sources of difference, such as social class and geographical location. Offering a stronger theoretical base for research and policy, through a synthesis of both psychological and relational theories,Children as Agents in Their Worlds will be essential reading for students and professionals in developmental psychology, sociology and anthropology, as well as education, childhood studies, children⁰́₉s rights and related fields. (shrink)

In the twelfth and thirteenth centuries, new ways of storytelling and inventing fictions appeared in the French-speaking areas of Europe. This new art still influences our global culture of fiction. Virginie Greene explores the relationship between fiction and the development of neo-Aristotelian logic during this period through a close examination of seminal literary and philosophical texts by major medieval authors, such as Anselm of Canterbury, Abélard, and Chrétien de Troyes. This study of Old French logical fictions encourages a broader (...) theoretical reflection about fiction as a universal human trait and a defining element of the history of Western philosophy and literature. Additional close readings of classical Greek philosophers Plato and Aristotle, and modern analytic philosophy including the work of Bertrand Russell and Rudolf Carnap, demonstrate peculiar traits of Western rationalism and expose its ambivalent relationship to fiction. (shrink)

:In this essay I defend an alternative account of why markets are legitimate. I argue that markets have a raison d’être—a potential to be valuable that, if fulfilled, would justify their existence. I characterize this potential in terms of the goods that are promoted by the legal protection of economic agency: resource discretion, contribution esteem, wealth, diffusion of power, and freedom of association. I argue that market institutions deliver these goods without requiring the participants to have shared ends, or shared (...) deliberation about joint ends—indeed, this feature is the source of the market’s distinctive contribution to well-being. I suggest that when markets lack legitimacy, this is because they fail to fulfill their raison d’être, or fail to be recognized as doing so. Thus, the contours of legal protection must be drawn so that these goods are realized together in a recognizable way, without sacrificing one good for the sake of others. Finally, I argue that this account is appealing because it allows regulators to consider a plurality of goods, and because it makes room for the essential role of rhetoric in securing market legitimacy. (shrink)

This paper targets a nearly universal assumption in the philosophical literature: that prepunishment is unproblematic for consequentialists. Prepunishment threats do not deter, as deterrence is traditionally conceived. In fact, a pure prepunishment legal system would tend to increase the criminal disposition of the grudgingly compliant. This is a serious problem since, from many perspectives, but especially from a consequentialist one, a primary purpose of punishment is deterrence. I analyze the decision theory behind pre and postpunishments, which helps clarify both what (...) deterrence is and how it operates in consequentialist justifications of punishment. I end by sketching a road map for the future of prepunishment as artificial intelligence and other technological advances generate increasing possibilities for its use. (shrink)

This article argues that it is far from trivial to convert social science concepts into accurate categories on which algorithms work best. The literature raises this concern in a general way; for example, Deeks notes that legal concepts, such as proportionality, cannot be easily converted into code noting that ‘The meaning and application of these concepts is hotly debated, even among lawyers who share common vocabularies and experiences’ (Deeks in Va Law Rev 104, pp. 1529–1593, 2018). The example discussed here (...) is recidivism prediction, where the factors that are of interest are difficult to capture adequately through questionnaires because survey responses do not necessarily indicate whether the behaviour that is of interest is present. There is room for improvement in how questions are phrased, in the selection of variables, and by encouraging practitioners to consider whether a particular variable is the sort of thing that can be measured by questionnaires at all. (shrink)