We examine the philosophical and empirical issues related to the question whether psychopathy can be considered a psychiatric natural kind. Natural kinds refer to categories that are privileged because they the capture certain real divisions in nature. Generally, in philosophical debates regarding psychiatry, there is much scepticism about the possibility that psychiatric categories track natural kinds. We outline the main positions in the debate about natural kinds in psychiatry and examine (...) whether psychopathy can be considered as a natural kind on any of the proposed accounts. By examining the scientific literature on psychopathy, we draw two main conclusions: (1) the empirical data currently do not support the view that this condition is unified enough to be considered a natural kind; (2) the construct of psychopathy plays useful roles both in the context of scientific research and in forensic and clinical settings. These considerations bring us to our tentative conclusion about psychopathy as a kind in the making, a sort of “under construction” category with potential for improvement and refinement with further research. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Commentary on “Epistemic Value Commitments”W. John Livesley (bio)A disquieting feature of contemporary psychiatric nosology is the tendency to adopt positions that imply that current classifications are simply statements of fact. Clinicians and researchers alike seem to assume that the DSM diagnostic concepts are factual descriptions based only on scientific analysis that reflect the essential nature of psychiatric disorders. The architects of the DSM acknowledge in various (...) ways that this is not the case. Frances et al. (1991), for example, noted the provisional and pragmatic nature of DSM-IV. Nevertheless, these cautions are largely ignored. The DSM is partly responsible. The assertion that the DSM is atheoretical with regard to etiology, although clearly incorrect, tends to generalize to other aspects of the system. Similarly, the emphasis on description that has proved so valuable in improving diagnosis is presented as if clinical description is unencumbered by values and assumptions. Moreover, the failure to state explicitly the assumptions underlying the classification encourages the conclusion that the system is free from theoretical and other influences.In fact the DSM is theory laden. Implicit theoretical models and etiological concepts lie behind many diagnoses, including adjustment, dissociative, and posttraumatic stress disorders. Assumptions about the nature of mental disorders and the way psychopathology is organized underlie the entire system (Livesley and Jackson 1992). Pragmatic and political considerations influenced the final structure. Moreover, as Dr. Sadler and others working on the same issues (Fulford 1989, 1994; Agich 1994) point out, the DSM is also value laden. It is value laden not only in the obvious sense that some diagnostic concepts are highly evaluative or biased against certain groups (Kaplan 1983), but also in the fundamental sense that values are built into the very structure of the system (Agich 1994; Russell 1994; Wakefield 1992).Value influences begin with the definition of mental disorder. As Wakefield (1992) and others have argued, the concept of disorder cannot be value free. Values are also involved in the descriptive terms adopted as diagnostic criteria (Agich 1994) and, as Dr. Sadler convincingly demonstrates, they are intrinsic to the way that the classification is constructed and evaluated—the very aspects of the classification that are generally assumed to be value free. By emphasizing this aspect, Dr. Sadler draws attention to the fact that despite being implicit and informal, these values exert a major influence. They influence kinds of information considered relevant to the classification, the way this information is weighted and evaluated, and the way it is organized into diagnostic concepts. Thus, values shape the classification and the research agenda. This point has not [End Page 223] been fully recognized, or at least not fully acknowledged, by those responsible for developing contemporary classifications. There is a tendency to assume that any values involved in the DSM are largely evaluative and incidental, as if they crept into the system inadvertently due to our limited knowledge. The implication is that their presence is merely a temporary embarrassment to be eliminated automatically as clinical description and phenomenology are refined. But this is not the case; any classification of mental disorders inevitably consists of fact plus value (Fulford 1994). Acknowledgment of the evaluative element does not detract from the achievements of the DSM. It is not a limitation but an essential component.The general failure to attend to the non-factual or non-descriptive aspects of classification means that important aspects of classifications are neglected. The impact of pragmatic considerations, political and economic factors, and ethical and epistemic values on the organization and evaluation of scientific information has not received appropriate attention given the social, clinical, and scientific consequences of contemporary psychiatric classifications. In essence, only a limited aspect of classification has been studied, and even this has been studied in isolation from its context. Under these circumstances there is much to be gained from explicit acknowledgment and analysis of the value component. We are more likely to make progress in resolving nosological issues if we take a broad perspective.For the nosologist, Dr. Sadler makes two useful contributions to understanding the broader view. First, the analysis of value is extended beyond discussion of evaluative or ethical values into a detailed analysis of the epistemic values that... (shrink)

This thesis investigates the nature of psychiatric disorders, and to what extent they can form a basis for classification, explanation, and treatment interventions. These questions are important in the light of the “crisis of validity” in psychiatry, according to which current diagnostic categories do not pick out real disorders. I address the questions by defending an account of psychiatric disorders that can better accommodate social aspects and non-epistemic values than the symptom-based model of the Diagnostic and (...) Statistical Manual of Mental Disorders (DSM) and the brain disease model of the biomedical approach, including the Research Domain Criteria (RDoC). I concentrate on three ways that psychiatric disorders can differ from prototypical natural kinds, such as biological species and chemical elements. First, the concept of psychiatric disorder or mental disorder is partly value-laden and cannot be defined based only on scientific facts. Second, the objects of psychiatric classifications are interactive human kinds because people with disorders respond to their classifications through looping effects. Third, sociocultural factors can shape disorders in complex ways, which is indicated by their cross-cultural variation. I argue that these challenges can be overcome with a pluralistic explanatory account that grants an explicit role to value-sensitive considerations and social scientific research. Based on this, I argue that particular disorders can in principle support inductive inferences. ------------------------------------------------------------------------------------------ My key argument is that although whether a condition is considered pathological is partly a value-laden question, this does not rule out a realist account of particular psychiatric disorders as homeostatic property cluster kinds (HPC). I assert that causal mechanisms responsible for psychiatric kinds can be understood non-metaphysically based on the contrastive-counterfactual and interventionist theories of explanation. An advantage of this account is that it can address the concern that psychiatric explanations require one to relate heterogeneous causal factors on different levels, such as genetic, neurological, psychological, and social. My novel argument is that mechanistic explanations of scientific kinds have applicability domains over which they account for specific aspects of kinds and warrant inductive inferences. That is, identifying the applicability domain of an explanation spells out the conditions under which the explanation is expected to be reliable and when it can break down. This helps to understand how different discipline approaches, including social and cultural ones, can be complementary and make an explanation of a psychiatric kind more reliable. On the other hand, the account also shows how the complex nature of psychiatric kinds can license re-classifications for different epistemic and non-epistemic purposes. Finally, in the light of the social implications of psychiatric classifications, I suggest a value-sensitive or ameliorative approach to engineering the concept of psychiatric disorder. In conclusion, my account shows that research on the social and cultural factors that shape psychiatric disorders, and weighing the non-epistemic values that influence classificatory practices, can and should inform classificatory choices as well as policy and treatment interventions. (shrink)

The account of natural kinds as stable property clusters is premised on the possibility of separating the epistemic value of natural kinds from their underlying metaphysics. On that account, the co-instantiation of any sub-cluster of the properties associated with a given natural kind raises the probability of the co-instantiation of the rest, and this clustering of property instantiation is invariant under all relevant counterfactual perturbations. We argue that it is not possible to evaluate (...) the stability of a cluster of properties without taking stock of the metaphysical picture used to account for that stability. Thus, even on the stable property cluster account, the epistemic value of natural kinds remains partly grounded in their metaphysical status. (shrink)

This paper addresses philosophical issues concerning whether mental disorders are natural kinds and how the DSM should classify mental disorders. I argue that some mental disorders (e.g., schizophrenia, depression) are natural kinds in the sense that they are natural classes constituted by a set of stable biological mechanisms. I subsequently argue that a theoretical and causal approach to classification would provide a superior method for classifying natural kinds than the purely descriptive approach (...) adopted by the DSM since DSM-III. My argument suggests that the DSM should classify natural kinds in order to provide predictively useful (i.e., projectable) diagnostic categories and that a causal approach to classification would provide a more promising method for formulating valid diagnostic categories. (shrink)

The recurring claim that the construct of psychopathy is value laden often is not qualified in enough detail. The chapters in this part of the volume, instead, investigate in depth the role and significance of values in different aspects of the construct of psychopathy. Following these chapters, but also by offering a background to them, we show how certain values are involved in the characterisation of psychopathy, inform societal needs satisfied by this construct, and have (...) a central role in determining whether psychopathy is a mental disorder. Moreover, we relate this description to our criticism of the view that the entrenchment of the notion of psychopathy with values in principle renders it irreconcilable with sound psychiatric theory and practice. However, we also recognize that the value-ladenness of psychopathy leaves open other important challenges. Meeting them needs addressing interdisciplinary interrelated issues that have empirical, normative, and theoretical dimensions. (shrink)

The main claim of this thesis is that value-judgments should play a profound role in the construction and evaluation of species classifications. The arguments for this claim will be presented over the course of five chapters. These are divided into two main parts; part one, which consists of the two first chapters, presents an argument for a radical form of species pluralism; part two, which comprises the remaining chapters, discusses the implications of radical species pluralism for the role of (...) class='Hi'>values in species classification. The content of the five chapters is as follows. Chapter 1 starts with a discussion of the theoretical assumptions concerning species and natural kinds that form the broad framework within which the arguments of the thesis are placed. The aim of this chapter is to introduce a set of relatively uncontroversial assumptions that frame the rest of the thesis. On the basis of these assumptions, chapter 2 presents an argument for radical species pluralism. The chapter substantiates this argument with a broad range of examples, and compares this position to other forms of species pluralism. Chapter 3 returns to the main interest of the thesis, namely, the role of values in species classification. It introduces the notion of values and presents an argument for the value-ladenness of taxonomy on the basis of the considerations in the first two chapters. It then sketches three important views on values in science in the literature. Chapter 4 argues that the case presented in chapter 3 provides strong support for one of these views, called the ‘Aims View’, and against two other prominent views, called the ‘Epistemic Priority View’ and the ‘Value-Free Ideal’. The resulting view, in line with the Aims View, is that value-judgments should play a particularly substantial role in species classification. Chapter 5 then considers the popular assumption that these value-judgments in taxonomy commonly take the shape of generally accepted classificatory norms, and argues that this assumption is not tenable. Finally, a brief concluding chapter points at some implications of the claims and arguments in this thesis. (shrink)

Recent rival attempts in the philosophy of science to put forward a general theory of the properties that all (and only) natural kinds across the sciences possess may have proven to be futile. Instead, I develop a general methodological framework for how to philosophically study kinds. Any kind has to be investigated and articulated together with the human aims that motivate referring to this kind, where different kinds in the same scientific domain can answer to different (...) concrete aims. My core contention is that non-epistemic aims, including environmental, ethical, and political aims, matter as well. This is defended and illustrated based on several examples of kinds, with particular attention to the role of social-political aims: species, race, gender, as well as personality disorders and oppositional defiant disorder as psychiatric kinds. Such non-epistemic aims and values need not always be those personally favoured by scientists, but may have to reflect values that matter to relevant societal stakeholders. Despite the general agenda to study ‘kinds,’ I argue that philosophers should stop using the term ‘natural kinds,’ as this label obscures the relevance of humans interests and the way in which many kinds are based on contingent social processes subject to human responsibility. (shrink)

The psychiatric category of addiction has recently been broadened to include new behaviors. This has prompted critical discussion about the value of a concept that covers so many different substances and activities. Many of the debates surrounding the notion of addiction stem from different views concerning what kind of a thing addiction fundamentally is. In this essay, we put forward an account that conceptualizes different addictions as sharing a cluster of relevant properties (the syndrome) that is supported by (...) a matrix of causal mechanisms. According to this “addiction-as-a-kind” hypothesis, several different kinds of substance and behavioral addictions can be thought of as instantiations of the same thing – addiction. We show how a clearly articulated account of addiction can facilitate empirical research and the theoretical integration of different perspectives on addiction. The causal matrix approach provides a promising alternative to existing accounts of the nature of psychiatric disorders, the traditional disease model, and its competitors. It is a positive addition to discussions about diagnostic criteria, and sheds light on how psychiatric classification may be integrated with research done in other scientific fields. We argue that it also provides a plausible approach to understanding comorbidity. (shrink)

Psychopathy attracts considerable interdisciplinary interest. The idea of a group of people with abnormal morality and interpersonal relations raises important philosophical, legal, and clinical issues. However, before engaging these issues, we ought to examine whether this category is scientifically grounded. We frame the issue in terms of the question whether ‘psychopathy’ designates a natural kind according to the cluster approaches. We argue that currently there is no sufficient evidence for an affirmative answer to this question. Furthermore, (...) we examine three ways of dealing with the category of psychopathy. We could eliminate the category, revise it, or subscribe to a more encompassing account of kinds, which could capture psychopathy as it is currently conceptualized. We argue that while a revision of the category of psychopathy is to be expected with empirical and theoretical advancements, we also emphasize its role in clinical and forensic research that makes it an important pragmatic kind. (shrink)

Despite the traditional focus on metaphysical issues in discussions of natural kinds in biology, epistemological considerations are at least as important. By revisiting the debate as to whether taxa are kinds or individuals, I argue that both accounts are metaphysically compatible, but that one or the other approach can be pragmatically preferable depending on the epistemic context. Recent objections against construing species as homeostatic property cluster kinds are also addressed. The second part of the (...) paper broadens the perspective by considering homologues as another example of natural kinds, comparing them with analogues as functionally defined kinds. Given that there are various types of natural kinds, I discuss the different theoretical purposes served by diverse kind concepts, suggesting that there is no clear-cut distinction between natural kinds and other kinds, such as functional kinds. Rather than attempting to offer a unique metaphysical account of ‘natural’ kind, a more fruitful approach consists in the epistemological study of how different natural kind concepts are employed in scientific reasoning. (shrink)

This chapter examines the status of psychopathy as a scientific kind. I argue that the debate on the question whether psychopathy is a scientific kind as it is conducted at present (i.e., by asking whether psychopathy is a natural kind), is misguided. It relies too much on traditional philosophical views of what natural kinds (or: legitimate scientific kinds) are and how such kinds perform epistemic roles in the sciences. The paper introduces (...) an alternative approach to the question what scientific (or: natural) kinds are. On this alternative approach, the Grounded Functionality Account of natural kinds, psychopathy emerges as a “good” scientific kind that is best understood as a region on a multidimensional space of behaviors rather than as a traditional natural kind. (shrink)

Contemporary philosophy of science tells us that scientific theories are “underdetermined” by their accompanying data in a variety of ways. Briefly put, theories are not constructed on data alone. Psychiatric classification is subject to this same kind of underdetermination. Theories may be determined by a combination of data, historical factors, practical constraints, value commitments, and other factors. While practical constraints (like user-friendliness or compatibility across diagnostic systems) are commonly admitted to be influential in shaping psychiatric classification, the idea (...) that values shape psychiatric classification is still a controversial one. This article addresses this controversy by (1) defining a particular domain or type of value commitment (epistemic values), (2) showing how they might be assumed in psychiatric classification, (3) developing a set of conceptual tools to analyze epistemic value content, and (4) applying this set of tools to concretely illustrate how this type of value is “at work” in shaping classification. A classic paper on the dispute between categorical and dimensional models for personality disorders is systematically examined to illustrate this “epistemic value” rubric. (shrink)

What kind of thing is a psychiatric disorder? At present, this is the central question in the philosophy of psychiatry. Answers tend toward one of two opposing views: realism, the view that psychiatric disorders are natural kinds, and constructivism, the view that disorders are products of classificatory conventions. The difficulties with each are well rehearsed. One compelling third-way solution, developed by Peter Zachar, holds that disorders are practical kinds. Proponents of this view are left with (...) the difficult task of explaining what makes practical kinds practical. Kendler, Zachar, and Craver have recently developed a new third-way solution, according to which psychiatric disorders are mechanistic property cluster kinds. This account, already influential in the philosophy of psychiatry, holds that the usefulness of psychiatric kinds is explained by the stability of multilevel mechanisms that generate psychiatric symptoms. We argue that this account, like any that purports to address the central question in the philosophy of psychiatry without first attending carefully to the nature of psychiatry and the difference between its constituent scientific and philosophical parts, will ultimately be committed to untenable views about the nature of psychiatric science, the aims and limitations of scientific inquiry and mechanistic explanations, and the role of values in psychiatry. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Commentary on “Epistemic Value Commitments”Michael Luntley (bio)Keywordsvalue, classificationThe case for treating the underdetermination of psychiatric classification with just the same tools as are employed in solving the more general underdetermination of theory by data is well made by Sadler. Quite what that treatment amounts to, however, raises a number of issues that are not only central to any philosophical conception of the rationality of theory choice, but (...) cut deep into issues about the appropriate model for rational clinical practice.On the face of it, Sadler’s recommendation is plain and looks to clarify the central problems confronting the authors of DSM nosology. The central problem for the construction of DSM guidelines is that there is no algorithm for turning input data concerning observables (behavior patterns) into theoretical classification. A simple-minded positivism would have had us expect that the production of an adequate nosology by symptoms as a mechanical algorithm—plug in the data at one end and the nosology pops out the other end. The interesting philosophical issue concerns how we respond to this underdetermination. I want to note two stages to the response we make.The first stage turns on deciding between thinking (a), that with sufficient further non-observational input some sort of modified algorithm can be produced for psychiatric classification, and thinking (b), that no such modified algorithm is available and that psychiatric classification irredeemably involves an element of judgment. The second stage that I want to explore concerns whether taking option (b) at the first stage seriously undermines the rationality of psychiatric classification and theory choice in general.Sadler seems to favor option (a). He notes that some have responded to the Kuhnian diagnosis of the lack of effective decision procedure for the production of theory by impugning the possibility of any rationality to theory choice and by seeing the activity of theory choice as thoroughly soaked in value commitments that bear the hallmark of ideology rather than rationality. Sadler’s response, however, is to draw attention to a set of values that he calls “epistemic values” that are “intrinsic to the theorizing about and construction of the classification itself.” I see this as a version of what I have called option (a) because Sadler seems to treat these values as extra “bolt-ons” to the algorithm that turns observation into classification. His aim is to clarify the character of these non-observational constraints and then plot the way that their application renders tractable a current dispute in psychiatric nosology between categorical vs. dimensional classifications of personality disorders.Suppose this is the option (a) strategy. The option (a) strategy involves a universalist model [End Page 227] of rationality. What I mean by “universalist” is this: A universalist model of rationality holds that if a transition from input to theory (input to classification) is rational, it is subsumable under a typology of such transitions that issues universal guides such as: Given inputs i 1, i 2... under constraints c 1, c 2..., conclude output/theory T n. A universalist model is distinct from a generalist model, for it accommodates the thought that the permissible routes from input to theory may include routes that are heavily conditioned by all sorts of particularities in the constraints cited in the transition rule. What the universalist does require, however, is that all rational transitions are instances of such a rule, even though the rule is not generalizable to cover all eventualities but is specific to certain particular circumstances. Sadler’s account of epistemic values is then an account that locates the place of these values as constraints that, in tandem with the inputs, determine output in a rule-governed manner.There are a number of problems with this approach that I want to touch on before turning to the main philosophical moral that I would like to draw from Sadler’s paper. The universalist model is a model in which judgment plays no role in the transition from input to output. It is, however, unclear that such a model will really work on the evidence of Sadler’s investigations for a number of reasons. First, his initial definition of a “value” is that of a descriptor... (shrink)

I argue for the importance of clarifying the distinction between metaphysical, semantic, and meta-semantic concerns regarding what Emotion is. This allows us to see that those involved in the Scientific Emotion Project and the Folk Emotion Project are in fact involved in the same project – the Science of Emotion. It also helps us understand why questions regarding the natural kind status of Emotion, as well as answers to questions regarding the value of ordinary language emotion terms or concepts (...) to emotion research, will not help resolve the observed crisis in the Science of Emotion. (shrink)

Richard Boyd’s Homeostatic Property Cluster Theory is becoming the received view of natural kinds in the philosophy of science. However, a problem with HPC Theory is that it neglects many kinds highlighted by scientific classifications while at the same time endorsing kinds rejected by science. In other words, there is a mismatch between HPC kinds and the kinds of science. An adequate account of natural kinds should accurately track the classifications of (...) successful science. We offer an alternative account of natural kinds that better recognizes the diversity of epistemic aims scientists have for constructing classifications. That account introduces the idea of a classificatory program and provides criteria for judging whether a classificatory program identifies natural kinds. (shrink)

The study of social, ethical, and political issues from a naturalistic perspective has been pervasive in social sciences and the humanities in the last decades. This articulation of empirical research with philosophical and normative reflection is increasingly getting attention in academic circles and the public spheres, given the prevalence of urgent needs and challenges that society is facing on a global scale. The contemporary world is full of challenges or what some philosophers have called ‘existential risks’ to humanity. Nuclear wars, (...) natural and/or engineered pandemics, climate change, global totalitarianism, and emergent technologies, are some of the challenges mentioned by many authors devoted to the study of long-term potential risks for the survival of the human species. However, while there are many reasons to be a pessimist about the future of humanity, there is also a lot of ink wasted in showing that the world today is far better than we had in the past and also that there have been many instances of social and moral progress in the last centuries. Some authors have even claimed that “we have made more progress over the last 100 years than in the first 100,000”. According to ‘our world in data’, some of the most relevant advances of humanity in the last centuries have to do with the reduction of poverty and/or inequality, better health and security, the decline of violence and war, and the development of democracy and institutional mechanisms to guarantee individual freedom and rights. Yet, there is a more concrete concern that our world faces nowadays, and requires a particularly detailed analysis. In a few words, the advance in information and communication technologies, the huge volume of people migration because of prevalent instances of global inequality, and the reality of an interconnected world that just mirrors an extensive history of massive human intergroup relations open the question about the feasibility of social and moral progress in the contexts of diverse, multicultural, and unequal societies. This makes it crucial to reflect not only on whether human societies may keep advancing on a path of social progress, but how this can be achieved by addressing the challenges of inequality and potential intergroup conflict. This concern closely relates to the further consolidation of democratic values and the achievement of a more generalized consideration of the equal moral value of human individuals far from group, ethnic, or collective distinctions. This vision of progress follows the moral convictions that have been considered right and worthy to be pursued by most ethical theories explored by philosophers and social scientists so far. This work aims to contribute to the study of the mechanisms and feasibility of social and moral progress grounded on the precept of human equality and is guided by the idea that social and moral progress in a plural world requires the accomplishment of a more democratic and tolerant society. These forms of progress have already been defined by philosophers Allen Buchanan and Russel Powell as inclusivist forms of moral progress. According to these authors, inclusivist moral progress is featured by the transformation of moral judgments, motivations, and norms guided by the rejection of “group-based restrictions on moral standing and moral status” (2018). The work of Buchanan and Powell is fundamental for the argumentation developed in this work since they have pioneered a more complex debate in the field of evolutionary social sciences and philosophical anthropology. In brief, these authors have inquired how human nature, conceptualized by the advances in evolutionary thinking and the empirical sciences, is related to our moral convictions and the possibilities that we have to establish certain forms of social and moral progress. The work of Buchanan and Powell contributes to the debate on moral progress by incorporating empirically-informed concepts and arguments. With this objective in mind, they develop their discussion around a generalized tension between exclusivist and inclusivist forms of moral progress. This tension revolves around the question of whether and to what extent human moral concerns, motivations, and norms, are limited or bounded by social identities, group thinking, or collective values. This question is at the center of this work. In other words, I aim to answer whether and to what extent the nature of our social and moral cognition hinders or enables the development of inclusivist forms of morality and moral progress. As I mentioned so far, the distinction between exclusivist and inclusivist forms of morality has a practical implication and facilitates the reflection on the mechanisms and feasibility of concrete forms of progress based on the precept of human equality, which is the road to progress that we should follow according to most ethical theories. The distinction between exclusivist and inclusivist morality is not used here as a form of summarizing highly divergent descriptive approaches to morality, but as a way to address the practical implications of morality research, particularly around the question of the feasibility of social forms of progress based on the precept of equality and tolerance. My objective then has less to do with offering a conceptualization of human morality or with the proposition of a new ethical perspective. Instead, I aim to identify, from an empirically informed perspective, what enables the achievement of egalitarian forms of social progress, to subsequently offer a normative reflection about what we should do if we want to accomplish such inclusivist forms of progress. This task is of great relevance, having in mind that some theoretical proposals on the matter have claimed that human prosocial behavior and morality are constrained by exclusivist fixed tendencies as a product of our evolutionary history. According to these views, human morality is a group-centered cognitive and behavioral expression that has severe limits in its scope and extent, which hinders in the end the emergence of inclusivist forms of moral concerns and behaviors. These claims align with the philosophical intuition about the ‘dissociation of empathy’, or the fact that human individuals tend to express empathy and sympathy preferably for members of their group whereas their empathic and moral concern and recognition for outgroup individuals tend to be reduced or eliminated in real-life social interactions. Multiple theorists have expressed, however, that these assumptions are wrong for empirical and philosophical reasons, which results in a serious challenge to the conception of human morality as exclusivist by nature. Furthermore, simple intuition and practical experience constantly show us that human individuals can develop and endorse a broad spectrum of moral considerations and adopt an arguably inclusivist stance concerning the kind of persons or agents that deserve moral concern. Moreover, and adopting a historical perspective, the expansion of cultural and commercial exchanges, the consolidation of democracy, the development of welfare states, or the emergence of institutions based on the concept of universal human rights, have partially driven human progress based on the impartial concern for the well-being of persons. These historical instances of cultural evolution and institutional design have shown that it is feasible to promote behaviors and attitudes grounded in impersonal prosocial and inclusivist principles. This optimistic perspective, however, still begs the question of the exact relationship between social, cultural, and historical contexts, and the emergence of certain behavioral expressions of inclusivist morality. This is crucial since a great number of human individuals around the world still do not make part of these instances of social progress, and some authors have suggested that such instances of social and moral progress are particularly favored by the contexts of the WEIRD world, that is the world of Western, Educated, Industrialized, Rich, and Democratic societies. Some of these approaches consider moral inclusivity a ‘luxury good’ and follow the ‘dependency thesis’ according to which the expression of moral inclusivity depends on the presence of very concrete material conditions that trigger inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. This thesis is problematic for various reasons and has led to incomplete explanations about the enabling and causal factors of inclusivist moral progress, as well as unsatisfactory suggestions about what we should do to foster the accomplishment of more generalized instances of progress based on inclusivist concerns. In an attempt to contribute to this debate, the main objective of this thesis is to offer an alternative proposal about the nature of human morality and a more detailed reflection on what we should do if we want to further accomplish such instances of progress. More precisely, this work adopts a particular developmental and constructivist vision of human morality to answer the question of how feasible it is to reach generalized forms of social progress based on the precepts of moral inclusivity. Furthermore, it offers some ideas about what are the most adequate and favorable conditions to foster such progress both at the individual and the collective level. At this point, a preliminary clarification of some starting points is necessary. In the first place, and contrary to what other authors have proposed when debating moral progress from an empirically-based approach, my perspective adopts a radical developmental and constructivist perspective, following particularly the conceptual and empirical ideas of the social-domain theory in moral psychology. From this perspective, morality is a domain of normative and social knowledge that develops and emerges in human interactions. Moral concerns, judgments, and norms are not only the result of the expression of innate adaptive intuitions, nor the product of social conformity and a simple process of mirroring the normativity that communities have established to organize their social life. Human individuals, instead, construct moral concerns and judgments during their situated interactions. More specifically, the constructivist tradition claims that we need to research how moral concerns, judgments, and reasons emerge in social interactions and how human beings construct the content of their moral knowledge in the first place. Based on these ideas, morality is defined here as the result of a constructive process through which human individuals, by the means of constant interactions on a background of mutual respect and recognition, develop evaluative concerns about how we ought to treat others, and how to ‘care’ and ‘respect’ others’ well-being, needs, and vulnerabilities. This developmental-constructivist theory of human psychology contributes to an alternative understanding of the origins of moral variability and informs a very particular normative stance about the most desirable contexts needed for the urgent accomplishment of inclusivist forms of morality in contemporary societies. This is so given that the very same definition of morality adopted presupposes the feature of inclusivity. The main objective of this work is then to argue, based on a developmental perspective, what are the most favorable conditions to foster the development of moral inclusivity and what we should do to accomplish concrete instances of moral progress that truly help us to overcome our most urgent moral challenges. The whole thesis is organized as follows. In part I, I show how received visions about human social evolution have informed conceptions of morality as an adaptive function evolved to solve the challenges of cooperative life. Based on these assumptions, some theories argue that human morality is limited by the boundaries of group thinking, and always obeys the mandates of collective interests and the will of the majority. However, this conception has problematic implications from a normative and ethical perspective. The aim of Chapter 1 is to present this introductory debate in detail. In chapter 2, I consider a relevant amount of scientific evidence that helps to consolidate a more optimistic and inclusivist perspective about the starting conditions of human prosocial behavior. Later, I will summarize some ideas offered to explain the possible evolutionary mechanisms that led to the consolidation of these inclusivist capacities. However, I will also show how evolutionary theories that share the same adaptationist foundations but initially seem relevant to explain the feasibility of moral inclusivity, result incomplete when considering the complexity of moral behavior and its ethical implications. Part II is devoted to presenting a developmental alternative to the adaptationist versions around the starting conditions of morality. In this section, I first summarize the epistemological, conceptual, and empirical basis of a constructivist perspective already proposed by several authors in the last decades. This is the goal of chapter 3. More precisely, I adopt the conceptualization of morality established by the social-domain theory school and clarify its conception of the situated development of moral concerns, motivations, and norms. All these ideas are essential for my argumentation on the feasibility of inclusivist moral progress offered later. Chapter 4 provides a more detailed idea of constructivist thinking about moral development, by analyzing one particular dimension: the development of moral concerns for fairness and the sense of justice in distributive dilemmas. In Part III, I assume a constructivist perspective on morality to contribute to the philosophy of moral progress. In particular, I discuss the implications of such a perspective for the conceptualization of human moral nature and discuss what are the most favorable conditions for moral inclusivity to emerge. Answering that question is of enormous relevance since favoring the transition of human societies towards more inclusivist forms of moral concern and behavior supposes a more generalized accomplishment of our most urgent moral convictions. Previous developmental or culturally-sensible attempts to explore this issue are already on the market. As mentioned before, most authors have approached the topic by situating the cultural evolution and development of (inclusivist) moral progress in the WEIRD world. For instance, some of these authors claim that very concrete material conditions (mostly present in the Western World) have been necessary for triggering inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. Despite their interest in explaining inclusivist morality and the feasibility of inclusivist forms of progress following a naturalistic and culturally situated approach, these theories are problematic for two main reasons. In the first place, most of the authors that explain moral progress tend to focus exclusively on the consolidation of liberal values in the Western world and the underlying adoption of laws, social-epistemic practices, and public narratives about tolerance and inclusivity, as unequivocal signs of inclusivist morality. Nevertheless, there is an enormous distance between the institutional and public support of inclusivist moral values or the construction of public images of tolerance and inclusivity, and the real materialization of impersonal moralities in situated social interactions. Secondly, the variability of human moral behavior is far bigger than most of the theories in moral psychology and moral progress tend to assume. Accordingly, inclusivist and exclusivist forms of morality may develop simultaneously in similar or divergent geographical and socio-ecological environments, including those with harsh conditions such as competition for scarce resources, potential intergroup conflict, and risks of disease transmission. In addition, harsh environmental conditions are usually present in almost all societies around the globe, and the presence of socio-ecological conditions such as physical security and prosperity, predominant in highly resourced populations, do not prevent the existence of exclusivist moral tendencies. My model explores a different perspective on the relationships between cultural, institutional, and historical factors, and the situated development of human morality. This supposes a clear distinction from previous approaches to the matter since it offers a different view on what we should do to pursue further instances of inclusivist social progress. In the fifth chapter, I first analyze the proposals of some defenders of the ‘dependency’ theory. The attention is focused on the ‘Evolutionary Developmental Model’ proposed by Buchanan and Powell (2018). Based on a critique of this approach, I will argue that to explain the evolution and development of human morality in its multiple manifestations, it is essential to put focus on social interactions. This also involves a different perspective on human-environment relations that in line with a constructivist worldview makes an innovative contribution to the philosophy of moral behavior and moral progress. Later, in the sixth chapter, I will define my alternative relational view of inclusivist morality and I will offer my view on how to establish favorable conditions that make inclusivist morality possible. Complementing the constructivist approach, my conception is based on the essential role of equality and individuality and on how moral inclusivity is favored if moral concerns do not develop driven by the accomplishment of group-centered, binding, and communitarian concerns and values. In brief, my relational model suggests that the accomplishment of moral inclusivity not only depends on the overall achievement of certain levels of physical security or economic prosperity. Instead, its development is favored by transforming the interactional contexts in which moral concerns towards autonomy and individuality emerge. In arguing so, I will need to start with a critique of contemporary situated and embodied approaches in ethics. Then, I will show how societies guided by the accomplishment of group-centered values of power, dominance, and relational inequality tend to express exclusivist moral behaviors, while individualistic societies tend to be more inclusivist. Starting from this diagnosis, my final attempt is then to reflect on which are the best conditions for the moral valuation of individuality to emerge and what we should do to promote the accomplishment of moral inclusivity at the societal level. (shrink)

How psychopaths and their capacity for moral action are viewed is not only philosophically interesting but is also important and relevant for policy. The philosophical discussion of psychopathy has focussed upon the psychological faculties that are prerequisites for moral responsibility and empirical findings regarding psychopathy that are relevant to philosophical accounts of moral understanding and motivation. However, there are legitimate worries about whether psychopathy is a robust scientific construct, and there are risks attached to reifying psychopathy (...) or other psychiatric constructs. We defend the concept of psychopathy by pointing out the relevance of empirical studies about it for our ordinary practices of ascribing moral responsibility and folk psychological accounts of moral understanding and motivation. (shrink)

The paper considers whether psychiatric kinds can be natural kinds and concludes that they can. This depends, however, on a particular conception of ‘natural kind’. We briefly describe and reject two standard accounts – what we call the ‘stipulative account’ (according to which apparently a priori criteria, such as the possession of intrinsic essences, are laid down for natural kindhood) and the ‘Kripkean account’ (according to which the natural kinds are just those (...) kinds that obey Kripkean semantics). We then rehearse a more permissive account: Richard Boyd’s ‘homeostatic property cluster’ (HPC) account. We argue that psychiatric kinds can in principle count as natural kinds on the HPC account. Moreover, specific psychiatric kinds (Tourette’s, schizophrenia, etc.) can be natural kinds even if the category psychiatric disorder is not itself a natural kind. (shrink)

This paper defends an ontology of weak entity realism for homeostatic property cluster (HPC) theories of natural kinds, adapted from Bird’s (Synthese 195(4):1397–1426, 2018) taxonomy of such theories. Weak entity realism about HPC kinds accepts the existence of natural kinds. Weak entity realism denies two theses: that (1) HPC kinds have mind-independent essences, and that (2) HPC kinds reduce to entities, such as complex universals, posited only by metaphysical theories. Strong entity realism (...) accepts (1) and (2), whereas moderate entity realism accepts only (1). Given its commitment to (2), strong entity realism is more theoretically complex than weak entity realism, with little explanatory payoff. Given their commitment to (1), moderate and strong entity realisms cannot explain how the identity conditions of HPC kinds are to be straightforwardly knowable. I argue that weak entity realism avoids such epistemic difficulties. I further rebut two plausible criticisms of weak entity realism, namely that weak entity realism cannot account for quantification over kinds, and that weak entity realism cannot provide identity conditions for HPC kinds which are both scientifically useful and objective. Given the theoretical costs of strong and moderate entity realism, and weak entity realism’s adequate response to its most plausible challenges, weak entity realism about HPCs is to be preferred, especially for biological and chemical kinds. (shrink)

This is a dissertation in social ontology, whose goal is to defend a constructivist account of social kinds. First, I show how there is no fully satisfactory characterization or definition of the social, but that we can rely on an intuitive understanding on which entities count as social entities. Second, I clarify what I mean by ‘social category’ or ‘social kind,’ which I define as a partition of entities that bear and share certain social properties. Third, I argue against (...) what I call ‘Natural Boundaries Realism,’ the view according to which there are at least some social kinds that are not constructed. Fourth, I develop my constructivist account, claiming that social kinds are concepts, and showing several ways in which they are created. Fifth, I argue that social kinds may be natural kinds, and that the Stable Property Cluster account of natural kinds is the one that best accommodates the existence of social kinds that are also natural kinds. Finally, I show how values may play a role in the making of social kinds, and how my constructive account accommodates these normative inputs. (shrink)

A large part of the controversy surrounding the publication of DSM-5 stems from the possibility of replacing the purely descriptive approach to classification favored by the DSM since 1980. This paper examines the question of how mental disorders should be classified, focusing on the issue of whether the DSM should adopt a purely descriptive or theoretical approach. I argue that the DSM should replace its purely descriptive approach with a theoretical approach that integrates causal information into the DSM’s (...) descriptive diagnostic categories. The paper proceeds in three sections. In the first section, I examine the goals (viz., guiding treatment, facilitating research, and improving communication) associated with the DSM’s purely descriptive approach. In the second section, I suggest that the DSM’s purely descriptive approach is best suited for improving communication among mental health professionals; however, theoretical approaches would be superior for purposes of treatment and research. In the third section, I outline steps required to move the DSM towards a hybrid system of classification that can accommodate the benefits of descriptive and theoretical approaches, and I discuss how the DSM’s descriptive categories could be revised to incorporate theoretical information regarding the causes of disorders. I argue that the DSM should reconceive of its goals more narrowly such that it functions primarily as an epistemic hub that mediates among various contexts of use in which definitions of mental disorders appear. My analysis emphasizes the importance of pluralism as a methodological means for avoiding theoretical dogmatism and ensuring that the DSM is a reflexive and self-correcting manual. (shrink)

The paper analyzes, on the basis of Ryle’s concepts of knowledge that and knowledge how, both objectified forms of expert knowledge and the performative nature of expertise. Both theoretical and practical aspects of the identified categories are studied from historical and social perspectives as phenomena characteristic of post-modern information society. In virtue of the selected social examples an epistemological model of performative expert knowledge and expertise is constructed in which crucial elements are distinguished: experts’ cognitive attitudes and dispositions, intellectual (...) skills, intuition and mistakes as well as types of interactional versus contributory expertise. Also considered are the epistemological consequences derived from the research concerning expertise in psychiatric treatment where both expert knowledge and expertise fall into line with institutional requirements as well as procedures. (shrink)

The general aim of this article is to consider whether various affective phenomena – feelings like the feeling of knowing, of familiarity, of certainty, etc., but also phenomena like curiosity, interest, surprise and trust – which have been labelled “epistemic emotions” in fact constitute a unified kind, i.e., the kind of the so-called “epistemic emotions”. Obviously, for an affective phenomenon to belong to the kind of the epistemic emotions, it has to meet two conditions: it has to (...) qualify, first, as an emotion, and, second, as an epistemic one. The paper is structured accordingly. The first part is devoted to the question whether the aforementioned affective phenomena really are emotions, while the second part bears on their hypothetical common epistemicity. (shrink)

I argue against Matthew Slater’s rejection of what he calls the grounding claim in his stable property cluster account of natural kinds. This claim states that the epistemic value of natural kinds depends on the existence of some ground to bind together a kind’s properties. Using two test cases from academic medicine, I show that grounds are genuinely explanatory of scientific epistemic practices and that the SPC account should not do without them in (...) its philosophical analysis of natural kinds. (shrink)

The new and vibrant field of the epistemology of democracy, or the inquiry about the epistemic justification of democracy as a social system of procedures, institutions, and practices, as a cross-disciplinary endeavour, necessarily encounters both epistemologists and political philosophers. Despite possible complaints that this kind of discussion is either insufficiently epistemological or insufficiently political, my approach explicitly aims to harmonize the political and epistemic justification of democracy. In this article, I tackle some fundamental issues concerning the nature of (...) the epistemic justification of democracy and the best theoretical framework for harmonizing political and epistemic values. I also inquire whether the proposed division of epistemic labour and the inclusion of experts can indeed improve the epistemic quality of decision-making without jeopardizing political justification. More specifically, I argue in favour of three theses. First, not only democratic procedures but also the outcomes of democracy, as a social system, need to be epistemically virtuous. Second, democracy’s epistemic virtues are more than just a tool for achieving political goals. Third, an appropriate division of epistemic labour has to overcome the limitations of both individual and collective intelligence. (shrink)

John Wilkins and Malte Ebach respond to the dismissal of classification as something we need not concern ourselves with because it is, as Ernest Rutherford suggested, mere ‘‘stamp collecting.’’ They contend that classification is neither derivative of explanation or of hypothesis-making but is necessarily prior and prerequisite to it. Classification comes first and causal explanations are dependent upon it. As such it is an important (but neglected) area of philosophical study. Wilkins and Ebach reject Norwood Russell Hanson’s thesis that classification (...) relies on observation that is theory-laden and deny the need for aetiological assumptions and historical reconstruction to justify its arrangement. What they offer instead is a significant (albeit controversial) contribution to the philosophical literature on classification, a pre-theoretic natural classification based on the observation of patterns in data of ready-made phenomena. Their notion of ready-made phenomena rests on a conception of tacit knowledge or know-how. This is evident in their distinction between strong Theory-dependence and na ̈ıve theory-dependence. Their small t-theory-dependence permits patterns of observation that facilitate know-how but does not rely on a domain-specific explanatory theory of their aetiology. Wilkins and Ebach suggest classification differs from theory building in that it is passive (whereas theory building is active). Classification is possible just because it does not require the sieve of theory to capture classes that are ‘‘handed to you by your cognitive dispositions and the data that you observe’’ (p. 18). Finding regularities sans-theory is just something we do and can do without any prior theory about the underlying causes or origins of the resultant regularities. Luke Howard’s classification of clouds serves as an exemplar of a passive, theory-free classification system and the periodic table and the DSM help to illustrate this type of non-aetiological patterning. A recurrent theme is the nature of naturalness. For Wilkins and Ebach, the conception of naturalness is not one that is based on the generation or discovery of natural kind categories popular in both the traditional metaphysics of Mill and Wittgenstein as well as updated notions within philosophy of biology such as Boyd’s Homeostatic Property Cluster kinds. Instead, Wilkins and Ebach define the naturalness of classification as the falling into hierarchical patterns, aligning the search for natural arrangement with the aim of systematics, and as something that is grounded in a cognitive task or activity. However, they leave the question of realism v. antirealism open. ‘‘In natural classification...we must have real relations no matter how we might interpret ‘real’’’ (p. 70). There is tension with regard to their ontological commitments as they vacillate between constructive, operationalist, and realist approaches. Wilkins and Ebach initially define real as that which is causal and important (pp. 70–71), and later as that which ‘‘depends in no way upon a mind or observer’’ (p. 122). This makes their claim that there was ‘‘no real theory involved [in the pre-Darwinian classifications of Jussieu and Adanson]’’ (p. 64) difficult to interpret. Cont’d……. (shrink)

In this paper, we focus on the propensity toward identifying natural kinds with successful scientific categories in contemporary discussions of natural kinds within the philosophy of science. Success in this case is understood as the fulfillment of epistemic interests or goals in a given field of scientific research. The prevailing view is that, in order to have a theory of natural kinds that successfully captures current scientific practice, the relevant epistemic interests are (...) the current interests of scientists working in a particular field. In contrast, we concur with the Franklin-Hall (2015) that a wider range of possible interests needs to be taken into account, in order to avoid making natural kinds too dependent on the current stage of research. But unlike Franklin-Hall who suggests looking for an intersection between the interests and goals of current epistemic agents and our neighboring epistemic agents (the categorical bottleneck view), we advocate the view that all these different interests and goals need to be taken into account, and thus our view takes into account a much wider range of categories. (shrink)

The articles included in this thesis centre on what can be called the normative basis of risk analysis. Since risk analyses are decision procedures, they should adhere to norms of rational decision-making, and this they do. Most risk analysis schemes are built on a notion of the decision theoretic maxim that the goal of every decision is to maximize expected utility. However, for some thirty years now this maxim has been called into question. The idea is not that it is (...) unreasonable in itself, but that the theoretical construct of which it is a consequence is in some way inappropriate. Idealizations of the theories are criticized for being too excessive. They do not properly cover cases where the decision maker has poor or, as it were, imprecise knowledge. These are situations where risks are not only about the consequences of the decision but also there are risks with the knowledge itself, epistemic risks. If it is important for a normative decision theory to be not only ideal as a theoretical construct, but to have, in addition, a prescriptive purpose, that theory should also be applicable to actual decision makers and to somehow deal with epistemic risks. The first two papers are about what kinds of decision theory there are, and how best to construe them. The first describes the differences between normative, descriptive and prescriptive decision theories. The second asks whether there is anything intrinsic to the theory that makes it normative or descriptive. Paper 3 asks on what grounds risk assessment is required to be separated from risk management in the risk analysis process. It is argued that the separation is there to ensure that epistemic values are held apart from non-epistemic values. The paper ends by arguing that, in efforts to improve risk management decision-making, it is more important to be explicit about scientific uncertainty than it is to separate sets of values. Paper 4 argues for a more complete decision-theoretic basis for risk analysis. The contrast here is with the bifurcated process of maximizing expected utility when sufficient knowledge is available and using the precautionary principle in cases where knowledge is more limited. Paper 5 investigates the notion of epistemic risk in detail. (shrink)

Although clinicians and researchers working in the field of autism are generally not concerned with philosophical categories of kinds, a model for understanding the nature of autism is important for guiding research and clinical practice. Contemporary research in the field of autism is guided by the depiction of autism as a scientific object that can be identified with systematic neuroscientific investigation. This image of autism is compatible with a permissive account of natural kinds: the mechanistic property (...) class='Hi'>cluster (MPC) account of natural kinds, recently proposed as the model for understanding psychiatric disorders. Despite the heterogeneity, multicausality and fuzzy boundaries that complicate autism research, a permissive account of natural kinds (MPC kinds) provides prescriptive guidance for the investigation of objective causal mechanisms that should inform nosologists in their attempt to carve autism’s boundaries at its natural joints. However, this essay will argue that a mechanistic model of autism is limited since it disregards the way in which autism relates to ideas about what kind of behavior is abnormal. As historical studies and definitions of autism show, normative issues concerning disability, impairment and societal needs have been and still are inextricably linked to how we recognize and understand autism. The current search for autism’s unity in neurobiological mechanisms ignores the values, social norms and various perspectives on mental pathology that play a significant role in 'the thing called autism’. Autism research needs to engage with these issues in order to achieve more success in the effort to become clinically valuable. (shrink)

I propound a mechanistic theory of natural kinds in the human sciences. By examining a culture- bound psychiatric disorder, bulimia nervosa, I illustrate how partially socially constructed phenomena raise a serious challenge to traditional theories of natural kinds. As a solution to the challenge, I show how the mechanistic approach allows us to include real but partly socially sustained phenomena among natural kinds. This is desirable because the theory of natural kinds (...) supplies the human sciences with a clear normative account of concept formation. Furthermore, my theory suggests a conceptual framework for interdisciplinary research on complex phenomena. As a prerequisite for the mechanistic approach, the concept of natural kind in the philosophy of science must be distinguished from the use of the notion in other parts of philosophy. (shrink)

Traditional debate on the metaphysics of gender has been a contrast of essentialist and social-constructionist positions. The standard reaction to this opposition is that neither position alone has the theoretical resources required to satisfy an equitable politics. This has caused a number of theorists to suggest ways in which gender is unified on the basis of social rather than biological characteristics but is “real” or “objective” nonetheless – a position I term social objectivism. This essay begins by making explicit (...) the motivations for, and central assumptions of, social objectivism. I then propose that gender is better understood as a real kind with a historical essence, analogous to the biologist’s claim that species are historical entities. I argue that this proposal achieves a better solution to the problems that motivate social objectivism. Moreover, the account is consistent with a post-positivist understanding of the classificatory practices employed within the natural and social sciences. (shrink)

In a recent paper, Cheng and Werning (2016) argue that the class of episodic memories constitutes a natural kind. Endorsing the homeostatic property cluster view of natural kinds, they suggest that episodic memories can be characterized by a cluster of properties unified by an underlying neural mechanism for coding sequences of events. Here, I argue that Cheng & Werning’s proposal faces some significant, and potentially insurmountable, difficulties. Two are described as most prominent. First, the proposal (...) fails to satisfy an important normative constraint on natural kind theorizing, not providing the requisite theoretical resources for arbitration between rival taxonomies of memory. Second, the proposal is in a direct tension with a foundational principle of the HPC view: the rejection of essentialism. This has far-reaching consequences, threatening to undermine the coherence of the proposal. (shrink)

It has recently been argued that the concept of natural kinds should be eliminated because it does not play a productive theoretical role and even harms philosophical research on scientific classification. We argue that this justification for eliminativism fails because the notion of ‘natural kinds’ plays another epistemic role in philosophical research, namely, it enables fruitful investigation into non-arbitrary classification. It does this in two ways: first, by providing a fruitful investigative entry into scientific (...) classification; and second—as is supported by bibliometric evidence—by tying together a research community devoted to non-arbitrary classification. The question of eliminativism then requires weighing off the benefits of retaining the concept against its harms. We argue that the progressive state of philosophical work on natural kinds tips this balance in favour of retaining the concept. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Mild Cognitive Impairment:Kinds, Ethics, and Market ForcesStephen Ticehurst (bio)KeywordsAlzheimer’s disease, dementia, human kinds, mild cognitive impairment, natural kindsIn their article, Graham and Ritchie (2006) robustly confront the term mild cognitive impairment (MCI). They contrast a "real" diagnosis of Alzheimer's disease (AD) with a potentially spurious human invention called MCI. They argue we should not push MCI and AD too close together, lest MCI catch too much (...) of the reflected reality it does not deserve. I agree with their purpose, but suspect their argument is not as clear cut as we might hope.Classification is fundamental to the human activity called science. It is reflected also in the way we allocate and refine words. Classification allows us to determine the usefulness of terms, to share meaning, and hopefully to predict. MCI is an attempt at classification in this manner.The first problem is the clarity of definition. Graham and Ritchie imply that others see MCI as a precursor to dementia. At times they fall prey to this belief themselves. But is this what MCI claims? This link to AD and its recursive coloring of MCI is central to their argument. It seems that many hope that MCI is a term for "at risk of dementia." This confusion hampers much of the debate. The current operationally defined nosological criteria specify MCI is not dementia. This means that MCI can not be dementia without changing the criteria for one or both. At present, the evidence does not support this. Those people with MCI who will go on to develop dementia cannot reliably be distinguished from those who have a defective memory for other reasons. In the meantime, the link between MCI and dementia of various types is a valid area for investigation. Graham and Ritchie should have more confidence that usefulness can be determined by science and that this will triumph in the end.Modern psychiatry is very keen to believe it is naturalistic. Everything can be measured and will soon be explained by physical laws. However, Graham and Ritchie point to the intrusion of human concepts and values that may be shaping the way we measure the natural world. They invoke the term human kind to differentiate this activity from natural kinds. Psychiatry has always struggled to connect its diagnoses to naturalistic ideas of pathology and etiology. It could be argued that psychiatric nosology has always been susceptible to the creations of humans. Another modern invention—early psychosis—has parallels with the MCI story. But as the Rorschach test shows, most of us continue to see shapes in what really [End Page 53] is only an inkblot. If the shape is something we really want to see, expect, or have been trained to look for, so much the better. A definable precursor state to dementia (or schizophrenia) would make us all happy, not just those insatiable shareholders. However, the earlier in the unfolding of degenerative dementia we go, the less reliable and valid are our clinical diagnoses.Graham and Ritchie say MCI is a human kind, unlike Alzheimer's disease, which is an essential natural kind. The authors argue that the purported relationship between MCI and AD feed back in a loop to give MCI a natural kind standing that it does not yet deserve. They examine the underlying social processes that support this firming of an as yet insubstantial concept. These include the desire for patients and their doctors to have hope and pharmaceutical companies to have markets and profits. They invoke a mythical authorized person who can determine a diagnosis as a newly formed kind after a common act of recognition. Using kind in this context appears to refer to a thing rather than a term. But it is the term that is being socially validated, not the thing. AD is a more socially validated term than MCI, but its relationship with reality remains humanly constructed.Does the invocation of kinds aid this argument? A kind is not really what it appears. A kind is a term to describe a concept that humans hold about the world. Therefore, dividing kinds into various types, such as natural, human, and practical, betrays the inevitable human... (shrink)

One primary goal for metaphysical theories of natural kinds is to account for their epistemic fruitfulness. According to cluster theories of natural kinds, this epistemic fruitfulness is grounded in the regular and stable co- occurrence of a broad set of properties. In this paper, I defend the view that such a cluster theory is insufficient to adequately account for the epistemic fruitfulness of kinds. I argue that cluster theories can (...) indeed account for the projectibility of natural kinds, but not for several other epistemic operations that natural kinds support. Natural kinds also play a role in scientific explanations and categorizations. A theory of natural kinds can only account for these additional kind-based epistemic practices if it also analyzes their causal structure. (shrink)

Epistemic value is a kind of value possessed by knowledge, and perhaps other epistemic goods such as justification and understanding. The problem of explaining the value of knowledge is perennial in philosophy, going back at least as far as Plato’s Meno. One formulation of the problem is to explain why and in what sense knowledge is valuable. Another version of the problem is to explain why and in what sense knowledge is more valuable than mere true belief or (...) opinion. This article looks at various formulations of the value problem and various accounts of the value of knowledge in ancient and modern philosophy. The article then considers some contemporary discussions of the value problem, including the charge that reliabilist accounts cannot account for the value of knowledge over mere true belief. Various virtue-theoretic accounts of epistemic value are discussed as possible improvements over process reliabilism, and the epistemic value of understanding (as compared to knowledge) is considered. (shrink)

This paper concludes a special feature of Sustainability Science that explores a broad range of social value theoretical traditions, such as religious studies, social psychology, indigenous knowledge, economics, sociology, and philosophy. We introduce a novel transdisciplinary conceptual framework that revolves around concepts of 'lenses' and 'tensions' to help navigate value diversity. First, we consider the notion of lenses: perspectives on value and valuation along diverse dimensions that describe what values focus on, how their sociality is envisioned, and what (...) epistemic and procedural assumptions are made. We characterise fourteen of such dimensions. This provides a foundation for exploration of seven areas of tension, between: (1) the values of individuals vs collectives; (2) values as discrete and held vs embedded and constructed; (3) value as static or changeable; (4) valuation as descriptive vs normative and transformative; (5) social vs relational values; (6) different rationalities and their relation to value integration; (7) degrees of acknowledgment of the role of power in navigating value conflicts. In doing so, we embrace the 'mess' of diversity, yet also provide a framework to organise this mess and support and encourage active transdisciplinary collaboration. We identify key research areas where such collaborations can be harnessed for sustainability transformation. Here it is crucial to understand how certain social value lenses are privileged over others and build capacity in decision-making for understanding and drawing on multiple value, epistemic and procedural lenses. (shrink)

This paper concludes a special feature of Sustainability Science that explores a broad range of social value theoretical traditions, such as religious studies, social psychology, indigenous knowledge, economics, sociology, and philosophy. We introduce a novel transdisciplinary conceptual framework that revolves around concepts of ‘lenses’ and ‘tensions’ to help navigate value diversity. First, we consider the notion of lenses: perspectives on value and valuation along diverse dimensions that describe what values focus on, how their sociality is envisioned, and what (...) epistemic and procedural assumptions are made. We characterise fourteen of such dimensions. This provides a foundation for exploration of seven areas of tension, between: (1) the values of individuals vs collectives; (2) values as discrete and held vs embedded and constructed; (3) value as static or changeable; (4) valuation as descriptive vs normative and transformative; (5) social vs relational values; (6) different rationalities and their relation to value integration; (7) degrees of acknowledgment of the role of power in navigating value conflicts. In doing so, we embrace the ‘mess’ of diversity, yet also provide a framework to organise this mess and support and encourage active transdisciplinary collaboration. We identify key research areas where such collaborations can be harnessed for sustainability transformation. Here it is crucial to understand how certain social value lenses are privileged over others and build capacity in decision-making for understanding and drawing on multiple value, epistemic and procedural lenses. (shrink)

Philosophers have long been interested in a series of interrelated questions about natural kinds. What are they? What role do they play in science and metaphysics? How do they contribute to our epistemic projects? What categories count as natural kinds? And so on. Owing, perhaps, to different starting points and emphases, we now have at hand a variety of conceptions of natural kinds—some apparently better suited than others to accommodate a particular sort of (...) inquiry. Even if coherent, this situation isn’t ideal. My goal in this article is to begin to articulate a more general account of ‘natural kind phenomena’. While I do not claim that this account should satisfy everyone—it is built around a certain conception of the epistemic role of kinds and has an obvious pragmatic flavour—I believe that it has the resources to go further than extant alternatives, in particular the homeostatic property cluster view of kinds. (shrink)

The aim of this article is to detail some reservations against the beliefs, claims, or presuppositions that current essentialist natural kind concepts (including homeostatic property cluster kinds) model grouping practices in the life sciences accurately and generally. Such concepts fit reasoning into particular preconceived epistemic and semantic patterns. The ability of these patterns to fit scientific practice is often argued in support of homeostatic property cluster accounts, yet there are reasons to think that in the (...) life sciences kind concepts exhibit a diversity of grouping practices that are flattened out by conceptualizing them as natural kinds. Instead this article argues that the process of understanding grouping practices needs to start from a more neutral position independent of any ontological account. Following Love (Acta Biotheor 57:51–75, 2009) this paper suggests that typical natural kind concepts should be broached in the first place as grouping strategies that use a variety of semantic and epistemic tactics to apply group-bound information to tasks of explanation and understanding. (shrink)

Paradigmatically, natural kinds are the kinds of thing or stuff that are classified by the natural sciences. The periodic table provides perhaps the best example of the potential importance of natural kinds for science. In the philosophy of psychiatry, debates over whether mental disorders can be natural kinds emerge because kinds of mental disorder are manifestly different from chemical kinds in various ways. While chemical kinds are precise, psychiatric (...) kinds are fuzzy. While chemical kinds are objective, the identification of psychiatric kinds is value-laden. Psychiatric classification involves classifying people, and unlike chemical elements, those people can respond to being classified in various ways. This chapter goes through these differences, one-by-one, and argues that despite them, mental disorders may be natural kinds. (shrink)

Epistemic Value Monism is the view that there is only one kind of thing of basic, final epistemic value. Perhaps the most plausible version of Epistemic Value Monism is Truth Value Monism, the view that only true beliefs are of basic, final epistemic value. Several authors—notably Jonathan Kvanvig and Michael DePaul—have criticized Truth Value Monism by appealing to the epistemic value of things other than knowledge. Such arguments, if successful, would establish Epistemic Value Pluralism (...) is true and Epistemic Value Monism is false. This paper critically examines those arguments, finding them wanting. However, I develop an argument for Epistemic Value Pluralism that succeeds which turns on general reflection on the nature of value. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

This article briefly considers current positions about whether the inclusion of the perspectives and interests of marginalised groups in the construction of knowledge is of epistemic value. It is then argued that applied social epistemology is the proper epistemic stance to take in evaluating this question. Theorists who have held that diversity makes an epistemic contribution are interpreted as attempting to reform social pathways to knowledge in ways that make true belief more likely. Thus, the demand for (...) diversity challenges the individualistic and a priori nature of traditional epistemology. This stance has consequences for education. It supports greater attention to helping students examine the testimonial bases for their beliefs. And it prepares students for their role as citizens in supporting policies that maintain credible inclusive institutions of public knowledge. (shrink)

The boundaries of social categories are frequently altered to serve normative projects, such as social reform. Griffiths and Khalidi argue that the value-driven modification of categories diminishes the epistemic value of social categories. I argue that concerns over value-modified categories stem from problematic assumptions of the value-free ideal of science. Contrary to those concerns, non-epistemic value considerations can contribute to the epistemic improvement of a scientific category. For example, the early history of the category infantile autism shows (...) how non-epistemic value considerations can contribute to delimiting and establishing infantile autism as a distinct category in mainstream psychiatry. In the case of infantile autism, non-epistemic considerations have led to a new interpretation of existing data, the expansion of research to include biology, and the creation of diagnostic criteria that further contribute to collecting relevant data. Given this case study, it can be argued that non-epistemic values can improve our knowledge of scientific categories. (shrink)

This paper defends a conception of epistemic value that I call the “Simpliciter Conception.” On it, epistemic value is a kind of value simpliciter and being of epistemic value implies being of value simpliciter. I defend this conception by criticizing two others, what I call the Formal Conception and the Hybrid Conception. While those conceptions may be popular among epistemologists, I argue that they fail to explain why anyone should care that things are of epistemic value (...) and naturally undercuts disputes about what is of epistemic value. I end by sketching and locating my conception within some increasingly popular views in meta-normativity. (shrink)

I argue, first, that testimony is likely a natural kind (where natural kinds are accurately described by the homoeostatic property cluster theory) and that if it is indeed a natural kind, it is likely necessarily reliable. I argue, second, that the view of testimony as a natural kind and as necessarily reliable grounds a novel, naturalist global reductionism about testimonial justification and that this new reductionism is immune to a powerful objection to orthodox Humean (...) global reductionism, the objection from the too-narrow induction base. (shrink)