To commemorate 40 years since the founding of the Journal of Business Ethics, the editors in chief of the journal have invited the editors to provide commentaries on the future of business ethics. This essay comprises a selection of commentaries aimed at creating dialogue around the theme The Ethics and Politics of Academic Knowledge Production. Questions of who produces knowledge about what, and how that knowledge is produced, are inherent to editing and publishing academic journals. At the Journal of Business (...) Ethics, we understand the ethical responsibility of academic knowledge production as going far beyond conventions around the integrity of the research content and research processes. We are deeply aware that access to resources, knowledge of the rules of the game, and being able to set those rules, are systematically and unequally distributed. One could ask the question “for whom is knowledge now ethical’”? (See the Burrell commentary.) We have a responsibility to address these inequalities and open up our journal to lesser heard voices, ideas, and ways of being. Our six commentators pursue this through various aspects of the ethics and politics of academic knowledge production. Working with MacIntyre’s scheme of practices and institutions, Andrew West provides commentary on the internal good of business ethics learning and education. Inviting us to step out of the cave, Christopher Michaelson urges a clear-eyed, unblinking focus on the purposes and audiences of business ethics scholarship. As developmental editor, Scott Taylor uncovers some of the politics of peer review with the aim of nurturing of unconventional research. Mike Hyman presents his idiosyncratic view of marketing ethics. In the penultimate commentary, Julie Nelson attributes difficulties in the academic positioning of the Business Ethics field to the hegemony of a masculine-centric model of the firm. And finally, Gibson Burrell provides a powerful provocation to go undercover as researcher-investigators in a parallel ethics of the research process. (shrink)

The present study investigates the importance of emotional disclosure and vulnerability in the production of hegemonic masculinities. Of particular interest is the role that silence and invisibility play in how men talk about recent stressful life events. One-on-one interviews with men who experienced a stressful life event in the past year illustrate how men often talk about these events in simultaneously visible and invisible ways. We use the term “cloudy visibility” to describe this engagement, identified both in terms of what (...) men articulate in relation to their past stressful experiences and how they articulate these experiences within the present moment of the interview. The conversational consequences of these linguistic devices are analyzed to illustrate how men obscure their inner emotional lives, thus reproducing hegemonic masculine ideals of staying strong and stoic in the face of adversity, while they also seek to make aspects of their inner lives seen and heard to an interviewer. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Dr. Ambedkar and Untouchability: Fighting the Indian Caste SystemChristopher S. QueenDr. Ambedkar and Untouchability: Fighting the Indian Caste System. By Christophe Jaffrelot. New York: Columbia University Press, 2005. xiii + 205 pp.Outside of India, Bhimrao Ramji Ambedkar remains virtually unknown. Everyone knows that Mahatma Gandhi led the fight for Indian independence and that his nonviolent marches inspired Dr. King and the American civil rights movement. Most educated men (...) and women have heard of Nehru and some of the political and literary figures that India has produced in modern times. But few know of the first Untouchable to attend college, who went on to earn advanced degrees in the social sciences and law at Columbia University, the London School of Economics, and Grays Inn, who returned to India in the 1920s to launch a civil rights movement for Untouchables, [End Page 168] who drafted the constitution for the Republic of India as its first law minister, and who led a mass conversion to Buddhism weeks before this death.Dr. B. R. Ambedkar (1891–1956) is venerated by millions of Buddhist and low-caste followers in India today, and at the same time feared by politicians determined to preserve the Hindu caste system he vowed to destroy. Admirers call him Babasaheb Ambedkar or simply Baba, using a traditional term of respect for a guiding elder, and many use the greeting Jai Bhim (“Victory to Bhimrao”) within the Untouchable communities. Ambedkar is portrayed on ubiquitous wall calendars, public statues, and home altars alongside that of the Buddha, wearing a Western suit and tie, with the horn-rimmed glasses and pocket pens of a scholar and diplomat. Although widely regarded as a bodhisattva or Buddhist saint, he is never pictured in the robes of a holy man or entreated in prayer by his devotees. And while most of his campaigns for Untouchable human rights were driven back by the Hindu nationalists, many of the provisions of his path-breaking legislation were eventually adopted after his death. In the intervening decades, amid deepening polarization over his legacy, the state government of Maharashtra has published eighteen volumes of Ambedkar’s collected works and the government of India has bestowed on him its highest civilian honor, the Bharat Ratna.Given the dearth of Western scholarship on Ambedkar’s place in the history of modern India and the emergence of socially engaged Buddhism, I welcome Chris-tophe Jaffrelot’s Dr. Ambedkar and Untouchability: Fighting the Indian Caste System. As a social scientist and director of the Centre d’Études et de Recherches Internatio-nales (CERI) who has published more than a dozen books on South Asian politics, Jaffrelot is well qualified to assess Ambedkar’s life and thought. Drawing on a wide range of materials on the social reform movements of the nineteenth and twentieth centuries and Ambedkar’s contributions to sociology and politics, the author aims to redress Ambedkar’s neglect by Indian scholars before the 1990s, when the low-caste movement began finally to gain traction. However, he does not address the anomaly of Ambedkar’s neglect by all but a small circle of Western authors.1The strength of Dr. Ambedkar and Untouchability is its concise analysis of the geographical, political, and social context of Ambedkar’s career. Jaffrelot shows how British recruitment of the Mahars, members of Ambedkar’s lowly but numerous caste, for service in the colonial army resulted in disproportionate levels of literacy. Ambedkar was the fourteenth child in such a military family, whose father held the rank of major and served as a school master for the barracks. Both parents and all of Bhimrao’s uncles could read and write, compared to less than one percent of Mahars in village life. Moreover, in spite of his brilliance and determination, Ambedkar could not have continued his education without the financial support of Maratha maharajahs who opposed the Brahmins’ monopoly in education. “Ambedkar was the heir to a regional tradition; his struggle harked back to the anti-Brahmin movements which emerged in western Maharashtra from the mid-nineteenth century onward, a precocity that only the Dravidian South—the other key area of anti-Brahmin mobilization—could match.”Jaffrelot presents... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Vice and Naturalistic OntologyChristopher R. Williams (bio)Keywordscausality, criminality, determinism, medical model, positivismThese questions have been posed: Is vice (encompassing criminal and other wrongful conduct) best regarded as “sick” behavior, “immoral” behavior, or some other type altogether? Are we to understand vice in natural-medical terms, or are we better served by utilizing a moral framework? Is criminality reducible to and best categorized as a metaphysical type the essential features of (...) which are neurological or otherwise biological in nature? Or, perhaps, is criminality closer to a (non-natural) sociological type, the essential features of which can be understood only through reference to social norms and cultural conventions? These are torturously involved philosophical and theoretical questions that have given rise to an equally torturous volume of literature. Without pretending to do justice to these questions or their corresponding literature, several key considerations that must be inserted into and accounted for within the discursive pursuit of these inquiries are worth noting.Where a naturalistic ontology is employed within the study of vice, we reduce the intricacies of deviant behavioral phenomena to what we presume to be their underlying medical/biological properties. It is worth remembering that behavior itself cannot rightfully be said to be “sick”; rather, what we mean to say is that the behavior in question—in our case, various forms of “vice”—is symptomatic of some underlying illness or medical/biological condition. The presumed underlying sickness and the behavior itself are distinct, ontologically linked only through their theorized relationship to one another. This, then, is a key assumption of the medical approach to vice and its ontological classification as a natural-medical kind: that there exists a relationship between the behavior (a symptom) and the underlying illness or medical condition, and that the relationship is of the causal kind. Vice, it is suggested, is a change in state that is caused by (or, at the very least, is a direct consequence of) sickness or illness. Second, to legitimate such attributions, the illness supplying the requisite causal force must be identifiable and its causal connection to the behavior must be or be capable of being sufficiently explicated. In other words, once we have identified the relevant medical/biological properties and the behavior to which they stand in causal relatedness, we must be prepared to characterize this dynamic—we must be able to show exactly how and why such and such a condition gives rise to such and such a behavior.Problematically, causation itself is and has always been a contentious metaphysical specimen. Hume (1955) reminded us of the troubling reality [End Page 39] that we cannot ever “see” one thing cause or necessitate another. We are left, rather, to merely presume the existence of causal relationships between things. How is it, exactly, that disorder in neurodevelopment can necessitate certain behavioral outcomes? Even if we can “see” (in the empirical sense) the disorder and equally “see” the behavior, we cannot of course witness the precise causal action of the former upon the latter. Even if we are content inferring causal action in such cases, we still need to demonstrate the basic conditions of causality. To show that Condition X is causally related Behavior Y, we need to show that they are regularly associated with one another, that Condition X temporally preceded Behavior Y and, most challengingly, that no other conditions or factors have an intervening (e.g., additive, synergistic) influence. Hypothetically, if we were to posit a causal relationship between schizotypal personality traits and violent behavior, we would need to establish: (1) that schizotypal traits and violent behavior regularly coexist; (2) that those traits presented before the manifestation of the violent behavior; and (3) that no other factors (biological, psychological, and/or sociological) contributed in any meaningful way to those manifestations. We would thus need to systematically rule out family dynamics, income, education, intelligence, substance use, and so forth, as contributing factors. If, in turn, we were to determine that the presence of schizotypal traits alone is not sufficient—even if a necessary condition—to produce violent behavior but, rather, that those traits act in concert with other variables to produce the behavior, then we would not truly be... (shrink)

Dr Lloyd writes for those who want to discover and explore Aristotle's work for themselves. He acts as mediator between Aristotle and the modern reader. The book is divided into two parts. The first tells the story of Aristotle's intellectual development as far as it can be reconstructed; the second presents the fundamentals of his thought in the main fields of inquiry which interested him: logic and metaphysics, physics, psychology, ethics, politics, and literary criticism. The final chapter considers the unity (...) and coherence of Aristotle's philosophy, and records briefly his later influence on European thought. This is a concise and lucid account of the work of a difficult and profound thinker. Dr Lloyd's business is only with the essentials; but he does not shirk the difficulties which arise in their interpretation, nor does he invest Aristotle with a spurious modernity. (shrink)

A common account sees the human genome sequencing project of the 1990s as a “natural outgrowth” of the deciphering of the double helical structure of DNA in the 1950s. The essay aims to complicate this neat narrative by putting the spotlight on the field of human chromosome research that flourished at the same time as molecular biology. It suggests that we need to consider both endeavors – the human cytogeneticists who collected samples and looked down the microscope and the molecular (...) biologists who probed the molecular mechanisms of gene function – to understand the rise of the human genome sequencing project and the current genomic practices. In particular, it proposes that what has often been described as the “molecularization” of cytogenetics could equally well be viewed as the turn of molecular biologists to human and medical genetics – a field long occupied by cytogeneticists. These considerations also have implications for the archives that are constructed for future historians and policy makers. (shrink)

This book addresses critical issues in normative ethical theory. Every such theory must contain not only a theory of motivation but also a theory of value, and the link that is often forged between what is valuable and what would be right is human welfare or well-being. This topic is a subject of considerable controversy in contemporary ethics, not least because of the current reconsideration of utilitarianism. Indeed, there is as much disagreement about the nature of value and its relationship (...) to welfare and morality, as there is about the substantive content of normative ethical theories. The essays in this collection, all written by a distinguished team of moral philosophers, provide an overview, analysis and an attempted resolution of those controversies. They constitute a rigorous account of the relationships among value, welfare and morality. (shrink)

Applied or practical ethics is perhaps the largest growth area in philosophy today, and many issues in moral, social, and political life have come under philosophical scrutiny in recent years. Taken together, the essays in this volume – including two overview essays on theories of ethics and the nature of applied ethics – provide a state-of-the-art account of the most pressing moral questions facing us today. Provides a comprehensive guide to many of the most significant problems of practical ethics Offers (...) state-of-the-art accounts of issues in medical, environmental, legal, social, and business ethics Written by major philosophers presently engaged with these complex and profound ethical issues. (shrink)

In recent years, countries have begun to establish ministries of transitional justice as part of political transitions from authoritarianism to democracy or from conflict to peace. This may reflect a broader historical trend in the administration of TJ, which has evolved from isolated offices within a particular ministry to ad hoc cross-ministry coordinating bodies to the establishment of dedicated ministries. The reasons for the establishment of specific ministries to pursue TJ, what we call ministerialization, have not attracted scholarly attention. This (...) article explores the causes and likely consequences of this development. In particular, it applies international relations, comparative politics, and public policy theories to explain the phenomenon. Contrary to some TJ literature that is concerned about hegemonic transnational discourse, international actors have played little to no role in shaping how TJ is bureaucratically managed. Rather, based upon fieldwork in Solomon Islands and Tunisia, the article concludes that ministerialization has been the result of domestic policy entrepreneurship. For TJ ministries to become a norm, however, more transnational actors will need to be convinced of the benefits of such an institutional arrangement. (shrink)

Within this paper I draw on short vignettes and quotes taken from a two-year ethnographic study of boxing to think through the continuing academic merit of the notion of the male preserve. This is an important task due to evidence of shifts in social patterns of gender that have developed since the idea was first proposed in the 1970s. In aligning theoretical contributions from Lefebvre and Butler to discussions of the male preserve, we are able to add nuance to our (...) understanding of how such social spaces are engrained with and produced by the lingering grasp of patriarchal narratives. In particular, by situating the male preserve within shifting social processes, whereby certain men’s power is increasingly undermined, I highlight the production of space within which narratives connecting men to violence, aggression, and physical power can be consumed, performed, and reified in a relatively unrestricted form. This specific case study contributes to gender theory as an illustration of a way in which we might explore and understand social enclaves where certain people are able to lay claim to space and power. As such, I argue that the notion of the male preserve is still a useful conceptual, theoretical, and political device, especially when considered as produced by the tyranny of gender power through the dramatic representation and reification of behaviors symbolically linked to patriarchal narrations of manhood. (shrink)

How are causal judgements such as 'The ice on the road caused the traffic accident' connected with counterfactual judgements such as 'If there had not been any ice on the road, the traffic accident would not have happened'? This volume throws new light on this question by uniting, for the first time, psychological and philosophical approaches to causation and counterfactuals. Traditionally, philosophers have primarily been interested in connections between causal and counterfactual claims on the level of meaning or truth-conditions. More (...) recently, however, they have also increasingly turned their attention to psychological connections between causal and counterfactual understanding or reasoning. At the same time, there has been a surge in interest in empirical work on causal and counterfactual cognition amongst developmental, cognitive, and social psychologists--much of it inspired by work in philosophy. In this volume, twelve original contributions from leading philosophers and psychologists explore in detail what bearing empirical findings might have on philosophical concerns about counterfactuals and causation, and how, in turn, work in philosophy might help clarify the issues at stake in empirical work on the cognitive underpinnings of, and relationships between, causal and counterfactual thought. (shrink)

Do dissociations imply independent systems? In the memory field, the view that there are independent implicit and explicit memory systems has been predominantly supported by dissociation evidence. Here, we argue that many of these dissociations do not necessarily imply distinct memory systems. We review recent work with a single-system computational model that extends signal-detection theory (SDT) to implicit memory. SDT has had a major influence on research in a variety of domains. The current work shows that it can be broadened (...) even further in its range of application. Indeed, the single-system model that we present does surprisingly well in accounting for some key dissociations that have been taken as evidence for independent implicit and explicit memory systems. (shrink)

This article examines closely an important passage at the conclusion of the Mahābhārata wherein the final state of the epic heroes after death is defined. The Critical Edition’s phrasing of what precisely became of the characters once they arrived in heaven is unclear, and manuscript variants offer two apparently contradictory readings. In this article I present evidence in support of one of these readings, and respond to the Mahābhārata ’s seventeenth century commentator Nīlakaṇṭha Caturdhara, who champions the other. Underlying and (...) prompting this debate is a much broader issue of the epic narrative: the complex nature of the Mahābhārata heroes as both agents in a universe governed by karma , and their identities as “portions” of divine figures acting within a broader dramatic structure of eschatological myth. (shrink)

In recognition memory paradigms, emotional details are often recognised better than neutral ones, but at the cost of memory for peripheral details. We previously provided evidence that, when periph...

Method as Identity considers how social identity shapes methodological standpoints. With a refreshing hip hop sensibility, Miller and Driscoll reorient the contemporary academic study of religion toward recognition of the costs and benefits of manufacturing “critical” distance from our objects of study.

La investigación ecológica a largo plazo (Long Term Ecological Research, LTER) maneja problemas que abarcan décadas o plazos más largos. El programa y su nombre formal comenzaron en Estados Unidos en 1980. Si bien los estudios y observaciones a largo plazo comenzaron tempranamente en 1400 y 1800 en Asia y Europa, respectivamente, el enfoque a largo plazo no se formalizó sino hasta el establecimiento de los programas de investigación ecológica de largo plazo en Estados Unidos. Estos programas han permitido experimentos (...) a nivel de ecosistemas y comparaciones entre sitios que condujeron a una mejor comprensión de la estructura y funcionamiento de la biosfera. El enfoque ecosistémico holístico de esta iniciativa permite también la incorporación de la dimensión humana en la ecología, y recientemente ha dado lugar al nuevo concepto de investigación socio-ecológica de largo plazo (LTSER). Hoy los programas de investigación socio-ecológica a largo plazo existen en por lo menos 32 países (esto es, los miembros de la Red Internacional de Investigación Ecológica a Largo Plazo o ILTER (International Long Term Ecological Research). Sin embargo, la consolidación de la red internacional dentro del paradigma de investigación socio-ecológica a largo plazo todavía requiere: (1) inclusión de algunas regiones remotas del mundo que aún están poco representadas, como el suroeste de América del Sur; (2) modificaciones en el tipo de investigación realizado, tales como la integración de las ciencias sociales y naturales con las humanidades y la ética, y (3) la incorporación de las conclusiones y resultados dentro de los procesos sociales y políticos. En este contexto, la naciente red de investigación socio-ecológica a largo plazo en Chile, que se extiende en el rango latitudinal más largo de bosque templado en el Hemisferio Sur, agrega una nueva región remota a las investigaciones ecológicas de largo plazo que había sido pasada por alto anteriormente. Además, la colaboración con la Universidad de North Texas y otros asociados internacionales ayuda a desarrollar un enfoque interdisciplinario para integrar las ciencias ecológicas y la filosofía ambiental, junto con los conocimientos ecológicos tradicionales, la educación informal y formal, la política, las humanidades, los procesos socio-políticos y la conservación biocultural. (shrink)

We present a new modeling framework for recognition memory and repetition priming based on signal detection theory. We use this framework to specify and test the predictions of 4 models: (a) a single-system (SS) model, in which one continuous memory signal drives recognition and priming; (b) a multiple-systems-1 (MS1) model, in which completely independent memory signals (such as explicit and implicit memory) drive recognition and priming; (c) a multiple-systems-2 (MS2) model, in which there are also 2 memory signals, but some (...) degree of dependence is allowed between these 2 signals (and this model subsumes the SS and MS1 models as special cases); and (d) a dual-process signal detection (DPSD1) model, 1 possible extension of a dual-process theory of recognition (Yonelinas, 1994) to priming, in which a signal detection model is augmented by an independent recollection process. The predictions of the models are tested in a continuous-identification-with-recognition paradigm in both normal adults (Experiments 1–3) and amnesic individuals (using data from Conroy, Hopkins, & Squire,2005). The SS model predicted numerous results in advance. These were not predicted by the MS1 model, though could be accommodated by the more flexible MS2 model. Importantly, measures of overall model fit favored the SS model over the others. These results illustrate a new, formal approach to testing theories of explicit and implicit memory. (shrink)

'Correlations without correlata' is an influential way of thinking of quantum entanglement as a form primitive correlation which nonetheless maintains locality of quantum theory. A number of arguments have sought to suggest that such a view leads either to internal inconsistency or to conflict with the empirical predictions of quantum mechanics. Here wew explicate and provide a partial defence of the notion, arguing that these objections import unwarranted conceptions of correlation properties as hidden variables. A more plausible account sees the (...) properties in terms of Everettian relative states. The ontological robustness of entanglement is also defended from recent objections. (shrink)

Public health advocates, government agencies, and commercial organizations increasingly use nutritional science to guide food choice and diet as a way of promoting health, preventing disease, or marketing products. We argue that in many instances such references to nutritional science can be characterized as nutritional scientism. We examine three manifestations of nutritional scientism: the simplification of complex science to increase the persuasiveness of dietary guidance, superficial and honorific references to science in order to justify cultural or ideological views about food (...) and health, and the presumption that nutrition is the primary value of food. This paper examines these forms of nutritional scientism in the context of biopolitics to address bioethical concerns related to the misuse of scientific evidence to make claims regarding the effect of diet on health. We argue that nutritional scientism has ethical implications for individual responsibility and freedom, concerning iatrogenic harm, and for well-being. (shrink)

Each volume in the Purdue University Press Series in the History of Philosophy examines the fundamental ideas of a single philosopher, presenting one basic text by the thinker in question, and supplementing this by “a very thorough and up-to-date commentary.” The format is most successful when a reasonably short classic work containing the subject’s most important claims can be found. We might expect it to work much less well with a thinker like Peirce, serious study of whose work cannot avoid (...) taking seriously a large number of different papers and lectures: good reasons can be found for regarding any selection of a basic text unsatisfactory. It is thus a pleasure to report that Douglas Anderson met this challenge with considerable success. The commentary is of very high quality; and his choice of texts, although initially surprising, works very well. (shrink)

This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort and criminal law. The book is divided into four sections. The first provides a conceptual overview of the issues at stake in a philosophical discussion of liability and responsibility. The second, third and fourth sections present, in turn, more detailed explorations of the roles of notions of liability and responsibility in (...) contracts, torts and punishment. The collection not only presents some of the most challenging work in legal philosophy, but it also demonstrates the interdisciplinary character of the field of philosophy of law, with contributors taking into account recent developments in economics, political science and rational choice theory. This thought-provoking volume will help to shed light on the underexplored ground that lies between law and morals. (shrink)

How are causal judgements such as 'The ice on the road caused the traffic accident' connected with counterfactual judgements such as 'If there had not been any ice on the road, the traffic accident would not have happened'? This volume throws new light on this question by uniting, for the first time, psychological and philosophical approaches to causation and counterfactuals. Traditionally, philosophers have primarily been interested in connections between causal and counterfactual claims on the level of meaning or truth-conditions. More (...) recently, however, they have also increasingly turned their attention to psychological connections between causal and counterfactual understanding or reasoning. At the same time, there has been a surge in interest in empirical work on causal and counterfactual cognition amongst developmental, cognitive, and social psychologists--much of it inspired by work in philosophy. In this volume, twelve original contributions from leading philosophers and psychologists explore in detail what bearing empirical findings might have on philosophical concerns about counterfactuals and causation, and how, in turn, work in philosophy might help clarify the issues at stake in empirical work on the cognitive underpinnings of, and relationships between, causal and counterfactual thought. (shrink)

The present study tests a gestalt explanation for the gambler's fallacy which posits that runs in random events will be expected to reverse only when the run is open or ongoing. This is contrasted with the law of small numbers explanation suggesting that people expect random outcomes to balance out generally. Sixty-one university students placed hypothetical guesses and bets on a series of coin tosses. Either heads or tails were dominant . In a closed run condition the run ended prior (...) to the critical trial , and in an open run condition the run remained open . As hypothesised, participants showed the gambler's fallacy in the open run condition, but not in the closed run condition. This difference is not due to differential memory for the outcomes. Men, and people with more previous experience gambling, were also found to be more prone to the gambler's fallacy. It is argued that the gestalt explanation best explains the results. (shrink)

Antisocial behaviors including bullying, violence, and aggression have been an area of intense interest among researchers, clinicians, policy makers, and the general public because of their grievous consequences on individuals and society. Our understanding of the origins and development of these behaviors in individuals has recently progressed with the application of new scientific advancements and technologies such as neuroimaging, genomics, and research methods that capture behavioral changes in the first few years of life.The Origins of Antisocial Behavior: A Developmental Perspective (...) provides an overview of the recent research on the development of antisocial behavior and synthesizes this information to inform readers not only of the risks, but also how they interact, to result in antisocial and aggressive behavior. The volume is divided into three sections: advances in neuroscience, advances in behavioral and clinical research, and legal and policy implications. Specific topics include genetic markers and aggressive behavior, the use of fMRI to track adolescent brain development, the role of peer influences on aggression, parenting and temperament, screening tools for diagnosing antisocial behavior in toddlers and adolescents, and how new research will influence interventions, policy, and future study. Experts from genetics, neuroimaging, and developmental science discuss the insights these scientific approaches have provided in understanding how nature and the environment interact in the emergence of antisocial behavior. The Origins of Antisocial Behavior is an important and unique resource that will be of use to developmental scientists, mental health professionals, and policymakers involved in the juvenile justice system. (shrink)

Extensive literatures exist on the epistemology of testimony, memory, and perception, but for the most part these literatures do not systematically consider the extent of the analogies between the three epistemic sources. A number of the same problems reappear in all three literatures, however. Dealing simultaneously with all three sources and making a careful accounting of the analogies and disanalogies between them should therefore avoid unnecessary duplication of effort. Other than limits on the scope of which memorially- and testimonially-based beliefs (...) should be included in the Parity Thesis, I argue that most of the disanalogies that different philosophers have proffered between the sources do not mark distinctions among the universes of possible testimonially-, memorially-, and perceptually-based beliefs regarding the explanation of those beliefs' epistemic status. I first criticize the suggestion that perception is a generative epistemic source, while testimony and memory are not; I propose and defend counterexamples in which testimony and memory produce new beliefs. Next, I criticize a variety of distinctions that have been drawn between testimony and perception, taken chiefly from the reductionist-antireductionist literature on testimony. I criticize the suggestion that the conceptualization of content and the transparency of experience affect the epistemologies of testimony and perception in different ways. Regarding memory and testimony, I advocate modeling testimony on the legal relationship of a principal and an agent, arguing that law's apparatus used to analyze such situations suggests that using others' epistemic services in testimony will supply the same epistemic benefits and burdens as if we had performed those epistemic tasks personally and then relied only on memory. I apply this analysis to the transmission of defeaters in testimony. I argue that memory does feature the epistemic equivalent of a perceptual image and that both perceptually- and memorially-based beliefs can concern either the past or the present. Finally, I construct a set of six transformations that turn individual possible instances of perceptually-, memorially-, or testimonially-based beliefs into individual possible instances of the other two types of beliefs without changing the structure of those beliefs' epistemologies. (shrink)

I deploy the sense-reference distinction and its kin from the philosophy of language to answer the question what in constitutional interpretation should, and should not, be able to change after founders adopt a constitutional provision. I suggest that a constitutional expression's reference, but not its sense, can change. Interpreters should thus give founders' assessments of reference only Skidmore-level deference. From this position, I criticize the theories of constitutional interpretation offered by Raoul Berger, Jed Rubenfeld, and Richard Fallon, and apply the (...) theory to whether the Fourteenth Amendment forbids racial segregation in public schools. (shrink)