Sommers, Roseanna. Commonsense Consent
2020, Yale Law Journal, 2232
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Added by: Tomasz Zyglewicz, Shannon Brick, Michael GreerAbstract:
Consent is a bedrock principle in democratic society and a primary means through which our law expresses its commitment to individual liberty. While there seems to be broad consensus that consent is important, little is known about what people think consent is. This article undertakes an empirical investigation of people’s ordinary intuitions about when consent has been granted. Using techniques from moral psychology and experimental philosophy, it advances the core claim that most laypeople think consent is compatible with fraud, contradicting prevailing normative theories of consent. This empirical phenomenon is observed across over two dozen scenarios spanning numerous contexts in which consent is legally salient, including sex, surgery, participation in medical research, warrantless searches by police, and contracts. Armed with this empirical finding, this Article revisits a longstanding legal puzzle about why the law refuses to treat fraudulently procured consent to sexual intercourse as rape. It exposes how prevailing explanations for this puzzle have focused too narrowly on sex. It suggests instead that the law may be influenced by the commonsense understanding of consent in all sorts of domains, including and beyond sexual consent. Meanwhile, the discovery of “commonsense consent” allows us to see that the problem is much deeper and more pervasive than previous commentators have realized. The findings expose a large—and largely unrecognized—disconnect between commonsense intuition and the dominant philosophical conception of consent. The Article thus grapples with the relationship between folk morality, normative theory, and the law.Comment (from this Blueprint): Content warning: details of rape. This article presents a series of experimental studies that have an important result for understanding a legal puzzle that has plagued many feminist theorists. Sommers argues that the dominant explanation of the puzzle has been wrongly diagnosed by feminist theorists, and that attention to folk intuitions about the nature of consent can explain the law's inconsistent treatment of consent that is procured by deception.Song, Sarah. Justice, Gender, and the Politics of Multiculturalism2007, Cambridge University Press.-
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Added by: Clotilde Torregrossa, Contributed by: Sarah Song
Publisher's Note: Justice, Gender and the Politics of Multiculturalism explores the tensions that arise when culturally diverse democratic states pursue both justice for religious and cultural minorities and justice for women. Sarah Song provides a distinctive argument about the circumstances under which egalitarian justice requires special accommodations for cultural minorities while emphasizing the value of gender equality as an important limit on cultural accommodation. Drawing on detailed case studies of gendered cultural conflicts, including conflicts over the 'cultural defense' in criminal law, aboriginal membership rules and polygamy, Song offers a fresh perspective on multicultural politics by examining the role of intercultural interactions in shaping such conflicts. In particular, she demonstrates the different ways that majority institutions have reinforced gender inequality in minority communities and, in light of this, argues in favour of resolving gendered cultural dilemmas through intercultural democratic dialogue.Comment : The book combines political philosophy with case studies exploring conflicts between gender equality and multiculturalism. It could be used in graduate or undergraduate courses on the topic of gender and multiculturalism, paired with Susan Okin's 'Is Multiculturalism Bad for Women?'Song, Sarah. Multiculturalism, Stanford Encyclopedia of Philosophy-
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Added by: Clotilde Torregrossa, Contributed by: Sarah SongAbstract:
Article: The article examines the idea of multiculturalism in contemporary political philosophy. It considers the variety of justifications for multiculturalism, including communitarian, liberal egalitarian, anti-domination, and historical injustice arguments. It then surveys a number of critiques of multiculturalism. It concludes by discussing concerns about political backlash and retreat from multiculturalism in the Western liberal democratic countries.Comment : This Stanford Encyclopedia of Philosophy piece provides an accessible introduction to the idea of multiculturalism and its various justifications and critiques.Spaulding, Shannon. Mirror Neurons and Social Cognition2013, Mind and Language 28 (2):233-257-
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Added by: Andrea Blomqvist
Abstract: Mirror neurons are widely regarded as an important key to social cognition. Despite such wide agreement, there is very little consensus on how or why they are important. The goal of this paper is to clearly explicate the exact role mirror neurons play in social cognition. I aim to answer two questions about the relationship between mirroring and social cognition: What kind of social understanding is involved with mirroring? How is mirroring related to that understanding? I argue that philosophical and empirical considerations lead us to accord a fairly minimal role for mirror neurons in social cognition.Comment : What processes enable mindreading is a prominent debate in social cognition. A view that has been proposed in recent years is that mirror neurons play a role in mindreading (for example suggested by Goldman, 2006). However, exactly which conclusions mirror neuron research allows us to draw is controversial, and here Spaulding provides interesting objections to a prominent mirror neuron study. This paper is particularly suitable in a social cognition module.Spaulding, Shannon. Simulation Theory2016, In Amy Kind (ed.), Handbook of Imagination. Routledge Press. pp. 262-273.-
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Added by: Andrea Blomqvist
Abstract: In this chapter, I discuss three aspects of the ST: the concept of simulation, high level simulation, and low level simulation. In the next section, I argue for a more precise characterization of the concept of simulation. In sections 3 and 4, I discuss high level simulation and lowI level simulations, which are quite different in some respects.Comment : This article introduces the reader to Simulation Theory, and would be a good substitute on for any introductory text by Goldman. It would be suitable in any module on social cognition for any year.Spaulding, Shannon. Imagination, Desire, and Rationality2015, Journal of Philosophy 112 (9):457-476 (2015)-
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Added by: Andrea Blomqvist
Abstract: We often have affective responses to fictional events. We feel afraid for Desdemona when Othello approaches her in a murderous rage. We feel disgust toward Iago for orchestrating this tragic event. What mental architecture could explain these affective responses? In this paper I consider the claim that the best explanation of our affective responses to fiction involves imaginative desires. Some theorists argue that accounts that do not invoke imaginative desires imply that consumers of fiction have irrational desires. I argue that there are serious worries about imaginative desires that warrant skepticism about the adequacy of the account. Moreover, it is quite difficult to articulate general principles of rationality for desires, and even according to the most plausible of these possible principles, desires about fiction are not irrational.Comment : This would function well as a required reading in a week on why we have emotional reactions to fiction, probably in a course for senior undergraduate students. It is suitable for a philosophy of fiction module.Spaulding, Shannon. Mind Misreading2016, Philosophical Issues 26 (1): 422-440.-
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Added by: Andrea Blomqvist
Abstract: Most people think of themselves as pretty good at understanding others' beliefs, desires, emotions, and intentions. Accurate mindreading is an impressive cognitive feat, and for this reason the philosophical literature on mindreading has focused exclusively on explaining such successes. However, as it turns out, we regularly make mindreading mistakes. Understanding when and how mind misreading occurs is crucial for a complete account of mindreading. In this paper, I examine the conditions under which mind misreading occurs. I argue that these patterns of mind misreading shed light on the limits of mindreading, reveal new perspectives on how mindreading works, and have implications for social epistemology.Comment : Unlike most papers in the mindreading debate, this paper focuses on the cases in which we fail to mindread. It relates these cases to self-awareness, and suggests how this could be explored to shed light on peer disagreement and epistemic injustice. This paper would fit in well in a social cognition syllabus.Spaulding, Shannon. Imagination Through Knowledge2016, In Amy Kind & Peter Kung (eds.), Knowledge Through Imagination. Oxford University Press. pp. 207-226 (2016)-
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Added by: Andrea Blomqvist
Abstract: Imagination seems to play an epistemic role in philosophical and scientific thought experiments, mindreading, and ordinary practical deliberations insofar as it generates new knowledge of contingent facts about the world. However, it also seems that imagination is limited to creative generation of ideas. Sometimes we imagine fanciful ideas that depart freely from reality. The conjunction of these claims is what I call the puzzle of knowledge through imagination. This chapter aims to resolve this puzzle. I argue that imagination has an epistemic role to play, but it is limited to the context of discovery. Imagination generates ideas, but other cognitive capacities must be employed to evaluate these ideas in order for them to count as knowledge. Consideration of the Simulation Theory's so-called 'threat of collapse' provides further evidence that imagination does not, on its own, yield new knowledge of contingent facts, and it suggests a way to supplement imagination in order to get such knowledge.Comment : This is a relatively difficult paper, but it deals with the interesting topic of whether we can get knowledge through imagination. It would be suitable to suggest as a further reading for senior year undergraduate students.Spencer, Quayshawn. Do Newton’s Rules of Reasoning Guarantee Truth … Must They?2004, Studies in History and Philosophy of Science 35(4): 759-782.-
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Added by: Nick Novelli
Abstract: Newton's Principia introduces four rules of reasoning for natural philosophy. Although useful, there is a concern about whether Newton's rules guarantee truth. After redirecting the discussion from truth to validity, I show that these rules are valid insofar as they fulfill Goodman's criteria for inductive rules and Newton's own methodological program of experimental philosophy; provided that cross-checks are used prior to applications of rule 4 and immediately after applications of rule 2 the following activities are pursued: (1) research addressing observations that systematically deviate from theoretical idealizations and (2) applications of theory that safeguard ongoing research from proceeding down a garden path.Comment : A good examination of the relationship of scientific practices to truth, put in a historical context. Would be useful in a history and philosophy of science course.Spencer, Quayshawn. A radical solution to the Race problem2014, Philosophy of Science 81 (5):1025-1038-
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Added by: Simon Fokt, Contributed by: Anonymous
Abstract: It has become customary among philosophers and biologists to claim that folk racial classification has no biological basis. This paper attempts to debunk that view. In this paper, I show that ‘race’, as used in current U.S. race talk, picks out a biologically real entity. I do this by, first, showing that ‘race’, in this use, is not a kind term, but a proper name for a set of human population groups. Next, using recent human genetic clustering results, I show that this set of human population groups is a partition of human populations that I call ‘the Blumenbach partition’.
Comment : This is a great paper to use for teaching metaphysics of raceCan’t find it?Contribute the texts you think should be here and we’ll add them soon!
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