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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.Sorge, Carmen. The Relationship Between Bonding with Nonhuman Animals and Students’ Attitude Towards Science2008, Society and Animals 16 (2): 171-184-
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Added by: Sara Peppe
Abstract: This paper examines the relationship of bonding with nonhuman animals during an interactive, animal-in-the-wild science program and the science attitudes of 358 young children between the ages of 8 and 14 Talking Talons utilizes typically wild animals such as raptors, reptiles, and bats in a school-based educational science curriculum. Qualitative data from interviews with students in the program indicated that 'bonding with animals' and the educators within the program were related to increased positive attitudes toward science. The program used quantitative methods to examine these dual relationships - with animals and with educators- on student attitude toward science. The program performed a step-wise multiple regression with 'Attitude toward Science' as the dependent variable and 'Gender,' 'Age,' and 'Bonding with Animals' as independent variables. Both 'Bonding with Animals' and 'Bonding with the Educator' contributed significantly to prediction of the participants' science attitudes. Altogether 28% of the variance in 'Science Attitude' was predicted by both 'Gender' and 'Age' , 'Bonding with Animals' and 'Bonding with Educator'. Bonding with the animals had a large quantifiable relationship with student attitudes toward science.Comment: This article is about the theme of 'bonding with animals' during a science programme. It is highly recommended for intermediate readers who have some knowledge about the main topic of the article.
Terlazzo, Rosa. Conceptualizing Adaptive Preferences Respectfully: An Indirectly Substantive Account2016, The Journal of Political Philosophy 24(2): 206-226.-
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Added by: Carl Fox
Abstract: While the concept of adaptive preferences is an important tool for criticizing injustice, it is often claimed that using the concept involves showing disrespect for persons judged to have adaptive preferences. In this paper, I propose an account of adaptive preferences that does the relevant political work while still showing persons two centrally important kinds of respect. My account is based in what I call an indirect substantive account of autonomy, which places substantive requirements on the options available to a person, rather than on the option that she ultimately prefers. This allows us to pinpoint cases in which a person's circumstances have rendered her insufficiently autonomous, without saying that any conception of the good must be non-autonomous tout court.Comment: This article would make good recommended reading for a session taking an in-depth look at adaptive preferences, or further reading if the topic was autonomy and the session broached questions about preference formation.
Ventham, Elizabeth. Reflective Blindness, Depression and Unpleasant Experiences, Analysis, (forthcoming)-
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Added by: Simon Fokt, Contributed by: Lizzy Ventham
Abstract: This paper defends a desire-based understanding of pleasurable and unpleasant experiences. More specifically, the thesis is that what makes an experience pleasant/unpleasant is the subject having a certain kind of desire about that experience. I begin by introducing the 'Desire Account' in more detail, and then go on to explain and refute a prominent set of contemporary counter-examples, based on subjects who might have 'Reflective Blindness', looking particularly at the example of subjects with depression. I aim to make the Desire Account more persuasive, but also to clear up more widespread misunderstandings about depression in metaethics. For example, mistakes that are made by conflating two of depression's most prominent symptoms: depressed mood and anhedonia.Comment: Argues in favour of a 'desire account' of pleasurable and unpleasant experiences. Looks in particular at cases of depression and aims to clear up wider misunderstandings about depression in metaethics.
Womack, Katherine, Mulvaney-Day, Norah. Feminist Bioethics Meets Experimental Philosophy: Embracing the Qualitative and Experiential2012, International Journal of Feminist Approaches to Bioethics, 5 (1): 113-132-
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Added by: Tomasz Zyglewicz, Shannon Brick, Michael GreerAbstract:
Experimental philosophers advocate expansion of philosophical methods to include empirical investigation into the concepts used by ordinary people in reasoning and action. We propose also including methods of qualitative social science, which we argue serve both moral and epistemic goals. Philosophical analytical tools applied to interdisciplinary research designs can provide ways to extract rich contextual information from subjects. We argue that this approach has important implications for bioethics; it provides both epistemic and moral reasons to use the experiences and perspectives of diverse populations to better identify underlying concepts as well as to develop effective interventions within particular communities.Comment (from this Blueprint): Katherine Womack and Norah Mulvaney-Day identify some shortcomings of survey experiments, which are the dominant method of x-phi. They argue, from a feminist standpoint, that x-phi would benefit from the inclusion of qualitative methods.
Wright, Jennifer. On intuitional stability: The clear, the strong and the paradigmatic2010, Cognition 115(3): 491-503.-
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Added by: Laura Jimenez
Abstract: Skepticism about the epistemic value of intuition in theoretical and philosophical inquiry has recently been bolstered by empirical research suggesting that people's concrete-case intuitions are vulnerable to irrational biases (e.g., the order effect). What is more, skeptics argue that we have no way to "calibrate" our intuitions against these biases and no way of anticipating intuitional instability. This paper challenges the skeptical position, introducing data from two studies that suggest not only that people's concrete-case intuitions are often stable, but also that people have introspective awareness of this stability, providing a promising means by which to assess the epistemic value of our intuitions.Comment: Essential reading for postgraduate courses on philosophical methodology, especially experimental philosophy. It covers important topics such as intuitional stability, belief strength, epistemic value and biases.
Yaneva, Dominika. History and philosophy of science reapproachment: Shared methodological framework1995, Journal for General Philosophy of Science / Zeitschrift für Allgemeine Wissenschaftstheorie 26(1): 143-152.-
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Added by: Laura Jimenez
Abstract: The paper intends to identify some particular basic assumptions, approaches and means of proceeding, which are spontaneously shared by philosophers, sociologists and historians of science, besides the common interchange of meta-notions describing science. To this end, the specific subject matter, scope, meta-cognitive goals and methodological background of each of the three domains of science study is first outlined. Only two shared proceedings are further discussed in details: the objective attitude, called 'playing a stranger', and the historiographers' involvement in demarcational problem resolution. A far-reaching prospect is finally suggested for philosophers and historiographers: methodological partnership, leading towards the elaboration of an impending integral metatheory of science.Comment: Interesting paper about methodological partnership. Useful as well as a historical review of philosophy of science. Recommended for undergraduate students.
Yaneva, Dominika. What is Science? Methodological Pitfalls Underlying the Empirical Exploration of Scientific Knowledge2007, Journal for General Philosophy of Science / Zeitschrift für Allgemeine Wissenschaftstheorie 37(2): 333 - 353.-
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Added by: Laura Jimenez
Abstract: The validity of three premises, set as foundational pillars of modern sociological approach to science, is contested, namely: (i) the postulate, stating that science is devoid of whatever generis specifical; (ii) it is liable to the usual empirical study; (iii) the practicing scientist's self-reflexive judgements must be disbelieved and rejected. Contrariwise, the ignored so far quaint nature of knowledge, escaping even from the elementary empirical treating - discernment and observation - is revealed and demonstrated. This peculiar nature requires, accordingly, a specific meta-cognitive dealing for positing it as 'empirical object', unfortunately missed still by the Strong Programme. The inadequate approach adopted led to a substitution of 'scientific' for common knowledge. The tacit thus far alternative, setting the foundations of meta-science, is suggested.Comment: Valuable article for both philosophy of science and epistemology courses. Could be used as further reading for postgraduates who want to research topics such as the relation between science and meta-science.
Zimmermann, Annette. Criminal Disenfranchisement and the Concept of Political Wrongdoing2019, Philosophy & Public Affairs 47 (4), 378-411.-
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Added by: Björn Freter, Contributed by: Annette Zimmermann
Abstract: Disagreement persists about when, if at all, disenfranchisement is a fitting response to criminal wrongdoing of type X. Positive retributivists endorse a permissive view of fittingness: on this view, disenfranchising a remarkably wide range of morally serious criminal wrongdoers is justified. But defining fittingness in the context of criminal disenfranchisement in such broad terms is implausible, since many crimes sanctioned via disenfranchisement have little to do with democratic participation in the first place: the link between the nature of a criminal act X (the ‘desert basis’) and a fitting sanction Y is insufficiently direct in such cases. I define a new, much narrower account of the kind of criminal wrongdoing which is a more plausible desert basis for disenfranchisement: ‘political wrongdoing’, such as electioneering, corruption, or conspiracy with foreign powers. I conclude that widespread blanket and post-incarceration disenfranchisement policies are overinclusive, because they disenfranchise persons guilty of serious, but non-political, criminal wrongdoing. While such overinclusiveness is objectionable in any context, it is particularly objectionable in circumstances in which it has additional large-scale collateral consequences, for instance by perpetuating existing structures of racial injustice. At the same time, current policies are underinclusive, thus hindering the aim of holding political wrongdoers accountable.
Comment: This paper critically assesses existing arguments in the philosophy of criminal law on the permissibility of criminal disenfranchisement; develops a novel negative retributivist argument; argues that current criminal disenfranchisement are much too overinclusive, but also underinclusive.
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Sommers, Roseanna. Commonsense Consent
2020, Yale Law Journal, 2232
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.