Diversity Reading List

Abstract: At first glance it might appear that experimental philosophers and feminist philosophers would make good allies. Nonetheless, experimental philosophy has received criticism from feminist fronts, both for its methodology and for some of its guiding assumptions. Adding to this critical literature, I raise questions concerning the ways in which “differences” in intuitions are employed in experimental philosophy. Specifically, I distinguish between two ways in which differences in intuitions might play a role in philosophical practice, one which puts an end to philosophical conversation and the other which provides impetus for beginning one. Insofar as experimental philosophers are engaged in deploying “differences” in intuitions in the former rather than the latter sense, I argue that their approach is antithetical to feminist projects. Moreover, this is even the case when experimental philosophers deploy “differences” in intuitions along lines of gender.

Abstract: Contemporary analytic philosophers often employ thought experiments in arguing for or against a philosophical position. These abstract, counterfactual scenarios draw on our intuitions to illustrate the force of a particular argument or to demonstrate that a certain position is untenable. Political theorists, for instance, employ Rawls's “original position” to illustrate the power of “justice as fairness,” and epistemologists raise “Gettier cases” to problematize a standard definition of knowledge. Although not all philosophers proceed in this manner, such methods are common in many areas of contemporary analytic philosophy...

Abstract: In their paper titled Gender and Philosophical Intuition, Wesley Buckwalter & Stephen Stich argue that the intuitions of women and men differ significantly on various types of philosophical questions. Furthermore, men’s intuitions, so the authors, are more in line with traditionally accepted solutions of classical problems. This inherent bias, so the argument, is one of the factors that leads more men than women to pursue degrees and careers in philosophy. These findings have received a considerable amount of attention and the paper is to appear in the second edition of Experiment Philosophy edited by Joshua Knobe & Shaun Nichols, which itself is an influential outlet. Given the exposure of these results, we attempted to replicate three of the classes of questions that Buckwalter & Stich review in their paper and for which they report significant differences. We failed to replicate the results using two different sources for data collection (one being identical to the original procedures). Given our results, we do not believe that the outcomes from Buckwalter & Stich (forthcoming) that we examined are robust. That is, men and women do not seem to differ significantly in their intuitive responses to these philosophical scenarios.

Abstract: 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.

Abstract: 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.