“Due process of law” is arguably the most controversial and frequently-litigated phrase in the American Constitution. Although the dominant originalist view has long been that Fifth and Fourteenth Amendment’s Due Process of Law Clauses are solely “process” guarantees and don’t constrain the “substance” of legislation at all, originalist scholars have in recent years made fresh inquiries into the historical evidence and concluded that there’s a weighty case for some form of substantive due process. In this Article, we review and critique (...) these findings employing our theory of good-faith originalist interpretation and construction. We begin by investigating the “letter” of the Due Process of Law Clauses — that is, the original meaning of their texts. Next, to develop doctrine by which this meaning can be implemented, we identify the clauses’ original function — their “spirit” — of barring arbitrary exercises of power over individuals that rest upon mere will rather than constitutionally proper reasons. We contend that the original letter and spirit of the “due process of law” in both clauses requires federal and state legislators to exercise their discretionary powers in good faith by enacting legislation that is actually calculated to achieve constitutionally proper ends and imposes a duty upon both state and federal judges to make a good-faith determination of whether legislation is calculated to achieve constitutionally proper ends. Finally, we confront hard questions concerning the scope of the states’ reserved powers, acknowledging the flaws in the “police-power” jurisprudence associated with the so-called “Lochner era” and we delineate an approach that will better safeguard all “person(s)” against arbitrary power. By so doing, we assist state and federal legislators by providing clarity concerning the constitutionally proper ends that federal and state legislators can pursue; aid state and federal judges by equipping them to review legislators’ pursuit of those ends; and help members of the public by enabling them to monitor the performance of their legislative and judicial agents. (shrink)

‘Virtue signaling’ is the practice of using moral talk in order to enhance one’s moral reputation. Many find this kind of behavior irritating. However, some philosophers have gone further, arguing that virtue signaling actively undermines the proper functioning of public moral discourse and impedes moral progress. Against this view, I argue that widespread virtue signaling is not a social ill, and that it can actually serve as an invaluable instrument for moral change, especially in cases where moral argument alone does (...) not suffice. Specifically, virtue signaling can change the broader public’s social expectations, which can in turn motivate the adoption of new, positive social norms. I also argue that the reputation-seeking motives underlying virtue signaling impose important constraints on virtue signalers’ behavior, which serve to keep the worst excesses of virtue signaling in check. (shrink)

How is human social intelligence engaged in the course of ordinary conversation? Standard models of conversation hold that language production and comprehension are guided by constant, rapid inferences about what other agents have in mind. However, the idea that mindreading is a pervasive feature of conversation is challenged by a large body of evidence suggesting that mental state attribution is slow and taxing, at least when it deals with propositional attitudes such as beliefs. Belief attributions involve contents that are decoupled (...) from our own primary representation of reality; handling these contents has come to be seen as the signature of full-blown human mindreading. However, mindreading in cooperative communication does not necessarily demand decoupling. We argue for a theoretical and empirical turn towards “factive” forms of mentalizing here. In factive mentalizing, we monitor what others do or do not know, without generating decoupled representations. We propose a model of the representational, cognitive, and interactive components of factive mentalizing, a model that aims to explain efficient real-time monitoring of epistemic states in conversation. After laying out this account, we articulate a more limited set of conversational functions for nonfactive forms of mentalizing, including contexts of meta-linguistic repair, deception, and argumentation. We conclude with suggestions for further research into the roles played by factive versus nonfactive forms of mentalizing in conversation. (shrink)

Character judgments play an important role in our everyday lives. However, decades of empirical research on trait attribution suggest that the cognitive processes that generate these judgments are prone to a number of biases and cognitive distortions. This gives rise to a skeptical worry about the epistemic foundations of everyday characterological beliefs that has deeply disturbing and alienating consequences. In this paper, I argue that this skeptical worry is misplaced: under the appropriate informational conditions, our everyday character-trait judgments are in (...) fact quite trustworthy. I then propose a mindreading-based model of the socio-cognitive processes underlying trait attribution that explains both why these judgments are initially unreliable, and how they eventually become more accurate. (shrink)

In recent years, there has been a heated debate about how to interpret findings that seem to show that humans rapidly and automatically calculate the visual perspectives of others. In the current study, we investigated the question of whether automatic interference effects found in the dot-perspective task (Samson, Apperly, Braithwaite, Andrews, & Bodley Scott, 2010) are the product of domain-specific perspective-taking processes or of domain-general “submentalizing” processes (Heyes, 2014). Previous attempts to address this question have done so by implementing inanimate (...) controls, such as arrows, as stimuli. The rationale for this is that submentalizing processes that respond to directionality should be engaged by such stimuli, whereas domain-specific perspective-taking mechanisms, if they exist, should not. These previous attempts have been limited, however, by the implied intentionality of the stimuli they have used (e.g. arrows), which may have invited participants to imbue them with perspectival agency. Drawing inspiration from “novel entity” paradigms from infant gaze-following research, we designed a version of the dot-perspective task that allowed us to precisely control whether a central stimulus was viewed as animate or inanimate. Across four experiments, we found no evidence that automatic “perspective-taking” effects in the dot-perspective task are modulated by beliefs about the animacy of the central stimulus. Our results also suggest that these effects may be due to the task-switching elements of the dot-perspective paradigm, rather than automatic directional orienting. Together, these results indicate that neither the perspective-taking nor the standard submentalizing interpretations of the dot-perspective task are fully correct. (shrink)

Phillips and colleagues convincingly argue that knowledge attribution is a faster, more automatic form of mindreading than belief attribution. However, they do not explain what it is about knowledge attribution that lends it this cognitive advantage. I suggest an explanation of the knowledge-attribution advantage that would also help to distinguish it from belief-based and minimalist alternatives.

Gorgias’ On Not-Being survives only in two divergent summaries. Diels–Kranz's classic edition prints the better-preserved version that appears in Sextus’ Aduersus Mathematicos. Yet, in recent years there has been rising interest in a second summary that survives as part of the anonymous De Melisso, Xenophane, Gorgia. The text of MXG is more difficult; it contains substantial lacunae that often make it much harder to make grammatical let alone philosophical sense of. As Alexander Mourelatos reports, one manuscript has a scribal note (...) that reads: "The original contains many errors; no one should blame me; I just copy what I see.". The treatise's state of preservation has aptly prompted Michael Gagarin to liken it to a black hole: "something we cannot see directly but know must exist because of certain effects it has on other objects.". (shrink)

The current industrial revolution is said to be driven by the digitization that exploits connected information across all aspects of manufacturing. Standards have been recognized as an important enabler. Ontology-based information standard may provide benefits not offered by current information standards. Although there have been ontologies developed in the industrial manufacturing domain, they have been fragmented and inconsistent, and little has received a standard status. With successes in developing coherent ontologies in the biological, biomedical, and financial domains, an effort called (...) Industrial Ontologies Foundry (IOF) has been formed to pursue the same goal for the industrial manufacturing domain. However, developing a coherent ontology covering the entire industrial manufacturing domain has been known to be a mountainous challenge because of the multidisciplinary nature of manufacturing. To manage the scope and expectations, the IOF community kicked-off its effort with a proof-of-concept (POC) project. This paper describes the developments within the project. It also provides a brief update on the IOF organizational set up. (shrink)

The question has long confounded philosophers and scientists, and it is this so-called explanatory gap between biological life and consciousness that Evan ...

In this paper I lay out what I take to be the crucial insights in Susan Bordo's "Feminist Skepticism and the 'Maleness' of Philosophy" and point out some additional difficulties with the skeptical position. I call attention to an ambiguity in the nature or content of the "maleness" of philosophy that Bordo identifies. Finally, I point out that, unlike some feminist skeptics, Bordo never loses sight in her work of women's lived experiences.

Marjorie Shostak's ethnography, Nisa: The Life and Words of a !Kung Woman, is analyzed as a case study of feminist social science. Three principles of feminist research are suggested as standards for evaluation. After discussion of the principles and analysis of the text, I raise a criticism of the principles as currently sketched. The entire project is framed by the question of how best to resolve conflict between researcher and participant accounts.

Catharine MacKinnon's investigation of the role of sexuality in the subordination of women is a logical culmination of radical feminist thought. If this is correct, the position of her work relative to radical feminism is analogous to the place Parmenides's work occupied in ancient Greek philosophy. Critics of MacKinnon's work have missed their target completely and must engage her work in a different way if feminist theory is to progress past its current stalemated malaise.

It is time to bring the rich resources of these traditions into the contemporary debate about the nature of self. This volume is the first of its kind.

These are central to the accounts of lexical representation and meaning construction developed, giving rise to the Theory of Lexical Concepts and Cognitive ...

The experience of a reward appears to enhance memory for recent prior events, adaptively making that information more available to guide future decision-making. Here, we tested whether reward enhances memory for associative item-location information and also whether the effect of reward spreads to other categorically-related but unrewarded items. Participants earned either points (Experiment 1) or money (Experiment 2) through a time-estimation reward task, during which stimuli-location pairings around a 2D-ring were shown followed by either high-value or low-value rewards. All stimuli (...) were then tested for location memory or recognition (yes/no), immediately and after a 24-hour delay. Across both experiments (combined analysis), there was a robust improvement in location memory following high-value rewards, even though evidence supporting this effect was reliable in Experiment 2 but not in Experiment 1. The memory-enhancing effect of reward was observed on both the immediate and delayed location-memory tests. Reward-enhanced memory for both directly rewarded stimuli and categorically related stimuli that were not directly rewarded. No reliable effect of reward value on yes/no recognition-memory performance was observed in either experiment. We hypothesise that reward enhances the consolidation of recent experience and conceptually related memories to make these more available for future decisions. (shrink)

The highly structured mechanisms of cancers, their tendency to occur as a response to environmental stress, and the existence of oncogenes, suggest that neoplasticity may represent more than a biological disfunction. It is proposed that cancer exists as a phylogenetic mechanism serving to promote hyperevolution, albeit at the expense of the ontogeny, that is similar to a process recently discovered in bacterial mutations. Cell-surface-associated nucleic acid in tumorigenic cells and sperm cell vectorization of foreign DNA indicate the existence of essential (...) mechanisms necessary to the occurrence of cancer mediated hyperevolution. An analysis of the proposed mechanism indicates that for mutagenesis of chemical cytology, stress induced neoplasticity confers an evolutionary advantage of more than two orders of magnitude. (shrink)

In the small but growing literature on the philosophy of country music, the question of how we ought to understand the genre’s notion of authenticity has emerged as one of the central questions. Many country music scholars argue that authenticity claims track attributions of cultural standing or artistic self-expression. However, careful attention to the history of the genre reveals that these claims are simply factually wrong. On the basis of this, we have grounds for dismissing these attributions. Here, I argue (...) for an alternative model of authenticity in which we take claims about the relative authenticity of country music to be evidence of ‘country’ being a dual character concept in the same way that it has been suggested of punk rock and hip-hop. Authentic country music is country music that embodies the core value commitments of the genre. These values form the basis of country artists’ and audiences’ practical identities. Part of country music’s aesthetic practice is that audiences reconnect with, reify, and revise this common practical identity through identification with artists and works that manifest these values. We should then think of authenticity discourse within country music as a kind of game within the genre’s practice of shaping and maintaining this practical identity. (shrink)

Both mindreading and stereotyping are forms of social cognition that play a pervasive role in our everyday lives, yet too little attention has been paid to the question of how these two processes are related. This paper offers a theory of the influence of stereotyping on mental-state attribution that draws on hierarchical predictive coding accounts of action prediction. It is argued that the key to understanding the relation between stereotyping and mindreading lies in the fact that stereotypes centrally involve character-trait (...) attributions, which play a systematic role in the action–prediction hierarchy. On this view, when we apply a stereotype to an individual, we rapidly attribute to her a cluster of generic character traits on the basis of her perceived social group membership. These traits are then used to make inferences about that individual’s likely beliefs and desires, which in turn inform inferences about her behavior. (shrink)

The Embodied Mind provides a unique, sophisticated treatment of the spontaneous and reflective dimension of human experience.

A renowned philosopher of the mind, also known for his groundbreaking work on Buddhism and cognitive science, Evan Thompson combines the latest neuroscience research on sleep, dreaming, and meditation with Indian and Western philosophy of the mind, casting new light on the self and its relation to the brain. Thompson shows how the self is a changing process, not a static thing. When we are awake we identify with our body, but if we let our mind wander or daydream, (...) we project a mentally imagined self into the remembered past or anticipated future. As we fall asleep, the impression of being a bounded self distinct from the world dissolves, but the self reappears in the dream state. If we have a lucid dream, we no longer identify only with the self within the dream. Our sense of self now includes our dreaming self, the "I" as dreamer. Finally, as we meditate--either in the waking state or in a lucid dream--we can observe whatever images or thoughts arise and how we tend to identify with them as "me." We can also experience sheer awareness itself, distinct from the changing contents that make up our image of the self. Contemplative traditions say that we can learn to let go of the self, so that when we die we can witness its dissolution with equanimity. Thompson weaves together neuroscience, philosophy, and personal narrative to depict these transformations, adding uncommon depth to life's profound questions. Contemplative experience comes to illuminate scientific findings, and scientific evidence enriches the vast knowledge acquired by contemplatives. (shrink)

This article discusses a puzzle arising from the phenomenon of insight in obsessive–compulsive disorder. “Insight” refers to an awareness or understanding of obsessive thoughts as false or irrational. I argue that a natural and plausible way of characterizing insight in OCD conflicts with several different possible explanations of the epistemic attitude underlying insight‐directed obsessive thought. After laying out the puzzle for five proposed explanations of obsessive thought and then discussing several possible ways that the puzzle might be avoided, I close (...) the article by arguing that we can avoid the puzzle by adopting a new positive view of insight‐directed obsessive thought. (shrink)

Social norms are commonly understood as rules that dictate which behaviors are appropriate, permissible, or obligatory in different situations for members of a given community. Many researchers have sought to explain the ubiquity of social norms in human life in terms of the psychological mechanisms underlying their acquisition, conformity, and enforcement. Existing theories of the psychology of social norms appeal to a variety of constructs, from prediction-error minimization, to reinforcement learning, to shared intentionality, to domain-specific adaptations for norm acquisition. In (...) this paper, we propose a novel methodological and conceptual framework for the cognitive science of social norms that we call normative pluralism. We begin with an analysis of the explanatory aims of the cognitive science of social norms. From this analysis, we derive a recommendation for a reformed conception of its explanandum: a minimally psychological construct that we call normative regularities. Our central empirical proposal is that the psychological underpinnings of social norms are most likely realized by a heterogeneous set of cognitive, motivational, and ecological mechanisms that vary between norms and between individuals, rather than by a single type of process or distinctive norm system. This pluralistic approach, we suggest, offers a methodologically sound point of departure for a fruitful and rigorous science of social norms. (shrink)

Keeping track of what others believe is a central part of human social cognition. However, the social relevance of those beliefs can vary a great deal. Some belief attributions mostly tell us about what a person is likely to do next. Other belief attributions tell us more about a person's social identity. In this paper, I argue that we cope with this challenge by employing two distinct concepts of belief in our everyday social interactions. The epistemic concept of belief is (...) primarily used to keep track of what other people take to be true, and this informs how we predict and interpret their behaviors. The symbolic concept of belief, in contrast, is primarily used as a means of signaling one's social identity to other members of one's community. In turn, community members closely monitor each other's symbolic beliefs as a means of enforcing social norms. (shrink)

• An adequate conceptual framework is still needed to account for phenomena that (i) have a first-person, subjective-experiential or phenomenal character; (ii) are (usually) reportable and describable (in humans); and (iii) are neurobiologically realized.2 • The conscious subject plays an unavoidable epistemological role in characterizing the explanadum of consciousness through first-person descriptive reports. The experimentalist is then able to link first-person data and third-person data. Yet the generation of first-person data raises difficult epistemological issues about the relation of second-order awareness (...) or meta-awareness to first-order experience (e.g. (shrink)

_A provocative essay challenging the idea of Buddhist exceptionalism, from one of the world’s most widely respected philosophers and writers on Buddhism and science_ Buddhism has become a uniquely favored religion in our modern age. A burgeoning number of books extol the scientifically proven benefits of meditation and mindfulness for everything ranging from business to romance. There are conferences, courses, and celebrities promoting the notion that Buddhism is spirituality for the rational, compatible with cutting‑edge science, indeed, “a science of the (...) mind.” In this provocative book, Evan Thompson argues that this representation of Buddhism is false. In lucid and entertaining prose, Thompson dives deep into both Western and Buddhist philosophy to explain how the goals of science and religion are fundamentally different. Efforts to seek their unification are wrongheaded and promote mistaken ideas of both. He suggests cosmopolitanism instead, a worldview with deep roots in both Eastern and Western traditions. Smart, sympathetic, and intellectually ambitious, this book is a must‑read for anyone interested in Buddhism’s place in our world today. (shrink)

This paper explores some of the differences between the enactive approach in cognitive science and the extended mind thesis. We review the key enactive concepts of autonomy and sense-making . We then focus on the following issues: (1) the debate between internalism and externalism about cognitive processes; (2) the relation between cognition and emotion; (3) the status of the body; and (4) the difference between ‘incorporation’ and mere ‘extension’ in the body-mind-environment relation.

Low-level dishonesty is rife everywhere, in the form of exaggeration, selective use of facts, economy with the truth, careful drafting - from Trump and the Brexit debate to companies that tell us 'your call is important to us'. How did we get to a place where bullshit is not just rife but apparently so effective that it's become the communications strategy of our times? This brilliantly insightful book steps inside the panoply of deception employed in all walks of life and (...) assesses how it has come to this. It sets out the surprising logic which explains why bullshit is both pervasive and persistent. Why are company annual reports often nonsense? Why should you not trust estate agents? And above all, why has political campaigning become the art of stretching the truth? Drawing on behavioural science, economics, psychology and of course his knowledge of the media, Evan ends by providing readers with a tool-kit to handle the kinds of deceptions we encounter every day, and charts a route through the muddy waters of the post-truth age." -- Publisher's website. (shrink)

The depletion effect, a decreased capacity for self-control following previous acts of self-control, is thought to result from a lack of necessary psychological/physical resources (i.e., “ego depletion”). Kurzban et al. present an alternative explanation for depletion; but based on statistical techniques that evaluate and adjust for publication bias, we question whether depletion is a real phenomenon in need of explanation.

Colour fascinates all of us, and scientists and philosophers have sought to understand the true nature of colour vision for many years. In recent times, investigations into colour vision have been one of the main success stories of cognitive science, for each discipline within the field - neuroscience, psychology, linguistics, computer science and artificial intelligence, and philosophy - has contributed significantly to our understanding of colour. Evan Thompson's book is a major contribution to this interdisciplinary project. Colour Vision provides (...) an accessible review of the current scientific and philosophical discussions of colour vision. Thompson steers a course between the subjective and objective positions on colour, arguing for a relational account. This account develops a novel `ecological' approach to colour vision in cognitive science and the philosophy of perception. It is vital reading for all cognitive scientists and philosophers whose interests touch upon this central area. (shrink)

Nativists about theory of mind have typically explained why children below the age of four fail the false belief task by appealing to the demands that these tasks place on children’s developing executive abilities. However, this appeal to executive functioning cannot explain a wide range of evidence showing that social and linguistic factors also affect when children pass this task. In this paper, I present a revised nativist proposal about theory of mind development that is able to accommodate these findings, (...) which I call the pragmatic development account. According to this proposal, we can gain a better understanding of the shift in children’s performance on standard false-belief tasks around four years of age by considering how children’s experiences with the pragmatics of belief discourse affect the way they interpret the task. (shrink)

A dispositional theory of skill, such as that defended by Stanley and Williamson, might seem promising. Such a theory looks to provide a unified intellectualist account of skill reflecting insights from cognitive science and philosophy. I argue that any theory of the kind fails given that skill is broadly answerable to the will. A person may be characteristically disposed both against the exercise of her skill and against any associated intentional forming of knowledge. Clearly she does not cease thereby to (...) be skilled. I consider four replies, none of which vindicate this kind of theory. (shrink)

The existence of sensory convergence does not establish that the senses function as a single unified perceptual system. Reality is fully specified only by a one:many mapping onto the totality of energy arrays, and these provide alternative frames of reference for movement. It is therefore possible that higher order crossmodal relationships are detected by skilled perceivers, but this has not been confirmed empirically.

In the past two to three decades health behavior scientists have increasingly emphasized affect-related concepts (including, but not limited to emotion) in their attempts to understand and facilitate change in important health behaviors, such as smoking, eating, physical activity, substance abuse, and sex. This article provides a narrative review of this burgeoning literature, including relevant theory and research on affective response (e.g., hedonic response to eating and drug use), incidental affect (e.g., work-related stress as a determinant of alcohol use), affect (...) processing (e.g., anticipated regret for illicit sex or skipping an exercise session), and affectively charged motivation (e.g., cigarette craving). An integrative dual-processing framework is presented that suggests pathways through which affect-related concepts may interrelate to influence health behavior. (shrink)

This paper theorizes that the effect of human rights violations on US economic aid is conditioned by the salience of US national security concerns. National security concerns will be more salient in situations where recipients contribute to maintaining US security and in temporal eras when the USA is perceived as being under increased external threat. As the relational and temporal salience of national security increases, any negative effect of human rights violations on US economic aid should decrease. I test this (...) hypothesis by examining US economic aid allocations to states from 1977 to 2005. The results show that the salience of national security concerns present in the US-recipient relationship does condition the relationship between human rights violations and US economic aid. There are also significant differences between different temporal eras of US foreign aid allocation. Future work should address how conflicts between interests and values in US foreign policy are negotiated. (shrink)

Outside of philosophy, the idea that workers deserve to be paid according to their productive contributions is very popular. But political philosophers have given it relatively little attention. In this paper, I argue against the attempt to use this idea about desert and contribution to vindicate significant income inequality. I claim that the inegalitarian invocation of reward according to contribution fails on its own terms when the following condition holds: the size of each worker's contribution depends on what others only (...) together do. When workers only together make another more productive, that is not reflected in the sum of their own contributions. Thus reward according to contribution recognizes individual accomplishments without recognizing their dependence on collectives, dependence that is, in complex economies, ubiquitous. (shrink)

This paper concerns biopsychism, the position that feeling is a vital activity of all organisms or living beings. It evaluates biopsychism specifically from the perspective of the enactive conception of life and life-mind continuity. Does the enactive conception of life as fundamentally a value-constituting and value-driven process imply a conception of life as sentient of value? Although a plausible case can be made, there remains a conceptual and inferential gap between differential responsiveness to value and hedonic value or affective valence. (...) Nevertheless, the case for zoopsychism—that animals are the only sentient living beings—over biopsychism is also inconclusive. (shrink)

This article gives two arguments for believing that our society is unknowingly guilty of serious, large-scale wrongdoing. First is an inductive argument: most other societies, in history and in the world today, have been unknowingly guilty of serious wrongdoing, so ours probably is too. Second is a disjunctive argument: there are a large number of distinct ways in which our practices could turn out to be horribly wrong, so even if no particular hypothesized moral mistake strikes us as very likely, (...) the disjunction of all such mistakes should receive significant credence. The article then discusses what our society should do in light of the likelihood that we are doing something seriously wrong: we should regard intellectual progress, of the sort that will allow us to find and correct our moral mistakes as soon as possible, as an urgent moral priority rather than as a mere luxury; and we should also consider it important to save resources and cultivate flexibility, so that when the time comes to change our policies we will be able to do so quickly and smoothly. (shrink)

Genres inform our appreciative practices. What it takes for a work to be a good work of comedy is different than what it takes for a work to be a good work of horror, and a failure to recognize this will lead to a failure to appreciate comedies or works of horror particularly well. Likewise, it is not uncommon to hear people say that a film or novel is a good work, but not a good work of x (where x (...) is the genre of that work). A work can be good all things considered, but genre membership provides us with an additional set of evaluative criteria over and above those of the medium, which colors how we interpret and appreciate the work. Given this importance, it is not surprising that philosophers of art have been interested in providing an account of what, exactly, a genre is. Despite this interest, there is not widespread agreement about what it takes for something to be a genre, nor what kinds of considerations are relevant in determining whether a work is a member of that genre. Beyond this, we might also want to know to what degree we ought to consider genre in evaluating a work of art and why it should matter at all. Here, I explore the variety of recent theories that philosophers have taken up on the topic of genre and why we should ultimately think of genres as artistic practices rather than the alternatives. (shrink)

Is implementing the beneficent nudge program morally permissible in worlds like ours? I argue that there is reason for serious doubt. I acknowledge that beneficent nudging is highly various, that nudges are in some circumstances morally permissible and even called for, and that nudges may exhibit respect for genuine autonomy. Nonetheless, given the risk of epistemic injustice that nudges typically pose, neither the moral permissibility of beneficent nudging in the abstract, nor its case-by-case vindication, appears sufficient to justify implementing a (...) nudge program in worlds like ours. Drawing on Miranda Fricker’s account of epistemic injustice, I argue that the cogent defense of any nudge program, relative to worlds like ours, stands in need of serious attention to its potential for fostering or sustaining epistemic injustice. A more specific point hinges on recognizing a form of epistemic injustice not enough attended to in the literature to date, which I call reflective incapacitational injustice. This includes relative disadvantages in the attaining of the capacity to engage in critical reason, such as the capacity to go in for potentially critical reasoned deliberation and discursive exchange concerning ends. Since Cass Sunstein’s First Law of behaviorally informed regulation would be taken, in worlds like ours, to justify indeterminately many nudges leading to such epistemic injustice we have general grounds for doubting the moral permissibility of this nudge program. We should hence oppose the implementation of any such program until it is shown not to violate the demands of epistemic justice. (shrink)

Journal of Religious Ethics, Volume 49, Issue 4, Page 739-767, December 2021.