Higher-order theories of consciousness come in many varieties, but all adopt the 'transitivity principle' as a central, explanatory premise. The transitivity principle states that a mental state of a subject is conscious if and only if the subject is aware of it. This higher-order awareness is realized in different ways in different forms of higher-order theory. I argue that empirical studies of metacognition have falsified the transitivity principle by showing that there can be awareness of a mental state without that (...) state's becoming conscious. I present two such studies in detail and argue that the measures they employ cannot be interpreted in a way that would make the results compatible with higher-order theory. Since all versions of the theory rely on the transitivity principle, this entails that all forms of higher-order theory are false. (shrink)

Human genomics is a translational field spanning research, clinical care, public health, and direct-to-consumer testing. However, law differs across these domains on issues including liability, consent, promoting quality of analysis and interpretation, and safeguarding privacy. Genomic activities crossing domains can thus encounter confusion and conflicts among these approaches. This paper suggests how to resolve these conflicts while protecting the rights and interests of individuals sequenced. Translational genomics requires this more translational approach to law.

The authors examine the scientific possibility and the legal and ethical implications of using DNA forensic technology, through partial matches to DNA from crime scenes, to turn into suspects the relatives of people whose DNA profiles are in forensic databases.

Human brain research is moving into a dilemma. The best way to understand how the human brain works is to study living human brains in living human beings, but ethical and legal standards make it d...

Much of the legal and social interest in new neuroimaging techniques stems from the belief that they can deliver on the materialist understanding of the relationship between the brain and the mind. This article looks at predictions about the future both of scientific advances and of social reactions to those predictions. It looks at the likely technical limits on neuroscience-based mindreading, then at the likely limits in how the law might use such technologies. It describes three kinds of technical barriers (...) to detailed and useful mindreading: the likely impossibility of making a complete and accurate model of a human brain in light of its incredible complexity, the problems of interpersonal and intrapersonal plasticity, and the problem of trying to read, now, someone's past mental state. The potential changes to the operation of the law, through the use of mindreading as evidence of pain, deception, or bias, among other things, could be extremely important. (shrink)

Epistemic feelings like tip-of-the-tongue experiences, feelings of knowing, and feelings of confidence tell us when a memory can be recalled and when a judgment was correct. Thus, they appear to be a form of metacognition, but a curious one: they tell us about content we cannot access, and the information is supplied by a feeling. Evaluativism is the claim that epistemic feelings are components of a distinct, primitive metacognitive mechanism that operates on its own set of inputs. These inputs are (...) heuristics that correlate with the presence of mental content that can’t be accessed directly. I will argue that evaluativism is unmotivated, unsupported, and ill-conceived. I will critique the philosophical and empirical arguments for evaluativism and conclude that there is no reason to posit a distinct mechanism to explain epistemic feelings. I will conclude, however, that epistemic feelings may constitute a nonconceptual form of metacognition, which if true is a significant claim. (shrink)

The Stanford Encyclopedia of Philosophy is an open access, dynamic reference work designed to organize professional philosophers so that they can write, edit, and maintain a reference work in philosophy that is responsive to new research. From its inception, the SEP was designed so that each entry is maintained and kept up to date by an expert or group of experts in the field. All entries and substantive updates are refereed by the members of a distinguished Editorial Board before they (...) are made public. (shrink)

Direct-to-Consumer genomics has been a controversial topic for over a decade. Much work has been done on the legal issues it raises. This article asks a different question: What will DTC genomics and its legal issues look like in ten to twenty years? After discussing the five current uses of DTC genomics, it describes three current legal issues: medical uses, privacy of genomic information, and privacy in collection and analysis of human DNA. It then suggests that changes in human genomics (...) and how it is used will make the first of those DTC genomics legal issues less important in the future, but that the third will be increasingly significant. (shrink)

This chapter explores the questions “What policy tools do we have to deal with human biological enhancements?” as well as “What policy tools do we need?.” After discussing the policy tools available in the United States, it examines their adequacy in coping with human biological enhancements in two respects – how easy they would be to adopt and how easy they would be to enforce. In each category, three major issues raised by human biological enhancement are considered: safety, coercion, and (...) fairness. It looks first at the adoption of, then at the enforcement of, policy tools available in the United States to cope with three real problems raised by such enhancements. It concludes that some policy tools needed to deal with enhancement already exist but need to be better focused. New legislation is the most direct way for the federal government to implement policy, but it is rarely easy. (shrink)

I have been involved with the current interest in de‐extinction since early 2012, nearly its beginning. I have given a lot of thought to the potential risks and benefits of de‐extinction. But only recently, after deep immersion in discussions around CRISPR‐Cas9, the hottest new tool in bioscience since polymerase chain reaction, have I thought about a more fundamental question: how, if at all, is de‐extinction special? Are “revived species” just another kind of genetically modified organism, raising essentially the same general (...) concerns? I answer, for the most part, yes. De‐extinction is not (very) special. New biotechnologies are giving humans even more power to change the biosphere but more directly, more quickly, and more utterly than ever before. De‐extinction is just one possible, and probably small, use of those technologies. Our attention, for the most part, should be on the bigger issues of regulating this power, rather than focusing specifically on their application to de‐extinction. (shrink)

Reality testing is the process by which we distinguish our own perceptual states from imagination or episodic memory. I argue that reality testing is a metacognitive process. Since reality testing is also accomplished by creatures who lack mental state concepts, it follows that reality testing is a nonconceptual metacognitive process. I also provide prima facie evidence that reality testing is a necessary condition for prototypical cognitive states like belief. It follows that metacognition is phylogenetically and logically prior to cognition in (...) many cases. (shrink)

This essay focuses on possible nonhuman applications of CRISPR/Cas9 that are likely to be widely overlooked because they are unexpected and, in some cases, perhaps even “frivolous.” We look at five uses for “CRISPR Critters”: wild de-extinction, domestic de-extinction, personal whim, art, and novel forms of disease prevention. We then discuss the current regulatory framework and its possible limitations in those contexts. We end with questions about some deeper issues raised by the increased human control over life on earth offered (...) by genome editing. (shrink)

Vol. presents a method for critically evaluating relevance in arguments based on case studies & a new relevance theory incorporating techniques of argumentation theory, logic & artificiaI intelligence. For scholars/students in argumentation & rhetoric.

Neuroscience is clearly making enormous progress toward understanding how human brains work. The implications of this progress for ethics, law, society, and culture are much less clear. Some have argued that neuroscience will lead to vast changes, superseding much of law and ethics. The likely limits to the explanatory power of neuroscience argue against that position, as do the limits to the social relevance of what neuroscience will be able to explain. At the same time neuroscience is likely to change (...) societies through increasing their abilities to predict future behavior, to infer subjective mental states by observing physical brain states (“read minds”), to provide evidence in some cases relevant to criminal responsibility, to provide new ways to intervene to “treat antisocial brains,” and to enhance healthy brains. Neuroscience should make important cultural changes in our special, and specially negative, views of “mental” versus “physical” illness by showing that mental illness is a dysfunction of a physical organ. It will not likely change our beliefs, implicit or explicit, in free will, or spark a new conflict between science and religion akin to the creationism controversy. (shrink)

Different types of consent are used to obtain human biospecimens for future research. This variation has resulted in confusion regarding what research is permitted, inadvertent constraints on future research, and research proceeding without consent. The National Institutes of Health Clinical Center's Department of Bioethics held a workshop to consider the ethical acceptability of addressing these concerns by using broad consent for future research on stored biospecimens. Multiple bioethics scholars, who have written on these issues, discussed the reasons for consent, the (...) range of consent strategies, and gaps in our understanding, and concluded with a proposal for broad initial consent coupled with oversight and, when feasible, ongoing provision of information to donors. This article describes areas of agreement and areas that need more research and dialogue. Given recent proposed changes to the Common Rule, and new guidance regarding storing and sharing data and samples, this is an important and tim.. (shrink)

“The sins of the fathers are to be laid upon the children.”Just after midnight on March 21, 2003, a drunk stood on a footbridge over a motorway in a village in Surrey in southern England. After eight pints of beer, he was drunk enough to decide to drop a brick from the overpass into traffic to see if he could hit something; unfortunately, he was not so drunk that he missed. The brick crashed through the windshield on the driver's side (...) of a truck. It hit the driver, Michael Little, in the chest, triggering a fatal heart attack. He stayed conscious long enough to pull the truck safely to the side of the road, thereby perhaps saving other motorists; then he died. The crime was widely publicized, as was the driver's role in preventing any further accidents. (shrink)

True revolutions turn the entire world upside down, in ways expected and surprising, profound and mundane. The revolution spawned by advances in molecular biology is no exception. Most of the attention has gone, deservedly, to the possible effects of these advances on medicine, on society, and on our understanding of what it means to be human. But the revolution has already had effects—large and small, good and bad—in other areas. This paper analyzes one aspect of the industry created by that (...) revolution in molecular biology–biotechnology. Specifically, it surveys the various kinds of conflicting interests, both real and perceived, that develop among commercial enterprises, government, and institutions in biotechnology; and it examines the legal implications and public policy concerns of these conflicting interests.The paper focuses on three different kinds of conflicting interests that confront private and public enterprises competing or collaborating in the biotechnology industry: those among businesses involved within the industry; those in relationships between industry and government; and those in relationships between industry and universities. These types of conflicts raise very different issues, but each stems from circumstances unique to the young biotechnology industry. (shrink)

True revolutions turn the entire world upside down, in ways expected and surprising, profound and mundane. The revolution spawned by advances in molecular biology is no exception. Most of the attention has gone, deservedly, to the possible effects of these advances on medicine, on society, and on our understanding of what it means to be human. But the revolution has already had effects—large and small, good and bad—in other areas. This paper analyzes one aspect of the industry created by that (...) revolution in molecular biology–biotechnology. Specifically, it surveys the various kinds of conflicting interests, both real and perceived, that develop among commercial enterprises, government, and institutions in biotechnology; and it examines the legal implications and public policy concerns of these conflicting interests.The paper focuses on three different kinds of conflicting interests that confront private and public enterprises competing or collaborating in the biotechnology industry: those among businesses involved within the industry; those in relationships between industry and government; and those in relationships between industry and universities. These types of conflicts raise very different issues, but each stems from circumstances unique to the young biotechnology industry. (shrink)

In April 2019 Yale Professor Nenad Sestan’s “BrainEx” experiments startled the world (Vrselja 2019). Four hours after pigs were decapitated, researchers perfused the pigs’ brains using what they ca...

When making decisions, humans can observe many kinds of information about others' activities, but their effects on performance are not well understood. We investigated social learning strategies using a simple problem-solving task in which participants search a complex space, and each can view and imitate others' solutions. Results showed that participants combined multiple sources of information to guide learning, including payoffs of peers' solutions, popularity of solution elements among peers, similarity of peers' solutions to their own, and relative payoffs from (...) individual exploration. Furthermore, performance was positively associated with imitation rates at both the individual and group levels. When peers' payoffs were hidden, popularity and similarity biases reversed, participants searched more broadly and randomly, and both quality and equity of exploration suffered. We conclude that when peers' solutions can be effectively compared, imitation does not simply permit scrounging, but it can also facilitate propagation of good solutions for further cumulative exploration. (shrink)

A "slippery slope argument" is a type of argument in which a first step is taken and a series of inextricable consequences follow, ultimately leading to a disastrous outcome. Many textbooks on informal logic and critical thinking treat the slippery slope argument as a fallacy. Walton argues that used correctly in some cases, they can be a reasonable type of argument to shift a burden of proof in a critical discussion, while in other cases they are used incorrectly. Walton identifies (...) and analyzes four types of slippery slope argument. Walton presents guidelines that show how each type of slippery slope argument can be used correctly or incorrectly, using over fifty case studies of argumentation on controversial issues. These include abortion, medical research on human embryos, euthanasia, the decriminalization of marijuana, pornography, and censorship, and banning of American flag burning. (shrink)

This collection of essays, which includes a revised version of a famous article on the "male lesbian," addresses such issues as race, gender, and sexuality, and explores the body as a physical, psychological, and cultural construct.

Vice crimes, crimes prohibited in part because they are viewed as morally corrupting, engage legal theorists because they reveal importantly contrasting views between liberals and virtue-centered theorists on the very limits of legitimate state action. Yet advocates and opponents alike focus on the role law can play in suppressing personal vice; the role of law is seen as suppressing licentiousness, sloth, greed etc. The most powerful advocates of the position that the law must nurture good character often draw on Aristotelian (...) theories of virtue to ground the connection between law and virtue. While Aristotle believed that law and character were linked, it is ironic to note that he did not argue for the position evidenced in our vice laws that law was likely to succeed in instilling virtue. Indeed, Aristotle thought the project of using law to instill private virtue was nearly certain to fail. Aristotle’s deep concern was not for the way law protected private virtue within each person but the way law had to protect civic virtue between citizens. This article argues that even from its foundations, the project of vice crimes as moral instruction is misconceived. The use of law for overly instrumental or narrow reasons opens law and legal institutions to abuse and factionalism. Lawyers, judges and others specially connected to law must first and foremost aim at addressing “legal vices,” vices internal to the institutions of law. Particularly, increasing factionalism and instrumentalism which disconnects law from the pursuit of the common good threatens our civic bonds. Most importantly, where civic bonds are disrupted, citizens have no reason to remain law abiding. The striking lesson, captured both in ancient philosophy and modern history, is that when legal vices grow unchecked and factions use the law to pursue narrow interests, ultimately law abidingness is corrupted and interest groups harm themselves as much as others. (shrink)

Drawing on a landscape analysis of existing data-sharing initiatives, in-depth interviews with expert stakeholders, and public deliberations with community advisory panels across the U.S., we describe features of the evolving medical information commons. We identify participant-centricity and trustworthiness as the most important features of an MIC and discuss the implications for those seeking to create a sustainable, useful, and widely available collection of linked resources for research and other purposes.