Hi-Phi Nation Plus: Recent Episodes

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Hi-Phi Nation is philosophy in story-form, integrating narrative journalism with big ideas. We look at stories from everyday life, law, science, popular culture, and strange corners of human experiences that raise thought-provoking questions about things like justice, knowledge, the self, morality, and existence. We then seek answers with the help of academics and philosophers. The show is produced and hosted by Barry Lam of Vassar College.

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In our final episode on monsters, we investigate why people who eat people are the funkiest people in the afterlife. We talk to a man who has actually eaten parts of other people, many times, about why he thinks consuming human flesh should be normalized. We then consider the age-old question of how God is supposed to resurrect a cannibal and all of his victims when most of the flesh of the victims would also be a part of the cannibal. Some of the best minds in Western philosophy and Christian theology thought about this question, including Leibniz, Aquinas, and Augustine. Co-hosted by Christina van Dyke, featuring artist and cannibal Rick Gibson and philosopher Dean Zimmerman.

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The second in a three-part series on monsters in philosophy. We trace the cultural history of zombies from voodoo folklore, George Romero films, and the zombies used in philosophical thought experiments about the nature of human consciousness. Folklore, film and philosophy seem to converge on the idea that consciousness above all else is what a creature needs to have to be worthy of moral concern. But we have no idea when something crosses over from being a zombie to being conscious, particularly current AI systems. What happens then? Guest speakers are Christina van Dyke (Columbia), David Chalmers (NYU), and John Edgar Browning (Savannah College of Art and Design), and Eric Schwitzgebel (UC Riverside).

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The first in a three-part series on monsters in philosophy. We trace the cultural history of vampires from Eastern European folklore to Twilight, and even look at the practices of real vampires, people who seek out and consume blood or psychic energy. The vampire went from demon to attractive monster in the course of a few centuries and raises a deep question for us about how different we can be, the limits of human imagination, and whether we can ever reasonably choose to have a transformative experience. Guest speakers include Christina van Dyke (Columbia), Laurie Paul (Yale), and John Edgar Browning (Savannah College of Art and Design).

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When tragedy strikes an individual, a nation, or an entire people, artists and architects are tasked with designing a public display that memorializes the event and its victims. But how do you do that? In this episode, art historian and podcaster Tamar Avishai examines the Denkmal Memorial to the Murdered Jews of Europe in Berlin, the Vietnam War Memorial in DC, and others to look at how respecting and remembering loss collides with the demands of history and politics. We look at why abstract rather than representational memorials resonate better with people in recent years, and whether memorials, no matter how well done, might lose their impact after a single generation. Guest voices include Karen Krolak, James Young, and Michael Hays. Listen to Tamar on The Lonely Palette podcast

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The first two gene-edited species meant to be introduced into the wild are currently in their final stages of approval, with trials already underway for the Oxitec mosquito, and the ESF American Chestnut. In this episode, we examine what these gene-edited species are, what they do, and how they are the beginnings of bio-engineering in the era of massive anthropocentric ecological change. We then look at the ethics of bioengineered wild species and whether they can be the solution to an imminent era of mass extinction. Guest voices include Chairman of the Florida Mosquito Control District Phil Goodman, ESF scientist Andrew Newhouse, and philosophers Evelyn Brister (RIT) and Ron Sandler (Northeastern). Give SlatePlus as a gift, just $1 the first month and $69/year afterward. Go to slate.com/hiphiplus. Are you a philosopher interested in a summer seminar on God and Time at Rutgers University? Apply at godandtime.rutgers.edu.

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Barry invites Willa Paskin of Slate's Decoder Ring podcast to talk about their recent episode, The Alberta Rat War, as a set up to next week's Hi-Phi Nation episode on genetic engineering. We then proceed to that episode. Rats live wherever people live, with one exception: the Canadian province of Alberta. A rat sighting in Alberta is a major event that mobilizes the local government to identify and eliminate any hint of infestation. Rat sightings makes the local news. Alberta prides itself on being the world’s sole rat-free territory, but in order to achieve this feat, it had to go to war with the rat. On this episode of Decoder Ring, we recount the story of how Alberta won this war, through accidents of history and geography, advances in poison technology, interventionist government policy, mass education programs, rat patrols, killing zones, and more. The explanation tells us a lot about rats and a lot about humans, two species that are more alike than we like to think. Some of the voices you’ll hear in this episode include Karen Wickerson, rat and pest program specialist with Alberta Agriculture and Forestry; Robert Sullivan, author of Rats: Observations on the History & Habitat of the City’s Most Unwanted Inhabitants; Phil Merrill, former rat and pest specialist; George Colpitts, historian at the University of Calgary; and John Bourne, former manager of Alberta’s rat control program. Decoder Ring is a podcast about cracking cultural mysteries. Every episode, host Willa Paskin takes on a cultural question, object, idea, or habit and speaks with experts, historians, and obsessives to try and figure out where it comes from, what it means, and why it matters.

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Penny Lane gave up months of wages and weeks of her life to have her kidney cut out and given to someone she never knew, and who may never thank her. She is one of about 200 people in the US a year who give up a kidney altruistically. What motivates someone to do that? Evolutionary psychologist Michael McCullough believes that not only is there true altruism amongst the human species, but that it is a unique trait, an emerging and spreading trait, and it is selected for by evolution, even out-competing the more familiar traits of selfishness that drive evolution in other species. And the trait is responsible for moral progress in the world. Barry is skeptical, and calls friend of the show Kieran Setiya to talk him out of his skepticism, only to discover that, in many ways, humans are even worse than he thought. We may have evolved to demand altruism from others, but not be altruistic ourselves. God and the Space-time Manifold is a summer seminar at Rutgers Center for the Philosophy of Religion June 13-24th, 2022. Twelve philosophers will lead discussions about God and the philosophy of time. They are looking for applicants. All professional philosophers and graduate students qualify.

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David Lewis steps off a plane from Australia in 2000 and falls seriously ill. In the final year of his life, he decides to take on Christianity, but does not live long enough to write a paper, leaving only his notes. His longtime friend Philip Kitcher turns the notes into Lewis' final piece on the evil of the Christian God. In our final episode of the series, we look at the philosophy of religion and examine the lasting legacy of David Lewis. Guest voices include Steffi Lewis, Ellen Lewis, Donald Lewis, Alan Hajek, John Bigelow, Frank Jackson, Anthony Fischer, Helen Beebe, and Meghan Sullivan. The remaining episodes of Season 5 will be released bi-weekly from here on out.

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In 1968, David Lewis decides that one truth can unify every theory he's had about the nature of the universe. It is that every possible world is equally real. He devises a distinctive way of arguing for the view, leading to a method of doing philosophy that is as influential as anything Lewis advances. Meanwhile, a soon-to-be colleague and rival, Saul Kripke, reads Lewis' paper and fires off eight objections. On the other side of the world, an entire continent becomes enamored with the life and works of David Kellogg Lewis, an admiration that survives to this day. Guest voices include Frank Jackson, Alan Hajek, John Bigelow, Helen Beebe, Anthony Fischer, Peter Anstey, and David Lewis.

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What was David Lewis like as a person? The consensus is that he did not know how to converse. At Swarthmore, David Lewis discovers he has a knack for philosophy and none at all with women, leading to a lifelong examination of the norms for conversation. By the time he reaches Harvard, he is ready to meet the love of his life, but almost fails out of the program in the process. By the end of his Harvard days, an entire continent on the other side of the Earth is abuzz about a rising star. Guest voices include Steffi Lewis, Alan Hajek, Lise Menn, Frank Jackson, and John Bigelow,

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David Lewis was one of the greatest minds of the 20th century, who few outside of academia know much about. By the time of his death in 2001, he was the greatest systematic thinker in metaphysics since the Enlightenment. In Part 1 of a four-part series, we follow his journey from sick little boy in Oberlin, Ohio to teenager learning about free will from Iris Murdoch. We accompany the story of his early life with his theory of time, time travel, and the self. Guest voices include R. Jay Wallace, Mark Schroeder, Steffi Lewis, Donald Lewis, Ellen Lewis, Alan Hajek, John Bigelow, and Meghan Sullivan.

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A woman spends 40 years in and out of prison for shoplifting and finally gets a break from a judge in her late 50s. She uses the opportunity to abolish a jail and transform her city. This week we look at prison abolition and the arguments for eliminating all punishment from the system. From the denial that we have free will, to the view that perpetuating injustice disqualifies the state from punishing, we look at whether any of us have the right to punish anyone else, and question the very purpose of the criminal justice system. Guest voices include Marilynn Winn, Gregg Caruso, Michael S. Moore, Erin Kelly, and Kimberly Kessler Ferzan. In the Slate Plus bonus episode, Barry speaks to Kimberly Kessler Ferzan about separating the criminal justice system into two distinct institutions, one dedicated to retributive punishment, and one dedicated to crime prevention. Why should there be two systems and what would be involved in separating them?

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Barry and Kimberly Kessler Ferzan talk about her proposal to divide the criminal justice system into two distinct components, with two distinct courts and burdens of proof, one for determining desert for punishment, one to prevent crimes from happening.

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Barry is joined by USC philosopher Mark Schroeder and Northeastern philosopher Matthew Noah Smith to talk about John Rawl's distinction between procedural and substantive justice, and whether it helps to evaluate the use of unconvicted conduct in sentencing.

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Two men committed a double murder in rural Maine in 1990. Only one pulled the trigger. The state prosecutor decided to try them separately, but that was a mistake, and both were acquitted. Then the Feds came in, and sentenced one man to life in prison for a crime he was already acquitted of doing. How is this possible in America? The answer is a loophole in criminal law. Today we examine that loophole by looking at the Thanksgiving Day murders in Maine, and the constitutional challenges this loophole has survived over the years. Guest voices include Sharon Mack, Gerald Leonard of Boston University Law, Judge Frederic Block, State Senator Todd Kaminsky, and Matthew Noah Smith of Northeastern University. In the Slate Plus bonus episode, Barry talks to Matthew Noah Smith of Northeastern University and Mark Schroeder of USC on whether John Rawl's distinction between procedural and substantive justice can help tell us whether and why the practice of sentencing on unconvicted conduct is just or unjust.

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In this bonus episode, Barry talks with Judge Frederic Block about mandatory minimums and prosecutorial immunity, two practices that Judge Block opposes. Zachary Hoskins explains the differences between cardinal and ordinal proportionality, or the difference in trying to figure out what punishments fits this particular crime, versus what ranking crimes to make sure their punishments don't cross any rankings. Barry then asks Thea Johnson about how fictional pleas affect power differentials between prosecutors and defendants, and how one state judge tried to do a study of fictional pleas, and concluded that they must be pervasive but uncountable.

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A teen-aged girl gets caught with a suitcase stuffed with powdered cocaine, and she comes before a federal judge. That judge learns that a felony conviction carries punishments for life for her. He embarks on a mission to get all other judges to shorten prison sentences in light of this. Meanwhile, a researcher learns of a pervasive but secretive practice where prosecutors, defense attorneys, and judges skirt the truth to protect defendants from unjust harsh punishments imposed on them from lawmakers. This week we look at collateral consequences, the thousands of laws restricting the freedoms and opportunities of the formerly convicted, like voting, housing, job opportunities, government benefits, and deportation. One philosophers believes many of these are permanent punishments, not civil measures for reducing risk. Guest voices include Judge Frederic Block, philosopher Zachary Hoskins, and legal scholar Thea Johnson. In the Slate Plus bonus episode, Judge Block gives his opinions about mandatory minimum sentencing and prosecutorial immunity. Zachary Hoskins distinguishes between two different principles of proportionality in sentencing, and Thea Johnson talks about why fictional pleas give prosecutors more power, even though they benefit defendants. The full bonus episode is available at the Hi-Phi Nation Slate Plus feed.

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Attorney and social worker Lisa Newman-Polk talks about her client, Eugene Ivey, whose story figures in the main episode, Redemption in the DDU. Eugene spent 13 years in solitary as part of a 15-to-life sentence, of which he has been paroled after 25 years. However, Eugene is still locked up, and Covid-19 has made it worse. For Covid-19 related updates about the prison system, visit: Prisoner’s Legal Services of Massachusetts Prison Policy Initiative

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Erick Williams tells the story of how one bad night in the chow hall got him into solitary confinement at Walpole. The path out of solitary, and eventually out of prison, took another decade.  On this episode, we look at the unique power of the Department of Corrections to do with prisoners what they will at their discretion. Philosopher Lisa Guenther tells the history of solitary in America, and the conceptions of the self that drive its continued use. We end with an examination of what the experiences of solitary say about the nature of human experiences of time, purpose, and connection with other humans. Guest voices include Erick Williams, Lisa Guenther, Lisa Newman-Polk, and Jamie Eldridge.  In the bonus episode, Barry and Lisa Newman-Polk tell the story of Eugene Ivey, Erick William’s best friend, who spent 13 years is solitary, was paroled, but is still locked up on charges inside the Massachusetts prison system.

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Barry and Sarah Lustbader talk about Natasha Irving's approach to sexual assault prosecutions and whether the adversarial nature of the criminal justice system necessarily makes it a bad fit for improving gender relations and reducing gender crime.

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On this episode, we look at feminist and progressive prosecution; how does a prosecutor balance the aims of prosecuting more gender-based crimes while also being sensitive to the problems of mass incarceration? We look at the story of one Maine prosecutor who is winning victories in sexual assault cases that were once deemed unwinnable, and whether this lowers the bar of burden of proof to unjust levels for gender crimes. Finally, we look at how one study in 1984 started a 40-year trend in mandatory arrest policies for domestic violence, and how these policies have backfired for the communities those policies were meant to protect. Guest voices include Natasha Irving, Michelle Madden Dempsey, Aya Gruber, and Lawrence Sherman. In Slate Plus, Sarah Lustbader and Barry talk about whether the adversarial system of prosecution and defense makes the criminal justice system a bad way to pursue improvements in gender relations and reduce gender-based crime.

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Barry and Sarah Lustbader talks about the incentive public defenders have to make informant deals, and whether we can justify liking police discretionary actions to break laws in the interest of busting crooked cops and politicians, but despise their use for low-level drug offenses. They conclude with talk about what makes for valid and free contracts between unequal parties, and whether there is a difference between an offer and a threat.

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This week we go inside investigative operations in NYPD internal affairs and in the war and drugs to look at the police use of discretion to selectively break laws in order to pursue the bad guys. One former FBI special agent turned political philosopher argues that local and federal law enforcement are the biggest threat to the rule of law in their ongoing use of discretion to secure informant deals, perform sting operations, and otherwise break laws in order to enforce them. Guest voices include Robert Bryan, Luke Hunt, Nick Taiber, and Sarah Lustbader.

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On this bonus Slate Plus episode, Barry and Sarah Lustbader talk about the issues raised in the police discretion episode. They talk about how to implement public reasons test for officers using their discretion in low-level offenses, and what it would mean to "disbar" an officer for unethical behavior. Sarah questions why the system considers it a "favor" to a defendant to let them off, or give them a lighter sentence. What would happen if we took seriously that arrest is not the correct response to wrongdoing for malum prohibitum crimes.

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Is a mobile home a home or a car? Is a car parked inside a home part of the home? The answer to these stoner philosophical questions determine the scope of police power. Over the last 100 years, the Supreme Court has presided over the expansion of police discretionary powers to stop, search, and arrest people through litigation over automobiles. This week, we look at the stories of those decisions, including Carroll, Ross, and Whren, We then turn to the political morality of police discretion, and why John Rawl's test of public reason places far more constraints on law enforcement than the Supreme Court ever would. We investigate the consequence of public reasons tests for targeted policing, racial profiling, and consider whether police should have the power to overrule democratically elected criminal laws. Guest voices include Sarah Seo, Brandon Del Pozo, and archival audio from SCOTUS.

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In this Slate Plus segment, Barry is joined by Sarah Lustbader to discuss the issues raised in Episode 1: Criminal Minds. Sarah expresses skepticism about the significance of mens rea in ordinary prosecution of street crimes, Barry uses the opportunity to discuss the issue of moral luck as an explanation of why egregiousness of outcome seems to be the driving factor for prosecution rather than mens rea. The two end with a discussion of why the deontological/consequentialist distinction is so difficult to figure out for reform-minded advocates.

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One place where law and morality are supposed to agree is that there should be no crime without a criminal mind, what is called “mens rea” in criminal law. But there have been a proliferation of crimes that do not require knowledge or intent, contributing to over-prosecution and overincarceration. Conservative and libertarian lawmakers have claimed the moral high ground over progressives in advocating that people who do not intend and do not know they are breaking a law be excused for their criminal conduct. Is this correct, or is it just a cover to make white-collar crimes harder to prosecute? Today we look at the battle over mens rea reform in the criminal justice system, the moral theory underlying the idea that being culpable for wrongdoing requires an objectionable state of mind, and why it is that human beings care so much more about mindset than they do about conduct. Guest voices this week: Michael Chase, Benjamin Levin, Gideon Yaffe, State Senator Todd Kaminsky, John Guidry, and Sarah Lustbader

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From writing criminal laws to rights denied to the formerly incarcerated, every single stage of the criminal justice system runs on unquestioned assumptions about right and wrong, responsibility and excuse, freedom, protection, and discretionary decision-making. This season of Hi-Phi Nation will question and examine those assumptions. The season begins on May 2nd, 2020, and will feature exclusive invite-only Zoom events for select listeners. Go to hiphination.org to find out how to be invited.

Also this season, there will be eight bonus episodes featuring me in conversation with criminal justice professionals. Slate Plus members get an ad-free feed and all eight bonus episodes this season. Sign up now to listen and support our work.

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Drake coined “YOLO,” short for “you only live once” in 2011, and then later apologized for all the douchiness it subsequently engendered.  But the spirit is ancient, and cross-cultural, speaking deeply to the kind of decision-making that is supposed to make for the good life. It seems to be saying that risk and spontaneity should be valued above prudence and planning. Is that true? This week we take calls from listeners about their YOLO stories. We follow two college buddies who venture into the Malaysian jungle, naked, with nothing but a machete and oodles of YouTube survivalist knowledge looking for the ultimate YOLO experience.   Meanwhile, philosopher Nick Riggle meditates on the significance of YOLO, and wonders whether living twice, or an infinite number of times, would make a difference to the value we place on adventure and risk-taking. Maybe not. The spirit of YOLO then, might have nothing to do with living once, but rather about living at all.  Guest voices include James Moynihan, Daniel Olifi, Nick Riggle, and many Hi-Phi Nation listeners.  This is the season finale. Listen until the end of the episode for big news about Season 4 of Hi-Phi Nation.

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Pyotr Tchaikovsky composed and conducted his final symphony in 1893. He died 9 days later, after having knowingly drunk an unboiled glass of water during a cholera epidemic. Deep into the symphony, Symphony no. 6, there is a paradoxical passage that, when played, no one will be able to hear.  This is because Tchaikovsky scored it to contain a musical illusion. The mystery is why he put it there. Sound illusions reveal some of the most puzzling features of the human mind, most notably its insistence that it knows reality better than reality itself. On this episode, we listen to some of the most curious auditory illusions to find out how some of the features of sounds are generated by the human mind, rather than features of the external world. The illusions reveal something deep about some of the most treasured human endeavors, including music and language. Guest voices include Diana Deutsch, Casey O'Callaghan, and Christine Howlett. Thanks to Kenna Tuggle for violin passages. Slate Plus listeners, we need you to fill out a survey. Its here at www.slate.com/survey

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In this bonus episode exclusively for Slate Plus members, Barry Lam and Stephen Metcalf discuss whether they can separate the morality of an activist's tactics from the morality of their causes, and Barry talks about why he finds vegans insufferable even though they might be right. Stephen worries about whether the diversity of human moral judgment requires the mask of civility, and the two discuss whether tolerance for incivility is generational. Finally, Barry asks Stephen what he thinks of restaurant owners asking politicians to leave their establishment.

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In Australia, vegan and animal liberation activism has recently become intense and disruptive, invading farms, restaurants, and city centers. They’re doing everything from rescuing animals to blocking traffic, and occupying steakhouses. Some argue that these new activists are needlessly victimizing innocent farmers, business owners, and consumers. Others argue that the activists are only doing what’s necessary to stand up for the innocent victims of farmers, business owners, and consumers.  For any cause, when change does not seem to happen, or happen quickly enough, movements can turn to more confrontational styles of protests, or “uncivil disobedience.” Is this morally defensible, or is civility a must in any kind of protest?   Guest voices include Kimberley Brownlee, Chris Delforce, Candice Delmas, Lauren Gazzola, Paula Hough, David Jochinke, Joanne Lee, Brian Leiter, Clare McCausland, Tyler Paytas, Jacy Reese, Jeff Sebo, and Peter Singer. For Slate Plus Members, there is a full bonus episode featuring Barry talking with Stephen Metcalf of Slate Culture Gabfest about the philosophical issues raised in the episode. Both Barry and Stephen try to come to terms with whether they think we can separate the morality of activist tactics with the morality of their causes. Get that bonus episode on the Hi-Phi Nation Slate Plus feed.

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In the forty years since the events at Olivia Records, gender categorization seems to pop up sporadically in the mainstream press, leading to what sociologists Laurel Westbrook and Kristen Schilt call "gender panics," and then they disappear only to emerge again at some other time. An analysis of gender panics show that people fear some gender nonconformists but seem perfectly fine with others.  It turns out that one thing in particular, just one thing, causes and then quells a gender panic, showing that the public has a very peculiar underlying theory of gender.  Meanwhile, the metaphysics of gender is the academic study of what gender is, and who belongs in a particular gender category. In that area, the descendants of the views about gender in the 70s stake their positions today, calling for the inclusion or exclusion of certain transindividuals in sex-segregated spaces. We look at some of these arguments and the contested assumptions that underlie them, and then come back out to the real world to see how trans-inclusive women-only spaces seem to be doing in America. This is part 2 of 2 about the metaphysics of gender.  Guest voices include Sandy Stone, Janice Raymond, Laurel Westbrook, Holly Lawford-Smith, and Robin Dembroff.

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It is currently very difficult to get your gender legally changed in the U.K, That might change. In recent months, philosophers have been drafted into making complicated and contentious arguments about what it is to be a man, woman, or any other gender in the service of advancing or blocking the movement for trans-rights and recognition. In particular, it has exposed a conflict between trans-rights advocates and a certain wing of feminism, a conflict that in fact has its roots in America in the 70s. On this episode, we look at the historical origins of this conflict by looking at a single event involving two women in the 70s, one of whom founded the gender-abolitionist wing of feminism, and the other founded transgender studies. That event, and those ideas, help us to understand the stakes and contentiousness today. This is part 1 of 2 on the metaphysics of gender, and in particular, the question of what is a woman? Guest voices include Sandy Stone and Janice Raymond.

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Preschool kids get their first taste of democratic participation when they vote on their class name, and democratic private schools try to display the value of democracy by making kids vote on everything, even the school budget. Does it work or do kids make terrible decisions?  One diagnosis of our modern-day political problems is that too many stupid people are voting for stupid things. There are two proposed fixes; mandate that everyone vote, so as to diminish the power of ignorant and irrational voters, or find ways to disenfranchise all and only the misinformed people. This week we examine both proposals, examining whether compulsory voting is a solution to the problems of democracy, or whether getting rid of democracy altogether can be wise or just.  We look at Sudbury Valley and Brooklyn Free School, democratic schools where the people who are thought too ignorant and irrational to vote are given democratic power. Are there are any lessons to be drawn for our democratic problems from these democratic schools?  Guest voices include Jill Sheppard, Jason Brennan, Noleca Radway, Jonathan Ho, and alums of democratic schools.

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A few days after the New Zealand Mosque massacre, Dr. Thaya Ashman heard about a woman who was too afraid to come out in public in her hijab for fear of being targeted. So Dr. Ashman had an idea to invite every person in New Zealand to wear a headscarf in public. The result was quite different from what happened in America three years ago, when a woman who tried to make a similar gesture of good will toward Muslims incurred the wrath of evangelical Christians on social media. On this episode, Barry revisits that episode in light of the New Zealand massacre, and how it helped write the next chapter in a thousand year-old controversy concerning Christianity, Islam, their shared origins, and the nature of God. Guest voices include Thaya Ashman, Larycia Hawkins, Michael Mangis, Karly Bothman, Paul Griffiths, and Amir Hussain.

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This year will mark the 18th anniversary of the war in Afghanistan, the forever war characterized by regime change, a surge, drawdowns, and then re-engagement across three Presidential administrations. We take a retrospective of the entire war, from the forgotten events of the lead-up to its total financial and moral costs to date. Journalist Douglas Wissing and Professor Neta Crawford of the Cost of War project take us through the staggering amounts of money spent on prosecuting the war and the development of Afghanistan, and we investigate where the money went. Veterans who served at each stage of the conflict, from the Gen Xers of the early days to the millennials of the Obama surge, give us the changing, and unchanging picture of the unending war. Finally, philosopher Seth Lazar and Barry talk about sunk costs and the role that thinking about past sacrifices play in rationalizing the indefinite continuation of war.  Special thanks the veterans who gave their stories for this episode, Ian Fishback, Joshua Maxwell, Gavin Eier, Pat DeYoung, and Romario Ortiz.  In the bonus content for SlatePlus members, Neta Crawford talks about the opportunity costs of the wars that can't be calculated, and Barry talks with Doug Wissing about the opium economy of Afghanistan.

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Co-host of Slate Culture Gabfest and Slate's critic-at-large Stephen Metcalf sits down with Hi-Phi Nation host and producer Barry Lam to talk about the story and philosophical issues from "No Offense", episode 3 of Season 3 of Hi-Phi Nation on the moral foundations of free speech protections in the U.S. and Australia. Stephen defends the Australian position but notices that central features of the story about Sonny in the main episode seems to tell against the idea that it is the morally better society. Barry and Stephen discuss why America seems to privilege "negative liberty", with Barry taking the optimistic position that Americans think humans will flourish if the government just gets out of the way, and Stephen takes the pessimistic position that it is because Americans are too suspicious of each other to give each other power to character positive liberty. The two then talk about free speech on campus.

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What if you could sue someone for calling you a racial slur? In the 90s, one country that always looked very similar to America decided to allow it, rolling back the rights to free speech in the interest of protecting victims of hate speech. Is the result a slippery slope to government tyranny, or a more harmonious society? The moral right to hate speech does not run as deep in the U.S. as most people believe. Only in the last 80 years of litigation and activism has it become protected. On this episode, we look at the story of a racial slur that led to a precedent, we take a whirlwind tour of landmark First Amendment cases, and two philosophers argue about whether morality is on the side of U.S. law. It might not be.  Guest voices include Sonny Sidhu, Tim Soutphommasane, philosopher Jeffrey Howard, and philosopher Seana Shiffrin. There is a special bonus episode for Slate Plus listeners only where Stephen Metcalf, Slate's critic-at-large and host of Slate Culture Gabfest, sits down with Barry to talk about the philosophical issues from this episode. Subscribe to the SlatePlus version of Hi-Phi Nation to get the episode.

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How many innocent people should we be allowed to arrest and jail in order to prevent a single dangerous person from being free? The Supreme Court has refused to answer this question, but algorithms have, and many courts across the country are going with the algorithm.   At different stages of the criminal justice system, computerized risk-assessment algorithms are slowly replacing bail hearings in determining who goes to jail and who goes free. This is widely seen as progressive reform, but may in fact be leading to more incarceration, not less. While many are warning that these algorithms are biased, racist, or based on bad data, the real problems are in fact much deeper, and even harder to solve.  Guest voices include Megan Stevenson, John Raphling, Renee Bolinger, Georgi Gardiner, and Seth Lazar.

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Predictive policing technology is spreading across the country, and Los Angeles is the epicenter. A small group of LA activists are in a lopsided campaign against billions of dollars in city, federal, and Silicon Valley money using algorithms to predict where and when the next crime is going to occur, and even who the perpetrators are going to be. Barry embeds with the Stop LAPD Spying coalition for a week in Skid Row and investigates how state-of-the-art predictive policing programs work. He then talks to sociologists and philosophers about how big data is changing the relationship between police and the communities they serve. We then turn to the justice of using statistical predictions for the purposes of profiling and police intervention. This is part 1 of 2 on the use of statistical algorithms in criminal justice. Guest voices include the LAPD police commissioners, Hamid Khan, Jamie Garcia, Sarah Brayne, Flora Salim, and Renee Bolinger.