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1
Oxford University Press is a department of the University of Oxford. It furthers
the University’s objective of excellence in research, scholarship, and education
by publishing worldwide. Oxford is a registered trade mark of Oxford University
Press in the UK and certain other countries.
9 8 7 6 5 4 3 2 1
Printed by Sheridan Books, Inc., United States of America
v
For the children in our families, Martín, Cristina, Christian, and Nicolás,
hoping that our work will contribute to a better world for them, where
dissent does not obfuscate.
vi
vi
CONTENTS
Acknowledgments ix
3. Bad-Faith Dissent 33
Notes 153
Index 211
vi
ix
ACKNOWLEDGMENTS
Like all books, this one has benefited from the generosity and expertise of
friends and colleagues. Thanks are due to John Beatty, Evelyn Brister, James
Brown, Stephen Brown, Martin Carrier, Sharon Crasnow, Kevin Elliot, Daniel
Flory, Karen Frost-Arnold, Maya Goldenberg, Daniel Hicks, Stephen John,
Ian James Kidd, Boaz Miller, Kristin Shrader-Frechette, Torsten Wilholt, and
Alison Wylie for taking the time to read and comment on earlier versions of
the manuscript. We are also grateful to the organizers and participants of the
Workshop on the Epistemic Role of Manufactured Dissent in Climate Science
at Karlsruhe Institute of Technology, and particularly to Justin Biddle and
Anna Leuschener for pushing us to think more carefully about epistemically
detrimental dissent. Thanks also to the reviewers of the manuscript for their
thoughtful and detailed feedback, and to Lucy Randall, our editor at OUP, for
her encouragement and support through all the stages of this project.
This book would not have been possible without a collaboration that now
spans years. We have learned to understand quite well how one another thinks
and often can anticipate each other’s criticisms. We believe that this collabo-
ration has resulted in a better manuscript than it would have been otherwise,
and it undoubtedly made the work much more fun. This collaborative work
was greatly facilitated by both of our institutions, Weill Cornell Medicine and
Montana State University, who gave us time and support to work together—
both virtually and in person. Kristen Intemann is particularly grateful to Dean
Nicol Rae and the College of Letters and Sciences for travel support. Thanks
also to our colleagues in the Division of Medical Ethics and the Department
of History and Philosophy for their support and their willingness to discuss
many of the ideas addressed in this book.
Last, but certainly not least, we are immensely grateful to and for our
family and friends. They provide the love, support, laughs, and encourage-
ment that make life joyful and work meaningful. We owe special thanks to
our parents Gerald and Christina Intemann, Elinor and Ken Wymore, Alfredo
de Melo Coello, and Catalina Martín Cano. They inculcated in us a love for
learning and helped cultivate a sense of social justice. Kristen thanks Pablo
Fernandez Coletes whose constant support has brought joy and balance to her
life and whose boundless optimism makes her believe that the world can be
a better place. Inmaculada is grateful to Martín and Cristina, for bringing so
much delight to her life.
ix
x
xi
During his time in office from 1999 to 2008, South African president Thabo
Mbeki and his Minister of Health, Manto Tshabalala- Msimang, firmly
opposed government support for existent HIV antiretroviral (ARV) drugs and
sought to limit their use in the country.1 Despite the overwhelming global sci-
entific consensus that HIV causes AIDS and that ARVs are the most effective
way to control the disease, Mbeki’s government questioned these claims and
withdrew support from clinics that had started using ARVs, obstructed Global
Fund grants, and restricted use of donated ARVs.2 Researchers have estimated
that delays in the provision of ARVs in the public sector during the Mbeki
presidency resulted in the premature death of at least 330,000 South Africans.
Similarly, they have argued that because of restrictions on the use of drugs
to prevent mother-to-child transmission of HIV, 35,000 babies were born
infected with the virus.3
Currently, in several countries including the United States and the United
Kingdom, an increasing number of parents are refusing to vaccinate their chil-
dren, despite the clear consensus among researchers that pediatric vaccines
are safe and effective.4 Parental refusal of the measles, mumps, and rubella
(MMR) vaccine during the last two decades has had a devastating effect on
public health, resulting in outbreaks in places where the disease had been
eradicated. In the early 2000s, vaccination rates dropped precipitously in
England going from 91% in 1998 to below 80% in 2003.5 New cases of measles
increased from 56 in 1998 to 1370 in 2008. Measles outbreaks began to occur
in London, where less than 50% of children were immunized, and quickly
spread to Scotland and Ireland. Similarly, the United States, where measles was
thought to have been eradicated since the year 2000, has suffered a resurgence
in the disease. In 2014, there were 644 cases of measles, three times as many as
reported the year before.6 Researchers have estimated that MMR vaccination
rates among the exposed population in which secondary cases occurred might
be as low as 50% and likely no higher than 86%.7
1
2
There is a wide gap, particularly in the United States, between the results
of climate science and public support for climate policies. According to a re-
cent report by the Lancet Commission on Climate Change and Health, the
effects of climate change represent a potentially catastrophic risk to human
health.8 Possible direct and indirect health impacts include higher rates of res-
piratory and heat-related illness, spread of disease vectors, increased food in-
security and malnutrition, and displacement. The World Health Organization
estimates that an additional 250,000 deaths per year from 2030 to 2050 will
result from climate change related effects.9 Such changes will also produce
increased drought-related water and food shortages, damages from river and
coastal floods, and extreme heat events and wildfires. Research shows that all
nations will face the adverse environmental, economic, and health effects of
climate change, but developing countries and vulnerable populations such as
the elderly, children, and persons with chronic illnesses will be disproportion-
ately impacted. Available scientific evidence shows that preventing or limiting
these negative effects requires global and immediate behavioral and policy
changes intended to reduce greenhouse gas emissions.10 Nonetheless, although
concerns about reducing global warming are part of the international political
agenda, it has been difficult to obtain a binding international agreement to
curb climate change by all major emitters worldwide. The Paris Agreement,
an agreement within the United Nations Framework Convention on Climate
Change that aims to address greenhouse gases emissions mitigation, adapta-
tion, and finance, is due to take effect in the year 2020. Although the Obama
administration signed and ratified the Paris Agreement, the Trump admin-
istration subsequently decided to withdraw from it. While many expressed
concerns about this move, many Americans oppose policies directed at
tackling climate change and support Trump’s decision. The most effective
policy implementations have been made by states and cities.
Why do people reject scientific claims that scientific experts accept?
What accounts for this gap between what the scientific community takes
as broad and well-grounded consensus and people’s support for such con-
sensus? And why do people push back against scientifically grounded public
policies and actions? A variety of complex factors, including educational
level, religious beliefs, political affiliation, and social identity, contribute to
the existence of these general differences between the public and the sci-
entific community.11 However, many have called attention to the role that
a handful of dissenters have played in generating these various disastrous
consequences.12
In justifying his AIDS and ARV policies, Mbeki explicitly seized on the
dissenting research of Peter Duesberg and his colleagues who insistently
denied that HIV was the cause of AIDS and that ARV drugs were useful.13
These scientists also served on Mbeki’s Presidential AIDS Advisory Panel
3
in the early 2000s to determine whether HIV caused AIDS. In fact, some
researchers have directly implicated Duesberg and colleagues—and not just
Mbeki’s government—in the resulting South African AIDS deaths.14
Parents who refuse to vaccinate their children often cite concerns about
vaccine safety raised by a discredited study linking the MMR vaccine and au-
tism. In 1998, Andrew Wakefield described a new autism phenotype he argued
was triggered by environmental factors such as the MMR vaccine.15 The pub-
lication received a significant amount of attention and, with help from the
media and highly visible, sometimes celebrity-led advocacy groups, convinced
many parents that they should refuse to vaccinate their children.16 Although
the data presented in the paper have been declared fraudulent17 and Wakefield
has been found guilty of ethical, medical, and scientific misconduct in the
publication of the research,18 the influence of Wakefield’s dissent in parent’s
vaccination decisions has been difficult to counter.
Similarly, climate change skeptics have pointed to instances of dissenting
views about anthropogenic climate change as evidence that there is no sci-
entific consensus and that potential mitigation policies are unnecessary or
unwarranted. In many cases, private industries have funded such dissenting
research and think tanks have spent millions of dollars in publicizing these
views that benefit their particular economic and political interests.19 The
media’s practice of “balanced reporting”—a perceived duty on the media’s
part to give equal coverage to dissent and the scientific consensus–has also
contributed to the perception that dissenting voices are widespread. Although
this practice is increasingly questioned,20 this so-called balancing requirement
has made dissenting views appear more legitimate and extensive than they ac-
tually are.21 Many scholars have therefore concluded that the publicity given to
problematic expressions of dissent over the existence of anthropogenic climate
change has led to public confusion and doubt, as well as apathy and lack of
support for mitigation policies.22
As these examples show, some instances of dissent about scientific claims
have considerable negative epistemic and social impacts. Dissent can result in
confusion or false beliefs about what the evidence says, the existence of a sci-
entific consensus, or the degree to which scientific claims are supported by the
evidence. Furthermore, insofar as such dissent pushes scientists to repeatedly
critique dissenting voices or justify why such views ought to be dismissed, it
can force scientific communities to waste valuable time and other resources.
Dissent, particularly when it is aggressive and politically charged, can also
create a context in which scientists feel intimidated, slowing or impeding sci-
entific progress.23 Scientists may avoid research in particular areas or water
down their conclusions in order to avoid reprisals. Some cases of dissent, then,
not only can fail to contribute to the advancement of science but actually can
hinder it.
4
to be not just any criticism about science but specifically the act or practice
of challenging a widely held scientific position. This can include objecting to
particular hypotheses, theories, or methodologies. Furthermore, scientists and
their research are often the source of dissent, but in what follows we do not
assume that they alone can produce dissenting views. Other relevant parties
can also challenge widely held scientific conclusions, though as we will see,
identifying these parties is part of the debate over what constitutes appropriate
and inappropriate scientific dissent, as expertise may be relevant. Because we
take dissent to be a practice and not just a position, we also include in our
understanding of dissent the acts of promoting and disseminating dissenting
research.
Our focus is not, however, on scientific dissent in general—the challenging
of consensus positions—but on normatively inappropriate dissent. As we dis-
cuss in chapter 2, scientific dissent has various epistemic benefits that are es-
sential to the advancement of science. Such epistemic benefits can obtain even
when the dissent in question turns to be erroneous. What distinguishes NID
from dissent that is merely mistaken is that it fails to yield any of the epistemic
benefits that make even false dissent valuable. Hence, we take NID to be not
simply dissent that advances incorrect scientific claims but, rather, dissent that
fails to promote or that hinders scientific progress. This failure is problematic not
only for obvious epistemic reasons but also for social ones, as NID can lead
people to disregard well-grounded policies or oppose needed ones.
Our choice of the term “normatively inappropriate dissent” is not
without importance. The cases of dissent discussed in the introduction and
other similar ones have been variously referred to as “manufactured doubt,”33
“epistemically detrimental dissent,”34 dissent that fails to be “normatively ap-
propriate,”35 or dissent that artificially “creates scientific controversies” where
there are none.36 Although terms such as “manufactured doubt” are now part
and parcel of both academic and popular discussions regarding what many,
including us, take to be problematic instances of scientific dissent, we find
the terminology limiting. To refer to cases of problematic dissent as “man-
ufactured” or “artificially created controversies” implies that the dissent in
question has been deliberately produced with negative intentions. Nefarious
motives may—and indeed we believe they do—characterize problematic
dissent in many cases, and we discuss this criterion in c hapter 3. Nonetheless,
dissent can have disastrous epistemic and social consequences even when it
is created without conscious malicious intentions. Similarly, the term “epi-
stemically detrimental” focuses attention only on one potential adverse con-
sequence of problematic dissent—that is, it can slow or impede scientific
progress. Although this might be a particularly important effect of problem-
atic dissent, we prefer not to limit our attention to epistemic consequences
alone. After all, some of the most debated concerns about problematic sci-
entific dissent have centered on adverse social consequences such as the
7
Trying to prevent or limit the damages that can result from problematic
dissent involving policy-related science might initially appear a relatively easy
task. Once the dissent in question has been identified, scholars and others can
attempt to discredit dissenters by showing, for instance, their financial ties to
industry or political think tanks so as to call into question the quality of the
dissent.43 In an effort to correct false beliefs or reduce them, scholars could
also choose to emphasize the existence of scientific consensus44 and to limit
public discussion regarding legitimate disagreements within the scientific
community.45 Scientists could also limit the influence of NID and thus reduce
its presumed negative epistemic and social consequences by suppressing prob-
lematic dissenting views through the review process.46
But as we will see in chapter 2, scientific dissent plays essential roles in
the production of scientific knowledge. First, it furthers scientific progress.47
Dissent can contribute to limiting the influence of problematic biases of indi-
vidual researchers; ensure that a full range of research projects, hypotheses,
models, and explanations receive adequate attention; and provide alternative
ways of conceiving phenomena. Second, even if dissenting claims turn ulti-
mately to be incorrect, dissent may lead to new evidence in support of the
consensus view, strengthen justification for the consensus, and thus increase
confidence in its correctness.48 Third, the existence of dissent can promote ap-
propriate public trust in science. It can give the public confidence that the sci-
entific community is open to challenges and that it duly scrutinizes consensus
views.49
Because of the critical value that dissent has in science, any strategy in-
tended to target dissent necessitates a reliable means to identify problematic
dissent—that is, the ability to distinguish NID from legitimate and valuable
instances of dissent, whether or not such legitimate instances turn out to be
scientifically correct. Without the ability to reliably identify NID, an emphasis
on the consensus, the silencing or restriction of dissenting views, or even
attempts to simply limit opportunities for dissent can constrain valid research
agendas, the pursuit of alternative areas of knowledge, and the consideration
of important objections if the dissent targeted is actually epistemically val-
uable.50 To the extent that such strategies might, even if inadvertently, lead
to excluding the legitimate voices of those who are socially marginal, they
can also contribute to social injustice.51 Of course, insofar as education of the
public and policymakers is the primary strategy used to address the adverse
1
standards for what constitutes good evidence must exist.54 Similarly, dissenters
must engage in uptake—that is, they must take criticisms of their own views
seriously and respond to these challenges by revising their arguments or
explaining why the criticism is unsound or misguided.55 Likewise, actors must
have appropriate expertise in the scientific area under dispute in order to be
able to propose and evaluate dissenting claims.56 Although it would be prob-
lematic to dismiss dissent on the basis of some epistemically irrelevant fea-
ture, such as the gender, race, or political affiliation of the dissenter,57 being
an “eligible player” in the scientific-inquiry game requires that one meets
certain qualifications relevant to the area of science under investigation. In
chapter 4, we argue that, although these criteria appear eminently reason-
able as requirements of transformative criticisms, what they actually involve
is not straightforward. Indeed, we show that some of the interpretations of
these criteria are likely to identify as inappropriate dissent that is actually ep-
istemically valuable, while other interpretations of these criteria would fail to
pinpoint the very cases of dissent that some consider paradigm cases of NID,
such as dissent with respect to evolutionary theory, climate change, and GMO
safety.
Others have called attention to the role of inductive-risk judgments in the
context of problematic dissent.58 Dissent that calls for rejecting certain con-
sensus views related to public policy can be risky. When consensus views are
mistakenly rejected, it can have serious consequences for public health and
well-being. These risks may not be worth taking when the risks dispropor-
tionately fall on the public, or when the dissent in question fails to conform to
widely shared standards of good science. Chapter 5 focuses on this inductive-
risk account. After showing its strengths, we critically evaluate it and argue
that this account also fails to provide us with a criterion to reliably identify
NID. In part this is because of the difficulties presented by the criterion of
shared standards in science. Moreover, because of the ambiguities present in
judgments about inductive risks, the inductive-risk account also turns out to
present serious problems in practice.
These chapters together provide one of the pillars of our challenge to the
question of dissent: reliably identifying NID is difficult, and although some
scholars have defended potential criteria implicitly or explicitly, none has
been successful. Chapter 6 introduces the second pillar: even if such reliable
identification were possible, it would be unlikely to help us in addressing
many of the epistemic and social adverse impacts that can result from NID.
Granting, for the sake of argument, that it is possible to reliably track NID,
we study how this could be used to prevent or reduce the damage that such
dissent can produce. For instance, once identified as NID, one could prohibit
the dissent in question, target it for special scrutiny, discredit dissenters,
or determine when to emphasize a consensus. Scholars could also use the
ability to reliably identify NID as a way to place limits on scientists’ epistemic
13
for it. Given that in general it is difficult for laypersons to assess whether or
not conflicts have adversely affected the justification for particular scien-
tific claims, rampant conflicts of interest cast doubts on the trustworthiness
of scientists. We likewise consider the phenomenon of scientific miscon-
duct. We show that scientific misconduct, particularly when understood
as including questionable research practices, is far from uncommon, and
that policies to prevent, detect, investigate, and sanction such misconduct
are either nonexistent or inadequate, meaning that the current research
system is probably contributing to the presence of cases of misconduct.
Unsurprisingly, we claim that this phenomenon also undermines trust in
scientific communities and their claims. We consider some strategies for
changing these trust-undermining practices so as to better facilitate and
maintain rational trust in scientific communities.
Chapter 9 deals with another factor that plays a role in eroding trust
in science: concerns about the negative influence of nonepistemic values in
science. The use of social, political, or personal values and interest can threaten
the epistemic integrity of the research. If the public believes that scientists
have a political agenda that biases their research, this can call into question
the trustworthiness of scientists in a particular research area and thus can un-
dermine public trust in science. To address this source of public mistrust, it
might be tempting to encourage scientists to adhere more strictly to a value-
free ideal of science so as to ensure that nonepistemic values do not influence
scientific reasoning. This, however would be a mistake. Notwithstanding nu-
merous examples from the history of science where the use of nonepistemic
values have led to bias, such values also play necessary and important roles
in scientific reasoning. Facilitating warranted trust, we argue, requires that
we develop and implement strategies likely to reduce the illegitimate use of
nonepistemic values in science. Institutional practices, such as promoting
public avenues for criticism or promoting diversity among scientists, increase
the opportunities for identifying and critically evaluating values, as well as
for correcting the biasing influences such values may have. Such practices
are likely to be more successful both in ensuring the epistemic integrity of
the research and in creating and sustaining justified public trust in scientific
communities. These sorts of mechanisms, however, fail to address reasonable
concerns the public may have about the priority of certain values over others.
Such concerns can also undermine justified trust in scientific communities.
Even if nonepistemic values do not undermine and can actually improve
the epistemic soundness of research, leaving these decisions in the hands of
scientists alone is a different matter altogether. Scientists have no expertise in
this area and their value choices are unlikely to be representative of the diverse
interests that exist among stakeholders. Thus, to create and sustain warranted
public trust, the scientific community needs to implement strategies that
15
promote transparency of values and are inclusive and representative of the di-
versity of stakeholders’ interests.
If we are correct in our analysis, then encouraging institutional and so-
cial practices that make the scientific community more trustworthy is likely
to be a more effective strategy to address the problems that NID can create.
This will require significant empirical research aimed at identifying the kinds
of mechanisms that can be successful in doing so. Of course, even if such
mechanisms can be identified, we recognize that implementing them will
not be an easy task. But, as the continuing debate on global warming shows,
attempts to target some dissenting views so as to avoid their negative social
and epistemic consequences is not an easy task, either. Moreover, promoting
institutional changes that encourage warranted trust in the scientific commu-
nity is likely to have additional benefits that have nothing to do with correcting
or limiting the problems that NID can produce.
In chapter 10, we change gears and propose a second recommendation to
deal with the negative adverse effects that NID can have: we must recognize
the limits of scientific evidence when it comes to public policymaking. All the
prior chapters accept an assumption that underpins much discussion regarding
problematic dissent: that resistance to particular policies and actions stems in
great part from the presence of such dissent. The contention is that failures
to, for example, support emissions regulations, vaccinate children, or embrace
widespread use of GMOs are to a large extent the result of dissenting views that
end up confusing the public and policymakers about the state of the science.
Chapter 10 interrogates that assumption. We argue that resistance to science-
based policy recommendations can arise from disagreements about the values
that underlie certain policy choices, rather than simply from confusion about or
ignorance of the state of the science. In this chapter, we call attention to an im-
portant aspect of policy-relevant science that has been obscured in discussions
over NID: the role of values in policy decisions. We identify different ways in
which value disagreements can reasonably lead people to conflicting views
about whether to reject or support particular policies or actions. Specifically,
we argue that failure to accept certain policies or actions may be the result of
disagreements about what has value, how to interpret particular values that are
shared, how to weigh competing goods when they conflict, or how best to pro-
mote particular values or policy goals. Insofar as resistance to certain policies
is the result of disagreements about values rather than simply the result of
disagreements about the scientific evidence, understanding the ways in which
differences in values can influence policy debates is crucial to being able to ad-
vance such debates in fruitful ways. As important as science is for sound public
policy, at least in the context of some public policies, a focus on the science can
take us only so far. Finding ways to solve value disagreements is thus likely to
help address the negative effects that NID can have.
16
There are genuine concerns about the gap in various scientific areas between
what scientists take to be a matter of consensus and what laypersons often
believe regarding such consensus. Many have argued that this gap results in
significant part from the presence of problematic dissent, or what we here
call NID. In this book, we challenge this approach to the problem. Without
denying that some dissent can fail to advance or even hinder knowledge pro-
duction, and that its existence can have adverse consequences such as public
confusion, stalled policies, wasted resources, and intimidation of scientists, we
believe that the central problem has been misdiagnosed.
This book aims to consider four central questions: Is NID a primary cul-
prit of these various problems? Insofar as NID is a problem, is there a way to
reliably identify it? If we were able to reliably identify such NID, what could we
do about it? And if reliable identification is not possible, what else can be done
to minimize the problems of concern?
Other authors have assumed, either implicitly or explicitly, that NID is in-
deed a primary culprit, and they have pointed out features that could be used
to identify such dissent. Presumably, once identified, the dissent in question
could be managed in some way by, for example, prohibiting it, ignoring it,
or exposing it.60 This book makes a significant contribution to the discussion
by providing a systematic assessment of these varied features and by showing
that they are not as straightforward or successful as those using them have
assumed. Indeed, we show that, even if successful, efforts to provide criteria
to reliably identify NID would fail to address the negative consequences that
can result from it.
But the contribution of this work goes further. We reframe the discussion
in a more fruitful way to focus not on dissent itself but, instead, on the so-
cial and institutional conditions in which NID arises—conditions that allow
such dissent to have adverse effects. In particular, NID is more likely to be
damaging when warranted public trust in scientists falters and when we fail
to recognize the limits of scientific evidence when making policy decisions.
This reframing sheds light on various features of scientific practices that cast
doubt on scientists’ trustworthiness and contribute to undermining warranted
trust. Similarly, it also calls attention to the relevance of inescapable value
judgments that play a role in policy decisions where scientific knowledge is
also important. This reframing is particularly important because much of the
discussion on NID has implicitly or explicitly assumed that people’s rejection
of the reliability or existence of a genuine scientific consensus regarding, for
instance, climate change or vaccine safety stems from the influence of such
dissent. Under this assumption, promoting strategies to better communicate
to the public and policymakers that a consensus exists seem appropriate. And
17
this is, in fact, what many of those engaging in this debate have done.61 But if
a significant reason for why NID is so effective is that laypersons question the
trustworthiness of scientists, or that they have different value assumptions,
then the success of this strategy will be limited. Insisting on the existence of
a consensus will have little impact on those who doubt the very foundations
of that consensus or who disagree with them because they hold conflicting
values. Furthermore, insofar as these strategies obscure what are at least im-
portant contributory factors, they prevent us from identifying more successful
alternatives.
This book advances discussions within the philosophy of science by
synthesizing and drawing connections from several distinct bodies of
literature—specifically, literature on consensus and dissent, the roles of values
in knowledge production, the relevance of values for science-based public
policy, and epistemic trust. We aim to show that attempts to understand and
address concerns related to dissent and public policy can be greatly informed by
elucidating the roles—both negative and positive—that contextual values play
in science and in policymaking. Other discussions of problematic dissent have
been particularly concerned with the negative role that values can play, leading
to conflicts of interest and bias,62 or do not attend to the role of such values alto-
gether.63 At the same time, many of those writing on values in science have not
been attentive enough to the ways in which the presence of contextual values
may provide fertile ground for problematic dissent that can lead to negative
consequences.64 We thus advance current debates by underscoring the limits
of scientific knowledge when trying to solve controversial policy decisions.
Likewise, questions about trust, both moral and epistemic, are a relatively new
concern in philosophy of science.65 Though a concern for social scientists, few
philosophers of science have explored the role of trust and trustworthiness in
relation to current debates regarding climate change, vaccine denials, or crit-
icism of GMO.66 We advance these discussions by calling attention to the role
that trust—or lack thereof—plays in current disputes over scientific dissent, as
well as to its importance when trying to address the problems that NID can
produce.
This book also differs from the usual way in which many philosophers of
science approach scientific practices. Unlike some accounts,67 we do not aim to
offer an idealized model of scientific practices.68 Our analysis is tied to the con-
text in which science is currently practiced: one that is largely capitalist and
increasingly driven by commercial interests, where participants do not have
equal access to education or expertise, nor equal power to make their voices
heard. Insofar as we are concerned with diagnosing very real problems related
to dissent and the negative consequences that impact society, we believe that
an analysis both of the problem and of the solutions must be attentive to these
conditions that are so difficult and slow to change.
18
For much of the twentieth century a consensus existed within the medical
community that the cause of stomach ulcers was an excess of stomach acid
and dietary factors. Barry Marshall, an internist, and Robin Warren, a patholo-
gist, first reported “unidentified curved bacilli” on gastric epithelium in active
chronic gastritis in two letters published in the Lancet journal in 1983,1 and
later postulated that the bacteria could possibly play a role in peptic ulcer dis
ease.2 They argued that the bacteria could not be seen with the usual staining
methods employed at the time, which explained why the bacteria had mostly
been overlooked. The possibility that bacteria could be a cause of stomach
ulcers was met with significant skepticism, in part because it was inconsistent
with the prevailing view that bacteria could not survive in the highly acidic
environment of the stomach.3 A decade later, the National Institutes of Health
Consensus Development Conference concluded that there was a strong asso-
ciation between Helicobacter pylori and ulcer disease, and recommended that
ulcer patients with H. pylori infection be treated with antibiotics.4 Medical
practice was slow to follow recommendations. Studies showed that by the year
2000 the overwhelming majority of ulcer patients were still treated primarily
with anti-secretory medications, with only 17% of them receiving antibiotic
therapy.5 The dissenting research by Marshall and Warren, however, eventually
prevailed, improving the treatment for peptic ulcers and earning the Nobel
Prize in Physiology in 2005.
There is widespread agreement that dissent plays a crucial role in the gen-
eration of scientific knowledge.6 Even those who believe that consensus is the
ultimate goal of scientific inquiry take dissent to be important to achieving or
maintaining the integrity of that consensus.7 As we will see, dealing with nor-
matively inappropriate dissent (NID) is challenging precisely because dissent
is critically valuable in the production of knowledge. The purpose of this
chapter is to provide an overview of the ways in which dissent from a scientific
consensus is epistemically valuable.
20
21
Dissent in the scientific sphere is valuable for similar reasons. Clearly, in-
sofar as some accepted scientific claims are false and dissenting views true,
censoring or actively ignoring dissenting views will prevent the emergence of
truth. Scientists, like all epistemic agents, are fallible, after all. A cursory review
of any history of science book will show multiple instances in which a view, or
some aspect of it, that enjoyed widespread consensus within a scientific com-
munity later turned out to be false. The geocentric view of the universe, the
phlogiston theory, the fixity of species, the immobility of the continents, phre-
nology, and the existence of ether all were ultimately abandoned because of
persistent dissent from the prevailing consensus. Science often gets it wrong,
even when there appears to be overwhelming evidence and widespread agree-
ment. Indeed, that science “gets it wrong” is arguably intrinsic to the nature
of scientific progress. The common phenomenon of underdetermination of
theory by evidence and human fallibility are sources of error. The fact that
scientific consensus has often been mistaken in the past gives us good reason
to think it is likely to be mistaken again in the future, and thus good reason to
value dissenting views.
Scientific reasoning has the potential to go wrong in many ways. Scientific
hypothesis or theories are not tested in isolation; they require a host of back-
ground assumptions in order to make empirical predictions, employ certain
conceptual frameworks, justify particular methodologies, classify data, and
make evidential inferences about the data in question.10 These background
assumptions or auxiliary hypotheses are often implicit and not uncommonly
adopted by scientists unconsciously. But, because they are frequently uncon-
sciously assumed, even thorough and well-trained scientists sometimes rely on
background assumptions that are actually false. Obviously, it is generally easy
to see mistaken assumptions in hindsight, but such assumptions can be diffi-
cult to identify at the time, particularly if they are widely shared or supported
by the available evidence. Similarly, inappropriate methodologies, faulty evi-
dence gathering, and incorrect interpretation of data can result in error.
Dissent can thus contribute to promoting scientific truths and scientific
progress in various interrelated ways. First, it can challenge incorrect em-
pirical assumptions.11 The case of Marshall and Warren’s work on H. plylori
discussed at the beginning of this chapter exemplifies this benefit of dissent.
At the time, their claims seemed extraordinary—and extraordinarily wrong—
both because no such bacteria had been observed previously and because the
scientific community accepted the belief that bacteria could not survive in
highly acidic environments. Marshall and Warren’s dissenting research, how-
ever, clearly played an important role in correcting those false background
assumptions, advancing medical knowledge, and improving the treatment for
peptic ulcers.
The work of cytogeneticist Barbara McClintock also illustrates the im-
portance of dissent in challenging problematic empirical assumptions.12
23
human tools was primarily the result of men’s activities.22 Willingness to raise
new questions challenging the consensus view ultimately enriched our under-
standing of the evolution of tool use and provided new areas of investigation
within archeology.
In addition to challenging assumptions and providing alternatives, dissent
can advance scientific knowledge by calling attention to and disputing value
judgments at stake in scientific reasoning. There is a growing consensus among
philosophers of science, science studies scholars, and even scientists that eth-
ical and social values, or contextual values, play a role in scientific knowledge
production in a variety of ways.23 Such values may influence the framing of
research problems;24 they can affect the use of particular ontologies, models,
or conceptual categories;25 and can impact the selection of methodologies and
the assessment of risks.26 Many times, value judgments that influence these
decisions are implicit and unconscious. As a result, these judgments can al-
ternatively enhance or obscure knowledge of phenomena, depending on the
values at stake and who shares them. Dissenting views that call attention to
and challenge the use of certain value judgments in science can thus promote
scientific progress.
For instance, value judgments are at stake in the choice of methodology
that scientists use to study the toxicity of insect-resistant maize. The genetically
modified (GM) plant contains an inserted gene from the bacterium Bacillus
thuringiensis (Bt) that produces the Bt toxin. This endows the resulting GM
Bt maize plants with a resistance to certain pest species. The established meth-
odological norm in toxicity studies is to use the purified Bt protein from the
bacteria rather than using purified plant protein.27 This methodological choice
is grounded on the assumption that transgene insertion and integration are
sufficiently precise and well-controlled processes. It also presupposes that the
creation, from such processes, of other products that might have different side
effects than the ones produced by the purified Bt protein is unlikely.28 The
plausibility of these assumptions rests on value judgments about what counts
as “sufficiently” precise and well controlled so as to be safe, or how bad the
risks of different side effects might be, given the likely benefits of such crops.
Questioning these value judgments has led some researchers to use purified
plant protein to assess Bt toxicity, which has produced dissenting findings on
the safety of GM crops.29 That is, they are using alternative methodologies that
may yield different evidence because they challenge the value judgments im-
plicitly supporting the consensus view. At the very least, this presents a larger
range of possibilities regarding the impacts of GM crops and increases our
understanding of them.
Some dissent with respect to modeling climate change also has advanced
scientific progress in this way. Historically, the standard practice for modeling
climate impacts was to measure the aggregate effects of factors that were easily
quantifiable, such as crop yield, loss of life, dollars lost in GNP, or destroyed
25
public trust in an existent scientific consensus and thus motivate relevant public
actions. When the scientific community is open and welcoming of dissenting
views, it signifies that the consensus has been reached through a rigorous and
fair process.38 When a consensus goes unchallenged, the public might worry
that the consensus in question is unreliable and that it is not receiving the sort
of scrutiny that it should.39 This can be epistemically problematic insofar as
potentially false assumptions might go uncorrected. But it can also be socially
problematic. A consensus view that goes unchallenged, even if correct, may
have the unintended consequence of decreasing public trust in science. The
existence of dissent can reassure the public that the scientific community is
appropriately scrutinizing the research, that external interests are not biasing
the results, and that consensus that persists in the face of dissent is ultimately
well grounded. Indeed, arguably this is one reason the consensus on climate
change is impressive. The central consensus view remains well supported de-
spite many rigorous attempts to challenge it.
The valuable roles that dissent can play call for scientific communities not
merely to tolerate or be open to dissent when it arises but also to actively seek and
engage dissenting views. In particular, the crucial role of dissent in promoting
scientific progress imposes epistemic obligations on scientific communities
to: provide public venues for dissent; encourage and secure the participa-
tion of dissenting views originating from a diverse community of experts and
stakeholders; engage in uptake of dissent; and ensure that dissenting views are
not dismissed on the basis of epistemically irrelevant factors.40
Dissent can only yield epistemic and social benefits if there are mechanisms
in place to solicit and disseminate dissenting views. Peer review is one way to
fulfill the obligation to provide public venues for scrutiny of consensus views.
Although far from perfect,41 the process is useful in checking the quality of
submitted work to grant-awarding agencies, journals, or conferences—that
is, that the data seem right, that the conclusions are well reasoned—and in
improving the quality of the research itself. Reviewers may point out prior
research important to the work under consideration, point out flaws or limi-
tations in the methodologies researchers have used, request new experiments,
call attention to errors in the interpretation of the data, and—particularly
important—bring to bear a different point of view on the phenomena.
Unless open to diverse points of view, the peer review process will fail
to reap the benefits of dissent. Dissenting views will be unlikely to be given a
fair chance if peer review draws mainly on experts within a particular field or
discipline where scientists share relevant assumptions in virtue of common
training and practices. Thus, in order for dissent to effectively play its valuable
27
Basil Rolland was conducted into one of the cells of the common
prison, and, notwithstanding his excitement, fell into a profound
slumber; but it was of that troubled kind which nature obtains by
force when the mind is disposed for watchfulness. He imagined
himself by the sea, on a beautiful summer evening, walking with his
love by the murmuring shore. On a sudden they were separated; and
he, in a small boat, was on the bosom of the ocean. The tempest was
raging in all its grandeur, and the unwilling bark was whirling and
reeling on the mountainous waves; it struck upon a rock, and was
dashed into a thousand pieces. He felt the waters rushing in his ears;
he saw the sea-monsters waiting for their prey; and his bubbling
screams filled his own heart with horror. He sunk—but the waters
receded and receded, till he stood firmly on a dry rock. A vast plain
was around him—a black and barren wilderness, without one plant,
one shrub, or one blade of grass. It lay stretched before him, as far as
his eye could reach, the same dismal, monotonous scene of
desolation. On a sudden, the mists that covered its termination were
dispelled, and piles of rocky mountains, whose tops touched the
clouds, began to close around him. A vast amphitheatre of smooth
and perpendicular stone surrounded him, and chained him to the
desert. The rocky walls began to contract themselves, and to move
nearer to the spot where he stood. Their summits were covered with
multitudes of spectators, whose fiendish shout was echoed from rock
to rock, until it fell upon his aching ear. Wild, unearthly faces were
before him on every side; and fingers pointed at him with a
demoniacal giggle. The rocks still moved on. The narrow circle on
which he stood was darkened by their height—he heard the clashing
of their collision—he felt his body crushed and bruised by the
gigantic pressure. He raised his voice to shriek his last farewell; but
the scene was changed. The grave had given up her dead; and the
sea, the dead that were in her. He was among the companions of his
childhood; and not one was wanting. The jest and the game went on
as in the days of his youth. His departed mother awaited his return;
but her kiss of welcome blenched his cheek with cold. Again he was
involved in a scene of strife. The death-bearing missiles were
whizzing around him; but he had not the power to lift an arm in his
own defence. A supernatural energy chained him to the spot, and
paralysed all his efforts. A gigantic trooper levelled his carbine at
him; the aim was taken deliberately; he heard the snap of the lock; he
saw the flash of fire; he gave a loud and piercing shriek, and awoke in
agony, gasping for breath.
The sun was shining through the grated window when he awoke,
weak and exhausted by his unrefreshing sleep. He found the sober
form of the Covenanting preacher seated beside his pallet, with a
small Bible in his hand.
“I thought it my duty,” said the preacher, “to visit thee, and mark
how thou bearest thyself under this dispensation, and to offer thee
that consolation, in the name of my Master, which smoothes the
passage to the tomb.”
“You have my thanks,” said the unfortunate youth. “Have you
waited long in the apartment?”
“I came at daybreak; but often was I tempted to rouse thee from
thy slumbers, for thy dreams seemed terrifying.”
“I have indeed passed a fearful night. Fancy has chased fancy in
my scorching brain till it appeared reality. But I can spend only
another such night.”
“I grieve to tell thee, young man, that thy days are numbered: all
the intercession of thy father and his friends hath been fruitless. I
also talked to James of Montrose concerning thee; for I hold that he
hath overstretched the limit of his power, and that there is no cause
of death in thee: but he treated me as one that mocketh, when I
unfolded the revealed will of God, that the earth will not cover
Innocent blood; wherefore turn, I beseech thee, thine eyes to the
Lord,—for vain is the help of man. Look to the glory on the other side
of the grave. Fear not them which can kill the body, but after that can
have no power; but fear Him that can cast both soul and body into
hell.”
“I fear not, father; I fear not death. I could close my eyes for ever
on the green land of God without a sigh. Had death met me in the
field, the bugle would have sung my requiem, and I would have laid
me on the turf, happy in being permitted to die like a man; but to die
like a thief—like a dog—is fearful and appalling. Besides, there are
ties which bind to earth souls stronger than mine. Alas! alas! what is
the common approach of Death to the stealthy and ignominious step
with which he visits me!”
“Compose thyself,” said the preacher, “and let these earthly wishes
have no place in thy thoughts. Time, to thee, is nearly done, and
eternity is at hand. Approach thy Creator, as the Father of Mercy, in
His Son. Murmur not at His dispensations; for He chasteneth in
love.”
“A hard lesson!” said Basil. “Tell me, didst though ever love a wife,
a son, or a daughter?”
“I lost a wife and a son,” said the preacher with emotion.
“In what manner?” said Basil.
“I visited the west country, on business of the Congregation, and in
my absence the hand of Death was busy in my house. When I
returned, my wife and son were both beneath the sod. But God’s will
be done! They are now in heaven,” said he, while the tears stole down
his cheeks.
“And,” said Basil, “did you never feel a desire again to see them?
Did you not wish that the decree of fate had been altered, and that
your family had been again restored to you?”
“Often—often,” said he, wringing his hands. “God forgive me! often
have I murmured at His dispensation. At some seasons I would have
bartered my life—nay, my soul’s weal—for one hour of their society.”
“And yet ye bid me do that which ye confess to be above your
efforts! You lost but your wife and child; I lose my own life—my fame
—my Mary.”
“But your father”——
“Peace! I have no father—no friend—no love. To-morrow’s sun will
see me as I was before my being; all of me gone, except my name
coupled with hated murderers and traitors. Away, away, old man! it
drives me to madness. But, if the spirits of the dead can burst the
sepulchre, I will be near my murderer. In the blackness of night I will
be near him, and whisper in his thoughts dark, dark as hell.”
“Have patience”——
“Patience! Heaven and earth! Remove these bonds,” said he,
striking his manacles together till the vaulted roof echoed the
clanking. “Give me my sword,—place Montrose before me,—and I’ll
be patient! very patient!”—and he burst into a fit of hysterical
laughter which made the preacher shudder.
“Prepare to meet thy God, young man,” exclaimed the Covenanter.
He succeeded in gaining his attention, and resumed: “Thy thoughts
are full of carnal revenge, forgetting Him who hath said, ‘vengeance
is mine.’ I tell thee that thy thoughts are evil, and not good. Turn
thyself to thy Saviour, and, instead of denouncing woe on thy fellows,
prepare thyself for thy long journey.”
“Long, indeed!” said Basil, entering into a new train of ideas. “Ere
to-morrow’s sun go down, my soul, how far wilt thou have travelled?
Thou wilt outstrip the lightning’s speed. And then, the account! I am
wrong, good man; but my brain is giddy. Leave me now,—but,
prithee, return.”
“I shall see thee again. Put thy trust in the Lord. Compose thy
troubled mind, and God be with thee! Thy father is soliciting thy
pardon; and he bade me tell thee he would visit thee to-day. I’ll go to
Montrose myself,—for he shall pardon thee.”
The day following, a dark gibbet frowned in the centre of the
market-place, erected in the bore of the millstone which lies at this
day in the middle of Castle Street. At an early hour the whole square
was filled with spectators to witness the tragedy. A powerful band of
the Covenanters guarded the scaffold. A deep feeling of sympathy
pervaded the multitude, for the wretched prisoner was known to
almost every individual. Every one was talking to his neighbour on
the distressing event, with an interest which showed the intensity of
their sympathy with the sufferer.
“Willawins! willawins!” said an aged woman; “I suckled him at this
auld breast, and dandled him in these frail arms. On the vera last
winter, when I was ill wi’ an income, he was amaist the only ane that
came to speir for me; an’ weel I wat, he didna come toom-handed. I
just hirpled out, because I thought I wad like to see his bonny face
and his glossy curls ance mair; but I canna thole that black woodie! It
glamours my auld een. Lord be wi’ him! Eh, sirs! eh, sirs!”
“Vera right, cummer,” said Tenor the wright; “it’s a waesome
business. Troth, ilka nail that I drave into that woodie, I could have
wished to have been a nail o’ my ain coffin.”
“And what for stand ye a’ idle here?” said a withered beldame,
whom Basil had found means to save from being tried for witchcraft,
which, as the reader is aware that “Jeddart justice” was administered
on these occasions, was tantamount to condemnation. “Why stand ye
idle here? I’ve seen the time when a’ the Whigs in the land dauredna
do this. Tak the sword! tak the sword! The day ’ill come when the
corbies will eat Montrose’s fause heart, and”——
“Whisht, sirs! whisht!” exclaimed several voices; and there was a
rush among the crowd, which made the whole mass vibrate like the
waves of the sea. It was the appearance of our hero, surrounded by a
guard of the insurgents. His arms were bound. The cart followed
behind; but he was spared the indignity of riding in it. It contained
the executioner, a miserable-looking man, tottering in the extremity
of old age. It also bore the prisoner’s coffin. His demeanour was calm
and composed, his step firm and regular; but the flush of a slight
hectic was on his cheek. He was attended by the Covenanting
preacher, whom, on his coming out, he asked, “If she knew of this?”
He whispered in his ear. “Then the bitterness of death is past;” and
the procession moved on. These were the last words he was heard to
utter. He never raised his eyes from the ground till he reached the
scaffold, when, with a determined and convulsive energy, he bent his
eyes upon the scene before him. It was but for a moment; and they
sank again to the earth, while his lips were moving in secret prayer.
We must now retrograde a little in our story, to mark the progress
of two horsemen, who, about noon, were advancing with the utmost
rapidity to Aberdeen. These were Isaac Rolland and Hackit, Provost
Leslie’s servant. To explain their appearance here, it will be
necessary to notice some events of the preceding day. Isaac Rolland
and his friends had applied earnestly to Montrose for the repeal of
his hasty sentence; and their representations seemed to have great
weight with him. He told them to return early next morning to
receive his answer. At the first peep of day Isaac was at his lodgings,
and found, to his surprise and sorrow, that news had arrived of the
pacification of Berwick late the evening before, and that Montrose
had instantly taken horse for the south. There was no time to be lost,
and, accompanied by Hackit, he set out on horseback to Arbroath,
where Montrose was to rest for a little, and reached it as the other
was preparing to depart.
The pardon was readily granted, as peace was now established
between all the king’s subjects. Montrose, moreover, acknowledged
that he had proceeded too hastily.
They accordingly set out on their journey, and spared neither whip
nor spur, lest they should arrive too late. They changed horses at
Dunottar, and rode on to Aberdeen with all the speed they could
make. When about six miles from the town, Isaac Rolland’s horse
broke down under him, when Hackit, who was better mounted,
seized the papers, and, bidding him follow as fast as possible, pushed
on. The noble animal that bore him went with the speed of lightning,
but far too slowly for the impatient rider. Having shot along the
bridge of Dee at full gallop, he arrived at Castle Street, by the
Shiprow with his horse panting and foaming, while the clotted blood
hung from the armed heels of his rider.
“A pardon! a pardon!” shouted Hackit, as he recklessly galloped
over and through the thick-set multitude, and lancing to the quick
his horse’s sides with his deep rowels at every exclamation. “A
pardon! a pardon!” cried he, advancing still faster, for the rope was
adjusted, and all was ready for the fatal consummation. “Lord hae
mercy on him!” His horse with one bound brought him to the foot of
the scaffold, and then dropped down dead, while a loud execration
burst from the spectators, which drowned his cries. The prisoner was
thrown off just in Hackit’s sight as he advanced, the Covenanters
having dreaded that this was the beginning of some commotion. He
threw the sealed pardon at the head of the commandant, and,
mounting the scaffold, cut the cord in a twinkling, letting the body
fall into the arms of some of the crowd who had followed him; and,
quicker than thought, conveyed him into an adjacent house, where
every means was tried to restore animation. There was not one who
could refrain from tears when they compared the crushed and
maimed being before them with the jovial young man he was a few
days before. His eyes, bleared and bloodshot, were protruded from
their sockets; a red circle surrounded his neck, and the blood,
coagulated under his eyes, showed the effects of strangulation. After
some time he heaved a sigh, and attempted to raise his right hand to
his breast; his intention was anticipated, and a picture that hung
round his neck was put into his hand. At this moment Mary Leslie
entered the apartment. A tremulous shuddering ran through his
frame; he attempted to raise himself, but life ebbed by the effort,
and, with a deep groan, he fell back into the arms of death. Mary
Leslie, however, did not witness his departure, for she had sunk
senseless on the floor. When she recovered, all was calm, save her
eye which rolled with the quickness of insanity.
“Hush!” said she; “he sleeps, and you will waken him. I’ll cover
him with my own plaid, for it is cold—cold.” She set herself to cover
him, and sang the verse of the ballad—
My love has gone to the good green wood
To hunt the dark-brown daes;
His beild will be the ferny den,
Or the shade of the heathery braes.
But I’ll build my love a bonny bower——
“Basil, awake! the old man waits you at the Playfield—arise! He hears
me not—ha—I remember!” and she sank again on the floor, and was
carried home by her friends.
A fair company of young men bore Basil to his grave; and by his
side a weeping band of maidens carried Mary Leslie. They were
lovely in their lives, and in death they were not separated. One grave
contains them both, which was long hallowed by the remembrance of
this tragical transaction. The sacred spot has now become common
ground, and I have searched in vain for it, that I might shed one tear
to the memory of the unfortunate lovers.
The goodwill of his fellow-citizens called Patrick Leslie several
times to be their chief magistrate; but life to him had lost its savour,
and he lingered for several years in this world as one whose hopes
and enjoyments were elsewhere. It was said that Isaac Rolland, at
stated intervals, visited the grave of his son, and watered it with the
tear of unavailing sorrow. He afterwards involved himself with the
factions that tore the kingdom asunder, and, it was supposed,
perished at the battle between the Covenanters and Oliver Cromwell,
at Dunbar, in 1650.—Aberdeen Censor.
THE LAST OF THE JACOBITES.