A recent article titled "Philosophical Malpractice," authored by Daniel Kodsi and John Maier and published in The Philosophers' Magazine, has drawn significant attention, including an endorsement from prominent journalist Rebecca Lowe. The piece critically examines what its authors describe as serious errors in academic philosophers' engagement with trans politics. Lowe, a British-American television presenter for NBC Sports and a freelance journalist with a focus on human rights, lauded the article as "excellent" and "prescribed reading for many people in philosophy depts" in a recent tweet.
The article's central argument revolves around the perceived logical inconsistencies and flawed reasoning within certain philosophical discussions concerning gender and sex, particularly as these debates intersect with legal matters. Kodsi and Maier contend that some academic philosophers have adopted approaches that does not withstand rigorous logical scrutiny. This critique extends to arguments made in public discourse and legal contexts.
A key point of reference in "Philosophical Malpractice" is the "Amici Curiae Brief of Yale philosophers," a document signed by 21 members of the Yale philosophy department. This brief was filed in the Supreme Court case of United States v. Skrmetti, which challenges Tennessee Senate Bill 1 (SB1). SB1 is a contentious state law that prohibits gender-affirming healthcare for transgender minors within Tennessee.
The Yale philosophers' brief, cited by Kodsi and Maier, argues that Tennessee's legal defense of SB1 contains circular reasoning and relies on stereotypical conceptions of gender and sex. According to the brief, these arguments violate the Equal Protection Clause of the 14th Amendment by implicitly classifying individuals based on sex in a discriminatory manner. The philosophers' intervention highlights the practical implications of philosophical reasoning in legal and social policy debates.
Daniel Kodsi serves as a lecturer in philosophy at Magdalen College, Oxford, and is also the editor of The Philosophers' Magazine, the publication featuring the controversial article. John Maier, his co-author, is currently pursuing a DPhil in Philosophy at Balliol College, Oxford, and contributes as a leader writer for The Times. Their work has ignited discussion within the philosophical community regarding its role and methodologies in contemporary social issues.