In this open peer commentary, we concur with the three target articles’ analysis and positions on abortion in the special issue on Roe v. Wade as the exercise of reproductive liberty essential for the bioethical commitment to patient autonomy and self-determination. Our proposed OPC augments that analysis by explicating more fully the concept crucial to Roe of fetal personhood. We explain that the development and use of predictive reproductive technologies over the fifty years since Roe has changed the literal image, (...) and thereby the epistemological landscape, through which a prospective parent comes to know the fetus. The logic of Roe required a legal and ethical denial of fetal personhood to prioritize maternal autonomy over claims to fetal moral personhood. Our claim is that such a denial may be more complicated today. The fetal person genetic testing and reproductive imaging now presents to prospective parents has become an increasingly individualized, distinct medicalized picture of a developing person with which a parent can either identify or differentiate. In contrast, the fetal person of Roe was an abstract and vague figure stripped of most human particulars, a pregnancy rather than the specific individualized human entity reproductive technology now presents as a person to prospective parents. We discuss the implications of this shift and call for a more capacious analysis of reproductive ethics that works towards both reproductive and disability justice. (shrink)

In this paper, we present the results of the construction and validation of a new psychometric tool for measuring beliefs about free will and related concepts: The Free Will Inventory (FWI). In its final form, FWI is a 29-item instrument with two parts. Part 1 consists of three 5-item subscales designed to measure strength of belief in free will, determinism, and dualism. Part 2 consists of a series of fourteen statements designed to further explore the complex network of people’s associated (...) beliefs and attitudes about free will, determinism, choice, the soul, predictability, responsibility, and punishment. Having presented the construction and validation of FWI, we discuss several ways that it could be used in future research, highlight some as yet unanswered questions that are ripe for interdisciplinary investigation, and encourage researchers to join us in our efforts to answer these questions. (shrink)

In this essay, we suggest practical ways to shift the framing of crisis standards of care toward disability justice. We elaborate on the vision statement provided in the 2010 Institute of Medicine (National Academy of Medicine) “Summary of Guidance for Establishing Crisis Standards of Care for Use in Disaster Situations,” which emphasizes fairness; equitable processes; community and provider engagement, education, and communication; and the rule of law. We argue that interpreting these elements through disability justice entails a commitment to both (...) distributive and recognitive justice. The disability rights movement's demand “Nothing about us, without us” requires substantive inclusion of disabled people in decision‐making related to their interests, including in crisis planning before, during, and after a pandemic like Covid‐19. (shrink)

Short overview of the From Small Beginnings Project and its relevance for resisting eugenics in contemporary society.

In this book chapter I argue that contrary to what is said by Paul Guyer in Kant (Routledge, 2006) Kant's moral philosophy prohibits the bystander from throwing the switch to divert the runaway trolley to a side track with an innocent person on it in order to save more people who are in the path of the trolley in the "Trolley Problem" case made famous by Judith Jarvis Thomson (1976; 1985). Furthermore, Thomson herself (2008) came to agree that (...) it would be wrong to throw the switch, just as it is wrong to push the person off the bridge to stop the trolley (1976; 1985). In changing her mind about this case, Thomson came to agree with Kant as well as with Philippa Foot (1967) who argued in her original paper that a negative duty not to harm one healthy patient outweighed a positive duty to give aid to five other patients by transplanting the healthy person's organs. (shrink)

I show that the common reading of Thomson, that she argues by analogy for the conclusion that abortion is permissible, is mistaken. The correct reading of Thomson is that she argues by counterexample, showing that arguments against abortion are unsound. The remainder of the paper highlights the lessons learned from Thomson once we read her aright.

Judith Jarvis Thomson (1929-2020), philosophe américaine parmi les figures les plus marquantes dans l’étude de la normativité et de l’éthique, s’est éteinte ce 20 novembre à l’âge de 91 ans. Professeure émérite au MIT, sa carrière s’est étendue sur cinq décennies consacrées à la recherche, à l’enseignement et à la publication de plusieurs articles et ouvrages sur la nature des valeurs, des normes et des droits. Parmi ses ouvrages les plus importants, nous rappelons The Realm of Rights (1990), Goodness (...) and Advice (2001) et Normativity (2008). (shrink)

In a book contribution responding to H.L.A. Hart and Tony Honoré, Judith Jarvis Thomson casts a certain analysis of causation in an attractive light, but says that it unfortunately faces two objections. I draw attention to another objection.

Alexander Raven Thomson was a British fascist philosopher, active from 1932 to 1955. I outline Thomson’s Spenglerian views on civilization and decline. I argue that Thomson in his first book is an orthodox Spenglerian who accepts that decline is inevitable and thinks that it is morally required to destroy civilization in its final stages. I argue that this suffers from conceptual issues which may have caused Thomson’s change to a revised form of Spenglerianism, which is more (...) authentically fascist. This authentically fascist view is then seen to fall prey into the problem inherent in the very idea of permanent rebirth. (shrink)

Judith Thomson’s “A Defense of Abortion” is one of the most widely taught papers in undergraduate philosophy, yet it is notoriously difficult to teach. Thomson uses simple terminology and imaginative thought experiments, but her philosophical moves are complex and sometimes difficult to explain to a class still mystified by the prospect of being kidnapped to save a critically ill violinist. My aim here is to identify four sources of difficulty that tend to arise when teaching this paper. In (...) my experience, these four sources of difficulty create significant problems for undergraduate students, yet each one is easy for instructors to underestimate. My objective is therefore to identify the problems, explain why they tend to occur and warn other instructors about their potential impact in the classroom. (shrink)

In her essay, “People and their Bodies,” Judith Thomson writes an evaluation of several formulations of the psychological criterion for personal identity and attempts a strategy of criticizing each formulation of the psychological theory. This is done in order to conclude that a physical theory must be the only remaining viable sufficient candidate for explaining personal identity that is both necessary and sufficient, despite its theoretical weaknesses. This paper seeks to analyze Thomson's critique and explain why her chosen (...) formulations of psychological criterion are inadequate and easy to refine against some of her rather hasty objections. In addition, counterarguments in favor of an 'impure' psychological criterion for personal identity are presented in the hopes of clarifying the philosophical discourse. (shrink)

The attitude toward nature in James Thomson’s "The Seasons" has not been duly noted by literary commentators. Instead, the reception of "The Seasons" in modern literary criticism has focused on all sorts of aspects, ranging from visual imagery, to “dislocation, deformity and renewal.” However, when nature as a theme in the poem has been tackled, critics have favored its religious implications—specifically, those pertaining to the historical period in English literature, as well as a number of hypotheses about Thomson’s (...) own relation toward god—over Thomson’s conception of nature on its own terms. Furthermore, none has, in my view, concentrated enough on the most emblematic characteristic of "The Seasons": its unresolved stance toward the natural and its strongly polarized attitude toward it. The aim of this essay is to examine these inconsistencies in order to reveal what they tell us about the period’s changing perspectives, to place "The Seasons"’ reception of the natural in the history of eighteenth-century literature, and to uncover the implications and fertile consequences of Thomson’s view of nature—which spill into para-literary domains. (shrink)

This manuscript examines two accounts that discuss rights disputes. On the one hand, Russ Shafer-Landau argues for specificationism (or what is referred to here as SA), which deems rights as having innate limitations. One the other, Judith Jarvis Thomson defends infringement theory (or what is referred to here as IVA), which views rights to be competing factors. Shafer-Landau in “Specifying Absolute Rights” endeavored to discredit Thomson’s IVA and promote his favored theory. This material responds to and criticizes the (...) claims Shafer-Landau pressed in his article. First part of the thesis addresses his concerns and finds them unconvincing. Using tools of logic, it is demonstrated that Shafer-Landau’s demands on compensation are without warrant. More than this, his demands on the tripartite are misguided. Second part tackles some shortcomings of SA. One of which is the finding that two of the three arguments Shafer-Landau posited for SA’s superiority run counter to each other. Should Shafer-Landau save one, it would remain untenable for the foundations therein rest on a mistake. Finally, his position of SA being sufficiently explanatory is in itself wanting. Though this material does not go as far as proving which theory is practically better, the project is not bereft of purpose. By the end, IVA would already have been relieved of the criticisms whereas SA would be confronted with multiple challenges. (shrink)

Each chapter covers one topic and largely consists of brief summaries of arguments for and against various themes. The topic of the first chapter is whether and on what basis a film can be considered art. Photography is used as an analogy. The arguments range from considering the mechanical form of cinema as an obstacle to arthood to arguments considering cinema’s mechanical nature as essential to its arthood; the former by those who ground art in human agency, the latter by (...) those who ground art in some conception of verisimilitude. Those worried by the former argument, emphasize editing and montage effects as the essential aspects of cinema, the idea being that the less representational veracity a film presented, the more it could be classified as art. On the other hand, for those who equate the art of film with verisimilitude, it is argued that the realism of film is superior to the realism of the other representational arts due to film’s retrieval of images as opposed to merely representing them. (shrink)

Geach and Thomson have argued that nothing is just plain good, because ‘good’ is, logically, an attributive adjective. The upshot, according to Geach and Thomson, is that consequentialism is unacceptable, since its very formulation requires a predicative use of ‘good’. Reactions to the argument have, for the most part, been uniform. Authors have converged on two challenging objections . First, although the logical tests that Geach and Thomson invoke clearly illustrate that ‘good’, as commonly used, is an (...) attributive, they don’t show that ‘good’ lacks an intelligible predicative interpretation. Second, even if the English word ‘good’ fails to express the property of goodness, we can just stipulate that ‘good*’ expresses goodness and thus formulate consequentialism accordingly. The second objection is one way of voicing skepticism about the method of drawing substantive philosophical conclusions from considerations about ordinary language. In this essay, we present an argument, inspired by Geach and Thomson, which isn’t susceptible to the same objections but which supports the same conclusion. The significance of our argument for ethics is obvious; it challenges the intelligibility of standard consequentialism, and even certain forms of non-consequentialism. One might be inclined to think that a more sophisticated consequentialism, which relies on ‘good {possible world/state of affairs/outcome}’ instead of just ‘good’, evades the criticism. But we explain why the criticism can’t be so easily evaded. (shrink)

Some responses to analogies between abortion and infanticide appeal to Judith Jarvis Thomson's argument for the permissibility of abortion. I argue that these responses fail because a parallel argument can be constructed for the permissibility of infanticide. However, an argument on the grounds of a right to choose to become a parent can maintain that abortion is permissible but infanticide is not by recognizing the normative significance and nature of parenthood. -/- Certaines réponses aux analogies entre l'avortement et l'infanticide (...) font appel à l'argument de Judith Jarvis Thomson en faveur de la licéité morale de l'avortement pour désamorcer ces analogies. Je soutiens que ces réponses échouent parce qu'un argument parallèle peut être construit en faveur de la licéité de l'infanticide. Cependant, un argument reposant sur le droit de choisir de devenir parent permet de soutenir que l'avortement est autorisé mais que l'infanticide ne l'est pas en reconnaissant le sens et la nature normatifs de la parentalité. (shrink)

Many including Judith Jarvis Thomson, Philippa Foot, Peter Geach, Richard Kraut, and Paul Ziff have argued for good simpliciter skepticism. According to good simpliciter skepticism, we should hold that there is no concept of being good simpliciter or that there is no property of being good simpliciter. I first show that prima facie we should not accept either form of good simpliciter skepticism. I then show that all of the arguments that good simpliciter skeptics have proposed for their view (...) fail to show that we have good reason to accept good simpliciter skepticism. So, I show that we do not have good reason to accept good simpliciter skepticism. (shrink)

G.E. Moore said that rightness was obviously a matter of maximising plain goodness. Peter Geach and Judith Thomson disagree. They have both argued that ‘good’ is not a predicative adjective, but only ever an attributive adjective: just like ‘big.’ And just as there is no such thing as plain bigness but only ever big for or as a so-and-so, there is also no such thing as plain goodness. They conclude that Moore’s goodness is thus a nonsense. However attention has (...) been drawn to a weakness in their arguments. Mahrad Almotahari and Adam Hosein have sought to plug that weakness. If their plug holds, then there is no goodness. Doing most of their work is the following premise: adjective φ is predicative only if it can be used predicatively in ‘x is a φ K’ otherwise it is attributive. In this paper I argue that this premise is false, that their plug does not hold and that if one is to reject plain goodness it will have to be for other reasons. (shrink)

In this paper I defend Judith Jarvis Thomson's 'Good Samaritan Argument' (otherwise known as the 'feminist argument') for the permissibility of abortion, first advanced in her important, ground-breaking article 'A Defense of Abortion' (1971), against objections from Joseph Mahon (1979, 1984). I also highlight two problems with Thomson's argument as presented, and offer remedies for both of these problems. The article begins with a short history of the importance of the article to the development of practical ethics. Not (...) alone did it put the topic of the abortion on the philosophical map, but it made 'practical ethics' in the late 1960s feminist, also. (shrink)

Imagine that your body has become attached, without your permission, to that of a sick violinist. The violinist is a human being. He will die if you detach him. Such detachment seems, nonetheless, to be morally permissible. Thomson argues that an unwantedly pregnant woman is in an analogous situation. Her argument is considered by many to have established the moral permissibility of abortion even under the assumption that the foetus is a human being. Another popular argument is that presented (...) by Singer and Unger to the effect that even those who are moderately prosperous are morally obliged to help the poor if they can do so at relatively small cost to themselves. The paper considers the question whether these two arguments can be simultaneously valid. (shrink)

In this article we develop and defend what we call the “Trust View” of promissory obligation, according to which making a promise involves inviting another individual to trust one to do something. In inviting her trust, and having the invitation accepted (or at least not rejected), one incurs an obligation to her not to betray the trust that one has invited. The distinctive wrong involved in breaking a promise is a matter of violating this obligation. We begin by explicating the (...) core notion of “inviting someone to trust one to do something”, suggesting that it involves signaling to the other individual one's recognition of the importance the relevant action has for her, and one’s willingness to license her to have faith or optimism in one's character with regard to the performance of that action. We then turn to a defense of the Trust View, arguing that it has considerable appeal in its own right, that it is distinct from and superior to three similar accounts (T.M. Scanlon's Assurance View, Judith Jarvis Thomson's Reliance View and David Owens' Authority View), and that several objections to it can be answered. (shrink)

Imagine that your body has become attached, without your permission, to that of a sick violinist. The violinist is a human being. He will die if you detach him. Such detachment seems, nonetheless, to be morally permissible. Thomson argues that an unwantedly pregnant woman is in an analogous situation. Her argument is considered by many to have established the moral permissibility of abortion even under the assumption that the foetus is a human being. Another popular argument is that presented (...) by Singer and Unger to the effect that even those who are moderately prosperous are morally obliged to help the poor if they can do so at relatively small cost to themselves. The paper (published under the pseudonym 'Nicola Bourbaki') considers the question whether these two arguments can be simultaneously valid. (shrink)

We aim to generate a dilemma for virtual reality-based research that we motivate through an extended case study of Judith Thomson’s (1985) Bridge variant of the trolley problem. Though the problem we generate applies more broadly than the Bridge problem, we believe it makes a good exemplar of the kind of case we believe is problematic. First, we argue that simulations of these thought experiments run into a practicality horn that makes it practically impossible to produce them. These problems (...) revolve around concepts that we call “perspectival fidelity”and “context realism.” Moral dilemmas that include features present in the Bridge variant will, as a result, be practically impossible to simulate. We also argue that, should we be wrong about the practical impossibility of creating a VR simulation of Bridge, such a simulation must face an ethical horn which renders these simulations ethically impermissible to develop or use. For these reasons, we argue that it is virtually impossible to simulate the bridge problem (and other thought experiments with similar features) both practically and ethically in VR. (shrink)

This article is part of a symposium on property-owning democracy. In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled to form (...) families, as well as personal associations which reflect their tastes as well as their beliefs and interests. He seems also to have assumed that people are entitled to seclude themselves, as well as to associate with others, and to keep some of their beliefs, knowledge, feelings and ideas to themselves, rather than having to share them with others. So, thinking of privacy as an amalgam of claims to seclusion, solitude, anonymity and intimate association, we can say that Rawls appears to include at least some forms of privacy in his account of the liberties protected by the first principle of justice. -/- However, Rawls did not say very much about how he understands people’s claims to privacy, or how those claims relate to his ideas about property-ownership. This is unfortunate, because two familiar objections to privacy seem particularly pertinent to his conception of the basic liberties. The first was articulated with customary panache by Judith Thomson, in a famous article on the moral right to privacy, in which she argued that talk of a moral right to privacy is confused and confusing, because privacy rights are really just property rights in disguise. The second objection has long been a staple of leftist politics, and is that the association of privacy with private property means that privacy rights are just a mask for coercive and exploitative relationships, and therefore at odds with democratic freedom, equality and solidarity. If the first objection implies that Rawls is wrong to think that protection for privacy can be distinguished from protection of personal property, the second objection implies that Rawls cannot hope to protect privacy without thereby committing himself to the grossest forms of capitalist inequality. -/- In this paper I will not discuss Rawls’ views of property-owning democracy. However, by clarifying the relationship between claims to privacy and claims to property-ownership, I hope to illuminate some of the conceptual, moral and political issues raised by Rawls’ ideas, and by work on the concept of a property-owning democracy, which he inspired. As we will see, privacy-based justifications of private ownership are not always unappealing, and privacy is sometimes promoted, rather than threatened, by collective ownership. The conclusion draws out the significance of these claims for the idea of a property-owning democracy. (shrink)

Disagreements about abortion are often assumed to reduce to disagreements about fetal personhood (and mindedness). If one believes a fetus is a person (or has a mind), then they are “pro-life.” If one believes a fetus is not a person (or is not minded), they are “pro-choice.” The issue, however, is much more complicated. Not only is it not dichotomous—most everyone believes that abortion is permissible in some circumstances (e.g. to save the mother’s life) and not others (e.g. at nine (...) months of a planned pregnancy)—but scholars on both sides of the issue (e.g. Don Marquis and Judith Thomson) have convincingly argued that fetal personhood (and mindedness) are irrelevant to the debate. To determine the extent to which they are right, this article will define “personhood,” its relationship to mindedness, and explore what science has revealed about the mind before exploring the relevance of both to questions of abortion’s morality and legality. In general, this article does not endorse a particular answer to these questions, but the article should enhance the reader’s ability to develop their own answers in a much more informed way. (shrink)

Prolife theorists typically hold to the claim that all human beings possess equal moral status from conception and consequently possess a right to life. This, they believe, entails that abortion is impermissible in all circumstances. Critics characterize this as an extreme anti-abortion position, as it prima facie allows no exceptions, even in cases of rape. Here, I examine whether the prolife claim regarding equal moral status is compatible with a more attractive moderate stance that permits an exception in the case (...) of rape. I show that Judith Jarvis Thomson's analysis of rights can be used to modify the prolife position in this way, but that doing so involves concessions that prolife theorists are unlikely to find acceptable. (shrink)

In this article Judith Jarvis Thomson's Good Samaritan Argument in defense of abortion in the case of rape is defended from two objections: the Kill vs. Let Die Objection, and the Intend to Kill vs. Merely Foresee Death Objection. The article concludes that these defenses do not defend Thomson from further objections from Peter Singer and David Oderberg.

I argue against Judith Jarvis Thomson’s solution for solving paradoxes surrounding trolley cases. I then offer my own competing, novel solution. Thomson famously proposed that what matters in trolley-type cases is whether an agent does something to a threat itself so as to minimize harm or whether the agent initiates a new threat against a person so as to minimize harm. According to her, we intuitively assume that minimizing harm is permissible in the former case (doing something to (...) a threat) but not the latter (initiating a new threat to a person). I demonstrate that this distinction does not accommodate our intuitions in all trolley-type cases. I then propose a new distinction – that of being “in the realm” and “out of the realm” - that does accommodate our intuitions across the range of trolley type cases. Bringing someone from “out” of the realm “into” the realm thus constitutes a new deontological constraint against minimizing harm. (shrink)

Thomson's goal in presenting her famous Trolley problem is to evince an explanatory weakness in the principle that killing is worse than letting die. Along the way, she tries to evince a similar weakness in the Kantian principle forbidding the use of people as mere means (henceforth: the Kantian prohibition). However, Thomson's negative assessment of the Kantian prohibition is unwarranted, and that is what this paper aims to show. The paper is divided into three sections. In the first, (...) I introduce the Kantian prohibition on using persons as mere means. In the second, I explain where the Trolley problem gets onto the wrong track. To do so, I shall engage with Kleingeld's recent and ingenious Kantian contribution to the trolley problem literature. In the third, I sketch some of what is needed for a Kantian solution to the Trolley problem. (shrink)

Judith Jarvis Thomson has recently proposed a new argument for the thesis that killing the one in the Trolley Problem is not permissible. Her argument relies on the introduction of a new scenario, in which the bystander may also sacrifice herself to save the five. Thomson argues that those not willing to sacrifice themselves if they could may not kill the one to save the five. Bryce Huebner and Marc Hauser have recently put Thomson's argument to empirical (...) test by asking people what they should do in the new trilemma case, in which they may also sacrifice themselves. They found that the majority judge that they should either kill the one or sacrifice themselves; Huebner and Hauser argue that those numbers speak against Thomson's argument. But Thomson's argument was about the dialectical effect of the new trilemma on the traditional dilemma, rather than about the trilemma itself. Here I present the results of a study in which I asked subjects first what they should do in the trilemma and then what they should do in the traditional Trolley Problem. I found that, if asked first about the trilemma, subjects then have the intuition that killing the one in the traditional Bystander at the Switch is not permissible?exactly what Thomson's argument had predicted. (shrink)

I defend a new argument for causal finitism, the view that nothing can have an infinite causal history. I begin by defending a number of plausible metaphysical principles, after which I explore a host of novel variants of the Littlewood-Ross and Thomson’s Lamp paradoxes that violate such principles. I argue that causal finitism is the best solution to the paradoxes.

Much of the discussion surrounding the ethics of abortion has centered around the notion of personhood. This is because many philosophers hold that the morality of abortion is contingent on whether the fetus is a person - though, of course, some famous philosophers have rejected this thesis (e.g. Judith Thomson and Don Marquis). In this article, I construct a novel argument for the immorality of abortion based on the notion of impairment. This argument does not assume that the fetus (...) is a person - indeed, I concede (for the sake of argument) that the fetus is not a person - and hence the morality of abortion is not contingent on whether the fetus is a person. I finish by answering a plethora of objections to my argument, concluding that none of them are successful. (shrink)

It is often assumed that if the fetus is a person, then abortion should be illegal. Thomson1 laid the groundwork to challenge this assumption, and Boonin2 has recently argued that it is false: he argues that abortion should be legal even if the fetus is a person. In this article, I explain both Thomson’s and Boonin’s reason for thinking that abortion should be legal even if the fetus is a person. After this, I show that Thomson’s and Boonin’s (...) argument for legalised abortion fail; they have not given us good reason for thinking abortion should be legal.1 Finally, I argue that—if we play Boonin’s game—abortion should be illegal. When discussing the ethics and politics of abortion, whether the fetus is a person is usually central.3 4.2 However, Thomson1 long ago challenged this view. She argued that abortion is permissible even if the fetus is a person. To do so, she asks us to consider a case in which you are non-consensually taken to a hospital and hooked up to a famous violinist. The violinist, if he is to survive, needs to filter his blood through your body. After 9 months, he will be fine and you can unplug yourself and go on your way. If you unplug yourself prior to this, however, he will die. Is it permissible to unplug yourself? Thomson thinks the answer is ‘yes’. And this, she thinks, shows that abortion is permissible even if the fetus is a person. While the majority of her article focuses on the ethics of abortion, it is clear that she also aims to show that abortion should be legal if the fetus is a person; she would no doubt reject the view that the state is right to coerce you into …. (shrink)

The paper addresses the phenomenology of inference. It proposes that the conscious character of conscious inferences is partly constituted by a sense of meaning; specifically, a sense of what Grice called ‘natural meaning’. In consciously drawing the (outright, categorical) conclusion that Q from a presumed fact that P, one senses the presumed fact that P as meaning that Q, where ‘meaning that’ expresses natural meaning. This sense of natural meaning is phenomenologically analogous, I suggest, to our sense of what is (...) said in fluently comprehending everyday utterances in our first language. The proposal that conscious inference involves a sense of natural meaning is compared with views according to which conscious inference involves taking the premises (i) to be good reasons for the conclusion (as defended by Thomson and Grice), (ii) to support it (as argued by Audi and, recently, Boghossian), or (iii) to imply it (as lately contended by Broome). I argue our proposal can explain certain phenomena handled by alternatives (i) and (ii), but that some further phenomena is handled by our account but not these alternatives. In relation to alternative (iii), I argue that, in so far as implicational and natural-meaning relations come apart, the latter are a better fit for what we sense or take to be so in conscious inference. (shrink)

At some point in the future – perhaps within the next few decades – it will be possible for foetuses to develop completely outside the womb. Ectogenesis, as this technology is called, raises substantial issues for the abortion debate. One such issue is that it will become possible for a woman to have an abortion, in the sense of having the foetus removed from her body, but for the foetus to be kept alive. We argue that while there is a (...) right to an abortion, there are reasons to doubt that there is a right to the death of the foetus. Our strategy in this essay is to consider and reject three arguments in favour of this latter right. The first claims that women have a right not to be biological mothers, the second that women have a right to genetic privacy, and the third that a foetus is one's property. Furthermore, we argue that it follows from rejecting the third claim that genetic parents also lack a right to the destruction of cryopreserved embryos used for in vitro fertilization. The conclusion that a woman possesses no right to the death of the foetus builds upon the claims that other pro-choice advocates, such as Judith Jarvis Thomson, have made. (shrink)

In this paper I argue for two things. First, many concerns we have regarding privacy—both regarding what things we do and do not want to protect in its name—can be explained through an account of our moral (legal and ethical) rights. Second, to understand a further set of moral (ethical and legal) concerns regarding privacy—especially the temptation to want to intrude on and disrespect others’ privacy and the gravity of such breaches and denials of privacy—we must appreciate the way in (...) which protecting freedom requires us to take into account the sociality of human nature. I draw on Kant’s practical philosophy—his moral accounts of freedom (of virtue and of right) as well as of human nature and evil—to make these arguments. (shrink)

An increasing number of scholars at the intersection of feminist philosophy and critical disability studies have turned to Merleau-Ponty to develop phenomenologies of disability or of what, following Rosemarie Garland-Thomson, I call "non-normate" embodiment. These studies buck the historical trend of philosophers employing disability as an example of deficiency or harm, a mere litmus test for normative theories, or an umbrella term for aphenotypical bodily variation. While a Merleau-Pontian-inspired phenomenology is a promising starting point for thinking about embodied experiences (...) of all sorts, I here draw a cautionary tale about how ableist assumptions can easily undermine accounts of non-normate experience. I first argue that the omission or misguided treatment of disability within the history of philosophy in general and the phenomenological tradition in particular is due to the inheritance of what I call “the ableist conflation” of disability with pain, suffering, and disadvantage. I then show that Merleau-Ponty’s famous reading of the blind man’s cane is problematic insofar as it omits the social dimensions of disabled experiences, misconstrues the radicality of blindness as a world-creating disability, and operates via an able-bodied simulation that confuses object annexation or extension with incorporation. In closing, I contend that if phenomenology is to overcome the errors of traditional philosophy, as Merleau-Ponty once hoped, it must heed the insights of “crip” or non-normate phenomenology, which takes the lived experience of disability as its point of departure. [French translation forthcoming in Pour une phénoménologie critique, ed. Donald A. Landes, Quebec City, Les Presses de l'Université Laval/Paris, J.Vrin]. (shrink)

Constitutivists seek to locate the metaphysical foundations of ethics in nonnormative facts about what is constitutive of agency. For most constitutivists, this involves grounding authoritative norms in the teleological structure of agency. Despite a recent surge in interest, the philosophical move at the heart of this sort of constitutivism remains underdeveloped. Some constitutivists—Foot, Thomson, and Korsgaard (at least in her recent *Self-Constitution*)—adopt a broadly Aristotelian approach. They claim that the functional nature of agency grounds normative judgments about agents in (...) much the same way that the functional natures of artifacts and bodily organs ground normative judgments about those kinds of things. I argue that the neo-Aristotelian conclusions about goodness which follow so straightforwardly from teleological premises are not genuinely normative. Functions are not by their very nature normatively significant. Other constitutivists—notably J. David Velleman and Paul Katsafanas—eschew Aristotelian talk of functions in favor of an approach based on the idea that agency has a constitutive aim. Velleman and Katsafanas both claim that aims are normatively significant. I argue that the fact that agency has a constitutive aim is merely a fact about the motives that produce and regulate actions. And so we are still left with a gap between the teleological and the normative. I conclude by suggesting that constitutivists have failed to find a way to bridge this gap not because none exists, but rather because they have been looking in the wrong place. The constitutivist project can be salvaged, but only if it is supplemented with a reductive metanormative account of reasons for action, an account that links reasons to sound or successful practical reasoning. (shrink)

Pro-life advocates commonly argue that fetuses have the moral status of persons, and an accompanying right to life, a view most pro-choice advocates deny. A difficulty for this pro-life position has been Judith Jarvis Thomson’s violinist analogy, in which she argues that even if the fetus is a person, abortion is often permissible because a pregnant woman is not obliged to continue to offer her body as life support. Here, we outline the moral theories underlying public health ethics, and (...) examine the COVID-19 pandemic as an example of public health considerations overriding individual rights. We argue that if fetuses are regarded as persons, then abortion is of such prevalence in society that it also constitutes a significant public health crisis. We show that on public health considerations, we are justified in overriding individual rights to bodily autonomy by prohibiting abortion. We conclude that in a society that values public health, abortion can only be tolerated if fetuses are not regarded as persons. (shrink)

I defend the thesis that legal standards of proof are reducible to thresholds of probability. Many have rejected this thesis because it seems to entail that defendants can be found liable solely on the basis of statistical evidence. I argue that this inference is invalid. I do so by developing a view, called Legal Causalism, that combines Thomson's (1986) causal analysis of evidence with recent work in formal theories of causal inference. On this view, legal standards of proof can (...) be reduced to probabilities, but deriving these probabilities involves more than just statistics. (shrink)

In the recent literature on the issue, a number of commentators have argued that Kant’s aesthetic theory commits him to the position that nothing is ugly. For instance, in ‘Why Kant finds nothing ugly’, Shier argues that ‘within Kant’s aesthetics, there cannot be any negative judgments of taste’ (Shier (1998): 413). And in ‘Kant’s problems with ugliness’, Thomson claims that ‘Kant’s aesthetic theory precludes […] ugliness’ (Thomson (1992): 107). In other words, as it is presented in some of (...) the literature, Kant’s account of aesthetic judgment seems to preclude him from accounting for the possibility of ugliness. A number of reasons have been put forward to explain why there can be no ugliness for Kant. Some have to do with his account of experience in general. Others have to do with the very nature of the free play between imagination and understanding. Of course, the real source of the problem is that the Critique of Judgment does not actually discuss ugliness, so commentators are left with the task of filling in the gaps. This paper aims to argue that Kant’s account of aesthetic judgment commits him not only to the existence of the ugly, but to the distinction between two kinds of ugliness. To support this claim, I will start from the premise that if there is to be room for ugliness, it should be defined as the contrary of beauty. However, I will suggest that Kant’s account of beauty can be negated in two ways, one that gives rise to impure ugliness and the other to pure ugliness. I will examine them in turn, first by showing that impure ugliness is the contrary of beauty insofar as it contravenes our interests and produces a desire to dispose of it, whereas beauty is necessarily disinterested for Kant. In the second section, I will use Kant’s definition of judgments of pure beauty to carve a space for an account of pure ugliness. For, it should present all the characteristics that make it “pure” whilst replacing the characteristics that make it beautiful with the ones that make it ugly. On this basis, I will define pure ugliness as the disinterested displeasure caused by the experience of what I will call “foul play” between the imagination and the understanding. (shrink)

I criticize the following three arguments for moral objectivism. 1. Since we assess moral statements, we can arrive at some moral truths (Thomson, 2006). 2. One culture can be closer to truths than another in moral matters because the former can be closer to truths than the latter in scientific matters (Pojman, 2008). 3. A moral judgment is shown to be true when it is backed up by reason (Rachels and Rachels, 2010). Finally, I construct a dilemma against the (...) view that there are moral truths and we can move toward them. (shrink)

This Ideas and Opinions article revisits an argument from Judith Jarvis Thomson in her essay “A Defense of Abortion” that abortion can be an ethical choice even if we assume that fetuses have full moral personhood and moral rights. The authors examine the implications of laws that require a pregnant person to care for another with their body and what other impositions states may also require of citizens to care for others.

Absolute needs (as against instrumental needs) are independent of the ends, goals and purposes of personal agents. Against the view that the only needs are instrumental needs, David Wiggins and Garrett Thomson have defended absolute needs on the grounds that the verb ‘need’ has instrumental and absolute senses. While remaining neutral about it, this article does not adopt that approach. Instead, it suggests that there are absolute biological needs. The absolute nature of these needs is defended by appeal to: (...) their objectivity (as against mind-dependence); the universality of the phenomenon of needing across the plant and animal kingdoms; the impossibility that biological needs depend wholly upon the exercise of the abilities characteristic of personal agency; the contention that the possession of biological needs is prior to the possession of the abilities characteristic of personal agency. Finally, three philosophical usages of ‘normative’ are distinguished. On two of these, to describe a phenomenon or claim as ‘normative’ is to describe it as value-dependent. A description of a phenomenon or claim as ‘normative’ in the third sense does not entail such value-dependency, though it leaves open the possibility that value depends upon the phenomenon or upon the truth of the claim. It is argued that while survival needs (or claims about them) may well be normative in this third sense, they are normative in neither of the first two. Thus, the idea of absolute need is not inherently normative in either of the first two senses. (shrink)

This chapter proposes a solution to the Trolley Problem in terms of the Kantian prohibition on using a person ‘merely as a means.’ A solution of this type seems impossible due to the difficulties it is widely thought to encounter in the scenario known as the Loop case. The chapter offers a conception of ‘using merely as a means’ that explains the morally relevant difference between the classic Bystander and Footbridge cases. It then shows, contrary to the standard view, that (...) a bystander who diverts the trolley in the Loop case need not be using someone ‘merely as a means’ in doing so. This makes it possible to show why the Loop scenario does not undermine the explanation of the salient moral difference between the Bystander and Footbridge cases. (shrink)

The problem of act individuation is a debate about the identity conditions of human acts. The fundamental question about act individuation is: how do we distinguish between actions? Three views of act individuation have dominated the literature. First, Donald Davidson and G.E.M. Anscombe have argued that a number of different descriptions refer to a single act. Second, Alvin Goldman and Jaegwon Kim have argued that each description designates a distinct act. Finally, Irving Thalberg and Judith Jarvis Thomson have averred (...) that some acts are sequences of causally related events, which include both a primitive bodily action and some of its effects. All of these accounts have assumed that a simple invariantist account of act individuation captures how ordinary people distinguish between acts. For my dissertation, I devised an experiment to test the action theorists' assumptions. My data show that people's intuitions seem to depend on the valence of the consequences of the action under consideration. So, an invariantist account is not possible. In light of the empirical results, I argue that if we seek a folk account of act individuation, then that account should be able to explain the variability that seems to be present in people's intuitions about different cases. (shrink)

Absences pose a dilemma for theories of causation. Allowing them to be causes seems to make theories too permissive (Lewis, 2000). Banning them from being causes seems to make theories too restrictive (Schaffer, 2000, 2004). An increasingly popular approach to this dilemma is to acknowledge that norms can affect which absences count as causes (e.g., Thomson, 2003; McGrath, 2005; Henne et al., 2017; Willemsen, 2018). In this article, I distinguish between two influential implementations of such ‘abnormality’ approaches and argue (...) that so-called ‘double-prevention mechanisms’ provide counterexamples against both. (shrink)

In Zettel, Wittgenstein considered a modified version of Cantor’s diagonal argument. According to Wittgenstein, Cantor’s number, different with other numbers, is defined based on a countable set. If Cantor’s number belongs to the countable set, the definition of Cantor’s number become incomplete. Therefore, Cantor’s number is not a number at all in this context. We can see some examples in the form of recursive functions. The definition "f(a)=f(a)" can not decide anything about the value of f(a). The definiton is incomplete. (...) The definition of "f(a)=1+f(a)" can not decide anything about the value of f(a) too. The definiton is incomplete.<br><br>According to Wittgenstein, the contradiction, in Cantor's proof, originates from the hidden presumption that the definition of Cantor’s number is complete. The contradiction shows that the definition of Cantor’s number is incomplete. <br><br>According to Wittgenstein’s analysis, Cantor’s diagonal argument is invalid. But different with Intuitionistic analysis, Wittgenstein did not reject other parts of classical mathematics. Wittgenstein did not reject definitions using self-reference, but showed that this kind of definitions is incomplete.<br><br>Based on Thomson’s diagonal lemma, there is a close relation between a majority of paradoxes and Cantor’s diagonal argument. Therefore, Wittgenstein’s analysis on Cantor’s diagonal argument can be applied to provide a unified solution to paradoxes. (shrink)

In this paper, I propose a solution to a challenge formulated by Judith Jarvis Thomson: We have to explain why the moral asymmetry between doing and allowing harm is a deep feature of our moral thinking. In a nutshell, my solution is this: It could not be otherwise. Accepting the asymmetry is indispensable for the construction and maintenance of stable moral communities. -/- My argument centrally involves mental resource management. Moral communities depend on their members’ commitment to moral norms. (...) And, I argue, community members can only be committed to these norms in the required ways without overextending their mental resources if morality contains the doing/allowing asymmetry. -/- This has two noteworthy implications. Firstly, we can and should stop discussing the asymmetry in normative ethics and, instead, regard it as “moral axiom” we cannot but accept. Secondly, even consequentialists have to accept the asymmetry but, by doing so, their view loses part of its intuitive appeal. Lastly, I turn to an objection. One might think that my indispensability argument confuses issues in moral psychology with issues in normative ethics. I reject the objection on broadly pragmatist grounds. (shrink)