Philosophical enquiry stands to benefit from the inclusion of methods from the digital humanities to study language use. Empirical studies using the methods of the digital humanities have the potential to contribute to both conceptual analysis and intuition-based enquiry, two important approaches in contemporary philosophy. Empirical studies using the methods of the digital humanities can also provide valuable metaphilosophical insights into the nature of philosophical methods themselves. The use of methods from the digital humanities in philosophy should be expected to (...) follow a similar trajectory to another attempt to introduce empirical methods in philosophy. Experimental philosophers use empirical methods from the cognitive sciences to bear on philosophical questions. At first, we should expect the main contribution of methods from the digital humanities in philosophy to be at the metaphilosophical level. Then, given the right impetus and support, we are optimistic that methods from the digital humanities can make important and sustained contributions to first-order philosophical enquiry. This chapter gives two case studies of recent studies in which methods from the digital humanities are used to address metaphilosophical questions about the use of the word ‘intuition’ and the methods of philosophy and physics. It gives three examples of contemporary first-order philosophical debates to which methods fromthe digital humanities could make an important contribution in epistemology, metaphysics and philosophy of language. The chapter discusses some methodological challenges and limitations which are of particular importance when considering the application of methods from the digital humanities in philosophy, including concerns about the demographic representativeness of widely available corpora. (shrink)

Recently, some have attempted to reformulate debates in first-order metaphysics, particularly in the metaphysics of time and modality, for reasons due to Williamson. In this paper, we focus on the ways in which the likes of Cameron, Correia and Rosenkranz, Deasy, Ingram, Tallant, Viebahn, inter alia, have initiated and responded to attempts to capture the core of presentism using a formal, logical machinery. We argue that such attempts are doomed to fail because there is no theoretical core to presentism. (...) There is no single view or family of views that is presentism. (shrink)

In this paper, we defend Lucretian Presentism. Although the view faces many objections and has proven unpopular with presentists, we rehabilitate Lucretianism and argue that none of the objections stick.

In this paper, we explore locative grounding harmony, according to which the location of the grounds mirrors the location of the grounded. We proceed in three stages. First, we clarify the notion of locative harmony and describe different locative harmony principles. Second, we offer two arguments for the claim that grounding between physically located entities obeys principles of locative harmony. Third, we consider and respond to a range of cases that seem to show that grounding relations between physically located entities (...) do not obey such principles. We conclude that grounding between such entities obeys locative harmony. (shrink)

Presentists face a familiar problem. If only present objects exist, then what 'makes true' our true claims about the past? According to Ross Cameron, the 'truth-makers' for past and future tensed propositions are presently instantiated Temporal Distributional Properties. We present an argument against Cameron's view. There are two ways that we might understand the term 'distribute' as it appears. On one reading, the resulting properties are not up to the task of playing the truth-maker role; on the other, the properties (...) are incompatible with presentism. (shrink)

Ross Cameron proposes to reconcile presentism and truth-maker theory by invoking temporal distributional properties, instantiated by present entities, as the truth-makers for truths about the past. This chapter argues that Cameron's proposal fails because objects can change which temporal distributional properties they instantiate and this entails that the truth-values of truths about the past can change in an objectionable way.

What distinguishes causation from grounding? One suggestion is that causation, but not grounding, occurs over time. Recently, however, counterexamples to this simple temporal criterion have been offered. In this paper, we situate the temporal criterion within a broader framework that focuses on two aspects: locational overlapping in space and time and the presence of intermediaries in space and time. We consider, and reject, the idea that the difference between grounding and causation is that grounding can occur without intermediaries. We go (...) on to use the fact that grounding and causation both involve intermediaries to develop a better temporal criterion for distinguishing causation from grounding. The criterion is this: when a cause and effect are spatially disjoint, there is always a chain of causal intermediaries between the cause and the effect that are extended in time. By contrast, when the grounds and the grounded are spatially disjoint, there is always a chain of grounding intermediaries, but the chain need not be extended in time, it can be purely spatial. The difference between grounding and causation, then, is that causation requires time for chaining in a way that grounding does not. (shrink)

Current debate in the metaphysics of time ordinarily assumes that we should be realists about time. Recently, however, a number of physicists and philosophers of physics have proposed that time will play no role in a completed theory of quantum gravity. This paper defends fictionalism about temporal thought, on the supposition that our world is timeless. We argue that, in the face of timeless physical theories, realism about temporal thought is unsustainable: some kind of anti-realism must be adopted. We go (...) on to provide an argument against eliminativism about temporal thought. While it doesn't follow from this argument that fictionalism about temporal thought is true, we suggest that this nonetheless shows that fictionalism should be regarded as the preferred view. (shrink)

This paper introduces a new kind of explanation that we describe as ‘purely theoretical’. We first present an example, E, of what we take to be a case of purely theoretical explanation. We then show that the explanation we have in mind does not fit neatly into any of the existing categories of explanation. We take this to give us prima facie motivation for thinking that purely theoretical explanation is a distinctive kind of explanation. We then argue that it can (...) earn its keep via application to two existing literatures: the literature on how we explain the truth of true negative existential propositions and the literature on how we explain the truth of true propositions about the past. We reply to some possible concerns regarding the introduction of purely theoretical explanations. We conclude that there is nothing obviously wrong with them and explore the ramifications for particular debates in metaphysics. (shrink)

The Triviality Argument against presentism maintains that we should reject presentism because there is no way to define the view that is not either trivially true or obviously false. We suggest that this style of argument over-emphasises purely linguistic means of representing a philosophical thesis. We argue that there is no reason to suppose that all philosophical theses must be linguistically representable, and thus that the failure to linguistically represent presentism is no big deal. It certainly shouldn’t lead us to (...) reject the view. We offer a more general moral for philosophy, and that is to look beyond purely linguistic methods of representing philosophical views and embrace a wider range of representational media. (shrink)

Mereological harmony is the idea that the mereological structure of objects mirrors the mereological structure of locations. Grounding harmony is the idea that there is a similar mirroring between the grounding structure of objects and locations. Our goal in this paper is exploratory: we introduce and then explore two notions of grounding harmony: locative and structural. We outline potential locative and structural harmony principles for grounding, and show which of these principles may entail, or be entailed by, principles of mereological (...) harmony. We then present a case study in grounding harmony, by applying it to Schaffer’s :31, 2010a) specific version of priority monism. We show that, given a strong form of grounding harmony, Schaffer-style monism is inconsistent, but that this inconsistency can be resolved by offering bespoke notions of grounding harmony. We use Schaffer’s priority monism to demonstrate a broader tension within certain packages of metaphysical views, including versions of priority pluralism. We close by briefly considering the case against structural grounding harmony. (shrink)

The idea that time does not exist is, for many, unthinkable: time must exist. Almost every experience we have tells us so. There has been plenty of debate around what time is like, but not whether it exists. The goal of this book is to make the absence of time thinkable. Time might not exist. Beginning with an empirically flavoured examination of the 'folk' concept of time, the book explores the implications this has for our understanding of agency, and the (...) extent to which our best physics and best metaphysics are compatible with a timeless conception of reality. (shrink)

In the newly-discovered “On Principles and Matter”—we can definitely ascertain by Porphyry—the author concludes that there must be two principles responsible for all beings, or at least all sensible beings: God (the active cause) and matter (the passive cause). In large part this agrees with Atticus’ position, which the text also quotes, and which we also know Porphyry engaged with vigorously, from Proclus’ Timaeus Commentary. However there is a something odd about this text’s Porphyry: we seem to have a positive (...) argument for much of Antiochus’ framework of two principles, while in Proclus’ testimony we have a negative argument for the very same position. In this paper I analyze in detail the positive argument for the two principles given in “On Principles”, and I consider the degree to which Porphyry may be supplying a dialectical argument at this point in the text, before eventually criticizing the same view elsewhere (as in Proclus’ testimony). I also consider other points of contact for the text’s two-principles framework with Porphyry’s other extant works and show some consequences for Porphyry’s overall position. (shrink)

Conciliationism is the family of views that rationality requires agents to reduce confidence or suspend belief in p when acknowledged epistemic peers (i.e. agents who are (approximately) equally well-informed and intellectually capable) disagree about p. While Conciliationism is prima facie plausible, some have argued that Conciliationism is not an adequate theory of peer disagreement because it is self-undermining. Responses to this challenge can be put into two mutually exclusive and exhaustive groups: the Solution Responses which deny Conciliationism is self-undermining and (...) attempt to provide arguments which demonstrate this; and the Skeptical Responses which accept that Conciliationism is self-undermining but attempt to mitigate this result by arguing this is either impermanent and/or not very worrisome. I argue that, by Conciliationism’s own lights, both kinds of responses (almost certainly) fail to save Conciliationism from being self-undermining. Thus, Conciliationism is (almost certainly) permanently self-undermining. This result is significant because it demonstrates that Conciliationism is likely hopeless: there is likely nothing that can save Conciliationism from this challenge. I further argue that Conciliationism, like any view, should be abandoned if it is (almost certainly) hopeless. (shrink)

Evidentialism is the thesis that all reasons to believe p are evidence for p. Pragmatists hold that pragmatic considerations – incentives for believing – can also be reasons to believe. Nishi Shah, Thomas Kelly and others have argued for evidentialism on the grounds that incentives for belief fail a ‘reasoning constraint’ on reasons: roughly, reasons must be considerations we can reason from, but we cannot reason from incentives to belief. In the first half of the paper, I show that this (...) argument fails: the claim that we cannot reason from incentives is either false or does not combine with the reasoning constraint to support evidentialism. However, the failure of this argument suggests an alternative route to evidentialism. Roughly, reasons must be premises of good reasoning, but it is not good reasoning to reason from incentives to belief. The second half of the paper develops and defends this argument for evidentialism. (shrink)

This article gives an overview of some recent debates about the relationship between reasons and rational requirements of coherence - e.g. the requirements to be consistent in our beliefs and intentions, and to intend what we take to be the necessary means to our ends.

Causal claims are context sensitive. According to the old orthodoxy (Mackie 1974, Lewis 1986, inter alia), the context sensitivity of causal claims is all due to conversational pragmatics. According to the new contextualists (Hitchcock 1996, Woodward 2003, Maslen 2004, Menzies 2004, Schaffer 2005, and Hall ms), at least some of the context sensitivity of causal claims is semantic in nature. I want to discuss the prospects for causal contextualism, by asking why causal claims are context sensitive, what they are sensitive (...) to, and where they are sensitive to it. (shrink)

From mitochondria to meerkats, the natural world is full of spectacular examples of social behaviour. In the early 1960s W. D. Hamilton changed the way we think about how such behaviour evolves. He introduced three key innovations - now known as Hamilton's rule, kin selection, and inclusive fitness - and his pioneering work kick-started a research program now known as social evolution theory. This is a book about the philosophical foundations and future prospects of that program. [Note: only the Introduction (...) is available to download.]. (shrink)

In debates about animal sentience, the precautionary principle is often invoked. The idea is that when the evidence of sentience is inconclusive, we should “give the animal the benefit of the doubt” or “err on the side of caution” in formulating animal protection legislation. Yet there remains confusion as to whether it is appropriate to apply the precautionary principle in this context, and, if so, what “applying the precautionary principle” means in practice regarding the burden of proof for animal sentience. (...) Here I construct a version of the precautionary principle tailored to the question of animal sentience together with a practical framework for implementing it. I explain and defend the key features of this framework, argue that it is well-aligned with current practice in animal welfare science, and consider and reject a number of influential counterarguments to the use of precautionary reasoning in this area. (shrink)

Sentience is the capacity to have feelings, such as feelings of pain, pleasure, hunger, thirst, warmth, joy, comfort and excitement. It is not simply the capacity to feel pain, but feelings of pain, distress or harm, broadly understood, have a special significance for animal welfare law. Drawing on over 300 scientific studies, we evaluate the evidence of sentience in two groups of invertebrate animals: the cephalopod molluscs or, for short, cephalopods (including octopods, squid and cuttlefish) and the decapod crustaceans or, (...) for short, decapods (including crabs, lobsters and crayfish). We also evaluate the potential welfare implications of current commercial practices involving these animals. (shrink)

In a 1997 paper, Salvatore Lilla pinpointed multiple textual parallels between Damascius and the Pseudo-Dionysius, showing certain conceptual parallels. For instance, both Ps.-Dionysius and Damascius speak of the first cause, or God, as being all things, i.e. as “encompassing” (περιληπτική) or as “anticipating” (προληπτική) all things, at the same time that God transcends all things. In my chapter I expand on Lilla’s findings by showing how Ps.-Dionysius’ conception of God fits more closely with Damascius’ framework for the One, especially Damascius' (...) description of the triad of principles (i.e. the One-All, All-One, and Unified) at the One’s level which closely parallels Ps.-Dionysius’ description of the Christian Trinitarian persons (i.e. the Father, the Son, and the Holy Spirit). The chapter also shows striking parallels between Damascius and Ps.-Dionysius elevating divine revelation as a primary means of communicating knowledge about the first cause’s mode of being (correcting certain claims of Lilla), while it also shows how the parallels drawn between Proclus’ henadology and Ps.-Dionysius make more sense when looking at Damascius’ own adaptation of Proclus’ henadology with his conception of the One’s triad of principles. (shrink)

A number of philosophers have recently suggested that the role of intuitions in the epistemology of armchair philosophy has been exaggerated. This suggestion is rehearsed and endorsed. What bearing does the rejection of the centrality of intuition in armchair philosophy have on experimentalist critiques of the latter? I distinguish two very different kinds of experimentalist critique: one critique requires the centrality of intuition; the other does not.

What makes fast, cumulative cultural evolution work? Where did it come from? Why is it the sole preserve of humans? We set out a self-assembly hypothesis: cultural evolution evolved culturally. We present an evolutionary account that shows this hypothesis to be coherent, plausible, and worthy of further investigation. It has the following steps: (0) in common with other animals, early hominins had significant capacity for social learning; (1) knowledge and skills learned by offspring from their parents began to spread because (...) bearers had more offspring, a process we call CS1 (or Cultural Selection 1); (2) CS1 shaped attentional learning biases; (3) these attentional biases were augmented by explicit learning biases (judgements about what should be copied from whom). Explicit learning biases enabled (4) the high-fidelity, exclusive copying required for fast cultural accumulation of knowledge and skills by a process we call CS2 (or Cultural Selection 2), and (5) the emergence of cognitive processes such as imitation, mindreading and metacognition – ‘cognitive gadgets’ specialised for cultural learning. This self-assembly hypothesis is consistent with archaeological evidence that the stone tools used by early hominins were not dependent on fast, cumulative cultural evolution, and suggests new priorities for research on ‘animal culture’. (shrink)

In this introduction we explore a number of puzzles that arise concerning epistemic autonomy, and introduce the sections and chapters of the book. There are four broad types of puzzles to be explored, corresponding to the four sections of the book. The first set of puzzles concerns the nature of epistemic autonomy. Here, questions arise such as what is epistemic autonomy? Is epistemic autonomy valuable? What are we epistemically autonomous about? The second set of puzzles concern epistemic paternalism. Paternalistic acts (...) interfere with an agent’s autonomy. Here, questions arise concerning the permissibility of epistemic paternalism as well the extension of epistemically paternalistic acts. The third set of puzzles concerns the relation of epistemic autonomy to epistemic value and to intellectual virtues and vices. Is there epistemic value to being epistemically autonomous? How does epistemic autonomy relate to different intellectual virtues and vices? Finally, the fourth set of puzzles concerns the role of epistemic autonomy within a social epistemology. How does epistemic autonomy square with a reliance on expertise? Does thinking about epistemic autonomy add to the debates about the epistemic significance of disagreement or epistemic injustice? (shrink)

According to a number of influential views in penal theory, 1 one of the primary goals of the criminal justice system is to rehabilitate offenders. Rehabilitativemeasures are commonly included as a part of a criminal sentence. For example, in some jurisdictions judges may order violent offenders to attend anger management classes or to undergo cognitive behavioural therapy as a part of their sentences. In a limited number of cases, neurointerventions — interventions that exert a direct biological effect on the brain (...) — have been used as aids to rehabilitation, typically being imposed as part of criminal sentences, separate treatment orders, or conditions of parole. Examples of such interventions include medications intended to attenuate addictive desires in substance-abusing offenders and agents intended to suppress libido in sex offenders.This chapter reviews some of the ethical issues raised by the use of neurointerventions as aids to rehabilitation. (shrink)

In this chapter I develop and motivate and account of epistemic autonomy as an intellectual character virtue. In Section one, I clarify the concept of an intellectual virtue and character intellectual virtues in particular. In Section two, I clear away some misconceptions about epistemic autonomy to better focus on our target. In Section three, I examine and evaluate several extant accounts of the virtue of epistemic autonomy, noting problems with each. In Section four, I provide my positive account of the (...) virtue of epistemic autonomy and explain how it meets the desiderata for such an account while avoiding the problems with extant accounts. Finally, in Section five, I fill the account out by digging into the factors that guide epistemically autonomous agents in having an appropriate reliance on their own thinking. (shrink)

This editorial introduces the Journal of Consciousness Studies special issue on "Animal Consciousness". The 15 contributors and co-editors answer the question "How should we study animal consciousness scientifically?" in 500 words or fewer.

This is an edited transcript of a lecture given at the LSE in March 2023. The lecture introduces the “meaning of life” question via Tolstoy’s Confession, then considers the strengths and limitations of religious and secular answers to the question.

It would be unwise to dismiss the possibility of human brain organoids developing sentience. However, scepticism about this idea is appropriate when considering current organoids. It is a point of consensus that a brainstem-dead human is not sentient, and current organoids lack a functioning brainstem. There are nonetheless troubling early warning signs, suggesting organoid research may create forms of sentience in the near future. To err on the side of caution, researchers with very different views about the neural basis of (...) sentience should unite behind the “brainstem rule”: if a neural organoid develops or innervates a functioning brainstem that registers and prioritizes its needs, regulates arousal, and leads to sleep-wake cycles, then it is a sentience candidate. If organoid research leads to the creation of sentience candidates, a moratorium or indefinite ban on the creation of the relevant type of organoid may be appropriate. A different way forward, more consistent with existing approaches to animal research, would be to require ethical review and harm-benefit analysis for all research on sentience candidates. (shrink)

This paper offers a Nietzschean theory of emotion as expressed by following thesis: paradigmatic emotional experiences exhibit a distinctive kind of affective intentionality, specified in terms of felt valenced attitudes towards the (apparent) evaluative properties of their objects. Emotional experiences, on this Nietzschean view, are therefore fundamentally feelings towards value. This interpretation explains how Nietzschean affects can have evaluative intentional content without being constituted by cognitive states, as these feelings towards value are neither reducible to, nor to be thought along (...) the lines of, judgements, perceptions, or other mental states. (shrink)

Christian List has recently constructed a novel formal framework for representing the relationship between free will and determinism. At its core is a distinction between physical and agential levels of description. List has argued that, since the consequence argument cannot be reconstructed within this framework, the consequence argument rests on a ‘category mistake’: an illicit conflation of the physical and agential levels. I show that an expanded version of List’s framework allows the construction of a cross-level consequence argument.

If states are permitted to create and maintain a military force, by what means are they permitted to do so? This paper argues that a theory of just recruitment should incorporate a concern for moral risk. Since the military is a morally risky profession for its members, recruitment policies should be evaluated in terms of how they distribute moral risk within a community. We show how common military recruitment practices exacerbate and concentrate moral risk exposure, using the UK as a (...) case study. We argue that the British state wrongs its citizens by subjecting them to excessively morally risky recruitment practices. Since, we argue, this risk exposure cannot be justified by appealing to the benefits of a military career for recruits, our argument calls for reform of existing practices. Our method of evaluation is generalizable and thus can be used to assess other states’ practices. (shrink)

In the debates regarding the ethics of human organoid biobanking, the locus of donor autonomy has been identified in processes of consent. The problem is that, by focusing on consent, biobanking processes preclude adequate engagement with donor autonomy because they are unable to adequately recognise or respond to factors that determine authentic choice. This is particularly problematic in biobanking contexts associated with organoid research or the clinical application of organoids because, given the probability of unforeseen and varying purposes for which (...) a donor’s organoids could be employed and given the different ways in which a donor can relate to her biospecimens, a donor can value her organoids differently in different contexts and her reasons for autonomously permitting use of her cells and tissues in one case may not support an autonomous decision in another. In response, this paper has three aims: firstly, to make the case for why organoid biobanks ought to respect donor autonomy conceived as authentic choice; secondly, to explore the autonomy-respecting limits of established and widely prevalent models of biobank consent; and thirdly, to propose certain conditions that organoid biobanks ought to support or facilitate in order to respect donor autonomy. (shrink)

“Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy in this paper (...) is aligned with traditional theories that conceive autonomy in terms of an individual’s capacities for, and exercises of rational reflection. However, at the same time, this paper extends these accounts by arguing that autonomy is, in part, embodied. Specifically, by drawing on phenomenological conceptions of the experience of autonomy, we argue that, in principle, the body is a necessary component of the capacity for autonomy. Secondly, through the presentation of two different cases, we highlight ways in which a patient’s body can contribute to the autonomy of treatment choices. Ultimately, we hope to encourage others to explore additional conditions under which a concept of embodied autonomy should be employed in medical decision making, how its underlying principles might be operationalised in clinical situations, and its consequences for approaches to patient autonomy in healthcare practice, policy, and law. (shrink)

Many people greet evidence of biologically based race and sex differences with extreme skepticism, even hostility. We argue that some of the vehemence with which many intellectuals in the West resist claims about group differences is rooted in the tacit assumption that accepting evidence for group differences in socially valued traits would undermine our reasons to treat people with respect. We call this theegalitarian fallacy. We first explain the fallacy and then give evidence that self-described liberals in the United States (...) are especially likely to commit it when they reason about topics like race and sex. We then argue that people should not be as worried as they often are about research that finds psychological differences between men and women, or between people of different racial or ethnic groups. We conclude that if moral equality is believed to rest on biological identity, ethnically diverse societies are in trouble. (shrink)

Research on the capacity to understand others' minds has tended to focus on representations ofbeliefs,which are widely taken to be among the most central and basic theory of mind representations. Representations ofknowledge, by contrast, have received comparatively little attention and have often been understood as depending on prior representations of belief. After all, how could one represent someone as knowing something if one does not even represent them as believing it? Drawing on a wide range of methods across cognitive science, (...) we ask whether belief or knowledge is the more basic kind of representation. The evidence indicates that nonhuman primates attribute knowledge but not belief, that knowledge representations arise earlier in human development than belief representations, that the capacity to represent knowledge may remain intact in patient populations even when belief representation is disrupted, that knowledge (but not belief) attributions are likely automatic, and that explicit knowledge attributions are made more quickly than equivalent belief attributions. Critically, the theory of mind representations uncovered by these various methods exhibits a set of signature features clearly indicative of knowledge: they are not modality-specific, they are factive, they are not just true belief, and they allow for representations of egocentric ignorance. We argue that these signature features elucidate the primary function of knowledge representation: facilitating learning from others about the external world. This suggests a new way of understanding theory of mind – one that is focused on understanding others' minds in relation to the actual world, rather than independent from it. (shrink)

In an article published in Prolegomena 2006, Christoph Schmidt-Petri has defended his interpretation and attacked mine of Mill’s idea that higher kinds of pleasure are superior in quality to lower kinds, regardless of quantity. Millian qualitative superiorities as I understand them are infinite superiorities. In this paper, I clarify my interpretation and show how Schmidt-Petri has misrepresented it and ignored the obvious textual support for it. As a result, he fails to understand how genuine Millian qualitative superiorities determine the novel (...) structure of Mill’s pluralistic utilitarianism, in which a social code of justice that distributes equal rights and duties takes absolute priority over competing considerations. Schmidt-Petri’s own interpretation is a non-starter, because it does noteven recognize that Mill is talking about different kinds of pleasant feelings, such that the higher kinds are intrinsically more valuable than the lower. I conclude by outlining why my interpretation is free of any metaphysical commitment to the “essence” of pleasure. (shrink)

Antibiotic resistance is one of the most pressing public health problems humanity faces. Research into new classes of antibiotics and new kinds of treatments – including risky experimental treatments such as phage therapy and vaccines – is an important part of improving our ability to treat infectious diseases. In order to aid this research, we will argue that we should permit researchers to pay people any amount of money to compensate for the risks of participating in clinical trials, including ‘challenge (...) studies’ that involve deliberately infecting patients. We think that standard worries about paying for participation in risky research are reducible to concerns that can be addressed with the right screening mechanisms. (shrink)

When faced with an urgent and credible threat of grave harm, we should take proportionate precautions. This maxim captures the core commitments of the “precautionary principle”. But what is it for a precaution to be “proportionate”? I construct an account of proportionality (the “ARCANE” account) that consists of five fundamental conditions (absolute rights compatibility, reasonable compensation, consistency, adequacy and non- excessiveness) and a tie-breaker (efficiency). I apply this account to two examples from the COVID-19 pandemic (border closures and school closures), (...) arguing that my account captures the key questions on which it is both feasible and important to integrate expert input with democratic input. I close by considering how we might try to manage the risk of future pandemics in a proportionate way. (shrink)

Phenomenology gives rise to certain ontological considerations that have far-reaching implications for standard conceptions of patient autonomy in medical ethics, and, as a result, the obligations of and to patients in clinical decision-making contexts. One such consideration is the phenomenological reduction in classical phenomenology, a core feature of which is the characterisation of our primary experiences as immediately and inherently meaningful. This paper builds on and extends the analyses of the phenomenological reduction in the works of Husserl, Heidegger, and Merleau-Ponty (...) in order to identify and explain its implications for our current understanding of the principle of respect for patient autonomy and the norms of clinical decision making. (shrink)

Many philosophers have been attracted to the view that reasons are premises of good reasoning – that reasons to φ are premises of good reasoning towards φ-ing. However, while this reasoning view is indeed attractive, it faces a problem accommodating outweighed reasons. In this article, I argue that the standard solution to this problem is unsuccessful and propose an alternative, which draws on the idea that good patterns of reasoning can be defeasible. I conclude by drawing out implications for the (...) debate over pragmatic reasons for belief and other attitudes and for one influential form of reductionism about the normative. (shrink)

Smajdor argues that “recognition” is the solution to the “reifying attitude” that results from “the urge to protect ‘vulnerable’ people through exclusion from research”. Drawing on theories of reification, we argue that it is the concepts of autonomy and vulnerability themselves that have been reified, resulting in the impoverishment of approaches to autonomy at law and in research ethics. Overcoming such reification demands a deeper consideration of the grounds on which vulnerable individuals are owed recognition and thereby the forms such (...) recognition should take. Smajdor argues for a recognition that appeals to autonomy and that manifests in providing vulnerable individuals with the opportunity to assent. The problem is that this kind of recognition is dependent on a more fundamental kind. It is this second form of recognition that would need to do the heavy lifting for assent-based frameworks to avoid the same problems we find with consent. (shrink)

The High Court continues to exercise its inherent jurisdiction to make declarations about interventions into the lives of situationally vulnerable adults with mental capacity. In light of protective responses of health care providers and the courts to decision-making situations involving capacitous vulnerable adults, this paper has two aims. The first is diagnostic. The second is normative. The first aim is to identify the harms to a capacitous vulnerable adult’s autonomy that arise on the basis of the characterisation of situational vulnerability (...) and autonomy as fundamentally opposed concepts or the failure to adequately acknowledge the conceptual relationship between them at common law. The second part of this aim is to draw upon developments in analytic feminist philosophy to illustrate how standard approaches to autonomy are ill-equipped to capture the autonomy issues of capacitous vulnerable adults when their decisions regarding care and treatment are at stake. The second (normative) aim is to develop an account of self-authorised, intersubjective autonomy on the basis of analytic feminist insights into the relational practices of recognition. This account not only attempts to capture the autonomy of capacitous vulnerable adults and account for the necessary harms to their autonomy that arise from standard common law responses to their situational vulnerability, it is also predicated on the distinctions between mental capacity, the satisfaction of conditions for informed consent and the exercise of autonomy, meaning that it is better placed to fulfil the primary aim of the inherent jurisdiction – to facilitate the autonomy of vulnerable adults with capacity. (shrink)