Autonomy

This article argues that consent must be revocable. I present two arguments for this conclusion. On the argument from informed consent, irrevocable consent lacks validity because it cannot be sufficiently informed. On the argument from bodily integrity, irrevocable consent lacks validity because we do not have the authority to deny our future selves the ability to protect our bodily integrity. I explain why the argument from bodily integrity captures unique moral problems raised by irrevocable consent and illuminates an important but (...) undertheorized distinction between autonomy and bodily integrity. (shrink)

Should historical injustices always be repaired? Most public institutions and present holdings reveal links to past injustices, making reparation imperative. However, what if repairing historical injustices conflicts with distributive justice demands? Through discussions of post-colonial injustices against Indigenous peoples and of the injustices committed by the Global North against the Global South, particularly in the context of climate change, this book argues that repairing historical injustices can and must be reconciled with the imperatives of distributive justice.

An AI-based “patient preference predictor” (PPP) is a proposed method for guiding healthcare decisions for patients who lack decision-making capacity. The proposal is to use correlations between sociodemographic data and known healthcare preferences to construct a model that predicts the unknown preferences of a particular patient. In this paper, I highlight a distinction that has been largely overlooked so far in debates about the PPP–that between algorithmic prediction and decision-making–and argue that much of the recent philosophical disagreement stems from this (...) oversight. I show how three prominent objections to the PPP only challenge its use as the sole determinant of a choice, and actually support its use as a source of evidence about patient preferences to inform human decision-making. The upshot is that we should adopt the evidential conception of the PPP and shift our evaluation of this technology towards the ethics of algorithmic prediction, rather than decision-making. (shrink)

I develop an egalitarian account of what's objectionable about coercion. The account is rooted in the idea that certain relationships, like those of master to slave or lord to peasant, are relationships of subordination or domination. These relationships are morally objectionable. Such relationships are in part constituted by asymmetries of power. A master subordinates a slave because the master has more power over the slave than vice versa. Coercion is objectionable, I argue, because it creates such asymmetries of power and (...) so creates relationships of subordination. This account, moreover, illuminates what's wrong with blackmail, exploitation, withholding aid, and compulsion. (shrink)

We should drop the marketplace of ideas as our go-to metaphor in free speech discourse and take up a new metaphor of the connected city. Cities are more liveable when they have an integrated mix of transport options providing their occupants with a variety of locomotive affordances. Similarly, societies are more liveable when they have a mix of communication platforms that provide a variety of communicative affordances. Whereas the marketplace metaphor invites us to worry primarily about authoritarian control over the (...) content that circulates through our communication networks, the connected-city metaphor invites us to worry, more so, about the homogenization of the tools and formats through which we communicate. I argue that the latter worry demands greater attention under emerging technological conditions. (shrink)

Chilling Effects occur when the risks surrounding a speech restriction inadvertently deter speech that lies outside the restriction’s official scope. Contrary to the standard interpretation of this phenomenon I show how speech deterrence for individuals can sometimes, instead of suppressing discourse at the group level, intensify it – with results that are still unwelcome, but crucially unlike a ‘chill’. Inadvertent deterrence of speech may, counterintuitively, create a Heating Effect. This proposal gives us a promising explanation of the intensity of public (...) debate on topics for which there is, simultaneously, evidence of people self-censoring, for fear of breaching speech restrictions. It also helps to pinpoint two problems with existing theoretical analyses of the Chilling Effect: (i) in how they construe the relation between individual- and group-level discursive phenomena; and (ii) how they characterize the distinctively wrongful nature of inadvertent speech deterrence. (shrink)

Marx says of alienated labor that it does not “belong” to the worker, that it issues in a product that does not belong to her, and that it is unfulfilling, unfree, egoistically motivated, and inhuman. He seems to think, moreover, that the first of these features grounds all the others. All of these features seem quite independent, however: they can come apart; they share no obvious common cause or explanation; and if they often occur together, this seems accidental. It is (...) not clear, then, how Marx’s concept of alienated labor could possess the strong unity that he takes it to have. This article defends a reinterpretation of the concept that explains this unity. The various features of alienated labor, the article argues, all follow from a single, hitherto underappreciated feature of its formal motivational structure: the fact that such labor is motivated not by its product but by an incentive. (shrink)

This paper presents an account of the right to privacy that is inspired by classic control views on this right and recent developments in moral psychology. The core idea is that the right to privacy is the right that others not make personal information about us flow unless this flow is an expression of and does not conflict with our deep self. The nature of the deep self will be spelled out in terms of stable intrinsic desires. The paper argues (...) that this view has advantages over alternative accounts of the right to privacy, that it is extensionally adequate in interesting test cases, that there is a good reason to think that the right to privacy, thus understood, can be justified, and that this view helps identify what kind of information is protected by the right to privacy. (shrink)

Value capture occurs when an agent’s values are rich and subtle; they enter a social environment that presents simplified — typically quantified — versions of those values; and those simplified articulations come to dominate their practical reasoning. Examples include becoming motivated by FitBit’s step counts, Twitter Likes and Re-tweets, citation rates, ranked lists of best schools, and Grade Point Averages. We are vulnerable to value capture because of the competitive advantage that such crisp and clear expressions of value have in (...) our private reasoning and our public justification. There is, however, a price. In value capture, we take a central component of our autonomy — our ongoing deliberation over the exact articulation of our values — and we outsource it. And the metrics to which we outsource usually engineered for the interests of some external force, like a large-scale institution’s interest in cross-contextual comprehensibility and quick aggregability. That outsourcing cuts off one of the key benefits to personal deliberation. In value capture, we no longer adjust our values and their articulations in light of own rich experience of the world. Our values should often be carefully tailored to our particular selves or our small-scale communities, but in value capture, we buy our values off the rack. In some cases – like decreasing CO2 emissions – the costs of non-tailored values are outweighed by the benefit of precise collective coordination. In other cases, like in our aesthetic lives, they are not. This suggests that we should want different values suited to different scales. We should want value federalism. Some values are perhaps best pursued at the largest-scale level, others at smaller scales. The problem occurs when we exhibit an excess preference for the largest-scale values – when we consistently let the universal metrics swamp our quieter interests. (shrink)

What makes your life go well for you? In this paper, we give an account of welfare. Our core idea is simple. There are impersonally good and bad things out there: things that are good or bad period, not (or not only) good or bad for someone. The life that is good for you is the life in contact with the good. We’ll understand the relevant notion of ‘contact’ here in terms of manifestation: you’re in contact with a value when (...) it is manifest in parts of your life or parts of your life are manifest in it. So, the more the good is manifest in your life, or your life manifest in the good, the better for you. The more the bad is manifest in your life, or your life manifest in the bad, the worse for you. We’ll argue that this account is extensionally adequate: it explains the welfare value of achievements, friendships, knowledge, pleasures and virtues. Moreover, it has a number of explanatory virtues: it’s unified, elegant and explanatorily powerful. So, we’ll suggest, it’s an excellent account of welfare, and in many ways superior to its main competitors. (shrink)

Adaptive preferences give rise to puzzles in ethics, political philosophy, decision theory, and the theory of action. Like our other preferences, adaptive preferences lead us to make choices, take action, and give consent. In 'False Consciousness for Liberals', recently published in The Philosophical Review, David Enoch (2020) proposes a criterion by which to identify when these choices, actions, and acts of consent are less than fully autonomous; that is, when they suffer from what Natalie Stoljar (2014) calls an 'autonomy deficit'. (...) According to Enoch, such actions are not protected in the usual way against interference by others; there is not the same prohibition against trying to prevent someone from acting in a particular way when that action is motivated by such adaptive preferences and is an attempt to satisfy them. In this note, I raise two concerns about Enoch's criterion. (shrink)

Feminists debate whether women can autonomously embrace their own subordination. Some argue that it is the process of identifying with desires and values that matters; others, that it is the content of the desires and values that matters. In this paper, I introduce a novel class of cases of ‘thwarted autonomy,’ in which women pursue autonomy but in ways that reinforce gendered subordination, and draw on these cases to develop an expressivist view of women’s autonomy. On this view, agents must (...) embody desires and values in the social world if they are to achieve self-understanding, such that the social world mediates the relation-to-self. Oppressive meanings and norms can channel this expressive activity in ways that violate women’s physical integrity and involve self-abnegation that is incompatible with autonomy. (shrink)

[Attached PDF is the Arabic translation, the hyperlink takes you to the original English version] In this paper I argue that the emphasis, which was placed by the PAIGC’s leadership, and specifically by Amílcar Cabral, on the importance of advancing women’s rights and women’s liberation should be understood as being a consequence of Cabral’s modernist philosophical orientation. Moreover, I argue that women played an essential part in the struggle for liberation from Portuguese colonialism. In the first section, I characterize Cabral’s (...) modernist philosophical orientation and the way it influenced his views on the necessity of women’s liberation. I emphasize the philosophical commitment to autonomy as a guiding normative principle. In the second section, I argue that women played a key role in pressuring the PAIGC to integrate them into its structure, i.e., they were active agents and not just passive subjects waiting for somebody to “liberate them.” In the third and concluding section, I describe the limits of the PAIGC’s commitment to women’s liberation, and I discuss why some members of the party’s leadership (e.g., Luis Cabral) disagreed with Amílcar Cabral regarding the importance of women’s liberation. This paper thus approaches the question of feminist anti-colonial imaginaries both from the perspective of the hopes which attended a partially feminist-inflected African liberation struggle, as well the betrayal of these hopes by men in leadership positions. Those leaders never took seriously the idea that the liberation of women was a necessary condition for the creation of a social environment which would allow for the full actualization of the capacities of men and women in Guinea-Bissau and Cape Verde. (shrink)

Decision-making capacity (DMC) plays an important role in clinical practice—determining, on the basis of a patient’s decisional abilities, whether they are entitled to make their own medical decisions or whether a surrogate must be secured to participate in decisions on their behalf. As a result, it’s critical that we get things right—that our conceptual framework be well-suited to the task of helping practitioners systematically sort through the relevant ethical considerations in a way that reliably and transparently delivers correct verdicts about (...) who should and should not have the authority to make their own medical decisions. Unfortunately, however, the standard approach to DMC does not get things right. It is of virtually no help in identifying and clarifying the relevant ethical considerations. And, embedded in the prevailing anti-paternalist paradigm, DMC assessments obfuscate and distort the underlying ethical justification for granting or withholding decisional authority. Here, we describe the core commitments of the standard approach to DMC and then highlight three problems with it. We then argue that these problems are significant enough that they call for more than merely tinkering and fine tuning—variations of the standard approach cannot adequately address them. Instead, we should ditch DMC. (shrink)

This monograph contrasts two prominent models of education, Competence-Based Education (CBE), more recent and currently dominant in most school systems around the world, and Bildung-Oriented Education (BOE), once the basis of the school systems of Northern Europe. CBE is assessment-oriented and interprets learning as the acquisition of clearly definable and allegedly measurable competences, and is supported by supranational organisations, such as the OECD, which approach education from the perspective of human capital theory. BOE is instead teaching-oriented and characterises learning holistically (...) as aimed at the progressive articulation of a meaningful ‘big picture’ in the student’s mind. Emerged in Northern Europe under the influence of the ideals of the Enlightenment and Neo-Humanism of individual and collective autonomy and responsibility, BOE was subsequently enriched with a hermeneutical approach to teaching and socio-political objectives of emancipation and solidarity originating within Critical Theory. The book first analyses CBE and argues that, in spite of its celebrated ‘scientificity’, it is internally incoherent and unreliable, contributes to structural forms of oppression and injustice, can foster social pathologies, and fails to provide students with the kind of intellectual autonomy they need as both human beings and citizens of our complex post-industrial societies. Then, it introduces BOE and articulates and defends an updated version of it from objections raised by critical theorists, poststructuralists and postcolonial thinkers. It argues that BOE is a coherent and flexible model of education that endows students with autonomy and responsibility, can reduce structural forms of oppression and injustice, and can heal social pathologies. (shrink)

I show how those with Kantian habits of mind—those committed to maintaining certain kinds of universality in ethics—can still get involved in the project of securing the distinctiveness of Christian ethics by highlighting parts of his moral philosophy that are amenable to this project. I first describe the interaction among James Gustafson, Stanley Hauerwas, and Samuel Wells surrounding the issue of the distinctiveness of Christian ethics, to explain why Kant is generally understood as the opponent of this project in this (...) discourse. Then I lay out his discussions of how his moral argument for postulating divine existence can have beneficial moral-psychological results, and of how we can find moral satisfaction, the sense of pleasure in our moral strivings, as two elements in his moral philosophy that can be turned into a distinctively Christian ethics with revisions that should be allowed within the broad confines of Kantian moral philosophy. I also point out that his own answer to the question of moral satisfaction is already distinctively Christian, in that it is inspired by the Christian tenets of the imputation of righteousness and the assurance of salvation. (shrink)

Is autonomy – governing yourself – compatible with letting yourself be governed by trust? This paper argues that autonomy is not only compatible with appropriate trust but actually requires it. Autonomy requires appropriate trust because it is undermined by inappropriate mistrust. An autonomous agent treats herself as answerable for her action-guiding commitments, where answerability requires openness to the rational influence of external, critical perspectives on those commitments. This openness to correction makes one vulnerable to manipulation and can be exploited in (...) ways that undermine autonomy instead of supporting it. We argue that autonomy is undermined by inappropriate trust, and that the inappropriateness lies in the agent’s failure to manifest appropriate responsiveness to evidence of untrustworthiness in the one trusted. The problem isn’t that autonomy requires dispensing with trust but that trust must itself be governed by appropriate responsiveness to evidence of untrustworthiness. Our view confronts two challenges. One challenge lies in explaining why you shouldn’t treat your vulnerability to manipulation as a general reason to let your trusting disposition lapse into an untrusting one. We argue that there is no such general reason to let your responsiveness to evidence of untrustworthiness be supplanted by a suspicious disposition to seek and require positive evidence of trustworthiness. A second, and deeper, challenge arises from the fact that in some especially sophisticated cases of manipulation there is no evidence of untrustworthiness to which you could respond. We argue that you cannot rationally cope with even this unresolvable risk of exploited trust by trusting only yourself. (shrink)

This chapter examines two ways in which liberal thinkers have appealed to claims about disagreement in order to defend a principle of free speech. One argument, from Mill, says that free speech is a necessary condition for healthy disagreement, and that healthy disagreement is conducive to human flourishing. The other argument says that in a community of people who disagree about questions of value, free speech is a necessary condition of legitimate democratic government. We argue that both of these arguments, (...) in their standard guises, are premised upon contestable views about the realpolitik of disagreement in a liberal society. (shrink)

Concerns about threats to human autonomy feature prominently in the field of AI ethics. One aspect of this concern relates to the use of AI systems for problematically manipulative influence. In response to this, the European Union’s draft AI Act (AIA) includes a prohibition on AI systems deploying subliminal techniques that alter people’s behavior in ways that are reasonably likely to cause harm (Article 5(1)(a)). Critics have argued that the term ‘subliminal techniques’ is too narrow to capture the target cases (...) of AI-based manipulation. We propose a definition of ‘subliminal techniques’ that (a) is grounded on a plausible interpretation of the legal text; (b) addresses all or most of the underlying ethical concerns motivating the prohibition; (c) is defensible from a scientific and philosophical perspective; and (d) does not over-reach in ways that impose excessive administrative and regulatory burdens. The definition is meant to provide guidance for design teams seeking to pursue responsible and ethically aligned AI innovation. (shrink)

This chapter offers a general outline of Schopenhauer’s peculiarly named concept of the 'acquired character’ and explains its basic function in his ethical thought. For Schopenhauer, a person of acquired character is someone who knows the ways of acting (Handlungsweise) that are most expressive of their individuality and who allows that self-knowledge to structure their practical and emotional life. In keeping with certain elements of his psychological determinism, acquired character is not the acquisition of a ‘new’ character; rather, it is (...) the acquisition of self-knowledge of one’s essentially fixed empirical character. It is part of the argument of this chapter that by introducing the acquired character into his reflections on human action and agency Schopenhauer weaves a certain view of individual flourishing (eudaimonia) into his ethics. There are two central ingredients of Schopenhauer’s conception of eudaimonia, and both are linked to the acquired character. The first is self-knowledge; the second is a sense of personal autonomy that follows in the wake of the first. The chapter ends with a brief attempt to connect Schopenhauer’s concept of acquired character to contemporary debates in ethics concerning autonomy, practical identity, and what some call the ‘normative significance of self’. (shrink)

Appiah’s latest book does something distinctive: it shows why we need to take another look at very familiar dimensions of identity, those dimensions of our personhood that encompass cultural loyalties, moral responsibilities towards others, and the ethical life. Indeed, Appiah’s book is a kind of answer to an ancient Socratic question, that is, what sort of person one aims to be. The Ethics of Identity is an apt title, for the arguments contained within make the case that who we are (...) is often defined by what we are, whether we are conscious of this fact or not. This insight, as venerably ancient as it is currently in vogue, is examined here with renewed vigour and nuance. (shrink)

An important question confronting feminist philosophers is why women are sometimes complicit in their own subordination. The dominant view holds that complicity is best understood in terms of adaptive preferences. This view assumes that agents will naturally gravitate away from subordination and towards flourishing as long as they do not have things imposed on them that disrupt this trajectory. However, there is reason to believe that ‘impositions’ do not explain all of the ways in which complicity can arise. This paper (...) defends a phenomenological account of complicity, which offers an alternative explanation. (shrink)

Like the ‘thoughts and prayers’ so commonly offered by politicians in the aftermath of disaster, it is incredibly common to hear ‘autonomy and dignity’ invoked together in response to some threat to human wellbeing. As such, it seems natural to assume they must bear some kind of relation to one another. But are they merely two core human interests, that happen to be vulnerable to the same kinds of threat? Or are they interrelated in a deeper way? What I aim (...) to do in this chapter is draw on the philosophical literature on both concepts to consider how they might be connected, and explore whether certain ways of connecting them are more fruitful than others. I argue that the two most prominent connections drawn in the philosophical literature – that dignity is grounded in autonomy, and that respect for dignity is synonymous with respect for autonomy – are both highly problematic. Instead, I suggest we see autonomy and dignity as mutually supportive. Doing so has both practical and theoretical benefits: it can help us identify threats to both autonomy and dignity; and it exposes theoretical lacunae, especially within the autonomy literature. (shrink)

What precisely does a distraction threaten? An agent who spends an inordinate amount of time attending to her smartphone – what precisely is she lacking? I argue that whereas agency of attention is the agent’s non-automatic decision-making on what she currently pays attention to, autonomy of attention is the agent, through her second-order desires, effectively interfering with her non-automatic decision-making on what she currently pays attention to. Freedom of attention is the agent’s possibility to hold or switch her focus of (...) attention without fixating on any specific focus against her will or without distraction from chosen foci. This conceptual work provides resources to track manipulations that diminish a person’s freedom of attention. (shrink)

Certain forms of practical deference seem to be incompatible with personal autonomy. I argue that such deference undermines autonomy not by compromising the governance of an authentic self, nor by constituting a failure to track objective reasons, but by constituting a particular social relation: one of interpersonal rule. I analyse this social relation and distinguish it from others, including ordinary relations of love and care. Finally, I argue that the particular form of interpersonal rule constituted by dispositions of practical deference (...) in itself entails a partial, though not total, disconnection from the good of a self-authored life. (shrink)

Advancements in machine learning have fuelled the popularity of using AI decision algorithms in procedures such as bail hearings, medical diagnoses and recruitment. Academic articles, policy texts, and popularizing books alike warn that such algorithms tend to be opaque: they do not provide explanations for their outcomes. Building on a causal account of transparency and opacity as well as recent work on the value of causal explanation, I formulate a moral concern for opaque algorithms that is yet to receive a (...) systematic treatment in the literature: when such algorithms are used in life-changing decisions, they can obstruct us from effectively shaping our lives according to our goals and preferences, thus undermining our autonomy. I argue that this concern deserves closer attention as it furnishes the call for transparency in algorithmic decision-making with both new tools and new challenges. (shrink)

This paper provides an introduction to the relevant debates revolving the three topics the connections between which are the being discussed in this volume--justice, autonomy, and love--outlining various conceptions and related questions. It also contains an overview of the contributions to the three sections of the volume: I) Justice Within Relationships of Love, II) Loving Partiality and Moral Impartiality, and III) The Political Dimension of Love and Justice.

What are we to make of the cultural nonconformity of hardcore/punks? Is there any ethical value in the pursuit of cultural nonconformity? Distinct moral justifications can be teased from the lyrics of the hardcore/punk bands that we have grown up with and still love. The best explanation of what makes cultural nonconformity morally valuable, we believe, comes from John Stuart Mill: that it opens up new cultural space to oneself and to others, permitting "new and original experiments of living.".

In *Against Political Equality: The Confucian Case*, BAI Tongdong says that his main target is democracy, but he focuses much of his critiques on liberalism, rejecting its foundational value of autonomy in favor of Confucian grounds for governance. Given the extent of his concurrence with liberalism, however, it would be more consistent with Bai’s stated aim (of tempering the democratic part and shoring up the liberal side of liberal democracy) to make common cause with liberalism against populism. Mencian compassion and (...) humaneness have much to add to liberal conversation about virtue, and a Mencian-liberal theory of governance, instead, could yield the Confucian ideal of ‘harmony without uniformity,’. (shrink)

Social robots are robots that can interact socially with humans. As social robots and the artificial intelligence that powers them becomes more advanced, they will likely take on more social and work roles. This has many important ethical implications. In this paper, we focus on one of the most central of these, the impacts that social robots can have on human autonomy. We argue that, due to their physical presence and social capacities, there is a strong potential for social robots (...) to enhance human autonomy as well as several ways they can inhibit and disrespect it. We argue that social robots could improve human autonomy by helping us to achieve more valuable ends, make more authentic choices, and improve our autonomy competencies. We also argue that social robots have the potential to harm human autonomy by instead leading us to achieve fewer valuable ends ourselves, make less authentic choices, decrease our autonomy competencies, make our autonomy more vulnerable, and disrespect our autonomy. Whether the impacts of social robots on human autonomy are positive or negative overall will depend on the design, regulation, and use we make of social robots in the future. (shrink)

There have been many different historical-intellectual accounts of the shaping and development of concepts of liberty in pre-Enlightenment Europe. This volume is unique for addressing the subject of liberty principally as it is discussed in the writings of women philosophers, and as it is theorized with respect to women and their lives, during this period. The volume covers ethical, political, metaphysical, and religious notions of liberty, with some chapters discussing women's ideas about the metaphysics of free will, and others examining (...) the topic of women's freedom in their moral and personal lives as well as in the public socio-political domain. In some cases, these topics are situated in relation to the emergence of the concept of autonomy in the late eighteenth century, and in others, with respect to recent feminist theorizing about relational autonomy and internalized oppression. Many of the chapters draw upon a wide range of genres, including polemical texts, poetry, plays, and other forms of fiction, as well as standard philosophical treatises. Taken as a whole, this volume shows how crucial it is to recover the too-long forgotten views of female and women-friendly male philosophers of the seventeenth and eighteenth centuries. In the process of recovering these voices, our understanding of philosophy in the early modern period is not only expanded, but also significantly enhanced, toward a more accurate and gender-inclusive history of our discipline. (shrink)

The use of evolutionary game theory to explain the evolution of human norms and the behavior of humans who act according to those norms is widespread. Both the aims and motivation for its use are clearly articulated by Harms and Skyrms (2008) in the following passage: "A good theory of evolution of norms might start by explaining the evolution of altruism in Prisoner’s Dilemma, of Stag Hunting, and of the equal split in the symmetric bargaining game. These are not well-explained (...) by classical game theory based on rational choice. From a technical point of view, they present different theoretical challenges. In the bargaining game, there are an infinite number of equilibria with no principled (rational choice) way to select the cooperative one. In Stag Hunt there are only two, but the non-cooperative one is selected by risk-dominance. In Prisoner’s Dilemma the state of mutual cooperation is not a Nash equilibrium at all, and cooperation flies in the face of the rational-choice principle that one does not choose less rather than more. In contrast to rational choice theory, the most common tool of evolutionary game theory is the replicator dynamics, in which the propagation rate of each strategy is determined by its current payoffs. These dynamics have a rationale in both biological and cultural evolutionary modeling, and sometimes tell us things that rational choice theory does not." We agree with the first sentence in this quotation: a good theory about the behavior under norms ought to explain altruism in the Prisoner’s Dilemma (PD), playing Stag in Stag Hunt (SH), and offering equal splits in the symmetric Nash bargaining game (NB). We also agree with Harms and Skyrms about the difference in technical challenges each of these games poses. Finding a single mechanism, even one as broadly understood as evolution, that could solve these challenges en masse is no doubt a tall order. Nonetheless, in this paper, we present a single, simple, modification to SH, NB, and a general n-player PD that does just that: we introduce deontological autonomy into the models. (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)

According to Darwall’s Second-Personal Account, moral obligations constitutively involve relations of authority and accountability between persons. Darwall takes this account to lend support to Kant’s moral theory. Critics object that the Second-Personal Account abandons central tenets of Kant’s system. I respond to these critics’ three main challenges by showing that they rest on misunderstandings of the Second-Personal Account. Properly understood, this account is not only congenial to Kant’s moral theory, but also illuminates aspects of that theory which have hitherto received (...) scant attention. In particular, it motivates a fresh perspective on the relationship between respect, persons, and the law. (shrink)

Die Covid-19-Pandemie und der Umgang mit ihr sind eine immense Herausforderung, nicht zuletzt für das philosophische Denken. Unter dem Brennglas der Coronakrise stellen sich viele Fragen schärfer und dringlicher als zuvor: etwa über die Berechtigung von Freiheitseinschränkungen, Vertrauen als politische Kategorie, die Schutzpflichten des Staates, Freiwilligkeit und Zwang, den gerechten Umgang mit Versorgungsengpässen in der Medizin oder über verantwortungsvolle Krisenkommunikation. Die Gesellschaft für Analytische Philosophie (GAP) hat einen Essay-Wettbewerb ausgerufen: »Nachdenken über Corona«. Dieser Band versammelt die Texte der drei Preisträger (...) und die besten Essays aus mehr als 100 Einsendungen. (shrink)

There seems to be a deep tension between two aspects of aesthetic appreciation. On the one hand, we care about getting things right. On the other hand, we demand autonomy. We want appreciators to arrive at their aesthetic judgments through their own cognitive efforts, rather than deferring to experts. These two demands seem to be in tension; after all, if we want to get the right judgments, we should defer to the judgments of experts. The best explanation, I suggest, is (...) that aesthetic appreciation is something like a game. When we play a game, we try to win. But often, winning isn’t the point; playing is. Aesthetic appreciation involves the same flipped motivational structure: we aim at the goal of correctness, but having correct judgments isn’t the point. The point is the engaged process of interpreting, investigating, and exploring the aesthetic object. Deferring to aesthetic testimony, then, makes the same mistake as looking up the answer to a puzzle, rather than solving it for oneself. The shortcut defeats the whole point. This suggests a new account of aesthetic value: the engagement account. The primary value of the activity of aesthetic appreciation lies in the process of trying to generate correct judgments, and not in having correct judgments. -/- *There is an audio version available: look for the Soundcloud link, below.*. (shrink)

According to the High Court in England and Wales, the primary purpose of legal interventions into the lives of vulnerable adults with mental capacity should be to allow the individuals concerned to regain their autonomy of decision making. However, recent cases of clinical decision making involving capacitous vulnerable adults have shown that, when it comes to medical law, medical ethics and clinical practice, vulnerability is typically conceived as opposed to autonomy. The first aim of this paper is to detail the (...) problems that arise when the courts and health care practitioners respond to the vulnerability of capacitous adults on the basis of such an opposition. It will be shown that not only does the common law approach to vulnerability fail to adequately capture the autonomy of capacitous vulnerable adults, the conception of vulnerability and autonomy in oppositional terms leads to objectionably paternalistic health care responses that undermine the autonomy of vulnerable patients as well as clinical and legal interventions that violate their autonomy. In response, the second aim of this paper is to show that the concepts of autonomy and vulnerability are necessarily entwined and, on that basis, the focus should be on promoting the autonomy of capacitous vulnerable adults where possible. In order to make this case, the paper explains the limitations of standard approaches to the autonomy of vulnerable adults and, in their place, offers a conception of legitimate, self-authorised autonomy that is fundamentally dependent on intersubjective practices of recognition. (shrink)

A mais de um século que o fenômeno da automatização dos meios de trabalho vem criando grande apreensão entre nós. Afinal, seríamos todos substituídos por máquinas em algum futuro próximo? Seriam todas as formas de trabalho automatizáveis? Tais questionamentos vêm levantando uma série de críticas pela comunidade engajada em ética de máquina e ética da inteligência artificial. Contudo, gostaria de nesta breve resenha, atacar este problema por outro ângulo, afinal, podemos criticar tal fenômeno de uma ampla variedade de pontos de (...) vista. Gostaria de convidar o leitor a avaliar pela seguinte perspectiva: e se a automação dos meios de trabalho for algo benéfico? E se a emancipação humana realmente venha através de nosso desenvolvimento tecnológico? Se a resposta for sim, por quê quê ainda trabalhamos tanto? Acredito que se os processos de automação forem aplicados a pontos chave de nossa estrutura social, podemos vir a emancipar o indivíduo de uma realidade onde realmente trabalhamos por motivo nenhum, inutilmente. Se abandonarmos a cultura do consumismo, a cultura que atrela o trabalho e o consumo a moralidade, uma alternativa mais próspera seria adotarmos a cultura que abraça o valor da autonomia e liberdade do indivíduo humano. (shrink)

Beauvoir discusses various kinds of personal love in her work, including maternal love, lesbian love, friendship, and heterosexual love. In her portrayal of heterosexual love, she draws a distinction between two main types, inauthentic and authentic. Authentic love is “founded on mutual recognition of two liberties,” always freely chosen and sustained. It requires that the lovers maintain their individuality, while at the same time acknowledging each other’s differences. Inauthentic love is founded on inequality between the sexes, on submission and domination. (...) It prevents both women and men from experiencing freedom, comradeship and the joy of loving. This distinction is, I argue, applicable also to other types of love. Unlike Sartre, Beauvoir believes authentic love is possible. I contrast their respective views. Towards the end, I consider Beauvoir’s idea of authentic love in light of her concept of moral freedom, and argue that Beauvoir’s authentic love foreshadows feminist notion of “relational autonomy.”. (shrink)

The concept of human dignity has been criticized as either too thick or too thin. However, according to the non-positivistic standpoint, the legal normativity of human dignity can be justified and thus strengthened by means of its moral correctness. From the individual perspective, Mencius’ understanding of human dignity as an intrinsic value and Kant’s formula of ‘man as an end in itself’ can be adequately understood based on the differentiation of, as well as the connection between, principium diiudicationis and principium (...) executionis, between will and choice, and between homo phaenomenon and homo noumenon (that is, ‘humanity in the personality’). From the social perspective, since the dual dimensions of the individual and the social person are both fictive constructions, even Radbruch, once as a supporter of social law, has not replaced the concept of ‘legal person’ and, in the post-War period, acknowledges individualistic human dignity as the criterion for applying the famous ‘disavowal formula’. On the one hand, human dignity shows at least a weak normative character, which requires, firstly, balancing between the exercise of state powers and the constitutional review under the guidance of the dual dimensions of man and, secondly, optimization of the principle of human dignity in individual cases. On the other hand, through the necessary connection between the concept of dignity and that of personality, human dignity can exhibit a strong normative character, which unavoidably requires a metaphysical justification. (shrink)

Celem niniejszej pracy jest zastosowanie wizji „Lewiatana” Thomasa Hobbesa do koncepcji superinteligencji lub nadludzkiej inteligencji, które dyskutowane jest wśród transhumanistów i poruszone jest przez takich filozofów i futurologów jak między innymi Nick Bostrom, Stanisław Lem, albo Ray Kurzweil. Inspiracją mojej pracy były pytania w rodzaju: „kiedy człowiek przestaje być autonomicznym podmiotem?” albo „czy człowiek w ogóle może być samodzielny?”. Niemniej jednak wydaje mi się, że takie pytania mogą się pojawić wtedy, kiedy człowieka rozpoznamy jako zwierzę polityczne (politikon zoon w sensie (...) Arystotelesowskim). Albowiem trudno wyobrażać sobie wyłonienie pojęcia polityki wobec człowieka samotnego, to znaczy w izolacji od innych ludzi i bez odniesienia się lub ustosunkowania się do nich. Będę argumentował z perspektywy historyka ewolucyjnego. Za badaczy posiadających wkład do takiego stanowiska można uznać Karola Darwina, Samuela Butlera, George’a Dysona i szczególnie Yuvala Noaha Harariego. Opieram się głównie na pracach dwóch ostatnich. (shrink)

In the accepted view, the basic disposition of believers is one of absolute obedience, humility, and lack of critique, doubt, or, indeed, defiance of God. Only through such a disposition do believers convey their absolute faith and establish the appropriate hierarchy between God and humans. This article challenges this view and argues that, in mainstream rabbinic tradition, the believer is not required to renounce his or her moral autonomy and certainly not his or her understanding of God and the world. (...) Indeed, faith rests on such understanding; moreover, human autonomy is the mechanism through which humans convey God’s goodness and perfection. Their questions and criticism are part of a persistent effort to close the evident gap between their assumptions about God’s goodness and the flawed imperfect reality. The analysis focuses on rabbinic tradition but its implications go beyond it, presenting a model of a life of faith that compels subjects, as believers, to preserve their constitutive foundations as rational autonomous creatures. (shrink)

This article argues that Amílcar Cabral adhered to some of the essential elements of the philosophical discourse of modernity. This commitment led Cabral to endorse an anti-essentialist, historicized conception of culture, and this in turn led him to conceive of cultural liberation in terms of cultural autonomy as opposed to the preservation of indigenous culture(s). Cabral’s attitude towards languages is employed as a case study in order to demonstrate how emphasis on Cabral’s commitment to the philosophical discourse of modernity can (...) help explain why he could denounce ‘colonialist culture’, while also defending the PAIGC’s (Partido Africano para a Independência da Guiné e Cabo Verde / African Party for the Independence of Guinea and Cape Verde) use of Portuguese as an official language. This essay argues that Cabral makes a significant distinction between foreign influences and foreign domination in the realm of culture. Cabral conceived of the anti-colonial struggle in the realm of culture as a struggle against the latter rather than the former. (shrink)

Interjú az Új Symposion örökségéről, Jugoszláviáról, a vajdasági magyarság baloldali radikális hagyományáról, az avantgárdról stb.

The child’s right to an open future aims at protecting the autonomy of the mature person into which a child will normally develop. The justification of state interventions into parental decisions which unduly restrict the options of the prospective adult has to address the problem that the value of autonomy is highly contested in modern pluralist societies. The article argues that the modern majority culture provides young adults with many more options than traditionalist religious communities. However, the options that can (...) be chosen in faith groups, such as the Amish, do not constitute a subset of the options available in the wider society. Therefore, state policies which pursue the goal of providing every child with the greatest possible set of options cannot be based on a neutralist version of political liberalism. The advocates of a child’s right to an open future must rely on a perfectionist version of liberalism which draws on the ideal of leading an autonomous life. Since liberal perfectionism has problematic implications, the article defends a neutralist position that largely refrains from state interference with the educational authority of fundamentalist religious communities. (shrink)

A review of Enda Brophy's study of call centre work in global capitalism. Language put to work. Published in 2018.

Rawls acknowledges the analogy between his conception of the moral personality and the thought of Kant. However, many philosophers have discussed that similarity. This article aims to evaluate the Kantian foundation of Rawlsian liberty. Specifically, it assesses the idea of personal autonomy. The conclusion is that certain interpretation of Kant, which incorporates both his thinkings on the moral law and on happiness as an intrinsic purpose of the human being, allows the acknowledgement of the aforementioned analogy, and thus enables a (...) better understanding of the Rawlsian idea of freedom. (shrink)