In this paper, I defend what I call the ‘Inference Principle’. This principle holds that if an agent obtains some information legitimately, then the agent can make any inference she wants based on the information, without violating anyone’s right to privacy. This principle is interesting for at least three reasons. First, it constitutes a novel answer to the timely question of whether the widespread use of ‘data analytics’ to infer personal information about individuals is morally permissible. Second, it contradicts what (...) seems to be a common view of inferences’ ability to violate privacy rights. Third, it offers an account of the theoretically underdeveloped issue of what duties are engendered by the moral right to privacy with regard to inferred information. (shrink)

Do privacy rights restrict what is permissible to infer about others based on statistical evidence? This paper replies affirmatively by defending the following symmetry: there is not necessarily a morally relevant difference between directly appropriating people’s private information—say, by using an X-ray device on their private safes—and using predictive technologies to infer the same content, at least in cases where the evidence has a roughly similar probative value. This conclusion is of theoretical interest because a comprehensive justification of the thought (...) that statistical inferences can violate privacy rights is lacking in the current literature. Secondly, the conclusion is of practical interest due to the need for moral assessment of emerging predictive algorithms. (shrink)

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)

A normative power is a power to alter rights and duties directly. This paper explores what it means to alter rights and duties directly. In the light of that, it examines the kind of argument that might support the existence of normative powers. Both simple and complex instrumentalist accounts of such powers are rejected, as is an approach to normative powers that is based on the existence of normative interests. An alternative is sketched, where normative powers arise based on the (...) appropriateness of a person responding to a decision by limiting their freedom. (shrink)

Philosophy &Public Affairs, Volume 52, Issue 1, Page 69-100, Winter 2024.

This article offers a functionalist account of trust. It argues that a particular form of trust—Communicated Interpersonal Trust—is paradigmatic and lays out how trust as a social practice in this form helps to satisfy fundamental practical, deliberative, and relational human needs in mutually reinforcing ways. We then argue that derivative (non-paradigmatic) forms of trust connect to the paradigm by generating a positive dynamic between trustor and trustee that is geared towards the realization of these functions. We call this trust’s proleptic (...) potential. Our functionalist approach does not only provide important insights into the practice of trust and its place in the broader web of social life, but also illuminates existing philosophical debates. First, pointing out how opposing theoretical accounts of trust each capitalise on only one of its functions, our paradigm-based approach reveals why they each contain a kernel of truth but are also deficient: the optimal realization of each function is tied to the existence of the other functions as well. Second, we show how a functionalist re-orientation can illuminate two recent disputes regarding (i) the question whether trust is explanatorily two- or three-place and (ii) whether (and to what extent) we can decide to trust others. (shrink)

BDSM is no longer treated as a manifestation of the darkest twists of the human soul but rather as a sexual activity like many others. Moreover, the philosophy of sex and much of popular culture has come to embrace BDSM for its models of consent, exploration, and freedom. Yet celebrating BDSM without deeper reflection can obscure some serious moral issues. In this chapter, I present an overview of the moral issues raised by BDSM, and I argue that it is reductive (...) to see BDSM as a simple or straightforward model for how to practice egalitarian sex. Yet, BDSM communities grapple with issues of consent, autonomy, and power in important ways, which can help us think through broader issues in sexual ethics. Either way, BDSM must be understood in its full complexity. (shrink)

What makes discrimination morally bad? In this paper, we discuss the putative badness of a case of consensual discrimination to show that prominent accounts of the badness of discrimination—appealing, inter alia, to harm, disrespect and inequality—fail to provide a satisfactory answer to this question. In view of this, we present a more promising account.

Arguments for what consent is often appeal to its functions. For instance, some argue that because consent functions to express the consent-giver’s autonomous control over her normative boundaries, consent must consist in a mental state. In this paper, I argue that consent has an often-overlooked function and that its having this function has consequences for our views of what consent is. I argue that consent has a relationship-shaping function: acts of consent can alter and enable personal relationships. This function grounds (...) an argument for the following claim: some acts of consent cannot be morally transformative unless there is uptake, or acceptance, or cooperation, on the recipient’s part. At least some acts of consent need to be “cosigned” by both parties. This rules out what I call “unilateral” conceptions of consent, according to which consent can always be given by the giver alone and nobody else needs to enter the picture. (shrink)

Philosophy and Phenomenological Research, Volume 103, Issue 2, Page 441-461, September 2021.

Mainz and Uhrenfeldt have recently claimed that a violation of the right to privacy can be defined successfully under reliance on the notion of ‘Negative Control’. In this reply, I show that ‘Negative Control’ is unrelated to privacy right violations. It follows that control theorists have yet to put forth a successful normative account of privacy.

Often, when we share information about ourselves, we contribute to people learning personal things about others. This may happen because what we share about ourselves can be used to infer personal information about others. Such dependencies have become known as privacy dependencies in the literature. It is sometimes claimed that the scope of the right to privacy should be expanded in light of such dependencies. For example, some have argued that inferring information about others can violate their right to privacy. (...) Others have argued that sharing personal information about yourself that license such inferences can by itself violate the right to privacy. In this paper, we argue that the latter view should be rejected. (shrink)

Philosophical work on the concept of consent in the past few decades has got to grips with it as a rich notion. We are increasingly sensitive to consent not as a momentary, atomic, transactional thing, but as a complex idea admitting of various qualities and dimensions. In this paper we note that the recognition of this complexity demands a theoretical framework quite different to those presently extant, and we suggest that the enactive approach is one which offers significant value in (...) this regard. In consonance with arguments made by Laurie Penny about how consent is a continuous and dynamic process, we outline how an enactive approach identifies consent as temporally extended (rather than momentarily transactional), and as affected by the skilfulness of the agents involved, the fitness of community provided resources to negotiate the consensual relationship over time, and the unfolding of circumstances in the situation in which the joint action is taking place. We argue that the value of an enactive perspective on consent is in highlighting these complexities, and providing resources to articulate and theorise them in ways that are not open to other current approaches. (shrink)

Greater public awareness of the occurrence of sexual assault has led to the creation of mobile phone apps designed to facilitate consent between sexual partners. These apps exhibit serious practical shortcomings in realistic contexts; however, in this paper I consider the hypothetical case in which these practical shortcomings are absent. The prospect of this viable consent app creates an interesting challenge for consequentialism – one that is comparable to the objection that the theory justifies killing innocent persons to prevent large (...) numbers of less serious harms like experiencing brief, painful headaches. I outline and reject the most straightforward way for consequentialists to address this challenge, and I argue that the empirical calculations at stake reveal something rarely appreciated: consequentialists ought to sometimes favour reinforcing deontological constraints in common-sense morality rather than seeking to undermine them. (shrink)

Some say that consent is essentially just a state of mind. Others say it is essentially just a communication. Many say it is both. I say it is neither. Instead it is an act, or rather a pair of acts—an internal mental act in the first instance, an external performative act in the second. Each of those acts is an act of commitment, intrapersonally in the first case and interpersonally in the second. The content of the commitment is, familiarly enough, (...) to give permission to someone else to do something that it would be wrong for them to do without your permission. The novelty lies in seeing consent as an act of commitment in those two dimensions and in seeing those as commitments that persist until and unless undone by an act of a similar sort. (shrink)

A longstanding debate regarding the nature of consent has marked a tri-fold division among philosophical and legal theorists according to whether they take consent to be a type of mental state, a form of behaviour, or some hybrid of the two. Theorists on all sides acknowledge that ordinary language cannot serve as a guide to resolving this ontological question, given the polysemy of the word “consent” in ordinary language. Similar observations have been noted about the function of consent in the (...) law and use of the word “consent” in legal contexts. This paper makes a parallel argument regarding consent’s characteristic normative role: roughly, to transform moral prohibitions into permissions. This role is neither unique nor essential to any one particular kind of thing, be it a mental state, form of behaviour, or hybrid of the two—rather, it is played by mental states and behaviour in independent and context-sensitive ways. The upshot is that insofar as we are interested in its normative implications, we ought to adopt a pluralistic approach to consent which gives independent weight to the moral contributions of facts about mental states and facts about behaviour relative to a context. (shrink)