1. It is commonly held that paternalism (invariably) involves ‘an assumption of superiority’, wherein the paternalizing agent assumes that – on top of any advan.

This paper explores the extent to which behavioral public policies can be both efficient and democratic by reflecting on the conditions under which individuals could rationally consent to them. Consent refers to a moral requirement that a behavioral public policy should respect what I call a person’s value autonomy and conception of the good. Behavioral public policies can take many forms. Based on a social choice framework, I argue that fully paternalistic and prudential behavioral public policies are unlikely to trigger (...) a hypothetical form of rational consent. Non-fully paternalistic behavioral public policies with partially non-prudential motivations are less problematic in this perspective. In any case, a public deliberative stage preceding the implementation of policies seems to be the best democratic way to justify them. (shrink)

Spontaneous freedom, the freedom of unplanned and unscripted activity enjoyed by “free spirits,” is central to everyday talk about “freedom.” Yet the freedom of spontaneity is absent from contemporary moral philosophers’ theories of freedom. This article begins to remedy the philosophical neglect of spontaneous freedom. I offer an account of the nature of spontaneous freedom and make a case for its value. I go on to show how an understanding of spontaneous freedom clarifies the free will debate by helping to (...) make sense of the libertarian claim that compatibilist varieties of freedom do not allow for genuine novelty and creativity. (shrink)

Order ethicists favour incentives as a means for making moral progress but largely ignore an alternative method, namely, nudging, which has come to prominence through the work of behavioural scientists in recent years. In this paper, we suggest that this is a mistake. Order ethicists have no reason to ignore nudging as an alternative method. Arguments they might press against it include worries about paternalism, manipulation, autonomy, and unintended bad consequences. These are, we argue, largely unfounded insofar as they involve (...) misconceptions or affect incentives as well. In particular, we contend that only some, but not all, nudges are paternalistic, manipulative, and autonomy-reducing. The same is true of incentives. Also, both nudges and incentives can have unintended bad consequences. Therefore, order ethicists cannot endorse arguments against nudges without undermining their favourable view of incentives. In addition, there might be positive reasons to prefer nudges to incentives, for instance, when they are more freedom-preserving, more effective, cheaper, easier to implement, or less inequality-inducing than the latter. (shrink)

This article defends the Harm Principle, commonly attributed to John Stuart Mill, against recent criticism. Some philosophers think that this principle should be rejected, because of severe difficulties with finding an account of harm to plug into it. I examine the criticism and find it unforceful. Finally, I identify a faulty assumption behind this type of criticism, namely that the Harm Principle is plausible only if there is a full-blown, and problem-free, account of harm, which proponents of the principle can (...) refer to. (shrink)

Philosophy Compass, Volume 17, Issue 6, June 2022.

Most studies on the ethics of privacy focus on what others ought to do to accommodate our interest in privacy. I focus on a related but distinct question that has attracted less attention in the literature: When, if ever, does morality require us to safeguard our own privacy? While we often have prudential reasons for safeguarding our privacy, we are also, at least sometimes, morally required to do so. I argue that we, sometimes, ought to safeguard our privacy for the (...) sake of the possible wrongdoer, in order to prevent the possible wrongdoer from committing a morally defiling act that renders them worse off. I illustrate the variety of cases in which this duty binds us and contrast my view to some other claims in the literature which also purport to show that we sometimes have a duty to safeguard our own privacy. (shrink)

Un nouveau type de paternalisme s’est développé ces dix dernières années sous l’impulsion de travaux innovateurs de certains économistes comportementaux. Ce nouveau type de paternalisme, que j’appelle ici paternalisme comportemental, s’est popularisé grâce à la théorie du « coup de pouce » de Richard Thaler et Cass Sunstein et remet en question l’idée selon laquelle le paternalisme serait inacceptable dans nos sociétés. L’objet de cet article est d’évaluer sa légitimité morale sans, néanmoins, se limiter à son supposé libertarianisme. Les résultats (...) de mon investigation peuvent se résumer ainsi : bien que le paternalisme comportemental soit généralement reconnu pour son caractère libéral, il ne satisfait pas en fait les conditions de ce que Joel Feinberg nomme le « paternalisme mou ». Néanmoins, il possède des qualités morales sous-estimées par ses partisans. Il résiste d’abord très bien à la critique égalitariste d’Elizabeth Anderson. A la différence des formes traditionnelles de paternalisme, le paternalisme comportemental n’est pas dégradant et n’est pas ostracisant. Le paternalisme comportemental, enfin, peut se targuer d’être véritablement altruiste, à la condition, cependant, d’abandonner les hypothèses principales de Sunstein et Thaler. Classification JEL : A12, D64, I18, I31, K32. (shrink)

The impediment of individuals affected by mental illness at risk of suicide is well justified. But the impediment to rational suicide is complicated by the conflict between defending life and defending autonomy, as illustrated by the various philosophical approaches to the ethical dimension of suicide. In this article we argue that, insofar as punctual in nature and limited in scope, paternalistic intervention of the autonomous individual is also justified. To do so, we will use the distinction between shallow and deep (...) autonomy, as well as complicating factors from recent medical literature: the question of ambivalence and the cry for help model. We will also pay special attention to the ethical implications of new strategies for risk detection that use artificial intelligence applied to social network databases like Facebook. Although preliminary evidence suggests these are effective tools, their lack of transparency, regulation and consent puts civil liberties and rights at risk. (shrink)

Philosophy Compass, Volume 17, Issue 2, February 2022.

The foundations of research ethics are riven with fault lines emanating from a fear that if research is too closely connected to weighty social purposes an imperative to advance the common good through research will justify abrogating the rights and welfare of study participants. The result is an impoverished conception of the nature of research, an incomplete focus on actors who bear important moral responsibilities, and a system of ethics and oversight highly attuned to the dangers of research but largely (...) silent about threats of ineffective, inefficient, and inequitable medical practices and health systems. -/- In For the Common Good: Philosophical Foundations of Research Ethics, Alex John London defends a conception of the common good that grounds a moral imperative with two requirements. The first is to promote research that generates the information necessary to enable key social institutions to effectively, efficiently, and equitably safeguard the basic interests of individuals. The second is to ensure that research is organized as a voluntary scheme of social cooperation that respects its various contributors' moral claims to be treated as free and equal. Connecting research to the goals of a just social order grounds a framework for assessing and managing research risk that reconciles these requirements and justifies key oversight practices in non-paternalistic terms. Reconceiving research ethics as resolving coordination problems and providing credible assurance that these requirements are being met expands the issues and actors that fall within the purview of the field and provides the foundation for a more unified and coherent approach to domestic and international research. -/- This is an open access title available under the terms of a CC BY-NC-ND 4.0 license. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. (shrink)

In his latest book, Criminalizing Sex (2020), Stuart P. Green, professor of philosophy of law at Rutgers, develops a unified liberal theory of the criminalization of sexual offenses. The exercise he undertakes is not an easy. Nevertheless, through the use of accessible language, rigorous reasoning and sometimes amusing examples, Green succeeds in offering both a state of the art of knowledge on the subject and in elaborating a legal system that allows for the advancement of thinking in the area of (...) sexual offenses according to the liberal ethics of harms and wrongs. The author starts from the observation that in recent years, criminal legislation on sexual offenses has undergone profound transformations: it has generally become more repressive with regard to non-consensual relationships (rape, sexual assault, etc.) but also more flexible with regard to mutually consensual relationships (homosexuality, adultery, etc.). This apparent double movement invites him to explore conceptual and normative implications of these divergent tendencies, starting from the premise that an ideal liberal criminal justice system should only punish situations where a perpetrator would impose a non-consensual sexual relationship on another. Such a vision of law, which emphasizes individual autonomy while preventing harm to others, follows in the footsteps of those promoted by John Stuart Mill (On Liberty), Herbert L.A. Hart (The Morality of the Criminal Law), and Joel Feinberg (The Moral Limits of the Criminal Law, 4 vols.). (shrink)

Epistemic paternalism is the practice of interfering in the process of inquiry of another,without prior consultation and for the sake of her epistemic good. We will examine two main types of epistemic paternalism: eudaimonic and strict. In the case of eudaimonic epistemic paternalism, epistemic improvement is used only as a means to achieve non-epistemic benefits. In the case of strict epistemic paternalism, epistemic improvement is valued as a good in itself. The main objection against each type of epistemic paternalism is (...) that this practice leads to a violation of personal autonomy. We will defend a more moderate form of strict epistemic paternalism which is motivated by both epistemic and non-epistemic benefits. At the same time, this moderate form leads to the development of specific epistemic virtues, which results in an increase rather than a violation of personal autonomy. We will show that the question of the justification of epistemic paternalism is especially relevant in crises, such as the current pandemic caused by the covid-19 virus. (shrink)

This article defends the Harm Principle, commonly attributed to John Stuart Mill, against recent criticism. Some philosophers think that this principle should be rejected, because of severe difficulties with finding an account of harm to plug into it. I examine the criticism and find it unforceful. Finally, I identify a faulty assumption behind this type of criticism, namely that the Harm Principle is plausible only if there is a full-blown, and problem-free, account of harm, which proponents of the principle can (...) refer to. (shrink)

While nudging has garnered plenty of interdisciplinary attention, the ethics of applying it to climate policy has been little discussed. However, not all ethical considerations surrounding nudging are straightforward to apply to climate nudges. In this article, we overview the state of the debate on the ethics of nudging and highlight themes that are either specific to or particularly important for climate nudges. These include: the justification of nudges that are not self-regarding; how to account for climate change denialists; transparency; (...) knowing the right or best behaviours; justice concerns; and whether the efficacy of nudges is sufficient for nudges to be justified as a response to the climate crisis. We conclude that climate nudges raise distinct ethical questions that ought to be considered in developing climate nudges. (shrink)

Upāya-kauśalya has been examined as a hermeneutical device, a Mahāyānic innovation, and a philosophy of practice. Although the paternalism of upāya-kauśalya employed in the Lotus Sūtra has been analyzed, there is little attention paid to bringing these ethical implications into a practical context. There is a tension between the motivation, even obligation, to help, and the potential dangers of projecting or imposing one’s conception of what is best for others or how best to help. I examine this issue through various (...) parables. I argue that ordinary people can use upāya-kauśalya and that the ethical implications of upāya-kauśalya involve closing two different gaps in knowledge. This has potential applications not just for individuals, but also for organizations like NPOs or NGOs that try to assist large communities. (shrink)

The books’ goal is to answer the question: Do the weaknesses of value-free economics imply the need for a paradigm shift? The author synthesizes criticisms from different perspectives (descriptive and methodological). Special attention is paid to choices over time, because in this area value-free economics has the most problems. In that context, the enriched concept of multiple self is proposed and investigated. However, it is not enough to present the criticisms towards value-free economics. For scientists, a bad paradigm is better (...) than no paradigm. Therefore, the author considers whether value-based economics with normative approaches such as economics of happiness, capability approach, libertarian paternalism, and the concept of multiple self can be the alternative paradigm for value-free economics. This book is essential reading to everyone interested in the current state of economics as a discipline. (shrink)

Can Artificial Intelligence be more effective than human instruction for the moral enhancement of people? The author argues that it only would be if the use of this technology were aimed at increasing the individual's capacity to reflectively decide for themselves, rather than at directly influencing behaviour. To support this, it is shown how a disregard for personal autonomy, in particular, invalidates the main proposals for applying new technologies, both biomedical and AI-based, to moral enhancement. As an alternative to these (...) proposals, this article proposes a virtual assistant that, through dialogue, neutrality and virtual reality technologies, can teach users to make better moral decisions on their own. The author concludes that, as long as certain precautions are taken in its design, such an assistant could do this better than a human instructor adopting the same educational methodology. (shrink)

According to some philosophers, if moral agency is understood in behaviourist terms, robots could become moral agents that are as good as or even better than humans. Given the behaviourist conception, it is natural to think that there is no interesting moral difference between robots and humans in terms of moral agency (call it the _equivalence thesis_). However, such moral differences exist: based on Strawson’s account of participant reactive attitude and Scanlon’s relational account of blame, I argue that a distinct (...) kind of reason available to humans—call it _human-relative reason_—is not available to robots. The difference in moral reason entails that sometimes an action is morally permissible for humans, but not for robots. Therefore, when developing moral robots, we cannot consider only what humans can or cannot do. I use examples of paternalism to illustrate my argument. (shrink)

In this paper, we propose a conceptual model to improve moral sensitivity in human resource development (HRD) to assist human resource (HR) practitioners in contending with moral challenges in HRD. The literature on the relationship between ethics and HRD suggests that the organizational and employee development discipline deals with ethical issues at three different levels: Individual, organizational and communal, and international levels. In section I, we elaborate on moral challenges facing HRD. In section II, we conceptualize moral sensitive HRD, proposing (...) a conceptual model in virtue of some essential ethical theories and concepts that assist HRD in grappling with those problems. We will show how each theory and concept can help HRD to deal with relevant problems. In section III, we elaborate on practical approaches to implement moral sensitivity in HRD. We put forward some strategies that help HRD bring those theories and concepts to bear on the ethical problems facing this discipline. Finally, we discuss moral education through learning theories to cultivate moral concepts and ethical dimensions in HRD education. (shrink)

To integrate social robots in real-life contexts, it is crucial that they are accepted by the users. Acceptance is not only related to the functionality of the robot but also strongly depends on how the user experiences the interaction. Established design principles from usability and user experience research can be applied to the realm of human–robot interaction, to design robot behavior for the comfort and well-being of the user. Focusing the design on these aspects alone, however, comes with certain ethical (...) challenges, especially regarding the user’s privacy and autonomy. Based on an example scenario of human–robot interaction in elder care, this paper discusses how established design principles can be used in social robotic design. It then juxtaposes these with ethical considerations such as privacy and user autonomy. Combining user experience and ethical perspectives, we propose adjustments to the original design principles and canvass our own design recommendations for a positive and ethically acceptable social human–robot interaction design. In doing so, we show that positive user experience and ethical design may be sometimes at odds, but can be reconciled in many cases, if designers are willing to adjust and amend time-tested design principles. (shrink)

The commonly occurring metaphors and models of the doctor–patient relationship can be divided into three clusters, depending on what distribution of power they represent: in the paternalist cluster, power resides with the physician; in the consumer model, power resides with the patient; in the partnership model, power is distributed equally between doctor and patient. Often, this tripartite division is accepted as an exhaustive typology of doctor–patient relationships. The main objective of this paper is to challenge this idea by introducing a (...) fourth possibility and distribution of power, namely, the distribution in which power resides with neither doctor nor patient. This equality in powerlessness—the hallmark of “the age of bureaucratic parsimony”—is the point of departure for a qualitatively new doctor–patient relationship, which is best described in terms ofsolidaritybetweencomrades. This paper specifies the characteristics of this specific type of solidarity and illustrates it with a case study of how Swedish doctors and patients interrelate in the sickness certification practice. (shrink)

Political realists’ rejection of the so-called ‘ethics first’ approach of political moralists, has raised concerns about their own source of normativity. Some realists have responded to such concerns by theorizing a distinctively political normativity. According to this view, politics is seen as an autonomous, independent domain with its own evaluative standards. Therefore, it is in this source, rather than in some moral values ‘outside’ of this domain, that normative justification should be sought when theorizing justice, democracy, political legitimacy, and the (...) like. For realists the question about a distinctively political normativity is important, because they take the fact that politics is a distinct affair to have severe consequences for both how to approach the subject matter as such and for which principles and values can be justified. Still, realists have had a hard time clarifying what this distinctively political normativity consists of and why, more precisely, it matters. The aim of this paper is to take some further steps in answering these questions. We argue that realists have the choice of committing themselves to one of two coherent notions of distinctively political normativity: one that is independent of moral values, where political normativity is taken to be a kind of instrumental normativity; another where the distinctness still retains a justificatory dependence on moral values. We argue that the former notion is unattractive since the costs of commitment will be too high, and that the latter notion is sound but redundant since no moralist would ever reject it. Furthermore, we end the paper by discussing what we see as the most fruitful way of approaching political and moral normativity in political theory. (shrink)

A common objection to paternalism concerns its expressive content. Many reject paternalistic policies and actions on the ground that they arguably involve insulting expressions of disrespect toward those subjected to them. The paper challenges this view. It argues that refraining from acting paternalistically can be disrespectful. Specifically, the paper argues that there is a relevant way in which A disregards the moral worth of B if A stands idly by when B is about to act very imprudently. If true, treating (...) others with equal respect and concern, as relational egalitarians and others rightly ask us to do, will somewhat surprisingly sometimes involve treating them paternalistically. (shrink)

Discourse on benefit provision has long been a point of contention within political rhetoric. Although research has demonstrated the damaging impact that welfare cuts have had on people with disabilities, there has been a focus on the material impact of the deprivation such cuts have caused. In the context of welfare, mental health has received little attention in the research literature, often contextualised within the wider remit of disability, with little regard for the nuances of distress. There is a need (...) to consider this in the context of discourse, exploring issues of subjectivity, identity, power relationships and economic concerns. The first empirical study discursively explored how newspapers represent and position mental illness in regard to claiming benefits, neoliberal practices and the capitalist political economy. In ’Shame, Tragedy and the Neoliberal Ideal’. the social and political function of shame as a response to neoliberalism was explored. ‘Class and Classlessness’ explored how discourses of shame were deployed in regard to class and their implications for identity, citizenship and selfhood. The second empirical study discursively explored how mental health service-users who claim benefits negotiate identities and construct accounts of accessing the benefits system. A discourse of malign surveillance in the benefits system was explored, considering issues of deviance and social control. A discourse of ‘Consumerism and Alienation: A Breakdown in Society’ was also explored, where participants positioned themselves as ‘distanced’ and ‘outside’ of ‘human’. The data from both empirical studies were analysed using an innovative discursive method that was developed to engage with the ideas of both Foucault and Marx. The legitimisation of taken-for-granted assumptions regarding those with mental health difficulties who claim benefits was interrogated in a critically geared manner, whilst opening up spaces for empowerment, resistance, and social change. The thesis produces new knowledge regarding the interdiscursive relationship between disability and distress in the context of the welfare system, whilst exploring the potential of innovative and nuanced discursive methods. (shrink)

Paternalistic behaviour directed towards a person’s informed and competent decisions is often thought to be morally impermissible. This view is supported by what we can call the Anti-Paternalism Principle. While APP might seem plausible when employed to show the wrongness of paternalism by the state, there are some cases of paternalistic behaviour between private, informed, and competent individuals where APP seems mistaken. This raises a difficulty for supporters of APP. Either they need to reject APP to accommodate our intuitions in (...) these cases, or provide grounds for thinking that paternalistic behaviour between certain private individuals is different in a morally relevant sense. In this paper, I explore several possible morally relevant differences, and find all of them unsatisfactory as grounds for maintaining the plausibility of APP. (shrink)

Most adult persons with anorexia satisfy the existing criteria widely used to assess decision-making capacity, meaning that incapacity typically cannot be used to justify coercive intervention. After rejecting two other approaches to justification, Professor Radden concludes that it is most likely not possible to justify coercive medical intervention for persons with anorexia in liberal terms, though she leaves it open whether some other framework might succeed. I shall assume here that the standard approach to assessing decisionmaking capacity is adequate.1 The (...) question then is whether we can justify—within a liberal framework—coercive intervention with the decision of a competent... (shrink)

Contemporary philosophical debates surrounding toleration have revolved around three issues: What is toleration? Should we tolerate and, if so, why? What should be tolerated? These questions are of central importance to social and political thought.

When new drugs are approved by the Food and Drug Administration, the default assumption is that they will be available by prescription only, safe for use exclusively under clinical supervision. The paternalism underlying this default must be interrogated in order to ensure appropriate respect for patient autonomy. Upon closer inspection, prescription requirements are justified when nonprescription status would risk harm to third parties and when a large segment of the population would struggle to exercise their autonomy in using a drug (...) safely and effectively on their own. Although these justifications can support prescription status for many drugs, we propose that reversing the FDA's current default to instead begin with a presumption in favor of over‐the‐counter status is the best way to avoid interference with valid claims of patient autonomy. Under this approach, a range of drug products could be considered for an OTC switch, including oral contraceptives, statins, and HIV‐prevention drugs. (shrink)

This article explores the media representation of Muslims using critical discourse analysis. It emphasises the discursive construction of governmental paternalism that forms the dominant ideological disposition of China Daily’s coverage. The results reveal how Chinese official English newspapers facilitate the government’s dissemination of paternalistic discourse in the news of a large population of Chinese Muslims over the period. The investigation combines topic modelling with topos analysis to identify topics and topoi and to exhibit the ideology through the corpus compiled with (...) CD’s news about Chinese Muslims. Our findings both uncover the extent to which CD is used to promote paternalistic discourse by topic and reveal how paternalism is constructed by topoi. CD can be seen to strongly legitimise the paternalistic framework corresponding with the government’s promotion of social development and security in the region. Reciprocally, most Chinese Muslims are portrayed as obedient and dependent Chinese citizens who benefit from the government’s intervention. (shrink)

In this article we examine Classical Confucian political thinking through the lens of paternalism. We situate Confucianism amid contemporary models of paternalism to show that Confucianism can be understood as a soft form of paternalism regarding its method. Confucianism stresses cultivation of the people by moral exemplars to guide the people to act in ways that are in their own best interests. This is in contrast to use of law and punishment as a deterrent of unwanted behaviours of the people. (...) We demonstrate that Confucian paternalism does not advocate for a static top-down structure of governance that is incapable of reform, underscoring its non-authoritarian ideal. We do this by stressing the vital upward momentum constituted in general cultivation of the wider population utilizing li. The picture that emerges from an examination of Confucian political thought through the lens of paternalism is what we name “exemplary paternalism.”. (shrink)

Analytic Philosophy, Volume 63, Issue 2, Page 73-89, June 2022.

Any ethical inquiry into addiction research is faced with the preliminary challenge that the term “addiction” is itself a matter of scientific and ethical controversy. Accordingly, the chapter begins with a brief history of the term “addiction.” The chapter then turns to ethical issues surrounding consent and decision-making capacity viewed from the perspective of the current opioid epidemic. One concern is the neglect of the cyclical nature of addiction and the implications of this for the validity of current psychometric instruments (...) used to evaluate decision-making capacity in addiction. Another is the apparent discrepancy—possibly an ethical double standard—in the manner in which society and addiction researchers view the mental capacity and vulnerability of individuals who suffer from severe addiction. On the whole, the main ethical concern of the chapter is the puzzling lack of clinical research on decision-making capacity in research on addiction. (shrink)

Gerald Dworkin provides an insightful starting point for determining acceptable paternalism through his commitment to protecting our future autonomy and health from lasting damage. Dworkin grounds his argument in an appeal to inherent goods, which this paper argues is best considered as a commitment to human flourishing. However, socialconnectedness is also fundamental to human flourishing and an important consideration when determining the just limits of paternalistic drug controls, a point missing from Dworkin’ essay. For British philosopher Thomas Hill Green, regulation (...) of alcohol sales emerged from the social ideal. Green argued that policy interventions, including restricted opening hours and locations, improved the conditions for humans to flourish. Green offers a compelling political vision but fails to account for the fact pleasure is also an inherent good. He focused excessively on our social nature, excluding our more pleasure-seeking and egoistic characteristics. In contrast, a more realistic and complete vision of human flourishing can be found in an amended version of Gerald’s Dworkin’s arguments. In conclusion, this paper argues drug policy makers should remain committed to the harm principle as applied to criminal law whereby a person should never be criminalized for self-harm. Such a limit on paternalistic interventions is deemed necessary when eudaimonia is the end of government action. In practical terms, this means that the criminalization of drug use, as opposed to drug production, is always unjust. (shrink)

The traditional liberal view on conflicts between care for wellbeing and respect for choice and desire is that we should look to degrees of competence and voluntariness to determine which moral imperative should take priority. This view has likely influenced the common view that children’s choices should be considered only to the extent that this promotes their future autonomy and helps us determine their best interests. I reject both the general traditional liberal view and its application to children. Competence and (...) voluntariness, as well as maturity, are at best proxies for what really matters, which is wellbeing, choice and desire. We typically have reason to respect children’s choices, irrespective of any further positive consequences. If we should more often make children do what they do not want to do, this is mainly because, though we should care about respecting their choices, we should care even more about their wellbeing and future autonomy. (shrink)

In a stimulating recent article for this journal (van Wynsberghe and Robbins in Sci Eng Ethics 25(3):719–735, 2019), Aimee van Wynsberghe and Scott Robbins mount a serious critique of a number of reasons advanced in favor of building artificial moral agents (AMAs). In light of their critique, vW&R make two recommendations: they advocate a moratorium on the commercialization of AMAs and suggest that the argumentative burden is now shifted onto the proponents of AMAs to come up with new reasons for (...) building them. This commentary aims to explore the implications vW&R draw from their critique. In particular, it will raise objections to the moratorium argument and propose a presumptive case for commercializing AMAs. (shrink)

Public health ethicists face two difficult questions. First, what makes something a matter of public health? While protecting citizens from outbreaks of communicable diseases is clearly a matter of public health, is the same true of policies that aim to reduce obesity, gun violence or political corruption? Second, what should the scope of the government’s authority be in promoting public health? May government enact public health policies some citizens reasonably object to or policies that are paternalistic? Recently, some theorists have (...) attempted to address these questions by arguing that something is a matter of public health if and only if it involves a health-related public good, such as clean water or herd immunity. Relatedly, they have argued that appeals to the promotion of public health should only be used to justify the provision of health-related public goods. This public goods conception of public health (PGC) is meant to enjoy advantages over its rivals in three respects: it provides a better definition of public health than rival views, it respects moral disagreement, and it avoids licensing objectionably paternalistic public health policies. We argue, however, that the PGC does just as poorly, or worse, than its rivals in all three respects. (shrink)

In this paper, I criticize two recent and influential arguments for no-platforming advanced by Robert Simpson and Amia Srinivasan and by Neil Levy, respectively. What both arguments have in common is their attempt to reconcile no-platforming with liberal values. For Simpson and Srinivasan, no-platforming does not contradict liberalism if grounded on the distinction between norms of free speech and norms of academic freedom; for Levy, those who defend the practice need not be accused of promoting paternalism. I argue that neither (...) view succeeds: these authors’ views are in strong tension with core tenets of liberalism. I proceed as follows: after introducing some basic liberal principles, I explain Simpson and Srinivasan’s argument in more detail and argue that it is too strong for some their stated purposes; then I proceed to show that both Simpson and Srinivasan and Levy’s arguments would justify extremely closed universities; finally, after arguing that Levy’s stance does not circumvent paternalism, I present some evidence that no-platforming would be captured by censors and probably threaten the very academic freedom that the authors want to protect. (shrink)

This paper offers an ethical consideration of how fear can be a tool of agents, used to deliberately shift people away from existing beliefs, commitments, or habits, or towards new ones. It contends that properly understanding the ethical dimensions of such uses of fear depends in part on a clear understanding of the dynamics of disorientation that can be involved in such uses. Section two begins with a clarification of the connections between fear, orientation, and disorientation. It suggests that experiences (...) of fear are in some cases either orienting or disorienting, and that the disorienting aspects of fear are in need of more attention. Section three shows how experiences of fear can be tools—they can be cultivated and wielded by agents deliberately for multiple reasons, including sometimes in order to disorient or re-orient others. Section four turns to a moral evaluation of these uses of fear, attending specifically to why the dynamics of disorientation and orientation often involved in experiences of fear are important for understanding the moral status of uses of fear. (shrink)

The idea that people’s numerical identity may sometimes be discontinuous over time initially appears to provide useful material for defending restrictions on putatively self-harming behaviour in a non-paternalistic manner. According to this line of thinking, sometimes a putatively self-harming act is, in fact, a matter of ‘harm to others’. Yet, in this paper I argue that if we, as we ought to do, take into consideration the non-identity problem, this challenges the notion that the agent at T1 is in fact (...) imposing harm on anyone, even when we accept that he or she is numerically different from the agent at T2. If the life of the agent at T2 is still worth living, the agent is not worse off than he or she would have been in spite of the consequences pertaining to the putatively self-harming act since he or she would otherwise never have come into existence. In this way, the argument I put forward in this paper calls in question the ability of the shifting identity argument to actually justify imposing restrictions on self-harming behaviour. (shrink)

In this article we review Western discourse on the relationship between Daoism and anarchist political theory. In particular, we focus on the anarchist reading of Daoism given by Roger Ames, and the more recent contrasting argument against reading Daoism as an anarchism by Alex Feldt. Centering our discussion on the Daodejing 道德經, we argue that, on the one hand, Laozi’s 老子 political theory is less easily reconcilable with anarchist thinking than Ames suggests. On the other hand, we dispute Feldt’s argument (...) that Laozi’s sage-ruler must, of necessity, maintain the capacity for coercive control. Counter to both Ames and Feldt, we suggest that Laozi’s sage-ruler is better framed as a maternal overseer, in contrast to other more paternalistic extrapolations of Daoist thinking, such as that offered in the Hanfeizi 韓非子. In reading Laozi’s thinking as a form of state “maternalism,” we aim to give a more distinctive voice to the nuances of early Daoist political theory. (shrink)

New media (highly interactive digital technology for creating, sharing, and consuming information) affords users a great deal of control over their informational diets. As a result, many users of new media unwittingly encapsulate themselves in epistemic bubbles (epistemic structures, such as highly personalized news feeds, that leave relevant sources of information out (Nguyen forthcoming)). Epistemically paternalistic alterations to new media technologies could be made to pop at least some epistemic bubbles. We examine one such alteration that Facebook has made in (...) an effort to fight fake news and conclude that it is morally permissible. We further argue that many epistemically paternalistic policies can (and should) be a perennial part of the internet information environment. (shrink)

Patient-centered pharmacy practice involves increased pharmacist engagement in patient care. This increased involvement can sometimes require diverse decision-making when handling various situations, ranging from simple matters to major ethical dilemmas. There is literature about pharmacy ethics in developed Western countries. However, little is known about pharmacists’ practices in many developing countries. For example, there is a paucity of research conducted in the area of pharmacy ethics in Jordan. This study aimed to explore the manner in which ethical dilemmas were handled (...) by Jordanian pharmacists, the resources used and their attitudes towards them. Semi-structured, face to face interviews were carried out with 30 Jordanian registered pharmacists. The transcribed interviews were thematically analysed for emerging themes. Four major themes were identified: legal practice; familiarity with the code of ethics; personal judgement, cultural and religious values; and Experience. Findings showed that ethical decision-making in pharmacy practice in Jordan was decisively influenced by pharmacists’ personal moral values, legal requirements and managed by exercising common sense and experience. This pointed to gaps in Jordanian pharmacists’ understanding and application of basic principles of pharmacy ethics and highlighted the need for professional ethics training, incorporating pharmacy ethics courses in pharmacy undergraduate curricula, as well as professional development courses. This study highlighted that paternalism, personal values and legal obligations were major drivers influencing decision-making processes of Jordanian pharmacists. Findings also highlighted an inclination towards lack of respect for patient autonomy. This illuminated the need for increasing pharmacists’ literacy in professional ethics. (shrink)

Journal of Philosophy of Education, EarlyView.

The aim of this paper is to (i) examine the concept of epistemic paternalism and (ii) explore the consequences of normative questions one might ask about it. I begin by critically examining several definitions of epistemic paternalism that have been proposed, and suggesting ways they might be improved. I then contrast epistemic and general paternalism and argue that it’s difficult to see what makes epistemic paternalism an epistemic phenomenon at all. Next, I turn to the various normative questions one might (...) ask about epistemic paternalism and discuss the literature’s assumptions of epistemic consequentialism and veritism. I close by comparing and contrasting epistemic paternalism with other topics in social epistemology, such as disagreement or testimony. (shrink)

Personal autonomy is often lauded as a key value in contemporary Western bioethics. Though the claim that there is an important relationship between autonomy and rationality is often treated as uncontroversial in this sphere, there is also considerable disagreement about how we should cash out the relationship. In particular, it is unclear whether a rationalist view of autonomy can be compatible with legal judgments that enshrine a patient's right to refuse medical treatment, regardless of whether the reasons underpinning the choice (...) are known and rational, or indeed whether they even exist. Jonathan Pugh brings recent philosophical work on the nature of rationality to bear on the question of how we should understand personal autonomy in contemporary bioethics. In doing so, he develops a new framework for thinking about the concept of autonomy, one that is grounded in an understanding of the different roles that rational beliefs and rational desires have to play in it. Pugh's account allows for a deeper understanding of d the relationship between our freedom to act and our capacity to decide autonomously. His rationalist perspective is contrasted with other prominent accounts of autonomy in bioethics, and the revisionary implications it has for practical questions in biomedicine are also outlined. (shrink)

Informed consent is normally understood as something that a patient gives prior to a medical intervention that can render it morally permissible. Whether or not it must be given prior to the intervention is debated. Some have argued that subsequent consent—that is, consent given after a medical intervention—can also render an otherwise impermissible act permissible. If so, then a patient may give her consent to an intervention that has already been performed and thereby justify a physician’s act retroactively. The purpose (...) of this paper is to argue that even if subsequent consent can render an otherwise impermissible act permissible, doctors are still blameworthy if they rely on it when prior consent could be given, because they would be banking on the justification of their interventions. Since doctors can only guess if patients will consent after the fact, they would be placing their patients at unreasonable risk of being disrespected as persons. (shrink)