Contemporary debates about sexual ethics are dominated by a consent-oriented approach—consensualism. This position well explains the immorality of such acts as rape, pedophilia, bestiality and necrophilia. However, consensualism faces difficulties when it comes to adultery or HIV transmission. This article analyzes such unacquired moral obligations not to engage in consensual sex. A new natural law approach is proposed to explain and justify these obligations. This position places central importance in the evaluation of sexual acts on whether they are aimed at (...) achieving some common good and whether they harm some other good. As will be shown, the new natural law overcomes the difficulties of consensualism and grounds unacquired obligations in sexual ethics. And if this approach is combined with a pluralistic view of the goods that are realized in sex, then the new natural law does not allow the conservative conclusions about sexual morality inherent in the old natural law theory. (shrink)

This paper addresses a question about the moral status of Artificial Intelligence (AI): will AIs ever become moral patients? I argue that, while it is in principle possible for an intelligent machine to be a moral patient, there is no good reason to believe this will in fact happen. I start from the plausible assumption that traditional artifacts do not meet a minimal necessary condition of moral patiency: having a good of one's own. I then argue that intelligent machines are (...) no different from traditional artifacts in this respect. To make this argument, I examine the feature of AIs that enables them to improve their intelligence, i.e., machine learning. I argue that there is no reason to believe that future advances in machine learning will take AIs closer to having a good of their own. I thus argue that concerns about the moral status of future AIs are unwarranted. Nothing about the nature of intelligent machines makes them a better candidate for acquiring moral patiency than the traditional artifacts whose moral status does not concern us. (shrink)

Neo‐Aristotelian virtue ethics applied to work and business theory have received increasing attention due to Alasdair MacIntyre's philosophy. At the same time, this approach has been accused of being inapplicable, a romantic nostalgia for an ideal world far from the reality of today's markets. Moreover, the more this theory evolves, the bigger the gap seems to become, as if good work were at odds with its economic dimension. This paper aims to address this gap by explaining how MacIntyre's neo‐Aristotelianism conceives (...) of the economic dimension of good work. In particular, we claim that it is consistent with MacIntyre's philosophy that said economic dimension of work can be defined in terms of excellence and virtue, particularly in accordance with the virtues of justice and unity of life. However, for these virtues of good work to be practicable, a reconsideration of market practices performed under the logic of giving and receiving is needed. Hence, defining and sustaining an economic dimension of good work in MacIntyre also depend on the possibility of market practices being defined as excellent. (shrink)

Is it wrong to distract? Is it wrong to direct others’ attention in ways they otherwise would not choose? If so, what are the grounds of this wrong – and, in expounding them, do we have to at once condemn large chunks of contemporary digital commerce (also known as the attention economy)? In what follows, I attempt to cast light on these questions. Specifically, I argue – following the pioneering work of Jasper Tran and Anuj Puri – that there is (...) a right to attention, and that its existence underlies some of our claims regarding the wrongness of distractions. However, I depart from both these authors in two respects: first, I present a new way of deriving the right to attention, grounding it in the more fundamental right to mental integrity. Second, I remain agnostic on whether the contemporary business practices of capturing attention in exchange for a variety of digital products and services are plagued by routine violations of the right. (shrink)

De vuelta a Raz: una réplica En Judging Positivism, sostengo que Joseph Raz cambió su posición en el tiempo y que esos cambios produjeron inconsistencias e incoherencias en su posición madura. La premisa clave que pone en marcha el argumento es la siguiente: la concepción de sistemas jurídicos en Practical Reason and Norms está basada en, y depende de, la tesis de que jueces tienen un deber de aplicar el derecho. Tratase de una concepción positivista del derecho que deriva de (...) una visión positivista del trabajo del juez. Problemas surgen para Raz cuando él introduce elementos morales en su concepción positivista de derecho. En particular, analizo las dificultades que Raz encuentra cuando introduce una teoría moral de la aplicación del derecho en Ethics in the Public Domain, y una teoría moralmente cargada de la autoridad en Morality of Freedom. André Coelho y Jorge Fabra-Zamora cuestionan mi crítica a los argumentos de Raz sobre la aplicación del derecho, mientras Thomas Bustamante plantea sus comentarios en mi critica de la autoridad en Raz. Al contestar a mis críticos, revisito mi interpretación de PRN, al paso que exploro las premisas fundacionales en discusión en estos debates. Rechazo la posibilidad de que todas presuposiciones fundacionales son igualmente valiosas: el análisis conceptual no normativo no es, en mi opinión, una metodología viable si se quiere contestar las cuestiones planteadas por Raz y Hart. Asimismo, investigo las dificultades que la teoría de la autoridad de Raz encuentra. (shrink)

What are the fundamental divisions in ethics? Which divisions capture the most important and basic options in moral theorizing? In this article, I reject the ‘Textbook View’ which takes the tripartite division between consequentialism, deontology, and virtue ethics to be fundamental. Instead, I suggest that moral theories are fundamentally divided into three independent divisions, which I call the neutral/relative division, the normative priority division, and the maximizing division. I argue that this account of the fundamental divisions of ethics better captures (...) the main concerns that normative ethicists have when assessing moral theories. It also helps us make progress in comparative ethics and makes visible theoretical possibilities obscured by the Textbook View. (shrink)

This paper argues that relations of mutual recognition (love, respect, esteem, trust) contribute directly and non-reductively to our flourishing as relational selves. -/- Love is important for the quality of human life. Not only do everyday experiences and analyses of pop culture and world literature attest to this; scientific research does as well. How exactly does love contribute to well-being? This chapter discusses the suggestion that it not only matters for the experiential quality of life, or for successful agency, but (...) that it actualizes our nature as “relational selves” (Chen, Boucher & Kraus 2011). I defend a hybrid or pluralist theory, which sees humans not only as subjects of experiences, or agents, or valuers, but also as relational selves. Expanding from love to other interpersonal relations, thriving relations of mutual recognition (love, respect, esteem, trust), contribute directly and non-reductively to our flourishing as relational selves. The paper will start by putting forward the proposal (Section 2), and then discussing it in relation to important alternatives. The focus is on alternatives which hold that love, and other forms of mutual recognition, are important for well-being, but only indirectly. One kind of challenge against the constitutive role of relations to others for well-being comes from the traditional theories that accommodate relations in some indirect ways (Section 3). A second kind of challenge admits that perhaps love is central to well-being in a direct way, but do we have reason to believe that other forms of mutual recognition are as well? (Section 4) Yet another kind of challenge is that love matters for the quality of lives in some other way than contributing to its prudential value: love is good, but is it good for us? (Section 5) A fourth kind of challenge concerns what we are, and the nature of “essentialism” involved in the approach stressing relational selfhood: cannot, say, motherhood contribute to one’s good life even if motherhood is contingent and not essential? (Section 6). In debates on recognition the idea that mutual recognition is also relevant for well-being has been put forward, for example in Axel Honneth’s (1992, ch.9 ) ”formal” theory of good life. Whatever else constitutes good life, relations of recognition form its backbone (cf. Ikäheimo 2014). Surprisingly little however is written about mutual recognition and well-being in detail, or recognition in comparison to traditional theories of well-being. This chapter aims to fill some of that void, and at the same time defend the view that well-being is one of the normative notions with which mutual recognition has a constitutive relationship. (shrink)

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)

This chapter discusses two different issues about the relationship between legal positivism and robust normativity (understood as the most authoritative kind of normativity to which we appeal). First, the chapter argues that, in many contexts when discussing “legal positivism” and “legal antipositivism”, the discussion should be shifted from whether legal facts are ultimately partly grounded in moral facts to whether they are ultimately partly grounded in robustly normative facts. Second, the chapter explores an important difference within the kinds of arguments (...) that legal philosophers give for the (purported) truth of legal positivism. The difference concerns whether (purportedly) robustly normative facts are appealed to as premises in those arguments or not. (A closely connected issue is whether (purportedly) normative facts that bear one or more important connections to robustly normative facts are appealed to in premises to those arguments.) The chapter argues that thinking about this dividing line helps people better situate the positivist/antipositivist dispute, better understand the space of views in legal philosophy, better evaluate those views, and avoid having merely verbal disputes. (shrink)

Although anxiety is frequently seen as a predominantly negative phenomenon, some recent researchers have argued that it plays an important positive function, serving as an alert to warn agents of possible problems or threats. I argue that not only can one’s own, first-personal anxiety perform this function; because it is possible for others—in particular, one’s friends—to feel anxious on one’s behalf, their anxious feelings can sometimes play the same role in our functioning, and make similar contributions to our well-being. I (...) distinguish between a number of kinds of cases in which what I call proxy anxiety serves a positive function, including Anxiety Avoidance (where there is good reason for an agent to avoid becoming anxious herself, but can benefit from a friend’s anxiety on her behalf), Anxiety Omission (where an agent fails to become anxious due to a malfunctioning anxiety-generating system), long-term commitments involving dispositions to feel other-directed proxy anxiety, and cases in which proxy anxiety can help reduce or relieve excessive anxiety. A person’s friends, it is argued, are particularly well positioned to help regulate deficient and/or excessive anxieties, precisely because friends are close enough to care for and identify with the agent, but at the same time distant enough to maintain a relatively objective perspective. I conclude by examining connections between proxy anxiety and theories of well-being. (shrink)

Healthcare professionals often need to make clinical decisions that carry profound ethical implications. As such, they require a tool that will make decision-making intuitive. While the discussion about the principles that should guide clinical ethics has been going on for over two thousand years, it does not seem that making such decisions is becoming any more straight forward. With an abundance of competing ethical systems and frameworks for their application in real life, the clinician is still often not sure how (...) to proceed in the face of ethical dilemmas, either due to a lack of background ethical knowledge or experience in applying it. This paper will discuss whether considering what one would expect one’s friend to do if one was the patient, or what would one think they would do for a friend if they were the patient, can be a helpful, more intuitive, tool for clinical decision-making that can produce outcomes that are congruent with major ethical systems. (shrink)

According to the Counterfactual Comparative Account of harm and benefit, an event is overall harmful for a subject to the extent that this subject would have been better off if it had not occurred. In this paper we present a challenge for the Counterfactual Comparative Account. We argue that if physical processes are chancy in the manner suggested by our best physical theories, then CCA faces a dilemma: If it is developed in line with the standard approach to counterfactuals, then (...) it delivers that the value of any event for a subject is indeterminate to the extreme, ranging from terribly harmful to highly beneficial. This problem can only be avoided by developing CCA in line with theories of counterfactuals that allow us to ignore a-typical scenarios. Doing this generates a different problem: when the actual world is itself a-typical we will sometimes get the result that the counterfactual nonoccurrence of an actual benefit is itself a benefit. An account of overall harm bearing either of these two implications is deficient. Given the general aspiration to account for deprivational harms and the dominance of the Counterfactual Comparative Account in this respect, theorists of harm and benefit face a deadlock. (shrink)

Resumen En este trabajo se exponen veintiuna tesis sobre la asignación de recursos escasos en tiempos de pandemia o crisis sanitaria. El autor parte de la base de que nunca se justifica tratar a una persona como un mero medio. A partir de este principio fundamental, y de otras exigencias de justicia, procura determinar cuáles son los límites a las consideraciones, por lo demás legítimas, de eficiencia o de utilidad. Esto le permite discernir qué criterios de distribución son moral mente (...) aceptables y cuáles no lo son. -/- This work presents twenty one theses on the allocation of scarce resources in times ofpandemic or health crisis. The author assumes that treating a person as a mere means is never justified. On the basis of this fundamental principle, and other requirements of justice, he seeks to determine what are the limits to considerations, otherwise legitímate, of efficiency or utility. This allows him to discern which distribution criteria are morally acceptable and which are not. (shrink)

Much research has studied the importance of play for children’s development. However, questions of its political importance and our public institutions’ duties to protect it have been largely neglected. This article argues that childhood play is politically important due to having both intrinsic and instrumental value, and it suggests that the duty to protect the capability for play in childhood falls especially on the public health system. If this argument succeeds, it follows that we have stronger duties toward our children (...) than we currently believe. (shrink)

Is prostitution immoral? In this book, Rob Lovering argues that it is not. Offering a careful and thorough critique of the many―twenty, to be exact―arguments for prostitution's immorality, Lovering leaves no claim unchallenged. Drawing on the relevant literature along with his own creative thinking, Lovering offers a clear and reasoned moral defense of the world's oldest profession. Lovering demonstrates convincingly, on both consequentialist and nonconsequentialist grounds, that there is nothing immoral about prostitution between consenting adults. The legal implications of this (...) view are also brought to bear on the current discourse surrounding this controversial topic. (shrink)

Hume’s Law that one cannot derive an “ought” from an “is” has often been deemed to bear a significance that extends far beyond logic. Repeatedly, it has been invoked as posing a serious threat to views about normativity: naturalism in metaethics and positivism in jurisprudence. Yet in recent years, a puzzling asymmetry has emerged: while the view that Hume’s Law threatens naturalism has largely been abandoned (due mostly to Pigden’s work, see e.g. Pigden 1989), the thought that Hume’s Law is (...) a serious challenge to positivism has only grown in prominence. Our main aim is to establish that Hume’s Law is not a threat to positivism or naturalism. First, we connect extensive, but unfortunately siloed, discussions of this issue. Second, we show that Hume’s Law is not a serious threat to naturalism or positivism, for the gap between logic and such theses is very hard to bridge in a way that would make Hume’s Law able to bear this significance. Finally, we emphasize an implication of our discussion: it undermines one of the main “dialectical tributaries” in jurisprudence (Toh 2018). (shrink)

Aristotelian theory, as found in Michael Thompson and Philippa Foot, claims that to be good is to be good as a member of that kind. Moreover, Foot argues in effect that goodness admits of only the kind-based sort, obtaining solely in virtue of something’s satisfying kind-based standards. However, I contend that something can satisfy kind-relative standards but nonetheless be bad—I propose a hypothetical Ebola-like microbe that meets its kind-standards of being destructive for its own sake, but it would plausibly be (...) bad for doing so. In defending my counterexample, I respond to the Aristotelian contention that evaluations should only be made from “within” the standpoint of a particular lifeform conception, rather than an “external” one from which that kind itself can be judged to be bad. (shrink)

Ante ciertos modelos causales del agente libre inspirados en Tomás de Aquino, resulta interesante atender al modelo causal presentado por Tomás mismo, especialmente en un texto a partir del cual se puede rastrear la exposición de la acción libre como el efecto de los cuatro sentidos causales aristotélicos. Se trata de la cuestión sobre los actos imperados (ST I–II, q. 17); en cuyos primeros cuatro artículos –y en sus textos paralelos– determina que la voluntad es causa agente; la razón práctica, (...) causa ordenadora; y el imperium de ambas (razón y voluntad) se relaciona con el acto imperado como lo formal con lo material. (shrink)

In this paper I argue that textualism is far less attractive as a theory of written law than some of its modern proponents think. For it is not usually sensible to expect the grammatical meaning of a provision to determine its appropriate legal meaning. Factors that are unrelated to grammar in the identification of law (e.g., legal theory, context) do too much of the work. **Draft -- acknowledgments welcome, but please do not cite.**.

CAMILO, Bruno. Aspectos metafísicos na física de Newton: Deus. In: DUTRA, Luiz Henrique de Araújo; LUZ, Alexandre Meyer (org.). Temas de filosofia do conhecimento. Florianópolis: NEL/UFSC, 2011. p. 186-201. (Coleção rumos da epistemologia; 11). Através da análise do pensamento de Isaac Newton (1642-1727) encontramos os postulados metafísicos que fundamentam a sua mecânica natural. Ao deduzir causa de efeito, ele acreditava chegar a uma causa primeira de todas as coisas. A essa primeira causa de tudo, onde toda a ordem e leis (...) tiveram início, a qual para ele assume um caráter divino, Newton aponta para um Deus sábio e poderoso e responsável pela ordem inteligente e pela a harmonia das leis físicas e universais de tudo o que existe – Deus como criador e preservador da ordem do universo. Há ainda a analogia do conceito de Deus com o espaço e o tempo, na medida em que ambos comunicam infinitude e onipresença. Por fim, nas considerações finais apontarei a importância de Newton para a metafísica moderna e como os seus estudos contribuíram para uma visão posterior do universo e suas leis e do homem enquanto ser pensante. (shrink)

In this paper, I confront Engelhardt’s views—conceptualized as a cohesive moral perspective grounded in a combination of secular and Christian moral requirements—on two fronts. First, I critique his view of the moral demands of justice within a secular pluralistic society by showing how Thomistic natural law theory provides a content-full theory of human flourishing that is rationally articulable and defensible as a canonical vision of the good, even if it is not universally recognized as such. Second, I defend the principles (...) of Roman Catholic social teaching (RCST) against Engelhardt’s objection that it constitutes a watered-down version of the Christian moral vision which opens the door to intolerable moral compromises. While I acknowledge that Engelhardt’s criticism of RCST is well-grounded in certain abusive compromises that have been made by some Catholic healthcare institutions, I contend that such abuses are not endemic to RCST and avoidance of them is practically feasible in contemporary secular pluralistic societies. My primary aim is to show how continued dialogue between Engelhardtian libertarians and more communitarian-inclined RCST proponents may constructively yield a vision of healthcare allocation that ensures succor for the least advantaged within an authentically Christian social ethic. (shrink)

This work offers a challenge to the orthodox view that descriptive rules are non-normative and passive in their role and usage. It does so by arguing that, although lacking in normativity themselves, descriptive rules can be sources of normativity by way of the normative attitudes that can develop around them. That is, although descriptive rules typically depict how things are, they can also play a role in how things ought to be. In this way, the limited role that this type (...) of rule can play as either a basis for the development of normative reasons, or as explanatory reasons for action is identified and clarified. One desirable outcome of the analysis is a more complete view of what descriptive rules are and how they are utilized by agents. (shrink)

The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller's procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called "the inner morality of law." We evaluate Fuller's claim by surveying both ordinary people and legal experts about their intuitions about legal systems. We conclude that, at best, we (...) should be skeptical of Fuller's inner morality of law in light of the experimental data. (shrink)

Collection of papers presented at the 2nd and 3rd Budapest Seminar in Early Modern Philosophy.

Can there be an objective morality without God? Derek Parfit argues that it can and offers a theory of morality that is neither theistic nor naturalistic. This book provides a critical assessment of Parfit's metaethical theory. Jakobsen identifies some problems in Parfit’s theory – problems concerning moral normativity, the ontological status of morality, and evolutionary influence on our moral beliefs – and argues that theological resources can help solve them. By showing how Parfit’s theory may be improved by the help (...) of theology, Jakobsen demonstrates the relevance of theology in philosophical and metaethical debates and argues that Christian theism offers a better explanation of morality than what Parfit’s non-naturalism does. (shrink)

The Anthropocene is a term described by Earth Systems Science to capture the recent rupture in the history of the Earth where human action has acquired the power to alter the Earth System as a whole. While normative conclusions cannot be logically derived from this descriptive fact, this paper argues that law and philosophy ought to develop responses that are ordered around human beings. Rather than arguing for legal rights or extending rights to nature, this paper focuses on obligations. Drawing (...) on Hans Jonas, it argues that obligations are a more appropriate tool for cultivating human plurality, restraining human action and protecting future generations. (shrink)

Some religious requirements seem genuinely arbitrary in the sense that there seem to be no sufficient explanation of why those requirements with those contents should pertain. This paper aims to understand exactly what it might mean for a religious requirement to be genuinely arbitrary and to discern whether and how a religious practitioner could ever be rational in obeying such a requirement. We lay out four accounts of what such arbitrariness could consist in, and show how each account provides a (...) different sort of baseline for understanding how obedience to arbitrary requirements could, in principle, be rational. (shrink)

This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...) find that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s compliance with the law: (i) their belief that they have a (content-independent, moral) duty to obey the law (which is one element of legitimacy, as defined here); and (ii) their moral assessment of the content of specific legal requirements (‘perceived moral content of laws’). We also observe an interactive relationship between these two factors. At higher levels of perceived moral content of laws, felt duty to obey is a better predictor of compliance. And, similarly, perceived moral content of laws is a better predictor of compliance at higher levels of felt duty to obey. This suggests that the moral content incorporated in specific laws interacts with the normative force people ascribe to legal authorities by virtue of other qualities, specifically here procedural justice and lawfulness. In Section 3, the focus shifts to a philosophical analysis, whereby we identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. We advocate a distinctive alternative to two rival approaches in jurisprudential discourse, the first of which claims that Lon Fuller’s eight precepts of legality embody moral qualities not contingent on the law’s content, while the second denies any independent moral value in these eight precepts, viewing them as entirely subservient to the law’s substantive goals. In contrast, on the view put forward here, Fuller’s principles possess (inter alia) an expressive moral quality, but their expressive effect does not materialise in isolation from other, contextual factors. In particular, the extent to which it materialises is partly sensitive to the moral quality of the law’s content. (shrink)

In philosophical debates on human rights between the East and the West, scholars argue whether rights in the Universal Declaration of Human Rights (UDHR) and other international documents (in short, “international human rights”) are universal or culturally relative. Some scholars who emphasize the importance of East Asian cultures (such as the Confucian tradition) have different attitudes toward civil and political rights (CP rights) than toward economic, social, and cultural rights (ESC Rights). They argue that at least some international human rights (...) on the list of CP rights are not universal and believe that East Asian cultures can contribute to the moral justification of ESC rights. This chapter introduces a philosophical argument to support a normative account of human rights. This normative account, called “the minimal account of human rights,” is based on the ideas of minimal values, especially essential necessities of dignity. Based on this account, we can explain why international human rights are both universal and justified by East Asian cultures, especially the Confucian tradition. To explain this minimal account and illustrate how it can be applied to debates on international human rights, this chapter focuses on debates on the international human rights to liberty on the list of CP rights and the human rights to health on the list of ESC rights. (shrink)

I discuss three tiers of technological innovation: mild innovation, or the acceleration by technology of a human activity aimed at a good; moderate innovation, or the obviation by technology of an activity aimed at a good; and radical innovation, or the altering by technology of the human condition so as to change what counts as a good. I argue that it is impossible to morally assess proposed innovations within any of these three tiers unless we rehabilitate a natural-law ethical framework. (...) And I offer some moral starting points within such a framework, in connection with innovations of each of the three types. (shrink)

Argues that reasons internalism, suitably understood, explains categorical reasons for us to cooperate with each other. The norms we then cooperate to satisfy can lie at the heart of legal systems, yielding unexpected implications in the philosophy of law.

This article provides a critical analysis of ‘the legal’ in the legal determinants of health, with reference to the Lancet–O’Neill report on that topic. The analysis shows how law is framed as a fluid and porous concept, with legal measures and instruments being conceived as sociopolitical phenomena. I argue that the way that laws are grounded practically as part of a broader concept of politics and evaluated normatively for their instrumental value has important implications for the study of law itself. (...) This, in turn, has implications for how we approach the transdisciplinary ambitions that form a key part of the report’s recommendations to enhance law’s capacity to promote better, more equitable population health at local, national, international and global levels. (shrink)

Secular arguments for equal and exclusively human worth generally tend to follow one of two strategies. One, which has recently gained renewed attention because of a novel argument by S. Matthew Liao, aims to directly ground worth in an intrinsic property that all humans have in common, whereas the other concedes that there is no morally relevant intrinsic difference between all humans and all other animals, and instead appeals to the membership of all humans in a special kind. In this (...) article, I argue that both strategies necessitate drawing a line that is both arbitrary and implausibly opens a moral gulf between individuals whose difference from one another in terms of empirical reality is entirely unremarkable, providing reasons to reject them that go beyond the standard objections in the literature. I conclude that, if all humans are to be included in the community of equals, we must lay to rest the idea that we can do so without also including a wide range of non-human animals. (shrink)

Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications (...) for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case. -/- While much of the focus is on bioprospecting and natural product development, Indigenous Peoples, Consent and Benefit-Sharing also draws important lessons about informed consent and benefit-sharing from the health sciences and sectors such as mining. Policymakers around the world are under significant pressure to resolve the challenges of implementing the CBD. This book’s analysis and recommendations will help them. -/- ‘It is good to see philosophers engaging with the UN Convention on Biological Diversity, and doing so by looking in depth at a real situation in which it has been invoked.’ Peter Singer, Ira W. DeCamp Professor of Bioethics in the University Center for Human Values, Princeton University . (shrink)

The goal of this paper is to provide an accurate grounding-based formulation of positivism in the philosophy of law. I start off by discussing some simple formulations, based on the ideas that social facts are always either full or partial grounds of legal facts. I then raise a number of objections against these definitions: the full grounding proposal rules out possibilities that are compatible with positivism; the partial grounding proposal fails, on its own, to vindicate the distinctive role that is (...) played by social facts within positivist accounts of law. Then, I present a more adequate and insightful formulation capable of solving their problems, which crucially relies on a robust notion of a social enabler. Finally, I model inclusive and exclusive positivism on the resulting template, and set out the advantages of the ground-enablers proposal. (shrink)

What, if anything, directly detracts from well-being? Objective list theorists affirm basic goods such as knowledge, friendship, and achievement, but it is less clear what they should say about opposing bads. In this paper, I argue that false beliefs, unhealthy relationships, and failed projects are not basic bads and do not directly detract from well-being. They can have bad effects or elements, or block the realization of basic goods, but do not themselves carry negative weight with respect to well-being. This (...) is shown by comparing cases where these bads are present and absent, examining their relation to negative overall well-being, and considering the role of these bads in the pursuit of positive goods. (shrink)

The passage of time influences the content of the law and therefore also the validity of legal arguments. This is true even for charter-arguments, despite the widely held view that constitutional law is made to last. In this paper, I investigate the reason why the sanctity-of life argument against physician assisted suicide lost its validity between the Supreme Court decision in Rodriguez v. British Columbia in 1993 and Carter v. Canada in 2015. I suggest that a rhetorical approach to argument (...) evaluation is the best basis for a satisfying explanation. (shrink)

Balfe argues against enhanced interrogation. He particularly focuses on the involvement of U.S. healthcare professionals in enhanced interrogation. He identifies several empirical and normative factors and argues that they are not good reasons to morally justify enhanced interrogation. I argue that his argument can be improved by making two points. First, Balfe considers the reasoning of those healthcare professionals as utilitarian. However, careful consideration of their ideas reveals that their reasoning is consequential rather than utilitarian evaluation. Second, torture is a (...) serious human rights abuse. When healthcare professionals become involved in enhanced interrogation, they violate not only human rights against torture but also human rights to health. Considering the consequential reasoning against human rights abuses, healthcare professionals’ involvement in enhanced interrogation is not morally justified. Supplementing Balfe’s position with these two points makes his argument more complete and convincing, and hence it can contribute to the way which shows that enhanced interrogation is not justified by consequential evaluation. (shrink)

The so-called Disability Paradox arises from the apparent tension between the popular view that disability leads to low well-being and the relatively high life-satisfaction reports of disabled people. Our aim in this essay is to make some progress toward dissolving this alleged paradox by exploring the relationship between disability and various “goods of life”—that is, components of a life that typically make a person’s life go better for her. We focus on four widely recognized goods of life (happiness, rewarding relationships, (...) knowledge, achievement) and four common types of disability (sensory, mobility, intellectual, and social) and systematically examine the extent to which the four disability types are in principle compatible with obtaining the four goods of life. Our findings suggest that that there is a high degree of compatibility. This undermines the widespread view that disabilities, by their very nature, substantially limit a person’s ability to access the goods of life, and it provides some guidance on how to dissolve the Disability Paradox. (shrink)

Through modern driver assistant systems, algorithmic decisions already have a significant impact on the behavior of vehicles in everyday traffic. This will become even more prominent in the near future considering the development of autonomous driving functionality. The need to consider ethical principles in the design of such systems is generally acknowledged. However, scope, principles and strategies for their implementations are not yet clear. Most of the current discussions concentrate on situations of unavoidable crashes in which the life of human (...) beings is existentially affected. In this paper, we argue that ethical considerations should be mandatory for any algorithmic decision of autonomous vehicles, instead of a limitation to hazard situations. Such an ethically aligned behavior is relevant because autonomous vehicles, like any other traffic participants, operate in a shared public space, where every behavioral decision impacts the operational possibilities of others. These possibilities concern the fulfillment of a road-user’s safety, utility and comfort needs. We propose that, to operate ethically in such space, an autonomous vehicle will have to take its behavior decisions according to a just distribution of operational possibilities among all traffic participants. Using an application on a partially-autonomous prototype vehicle, we describe how to apply and implement concepts of distributive justice to the driving environment and demonstrate the impact on its behavior in comparison to an advanced but egoistic decision maker. (shrink)

In this paper I argue that applied ethics is a phenomenon spontaneously emerged between the Sixties and the Seventies and resulting from interbreeding of theoretical discussion in ethics and public discourse of liberal-democratic societies. I contend that the phenomenon’s novelty is in a peculiar relationship it has helped in establishing between ethical theories and real-world issues, and besides that the true nature of applied ethics is that of deliberation, whose tool is the faculty of judgment, or casuistry, understood the Kantian (...) way. (shrink)

Following Kelsen’s influential theory of law, the concept of validity has been used in the literature to refer to different properties of law (such as existence, membership, bindingness, and more), and so it is inherently ambiguous. More importantly, Kelsen’s equivalence between the existence and the validity of law prevents us from accounting satisfactorily for relevant aspects of our current legal practices, such as the phenomenon of “unlawful law.” This chapter addresses this ambiguity to argue that the most important function of (...) the concept of validity is constituting the complex ontological paradigm of modern law as an institutional-normative practice. In this sense, validity is an artificial ontological status that supervenes on that of the existence of legal norms, thus allowing law to regulate its own creation and creating the logical space for the occurrence of “unlawful law.” This function, I argue in the last part, is crucial to understanding the relationship between the ontological and epistemic dimensions of the objectivity of law. Given the necessary practice-independence of legal norms it is the epistemic accessibility of their creation that enables the law to fulfill its general action-guiding (and thus coordinating) function. (shrink)

Este artículo trata sobre la doctrina suareciana de la ley natural. Los estudiosos contemporáneos suelen presentar a Suárez como el responsable del vuelco hacia una comprensión fisicalista del derecho en donde la razón práctica se limita a descubrir el conjunto de mandatos que envuelven las inclinaciones naturales. En contra de esa interpretación, el presente trabajo intenta mostrar que Suárez de ende una comprensión racional-práctica del derecho natural en línea con la tradición medieval y tomista de la ley natural.

Making a connection between ‘post-modernism’ and post-truth has by now become a standard trope, both within academia and popular discourse, despite post-truth’s only recent emergence as a concept. Such claims are often rather vague and fanciful and lack an altogether credible account of either phenomenon in many cases. This Chapter argues however that within a legal context, there is the emergence of a legal post-truth which is the direct consequence of a concrete form of post-modernity within legal practice and thought. (...) While law may be called upon to engage in judgments of ‘truth’ in numerous interesting ways, it does not itself have any particular form of privileged access to the truth of statements or allegations, even though it is often treated as doing so. However, the most persistent question which law must deal with, and indeed the most persistent question within legal philosophy, relates to a deeper form of inquiry into truth: the question of legal truth. In simple terms this refers to the correctness of any particular proposition of law. Within legal theory, this expands to the larger question of what makes, in general, any legal proposition valid, or true. Reflecting upon legal scholarship through the lens of truth reveals that theories of law can be broken down into two broad and radically distinct categories. On the one hand, there exist empirical accounts of law which fundamentally understand questions of legal truth as social questions whose answers are empirically demonstrable. On the other hand, there are ‘idealist’ accounts of law which view legal content, and hence truth, as existing in some way or other in a manner which transcends social practice and which is autonomous from it. Both of these classical accounts, while radically different, share an interesting paradox: they see truth in law as an objective fact, but one which is fleeting and distant, far from the paradigm of legal certainty upon which the ideology of law is partly based. However, such accounts of legal truth share many other unstated aspects, and are largely based upon ideas which place the separateness and completeness of legal systems at their heart, providing either a unified ideal or a unified empirically observable social practice. However, they are share a common flaw, namely the failure to account for what might be called a post-modern phase of development in law, in which ordinary legal questions now regularly require the complex and non-hierarchical interaction of competing legal systems with different ‘truths’ and different ways of arriving at such truths. Such phenomena are commonly referred to as legal or, at times, constitutional ‘pluralism’. This post-modern turn within law has also produced therefore what we might call a form of post-truth within law. This is particularly significant because it places under great strain both the empirical and ideal accounts of legal truth and require us to re-elaborate an account of what makes a legal proposition true. From certain perspectives, this legal post-truth shares certain important aspects with the cultural phenomenon of post-truth, namely its apparently capricious and deracinated nature. However, it is argued in this Chapter that, in the legal context at least, post-truth allows for the transcendence of the empirical/ideal divide and the revealing of deeper forms of legal truth and our ability to account for them through theory or, put more simply, explanation. Upon greater reflection, legal truth is generated by the very forms of argument, or modes, which allow access to it. Such forms of argument exist also to produce legal truths outside and between legal orders where these appear to conflict or collide. While some legal scholars and others claim that such pressures on structures of knowledge reveal the end of the potential for law to generate truth, it is argued here that, on the contrary, they require a more open and more transparent use of the pure methods and modes of reason which both reveal but also generate legal truth in the first place. This is relevant to post-truth more generally in one specific way, despite the numerous idiosyncrasies of legal truth and knowledge: when assertions of truth within structures of power seem to come to embody the perspectivism and relativism used as methods of deconstruction, the post-modern and deconstructionist projects themselves require radical change: they stay true to their goal of deconstructing structures and discourses of power by applying the classical epistemologies which are rejected by those in power. Just as legal outcomes which are asserted rather than reasoned or justified are most convincingly deconstructed through sober legal modes, so can the post-modernist project find purpose in a world where dominant epistemes seem to have come to embody a simplistic version of post-modernist critiques. (shrink)

Some bioethicists have argued that moral bioenhancement, complementing traditional means of enhancing individuals’ moral dispositions, is essential if we are to survive as a species. Traditional means of moral enhancement have historically included civil legislation, socially recognized moral exemplars, religious teachings and disciplines, and familial upbringing. I explore the necessity and feasibility of pursuing methods of moral bioenhancement as a complement to such traditional means, grounding my analysis within a virtue-theoretic framework. Specifically, I focus on the essential intellectual virtue for (...) proper moral reasoning, prudence, and whether proposed methods of moral bioenhancement could facilitate the cultivation of this virtue within the psyches of moral agents. I conclude that certain means of bioenhancement may serve to augment the ability to reason prudentially and assist moral agents to align their wills with their higher-order rational desires, though such means require those higher-order desires to already have been formulated independently. (shrink)

The ‘value-free ideal’ has been called into question for several reasons. It does not include “epistemic values”—viewed as characteristic of ‘good science’—and rejects the so-called ‘contextual’, ‘non-cognitive’ or ‘non-epistemic’ values—all of them personal, moral, or political values. This paper analyzes a possible complementary argument about the dubitable validity of the value-free ideal, specifically focusing on social sciences, with a two-fold strategy. First, it will consider that values are natural facts in a broad or ‘liberal naturalist’ sense and, thus, a legitimate (...) part of those sciences. Second, the paper will not reject the value-free ideal; rather, it will construe this ideal in a special way, not casting values aside in sciences, but bringing them to the table and rationally discussing them. Today’s predominant naturalistic view has tended to ‘naturalize’ values by looking for physicalist explanations for them—a move resisted by defenders of normativism in social sciences. At the same time, a contending ‘liberal naturalist’ stream has emerged, claiming that not all natural entities can be explained by the methods and concepts of physical sciences, and favors a non-materialist naturalism which includes mind, consciousness, meaning and value as fundamental parts of nature that cannot be reduced to matter. Hence, it may be posited that non-epistemic values could be ‘naturally’ included in the field of human sciences. (shrink)