In this article, I summarise the ontological theory of informational privacy (an approach based on information ethics) and then discuss four types of interesting challenges confronting any theory of informational privacy: (1) parochial ontologies and non-Western approaches to informational privacy; (2) individualism and the anthropology of informational privacy; (3) the scope and limits of informational privacy; and (4) public, passive and active informational privacy. I argue that the ontological theory of informational privacy can cope with such challenges fairly successfully. In (...) the conclusion, I discuss some of the work that lies ahead. (shrink)

Four decades ago, Bernard Williams accused Kantian moral theory of providing agents with ‘one thought too many’. The general consensus among contemporary Kantians is that this objection has been decisively answered. In this paper, I reconstruct the problem, showing that Williams was not principally concerned with how agents are to think in emergency situations, but rather with how moral theories are to be integrated into recognizably human lives. I show that various Kantian responses to Williams provide inadequate materials for solving (...) this ‘integration problem’, and that they are correspondingly ill-positioned to account for the authority of morality, as Williams suspected all along. (shrink)

In light of the variety of uses of the term autonomy in recent bioethics literature, in this paper, I suggest that competence, not being as contested, is better placed to play the anti-paternalistic role currently assigned to autonomy. The demonstration of competence, I will argue, can provide individuals with robust spheres of non-interference in which they can pursue their lives in accordance with their own values. This protection from paternalism is achieved by granting individuals rights to non-interference upon demonstration of (...) competence. In this paper, I present a risk-sensitive account of competence as a means of grounding rights to non-interference. On a risk-sensitive account of competence individuals demonstrate their competence by exercising three capacities to the extent necessary to meet a threshold determined by the riskiness of the decision. These three capacities are the capacity to acquire knowledge, use instrumental rationality, and form and revise a life plan. (shrink)

Revelations of personal matters often have negative consequences for social-media users. These consequences trigger frequent warnings, practical rather than moral in nature, that social-media users should consider carefully what they reveal about themselves since their revelations might cause them various difficulties in the future. I set aside such practical considerations and argue that social-media users have a moral obligation to maintain their own privacy that is rooted in the duty to self-censor. Although Anita L. Allen provides a paternalist justification of (...) the duty that supports my position that social-media users are obligated to self-censor what they reveal about themselves, I justify the obligation through considerations that are more palatable to liberals than is paternalism. I accomplish this by arguing that the failure to self-censor often creates for others undue burdens that individuals are obligated morally not to create. In particular, social-media revelations often create undue burdens for those, such as employers and university personnel, who are obligated morally to respect individuals’ privacy in their decision-making processes. I also demonstrate that this argument is not for a broad duty to self-censor, but, rather, for a narrow duty that applies to particular circumstances such as certain uses of social media. (shrink)

This article explores four major areas of moral concern regarding virtual reality technologies. First, VR poses potential mental health risks, including Depersonalization/Derealization Disorder. Second, VR technology raises serious concerns related to personal neglect of users’ own actual bodies and real physical environments. Third, VR technologies may be used to record personal data which could be deployed in ways that threaten personal privacy and present a danger related to manipulation of users’ beliefs, emotions, and behaviors. Finally, there are other moral and (...) social risks associated with the way VR blurs the distinction between the real and illusory. These concerns regarding VR naturally raise questions about public policy. The article makes several recommendations for legal regulations of VR that together address each of the above concerns. It is argued that these regulations would not seriously threaten personal liberty but rather would protect and enhance the autonomy of VR consumers. (shrink)

In the literature on social research, adherence to the principle of informed consent is sometimes recommended on the ground that the privacy of those being studied is hereby protected. The principle has it that before becoming part of a study, a competent individual must receive information about its purpose, use, etc., and on this basis freely agree to participate. Joan Sieber motivates the employment of informed consent as a way to safeguard research participants' privacy as follows: "A research experience regarded (...) by some as a delightful opportunity for self-disclosure could constitute an unbearable invasion of privacy for... (shrink)

I. Beyond Utilitarianism In the summer of 1982, I published an article called “Missiles and Morals,” in which I argued on utilitarian grounds that nuclear deterrence in its present form is not morally justifiable. The argument of “Missiles and Morals” compared the most likely sort of nuclear war to develop under nuclear deterrence with the most likely sort of nuclear war to develop under American unilateral nuclear disaramament. For a variety of reasons, I claimed diat the number of casualties in (...) a two-sided nuclear war developing under DET would be at least fifteen times greater than the number of casualties in a one-sided nuclear attack developing under UND. If one assumes that human lives lost or saved is the principal criterion by which nuclear weapons policies should be measured, it follows that DET is morally superior to UND on utilitarian grounds only if the chance of a two-sided nuclear war under DET is more than fifteen times less dian the chance of a one-sided nuclear attack under UND. Since I did not believe that the chance of nuclear war under deterrence is fifteen times less than the chance of nuclear war under unilateral nuclear disarmament, I inferred diat utilitaranism failed to justify DET. Indeed, on utilitarian grounds, DET stood condemned. (shrink)

In recent years, neuroscience has been making dramatic progress. The discipline holds great promise but also raises a number of important ethical concerns. Among these is the concern that, some day in the distant future, we will have brain scanners capable of reading our minds, thus making our inner thoughts transparent to others. There are at least two reasons why we might regret our resulting loss of privacy. One is, so the argument goes, that this would undermine our ability to (...) form intimate relations. Another is that the omnipresent gaze of others would render an authentic inner life impossible. I argue that both of these concerns are exaggerated. First, intimacy might flourish through the differential acknowledgement of knowledge as common knowledge; for example, even if I know that both a friend and my taxi driver know that I have kinky sexual fantasies, I might only acknowledge this as common knowledge and, thus, an admissible piece of conversation with my friend, and this differential acknowledgement might be enforced by norms of social interaction. Second, the gaze of others would become much less oppressive if everyone’s inner lives were transparent to everyone else. I also argue that our minds are already partly transparent to others through the use of non-neuroscience-assisted mindreading techniques and, thus, that the latter offer no distinct threat to mind privacy. I offer an additional argument for this conclusion; to wit, that our minds extend beyond our brains. (shrink)

Schadenfreude is the emotion we experience when we obtain pleasure from others’ misfortunes. Typically, we are not proud of it and admit experiencing it only sheepishly or apologetically. Philosophers typically view it, and the disposition to experience it, as moral failings. Two recent defenders of Schadenfreude, however, argue that it is morally permissible because it stems from judgments about the just deserts of those who suffer misfortunes. I also defend Schadenfreude, but on different grounds that overcome two deficiencies of those (...) recent defenses. First, my defense accounts for the wide range of circumstances in which we experience Schadenfreude. Those circumstances often involve feelings and judgments that are less noble and admirable than judgments regarding just deserts. Second, it accounts for the sheepish or apologetic feelings that commonly accompany Schadenfreude. The two recent defenses can account for those feelings only by holding that they are mistaken or misguided. In opposition to those who view Schadenfreude as a moral failing, I argue that it is morally permissible unless it is part of a causal chain that produces an immoral act. The moral permissibility of the emotion is necessary in order for individuals to have the emotional freedom that, in turn, is necessary for their well-being. Schadenfreude’s moral status is similar to a sexual fetish’s. Like a fetish, experiencing Schadenfreude is not immoral in itself, but sharing and discussing it with others is immoral in many contexts. (shrink)

This paper offers a general theory of privacy, a theory that takes privacy to consist in being free from certain kinds of intrusions. On this understanding, privacy interests are distinct and distinguishable from those in solitude, anonymity, and property, for example, or from the fact that others possess, with neither consent nor permission, personal information about oneself. Privacy intrusions have both epistemic and psychological components, and can range in value from relatively trivial considerations to those of profound consequence for an (...) individual’s dignity, integrity, and autonomy. Thus while the focus of this theory is privacy per se— privacy as being free from certain kinds of intrusions—it has significant implications, discussed briefly, for what properly counts as the content of moral or legal rights to privacy. (shrink)

Are there general precepts governing when philosophers should not conduct inquiry on a given topic? When, if ever, should a philosopher just be silent? In this paper we look at a number of practical, epistemic, and moral arguments for philosophical silence. Some are quite general, and suggest that it is best never to engage in philosophical inquiry, while others are more domain - or context - specific. We argue that these arguments fail to establish their conclusions. We do, however, try (...) to identify and defend several substantive constraints on philosophical dialogue and inquiry. In practice, though, respecting these constraints needn't lead to much philosophical silence. (shrink)

This paper examines Harold Garfinkel's notion of the natural attitude about sex and his claim that it is fundamentally moral in nature. The author looks beneath the natural attitude in order to explain its peculiar resilience and oppressive force. There she reveals a moral order grounded in the dichotomously sexed bodies so constituted through boundaries governing privacy and decency. In particular, naked bodies are sex-differentiated within a system of genital representation through gender presentation—a system that helps constitute the very boundaries (...) between the public and private. (shrink)

The right to privacy is one of the rights most widely demanded today. Privacy has not always so been demanded. The reasons for the present concern for privacy are complex and obscure. They obviously relate both to the possibilities for very considerable enjoyment of privacy by the bulk of people living in affluent societies brought about by twentieth-century affluence, and to the development of very efficient methods of thoroughly and systematically invading this newly found privacy. However, interesting and important as (...) it is as a socio-philosophical inquiry, the concern of this paper is not with why privacy has come to be so highly prized, but rather with whether it is rightly prized, and if so, when and why. This means that my concern will be with what privacy is, what is its domain, whether there is a right to privacy, and, if so, whether it is an ultimate, basic, albeit, a prima facie right, or simply a conditional right. (shrink)

Here I distinguish the four logically possible ways in which nuclear weapons might be used: in an all?out nuclear strike, either first or second; or in a limited strike, either first or second. I go on to show that neither of the two most basic moral perspectives, consequentialistic or deontological, would permit nuclear weapons to be used in any of those four ways; nor would they permit an empty threat to use them. Nuclear weapons are thus shown to be morally (...) useless. Given the moral opportunity costs of maintaining this morally useless arsenal, nuclear weapons should therefore be abandoned, universally if possible and unilaterally if need be. (shrink)

Intrinsic value has traditionally been thought to lie at the heart of ethics. Philosophers use a number of terms to refer to such value. The intrinsic value of something is said to be the value that that thing has “in itself,” or “for its own sake,” or “as such,” or “in its own right.” Extrinsic value is value that is not intrinsic.

Is the exemplar of modern ethical theory estranged from their intimates because the motive of duty dominates their motivational psychology? While this challenge against modern ethical theory is familiar, I argue that with respect to a certain strand of Kantian ethical theory, it does not so much as make sense. I explain the content and functional role of the motive of duty in the psychology of the moral exemplar, stressing in particular how that motive shapes and informs the content of (...) others, including those characteristic of intimacy. I argue that to the extent that a subject does not integrate their motive of duty with their other motives, their moral and intimate relationships are compromised, and on the same grounds, because intimate relationships are interpersonal relationships and the motive of duty just is the motive to respect another person as a separate person. (shrink)

Genomic sequencing (GS) is increasingly used in paediatric medicine to aid in screening, research and treatment. Some health systems are trialling GS as a first-line test in newborn screening programmes. Questions about what to do with genomic data after it has been generated are becoming more pertinent. While other research has outlined the ethical reasons for storing deidentified genomic data to be used in research, the ethical case for storing data for future clinical use has not been explicated. In this (...) paper, we examine the ethical case for storing genomic data with the intention of using it as a lifetime health resource. In this model, genomic data would be stored with the intention of reanalysis at certain points through one’s life. We argue this could benefit individuals and create an important public resource. However, several ethical challenges must first be met to achieve these benefits. We explore issues related to privacy, consent, justice and equality. We conclude by arguing that health systems should be moving towards futures that allow for the sequential interrogation of genomic data throughout the lifespan. (shrink)

In this article, I will consider whether, and in what way, doxastic states can harm. I’ll first consider whether, and in what way, a person’s doxastic state can harm her, before turning to the question of whether, and in what way, it can harm someone else.

A central debate in the philosophy of love is whether people can love one another for good reasons. Reasons for love seem to help us sympathetically understand and evaluate love or even count as loving at all. But it can seem that if reasons for love existed, they could require forms of love that are presumably illicit. It might seem that only some form of wishful thinking would lead us to believe reasons for love could never do this. However, if (...) we focus on why reasons for love as such motivate us to love, we find evidence that reasons for love as such do not require or even justify it: all they do is favor it. This result is fine, however, since love never stands in need of justification. We would think otherwise only if we somehow conflate reasons and justifications, or value and permissibility. We must give up such background assumptions if we are to appreciate reasons for love. (shrink)

Today’s reality, largely based on the development of technology, carries with it many dangers for various spheres of our lives. One of the areas most at risk is our privacyand thus our right to privacy. It is one of the fundamental human rights, but unfortunately today it is exposed to many violations. This article is an attempt to interpret the right to privacy, and it shows selected threats to this right from the perspective of the development of new technologies.

European Journal of Philosophy, EarlyView.

Recent decades have seen an unprecedented proliferation of surveillance programs by government agencies. This development has been driven both by technological progress, which has made large scale surveillance operations relatively cheap and easy, and by the threat of terrorism, organized crime and pandemics, which supplies a ready justification for surveillance. For a long time, mass surveillance programs have been associated with autocratic regimes, most notoriously with the German Democratic Republic and the Stasi, its secret police. A more recent case in (...) point is the efforts of the People’s Republic of China to set up a comprehensive surveillance system that assigns citizens a score reflecting their social and political conformity. But the current rise of state mass surveillance is mostly attributable to the new readiness of liberal democracies to monitor their populations. The vast surveillance system uncovered by whistleblower Edward Snowden is maintained and supported by a group of established liberal democracies, including the United States, the United Kingdom, Canada, and many others. While surveillance programs of authoritarian regimes, installed to monitor and quash political dissidents, are uncontroversially unjust, surveillance operations carried out by liberal democracies possess at least some prima facie legitimacy. They are set up with the stated objective of protecting citizens against terrorism, organized crime and pandemics, which few would deny is the duty of any state. Still, the expansion of large-scale surveillance by democratic governments has widely been perceived as objectionable or at least problematic on account of its harmful effects on both individuals and liberal society at large. (shrink)

Two controversial cases in Confucian literature present the demands of filial piety as conflicting with those of impartial justice. Let us call them the Case of Concealment (Analects 18.13) and the Case of Evasion (Mencius 7A53). A dogmatic reading of the texts indicates that both Confucius and Mencius give more weight to filial piety than to justice. This essay, however, provides an alternative reading of the cases: the liberal reading. I argue that the Confucian teachers used the cases as moral (...) dilemmas that force Confucian students to learn how to use a cluster of Confucian virtues, including practical wisdom, discretion, and straight determination, under difficult circumstances. The liberal reading views these moral dilemmas as rhetorical tools; they guide Confucian students in meditative exercises and ultimately transform students’ mode of seeing and being. (shrink)

Purpose Cybersecurity in healthcare has become an urgent matter in recent years due to various malicious attacks on hospitals and other parts of the healthcare infrastructure. The purpose of this paper is to provide an outline of how core values of the health systems, such as the principles of biomedical ethics, are in a supportive or conflicting relation to cybersecurity. Design/methodology/approach This paper claims that it is possible to map the desiderata relevant to cybersecurity onto the four principles of medical (...) ethics, i.e. beneficence, non-maleficence, autonomy and justice, and explore value conflicts in that way. Findings With respect to the question of how these principles should be balanced, there are reasons to think that the priority of autonomy relative to beneficence and non-maleficence in contemporary medical ethics could be extended to value conflicts in health-related cybersecurity. Research limitations/implications However, the tension between autonomy and justice, which relates to the desideratum of usability of information and communication technology systems, cannot be ignored even if one assumes that respect for autonomy should take priority over other moral concerns. Originality/value In terms of value conflicts, most discussions in healthcare deal with the conflict of balancing efficiency and privacy given the sensible nature of health information. In this paper, the authors provide a broader and more detailed outline. (shrink)

Luciano Floridi was not the first to discuss the idea of group privacy, but he was perhaps the first to discuss it in relation to the insights derived from big data analytics. He has argued that it is important to investigate the possibility that groups have rights to privacy that are not reducible to the privacy of individuals forming such groups. In this paper, we introduce a distinction between two concepts of group privacy. The first, the “what happens in Vegas (...) stays in Vegas” privacy (in the following: WHVSV privacy), deals with confidential information shared with the member of a group and inaccessible to (all or a specific group of) outsiders. The second, to which we shall refer as inferential privacy, deals with the inferences that can be made about a group of people defined by a feature, or combination thereof, shared by all individuals in the group. We show why we unreservedly agree with Floridi that groups can have a form of privacy that amounts to more than the mere fact of being sets of individuals each of whom has individual privacy; moreover, like Floridi, we find it plausible that at least some groups (those satisfying our definition of type-a groups) may have a right to a species of group privacy (that is, WHVSV privacy) as groups (and not just as individuals who belong to those groups). However, by turning our attention to the context of big data analytics, we show that the relevant, new notion of group privacy is one of inferential privacy. We argue that an absolute right (either of individuals or groups) to inferential privacy is implausible. We also show that many groups generated algorithmically (those satisfying our definition of type-b groups) cannot be right holders as groups (unless they become type-a groups). (shrink)

In recent years, educational institutions have started using the tools of commercial data analytics in higher education. By gathering information about students as they navigate campus information systems, learning analytics “uses analytic techniques to help target instructional, curricular, and support resources” to examine student learning behaviors and change students’ learning environments. As a result, the information educators and educational institutions have at their disposal is no longer demarcated by course content and assessments, and old boundaries between information used for assessment (...) and information about how students live and work are blurring. Our goal in this paper is to provide a systematic discussion of the ways in which privacy and learning analytics conflict and to provide a framework for understanding those conflicts. -/- We argue that there are five crucial issues about student privacy that we must address in order to ensure that whatever the laudable goals and gains of learning analytics, they are commensurate with respecting students’ privacy and associated rights, including (but not limited to) autonomy interests. First, we argue that we must distinguish among different entities with respect to whom students have, or lack, privacy. Second, we argue that we need clear criteria for what information may justifiably be collected in the name of learning analytics. Third, we need to address whether purported consequences of learning analytics (e.g., better learning outcomes) are justified and what the distributions of those consequences are. Fourth, we argue that regardless of how robust the benefits of learning analytics turn out to be, students have important autonomy interests in how information about them is collected. Finally, we argue that it is an open question whether the goods that justify higher education are advanced by learning analytics, or whether collection of information actually runs counter to those goods. (shrink)

DNA analysis for family reunification is a longstanding and widespread practice, but also a highly problematic one, as it is a battleground of conflicting values and interests, which have to be carefully weighed against each other: on the one hand, the right of the sovereign state to regulate immigration and prevent fraud and child trafficking; on the other hand, the right to privacy and family life. Beyond the problem of how to balance these different interests, DNA analysis for family reunification (...) brings up the broader problem of biologisation/geneticisation of social relations, as this practice appears to reduce family to its mere biological notion. As there is no comprehensive account of the ethical implications of DNA analysis in the context of family reunification, the present paper will try to fill this gap by addressing the three most striking ethical problems posed by this issue: the privacy issues at stake; the problems concerning the conceptual, legal and social definition of family; and the question whether this practice intends to produce the immigrant as discriminated "bare life" or must rather be seen as a symptom of an ongoing general biologisation/geneticisation of sociality, also influencing family reunification procedures. (shrink)

In this paper I examine the prospects for a rights-based approach to the morality of pure risk-imposition. In particular, I discuss a practical challenge to proponents of the thesis that we have a right against being imposed a risk of harm. According to an influential criticism, a right against risk-imposition will rule out all ordinary activities. The paper examines two strategies that rights theorists may follow in response to this “Paralysis Problem”. The first strategy introduces a threshold for when a (...) risk-imposition is a rights violation. The second strategy drops the claim that rights are absolute and maintains that all rights infringements generate compensation duties. It is argued that both strategies face significant practical problems of their own and that the Paralysis Problem seems fatal for a right against risk-imposition in the absence of an adequate account of the morally relevant threshold risk. (shrink)

This paper examines a particularly egregious example of a NIMBY claim and considers three proposals for explaining what about that claim might be ethically problematic: The NIMBY claimant is being selfish or self-serving; The NIMBY claim cannot be morally justified, because respecting everyone's NIMBY claims leaves communities worse off; and if policymakers were to defer to people's NIMBY claims, they would end up perpetuating environmental injustices. We argue that these proposals fail to explain why there is anything wrong with the (...) NIMBY claim per se. (shrink)

The ethical problem of privacy lies at the core of computer ethics and cyber ethics discussions. The extensive use of personal data in digital networks poses a serious threat to the user’s right of privacy not only at the level of a user’s data integrity and security but also at the level of a user’s identity and freedom. In normative ethical theory the need for an informational self-deterministic approach of privacy is stressed with greater emphasis on the control over personal (...) data. However, scant attention has been paid on a virtue ethics approach of information privacy. Plotinus’ discussion of self-determination is related to ethical virtue, human freedom and intellectual autonomy. The Plotinian virtue ethics approach of self-determination is not primarily related to the sphere of moral action, but to the quality of the self prior to moral practice. In this paper, it is argued that the problem of information privacy should be reconsidered in the light of Plotinus’ virtue ethics and his notion of self-determination. (shrink)

El artículo defiende la tesis de que el liberalismo igualitario nos lleva a una teoría de justicia global y, como parte de ésta, a un derecho de inmigración. Así, el peso de la prueba contra la justicia global y la inmigración se desplaza hacia aquéllos que las desean limitar. Un argumento corriente es que las obligaciones especiales hacia nuestros conciudadanos tienen prioridad sobre las obligaciones generales de justicia. El artículo examina argumentos particularistas y reduccionistas a favor de estas obligaciones especiales, (...) y sostiene que éstos no justifican la restricción de la justicia hacia nuestros conciudadanos y tampoco la discrecionalidad total de los estados en el control de sus fronteras. (shrink)

The rule of rescue describes the moral impulse to save identifiable lives in immediate danger at any expense. Think of the extremes taken to rescue a small child who has fallen down a well, a woman pinned beneath the rubble of an earthquake, or a submarine crew trapped on the ocean floor. No effort is deemed too great. Yet should this same moral instinct to rescue, regardless of cost, be applied in the emergency room, the hospital, or the community clinic? (...) -/- In health care, the desire to save lives at any cost must be reconciled with the reality of resource scarcity. As one example, the estimated cost for prophylactic Factor VIII to treat one patient with hemophilia for one year is $300,000. Costs of this magnitude have been accepted by public and private insurers in the developed world, even though, in principle, these sums could provide greater overall health benefit if allocated to pay for the unmet health care needs of many other patients. Looking forward, however, broad application of the rule of rescue will be increasingly untenable. But the moral instinct will remain: the desire to help those weakest among us, especially when their small numbers allow us to see them as unique individuals. What, then, is the ethical framework that can guide coverage and reimbursement decisions for orphan drugs into the future? (shrink)

Philosophers and others concerned with the moral good of personal privacy most often see threats to privacy raised by the development of pervasive computing as primarily being threats to the loss of control over personal information. Two reasons in particular lend this approach plausibility. One reason is that the parallels between pervasive computing and ordinary networked computing, where everyday transactions over the Internet raise concerns about personal information privacy, appear stronger than their differences. Another reason is that the individual devices (...) which can become linked in a pervasive computing environment: PDAs, GPS sensors, RFID chips/readers, publicly-located video surveillance cameras, Internet-enabled mobile phones, and the like, each raise threats to individual privacy. Without discounting the value of this approach, this paper aims to propose an alternative; and, as a result of recasting the threat to individual privacy from pervasive computing, to identify other, and deeper, moral goods that pervasive computing puts at risk that otherwise might remain concealed. In particular, I argue that pervasive computing threatens to compromise what I call existential autonomy: the right to decide for ourselves at least some of the existential conditions under which we form and develop our ways of life, including our relations to information technology. From this perspective, some moral goods at stake in protecting privacy in an environment of pervasive computing emerge that have less to do with furthering human well-being through the promotion of self-identity and subjectivity, than with stimulating curiosity, receptivity to difference, and, most broadly, openness to the world. (shrink)

Many ICT services require that users explicitly consent to conditions of use and policies for the protection of personal information. This consent may become ‘routinised’. We define the concept of routinisation and investigate to what extent routinisation occurs as well as the factors influencing routinisation in a survey study of internet use. We show that routinisation is common and that it is influenced by factors including gender, age, educational level and average daily internet use. We further explore the reasons users (...) provide for not reading conditions and policies and show that they can be grouped in meaningful ways that may delineate different types of routinsation. (shrink)

At the heart of my pragmatic theory of truth and ontology is a view of the relation between language and reality which I term internal justification: a way of explaining how sentences may have truth-values which we cannot discover without invoking the need for the mystery of a correspondence relation. The epistemology upon which the theory depend~ is fallibilist and holistic ; places heavy reliance on modal idioms ; and leads to the conclusion that current versions of realism and anti-realism (...) are deficient. Just as my theory avoids the need for an epistemic 'given', it avoids the need for a metaphysical 'given' or 'joints'. I offer a view of the nature of philosophy and what it can properly achieve with respect to ontological questions ; since those views lead me to believe that philosophical discussion about what exists should be restricted to 'entities' discussed in non-philosophical contexts, my views on how we should understand claims made about the existence of middle-sized physical objects, theoretical entities in science, and abstract entities in mathematics, give the thesis a schematic completeness. My theory leads me to a conception of inquiry which defends the cognitive status of moral statements whilst being critical of Kantian and utilitarian approaches to morality. Chapter 1 explores the views of my closest philosophical allies: William James and Nelson Goodman. (shrink)

This paper argues that individuals do, in a sense, own or have exclusive claims to control their personal information and body parts. It begins by sketching several arguments that support presumptive claims to informational privacy, turning then to consider cases which illustrate when and how privacy may be overridden by public health concerns.

Applied ethics is at a watershed. In all its domains a gulf between the theory of applied ethics and the practice of applied ethics is now being recognized. In medical ethics, for example, it has been observed that “practicing clinicians often feel let down by bioethics.” The disappointment of clinicians is attributed in part to their own unrealistic expectations but is also said to be a function ofthe extent to which bioethics as a discipline doesn't seem to be in possession (...) of the realities of practice. Bioethicists tend to leave the “facts” of clinical medicine to the doctors; their task is then to apply elegant and compelling arguments drawn from first principles of ethics … to these undisputed and indisputable facts. Unfortunately, when the relationship between clinical medicine and bioethics is conceived … [in this way], the result is a very sterile discourse. (shrink)

Thomas Hurka derives rights to punish from what I will term the Libertarian Rights Principle, which is “that there is really only one natural right, namely the equal right of all persons to the most extensive liberty compatible with a like liberty for other persons, and that all other natural rights are species or instances of the right to liberty.” These rights to punish, he says, extend only to punishing violators of rights, never to “punishing” the innocent; extend only to (...) punishing for violations pursuant to intentions publicly announced prior to these violations; are subject to the “upper limit qualification” that a permissible punishment for the violation of a right cannot be an act that would violate a more important right ; and are subject to the “minimum necessary qualification” that a punishment p for violating a right r is not permissible if a punishment p' that would, were it permitted, violate a less important right than would p, would protect r as effectively as would p. (shrink)

Aristotle claims at Eudemian Ethics 1.2 that everyone who can live according to his own choice should adopt some goal for the good life, which he will keep in view in all his actions, for not to have done so is a sign of folly. This is an opinion shared by other ancients as well as some moderns. Others believe, however, that this view is false to the human condition, and provide a number of objections: (1) you can’t plan love; (...) (2) nor life’s surprises; (3) planning a whole life is of no use since the world changes too much; (4) as do our values; and (5) planning a life is something only dreary people would do. The aim of this paper is to examine these objections, as part of a broader attempt to defend the relevance of a eudaimonistic approach to the question of how to live well. (shrink)

Health care professionals are one of a large group of individuals who are exposed to significant risks by virtue of their occupation, such as the police, mountain rescuers, fire-service. The types of risk to which health care professionals are exposed are numerous, many of which remain largely unrecognised by the public and may even be underestimated by the professionals themselves. Examples of these health risks include fatigue, emotional/psychological trauma, physical injury caused by the use of machinery, back injuries, possible even (...) violent physical assault from a patient or hospital visitor. There is also a very significant risk of acquiring an illness in the course of employment, for example, physical damage caused by the prolonged use of toxic substances, and also infectious diseases which are acquired by various routes, such as air-borne infections, needle-stick injuries. Subjective risk evaluation and the notion of risk in health care from the patients' perspective has been widely considered over many years, and in a number of different areas, including medical research, screening procedures, consent to surgery or other medical intervention. In this paper, however, the moral dilemmas which may arise for health care professionals in relation to health risks are highlighted and specific questions are raised. (shrink)

This paper argues that, if one thinks that the needy have a right to the material resources they need in order to lead decent lives, one must be committed, in some cases, to conferring on the sick a right that the healthy give them some of the body parts they need to lead such a life. I then assess two objections against that view, to wit: to confer on the sick a right to the live body parts of the healthy (...) violates the bodily integrity of the latter; and constitutes too much of an interference in their life. I conclude that although the sick sometimes have a right to some of the body parts of the healthy, the latter still retain a considerable degree of autonomy. (shrink)

Modern warfare cannot be conducted without civilians being killed. In order to reconcile this fact with the principle of discrimination in just war theory, the principle is applied through the doctrine of double effect. But this doctrine is morally inadequate because it is too permissive regarding the risk to civilians. For this reason, Michael Walzer has suggested that the doctrine be supplemented with what he calls the idea of double intention: combatants are not only to refrain from intending to harm (...) civilians; they are also to take precautions to reduce risk to civilians, even at the expense of increasing risk to themselves. The article develops the idea of double intention by addressing two questions: What does it mean to intend to reduce civilian risk, and how much should civilian risk be reduced? The results of this discussion are then used to consider a moral issue that arises in technologically asymmetric warfare, namely, the extent to which the use of precision-guided munitions, which allow more accurate targeting, can by itself bear the moral burden imposed by the principle of discrimination. (shrink)

I want to discuss a view of punishment which stresses its ‘expressive’ character and seeks in that its justification. While I shall label this view ‘expressionism’, I should warn that most theorists who express an ‘expressionist’ view do not present it as an exhaustive account, but rather claim to be highlighting an aspect that tends to be neglected within the rationalist framework common to retributivism and utilitarianism. Among contemporary writings I shall focus on Joel Feinberg's article, ‘The Expressive Function of (...) Punishment’ in The Monist 49, No. 4 . While I accept that ‘expression’ usefully sums up much of what underlies punitive practices, I shall urge that the term conceals a variety of more or less amalgamated ingredients which need to be disentangled for critical inspection. I shall argue that under those aspects, punishment's justification continues to be elusive. I do not imagine that these arguments will deter my more punitive colleagues from continuing to seek such justification, but I hope they will search elsewhere. Feinberg writes: Punishment is a conventional device for the expression of attitudes of resentment and indignation, and of judgments of disapproval and reprobation, either on the part of the punishing authority himself or of those ‘in whose name’ the punishment is inflicted. Punishment, in short, has a symbolic significance largely missing from other kinds of penalties. (shrink)

Ethical rationalism has recently dominated the philosophical landscape, but sentimentalist forms of normative ethics (such as the ethics of caring) and of metaethics (such as Blackburn's projectivism and various ideal–observer and response–dependent views) have also been prominent. But none of this has been systematic in the manner of Hume and Hutcheson. Hume based both ethics and metaethics in his notion of sympathy, but the project sketched here focuses rather on the (related) notion of empathy. I argue that empathy is essential (...) to the development of morally required caring about others and also to deontological limits or restrictions on self–concern and other–concern. But empathy also plays a grounding role in moral judgement. Moral approval and disapproval can be non–circularly understood as empathic reflections of the concern or lack of concern that agents show towards other people; and moral utterances can plausibly be seen not as projections, expressions, or descriptions of sentiment but as “objective” and “non–relative” judgements whose reference and content are fixed by sentiments of approval and disapproval. (shrink)