Theorists seeking evidence of moral cognition – whether in human infants, nonhuman animals, or any other population – would benefit from a minimalistic description of what moral cognition is. However, such a definition has proven elusive. Some argue that debates over the existence (or not) of moral cognition in various populations turn on unresolvable semantic disagreement over how to characterize the moral domain. I acknowledge a semantic dimension to some disputes and identify another problem: Often, while sidestepping semantics, researchers rely (...) on logically circular operationalizations, defining moral cognition in terms of elements that are already implicitly understood to be features of moral cognition, while failing to answer the question of what makes these features, or their combination, uniquely moral. The present article proposes a single solution to both problems. The issue of semantics is addressed by the identification of a naturally emerging and distinctive cognitive modality that is necessary to all definitions of moral cognition. The problem of circularity is overcome by a reduction of moral cognition to elements that are, in themselves, nonmoral. I call this distinctive combination of nonmoral elements the “molecular” structure of moral cognition. (shrink)

How does so much gender inequality endure in an era when many laws and policies endorse principles of gender equality? This essay examines this dilemma by considering Susan Moller Okin's criticism of “false gender neutrality,” research on implicit bias, and the shifting relation of gender bias to American law. I argue that these are crucial elements of the modern cycle of gender inequality, enabling it to operate through a perverse “invisible-hand” mechanism. This framework helps convey how underlying gender bias influences (...) individual behaviors that generate, legitimate, and mask broad patterns of inequality. Contemporary legal conflicts reflect many of these dynamics, which appear in controversies over gender-based violence, gender discrimination in pay and promotion, and women's reproductive health care benefits. This analysis advances our understanding of how the contemporary cycle of gender inequality operates, the complex links between individual behavior and structural bias, and the difficulty of pursuing gender justice through prevailing frameworks of law and liberalism. It also underscores the continued importance of feminists' collective work to address “invisible” as well as visible biases. (shrink)

The last twenty-five years of published literature and curriculum development in bioethics suggest that the field enjoys a successful and stable marriage to philosophical ethical theory. However, the next twenty-five years could be very different. I believe the marriage is troubled. Divorce is conceivable and perhaps likely. The most philosophical parts of bioethics may retreat to philosophy departments, while bioethics continues on its current course toward a more interdisciplinary and practical field.I make no presumption that bioethics is integrally linked to (...) philosophical ethical theory. Indeed, I assume that the connection is contingent and fragile. Many individuals in law, theological ethics, political theory, the social and behavioral sciences, and the health professions carefully address mainstream issues of bioethics without finding ethical theory essential or breathtakingly attractive. This is not surprising. Moral philosophers have traditionally formulated theories of the right, the good, and the virtuous in the most general terms. (shrink)

This article concerns the ways in which authors from various fields conceptualise the ethical issues arising in the conduct of research. We reviewed critically and systematically the literature concerning the ethics of conducting research in order to engage in a reflection about the vocabulary and conceptual categories used in the publications reviewed. To understand better how the ethical issues involved in conducting research are conceptualised in the publications reviewed, we 1) established an inventory of the conceptualisations reviewed, and 2) we (...) critically assessed them. We found that the publications reviewed mostly showed examples of descriptive ethics, in that most authors describe ethical issues without reflecting much on them, which could be explained both by 1) a lack of ethical education in research contexts, and 2) by the fact that we do not know what researchers know (or do not) about ethical issues. Additionally, the definitions identified in the publications are scarce and at times imprecise, but this seems more to point out the ethical vocabulary’s difficulties in certain contexts. Further, very few authors offer proper conceptualisations of the ethical issues arising in conducting research. When dealing with vast arrays of ethical issues to conceptualise, perhaps one ought to remember that some typologies already exist that could guide further reflection and help understand other realities for which the current ethical vocabulary may be lacking. We believe that combining the reviewed typologies, both with other well-developed typologies and critical reflection, could help support better ethical practice in conducting research. (shrink)

We all have agent-relative permissions to give extra weight to our own well-being. If you and two strangers are drowning, and you can save either yourself or two strangers, you have an agent-relative permission to save yourself. But is it possible for you to ‘vest’ your agent-relative permissions in a third party – a ‘proxy’ – who can enact your agent-centered permissions on your behalf, thereby permitting her to do what would otherwise be impermissible? Some might think that the answer (...) is ‘no’; it is definitive of agent-centered permissions that they apply only to the individuals ineliminably referenced in the content of that reason, which means that they lack reason-giving force for any ostensible proxy. The purpose of this paper is to show that vesting agent-relative permissions is indeed possible, provide an account of how agent-relative permissions are vested by considering the structure of rights more generally, and show that we have a right to vest such permission in this way. (shrink)

To provide effective guidance for business decisions, a set of ethical principles must be stable over time, rather than responding to changes in the business environment for expediency sake. This article examines the ability of religious principles to maintain such stability by reviewing the historical relationship between commerce and Christianity, beginning with early Christianity and concluding with the Enlightenment.The changes in five constructs are examined: ownership of land, acquisition of wealth, attitude toward work, charging of interest and acceptability of trade. (...) For each construct, the attitude evidenced in early Christianity was, at least to some degree, inimical to business as we view it today. That perspective changed over time, with the practice becoming at first acceptable and later even admired. The authors conclude that ethical principles based on referents from outside business are ineffective as a check on the undesirable effects of business on society. (shrink)

Given that artificial moral agents—such as autonomous vehicles, lethal autonomous weapons, and automated financial trading systems—are now part of the socio-ethical equation, we should morally evaluate their behavior. How should artificial moral agents make decisions? Is one moral theory better suited than others for machine ethics? After briefly overviewing the dominant ethical approaches for building morality into machines, this paper discusses a recent proposal, put forward by Don Howard and Ioan Muntean (2016, 2017), for an artificial moral agent based on (...) virtue theory. While the virtuous artificial moral agent has various strengths, this paper argues that a rule-based utilitarian approach (in contrast to a strict act-utilitarian approach) is superior because it can capture the most important features of the virtue-theoretic approach while realizing additional significant benefits. Specifically, a 2-level utilitarian artificial moral agent incorporating both established moral rules and a utility calculator is especially well-suited for machine ethics. (shrink)

This paper aims to clarify the status of capability in Sen’s idea of justice. Sen’s name is so widely associated with the concept of capability that commentators often assume that his contribution to the study of justice amounts to a capability theory, albeit underdeveloped. We argue that such a reading is misleading. Taking Sen’s reticence about operationalization seriously, we show that his contribution is inconsistent with a capability theory. Instead, we defend the idea that the capability approach plays a heuristic (...) role: capability is a step in his argument against alternative materials, but is not meant as a definitive end. Sen defends a critical perspective primarily to encourage public reasoning and respect for agency as regards the definition of what should count in the evaluation of social states. (shrink)

Our discussion of the commentaries begins, at the evolutionary level, with issues raised by our account of the evolution of morality in terms of partner-choice mutualism. We then turn to the cognitive level and the characterization and workings of fairness. In a final section, we discuss the degree to which our fairness-based approach to morality extends to norms that are commonly considered moral even though they are distinct from fairness.

Attempts to justify the special moral status of human beings over other animals face a well-known objection: the challenge of marginal cases. If we attempt to ground this special status in the unique rationality of humans, then it becomes difficult to see why nonrational humans should be treated any differently than other, nonhuman animals. We respond to this challenge by turning to the social contract tradition. In particular, we identify an important role for the concept of recognition in attempts to (...) secure rights through a social contract. Recognition, which involves identifying with or seeing ourselves as others, is the key to establishing the scope of justice, and we argue that this scope extends to all humans—even the so-called marginal cases—but not to other animals. If this is correct, then we have a principled reason for why all humans have certain rights that other animals lack. (shrink)

What ethical principles should autonomous machines follow? How do we implement these principles, and how do we evaluate these implementations? These are some of the critical questions Vivek Nallur asks in his essay “Landscape of Machine Implemented Ethics (2020).” He provides a broad, insightful survey of answers to these questions, especially focused on the implementation question. In this commentary, I will first critically summarize the main themes and conclusions of Nallur’s essay and then expand upon the landscape that Nallur presents (...) by suggesting additional approaches to machine ethics. The approaches I discuss reflect normative ethical theories and need not be applied only to machines, although machine ethics is the focus here. The overall goal is to open up further questions and research possibilities as society searches for the best approach to machine ethics. (Due to an unfortunate miscommunication with the copy editor an important reference was omitted from this article. The reference that should be included is: Nallur, V. (2020). Landscape of Machine Implemented Ethics. Science and Engineering Ethics 26 (5):2381-2399.). (shrink)

We build a model of the reflective equilibrium method to better understand under what conditions a community of agents would achieve a shared equilibrium. We find that, despite guaranteeing that agents individually reach equilibrium and numerous constraints on how agents deliberate, it is surprisingly difficult for a community to converge on a small number of equilibria. Consequently, the literature on reflective equilibrium has underestimated the challenge of coordinating intrapersonal convergence and interpersonal convergence.

The basic aim of Alvin Goldman’s approach to epistemology, and the tradition it represents, is naturalistic; that is, epistemological theories in this tradition aim to identify the naturalistic, nonnormative criteria on which justified belief supervenes (Goldman, 1986; Markie, 1997). The basic method of Goldman’s epistemology, and the tradition it represents, is the reflective equilibrium test; that is, epistemological theories in this tradition are tested against our intuitions about cases of justified and unjustified belief (Goldman, 1986; Markie, 1997). I will argue (...) that the prospect of having to reject their standard methodology is one epistemologists have to take very seriously; and I will do this by arguing that some current rival theories of epistemic justification are in fact in reflective equilibrium with our intuitions about cases of justified and unjustified belief. That is, I will argue that intuition underdetermines theory choice in epistemology, in much the way that observation underdetermines theory choices in empirical sciences. If reflective equilibrium leads to the underdetermination problem I say it leads to, then it cannot satisfy the aims of contemporary epistemology, and so cannot serve as its standard methodology. (shrink)

Why do people act morally – when they do? Moral philosophers and psychologists often assume that acting morally in the absence of incentives or sanctions is a product of a desire to uphold one or another moral principle (e.g., fairness). This form of motivation might be called moral integrity because the goal is to actually be moral. In a series of experiments designed to explore the nature of moral motivation, colleagues and I have found little evidence of moral integrity. We (...) have found considerable evidence of a different form of moral motivation, moral hypocrisy. The goal of moral hypocrisy is to appear moral yet, if possible, avoid the cost of being moral. To fully reach the goal of moral hypocrisy requires self-deception, and we have found evidence of that as well. Strengthening moral integrity is difficult. Even effects of moral perspective taking – imagining yourself in the place of the other (as recommended by the Golden Rule) – appear limited, further contributing to the moral masquerade. (shrink)

As the COVID-19 pandemic continues to evolve, taking its toll on people’s lives around the world, vaccine passports remain a contentious topic of debate in most liberal democracies. While a small literature on vaccine passports has sprung up over the past few years that considers their ethical pros and cons, in this paper we focus on the question of when vaccine passports are politically legitimate. Specifically, we put forward a ‘public reason ethics framework’ for resolving ethical disputes and use the (...) case of vaccine passports to demonstrate how it works. The framework walks users through a structured analysis of a vaccine passport proposal to determine whether the proposal can be publicly justified and is therefore legitimate. Use of this framework may also help policymakers to design more effective vaccine passports, by incorporating structured input from the public, and thereby better taking the public’s interests and values into account. In short, a public reason ethics framework is meant to encourage better, more legitimate decision-making, resulting in policies that are ethically justifiable, legitimate and effective. (shrink)

This response agrees with Stanovich's emphasis on the need for decentering, and, in response to Beyth-Marom, attempts to clarify the normative-prescriptive-descriptive distinction and point in the direction of prescriptive models. It takes issue with Cabanac and with Lindsay & Gorayska.

In refutation of hedonism, Nozick offered a hypothetical thought experiment, known as the Experience Machine. This paper maintains that end-of-life-suffering of the kind that is resistant to state-of-the-art palliation provides a conceptually equal experiment which validates Nozick’s observations and conclusions. The observation that very many terminal patients who suffer terribly do no wish for euthanasia or terminal sedation is incompatible with motivational hedonism. Although irreversible vegetative state and death are equivalently pain-free, very many people loath the former even at the (...) price of the latter. This attitude cannot be accounted for by hedonism. Following these observations, the goals of palliative care are sketched along four circles. The first is mere removal or mitigation of noxious symptoms and suffering. The second targets sufferings that stymie patients’ life-plans and do not allow them to be happy, the third targets sufferings that interfere with their pursuance of other goods (palliation as a primary good). The fourth is the control of sufferings that do not allow the person to benefit from any human good whatsoever (“total pain” or critical suffering). Only in the fourth circle are people hedonists. (shrink)

According to a simple form of consequentialism, we should base decisions on our judgments about their consequences for achieving our goals. Our goals give us reason to endorse consequentialism as a standard of decision making. Alternative standards invariably lead to consequences that are less good in this sense. Yet some people knowingly follow decision rules that violate consequentialism. For example, they prefer harmful omissions to less harmful acts, they favor the status quo over alternatives they would otherwise judge to be (...) belter, they provide third-party compensation on the basis of the cause of an injury rather than the benefit from the compensation, they ignore deterrent effects in decisions about punishment, and they resist coercive reforms they judge to be beneficial. I suggest that nonconsequentialist principles arise from overgeneralizing rules that are consistent with consequentialism in a limited set of cases. Commitment to such rules is detached from their original purposes. The existence of such nonconsequentialist decision biases has implications for philosophical and experimental methodology, the relation between psychology and public policy, and education. (shrink)

This paper presents an intuitive explanation about why and how Rawlsian Theory of Justice (Rawls in A theory of justice, Harvard University Press, Harvard, 1971) provides the foundations to a solution for algorithmic bias. The contribution of the paper is to discuss and show why Rawlsian ideas in their original form (e.g. the veil of ignorance, original position, and allowing inequalities that serve the worst-off) are relevant to operationalize fairness for algorithmic decision making. The paper also explains how this leads (...) to a specific MinMaxfairness solution, which addresses the basic challenges of algorithmic justice. We combine substantive elements of Rawlsian perspective with an intuitive explanation in order to provide accessible and practical insights. The goal is to propose and motivate why and how the MinMaxfairness solution derived from Rawlsian principles overcomes some of the current challenges for algorithmic bias and highlight the benefits provided when compared to other approaches. The paper presents and discusses the solution by building a bridge between the qualitative theoretical aspects and the quantitative technical approach. (shrink)

In this introduction, we provide a brief overview of the debate on religion in political philosophy. We present the main arguments defended by Cécile Laborde in Liberalism’s Religion and explain how these arguments contribute to the debate.

This article pays close attention to Michel Foucault's theory that political regimes are enlightened through courageous free speech. A Foucaultian enlightenment occurs not when philosophical reason completely replaces superstition and enthusiasm in the public sphere, but instead when the parrhesiast partially organizes competing claims to know and to speak the truth. While much of the recent scholarly literature on Foucault’s later lectures emphasizes the political importance of the parrhesiast, less attention has been paid to the overlap and/or incompatibility between parrhesia (...) and the other modes of truth-telling. Below, I explain Foucault’s analysis of the basic modes of philosophical truth-telling: prophesy, philosophy, teaching, and parrhesia. I provide examples of speakers working within these modes in the ancient and modern world. I explain the overlap and tension between these modes, and I analyze Foucault’s partial organization of them through the image of the parrhesiast. I briefly compare Foucault’s position to the agonistic democratic theory of Chantal Mouffe and distinguish Foucault’s view from consensus-based views of public reason. Finally, I provide practical and theoretical examples of parrhesiastic activity in the contemporary world. (shrink)

Though multiple realization has been an important concept in the philosophy of mind and philosophy of psychology for more than fifty years, it has not been until quite recently that anyone proposed an actual theory of what multiple realization is. This paper argues that the most dominant current theories of multiple realization are unacceptable. It does so by mainly arguing for a particular methodology for theorizing about multiple realization. Rather than being mostly constrained by intuitions, as theorizing about folk notions (...) usually is, theorizing about multiple realization is, it argues, constrained by the theoretical context in which the concept was born. By the lights of this method for constructing theories of multiple realization, these current theories are unacceptable. (shrink)

The Kantian moral foundations of Nozickian libertarianism suggest that the claim that self‐ownership grounds only negative rights to property should be rejected. The moral foundations of Nozick's libertarianism better support basing property rights on moral desert. It is neither incoherent nor implausible to say that need can be a basis for desert. By implication, the libertarian contention that persons ought to be respected as persons living self‐shaping lives is inconsistent with the libertarian refusal to accept that claims of need can (...) sometimes outweigh claims to property. (shrink)

Many anti-obesity policies face a variety of ethical objections. We consider one kind of anti-obesity policy — modifications to food assistance programs meant to improve participants' diet — and one kind of criticism of these policies, that they are inequitable. We take as our example the recent, unsuccessful effort by New York State to exclude sweetened beverages from the items eligible for purchase in New York City with Supplemental Nutrition Support Program assistance. We distinguish two equity-based ethical objections that were (...) made to the sweetened beverage exclusion, and analyze these objections in terms of the theoretical notions of distributive equality and social equality. First, the sweetened beverage exclusion is unfair or violates distributive equality because it restricts the consumer choice of SNAP participants relative to non-participants. Second, it is disrespectful or violates social equality to prohibit SNAP participants from purchasing sweetened beverages with food stamps. We conclude that neither equity-based ethical objection is decisive, and that the proposed exclusion of sugar-sweetened beverages is not a violation of either distributive or social equality. (shrink)

This article examines Russell Hardin's interpretation of Hume's argument that great social order depends on coordination convention. The main argument shows that despite an apparent move in that direction Hume's main argument is that justice and the other convention-based virtues rest on a cooperative convention which solves a prisoner's dilemma problem and that states are required when a society exceeds some small size because only states can solve the large number prisoner's dilemma problems that constitute the 'problem of social order'. (...) In this Hume's argument is indebted to the original form of this argument found in Hobbes's Leviathan. (shrink)

This article argues that Honneth’s ‘plural conception of justice’, founded on a theory of recognition, does not succeed in distancing itself from Rawls’ liberal theory of justice. The article develops its argument by evaluating three major objections to Rawls’ liberalism raised by Honneth in his recent articles on justice: namely, first, that the parties responsible for choosing principles of justice are too individualistic and their practical reasoning too instrumentalist; second, that by taking as its ‘object-domain’ the negative liberty of persons, (...) Rawls’ theory fails to promote the actual realization of liberty; and finally, that Rawls’ method of principle justification undermines the ‘priority’ of its Kantian ‘formality’ by presupposing a substantive commitment to a conception of individual good. Arguing that Honneth’s interpretation of Rawls’ theory contains important errors, the article concludes that both theories share the basic intention of securing for all citizens the material and institutional conditions for the actualization of otherwise merely formal liberties or, in Honneth’s terms, mutual self-realization. (shrink)

This piece comprises short presentations given by contributors to a symposium organized by the journal Ethics & Social Welfare on the theme of global ethics for social work. The contributors offer their reflections on the extent to which universally accepted international statements of ethical principles in social work are possible or useful, engaging with debates about cultural diversity, relativism and the relevance of human rights in non-Western countries.

As the interest in the quality of work life grows, it becomes increasingly apparent that certain practices within this arena require critical scrutiny. This paper is an examination of one such area, performance appraisal (PA). We examine some of the main conceptual issues in PA, and we sketch some key, practical dilemmas that may arise in the use of PA. We conclude that one can morally justify the use of PA under certain condition, and we suggest possible solutions to key (...) ethical dilemmas that are faced by the manager and the employee. (shrink)

The most common solutions to the problem of high pharmaceutical prices have taken the form of regulations, price negotiations, or changes in drug coverage by insurers. These measures for the most part transfer the burden of drug expenditures between pharmaceutical companies and payers or between payers. The aim of this study is to propose an alternative model for the relationship between the main stakeholders involved in the price setting and purchasing of pharmaceuticals, one that encourages a more cooperative approach. We (...) draw from principles of ethics and health economics and apply them to the context of the pharmaceutical industry. The model prioritises two objectives, to make drugs financially accessible to the patients who need them, and to keep pharmaceutical companies viable and profitable. It is centered around the sharing of financial risk between the main stakeholders, which we describe as ‘enlightened risk sharing’. After establishing the foundations of this model, we expand on the type of policies that can follow these principles with current day examples. (shrink)

In this paper I present two reasons why generalized skill-selection--a policy whereby skill, education, and economic independence are indefinitely prioritized in immigration decisions--is pro tanto unjust. First, such policies feed into existing biases, exacerbating status harms for low-SES citizens. The claim that we prefer the skilled to the unskilled, the educated to the uneducated, and the financially secure to the insecure is also heard by citizens. And there is considerable overlap between this message and the stereotypes and biases that set (...) their social status. Skill-selection can reinforce these biases, offering state support for the claim that they are less desirable as members of the society. -/- Second, the need for skilled immigrants ordinarily depends upon and reinforces failures of fair equality of opportunity (FEO). According to the dependency thesis, the need for skilled migrants stems from a failure to ensure domestic FEO. Many low-SES residents would desire to work, for example, as doctors or nurses. However, unequal education, as well as poverty and debt, have made such opportunities largely inaccessible. According to the reinforcement thesis, skill-selection disincentivizes the pursuit of FEO. A state that can meet domestic labor needs through less costly immigration policies will be disinclined to pursue programs designed to equalize opportunities for low-SES residents. -/- Generalized skill-selection in high-income countries like the US is, therefore, pro tanto unjust. However, this is not an argument for excluding the skilled. Skilled immigrants can be admitted through other policies—open borders, family-reunification, or a lottery—without the state signaling that the skilled are more desirable or perpetuating failures of FEO. And states can, responding to local emergencies, temporarily select for particular professions without contributing to these injustices. These concerns only arise when skill is generally and indefinitely prioritized. (shrink)

(2010). Response to Open Peer Commentaries on “How to Do Research Fairly in an Unjust World”. The American Journal of Bioethics: Vol. 10, No. 6, pp. W4-W6.

Theories of economic justice are characteristically based on abstract ethical concerns often unrelated to practical distributive results. Two decades ago, Rawls's theory of justice began as a reaction against the alleged ‘sacrifices’ condoned by utilitarian theory. One variant of this objection is that utilitarianism permits gross inequalities, severe deprivations of individual liberty, or even the enslavement of society's least well-off individuals. There are, however, more subtle forms of the objection. In Rawls, it is often waged without any claim that utilitarianismdoesin (...) fact imply such gross deprivations in actual realworld circumstances. A second variant hinges, rather, on the milder claim that utilitarianismcouldcondone such deprivations or sacrifices in somepossibleworld—the objection being that utilitarianism improperly makes justice contingent, or uncertain, in this way. A third, still more abstract, variant would be that utilitarianism is flawed—not because of any practical distributive result, actual or hypothetical, but intheory—due to the way it treats individuals' interests, or the ‘concept of persons’ it presupposes. (shrink)

Robert Bellah’s article “Community Properly Understood…” is critical of the conventional conception of community as a product of consensus established by shared values and goals among people of common social reality. The need for such a critical approach is arguably encouraged by the rather imprecise deployment of the notion of community in the vast communitarian literature, a deployment which truly raises issues of concern over what the term ‘community’ really means. Bellah’s article is one of the numerous responses to this (...) quest. This paper challenges Bellah’s view on community and offers some arguments to demonstrate why his conception of community may not be adequate. While the uniqueness of his argument is not in doubt, the paper argues that Bellah commits a straw man fallacy by conflating a normative question, “what ought we to do to achieve a working and progressive community?” with the descriptive question, “what is community?” The paper argues that an adequate conception of community must be such that its conception is acceptable to both the liberals and the communitarians. To achieve this, the paper introduces the notion of shared spaces to the conceptualization of the concept of community, and thereby arrives at the definition of community in terms with which both sides of the debate can relate. The paper concludes that with an appropriate concept of community, it would be obvious, contrary to the popular opinion, that liberals and communitarians are both committed to the survival of the community, and that they only differ in their respective approaches to achieving this common goal. (shrink)

This paper aims to show that to reduce the level of exploitation present in (some) international clinical trials, research sponsors must aim to provide both an ex-ante expected gain in utility and a fair ex-post distribution of benefits for research subjects. I suggest the following principles of fair risk distribution in international research as the basis of a normative definition of fairness: (a) Persons should not be forced (by circumstance) to gamble in order to achieve or protect basic goods; (b) (...) In cases where one party is gambling with basic goods and the other party is not, the distribution of benefits and burdens must be arranged so that they are of greatest benefit to the worst off; (c) In relationships where one party is gambling for basic goods and the other party is not, the party gambling for basic goods must be assured of some guaranteed benefits in addition to the chance of gaining some potential benefits.These principles are applied to the case of HIV international research. I conclude that the research (as described) is mutually advantageous but still exploitative because the distribution of surplus benefits is unfair. It is unfair because research subjects are gambling with and for basic goods but they are not assured of a fair ex-post distribution of benefits. Principles (b) and (c) are not satisfied. Research participants are not accorded enough guaranteed benefits to outweigh the risks they undertake. (shrink)

Though modern non-cognitivists in ethics characteristically believe that values are irreducible to facts, they nevertheless believe that values are determined by facts, viz., those specified in functionalist, explanatory theories of the evolutionary origin of morality. The present paper probes the consistency of this position. The conventionalist theories of Hume and Harman are examined, and are seen not to establish a tight determinative reduction of values to facts. This result is illustrated by reference to recent theories of the sociobiological mechanisms involved (...) in moral evolution. Though explanatory theories have linguistic implications,exaggerated in Harman's linguistic form of social relativism, there is also failure to establish the semantic reductionism which non-cognitivists reject under the rubric of ethical naturalism. It is concluded that explanatory forms of naturalism, the best of which is a functionalist-utilitarian account, are compatible with the fact/value distinction. (shrink)

Two deficiencies characterize the vast critical literature that has accumulated around Dworkin's theory of law. On the one hand, the main lines of the debate tend to get lost in the crossfire of objections by critics and rejoinders by Dworkin — with little dialogue between the critics, or any systematic interrelation or resolution of these largely isolated disputes. On the other hand, such arguments on various points of Dworkin's Jurisprudence tend to neglect or obscure underlying issues in philosophical ethics. The (...) present essay is a critical analysis addressing each of these deficiencies in an attempt both to clarify and to advance the debate. The analysis hinges on three basic propositions: (1) that this debate in Jurisprudence has overlooked relevant issues about the nature of moral values; (2) that theories of law, in general, are best assessed in terms of separate descriptive and normative issues, corresponding to a fact/value distinction in ethics; and (3) that the debate on Dworkinian rights has assumed a confused and historically superficial contrast with the utilitarian tradition, in ethical theory as well as in philosophy of law. (shrink)

This paper does two things. First, it argues for a metaphilosophical view of conceptual analysis questions; in particular, it argues that the facts that settle conceptual-analysis questions are facts about the linguistic intentions of ordinary folk. The second thing this paper does is argue that if this metaphilosophical view is correct, then experimental philosophy is a legitimate methodology to use in trying to answer conceptual-analysis questions.

The British National Health Service (BNHS) was founded, to quote Minister of Health Aneurin Bevan, to ‘universalise the best’. Over time, however, financial constraints forced the BNHS to turn to incrementalist budgeting, to rationalise care and to ask its practitioners to act as gatekeepers. Seeking a way to ration scarce tertiary care resources, BNHS gatekeepers began to use chronological age as a rationing criterion. Age-rationing became the ‘done thing’ without explicit policy directives and in a manner largely invisible to patients, (...) to Parliament, and to the public. The invisibility of the practice, however, violates the publicity principle that John Rawls and other philosophers believe essential to fairness. BNHS invisible age-rationing practices are thus a test case of the principle that fairness presupposes publicity; they raise the question: is it possible to preserve equitability in a system that uses non-public criteria to allocate scarce resources? To seek an answer, published data on access to end-stage renal disease (ESRD) treatment in Britain and the European Community (EC) are analysed. Among the findings are: that BNHS age-rationing acts as an excuse for denying care to those most likely to need ESRD treatment; and is, moreover, arbitrary and inequitable. It is further argued that no age-rationing policy can sustain visibility, and that, if the BNHS is to be fair to its patients, it must reform its present age-rationing practices, replacing them by a publicly visible, outcome-based rationing policy that rations either in terms of QALYs or triage categories. (shrink)

Whereas professional persuasion is a means to an immediate and instrumental end, ethical persuasion must rest on or serve a deeper, morally based final end. Among the moral final ends of journalism, for example, are truth and freedom. There is a very real danger that advertisers and public relations practitioners will play an increasingly dysfunctional role in the communications process if means continue to be confused with ends in professional persuasive communications. Means and ends will continue to be confused unless (...) advertisers and public relations practitioners reach some level of agreement as to the moral end toward which their efforts should be directed. In this article we advance a five-part test that defines this moral end, establishes ethical boundaries that should guide persuasive practices, and serves as a set of action-guiding principles directed toward a moral consequence in professional persuasion. The TARES Test consists of five principles: Truthfulness, Authenticity, Respect, Equity and Social Responsibility. We provide checklists to guide the practitioner in moral reflection and application of TARES Test principles. (shrink)

In spite of its dominance, there are well-known problems with Rawls’s method of reflective equilibrium (MRE), as a method of justification in meta-ethics. One issue in particular has preoccupied commentators, namely, the capacity of this method to provide a convincing account of the objectivity of our moral beliefs. Call this the Lack-of-Objectivity Charge. One aim of this article is to examine the charge within the context of Rawls’s later philosophy, and I claim that the lack-of-objectivity charge remains unanswered. A second (...) aim of this article is to examine the extent to which, despite Rawls’s express intention to avoid reliance on Kant’s moral philosophy, supplementing Rawls’s political constructivism with some Kantian elements, in particular Kant’s idea of a universal principle of right, not only addresses some of the issues raised by the lack-of-objectivity charge, but also does so without compromising the ability of the Rawlsian account to accommodate the pluralism of conceptions of the good, which he takes to be a fact of modern democracies. I argue for a revised justificatory methodology, which combines Rawls’s MRE and Kant’s Critical Method. (shrink)