This paper criticizes the consequentialist theory recently put forward by Fred Feldman. I argue that this theory violates two crucial requirements. Another theory, proposed by Peter Vallentyne, is similarly flawed. Feldman's basic ideas could, however, be developed into a more plausible theory. I suggest one possible way of doing this.

This paper seeks to identify a mid-level unifying ethical principle that may help clarify and articulate the ethical responsibilities of business firms in the field of marketing ethics. The paper examines critically the main principles which have been proposed to date in the literature, namely consumer sovereignty, preserving the conditions of an acceptable exchange, paternalism, and the perfect competition ideal, and concludes that all of them are vulnerable to damaging criticisms. The paper articulates and defends the mutuality principle as the (...) most plausible candidate for the role of master principle in the relations between a firm and its customers. This principle requires that sellers look for reciprocity in their relations with their customers, seeking to provide to their customers something that helps them improve in some way their well-being and is commensurate with what they receive from them. (shrink)

Current orthodoxy in research ethics assumes that subjects of clinical trials reserve rights to withdraw at any time and without giving any reason. This view sees the right to withdraw as a simple extension of the right to refuse to participate all together. In this paper, however, I suggest that subjects should assume some responsibilities for the internal validity of the trial at consent and that these responsibilities should be captured by contract. This would allow the researcher to impose a (...) penalty on the subject if he were to withdraw without good reason and on a whim. This proposal still leaves open the possibility of withdrawing without penalty when it is in the subject's best interests to do so. Giving researchers recourse to legal remedy may now be necessary to protect the science, as existing methods used to increase retention are inadequate for one reason or another. (shrink)

This paper explores the implications that the construction and use of avatars in games such as Second Life and World of Warcraft have for our understanding of personal identity. It asks whether the avatar can meaningfully be experienced as a separate person, existing in parallel to the flesh and blood player. A rehearsal of Cartesian and Lockean accounts of personal identity constructs an understanding of the self that is challenged by the experience of online play. It will be argued that (...) playful engagement in virtual worlds invites the participant to reflect upon the human being as embodied and social; qualities of which are marginalised by Descartes and Locke. The strangeness of this experience of virtual worlds confronts the player with a challenge to construct a coherent narrative of online life, of which treating the avatar as a separate person is a coherent option. This opens up the virtual world as an important space within which personal identity is explored, but one with complex implicati... (shrink)

It is now broadly accepted that disability is a concept infused with both descriptive and evaluative meaning, such that invoking the concept of disability necessarily involves making judgements of moral value as well as describing certain facts about individuals. This paper aims to map the complex terrain that shapes our current understandings of disability by outlining five distinct ‘discourses of disability’. It is shown how the similarities and differences between the discourses hinge on different ways of making sense of the (...) descriptive and evaluative dimensions of the concept, and the relationships between these dimensions. The paper concludes by considering the specific implications that these different ways of elucidating the concept of disability might have for the provision of clinical ethics support, both in terms of shaping ethical decision-making relating to people with disabilities and in terms of framing the process of providing clinical ethics support itself. (shrink)

In this paper I make a contribution to three distinct, but deeply interwoven subjects. Firstly, I argue that, at the level of ideal theory, the distribution of educational goods should follow a sufficientarian pattern and that the evaluative space of children’s advantage should be inspired by the capability approach. Secondly, the paper is delving into the more policy-oriented debates on the desirability of school choice. I argue that, given the non-ideal circumstances in which decision makers have to act, giving parents (...) the opportunity to choose the school for their children is a sine qua non condition for even approaching the ideals of sufficientarian justice. Lastly, I move the discussion on more empirical grounds, advancing a criticism of the Romanian educational legislation. I argue that the sufficiency-constrained school choice system that I envision could solve some of the problems that the Romanian educational system faces today. (shrink)

The non-identity problem arises when our actions in the present could change which people will exist in the future, for better or worse. Is it morally better to improve the lives of specific future people, as compared to changing which people exist for the better? Affecting the timing of fetuses being conceived is one case where present actions change the identity of future people. This is relevant to questions of public health policy, as exemplified in some responses to the Zika (...) epidemic. There is philosophical disagreement about the relevance of non-identity: some hold that non-identity is not relevant, while others think that the only morally relevant actions are those that affect specific people. Given this disagreement, we investigated the intuitions about the moral relevance of non-identity within an educated sample of the public, because there was previously little empirical data on the public’s views on the non-identity problem. We performed an online survey with a sample of the educated general public. The survey assessed participants’ preferences between person-affecting and impersonal interventions for Zika, and their views on other non-identity thought experiments, once the non-identity problem had been explained. It aimed to directly measure the importance of non-identity in participants’ moral decision-making. We collected 763 valid responses from the survey. Half of the participants (50%) had a graduate degree, 47% had studied philosophy at a university level, and 20% had read about the non-identity problem before. Most participants favoured person-affecting interventions for Zika over impersonal ones, but the majority claimed that non-identity did not influence their decision (66% of those preferring person-affecting interventions, 95% of those preferring impersonal ones). In one non-identity thought experiment participants were divided, but in another they primarily answered that impersonally reducing the quality of life of future people would be wrong, harmful and blameworthy, even though no specific individuals would be worse off. Non-identity appeared to play a minor role in participants’ moral decision-making. Moreover, participants seem to either misunderstand the non-identity problem, or hold non-counterfactual views of harm that do not define harm as making someone worse off than they would have been otherwise. (shrink)

This article brings together two debates in bioethics more substantively than has been the case until now. One is the methodological debate over "principlism," i.e., the theoretical framework for analyzing and solving ethical problems proposed by Beauchamp and Childress in Principles of Biomedical Ethics. The other is the normative debate about reproductive ethics, i.e., procreative rights and obligations in a time of pervasive opportunities for making detailed choices about the properties and capacities of future people. The obvious point of bringing (...) the debates together is to show how they can illuminate each other in fruitful ways consistent with the method of reflective equilibrium endorsed in PBE. Furthermore, discussions of reproductive ethics is almost absent in PBE, making it an interesting "test case" on how principlist theory can have an impact on and be affected by confrontations with new practices and considerations in biomedicine. Reproductive ethics is especially interesting due to the so-called non-identity considerations, which pose a challenge to common morality views on harm to and respect for persons. My focus is mainly on some methodological points about the import of concrete normative discussions for formulating basic normative principles. However, I unfold a number of substantial points in order to demonstrate this. It is my impression that most writers on principlism underestimate the effect of engaging with concrete problems. Specifically, I conclude that reflecting on procreative obligations provides strong reasons for specifying the basic principles in ways that uncover new dimensions of them and not just new applications. _Key words: _principlism, reproductive ethics, non-identity problem, nonmaleficence, respect for persons. (shrink)

The egalitarian values of equality and priority are standardly given maximal scope in that they are applied to the overall condition of peoples' lives and to temporally complete lifetimes. They are also standardly restricted to interpersonal choices. This paper argues that egalitarian values can also reasonably be applied to particular dimensions of lives, to people at particular times, and to choices made about one person's life. It contends that these special applications of egalitarianism are easier to defend in the case (...) of priority than in the case of equality. (shrink)

The American Journal of Bioethics, Volume 12, Issue 4, Page 24-26, April 2012.

Different conceptions of the nature of subjects of experience have very different implications for the sort of relationship which exists between subjects and their experiences. On my preferred view, since subjects consist of nothing but capacities for experience, the ‘having’ of an experience amounts to a subject’s producing it. This relationship may look to be problematic, but I argue that here at least appearances are deceptive. I then move on to consider some of the ways in which experiences can seem (...) to have subjects or owners, and argue that those who take a ‘sense of self’ to be an essential feature of all forms of consciousness may well be mistaken. (shrink)

In engaging with the repugnant conclusion many contemporary philosophers, economists and social scientists make claims about what a minimally good life is like. For example, some claim that such a life is quite good by contemporary standards, and use this to defend classical utilitarianism, whereas others claim that it is not, and use this to uphold the challenge that the repugnant conclusion poses to classical utilitarianism. I argue that many of these claims—by both sides—are not well-founded. We have no sufficiently (...) clear sense of what a minimally good life is like. It is a result of this that the repugnant conclusion doesn’t license us in drawing any interesting conclusions. (shrink)

Negative duties are duties not to perform an action, while positive duties are duties to perform an action. This article focuses on the question of who holds the positive duties correlative to human rights. I start by outlining the Universal Scope Thesis, which holds that these duties fall on everyone. In its support, I present an argument by analogy: positive and negative duties correlative to human rights perform the same function; correlative negative duties are generally thought to be universal; by (...) analogy, we have reason to think that positive duties are held by everyone. I then consider three disanalogies that challenge the above argument. To address these worries, I introduce the notion of ‘aggregative duties’ – duties that can only be adequately grasped when we focus on the aggregate effect of the actions and omissions of different agents. This framework allows me to refine the initial thesis and address the objections. (shrink)

(1999). A Singular and Representative Life: Personal Memory and Systematic Harms. Canadian Journal of Philosophy: Vol. 29, Supplementary Volume 25: Civilization and Oppression, pp. 227-257.

Kripke’s argument against functionalism extended to physical computers poses a deep philosophical problem for understanding the standard view of what computers are. The problem puts into jeopardy the definition in the standard view that computers are physical machines for performing physical computations. Indeed, it is entirely possible that, unless this philosophical problem is resolved, we will never have a good understanding of computers and may never know just what they are.

Many countries tightly ration access to publicly funded fertility treatments such as in vitro fertilisation. One basis for excluding people from access to IVF is their body mass index. In this paper, I consider a number of potential justifications for such a policy, based on claims about effectiveness and cost-efficiency, and reject these as unsupported by available evidence. I consider an alternative justification: that those whose subfertility results from avoidable behaviours for which they are responsible are less deserving of treatment. (...) I ultimately stop short of endorsing or rejecting such a justification, though highlight some reasons for thinking it is unlikely to be practicable. (shrink)

In this article, we outline a novel approach to understanding the role of responsibility in health promotion. Efforts to tackle chronic disease have led to an emphasis on personal responsibility and the identification of ways in which people can ‘take responsibility’ for their health by avoiding risk factors such as smoking and over-eating. We argue that the extent to which agents can be considered responsible for their health-related behaviour is limited, and as such, state health promotion which assumes certain forms (...) of moral responsibility should be avoided. This indicates that some approaches to health promotion ought not to be employed. We suggest, however, that another form of responsibility might be more appropriately identified. This is based on the claim that agents have prudential reasons to maintain their health, in order to pursue those things which make their lives go well—i.e. that maintenance of a certain level of health is rational for many agents, given their pleasures and plans. On this basis, we propose that agents have a self-regarding prudential responsibility to maintain their health. We outline the implications of a prudential responsibility approach to health promotion. (shrink)

Since his article, ‘Outline for a Decision Procedure in Ethics,’ John Rawls has advocated a coherentist moral epistemology according to which moral and political theories are justified on the basis of their coherence with our other beliefs, both moral and nonmoral. A moral theory which is maximally coherent with our other beliefs is in a state which Rawls calls ‘reflective equilibrium’. In A Theory of Justice Rawls advanced two principles of justice and claimed that they are in reflective equilibrium. He (...) defended this claim by appeal to a hypothetical contract; he argued that parties in a position satisfying certain informational and motivational criteria, which he called ‘the original position,’ would choose the following two principles of justice to govern the basic structure of their society. (shrink)

What is the nature of human well-being? This paper joins the ancient debate by rejuvenating an ancient claim that is quite unfashionable among moral philosophers today, namely, the Aristotelian claim that moral virtue is (non-instrumentally) necessary for human well-being. Call it the Aristotelian Virtue Condition (AVC). This view can be revived for contemporary debate by a state-of-the-art approach that we might call constructivist experimental philosophy, which takes as its goal the achievement of a reasonable constructivist account of well-being and takes (...) the investigation of actual folk intuitions as the central means to achieving that goal. The paper motivates this approach and challenges the commonplace philosophical rejection of AVC by arguing (1) that folk intuitions should count as evidence in the debate, especially if we aim at a constructivist account of well-being, (2) that folk intuitions can be accurately elicited through a thought experiment (the “Crib Test”), and (3) that there is some reason (subject to experimental confirmation) for thinking that folk intuitions, thus elicited, support AVC. Aristotelian ethics, and indeed the entire virtue ethics tradition, has come under fire recently by empirically informed philosophers who question the empirical adequacy of the postulation of robust character traits, but regardless of how that debate turns out, other parts of this tradition might be empirically supported rather than undermined. This paper sketches a promising, empirically informed way of supporting Aristotelian views of well-being. (shrink)

Some empirical findings seem to show that people value health benefits differently depending on the age of the beneficiary. Health economists and philosophers have offered justifications for these preferences on grounds of both efficiency and equity. In this paper, I examine the most prominent examples of both sorts of justification: the defence of age-weighting in the WHO's global burden of disease studies and the fair innings argument. I argue that neither sort of justification has been worked out in satisfactory form: (...) age should not be taken into account in the framework of the burden of disease measure, and on the most promising formulations of the fair innings argument, it turns out to be merely an indicator of some other factor. I conclude by describing the role of age in theories of justice of healthcare resource allocation. (shrink)

Having taught management ethics for several years, I have been repeatedly frustrated by the practical mismatch between management problems and moral philosophy…. Unless we can connect ethical theory more closely with management practice, we may be dressing our business curriculum windows with philosophical finery but failing to meet the urgent need for clarity of thought in management ethics.

Philosophically, the most interesting objection to the reliance on advance directives to guide treatment decisions for formerly competent patients is the argument from the loss of personal identity. Starting with a psychological continuity theory of personal identity, the argument concludes that the very conditions that bring an advance directive into play may destroy the conditions necessary for personal identity, and so undercut the authority of the directive. In this article, I concede that if the purpose of a theory of personal (...) identity is to provide an answer to the question What is it for a person to persist over time?, then reflection on personal identity poses a potentially serious threat to the moral authority of advance directives. However, as Marya Schechtman observes, questions about how a single person persists through change are not what most of us are interested in when we think about who a person is. Rather, we are interested in what it means to say that a particular set of actions, experiences, and characteristics is that of a given person rather than someone else. (shrink)

Philosophically, the most interesting objection to the reliance on advance directives to guide treatment decisions for formerly competent patients is the argument from the loss of personal identity. Starting with a psychological continuity theory of personal identity, the argument concludes that the very conditions that bring an advance directive into play may destroy the conditions necessary for personal identity, and so undercut the authority of the directive. In this article, I concede that if the purpose of a theory of personal (...) identity is to provide an answer to the question What is it for a person to persist over time?, then reflection on personal identity poses a potentially serious threat to the moral authority of advance directives. However, as Marya Schechtman observes, questions about how a single person persists through change are not what most of us are interested in when we think about who a person is. Rather, we are interested in what it means to say that a particular set of actions, experiences, and characteristics is that of a given person rather than someone else. (shrink)

In bioethics there is an ongoing debate about the ethical case for human enhancement through new biomedical technologies. In this debate there are both supporters and opponents of human enhancement technologies such as genetic improvements of cognitive abilities (eg, intelligence). The supporters argue that human enhancement will lead to healthier and therefore better lives, meaning that any delays to the introduction of such technologies is problematic. In contrast, the opponents argue that new technologies will not solve problems such as inequality (...) and social justice. In order to overcome opposition to human enhancement, Bostrom and Ord have outlined a test to evaluate ethical arguments for "status quo bias" or what they call "intuitive judgements" in the assessment of human enhancement. This article is a response to their paper in which I raise a number of problems with their position, particularly with their "status quo bias" test and the incorporation of economistic thinking into their ethical arguments. (shrink)

The paper presents and defends a metadoxastic view on (intentional) consciousness that is novel in four respects: (1) It is motivated both by Husserl’s dynamic approach, which looks upon mental acts as momentary components of certain cognitive structures – “dynamic intentional structures” – in which one and the same object is intended throughout a period of time (during which the subject’s cognitive perspective upon that object is constantly changing) and by his conception of consciousness in terms of internal time-consciousness (temporal (...) awareness). (2) It combines a dispositionalist higher-order judgment theory about the structure of (intentional) consciousness with the claim that the contents of these judgments are such that they can be expressed by essentially indexical sentences containing the temporal indexical “now,” thus accommodating the basic role of internal time-consciousness. (3) It is immune against the “objection from lack of mental concepts” raised, e.g., by Dretske against any higher-order representation theory, as it employs counterfactuals in the framework of a disjunctive account of (intentional) consciousness. (4) It explains the unity of consciousness at a time as well as across time. (shrink)

ABSTRACTThis article argues that there is a just cause for war to prevent the future hazards of anthropogenic climate change even if, because of what is known as the Non-Identity Problem, that caus...

Since Hume, some philosophers deny that conscious thinking requires the existence of a thinking subject. This claim is well illustrated by LichtenbergI thinkThinking is going on” (Es denkt). Bernard Williams has argued that the claim that there can be thinking without a thinking subject is incoherent. My purpose, in this paper, is to suggest an interpretation of that claim which overcomes the problem raised by Williams.

This paper explores the use of advance directives in clinical dementia research. The focus is on advance consent to participation of demented patients in non-therapeutic research involving more than minimal risks and/or burdens. First, morally relevant differences between advance directives for treatment and care, and advance directives for dementia research are discussed. Then attention is paid to the philosophical issue of dementia and personal identity, and the implications for the moral authority of research advance directives. Thirdly, a number of practical (...) shortcomings of advance directives for non-therapeutic dementia research are explored and attention is paid to the role of proxies. It is concluded that upon a closer look the initial attractiveness of advance directives for dementia research is lessened, and that it is doubtful whether these instruments can compensate for the lack of subject consent in case of non-therapeutic dementia research involving more than minimal risks and/or burdens for the incompetent demented subject. (shrink)

We seek to establish a dialogue between democratic and Islamic normative political theories. To that aim, we show that the conception of democracy underlying a prominent Islamic political model is procedural. We distinguish proceduralism from a liberal conception of democracy. Then, we explain how bringing together Islamic political theory and democracy alters the meaning of the latter. In other words, we show that democracy within Islam often means democracy within Islamic limits.

Funding: Research funded by Canadian Institutes of Health Research, NNF 80045, States of Mind: Emerging Issues in Neuroethics. While there are those who object to the prospective use of propranolol to prevent or treat post-traumatic stress disorder (PTSD), most obstreperous among them the President’s Council on Bioethics, the use of propranolol can be justified for patients with severe PTSD. Propranolol, if effective, will alter the quality of certain memories in the brain. But this is not a serious threat to the (...) self understood in terms of narrative identity. A narrative identity framework acknowledges that memory is always being subtly altered or modified. For severe cases of PTSD propranolol may help victims who don’t respond to any other therapy or therapy combination regain their authentic self-narrative and engage once more in life activities. For those whose symptoms are not so severe the potential risks and side-effects of the drug may outweigh the benefits. Patients and family members should be allowed to decide, in consultation with their physician, whether this drug is appropriate in their case. (shrink)

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)

In his impressive paper, John Nolt argues that the average American is harming future people. Yet people can only be harmed if they could have been unharmed. Nolt recognises this when...