În acest articol încerc să argumentez opinia că, așa cum este definită eugenia, este foarte dificil de făcut o diferențiere clară între știință (medicină, ingineria genetică) și eugenie. Și de stabilit o linie peste care ingineria genetică nu ar trebui să treacă, conform unor norme morale, juridice și religioase. Atâta timp cât acceptăm ajutorul geneticii în găsirea unor modalități de combatere a cancerului, diabetului sau HIV, acceptăm în mod implicit și eugenia pozitivă, conform definiției actuale. Și atâta timp cât acceptăm (...) screening-ul genetic, și intervenții asupra fătului nenăscut, sau avortul, acceptăm în mod implicit și eugenia negativă. În plus, la nivel de guverne, deși oficial eugenia este repudiată, ea a fost legalizată în foarte multe țări până de curând, și încă mai este acceptată și legalizată, chiar dacă în forme mai subtile, și în prezent. În Introducere definesc termenul și modurile de clasificare. Urmează Istoria eugeniei pornind din perioada antică, introducerea eugeniei de Francis Galton, practica eugeniei ca politică de stat în diverse țări, și eugenia actuală (eugenia liberală). Analizez apoi diverse probleme ridicate de Etica eugeniei liberale, și am dezvoltat o secțiune aparte pentru Viitorul eugeniei, cu accent pe proiectul genomului uman. În final, în secțiunea Concluzii expun opiniile personale cu privire la practica actuală a eugeniei. Am folosit ca surse principale de investigație articolele lui Kenneth M. Ludmerer, ”American Geneticists and the Eugenics Movement: 1905-1935”, Kathy J. Cooke, ”Duty or Dream? Edwin G. Conklin's Critique of Eugenics and Support for American Individualism”, Jonathan Anomaly, ”Defending Eugenics”, John R. Harding Jr. ”Beyond Abortion: Human Genetics and the New Eugenics”, Michael Boulter, ”Bloomsbury Scientists”, Chapter Title: The rise of eugenics, 1901–14, Michael Ruse and Edward O. Wilson, ”Moral Philosophy as Applied Science” și Goering, Sara, "Eugenics". (shrink)

This essay focuses on conceptual engineers who aim to improve other people's patterns of inference and attention by shaping their concepts. Such conceptual engineers sometimes engage in a form of epistemic paternalism that I call paternalistic cognitive engineering: instead of explicitly persuading, informing and educating others, the engineers non-consultatively rely on assumptions about the target agents’ cognitive systems to improve their belief forming. The target agents could reasonably regard such benevolent exercises of control as violating their sovereignty over their own (...) belief formation. This is a pro tanto reason against such engineering. In addition to the relevant projects of conceptual engineering, paternalistic cognitive engineering plausibly includes certain kinds of nudging and evidence suppression. I distinguish the sovereignty-based concern from other ethical worries about conceptual engineering and discuss how one might justify the relevant conceptual engineering projects despite the sovereignty-based reason against them. (shrink)

Drawing on unpublished and published sources from 1926-1932, this chapter builds on John Dewey’s naturalistic pragmatic pluralism in ethical theory. A primary focus is “Three Independent Factors in Morals,” which analyzes good, duty, and virtue as distinct categories that in many cases express different experiential origins. The chapter suggests that a vital role for contemporary theorizing is to lay bare and analyze the sorts of conflicts that constantly underlie moral and political action. Instead of reinforcing moral fundamentalism via an outdated (...) quest for the central and basic source of normative justification, we should foster theories with a range of idioms and emphases which, while accommodating monistic insights, better inform decision-making by opening communication across diverse elements of moral and political life, placing these elements in a wider context in which norms gain practical traction in non-ideal conditions, and expanding prospects for social inquiry and convergence on policy and action. (shrink)

Many have argued that allowing and encouraging public avenues for dissent and critical evaluation of scientific research is a necessary condition for promoting the objectivity of scientific communities and advancing scientific knowledge . The history of science reveals many cases where an existing scientific consensus was later shown to be wrong . Dissent plays a crucial role in uncovering potential problems and limitations of consensus views. Thus, many have argued that scientific communities ought to increase opportunities for dissenting views to (...) be heard and taken seriously. Such opportunities are necessary for both limiting the influence .. (shrink)

This paper reflects on the presumption that there are distinct ethical differences between the supposedly ‘Anglo-Saxon liberal’ and ‘Latin (Southern European) paternalist’ ethical traditions. The predominance of the bioethical paradigm (principalism) is measured by a comparative analysis of regional moral opinion reflected in nation-state health laws. By looking at the way the ethico-legal concept figures into various national ordinances, we attempt to ascertain the extent and nature of variation (if any) between localities by exploring the understanding and application of principalism’s (...) keystone: patient autonomy. (shrink)

Mill’s aim in chapter 3 of Utilitarianism is to show that his revisionary moral theory can preserve the kind of authority typically and traditionally associated with moral demands. One of his main targets is the idea that if people come to believe that morality is rooted in human sentiment then they will feel less bound by moral obligation. Chapter 3 emphasizes two claims: (1) The main motivation to ethical action comes from feelings and not from beliefs and (2) Ethical feelings (...) are highly malleable. I provide a critical examination of Mill’s use of these claims to support his argument that Utilitarianism can preserve morality’s authority. I show how the two claims, intended to form a significant rebuttal to the worry about Utilitarianism, can in fact be combined to raise powerful skeptical concerns. I explain how Mill evades the skepticism, and why contemporary philosophers who lack Millian optimism about human nature find it harder to avoid the skeptical outcome. (shrink)

The debate over the propriety of cognitive enhancement evokes both enthusiasm and worry. To gain further insight into the reasons that people may have for endorsing or eschewing pharmacological enhancement, we used empirical tools to explore public attitudes towards PE of twelve cognitive, affective, and social domains. Participants from Canada and the United States were recruited using Mechanical Turk and were randomly assigned to read one vignette that described an individual who uses a pill to enhance a single domain. After (...) reading the vignette, participants were asked how comfortable they were with the individual using the enhancement. People were significantly more comfortable when they read about enhancement of certain CAS domains than others. We found a modest negative correlation between comfort level and the degree to which the PE was perceived as changing core features of the person. We also found a modest correlation between comfort level and the degree to which the PE was perceived as improving success in life. Finally, using a sequential mixed method technique, we found that participants who felt uncomfortable about PE use overwhelmingly focused on a lack of need and, to a lesser degree, expressed concerns about safety; those who felt comfortable about PE use most frequently mentioned the safety of the pill and its ability to provide a positive outcome. The data provide novel insights into public enthusiasms and concerns over the use of PE. (shrink)

In current American medical practice, autonomy is assumed to be more valuable than human life: if a patient autonomously refuses lifesaving treatment, the doctors are supposed to let him die. In this paper we discuss two values that might be at stake in such clinical contexts. Usually, we hear only of autonomy and best interests. However, here, autonomy is ambiguous between two concepts—concepts that are tied to different values and to different philosophical traditions. In some cases, the two values (that (...) of agency and that of authenticity) entail different outcomes. We argue that the comparative value of these values needs to be assessed. (shrink)

This paper answers two questions. First, on the assumption that risk of harm is of moral significance, does risk’s moral significance lay in its being harmful? Second, is risk of harm itself harmful? I argue that either risk is not harmful or that risk is harmful only in a small range of cases. If risk is not harmful, and yet risk is of moral significance, risk’s moral significance cannot lie in its being harmful. And if risk is harmful only in (...) a small range of the cases in which risk is of moral significance, risk’s moral significance cannot lie in its being harmful. (shrink)

Some current attempts to go beyond the narrow scope of rational choice theory (RCT) in the social sciences and the artificial reconstructions it sometimes provides focus on the arguments that people give to justify their beliefs and behaviors themselves. But the available argumentation theories are not constructed to fill this gap. This article argues that relevance theory, on the contrary, suggests interesting tracks. This provocative idea requires a rereading of Sperber and Wilson's theory. Actually, the authors do not explicitly support (...) RCT, and Sperber has even strongly criticized methodological individualism, which most of the time underlies RCT, in favor of infra-individualism. A key point of the argument presented here is to show that Sperber and Wilson do not firmly distinguish between infra-individualism and subintentionality. Only subintentionality is needed. Key Words: argumentation • rational choice • relevance theory • methodological individualism. (shrink)

Criminal offenders may be offered to participate in voluntary rehabilitation programs aiming at correcting undesirable behaviour, as a condition of early release. Behavioural treatment may include direct intervention into the central nervous system (CNS). This article discusses under which circumstances voluntary rehabilitation by CNS intervention is justified. It is argued that although the context of voluntary rehabilitation is a coercive circumstance, consent may still be effective, in the sense that it can meet formal criteria for informed consent. Further, for a (...) consent to be normatively valid (“take the wronging out of the act”) under a coercive circumstance, the subject to be treated must (1) have the sovereign authority to consent, and (2) the offer-giver must be in the right normative position to make the offer. While I argue that subjects do have the sovereign authority to consent to treatment, I also argue that inappropriate offers yield invalid consents. Considerations on inappropriate offers should therefore inform which kinds of CNS intervention-based rehabilitation schemes the state may propose as part of the criminal justice system. Yet as I conclude in this paper, while there are some intrinsic constraints on voluntary rehabilitation programs, the main constraints on voluntary rehabilitation are likely to be contingent overriders. However, CNS intervention is not ruled out as such in the context of voluntary rehabilitation. (shrink)

This article aims to develop a ground for freedom of speech that combines two justifications – democratic participation and autonomy. First, it is argued that consequentialist justifications, such as discovery of truth and personal development, are far from providing a strong justification for free speech due to their reliance on uncertain empirical validation. Second, it is claimed that a stronger and better ground for free speech can be constructed by articulating two non-consequentialist justifications for free speech – democratic participation and (...) autonomy. This articulation, which I call the double-grounded non-consequentialist justification for free speech, considers autonomy and democratic participation as complementary principles. In this sense, a double-grounded justification engages justification as autonomy and democratic participation in a dialogue in order to provide remedies for the specific weaknesses of these two positions. (shrink)

This paper extends Alan John Simmons?s conceptual distinction between Lockean and Kantian conceptions of legitimacy that he applied to the question of the legitimacy of states, to the issue of legitimacy of public decisions. I criticise the consent conception of legitimacy defended by Simmons, and I defend the Rawlsian version of the justificatory conception of legitimacy from his objection. The approach of this paper is distinctive because the two conceptions are assessed by investigating, using the method of reflective equilibrium, their (...) respective prescriptions concerning the treatment of antisocial personality disorder and epidemiologic measures. I argue that the method of reflective equilibrium does not support the consent conception. Considering the issues of treatment of APD and of epidemiologic measures, I argue that the consent conception of legitimacy is not well-equipped for the evaluation of norms that are not strictly self-regarding. This causes a deficit of prescriptions for relevant social responses. Further, by considering the case of responses to epidemics, I argue that such a conception can avoid harmful consequences only by recurring to additional, and independent, premises. This does not cause incoherence but reduces the coherence of a normative system. Finally, the consent conception is not equipped to support social cooperation in an optimal way, which has proved to be necessary in critical conditions, like a pandemic. On the other hand, I argue that the method of reflective equilibrium supports the Rawlsian version of justificatory conception of legitimacy, because of its advantages in handling the indicated issues. In addition, I maintain that this justificatory conception is respectful of freedom and equality of agents as moral self-legislators, and, thus, it is not vulnerable to Simmons?s main criticism. (shrink)

Tolerance is treated as a virtue and a key principle in liberal theories of the state and human rights. Critics of liberalism have already addressed limitations of tolerance, and the United Nations introduced broader and more inclusive human rights and non-discrimination norms. Yet, tolerance is still invoked in human rights advocacy, and the UN promotes teaching tolerance as a means to protect human rights. However, there is an asymmetrical relationship between the “tolerant” and the “tolerated,” which must be questioned for (...) its human rights implications. The paper contends that tolerance does not ensure non-discrimination, freedom from persecution, or ending violence. Instead, it can be complicit in violence against lesbian, gay, bisexual, and transgender persons. As an illustrative case, it examines Turkey—a country that has pursued the liberal policy of tolerance by not criminalizing homosexuality—during a reform period that involved further liberalization of law but not the protection of LGBT rights. (shrink)

In this paper, we give an account of some of the necessary conditions for an effectively functioning public sphere, and then explore the question of whether these conditions allow for the expression of ideas and values that are fundamentally incompatible with those of liberalism. We argue that speakers who advocate or glorify violence against democratic institutions fall outside the parameters of what constitutes legitimate public debate and may in fact undermine the conditions necessary for the flourishing of free speech and (...) public dialogue more generally. (shrink)

Social epistemology is the study of the social dimensions of knowledge or information. There is little consensus, however, on what the term "knowledge" comprehends, what is the scope of the "social", or what the style or purpose of the study should be. According to some writers, social epistemology should retain the same general mission as classical epistemology, revamped in the recognition that classical epistemology was too individualistic. According to other writers, social epistemology should be a more radical departure from classical (...) epistemology, a successor discipline that would replace epistemology as traditionally conceived. The classical approach could be realized in at least two forms. One would emphasize the traditional epistemic goal of acquiring true beliefs. It would study social practices in terms of their impact on the truth-values of agents' beliefs. A second version of the classical approach would focus on the epistemic goal of having justified or rational beliefs. Applied to the social realm, it might concentrate, for example, on when a cognitive agent is justified or warranted in accepting the statements and opinions of others. Proponents of the anti-classical approach have little or no use for concepts like truth and justification. In addressing the social dimensions of knowledge, they understand "knowledge" as simply what is believed, or what beliefs are "institutionalized" in this or that community, culture, or context. They seek to identify the social forces and influences responsible for knowledge production so conceived. Social epistemology is theoretically significant because of the central role of society in the knowledge-forming process. It also has practical importance because of its possible role in the redesign of information-related social institutions. (shrink)

Social epistemology is the study of the social dimensions of knowledge or information. There is little consensus, however, on what the term "knowledge" comprehends, what is the scope of the "social", or what the style or purpose of the study should be. According to some writers, social epistemology should retain the same general mission as classical epistemology, revamped in the recognition that classical epistemology was too individualistic. According to other writers, social epistemology should be a more radical departure from classical (...) epistemology, a successor discipline that would replace epistemology as traditionally conceived. The classical approach could be realized in at least two forms. One would emphasize the traditional epistemic goal of acquiring true beliefs. It would study social practices in terms of their impact on the truth-values of agents’ beliefs. A second version of the classical approach would focus on the epistemic goal of having justified or rational beliefs. Applied to the social realm, it might concentrate, for example, on when a cognitive agent is justified or warranted in accepting the statements and opinions of others. Proponents of the anti-classical approach have little or no use for concepts like truth and justification. In addressing the social dimensions of knowledge, they understand "knowledge" as simply what is believed, or what beliefs are "institutionalized" in this or that community, culture, or context. They seek to identify the social forces and influences responsible for knowledge production so conceived. Social epistemology is theoretically significant because of the central role of society in the knowledge-forming process. It also has practical importance because of its possible role in the redesign of information-related social institutions. (shrink)

Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...) reasons for concept use, which tell us which concepts to adopt, adhere to, or abandon, thereby shoring up—or undercutting—the reasons for action and belief that guide our deliberations. Traditionally, reasons for concept use have been sought either in timeless rational foundations or in concepts’ inherent virtues, such as precision and consistency. Against this, the book advances two main claims: that we find reasons for concept use in the conceptual needs we discover when we critically distance ourselves from a concept by viewing it from the autoethnographic stance; and that sometimes, concepts that conflict, or exhibit other vices such as vagueness or superficiality, are just what we need. By considering not what concepts are absolutely best, but what concepts we now need, we can reconcile ourselves to the contingency of our concepts, determine the proper place of efforts to tidy up thought, and adjudicate between competing conceptions of things,—even things as contested as liberty or free will. A needs-based approach separates helpful clarification from hobbling tidy-mindedness, and authoritative definition from conceptual gerrymandering. (shrink)

Disagreement is common: even informed, intelligent, and generally reasonable people often come to different conclusions when confronted with what seems to be the same evidence. Can the competing conclusions be reasonable? If not, what can we reasonably think about the situation? This volume examines the epistemology of disagreement. Philosophical questions about disagreement arise in various areas, notably politics, ethics, aesthetics, and the philosophy of religion: but this will be the first book focusing on the general epistemic issues arising from informed (...) disagreement. Ten leading philosophers offer specially written essays which together will offer a starting-point for future work on this topic. (shrink)

Challenges the accepted model, and builds a politically sensitive notion of generosity.

Drawing on archival and published sources from 1926 to 1932, this chapter analyzes “Three Independent Factors in Morals” (1930) as a blueprint to Dewey’s chapters in the 1932 Ethics. The 1930 presentation is Dewey’s most concise and sophisticated critique of the quest in ethical theory for the central and basic source of normative justification. He argued that moral situations are heterogeneous in their origins and operations. They elude full predictability and are not controllable by the impositions of any abstract monistic (...) principle. Moral life instead has at least three distinct experiential roots that cannot be encompassed in one ideal way to proceed. More specifically, Dewey hypothesized that each of the primary Western ethical systems (represented for him by Aristotle, Kant, and the British moralists) represents a basic, non-arbitrary force, or factor of moral life: aspiration, obligation, and approbation, respectively. Each factor is expressed in that system’s leading fundamental concept: good, duty, and virtue, respectively. Yet he contended that aspirations, obligations, and approbations are distinctive phenomena that cannot be blanketed by a single covering concept. By exposing Dewey’s own generalizations to scrutiny, the promises and limitations of his approach can be critically evaluated. (shrink)

I address the questions of whether or not the very existence of heaven provides a motivation for killing. If universalism is true, then anyone killed will end up there, as will the killer. And given that heaven is infinitely better than earth, killing would be, on this view, the greatest gift possible to the “victim.” But if universalism is not true, there is perhaps an even greater incentive to kill one’s loved ones if one knows them to be currently heaven-bound: (...) that is, to save them from the risk of an infinitely terrible fate, that of somehow damning themselves between now and their natural death. This is an issue that we have all surely wondered about: if we’re going to heaven, what’s so bad about death that it must be condemned? But I think there is also a less-discussed problem raised by the very existence of heaven: that the existence of earth is thereby made redundant. What is earth but an annoying antechamber for heaven, one that we all wish we could bypass? I consider various attempts both to forestall the motivation for altruistic killing and to provide a justification for earth as more than a poor version of purgatory, and fail to find any that are truly compelling. I conclude that the existence of earth is therefore itself an argument against the existence of heaven. (shrink)

_Examines the implications of Aristotle’s political thought for contemporary political theory._.

As eugenics is defined, it is very difficult to make a clear distinction between science (medicine, genetic engineering) and eugenics as a included field. And to set a line over which genetic engineering should not go further, according to moral, legal and religious norms. If we accept the help of genetics in finding ways to fight cancer, diabetes, or HIV, we also accept positive eugenics as they are defined now. And if we accept genetic screening, and interventions on the unborn (...) baby, or abortion, we also implicitly accept negative eugenics. In addition, at government level, although eugenics are officially denied, it has been legalized in many countries until recently, and is still accepted and legalized, albeit in subtle forms, even these days. The section Introduction defines the term and classification modes. The section History of Eugenics follows eugenics from the ancient period, the introduction of eugenics by Francis Galton, the practice of eugenics as a state policy in various countries, and the present eugenics (liberal eugenics). I then analyze various issues raised by the Ethics of Liberal Eugenics, and I have developed a special section for the Future of Eugenics, focusing on the human genome project. Finally, in the Conclusions, I express my personal views on the current practice of eugenics. -/- CONTENTS: -/- Abstract Introduction New Eugenics The Future of Eugenics Conclusions Bibliography -/- DOI: 10.13140/RG.2.2.28662.45120. (shrink)

When should you engage with difficult arguments against your cherished controversial beliefs? The primary conclusion of this book is that your obligations to engage with counterarguments are more limited than is often thought. In some standard situations, you shouldn't engage with difficult counterarguments and, if you do, you shouldn't engage with them open-mindedly. This conclusion runs counter to aspects of the Millian political tradition and political liberalism, as well as what people working in informal logic tend to say about argumentation. (...) -/- Not all misleading arguments wear their flaws on their sleeve. Each step of a misleading argument might seem compelling and you might not be able to figure out what's wrong with it. Still, even if you can't figure out what's wrong with an argument, you can know that it's misleading. One way to know that an argument is misleading is, counterintuitively, to lack expertise in the methods and evidence-types employed by the argument. When you know that a counterargument is misleading, you shouldn't engage with it open-mindedly and sometimes shouldn't engage with it at all. You shouldn't engage open-mindedly because you shouldn't be willing to reduce your confidence in response to arguments you know are misleading. And you sometimes shouldn't engage closed-mindedly, because to do so can be manipulative or ineffective. -/- In making this case, Jeremy Fantl discusses echo chambers and group polarization, the importance in academic writing of a sympathetic case for the opposition, the epistemology of disagreement, the account of open-mindedness, and invitations to problematic academic speakers. (shrink)

Based on an analysis of a landmark case Lim Mey Lee Susan v Singapore Medical Council in Singapore where a doctor was professionally disciplined for over-charging a wealthy patient, a judgement upheld by the Singapore High Court, this paper will discuss the notion of an ‘ethical price’ (EP) and its determination with respect to the provision of healthcare services. It will first examine the limitations of a legal approach for setting an ethical limit to pricing. From there, it will argue (...) that Confucian philosophy provides a useful ethical framework to explore EP, with focus on the context of Singapore. The following question is addressed: What is an ethical pricing standard for medical practice from a Confucian perspective? The strengths and limitations of a Confucian value base as regards the determination of an objective EP will be analysed through an examination of the shortcomings of the doctor’s behaviour in the Susan Lim case as well as other case scenarios. The paper will conclude with some practical suggestions on how Confucian-based ideas can be applied to decision-making on pricing and the importance of this for medical professionalism and ethics teaching. (shrink)

According to theories of wrongful life (WL), the imposition upon a child of an existence of poor quality can constitute an act of harming, and a violation of the child’s rights. The idea that there can be WLs may seem intuitively compelling. But, as this paper argues, liberals who commit themselves to WL theories may have to compromise some of their other beliefs. For they will thereby become committed to the claim that some women are under a stringent moral duty (...) to have an abortion: a duty that could, without injustice, at least sometimes be enforced by the state. WL theories in other words imply that some women will lack a right to choose, under which both the decision to abort, and the decision to carry the fetus to term, are protected against interference. The paper exposes a dilemma, then, for liberals who are committed both to (a) the rights of future people not to be subjected to a harmful existence, and (b) the rights of women to refuse an abortion. (shrink)

The prevalent views of animal liberty among animal advocates suggest that liberty is merely instrumentally valuable and invasive paternalism is justified. In contrast to this popular view, I argue that liberty is intrinsically good for animals. I suggest that animal well-being is best accommodated by an Objective List Theory and that liberty is an irreducible component of animal well-being. As such, I argue that it is good for animals to possess liberty even if possessing liberty does not contribute towards their (...) subjective well-being, and even in some cases where it has a negative effect upon their subjective well-being. To establish this view I argue that if animals are agents, as I assume they are, then like humans they must be able to determine the course of their own lives (to some extent). Further, having the opportunity to self-determine one’s life just is the very same thing as liberty, and having the opportunity to determine the course of one’s life is intrinsically good. Thus liberty has intrinsic value for humans and animals. So, in addition to the instrumental harms of having one’s liberty restricted, I claim that restricting animals’ liberty in principle harms them because it undermines their capacity for self-determination and fails to acknowledge their authority as agents to make their own choices. (shrink)

What role should legislation or policy play in avoiding the complications of in-vitro fertilization? In this article, we focus on single versus double embryo transfer, and assess three arguments in favour of mandatory single embryo transfer: risks to the mother, risks to resultant children, and costs to society. We highlight significant ethical concerns about each of these. Reproductive autonomy and non-paternalism are strong enough to outweigh the health concerns for the woman. Complications due to non-identity cast doubt on the extent (...) to which children are harmed. Twinning may offer an overall benefit rather than burden to society. Finally, including the future health costs for children in reproductive policy is inconsistent with other decisions. We conclude that mandatory single embryo transfer is not justified and that a number of countries should reconsider their current embryo transfer policy. (shrink)

It has become increasingly common to point out that African morality is under-represented in ethical theorizing. However, it is less common to find arguments that this under-representation is unjustified. This latter claim tends to be simply assumed. In this paper I draw together arguments for this claim. In doing so, I make the case that the relative lack of attention paid to African moral ideas conflicts with epistemic and ethical values. In order to correct these shortcomings, moral theorists, broadly construed (...) as including descriptive and normative disciplines, have a duty to engage with and actively explore African moral ideas. I claim that Moral Foundations Theory is well suited to a descriptive exploratory project, and could provide a significant contribution to normative, African-derived moral theories that could be epistemically and ethically superior to their Western counterparts. (shrink)

I drive a wedge between public deliberation and public justification, concepts tightly associated in public reason liberalism. Properly understood, the ideal of public justification imposes no restraint on citizen deliberation but requires that those who have a substantial impact on the use of coercive power, political officials, advance proposals each person has sufficient reason to accept. I formulate this idea as the Principle of Convergent Restraint and apply it to legislators to illustrate the general reorientation I propose for the public (...) reason project. (shrink)

In light of technology that may reveal the content of a person’s innermost thoughts, I address the question of whether there is a right to ‘brain privacy’—a right not to have one’s inner thoughts revealed to others–even if exposing these thoughts might be beneficial to society. I draw on a conception of privacy as the ability to control who has access to information about oneself and to an account that connects one’s interest in privacy to one’s interests in autonomy and (...) associated reputational interests, and preserving one’s dignity. Focusing on the controversial case of Gilberto Valle, known as the ‘cannibal cop’, who faced legal punishment and moral reproach for deeply disturbing thoughts of doing violence to women, thoughts he claimed were mere fantasies, I argue that Valle has a right to brain privacy if he has a legitimate privacy interest that is not outweighed by competing societal interests in avoiding harm. Our weighing of competing privacy and societal interests will depend on the magnitude of the privacy interests in autonomy and dignity, and on how reliable the technology used to expose inner thoughts is in predicting future harmful behavior and identifying true threats. (shrink)

The literature on conscience in medicine has paid little attention to what is meant by the word ‘conscience.’ This article distinguishes between retrospective and prospective conscience, distinguishes synderesis from conscience, and argues against intuitionist views of conscience. Conscience is defined as having two interrelated parts: (1) a commitment to morality itself; to acting and choosing morally according to the best of one’s ability, and (2) the activity of judging that an act one has done or about which one is deliberating (...) would violate that commitment. Tolerance is defined as mutual respect for conscience. A set of boundary conditions for justifiable respect for conscientious objection in medicine is proposed. (shrink)

Mill thinks our attitudes should be held in a way that’s active and ‘alive’. He believes attitudes that lack these qualities—those held dogmatically, or in unreflective conformity—are inimical to our well-being. This claim then serves as a premiss in his argument for overarching principles of liberty. He argues that attitudinal vitality, in the relevant sense, relies upon people experiencing attitudinal conflict, and that this necessitates a prioritization of personal liberties. I argue that, pace Mill, contestation isn’t required for attitudinal vitality. (...) I describe one species of attitudinal vitality that isn’t reliant upon conflict. (shrink)

Does the moral status of an action provide in itself a non-instrumental, pro-tanto reason for a corresponding legal status – a reason that applies regardless of whether the law promotes a value that is independent of the law, such as preventing wrongdoing or promoting distributive or retributive justice? While the relation between morality and law is a familiar topic, this specific question is typically not considered explicitly. Yet it seems to be controversial and each of the contrasting answers to this (...) question has some appeal. The article highlights and considers this question. it concludes that the answer is negative: there is no necessary relation between morality and law in this respect. Rather, there is a reason in favor of incorporating morality into the law only when this incorporation promotes a moral value that is independent of the law. (shrink)

Moral enhancement is an ostensibly laudable project. Who wouldn’t want people to become more moral? Still, the project’s approach is crucial. We can distinguish between two approaches for moral enhancement: direct and indirect. Direct moral enhancements aim at bringing about particular ideas, motives or behaviors. Indirect moral enhancements, by contrast, aim at making people more reliably produce the morally correct ideas, motives or behaviors without committing to the content of those ideas, motives and/or actions. I will argue, on Millian grounds, (...) that the value of disagreement puts serious pressure on proposals for relatively widespread direct moral enhancement. A more acceptable path would be to focus instead on indirect moral enhancements while staying neutral, for the most part, on a wide range of substantive moral claims. I will outline what such indirect moral enhancement might look like, and why we should expect it to lead to general moral improvement. (shrink)

In this article, I examine the ways in which “Public Reason” (or public reasons, in plural) can be said to resonate with some types of reasons as presented and defended in contemporary legal theory. I begin by identifying the concept of Public Reason within the context of a discussion sparked by the between “internal” and “external” reasons, which was made famous by Bernard Williams. I will then compare this interpretation of Public Reason with Joseph Raz’s celebrated concept of exclusionary reasons. (...) Next, I refer to two concepts of moral “neutrality” and how such concepts affect our understanding of Public Reason. I also reflect upon whether it is tenable to draw a distinction between the good reasons for actions that we conduct in our own lives and good reasons to be adopted in public life. Finally, I raise the question of a distinction between the reasons which we press in general societal discourse and those that we press in the advocacy-related law-making process. (shrink)

This article explores the ideological origins of the American free-speech tradition. It analyzes the two principal categorizations of free speech in classical antiquity: isegoria, the right to voice one’s opinion, and parrhesia, the license to say what one pleases often through provocative discourse, thus grounding modern free-speech epistemology and jurisprudential philosophy in a sociohistorical context. Part 1 reviews the First Amendment corpus juris. A progression of incrementally absolute judicial holdings promotes parrhesia, highlighting democratic utility over individual self-actualization; thus, Americans no (...) longer view freedom of speech as an end ipso facto. While Athenian democracy recognized the need for provocative speech, certain institutional and social constraints, such as dokimasia, established standards of truth and accountability. Part 2 frames the historical developments of isegoria and parrhesia for modern analysis. The author begins by discussing isegoria’s principal aims, namely, promoting individual self-actualization and effective democratic governance. The European free-speech tradition, which views the individual as the locus of power, favors the former. The American tradition, which ‘depersonizes’ civil liberties such that the collective becomes the locus of control, favors the latter. Part 3 identifies the colonial developments in Anglo-American history that account for present-day U.S. free-speech permissiveness. It shows that the American preference for parrhesia-based absolutism was born from British imperialism and censorship. Part 4 suggests a need to reexamine free speech-understandings in the context of new-media proliferation and digital content regulation. The dominance of U.S.-based social media companies injects the American speech tradition into cultures with disparate free-speech philosophies and practices. (shrink)

Much attention has been given in recent years to the moral status of commercial spam. Less attention has been focused on newer, non-commercial varieties of spam, such as spam from political parties, community sector organizations and governments. This article makes a start on evaluating the moral status of these non-commercial varieties of spam, drawing on arguments used to evaluate commercial spam.

In this paper, I derive a test for distinguishing between derogatory terms by expanding upon Seana Shiffrin’s recent “thinker-based approach.” Protection on her account extends to many forms of speech due to a connection between speech and an individual’s development of autonomous thought. Shiffrin questions whether there is protection for corporate and commercial speech. The latter have a tendency to interfere with autonomous thought processes and do not clearly serve their development. I argue that these reasons for limitation serve as (...) a basis for making nuanced distinctions for general regulation and applying this approach to controversies surrounding derogatory team names in sport. Many kinds of speech can be offensive and derogatory, yet I argue that only some may be said to be parasitic on communicative endeavors and legitimately fall outside free speech values as a result. Regulation should not be concerned with the content of speech, the manner in which certain words are spoken, or even the speaker’s positive or negative intent. Instead, the focus should remain on autonomous mental development of speakers and hearers. (shrink)

The world’s first legal euthanasia death occurred in the Australian City of Darwin on Sunday 22 September 1996 when Bob Dent ended his life under the Northern Territory’s short-lived Rights of the Terminally Ill Act 1995. Dent’s death intensified argument about euthanasia in Australia, transforming the debate from a textbook discussion in social ethics into a vigorous and divisive social dispute. The day before he ended his life, Dent dictated a letter, written down by his wife. This description of his (...) experience with terminal illness is graphic—the letter, his last effort to bring the plight of those living with terminal illness to public consciousness. In this paper I outline issues from the perspective of those, who like Bob Dent, the choice to die with dignity is personal and urgent. Rather than approach the issue purely from the theoretical, academic debate therefore, I present aspects that are largely unknown unless the experience of life-denying symptoms becomes real. From these aspects, dilemmas and consequences emerge that are not framed through the academic debate and in this way, I argue for the possibility of a framework that could change the law. (shrink)