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)

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)

This paper considers the UN efforts to introduce a legally binding Treaty on corporate accountability for human rights impacts in the context of other proposed legislation at country level, on the one hand, and existing voluntary initiatives like the UN Guiding Principles (2011), on the other. What we are interested in is whether the proposed Treaty signals a transition from voluntary initiatives (based on moral commitments) to law (that is, a focus on compliance), and the extent to which it might (...) stimulate or hinder links between judicial and non-judicial initiatives. The scholars who have explicitly addressed these two divides are – Michael Sandel, on theory v. practice; and Amartya Sen, on law v. morality. We engage with their views, in sections II and III respectively, seeking to build an integrated approach to help us overcome these dualisms. We further consider John Ruggie’s “principled pragmatism”, a strategy that he uses to build the Protect, Respect and Remedy (henceforth, PRR) Framework; and we invoke arguments from casuistry as well as a practice-focused deontology (Thomas Donaldson’s) in favour of an ethics ‘beyond cognition’, which we consider better suited than either utilitarian or principle-based theories to guide the debate on human rights. This is because it allows us to take non-rational factors into account (such as emotions and personal affiliations), when judging the kind of common good we consider worth pursuing. In the last section of the paper, we investigate whether and how might the Treaty illustrate the two divides, trying to (a) distinguish between purely legal elements and those of a wider nature, to do with morality; and (b) understand what might help bridge the gap between theoretical commitments to the universality of human rights and various practical challenges. Our aim is not to evaluate the Treaty, from a legal viewpoint, or suggest improvements to it (lawyers are better placed to do that); rather, we seek to investigate the way in which the proposed Treaty – which is the first attempt to address the challenge of transnational business and human rights in international law – combines moral and legal aspects, and what this tells us about the world we live in. (shrink)

En este artículo argumento que la distinción entre los términos “ética” y “moral” es estipulativa y que nada nos impone un cierto significado de los términos: ni su etimología ni la tradición filosófica. Argumento específicamente en contra de una estipulación según la cual “ética” se refiere a la afirmación de la conciencia individual autónoma o auténtica, mientras que “moral”, a la esfera de la observancia de reglas impuestas por la sociedad. Si el propósito de la estipulación es mostrar la mayor (...) importancia relativa de la primera sobre la segunda, por sí sola, esta distinción no nos da ninguna justificación de por qué la conducta ética es superior a la moral. Nada realmente significativo, fuera del ámbito de la teoría que hace la distinción, depende de la estipulación terminológica entre “ética” y “moral”. (shrink)

In 2016, the international community, in reaction to the growing number of ‘tragedies’ occurring as people attempted to move across borders, met to discuss large movements of refugees and migrants. The outcome of this meeting was an agreement to negotiate two Global Compacts, one on refugees and one on migrants, with the aim of facilitating ‘orderly, safe, regular and responsible migration and mobility of people’. This article explores how responsibility in the Global Compact on Migrant is expressive of a changed (...) way of ‘doing’ migration. The language of ‘responsibility’ raises questions about how the international community views international migration and, by extension, prepares the ground for policy and practice on international migration. Taking a genealogical, jurisprudential approach, we follow the logic which brings migration, development and human rights language together to construct a new subjectivity: that of the ‘responsible’ migrant. The migrant human will be a rights-bearer because they will contribute to development in particular gendered ways. We argue that assuming a narrow understanding of responsibility misses expressive dynamics in the normalizing of international migration within a new framing to inform international law making. (shrink)

This paper provides an account of the paradoxes of teaching democracy, the paradoxes of being a citizen in a liberal democracy, and the insights that can be gained from the model of citizenship that T.H. Green promoted. Green thought citizenship was predicated on the twin foundations of the community and the common good. Freedom for Green means individual self-determination coupled with recognition of the dependency relations between individuals and the community. Green is noteworthy not only as a theorist but also (...) as an active contributor to the development of public schools in England. A consideration of his arguments provides a model for educating citizens, addresses the paradoxes of democracy in education, and reveals elements of his philosophy that are relevant to educational issues today. (shrink)

H. L. A. Hart, in his classic book Law, Liberty, and Morality, is unsuccessful in arguing that James Fitzjames Stephen’s observations about the role of vice in criminal sentencing have no relevance to a more general defense of legal moralism. He does, however, have a very important insight about the special significance of sexual liberty.

This paper deals with three guiding principles of contemporary Western civilization. It explores the compatibility of Toleration, Pluralism and Truth, as well as their application to diverse domains of cultural activity and creation. There is no place for toleration, let alone pluralism, in the realm of logic and mathematics. Scientific conclusions allow diverse degrees of certainty. The realm of monotheistic religions excludes pluralism, but necessitates toleration. The domains of ethics and its related social institutions allow diversity in secondary matters, but (...) essentially should be guided by universally valid principles. In the case of aesthetics, a diversity of taste suggests a virtually unlimited pluralism. Yet, a universal basic principle of aesthetic evaluation is suggested which would greatly reduce tolerable pluralism, although this assertion is made with less confidence than the insistence on basic norms in ethics. (shrink)

The beliefs, feelings, and thoughts that make up our streams of consciousness would seem to be inherently private. Nevertheless, modern neuroscience is offering to open up the sanctity of this domain to outside viewing. A common retort often voiced to this worry is something like, ‘Privacy is difficult to define and has no inherent moral value. What’s so great about privacy?’ In this article I will argue against these sentiments. A definition of privacy is offered along with an account of (...) why privacy is morally valuable. In the remaining sections, several privacy protecting principles are defended that would limit various sorts of neuro-surveillance promised by advancements in neuroscience. (shrink)

ABSTRACT Some of the most compelling contemporary ethical questions surround 21st Century neuroscientific technologies. Among these, neurocognitive intervention technologies allow an unprecedented ability to alter thought. Concerns exist about their impact on individual freedom, behavior and personhood. They could also distort society, eroding core values of dignity, equality, and diversity. Potent laws are needed to anchor regulation in this rising field. The article explores how the long-neglected human right of Freedom of Thought might protect the integrity of the mind at (...) the legal system’s highest level. Sample cases illustrate how it could be given effect ethically and legally to set boundaries for neurocognitive intervention. (shrink)

Currently, some philosophers and technicians propose to change the fundamental constitution of Homo sapiens, as by significantly altering the genome, implanting microchips in the brain, and pursuing related techniques. Among these proposals are aspirations to guide humanity’s evolution into new species. Some philosophers have countered that such species alteration is unethical and have proposed international policies to protect species integrity; yet, it remains unclear on what basis such right to species integrity would rest. An answer may come from an unexpected (...) angle of rights issues: Some cultures have indicated that they want no part of our technological culture, preferring to retain their practices. Yet, rights documents do not explicitly establish that any individual has a right to species integrity. Careful interpretation of rights documents nonetheless reveals that such a right to species integrity is implicit. Interpreting these so as to reveal this needed right is also necessary to retain the foundations of rights documents and institutions. Further, acknowledging a right of species integrity could mean, because of practicalities, a limit to the freedom of proponents to implement proposals to manipulate the species. (shrink)

Bioethicists working on national ethics commissions frequently think of themselves as advisors to the government, but distance themselves from any claims to actual authority. Governments however may find it beneficial to appear to defer to the authority of these commissions when designing laws and policies, and might appoint such commissions for exactly this reason. Where does the authority for setting laws and policies come from? This question is best answered from within a normative political philosophy. This paper explains the locus (...) of moral authority as understood within one family of normative political theories—liberal political theories—and argues that most major “liberal” commentators have understood both the source and scope of ethics commissions’ authority in a manner at odds with liberalism, rightly interpreted. The author argues that reexamining the implications of liberalism for bioethics commissions would mean changing what are considered valid criticisms of such commissions and also changing the content of national bioethics commission mandates. The author concludes that bioethicists who participate in such commissions ought to carefully examine their own views about the normative limits of governmental authority because such limits have important implications for the contribution that bioethicists can legitimately make to government commissions. (shrink)

According to various accounts, intervention in pediatric decisions is justified either by the best interests standard or by the harm principle. While these principles have various nuances that distinguish them from each other, they are similar in the sense that both focus primarily on the features of parental decisions that justify intervention, rather than on the competency or authority of the parties that intervene. Accounts of these principles effectively suggest that intervention in pediatric decision making is warranted for both physicians (...) and the state under precisely the same circumstances. This essay argues that there are substantial differences in the competencies and authorities of physicians and the state, and that the principles that guide their interventions should also be conceived differently. While both the best interests standard and the harm principle effectively incorporate important aspects of physicians’ ethical obligations, neither adequately reflects the state’s ethical obligations. In contrast to physicians, the state has major obligations of distributive justice and neutrality that should form an integral part of any proposed ethical principles guiding state intervention in pediatric decision making. The differences are illustrated by examining recent cases involving parental refusal of chemotherapy in aboriginal Canadian communities and parental refusal of blood transfusions by Jehovah’s Witnesses. (shrink)

There have been recent calls to expand contemporary analytic philosophy of religion beyond the oft implicitly assumed Christian tradition. Instead of exploring moral reasons to expand the discipline, I argue that there are strong epistemic reasons to favour diversifying the philosophy of religion. Increasing diversity is likely to increase disagreement, and there are epistemic benefits to be gained from the existence of disagreement. I argue that such considerations quite clearly apply to the philosophy of religion, and as such that there (...) are epistemic reasons to diversify the field. I conclude by offering a number of practical steps we can take towards achieving this end which are relatively easy to implement. (shrink)

In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these rights of self-defense are both justified and constrained (...) by the basic rights they are supposed to protect. I then explain how this theory responds to a common objection. Opponents argue that, to exercise the right of self-defense, some threat must be present. However, in the context of punishment, the threat has already taken effect or is already gone. Thus, the right of self-defense becomes irrelevant when we punish an offender. I show that this objection is based on an implausibly narrow conception of self-defense. A reasonable conception would allow us to exercise our right of self-defense when there is a present definite threat, a future definite threat, or a potential threat. Thus, we may still exercise our right of self-defense in the context of punishment. (shrink)

This paper describes and assesses a number of dispositions which are instrumental in allowing us to take on the opinions of others unselfconsciously. It is argued that these dispositions are in fact reliable in the environments in which they tend to come into play. In addition, it is argued that agents are, by their own lights, justified in the beliefs they arrive at as a result of these processes. Finally, these processes are argued to provide a basis for rejecting the (...) claim that fixation of belief is radically holistic. (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)

More often than not, business ethics textbooks have included sections on "the great economic debate," that is, the discussion of capitalism as a total system, of the criticisms against it and of the proposed alternatives. The reason for such sections is fairly obvious: at some point one has to consider whether or not all the particular problems of employment, of product quality, of environment, of regulation and so on prove beyond solution without a radical change in the basic institutions of (...) society. Since the collapse of real socialism as an alternative in the period 1989–1991, it has become increasingly difficult to have this discussion. Yet we cannot do without the critique of capitalism even if the answer may be that no other economic system is viable at this moment in history. My interest in this paper is to explore how we might now engage in this critique. Francis Fukuyama's "The End of History?" (1989) and Jacques Derrida's Specters of Marx: The State of the Debt, the Work of Mourning and the New International (1993) provide a framework for this renewed engagement. (shrink)

The article presents different theories and comparative analyses of freedom of speech in both liberal and non-liberal traditions. Whereas freedom of speech is not an absolute right, the question is if this right should depend wholly on the truth of the respective opinion or statement. Theories that justify free speech on the grounds of autonomy, tend to make truth a moral requirement of speech. Theories based on civility and public reason do restrict freedom of speech even further, often making a (...) form of recognition a precondition of free speech. This reveals to be particularly relevant in multicultural contexts and discussions about blasphemy. From this overview of contemporary, global comparative debates on free speech, the article draws some conclusions. First, there should be the absolute primacy of free speech regarding governments and the powerful: Speak truth to power. Second, free speech should underlie no constraints where important individual rights are at stake. Third, academic freedom has a special status and should not be subject to the same limits as freedom of expression more generally. Forth, in civil society and the public sphere a more moderate approach to free speech should be adopted based on civility, public reason and recognition. Yet, any limits should be of moral and not legal nature. (shrink)

Standards of reasonability play an important role in some of the most difficult cases of rape. In recent years, the notion of the reasonable person has supplanted the historical concept of the reasonable man as the test of reasonability. Contemporary feminist critics like Catharine MacKinnon and Kim Lane Scheppele have challenged the notion of the reasonable person on the grounds that reasonability standards are gendered to the ground and so, in practice, the reasonable person is just the reasonable man in (...) a gender neutral guise. These critics call for the explicit employment of a reasonable woman standard for application to the actions of female victims of rape. But the arguments for abandoning a gender-neutral standard are double-edged and the employment of gendered standards of reasonability is likely to have implications that are neither foreseen by, nor acceptable to, advocates of such standards. Reasonable agent standards can be dropped, in favor of appeals to the notion of a reasonable demand by the law. However, if reasonable agent standards are to be retained, gendered versions of such standards are not preferable to gender-neutral ones. (shrink)

EDITOR’S ABSTRACTIn this article, Huang stresses the important role played by the Chinese cultural context in the historical process of translation of Western concepts. Huang exemplifies this point through an analysis of Yan Fu’s translation of “individualism.”.