Ben Saunders claims that actual consent is not necessary for organ donation due to ‘normative consent’, a concept he borrows from David Estlund. Combining normative consent with Peter Singer's ‘greater moral evil principle’, Saunders argues that it is immoral for an individual to refuse consent to donate his or her organs. If a presumed consent policy were thus adopted, it would be morally legitimate to remove organs from individuals whose wishes concerning donation are not known. This paper disputes Saunders' arguments. (...) First, if death caused by the absence of organ transplant is the operational premise, then, there is nothing of comparable moral precedence under which a person is not obligated to donate. Saunders' use of Singer's principle produces a duty to donate in almost all circumstances. However, this premise is based on a flawed interpretation of cause and effect between organ availability and death. Second, given growing moral and scientific agreement that the organ donors in heart-beating and non-heart-beating procurement protocols are not dead when their organs are surgically removed, it is not at all clear that people have a duty to consent to their lives being taken for their organs. Third, Saunders' claim that there can be good reasons for refusing consent clashes with his claim that there is a moral obligation for everyone to donate their organs. Saunders' argument is more consistent with a conclusion of ‘mandatory consent’. Finally, it is argued that Saunders' policy, if put into place, would be totalitarian in scope and would therefore be inconsistent with the freedom required for a democratic society. (shrink)

In the Laws, Plato argues that the legislator should attempt to persuade people to voluntarily obey the laws. This persuasion is accomplished through use of legislative preludes. Preludes (also called preambles) are short arguments written into the legal code, which precede laws and give reasons to follow them. In this paper, I argue that Plato’s use of persuasive preludes shows that he endorses the core features of a public reason theory of political justification. Many philosophers argue that Plato’s political philosophy (...) is deeply at odds with contemporary liberal political philosophy. While Plato certainly does not affirm (and even rejects) some of the main features of liberalism, if it could be shown that he endorses some account of public reason (which is a liberal idea to its core), this would suggest that there is more in common between Plato and liberalism than many philosophers think. Furthermore, if combined with the work of philosophers, like C.C.W. Taylor, this could form a cumulative case against those who argue that there is little in common between Plato’s political philosophy and liberalism. In short, by showing that Plato endorses the core features of public reason, I endeavor to show that there is more in common between Plato and liberalism than is often thought. (shrink)

Socrates' attitude towards falsehood is quite puzzling in the Republic. Although Socrates is clearly committed to truth, at several points he discusses the benefits of falsehood. This occurs most notably in Book 3 with the "noble lie" (414d-415c) and most disturbingly in Book 5 with the "rigged sexual lottery" (459d-460c). This raises the question: What kinds of falsehoods does Socrates think are beneficial, and what kinds of falsehoods does he think are harmful? And more broadly: What can this tell us (...) about the relationship between ethics and epistemology? The key to answering these questions lies in an obscure and paradoxical passage in Book II; at 382a-d Socrates distinguishes between "true falsehoods" and "impure lies." True falsehoods are always bad, but impure lies are sometimes beneficial. Despite Socrates' insistence that he is not saying anything deep, his distinction is far from straightforward. Nevertheless, in order to determine why some falsehoods are beneficial and why some are always harmful, we must understand what exactly true falsehoods are and how they differ from impure lies. In this paper, I argue that true falsehoods are a restricted class of false beliefs about ethics; they are false beliefs about how one should live and what one should pursue. I refer to these beliefs as "normative commitments." False normative commitments are always pernicious because they create and sustain psychological disharmony. Unlike true falsehoods, impure lies can be about anything. Nevertheless, they are only beneficial when they help produce and sustain true normative commitments. I argue that the upshot of this is that practical concerns have a kind of primacy over theoretical concerns. (shrink)