abstract My aim in this paper is to argue that we have at least some obligations to the dead. After briefly considering some previous (unsuccessful) attempts to establish such obligations, I offer a reductio argument which establishes at least some obligations to the dead. Following this, the surprising extent of these obligations (given a few roughly Kantian assumptions) is considered. I then argue that there are and must be some significant limitations on the duties of the living in relation to (...) the dead. My aim in this paper is not to sort out how we should deal with all of the particular cases in which the question of obligations to the dead emerge — in archaeological digs, research involving the newly dead, the execution of wills, or the fulfilment of last requests — but I will attempt to lay some groundwork for the future assessment of these questions. (shrink)

People often have strong views about being the subjects of research after their deaths. Should these views be given any weight and, if so, how much? How could we find out what the views are and what should we do if we cannot? This paper defends the idea of posthumous interests and discusses the significance of those interests for research ethics. It argues that we can be guided by a symmetry between the interests of living and dead people and uses (...) posthumous privacy as an example. It also claims that the weight of those interests might not decline even over long periods of time. The arguments have important implications for the ethics of (amongst others) biomedical, archaeological, anthropological, historical, and sociological research. (shrink)

The concept of a right is fundamental to moral, political, and legal thinking, but much of the use of that concept is selective and fragmentary: it is common merely to appeal to this or that intuitively plausible attribution of rights as needed for purposes of argument. In The Realm of Rights Judith Thomson provides a full-scale, systematic theory of human and social rights, bringing out what in general makes an attribution of a right true.

It is widely accepted that a person can be harmed by events that occur after her death. The most influential account of how persons can suffer such posthumous harm has been provided by George Pitcher and Joel Feinberg. Yet, despite its influence (or perhaps because of it) the Feinberg-Pitcher account of posthumous harm has been subject to several well-known criticisms. Surprisingly, there has been no attempt to defend this account of posthumous harm against these criticisms, either by philosophers who work (...) on the metaphysics of death or by those who draw upon this account of posthumous harm in their work in other philosophical fields. This paper will rectify this omission, by defending this view against the criticisms it has been subject to—a defense that will both be of intrinsic interest to those who work on the metaphysics of death and that will remedy the lacunae in the wide-ranging philosophical literature that draws upon this account of how posthumous harm is possible. (shrink)

_Death, Posthumous Harm, and Bioethics_ offers a highly distinctive and original approach to the metaphysics of death and applies this approach to contemporary debates in bioethics that address end-of-life and post-mortem issues. Taylor defends the controversial Epicurean view that death is not a harm to the person who dies and the neo-Epicurean thesis that persons cannot be affected by events that occur after their deaths, and hence that posthumous harms are impossible. He then extends this argument by asserting that the (...) dead cannot be wronged, finally presenting a defence of revisionary views concerning posthumous organ procurement. (shrink)

In Death, Posthumous Harm, and Bioethics, I argue that we should endorse a trio of views that together constitute what I term full-blooded epicureanism: That death is not a harm to the person who dies, and that persons can neither be harmed nor wronged by events that occur after their deaths. After defending full-blooded epicureanism, I argue that it can be used to illuminate various contemporary bioethical debates, including those concerning posthumous organ procurement, assisted posthumous reproduction, medical research on the (...) dead, and posthumous medical confidentiality. (shrink)

Can we have a real obligation to the dead, just as we do to the living, or is such a notion merely sentimental or metaphorical? Starting with the example of making a promise, I try to show that we can, since the dead, as well as the living, can have interests, not least because the notion of a person is, in part, a moral construction. ‘The dead’, then, are not merely dead, but particular dead persons, members of something like the (...) sort of ‘transgenerational community’ proposed by Avner de–Shalit. More generally, I argue, we have an obligation to the dead that goes beyond the particularities of promise–making, on account of their role in having made us who we are. I then suggest, though only embryonically, that such obligations may appropriately be discharged by remembering the dead, who they were and what they did. Finally, I consider some possible objections. (shrink)

T. M. Scanlon has alleged that the social practice of promising fails to capture the sense in which when I break my promise I have wronged the promisee in particular. I suggest the practice of promising requires the promisee to have a normatively significant status, a status with interpersonal authority with respect to the promisor, and so be at risk of a particular harm made possible by the social practice of promising. This formulation of the social practice account avoids Scanlon’s (...) concern without collapsing into what Elinor Mason has recently referred to as deflationism about promising. (shrink)

In this paper, I want to defend the thesis that the dead can be harmed, and to explain how this can be so. First, however, I shall discuss a second thesis about the dead—namely, that they can be wronged.

The dead have no interests and are beyond both harm or benefit, but warrant for respecting the wishes of the dead may be found in the traditional notion of the social contract.

On-line English translation of this summary of Epicurus' ethics.

I discuss three views of promising: the view is that promising is a social practice, and that our obligation to keep promises is related to the practice in some way; Scanlon’s non-practice view, and Wallace and Kolodny’s “hybrid view”. I shall argue that none of these accounts is satisfactory, and propose a fourth view: deflationism. Deflationism is the view that saying “I promise” merely adds emphasis and does not incur any extra obligation.

The harm thesis says that death may harm the individual who dies. The posthumous harm thesis says that posthumous events may harm those who die. Epicurus rejects both theses, claiming that there is no subject who is harmed, no clear harm which is received, and no clear time when any harm is received. Feldman rescues the harm thesis with solutions to Epicurus' three puzzles based on his own version of the deprivation account of harm. But many critics, among them Lamont, (...) Grey, Feit and Bradley, have rejected Feldman's solution to the timing puzzle, offering their own solutions in its place. I discuss these solutions to the timing puzzle, and defend the view that while we are alive we may incur harm for which death and posthumous events are responsible. (shrink)

Promising is clearly a social practice or convention. By uttering the formula, “I hereby promise to do X,” we can raise in others the expectation that we will in fact do X. But this succeeds only because there is a social practice that consists (inter alia) in a disposition on the part of promisers to do what they promise, and an expectation on the part of promisees that promisers will so behave. It is equally clear that, barring special circumstances of (...) some kind, it is morally wrong for promisers to fail to do what they have promised to do. What is perhaps less clear is how the moral wrongness that is involved when promises are broken is related to the social practice that makes promising possible in the first place. (shrink)

The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart's Postscript, with fully updated notes to include modern references (...) and further reading. (shrink)

This article offers a critique of Thomas Scanlon's well-known account of promissory obligation by reference to the rights of promisees. Scanlon's account invokes a moral principle, the "principle of fidelity". Now, corresponding to a promisor's obligation to perform is a promisee's right to performance. It is argued that one cannot account for this right in terms of Scanlon's principle. This is so in spite of a clause in the principle relating to the promisee's "consent", which might have been thought to (...) do the trick. Most likely this argument can be applied to all "moral principle" accounts of promissory obligation. An alternative both to these and to "social practice" accounts is needed. (shrink)

This paper challenges the common assumption that an agreement is an exchange of promises. Proposing that the performance obligations of some typical agreements are simultaneous, interdependent, and unconditional, it argues that no promise-exchange has this structure of obligations. In addition to offering general considerations in support of this claim, it examines various types of promise-exchange, showing that none satisfy the criteria noted. Two forms of conditional promise are distinguished and both forms are discussed. A positive account of agreements as joint (...) decisions founded in a joint commitment is sketched. It is argued that the example agreements represent especially clearly the normative structure of social union. (shrink)

In this fresh and powerfully argued book, Mark Bernstein identifies the qualities that make an entity deserving of moral consideration. It is frequently assumed that only (normal) human beings count. Bernstein argues instead for "experientialism"--the view that having conscious experiences is necessary and sufficient for moral standing. He demonstrates that this position requires us to include many non-human animals in our moral realm, but not to the extent that many deep ecologists champion.

Happiness, then, is the best, noblest, and most pleasant thing in the world.'In the Nicomachean Ethics Aristotle's guiding question is: what is the best thing for a human being? His answer is happiness, but he means, not something we feel, but rather a specially good kind of life. Happiness is made up of activities in which we use the best human capacities, both ones that contribute to our flourishing as members of a community, and ones that allow us to engage (...) in god-like contemplation. Contemporary ethical writings on the role and importance of the moral virtues such as courage and justice have drawn inspiration from this work, which also contains important discussions on responsibility for actions, on the nature of practical reasoning, and on friendship and its role in the best life. This new edition retains David Ross's justly admired translation while updating certain key terms. It also includes a valuable introduction to this seminal work, and notes designed to elucidate Aristotle's arguments. (shrink)