Decision-making capacity (DMC) plays an important role in clinical practice—determining, on the basis of a patient’s decisional abilities, whether they are entitled to make their own medical decisions or whether a surrogate must be secured to participate in decisions on their behalf. As a result, it’s critical that we get things right—that our conceptual framework be well-suited to the task of helping practitioners systematically sort through the relevant ethical considerations in a way that reliably and transparently delivers correct verdicts about (...) who should and should not have the authority to make their own medical decisions. Unfortunately, however, the standard approach to DMC does not get things right. It is of virtually no help in identifying and clarifying the relevant ethical considerations. And, embedded in the prevailing anti-paternalist paradigm, DMC assessments obfuscate and distort the underlying ethical justification for granting or withholding decisional authority. Here, we describe the core commitments of the standard approach to DMC and then highlight three problems with it. We then argue that these problems are significant enough that they call for more than merely tinkering and fine tuning—variations of the standard approach cannot adequately address them. Instead, we should ditch DMC. (shrink)

The premise-fact confusion in Aristotle’s PRIOR ANALYTICS. -/- The premise-fact fallacy is talking about premises when the facts are what matters or talking about facts when the premises are what matters. It is not useful to put too fine a point on this pencil. -/- In one form it is thinking that the truth-values of premises are relevant to what their consequences in fact are, or relevant to determining what their consequences are. Thus, e.g., someone commits the premise-fact fallacy (...) if they think that a proposition has different consequences were it true than it would have if false. C. I. Lewis said that confusing logical consequence with material consequence leads to this fallacy. See Corcoran’s 1973 “Meanings of implication” [available on Academia. edu]. -/- The premise-fact confusion occurs in a written passage that implies the premise-fact fallacy or that suggests that the writer isn’t clear about the issues involved in the premise-fact fallacy. Here are some examples. -/- E1: If Abe is Ben and Ben swims, then it would follow that Abe swims. -/- Comment: The truth is that from “Abe is Ben and Ben swims”, the proposition “Abe swims” follows. Whether in fact Abe is Ben and Ben swims is irrelevant to whether “Abe swims” follows from “Abe is Ben and Ben swims”. -/- E1 suggests that maybe “Abe swims” wouldn’t follow from “Abe is Ben and Ben swims” if the latter were false. -/- E2: The truth of “Abe is Ben and Ben swims” implies that Abe swims. -/- E3: Indirect deduction requires assuming something false. -/- Comment: If the premises of an indirect deduction are true the conclusion is true and thus the “reductio” assumption is false. But deduction, whether direct or indirect, does not require true premises. In fact, indirect deduction is often used to determine that the premises are not all true. -/- Anyway, the one-page paper accompanying this abstract reports one of dozens of premise-fact errors in PRIOR ANALYTICS. In the session, people can add their own examples and comment on them. For example, is the one at 25b32 the first? What is the next premise-fact error after 25b32? Which translators or commentators discuss this? -/- . (shrink)

In EN II, 1108 9-1108 b10 e più estesamente in EN IV, 1126b 10-1128b 9 Aristotele analizza tre virtù (amichevolezza, sincerità e arguzia) che, coinvolgendo il linguaggio e il senso dell’umorismo, riguardano quell’aspetto fondamentale della natura umana che è la socialità, al punto che pare giustificato l’utilizzo dell’etichetta “virtù sociali” per riferirsi ad esse. Tali virtù, infatti, rappresentano le eccellenze nell’ambito dei rapporti sociali non connotati da affetto e amicizia, ma caratterizzati da un legame ben definito, sufficiente a giustificare l’emergere (...) di virtù peculiari. Questo legame è la cittadinanza: la comune appartenenza a una stessa città genera una frequentazione che, per quanto formale o comunque non sentimentalmente connotata, è opposta all’estraneità. C’è un fine comune che regge la polis, in forza del quale ogni estraneità è vinta, e di cui l’amichevolezza reciproca, l’esigenza di una veridicità nei rapporti, e persino la moderazione ironica nello scherzare e nel fare battute sono segno inequivocabile. Aristotele pertanto tematizza una sfera ben precisa dei rapporti sociali, e ne stabilisce le eccellenze: ciò significa che questa sfera ha una sua specificità e consistenza e di conseguenza anche che questo gruppo di virtù ha una sua autonomia. (shrink)

Dal momento che Gintis è un economista senior e ho letto alcuni dei suoi precedenti libri con interesse, mi aspettavo qualche più intuizione sul comportamento. Purtroppo, fa le mani morte della selezione di gruppo e della fenomenologia nei pezzi centrali delle sue teorie del comportamento, e questo invalida in gran parte l'opera. Peggio ancora, dal momento che mostra un tale cattivo giudizio qui, mette in discussione tutto il suo lavoro precedente. Il tentativo di resuscitare la selezione di gruppo da parte (...) dei suoi amici ad Harvard, Nowak e Wilson, alcuni anni fa è stato uno dei maggiori scandali della biologia nell'ultimo decennio, e ho raccontato la triste storia nel mio articolo 'Altruismo, Gesù e la fine del mondo: come la Templeton Foundation ha acquistato una cattedra di Harvard e ha attaccato Evolution, Rationality and Civilization - Una recensione di E.O. Wilson 'The Social Conquest of Earth' (2012) e Nowak and Highfield 'SuperCooperators'). A differenza di Nowak, Gintis non sembra essere motivato dal fanatismo religioso, ma dal forte desiderio di generare un'alternativa alle cupe realtà della natura umana, reso facile dalla mancanza (quasi universale) della comprensione della biologia umana di base e dello slateismo in bianco degli scienziati comportamentali, di altri accademici e del pubblico in generale. Gintis attacca giustamente (come ha fatto molte volte prima) economisti, sociologi e altri scienziati comportamentali per non avere un quadro coerente per descrivere il comportamento. Naturalmente, il quadro necessario per comprendere il comportamento è evolutivo. Purtroppo, non riesce a fornire uno se stesso (secondo i suoi molti critici e io concordo), e il tentativo di innestare il cadavere marcio di selezione di gruppo su qualsiasi teoria economica e psicologica che ha generato nei suoi decenni di lavoro, invalida semplicemente il suo intero progetto. Anche se Gintis fa uno sforzo coraggioso per capire e spiegare la genetica, come Wilson e Nowak, è lontano da un esperto, e come loro, la matematica lo acceca alle impossibilità biologiche e, naturalmente, questa è la norma nella scienza. Come Wittgenstein notoriamente ha notato sulla prima pagina di Cultura e Valore "Non esiste una denominazione religiosa in cui l'uso improprio delle espressioni metafisiche è stato responsabile di tanto peccato come ha fatto in matematica." È sempre stato chiaro che un gene che provoca un comportamento che diminuisce la propria frequenza non può persistere, ma questo è il nucleo della nozione di selezione del gruppo. Inoltre, è stato ben noto e spesso dimostrato che la selezione di gruppo riduce solo alla forma fisica inclusiva (selezione dei parenti), che, come ha notato Dawkins, è solo un altro nome per l'evoluzione per selezione naturale. Come Wilson, Gintis ha lavorato in questa arena per circa 50 anni e ancora non l'ha afferrato, ma dopo lo scandalo è rotto, mi ci sono voluti solo 3 giorni per trovare, leggere e capire il lavoro professionale più rilevante, come descritto nel mio articolo. È da capo giro rendersi conto che Gintis e Wilson non sono stati in grado di raggiungere questo obiettivo in quasi mezzo secolo. Discuto gli errori di selezione di gruppo e fenomenologia che sono la norma nel mondo accademico come casi speciali della quasi universale incapacità di comprendere la natura umana che stanno distruggendo l'America e il mondo. Coloro che desiderano un quadro aggiornato completo per il comportamento umano dalla moderna vista a due systems possono consultare il mio libro 'La struttura logica dellafilosofia, psicologia, Mind e il linguaggio in Ludwig Wittgenstein e John Searle' 2nd ed (2019). Coloro che sono interessati a più dei miei scritti possono vedere 'TalkingMonkeys--Filosofia, Psicologia, Scienza, Religione e Politica su un Pianeta Condannato--Articoli e Recensioni 2006-2019 3rd ed (2019) e Suicidal Utopian Delusions nel 21st Century 4th ed (2019) . (shrink)

I attempt to meet some criticisms that Williamson makes of my attempt to carry out Prior's project of reducing possibility discourse to actualist discourse.

This paper defends the view, put roughly, that to think that p is to guess that p is the answer to the question at hand, and that to think that p rationally is for one’s guess to that question to be in a certain sense non-arbitrary. Some theses that will be argued for along the way include: that thinking is question-sensitive and, correspondingly, that ‘thinks’ is context-sensitive; that it can be rational to think that p while having arbitrarily low credence (...) that p; that, nonetheless, rational thinking is closed under entailment; that thinking does not supervene on credence; and that in many cases what one thinks on certain matters is, in a very literal sense, a choice. Finally, since there are strong reasons to believe that thinking just is believing, there are strong reasons to think that all this goes for belief as well. (shrink)

An exact truthmaker for A is a state which, as well as guaranteeing A’s truth, is wholly relevant to it. States with parts irrelevant to whether A is true do not count as exact truthmakers for A. Giving semantics in this way produces a very unusual consequence relation, on which conjunctions do not entail their conjuncts. This feature makes the resulting logic highly unusual. In this paper, we set out formal semantics for exact truthmaking and characterise the resulting notion of (...) entailment, showing that it is compact and decidable. We then investigate the effect of various restrictions on the semantics. We also formulate a sequent-style proof system for exact entailment and give soundness and completeness results. (shrink)

Moral progress and some of the conditions under which groups can make it is the focus of this paper. More specifically, I address a problem arising from the use of pluralistic criteria for determining moral progress. Pluralistic criteria can allow for judgments that moral progress has taken place where there is causally related moral regression. Indeed, an otherwise well-argued pluralistic theory put forward by Michelle Moody-Adams allows for such conflicting judgments. I argue, however, that the way in which Moody-Adams handles (...) these conflicts can be made less counterintuitive. Ultimately, I limit the types of moral progress that arise in instances of value conflict. To demonstrate the attractiveness of my revision, I apply it to the content of a symposium on moral progress built around a John Lachs essay. (shrink)

An action is agentially perfect if and only if, if a person tries to perform it, they succeed, and, if a person performs it, they try to. We argue that trying itself is agentially perfect: if a person tries to try to do something, they try to do it; and, if a person tries to do something, they try to try to do it. We show how this claim sheds new light on questions about basic action, the logical structure of (...) intentional action, and the notion of "options" in decision theory. On the way to these central ideas, we argue that a person can try to do something even if they believe it is impossible that they will succeed, that a person can try to do something even if they do not want to succeed, and that a person can try to do something even if they do not intend to succeed. (shrink)

According to hedonism about well-being, lives can go well or poorly for us just in virtue of our ability to feel pleasure and pain. Hedonism has had many advocates historically, but has relatively few nowadays. This is mainly due to three highly influential objections to it: The Philosophy of Swine, The Experience Machine, and The Resonance Constraint. In this paper, I attempt to revive hedonism. I begin by giving a precise new definition of it. I then argue that the right (...) motivation for it is the ‘experience requirement’ (i.e., that something can benefit or harm a being only if it affects the phenomenology of her experiences in some way). Next, I argue that hedonists should accept a felt-quality theory of pleasure, rather than an attitude-based theory. Finally, I offer new responses to the three objections. Central to my responses are (i) a distinction between experiencing a pleasure (i.e., having some pleasurable phenomenology) and being aware of that pleasure, and (ii) an emphasis on diversity in one’s pleasures. (shrink)

This paper considers some puzzling knowledge ascriptions and argues that they present prima facie counterexamples to credence, belief, and justification conditions on knowledge, as well as to many of the standard meta-semantic assumptions about the context-sensitivity of ‘know’. It argues that these ascriptions provide new evidence in favor of contextualist theories of knowledge—in particular those that take the interpretation of ‘know’ to be sensitive to the mechanisms of constraint.

In this paper, I reconstruct Robert Nozick's experience machine objection to hedonism about well-being. I then explain and briefly discuss the most important recent criticisms that have been made of it. Finally, I question the conventional wisdom that the experience machine, while it neatly disposes of hedonism, poses no problem for desire-based theories of well-being.

Decision-making Capacity matters to whether a patient’s decision should determine her treatment. But why it matters in this way isn’t clear. The standard story is that dmc matters because autonomy matters. And this is thought to justify dmc as a gatekeeper for autonomy – whereby autonomy concerns arise if but only if a patient has dmc. But appeals to autonomy invoke two distinct concerns: concern for authenticity – concern that a choice is consistent with an individual’s commitments; and concern for (...) sovereignty – concern that an individual exercises control over that which is hers to control. Here, I argue, neither concern can alone explain why dmc matters. Instead, dmc matters because it indicates a harmony between the two concerns – the demands of each concern are more likely to agree if a patient has dmc. This vindicates the standard story, but also makes clear that dmc is an inappropriate gatekeeper for autonomy. (shrink)

Philosophers of logic are particularly interested in understanding the aims, epistemology, and methodology of logic. This raises the question of how the philosophy of logic should go about these enquires. According to the practice-based approach, the most reliable method we have to investigate the methodology and epistemology of a research field is by considering in detail the activities of its practitioners. This holds just as true for logic as it does for the recognised empirical and abstract sciences. If we wish (...) to systematically understand the aims and epistemology of logic, we are best placed achieving this by looking at what logicians do, rather than reflecting upon the nature of logic itself. In this entry, we outline the motivations for a practice-based approach towards the philosophy of logic and highlight its advantages over more “top-down” approaches, which attempt to infer conclusions about the nature of logic and its methodology on the basis of traditional assumptions about knowledge, metaphysics, or logic itself. We end by addressing several prominent concerns raised against the practice-based approach. (shrink)

A puzzling feature of paradigmatic cases of dehumanization is that the perpetrators often attribute uniquely human traits to their victims. This has become known as the “paradox of dehumanization.” We address the paradox by arguing that the perpetrators think of their victims as human in one sense, while denying that they are human in another sense. We do so by providing evidence that people harbor a dual character concept of humanity. Research has found that dual character concepts have two independent (...) sets of criteria for their application, one of which is descriptive and one of which is normative. Across four experiments, we found evidence that people deploy a descriptive criterion according to which being human is a matter of being a Homo sapiens; as well as a normative criterion according to which being human is a matter of possessing a deep-seated commitment to do the morally right thing. Importantly, we found that people are willing to affirm that someone is human in the descriptive sense, while denying that they are human in the normative sense, and vice versa. In addition to providing a solution to the paradox of dehumanization, these findings suggest that perceptions of moral character have a central role to play in driving dehumanization. (shrink)

In many jurisdictions in the United States and elsewhere, the law governing deadly force by police and civilians contains a notable asymmetry. Often civilians but not police are bound by the imminence requirement—that is, a necessary condition for justifying deadly force is reasonable belief that oneself or another innocent person faces imminent threat of grave harm. In U.S. law enforcement, however, there has been some shift toward the imminence requirement, most evident in the use-of-force policy adopted by the Department of (...) Justice in 2022. This article defends that shift and argues that the ethical case for the imminence requirement in policing is stronger than Shannon Brandt Ford suggests in a recent article. Though the imminence requirement’s impacts on policing and public safety require ongoing study, the principle of equality before the law and the Doctrine of Doing and Allowing both provide moral grounds for this requirement, especially given the lack of evidence that the status quo helps protect life. (shrink)

Answers to the questions of what justifies conscientious objection in medicine in general and which specific objections should be respected have proven to be elusive. In this paper, I develop a new framework for conscientious objection in medicine that is based on the idea that conscience can express true moral claims. I draw on one of the historical roots, found in Adam Smith’s impartial spectator account, of the idea that an agent’s conscience can determine the correct moral norms, even if (...) the agent’s society has endorsed different norms. In particular, I argue that when a medical professional is reasoning from the standpoint of an impartial spectator, his or her claims of conscience are true, or at least approximate moral truth to the greatest degree possible for creatures like us, and should thus be respected. In addition to providing a justification for conscientious objection in medicine by appealing to the potential truth of the objection, the account advances the debate regarding the integrity and toleration justifications for conscientious objection, since the standard of the impartial spectator specifies the boundaries of legitimate appeals to moral integrity and toleration. The impartial spectator also provides a standpoint of shared deliberation and public reasons, from which a conscientious objector can make their case in terms that other people who adopt this standpoint can and should accept, thus offering a standard fitting to liberal democracies. (shrink)

This paper defends the simple view that in asserting that p, one lies iff one knows that p is false. Along the way it draws some morals about deception, knowledge, Gettier cases, belief, assertion, and the relationship between first- and higher-order norms.

Adaptive preference formation is the unconscious altering of our preferences in light of the options we have available. Jon Elster has argued that this is bad because it undermines our autonomy. I agree, but think that Elster's explanation of why is lacking. So, I draw on a richer account of autonomy to give the following answer. Preferences formed through adaptation are characterized by covert influence (that is, explanations of which an agent herself is necessarily unaware), and covert influence undermines our (...) autonomy because it undermines the extent to which an agent's preferences are ones that she has decided upon for herself. This answer fills the lacuna in Elster's argument. It also allows us to draw a principled distinction between adaptive preference formation and the closely related phenomenon of character planning. (shrink)

The evil God challenge is an argumentative strategy that has been pursued by a number of philosophers in recent years. It is apt to be understood as a parody argument: a wholly evil, omnipotent and omniscient God is absurd, as both theists and atheists will agree. But according to the challenge, belief in evil God is about as reasonable as belief in a wholly good, omnipotent and omniscient God; the two hypotheses are roughly epistemically symmetrical. Given this symmetry, thesis belief (...) in an evil God and belief in a good God are taken to be similarly preposterous. In this paper, we argue that the challenge can be met, suggesting why the three symmetries that need to hold between evil God and good God – intrinsic, natural theology and theodicy symmetries – can all be broken. As such, we take it that the evil God challenge can be met. (shrink)

Two problems seem to plague Adam Smith’s account of sympathy and approbation in The Theory of Moral Sentiments (TMS). First, Smith’s account of sympathy at the beginning of TMS appears to be inconsistent with the account of sympathy at the end of TMS. In particular, it seems that Smith did not appreciate the distinction between ‘self-oriented sympathy’ and ‘other-oriented sympathy’, that is, between imagining being oneself in the actor’s situation and imagining being the actor in the actor’s situation. Second, Smith’s (...) account of approbation, according to which a sentiment of approval arises when there is recognition of concordance between the spectator’s sympathetic passion and the actor’s original passion, seems to face the following problem: since the spectator attains both his own sympathetic passion and the actor’s original passion by sympathizing with the actor, the sympathetic passion of the spectator and the original passion of the actor will necessarily be identical. Therefore, Smith’s account of approbation requires that the spectator utilize both self-oriented and other-oriented sympathy (‘the double-sympathy model of approbation’). I offer a novel developmental account of sympathy in TMS that renders Smith’s account of sympathy consistent and allows for the utilization of the double-sympathy model of approbation. (shrink)

I introduce a distinction between health need and medical need, and raise several questions about their interaction. Health needs are needs that relate directly to our health condition. Medical needs are needs which bear some relation to medical institutions or processes. I suggest that the question of whether medical insurance or public care should cover medical needs, health needs, or only needs which fit both categories is a political question that cannot be resolved definitionally. I also argue against an overly (...) strict definition of medical need on the grounds that this presupposes, wrongly, that medical intervention should always be a last resort. (shrink)

Apocalypse, it seems, is everywhere. Preachers with vast followings proclaim the world's end and apocalyptic fears grip even the non-religious amid climate change, pandemics, and threats of nuclear war. But as these ideas pervade popular discourse, grasping their logic remains elusive. Ben Jones argues that we can gain insight into apocalyptic thought through secular thinkers. He starts with a puzzle: Why would secular thinkers draw on Christian apocalyptic beliefs--often dismissed as bizarre--to interpret politics? The apocalyptic tradition proves appealing in part (...) because it theorizes a special relation between crisis and utopia. Apocalyptic thought points to crisis as the vehicle to bring the previously impossible within reach, thus offering apparent resources for navigating challenges in ideal theory, which tries to imagine the best and most just society. By examining apocalyptic thought's appeal and risks, this study arrives at new insights on the limits of ideal theory and utopian hope. (shrink)

Counterfactuals are context-sensitive. However, we argue that various debates and doctrines in metaphysics and the philosophy of science are premised on ignoring the full extent of counterfactual context-sensitivity. Our focus is on the prominent "miracle" versus "no-miracle" debate about counterfactuals under the assumption that our laws of nature are deterministic. But we also discuss doctrines that employ counterfactuals in theories of rational decision, as well as doctrines that explain what it is to be a law of nature in terms of (...) counterfactuals. We conclude by drawing some morals about the use of counterfactuals in philosophical theorizing more generally. (shrink)

Physicians frequently ask whether they should give patients what they want, usually when there are considerations pointing against doing so, such as medicine’s values and physicians’ obligations. It has been argued that the source of medicine’s values and physicians’ obligations lies in what has been dubbed “the internal morality of medicine”: medicine is a practice with an end and norms that are definitive of this practice and that determine what physicians ought to do qua physicians. In this paper, I defend (...) the claim that medicine requires a morality that is internal to its practice, while rejecting the prevalent characterization of this morality and offering an alternative one. My approach to the internal morality of medicine is constructivist in nature: the norms of medicine are constructed by medical professionals, other professionals, and patients, given medicine’s end of “benefitting patients in need of prima facie medical treatment and care.” I make the case that patients should be involved in the construction of medicine’s morality not only because they have knowledge that is relevant to the internal morality of medicine—namely, their own values and preferences—but also because medicine is an inherently relational enterprise: in medicine the relationship between physician and patient is a constitutive component of the craft itself. The framework I propose provides an authoritative morality for medicine, while allowing for the incorporation, into that very morality, of qualified deference to patient values. (shrink)

Virtue epistemology is among the dominant influences in mainstream epistemology today. An important commitment of one strand of virtue epistemology – responsibilist virtue epistemology (e.g., Montmarquet 1993; Zagzebski 1996; Battaly 2006; Baehr 2011) – is that it must provide regulative normative guidance for good thinking. Recently, a number of virtue epistemologists (most notably Baehr, 2013) have held that virtue epistemology not only can provide regulative normative guidance, but moreover that we should reconceive the primary epistemic aim of all education as (...) the inculcation of the intellectual virtues. Baehr’s picture contrasts with another well-known position – that the primary aim of education is the promotion of critical thinking (Scheffler 1989; Siegel 1988; 1997; 2017). In this paper – that we hold makes a contribution to both philosophy of education and epistemology and, a fortiori, epistemology of education – we challenge this picture. We outline three criteria that any putative aim of education must meet and hold that it is the aim of critical thinking, rather than the aim of instilling intellectual virtue, that best meets these criteria. On this basis, we propose a new challenge for intellectual virtue epistemology, next to the well-known empirically-driven ‘situationist challenge’. What we call the ‘pedagogical challenge’ maintains that the intellectual virtues approach does not have available a suitably effective pedagogy to qualify the acquisition of intellectual virtue as the primary aim of education. This is because the pedagogic model of the intellectual virtues approach (borrowed largely from exemplarist thinking) is not properly action-guiding. Instead, we hold that, without much further development in virtue-based theory, logic and critical thinking must still play the primary role in the epistemology of education. (shrink)

There are at least two traditional conceptions of numerical degree of similarity. According to the first, the degree of dissimilarity between two particulars is their distance apart in a metric space. According to the second, the degree of similarity between two particulars is a function of the number of (sparse) properties they have in common and not in common. This paper argues that these two conceptions are logically independent, but philosophically inconsonant.

The philosophical study of well-being concerns what makes lives good for their subjects. It is now standard among philosophers to distinguish between two kinds of well-being: - lifetime well-being, i.e., how good a person's life was for him or her considered as a whole, and - temporal well-being, i.e., how well off someone was, or how they fared, at a particular moment in time or over a period of time longer than a moment but shorter than a whole life, say, (...) a day, month, year, or chapter of a life. Many theories have been offered of each of these kinds of well-being. A common view is that lifetime well-being is in some way constructed out of temporal well-being. This book argues that much of this literature is premised on a mistake. Lifetime well-being cannot be constructed out of temporal well-being, because there is no such thing as temporal well-being. The only genuine kind of well-being is lifetime well-being. The Passing of Temporal Well-Being will prove essential reading for professional philosophers, especially in moral and political philosophy. It will also be of interest to welfare economists and policy-makers who appeal to well-being. (shrink)

This article offers a normative analysis of some of the most controversial incidents involving police—what I call police-generated killings. In these cases, bad police tactics create a situation where deadly force becomes necessary, becomes perceived as necessary, or occurs unintentionally. Police deserve blame for such killings because they choose tactics that unnecessarily raise the risk of deadly force, thus violating their obligation to prioritize the protection of life. Since current law in the United States fails to ban many bad tactics, (...) police- generated killings often are treated as “lawful but awful.” To address these killings, some call on changes to departmental policies or voluntary reparations by local governments, yet such measures leave in place a troubling gap between ethics and law. I argue that police-generated killings merit legal sanctions by appealing to a relevant analogy: self-generated self-defense, where the person who engages in self-defense started the trouble. The persistent lack of accountability for police-generated killings threatens life, police legitimacy, and trust in democratic institutions. The article closes by identifying tools in law and policy to address this challenge. (shrink)

This paper considers whether an analogy between distance and dissimilarlity supports the thesis that degree of dissimilarity is distance in a metric space. A straightforward way to justify the thesis would be to define degree of dissimilarity as a function of number of properties in common and not in common. But, infamously, this approach has problems with infinity. An alternative approach would be to prove representation and uniqueness theorems, according to which if comparative dissimilarity meets certain qualitative conditions, then it (...) is representable by distance in a metric space. I will argue that this approach faces equally severe problems with infinity. (shrink)

Ben-Yami presents Wittgenstein’s explicit criticism of the Platonic identification of an explanation with a definition and the alternative forms of explanation he employed. He then discusses a few predecessors of Wittgenstein’s criticisms and the Fregean background against which he wrote. Next, the idea of family resemblance is introduced, and objections answered. Wittgenstein’s endorsement of vagueness and the indeterminacy of sense are presented, as well as the open texture of concepts. Common misunderstandings are addressed along the way. Wittgenstein’s ideas, as is (...) then shown, have far-reaching implications for knowledge of meaning and the nature of logic, and with them to the nature of the philosophical project and its possible achievements. (shrink)

In Liberalism without Perfection Jonathan Quong defends a form of political liberalism; that is, a political philosophy that answers ‘no’ to both the following questions: 1. Must liberal political philosophy be based in some particular ideal of what constitutes a valuable or worthwhile human life, or other metaphysical beliefs? 2. Is it permissible for a liberal state to promote or discourage some activities, ideals, or ways of life on grounds relating to their inherent or intrinsic value, or on the basis (...) of other metaphysical claims? In these remarks, I respond to Quong’s arguments against those of his rivals who answer ‘Yes’ to his first question by dint of their comprehensive commitment to an ideal of individual autonomy. One of these, which Quong calls ‘comprehensive antiperfectionism’, answers ‘Yes’ to Question 1 and ‘No’ to Question 2. The other, which answers ‘Yes’ to both, he calls (comprehensive) ‘liberal perfectionism’. Quong poses these positions a dilemma: they cannot consistently be both comprehensive (by retaining their commitment to autonomy) and liberal (by ruling out the sort of coercive interference in people’s choices which is beyond the liberal pale). I argue on the contrary that a comprehensive commitment to autonomy actually demands a general injunction against such coercive interference, because responsibility is an important component of the autonomous life, and coercion always undermines responsibility. So, Quong’s dilemma is unsuccessful. (shrink)

This article explains and defends a novel idea about how people can be misled by a discussion topic, even if the discussion itself does not explicitly involve the making of false claims. The crucial aspect of this idea is that people are liable to infer, from the fact that a particular topic is being discussed, that this topic is important. As a result, they may then be led to accept certain beliefs about the state of the world they consider necessary (...) for the topic’s importance. What the article calls “importance misrepresentation” occurs when these beliefs about the state of the world are false or otherwise mistaken. The article explores different ways in which importance misrepresentation can occur, and it uses this idea to help clarify and strengthen some well‐known criticisms of the topic choices of academic philosophers. (shrink)

The theory of embodiment is used in providing an account of the identity of acts and in providing solutions to various puzzles concerning acts.

There is an ongoing increase in the use of mobile health technologies that patients can use to monitor health-related outcomes and behaviours. While the dominant narrative around mHealth focuses on patient empowerment, there is potential for mHealth to fit into a growing push for patients to take personal responsibility for their health. I call the first of these uses ‘medical monitoring’, and the second ‘personal health surveillance’. After outlining two problems which the use of mHealth might seem to enable us (...) to overcome—fairness of burdens and reliance on self-reporting—I note that these problems would only really be solved by unacceptably comprehensive forms of personal health surveillance which applies to all of us at all times. A more plausible model is to use personal health surveillance as a last resort for patients who would otherwise independently qualify for responsibility-based penalties. However, I note that there are still a number of ethical and practical problems that such a policy would need to overcome. The prospects of mHealth enabling a fair, genuinely cost-saving policy of patient responsibility are slim. (shrink)

According to attitudinal theories of pleasure and pain, what makes a given sensation count as a pleasure or a pain is just the attitudes of the experiencing agent toward it. In a previous article, I objected to such theories on the grounds that they cannot account for pleasures and pains whose subjects are entirely unaware of them at the time of experience. Recently, Chris Heathwood and Fred Feldman, the two leading contemporary defenders of attitudinal theories, have responded to this objection, (...) in very different ways. In this paper, I reconstruct and evaluate these responses. My conclusion is that neither response succeeds. (shrink)

My question in the chapter is this: could (and should) the role of the physician be construed as that of a friend to the patient? I begin by briefly discussing the “friendship model” of the physician-patient relationship—according to which physicians and patients could, and perhaps should, be friends—as well as its history and limitations. Given these limitations, I focus on the more one-sided idea that the physician could, and perhaps should, be a friend to the patient (a “physician-qua-friend model” of (...) the physician-patient relationship). I show that given recent developments in our understanding of the physician-patient relationship, this idea is far from asinine. I then make the case that the most plausible conception of the physician-qua-friend model incorporates the following components: (a) a common goal, that is, one that physician and patient share; (b) certain forms of equality between physician and patient; (c) an ideal of a caring physician. Finally, I show how the model can be instantiated in a certain type of physician-patient interaction, namely, in physician-assisted dying. (shrink)

One prominent argument in international law and religious thought for abolishing capital punishment is that it violates individuals’ right to life. Notably, this _right-to-life argument_ emerged from normative and legal frameworks that recognize deadly force against aggressors as justified when necessary to stop their unjust threat of grave harm. Can capital punishment be necessary in this sense—and thus justified defensive killing? If so, the right-to-life argument would have to admit certain exceptions where executions are justified. Drawing on work by Hugo (...) Bedau, I identify a thought experiment where executions are justified defensive killing but explain why they cannot be in our world. A state’s obligations to its prisoners include the _obligation to use nonlethal incapacitation_ (ONI), which applies as long as prisoners pose no imminent threat. ONI precludes executions for reasons of future dangerousness. By subjecting the right-to-life argument to closer scrutiny, this article ultimately places it on firmer ground. (shrink)

The non-identity problem is that some actions seem morally wrong even though, by affecting future people’s identities, they are worse for nobody. In this paper, I further develop and defend a lesser-known solution to the problem, one according to which when such actions are wrong, it is not because of what they do or produce, but rather just because of why they were performed. In particular, I argue that the actions in non-identity cases are wrong just when and because they (...) result from, or reflect in those who have performed them, a morally dubious character trait. (shrink)

Animals suffer harms not only in human captivity but in the wild as well. Some of these latter harms are due to humans, but many of them are not. Consider, for example, the harms of predation, i.e. of being hunted, killed, and eaten by other animals. Should we intervene in nature to prevent these harms? In this article, I consider two possible ways in which we might do so: (1) by herbivorising predators (i.e. genetically modify them so that their offspring (...) gradually evolve into herbivores) and (2) by painlessly killing predators. I argue that, among these options, painlessly killing predators would be preferable to herbivorising them. I then argue that painlessly killing predators, despite its costs to predators, might under certain circumstances be justifiable. (shrink)

It is often thought that some version of what is generally called the publicity condition is a reasonable requirement to impose on moral theories. In this article, after formulating and distinguishing three versions of the publicity condition, I argue that the arguments typically used to defend them are unsuccessful and, moreover, that even in its most plausible version, the publicity condition ought to be rejected as both question-begging and unreasonably demanding.

I offer a novel two-stage reconstruction of Hume’s general-point-of-view account, modeled in part on his qualified-judges account in ‘Of the Standard of Taste.’ In particular, I argue that the general point of view needs to be jointly constructed by spectators who have sympathized with (at least some of) the agents in (at least some of) the actor’s circles of influence. The upshot of the account is two-fold. First, Hume’s later thought developed in such a way that it can rectify the (...) problems inherent in his Treatise account of the general point of view. Second, the proposed account provides the grounds for an adequate and well-motivated modest ideal observer theory of the standard of virtue. (shrink)

I examine the origins of ordinary racial thinking. In doing so, I argue against the thesis that it is the byproduct of a unique module. Instead, I defend a pluralistic thesis according to which different forms of racial thinking are driven by distinct mechanisms, each with their own etiology. I begin with the belief that visible features are diagnostic of race. I argue that the mechanisms responsible for face recognition have an important, albeit delimited, role to play in sustaining this (...) belief. I then argue that essentialist beliefs about race are driven by some of the mechanisms responsible for “entitativity perception”: the tendency to perceive some aggregates of people as more genuine groups than others. Finally, I argue that coalitional thinking about race is driven by a distinctive form of entitativity perception. However, I suggest that more data is needed to determine the prevalence of this form of racial thinking. (shrink)

It is natural to think that there is a tight connection between whether someone is responsible for some outcome and whether it is appropriate to hold her accountable for that outcome. And this natural thought naturally extends to health: if someone is responsible for her health, then, all else being equal, she is accountable for it. Given this, some have thought that responsibility for health has an important role to play in distributing the benefits and burdens of healthcare. But there (...) is a reason for caution. That health is influenced by social, economic, and environmental factors is a matter of consensus. And some have argued that in light of these social determinants of health, individuals are not typically responsible for their health, rendering inappropriate policies that employ a responsibility‐for‐health criterion. This debate implicates a number of overlapping concepts and questions that are often difficult to pull apart. And I worry that those who maintain that social determinants undermine responsibility for health have latched on to the wrong target. The social determinants of health are relevant to such policies, but, I argue, not by globally undermining responsibility. Rather, social determinants are sometimes responsibility‐undermining, sometimes responsibility‐preserving, and often relevant to whether we should hold individuals accountable for their health regardless of their responsibility. This calls for a more nuanced appraisal of the ways in which the social determinants of health are relevant to such policies. And here I attempt to provide one. (shrink)

There is significant controversy over whether patients have a ‘right not to know’ information relevant to their health. Some arguments for limiting such a right appeal to potential burdens on others that a patient’s avoidable ignorance might generate. This paper develops this argument by extending it to cases where refusal of relevant information may generate greater demands on a publicly funded healthcare system. In such cases, patients may have an ‘obligation to know’. However, we cannot infer from the fact that (...) a patient has an obligation to know that she does not also have a right not to know. The right not to know is held against medical professionals at a formal institutional level. We have reason to protect patients’ control over the information that they receive, even if in individual instances patients exercise this control in ways that violate obligations. (shrink)

A plausible principle about the felicitous use of indicative conditionals says that there is something strange about asserting an indicative conditional when you know whether its antecedent is true. But in most contexts there is nothing strange at all about asserting indicative conditionals like ‘If Oswald didn’t shoot Kennedy, then someone else did’. This paper argues that the only compelling explanation of these facts requires the resources of contextualism about knowledge.

Many assume that theories of distributive justice must obviously take people’s lifetimes, and only their lifetimes, as the relevant period across which we distribute. Although the question of the temporal subject has risen in prominence, it is still relatively underdeveloped, particularly in the sphere of health and healthcare. This paper defends a particular view, “momentary sufficientarianism,” as being an important element of healthcare justice. At the heart of the argument is a commitment to pluralism about justice, where theorizing about just (...) principles demands paying attention to the role particular goods play in our lives. This means that different approaches to the temporal subject—as well as other relevant issues—may be appropriate for different goods, including different goods within healthcare. In particular, the paper discusses two central goods targeted by healthcare: life-saving and pain relief. The view is offered as complementary to, rather than competitive with, lifetime approaches. As such, the paper finishes by considering how a pluralist approach, which engages both with people’s lives as a whole and with their states at particular moments, can reconcile the potentially competing claims in healthcare that emerge from these two perspectives. (shrink)

A clear and provocative introduction to the ethics of COVID-19, suitable for university-level students, academics, and policymakers, as well as the general reader. It is also an original contribution to the emerging literature on this important topic. The author has made it available Open Access, so that it can be downloaded and read for free by all those who are interested in these issues. Key features include: -/- A neat organisation of the ethical issues raised by the pandemic. An exploration (...) of the many complex interconnections between these issues. A succinct case for a continued lockdown until we develop a vaccine. An original account of the Deep Moral Problem of the Pandemic, and a Revolutionary Argument for how we should change society post-pandemic. References to, and engagement with, many of the best writings on the pandemic so far (both in popular media and academic journals). -/- ISBN: 978-0-6489016-0-0. (shrink)