Algorithmic discrimination has rapidly become a topic of intense public and academic interest. This article explores three issues raised by algorithmic discrimination: 1) the distinction between direct and indirect discrimination, 2) the notion of disadvantageous treatment, and 3) the moral badness of discriminatory automated decision-making. It argues that some conventional distinctions between direct and indirect discrimination appear not to apply to algorithmic discrimination, that algorithmic discrimination may often be discrimination between groups, as opposed to against groups, and that it is (...) not necessarily the case that morally bad algorithmic discrimination gives us reason to not use automated decision-making. For each of the three issues, the article explores implications for algorithmic discrimination, suggests some alternative answers, and clarifies how we may want to think of discrimination more broadly in light of lessons drawn from the context of algorithmic discrimination. (shrink)

Over the past decade, scholars, institutions, and activists have voiced strong concerns about the potential of automated decision systems to indirectly discriminate against vulnerable groups. This article analyses the ethics of algorithmic indirect discrimination, and argues that we can explain what is morally bad about such discrimination by reference to the fact that it causes harm. The article first sketches certain elements of the technical and conceptual background, including definitions of direct and indirect algorithmic differential treatment. It next introduces three (...) prominent accounts of fairness as potential explanations if the badness of algorithmic indirect discrimination, but argues that all three are vulnerable to powerful levelling-down-style objections. Instead, the article demonstrates how proper attention to the way differences in decision-scenarios affect the distribution of harms can help us account for intuitions in prominent cases. Finally, the article considers a potential objection based on the fact that certain forms of algorithmic indirect discrimination appear to distribute rather than cause harm, and notes that we can explain how such distributions cause harm by attending to differences in individual and group vulnerability. (shrink)

This article analyses the moral status of racial profiling from a consequentialist perspective and argues that, contrary to what proponents of racial profiling might assume, there is a prima facie case against racial profiling on consequentialist grounds. To do so it establishes general definitions of police practices and profiling, sketches out the costs and benefits involved in racial profiling in particular and presents three challenges. The foundation challenge suggests that the shifting of burdens onto marginalized minorities may, even when profiling (...) itself is justified, serve to prolong unjustified police practices. The valuation challenge argues that although both costs and benefits are difficult to establish, the benefits of racial profiling are afflicted with greater uncertainty than the costs, and must be comparatively discounted. Finally, the application challenge argues that using racial profiling in practice will be complicated by both cognitive and psychological biases, which together reduce the effectiveness of profiling while still incurring its costs. Jointly, it is concluded, these challenges establish a prima facie case against racial profiling, so that the real challenge consists in helping officers practice the art of the police and not see that which it is useless that they should see. (shrink)

In this article I critically examine a standard feature in conceptions of discrimination: the group-criterion, specifically the idea that there is a limited and definablegroup of traits that can form the basis of discrimination. I review two types of argument for the criterion. One focuses on inherently relevant groups and relies ultimately on luck-egalitarian principles; the other focuses on contextually relevant groups and relies ultimately on the badness of outcomes. I conclude that as neither type of argument is convincing, the (...) criterion is morally arbitrary, and as such untenable. Finally, I suggest both some of the conceptual and some of the practical implications of abandoning the criterion. (shrink)

Metaethical constructivism aims to explain morality’s authority and relevance by basing it in agency, in a capacity of the creatures who are in fact morally bound. But constructivists have struggled to wring anything recognizably moral from an appropriately minimal conception of agency. Even if they could, basing our reasons in our individual agency seems to make other people reason-giving for us only indirectly. This paper argues for a constructivism based on a social conception of agency, on which our capacity to (...) recognize ourselves as having reasons ties us inescapably to others. It argues that mutual recognition is a pervasive feature of linguistic concepts, and builds this into a view called transformative expressivism. (shrink)

This article seeks to describe in general terms what has become the standard way of conceptualizing moral injury in the clinical psychological and psychiatric literature, which is the key source for applications of the concept in other domains. What we call “the standard model” draws on certain assumptions about beliefs, mental states, and emotions as well as an implicit theory of causation about how various forms of harm arise from certain experiences or “events” that violate persons’ moral beliefs and systems. (...) Our analysis makes these assumptions more explicit and subjects them to critical scrutiny. In so doing, we survey the current literature and identify basic features of how moral injuries are defined, how they are thought to occur, and the forms of treatment or repair that appear to be indicated. We caution that it matters how moral experience is characterized and argue that an alternative understanding of what is the moral in moral injury is important for overcoming critical challenges to the standard model. Moreover, recently evolving approaches to moral repair could be more consistent with an alternative model. Our concluding suggestion is that a more robust account of the nature of moral experience and its relations to self-identity and social experience more generally could advance understanding of the etiology of moral injury and promote rehabilitation. (shrink)

Automated decision making for sentencing is the use of a software algorithm to analyse a convicted offender’s case and deliver a sentence. This chapter reviews the moral arguments for and against employing automated decision making for sentencing and finds that its use is in principle morally permissible. Specifically, it argues that well-designed automated decision making for sentencing will better approximate the just sentence than human sentencers. Moreover, it dismisses common concerns about transparency, privacy and bias as unpersuasive or inapplicable. The (...) chapter also notes that moral disagreement about theories of just sentencing are plausibly resolved by applying the principle of maximising expected moral choiceworthiness, and that automated decision making is better suited to the resulting ensemble model. Finally, the chapter considers the challenge posed by penal populism. The dispiriting conclusion is that although it is in theory morally desirable to use automated decision-making for criminal sentencing, it may well be the case that we ought not to try. (shrink)

The article explores one prominent account of what makes discrimination morally bad (when it is) – the disrespect-based account. The article first reviews and clarifies the account, arguing that it is most charitably understood as the claim that discrimination is morally bad when the discriminator gives lower weight to reasons grounded in the moral status of the discriminatee(s) in her decision-making. It then presents three challenges to the account, and reviews a recent argument in defense of it. The first challenge (...) is the fact that intuitions that might support the disrespect-based account can also be explained by reference to the fact that disrespect reflects poorly on the moral character of the discriminator. The second challenge is that there are cases where disrespectful discrimination is not intuitively worse than non-disrespectful discrimination. The third challenge is that the disrespect-based account has difficulties explaining our intuitions about cases of “doing right for the wrong reasons”. Finally, pace a recent argument in its defense, cases of harmless and apparently morally bad discrimination are plausibly best explained by other factors than disrespect. In the light of this analysis, the article concludes that the disrespect-based account should be abandoned. (shrink)

The article analyses the concept of indirect discrimination, arguing first that existing conceptualisations are unsatisfactory and second that it is best understood as equal treatment that is disadvantageous to the discriminatees because of their group-membership. I explore four ways of further refining the definition, arguing that only an added condition of moral wrongness is at once plausible and helpful, but that it entails a number of new problems that may outweigh its benefits. Finally, I suggest that the moral wrongness of (...) indirect discrimination is best accounted for in terms of the harm it does to discriminatees, and sketch three ways in which it may do so. I conclude that the analysis provides both a clearer understanding of the concept of indirect discrimination as well as indirect support for a harm-based account of the wrongness of discrimination, while suggesting that our moral obligations qua non-discrimination may be more extensive than is frequently assumed. (shrink)

This article analyses proportionality as a potential element of a theory of morally justified surveillance, and sets out a teleological account. It draws on conceptions in criminal justice ethics and just war theory, defines teleological proportionality in the context of surveillance, and sketches some of the central values likely to go into the consideration. It then explores some of the ways in which deontologists might want to modify the account and illustrates the difficulties of doing so. Having set out the (...) account, however, it considers whether the proportionality condition is necessary to a theory of morally justified surveillance. The article concludes that we need and should apply only a necessity condition, but notes that proportionality considerations may retain some use in in practice, as a form of coarse‐grained filter applied before assessing necessity when deliberating the permissibility of potential forms of surveillance. (shrink)

Criminalisation of prostitution, and minority rights for disabled persons, are important contemporary political issues. The article examines their intersection by analysing the conditions and arguments for making a legal exception for disabled persons to a general prohibition against purchasing sexual services. It explores the badness of prostitution, focusing on and discussing the argument that prostitution harms prostitutes, considers forms of regulation and the arguments for and against with emphasis on a liberty-based objection to prohibition, and finally presents and analyses three (...) arguments for a legal exception, based on sexual rights, beneficence, and luck egalitarianism, respectively. It concludes that although the general case for and against criminalisation is complicated there is a good case for a legal exception. (shrink)

The Ouroboros Model features a biologically inspired cognitive architecture. At its core lies a self-referential recursive process with alternating phases of data acquisition and evaluation. Memory entries are organized in schemata. The activation at a time of part of a schema biases the whole structure and, in particular, missing features, thus triggering expectations. An iterative recursive monitor process termed "consumption analysis" is then checking how well such expectations fit with successive activations. Mismatches between anticipations based on previous experience and actual (...) current data are highlighted and used for controlling the allocation of attention. In case no directly fitting filler for an open slot is found, activation spreads more widely and includes data relating to the actor, and Higher-Order Personality Activation, HOPA, ensues. It is briefly outlined how the Ouroboros Model produces many diverse characteristics and thus addresses established criteria for consciousness. Coarse-grained relationships to selected previous conceptualizations of consciousness and a sketch of how the Ouroboros Model could shed light on current research themes in artificial general intelligence and consciousness conclude this paper. (shrink)

Maintaining systems of military plans is critical for military effectiveness, but is also challenging. Plans will become obsolete as the world diverges from the assumptions on which they rest. If too many ad hoc changes are made to intermeshed plans, the ensemble may no longer lead to well-synchronized and coordinated operations, resulting in the system of plans becoming itself incoherent. We describe in what follows an Adaptive Planning process that we are developing on behalf of the Air Force Research Laboratory (...) (Rome) with the goal of addressing problems of these sorts through cyclical collaborative plan review and maintenance. The interactions of world state, blue force status and associated plans are too complex for manual adaptive processes, and computer-aided plan review and maintenance is thus indispensable. We argue that appropriate semantic technology can 1) provide richer representation of plan-related data and semantics, 2) allow for flexible, non-disruptive, agile, scalable, and coordinated changes in plans, and 3) support more intelligent analytical querying of plan-related data. (shrink)

The concept of surveillance has recently been complemented by the concept of sousveillance. Neither term, however, has been rigorously defined, and it is particularly unclear how to understand and delimit sousveillance. This article sketches a generic definition of surveillance and proceeds to explore various ways in which we might define sousveillance, including power differentials, surreptitiousness, control, reciprocity, and moral valence. It argues that for each of these ways of defining it, sousveillance either fails to be distinct from surveillance or to (...) provide a generally useful concept. As such, the article concludes that academics should avoid the neologism, and simply clarify what sense of surveillance is at stake when necessary. (shrink)

Since the middle of the 20th century, philosophers and legal scholars have debated the precise definition of punishment. This chapter surveys the debate, identifies six potential conditions of punishment, and critically reviews each of them: 1) the response condition, which holds that punishment must be in response to wrongdoing, 2) the culpability condition, which holds that punishment must be of a person morally responsible for wrongdoing, 3) the authority condition, which holds that punishment must be imposed by a relevant authority, (...) 4) the hard treatment condition, which holds that punishment must impose hard consequences on the punishee, 5) the intentionality condition, which holds that punishment must be intentional, and 6) the censure condition, which holds that punishment must communicate disapproval. The article argues that it is often unclear that there is a version of the condition that provides optimal lexical fit. It discusses the implications of this analysis, and concludes that there may be less reason to worry about the lack of an authoritative definition than has sometimes been assumed, but that definitional clarity remains an objective worth pursuing. (shrink)

How much surveillance is morally permissible in the pursuit of a socially desirable goal? The proportionality question has received renewed attention during the 2020 Coronavirus pandemic, because governments in many countries have responded to the pandemic by implementing, redirecting or expanding state surveillance, most controversially in the shape of collection and use of cell-phone location data to support a strategy of contact tracing, testing and containment. Behind the proportionality question lies a further question: in what way does a state of (...) emergency affect the proportionality of morally permissible surveillance? On the qualitative difference view, a state of emergency has the effect of suspending or altering at least some of the constraints on morally permissible action that apply under ordinary circumstances. On the quantitative difference view, the only difference between states of emergency and ordinary circumstances is that the stakes are greater in a state of emergency. If the qualitative difference view is true, then there are situations, perhaps such as the current Coronavirus pandemic, during which the proportionality condition employs a much less demanding ratio between social goods achieved and the badness of the surveillance performed. The overall objective of this article is to argue against the qualitative and for the quantitative difference view. I proceed by first setting out in somewhat greater detail how we must understand the qualitative difference view (section two). I then present a series of problematic implications of adopting the qualitative difference view and argue that jointly these give us sufficient reason to reject it (section three). This entails that our account of morally permissible surveillance should be unexceptional, i.e. the quantitative difference view: there is no morally significant difference between proportionality in ordinary circumstances and proportionality in emergencies, simply a spectrum of smaller to greater potential goods and bads of surveillance. In order to flesh out the implications of the quantitative view, I briefly sketch an unexceptional theory of proportional surveillance in exceptional circumstances (section four). The last section (five) summarises and concludes. (shrink)

We describe a prototype ontology-driven information system (ODIS) that exploits what we call Portion of Reality (POR) representations. The system takes both sensor data and natural language text as inputs and composes on this basis logically structured POR assertions. The goal of our prototype is to represent both natural language and sensor data within a single framework that is able to support both axiomatic reasoning and computation. In addition, the framework should be capable of discovering and representing new kinds of (...) situations and thematic roles, (e.g., roles such as agent, patient and instrument), based on new compositions of existing representations. We applied our prototype in an intelligence analysis use case to test the hypothesis that a framework of this sort can produce usefully structured information from combined natural language and sensor data inputs. We further tested our hypothesis by adding an enhanced US Air Force ontology framework to our ODIS in order to (1) process a collection of sensor data, intel reports, and mission plans; (2) build composite POR representations from these data; and (3) machine analyze the fused results to infer mission threats. (shrink)

Over the past decade, police departments in many countries have experimented with and increasingly adopted the use of police body-worn cameras. This article aims to examine the moral issues raised by the use of PBWCs, and to provide an overall assessment of the conditions under which the use of PBWCs is morally permissible. It first reviews the current evidence for the effects of using PBWCs. On the basis of this review the article sets out a teleological argument for the use (...) of PBWCs. The final two sections of the article review two deontological objections to the use of PBWCs: the idea that use of PBWCs is based on or expresses disrespectful mistrust, and the idea that the use of PBWCs violates a right to privacy. The article argues that neither of these objections is persuasive, and concludes that we should conditionally accept and support the use of PBWCs. (shrink)

Despite the attention equality before the law has received, both laudatory and critical, peculiarly little has been done to precisely define it. The first ambition of this paper is to remedy this, by exploring the various ways in which a principle of equality before the law can be understood and suggest a concise definition. With a clearer understanding of the principle in hand we are better equipped to assess traditional critique of the principle. Doing so is the second ambition of (...) this paper. I will argue that traditional criticisms are unpersuasive, but that there is a different, powerful argument against equality before the law. The third ambition of the paper is to argue that there is a sense, overlooked by both proponents and critics, in which the principle still captures something important, albeit at the cost of shifting from intrinsic to instrumental value. (shrink)

The article analyses the necessary conditions an argument for popular punishment would need to meet, and argues that it faces the challenge of a dilemma of reasonableness: either popular views on punishment are unreasonable, in which case they should carry no weight, or they are reasonable, in which case the reasons that support them, not the views, should carry weight. It proceeds to present and critically discuss three potential solutions to the dilemma, arguing that only an argument for the beneficial (...) effects of coherence between popular views and penal policy is persuasive, but that it makes popular punishment less important than proponents claim, and offers a justification proponents will find it difficult to advance. (shrink)

Insufficient vaccination coverage is an important public health problem in many countries, since it leads to the loss of herd protection and the resurgence of previously exterminated diseases. However, policies of mandatory childhood vaccination capable of raising vaccination rates continue to be controversial. In this article I review the arguments for mandatory childhood vaccination, setting out the strongest teleological argument in favour, and then critically examining the two strongest potential objections: paternalism and the parental prerogative. I argue that the challenge (...) of paternalism fails because it confuses the identities of those subject to restricted liberty and those who autonomously dissent, and because non-vaccination imposes risks on others. I argue that the challenge of a parental prerogative fails because it cannot be intuitively or theoretically supported in a form that would make it permissible to impose risks on others. I conclude that in lieu of further and more plausible objections at least some policies of mandatory childhood vaccination are morally permissible. (shrink)

The human brain, with its 100 billion neurons working in intricate collaborations to create the physical basis of the memories, perceptions, thoughts, and emotions that together make me the person...

Cognitive science can help literary scholars formulate specific questions to be answered by archival research. This essay takes, as its starting point, embedded mental states (that is, mental states about mental states) and their role in generating literary subjectivity. It then follows the transformation of embedded mental states throughout several manuscripts of Christa Wolf’s autobiographical novel, Patterns of Childhood (Kindheitsmuster, 1976), available at the Berlin Academy of Arts. The author shows that later versions of Patterns of Childhood have more (...) complex embedments in the chapter describing the adolescent protagonist’s relationship with her schoolteacher. This textual development is integral to the process whereby the presumably authentic memories of the past are constructed to fit the present needs of the person who is doing the remembering. Accompanying the three case studies of the manuscript revision is a discussion of theoretical and practical implications of this “cognitive-archival” approach to literature. (shrink)

This paper introduces the special issue on Formal Approaches to the Ontological Argument of the Journal of Applied Logics (College Publications). The issue contains the following articles: Formal Approaches to the Ontological Argument, by Ricardo Sousa Silvestre and Jean-Yves Béziau; A Brief Critical Introduction to the Ontological Argument and its Formalization: Anselm, Gaunilo, Descartes, Leibniz and Kant, by Ricardo Sousa Silvestre; A Mechanically Assisted Examination of Begging the Question in Anselm’s Ontological Argument, by John Rushby; A Tractarian Resolution to the (...) Ontological Argument, by Erik Thomsen; On Kant’s Hidden Ambivalence Toward Existential Generalization in his Critique of the Ontological Argument, by Giovanni Mion; The Totality of Predicates and the Possibility of the Most Real Being, by Srećko Kovač; An Even More Leibnizian Version of Gödel’s Ontological Argument, by Kordula Świętorzecka and Marcin Łyczak; A Case Study On Computational Hermeneutics: E. J. Lowe’s Modal Ontological Argument, by David Fuenmayor. (shrink)

In response to three papers about sex and disability published in this journal, I offer a critique of existing arguments and a suggestion about how the debate should be reframed going forward. Jacob M. Appel argues that disabled individuals have a right to sex and should receive a special exemption to the general prohibition of prostitution. Ezio Di Nucci and Frej Klem Thomsen separately argue contra Appel that an appeal to sex rights cannot justify such an exemption. I argue (...) that Appel’s argument fails, but not for the reasons Di Nucci and Thomsen propose, as they have missed the most pressing objection to Appel’s argument: Appel falsely presumes that we never have good reasons to restrict someone’s sexual liberty rights. More importantly, there is a major flaw in the way that all three authors frame their positive accounts. They focus on disability as a proxy for sexual exclusion, when these categories should be pulled apart: some are sexually excluded who are not disabled, while some who are disabled are not sexually excluded. I conclude that it would be less socially harmful and more productive to focus directly on sexual exclusion per se rather than on disability as a proxy for sexual exclusion. (shrink)

This essay is dedicated to elaborating some of the stylistic elements at work in Nietzsche's polemical book, On The Genealogy of Morals with particular attention to the nature of the aphorism from its inception in ancient Greek literaure, Nietzsche's specific deployment of the aphorism as such, including Nietzsche's argument structure and rhetorical technique as well as the language of Greek and Jewish antiquity, master and slave. -/- In: Christa Davis Acampora, ed., Nietzsche’s On the Genealogy of Morals: Critical Essays (...) (Lanham, Md., Rowman & Littlefield, 2006), pp. 177-190. (shrink)

“Another Nietzsche’s On the Genealogy of Morality?” one might be excused for asking at the sight of Simon May’s new collection. This volume has to contend for shelf space with homonymic monographs by Lawrence Hatab (2008) and David Owen (2007), as well as Daniel Conway’s (2008) Nietzsche’s On the Genealogy of Morals, a compilation of the same name edited by Christa Acampora (2006), and Brian Leiter’s Nietzsche on Morality (2002). Add to this that Hatab contributes to May’s collection, Owen (...) and Conway contribute to Acampora’s, and Christine Swanton contributes to both, and the question of redundancy becomes even more pressing. Is Nietzsche’s Genealogy – whether of morality or morals – sufficiently rich, difficult, and interesting to merit such a hubbub of scholarly voices, and, if it is, does the attention paid in May’s new volume significantly advance our understanding of it? The answer to both questions is an unequivocal “Yes.”. (shrink)