Many think that it would be wrong to defend an individual from attack if he competently and explicitly refuses defensive intervention. In this paper, I consider the extent to which the preferences of victims affect the permissibility of defending groups or aggregates. These cases are interesting and difficult because there is no straightforward sense in which a group can univocally consent to or refuse defensive intervention in the same way that an individual can. Among those who have considered this question, (...) the dominant view is that that consent imposes only an extremely weak constraint on defending groups. I argue that this is mistaken and defend a much more robust requirement. Indeed, on the account that I develop there are cases in which the refusal of a single member of a victim is enough to make it impermissible to defend a much larger group. At the heart of my account is the idea that consent functions as an internal component of the broader requirement that defensive harms be proportionate: if a victim validly refuses defensive intervention, the fact that defence will benefit him cannot be used to justify harming innocents as the lesser-evil. An important implication of this view is that what constitutes sufficient consent from the members of a victim group will vary on a case-by-case basis. (shrink)

In recent attempts to define ‘harm’, the most promising approach has often been thought to be the counterfactual comparative account of harm. Nevertheless, this account faces serious difficulties. Moreover, it has been argued that ‘harm’ cannot be defined without reference to a substantive theory of well-being, which is itself a fraught issue. This has led to the call for the concept to simply be dropped from the moral lexicon altogether. I reject this call, arguing that the non-comparative (...) approach to defining harm has not been sufficiently explored. I then develop such an account that avoids the difficulties faced by comparative accounts whilst not presupposing a substantive theory of well-being. I conclude that this definition renders a concept of harm that can be meaningfully employed in our moral discourse. (shrink)

What determines the degree to which some event harms a subject? According to the counterfactual comparative account, an event is harmful for a subject to the extent that she would have been overall better off if it had not occurred. Unlike the causation based account, this view nicely accounts for deprivational harms, including the harm of death, and for cases in which events constitute a harm rather than causing it. However, I argue, it ultimately fails, since not every (...) intrinsically bad state that is counterfactually dependent on an event contributes to its degree of harm. So while the causation based account is too restrictive, the counterfactual comparative view is not restrictive enough. In light of this, I suggest an alternative, explanation based account of overall harm, according to which the degree to which some event is harmful for a subject is determined by the degree to which (crudely) the states explained by it are overall more intrinsically bad than intrinsically good for her. (shrink)

This volume has its roots in two recent developments within mainstream analytic epistemology: a growing recognition over the past two or three decades of the active and social nature of our epistemic lives; and, more recently still, the increasing appreciation of the various ways in which the epistemic practices of individuals and societies can, and often do, go wrong. The theoretical analysis of these breakdowns in epistemic practice, along with the various harms and wrongs that follow as a consequence, constitutes (...) an approach to epistemology that we refer to as non-ideal epistemology. In this introductory chapter we introduce and contextualise the ten essays that comprise this volume, situating them within four broad sub-fields: vice epistemology, epistemic injustice, inter-personal epistemic practices, and applied epistemology. We also provide a brief overview of several other important growth areas in non-ideal epistemology. (shrink)

The dignity approach to racist hate speech regulation maintains that hate speech ought to be regulated because it impugns targets’ dignity and poses a threat to their equal treatment. This approach faces the significant causal challenges of showing that hate speech has the power to erode its targets’ dignity and that regulations can successfully protect that dignity. My aim is to show how a friend of the dignity approach can resolve these challenges. To do so, I borrow insights from the (...) critical legal studies (CLS) approach to hate speech. Specifically, I argue that hate speech can erode its targets’ dignity 1) by constituting an act of discrimination, and 2) by enacting norms that call for treating targeted groups as inferior. Yet while I maintain that the CLS approach offers valuable resources for shoring up the dignity approach, I reject the CLS approach in favor of the dignity approach. (shrink)

In a recent discussion, Walter Glannon discusses a number of ways we might try to minimize harm to patients who experience intraoperative awareness. In this response I direct attention to a possibility that deserves further attention. It might be that a kind of psychological intervention – namely, informing patients of the possibility of intraoperative awareness and of what to expect in such a case – would constitute a unique way to respect patient autonomy, as well as minimize the (...) class='Hi'>harm that typically follows intraoperative awareness events. (shrink)

This essay answers two questions that continue to drive debate in moral and legal philosophy; namely, ‘Is a risk of harm a wrong?’ and ‘Is a risk of harm a harm?’. The essay’s central claim is that to risk harm can be both to wrong and to harm. This stands in contrast to the respective positions of Heidi Hurd and Stephen Perry, whose views represent prominent extremes in this debate about risks. The essay shows that (...) there is at least one category of risks – intentional impositions of risk on unconsenting agents – which can be both wrongful and harmful. The wrongfulness of these risks can be established when, on the balance of reasons, one ought not to impose them. The harmfulness of these risks can be established when the risks are shown to set back legitimate interests. In those cases where risks constitute a denial of the moral status of agents, risks set back agents’ interest in dignity. In these ways, the essay shows that there are instances when a risk can constitute both a wrong and a harm. (shrink)

Justice for human rights violations involves taking into account psychological harm caused to individuals and communities. Justice for psychological harm is specifically grounded in four considerations: (1) that harm to human persons can be both physical and psychological (2) that even in the absence of physical injuries, psychological harm can constitute a human rights violation (3) that those causing psychological harm ought to be accountable, and (4) that claims for justice for harm are supported (...) by human rights principles. One finds that across legal systems, laws align and support these considerations while making justice for psychological harms a matter of rights, well-being, and state responsibility. Human rights practice, literature, and studies highlight the contribution of law and psychology toward justice for psychological harms. Questions of interest to both are whether there is a universal theory on psychological harms to inform matters of justice; whether psychological harm can have a cultural context; whether psychological suffering can have an empirical measure; and whether newer threats like climate anxiety and technology-based harm are being addressed. (shrink)

I argue that nonresident aliens, in places that are clearly not U.S. territory, should benefit from constitutional rights. This is a matter of mutuality of obligation. The U.S. claims the authority to hold all people accountable for respecting certain laws, such as the law of war as defined in the Military Commissions Act. Accordingly, it must accord them basic legal rights in return. At the same time, I argue, contra Benjamin Wittes, that this would not lead to absurdly opening the (...) courthouse doors, nor does it require abandoning principle to keep the flood of litigation reasonably contained. Not all harms inflicted by the U.S. government can give rise to a lawsuit, and that the distinction between those who should have a right to sue and those who should not can be drawn in a principled way. (shrink)

This chapter explores the question of whether or not individual agents are under a moral obligation to reduce their ‘antimicrobial footprint’. An agent’s antimicrobial footprint measures the extent to which her actions are causally linked to the use of antibiotics. As such, it is not necessarily a measure of her contribution to antimicrobial resistance. Talking about people’s antimicrobial footprint in a way we talk about our carbon footprint may be helpful for drawing attention to the global effects of individual behaviour (...) and for highlighting that our choices can collectively make a real difference. But can we be morally obligated to make a contribution to resolving a collective action problem when our individual contributions by themselves make no discernible difference? I will focus on two lines of argument in favour of such obligations: whether a failure to reduce one’s antimicrobial footprint is unfair and whether it constitutes wrongdoing because it is harmful. I conclude by suggesting that the argument from collective harm is ultimately more successful. (shrink)

One could argue that the use, extraction, and development of natural resources for human purposes, i.e. resource exploitation, constitutes a form of instrumentalization of the ecosystems from which these resources are derived. Moreover, that such instrumentalization may be carried out in a way that has adverse social and environmental impacts. Given that a number of ecosystems are indispensable for the satisfaction of human interests and needs, their instrumentalization may nevertheless be justified. In this context, if the amount and rate of (...) instrumentalization of ecosystems leads to their depletion, people whose well-being depends on the ecosystems’ existence may be profoundly harmed. Those instrumentalization practices and actions that lead to states of depletion are generally considered as harmful, but only to those whose interests and needs are frustrated as a result of such practices and actions. In this paper, I argue that the way in which ecosystems are instrumentalized, and not just the quantity and rate, may also cause a philosophically relevant form of harm, and not necessarily to humans: A given ecosystem may be meaningfully harmed not only when it is depleted, but also when its functioning is altered in such a way that it cannot retain core capacities it had before it was instrumentalized. (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...) principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

One core question in contemporary political economy is whether economic liberties should be constitutionally protected as basic rights. In this article I do not provide a positive argument for the view that economic liberties are basic rights. Rather, I seek to provide a reason for not embracing the opposing view, i.e. that economic liberties should not be constitutionally protected as basic rights. Based on Hayek’s theory of price as signal, I argue that price control, a view usually associated with high (...) liberals, and sometimes endorsed by moderate welfarists, is environmentally sub-optimal. (shrink)

Birks and Buyx (2018) claim that, at least in the foreseeable future, nonconsensual neurointerventions will almost certainly suppress some valuable mental states and will thereby impose an objectionable harm to mental integrity—a harm that it is pro tanto wrong to impose. Of course, incarceration also interferes with valuable mental states, so might seem to be objectionable in the same way. However, Birks and Buyx block this result by maintaining that the negative mental effects of incarceration are merely foreseen, (...) whereas those of neurointerventions are intended. We dispute Birks and Buyx’s characterization of the descriptive difference between these effects. In both cases, the negative effects are caused, not constituted, by the act in question. (shrink)

In this chapter, a reprinted article from Southern African Public Law (2010), I argue that, even supposing substantive principles of distributive justice entail that animals warrant constitutional protection, there are other, potentially weightier forms of injustice that would probably be done by interpreting a Bill of Rights as implicitly applying to animals, namely, formal injustice and compensatory injustice. Formal injustice would result from such a reading of the Constitution in that the state would fail to speak with one voice upon (...) newly according legal rights to animals. Compensatory injustice would likely result from such a reading, at least in a South African context, in that the law would not only suppress facets of culture that many Africans deem important to their self-conception, but also require spending scarce resources on animals that could have gone toward saving African lives and livelihoods. If the state must choose between acting for the sake of the urgent interests of animals and those of humans, humans must take priority, even assuming that animals have a worth that morally forbids harming them in our private lives. (shrink)

In what way might public statues wrong people? In recent years, philosophers have drawn on speech act theory to answer this question by arguing that statues constitute harmful or disrespectful forms of speech. My aim in this paper will be add a different theoretical perspective to this discussion. I will argue that while the speech act approach provides a useful starting point for thinking about what is wrong with public statues, we can get a fuller understanding of these wrongs by (...) drawing on resources from recent work in situated affectivity. I will argue that public statues can be understood as affective artifacts and that this can both help us understand both the deep affective wrongs caused by public statues and offer a possible explanation as to why some people are so strongly opposed to their removal. (shrink)

Slavery harmed the slaves but not their descendants since slavery brought about their existence. The descendants gain the slaves’ claims via inheritance. However, collecting the inheritance-based claim runs into a number of difficulties. First, every descendant usually has no more than a portion of the slave’s claim because the claim is often divided over generations. Second, there are epistemic difficulties involving the ownership of the claim since it is unlikely that a descendant of a slave several generations removed would have (...) retained the claim of inheritance given the loss of wealth and disinheritance that often characterizes families. There are also problems in determining the amount of inheritance. This is in part because of the problems of calculating in the effects of offsets, especially crime-related offsets, which are owed by a significant portion of the descendants. Even if this inheritance claim can be established with sufficient confidence certain entities may not be asked to pay it. The federal government does not owe compensation since as a historical matter it permitted but did not cause enslavement. The beneficiaries of slavery do not owe compensation since merely receiving the benefit of an unjust activity does not by itself generate a debt of compensation. When combined these problems constitute an overwhelming case against reparations. (shrink)

In her inventive and tightly argued book Defensive Killing, Helen Frowe defends the view that bystanders—those who do not pose threats to others—cannot be liable to being harmed in self-defence or in defence of others. On her account, harming bystanders always infringes their rights against being harmed, since they have not acted in any way to forfeit them. According to Frowe, harming bystanders can be justified only when it constitutes a lesser evil. In this brief essay, I make the case (...) that some bystanders can indeed be liable to harm. They can be liable, I will argue, because they can be morally responsible for threats of harm, and in becoming responsible they can forfeit their rights. While bystanders cannot be responsible for initiating threats, they can become responsible for the persistence of threats, and for culpably failing to prevent them from being initiated in the first place. (shrink)

Feminist socially constitutive conceptions of autonomy make the presence of idealized social conditions necessary for autonomy. I argue that such conceptions cannot, when applied under nonideal conditions, play two key feminist theoretical roles for autonomy: the roles of anti-oppressive character ideal and paternalism-limiting concept. Instead, they prescribe action that reinforces oppression. Treated as character ideals, socially constitutive conceptions of autonomy ask agents living under nonideal ones to engage in self-harm or self-subordination. Moreover, conceptions of autonomy that make (...) idealized social conditions a requirement of autonomy yield the conclusion that oppressed agents are appropriate objects of paternalism. (shrink)

Philosophical discussions of gentrification have tended to focus on residential displacement. However, the prevalence of residential displacement is fiercely contested, with many urban geographers regarding it as quite uncommon. This lends some urgency to the underexplored question of how one should evaluate other forms of gentrification. In this paper, I argue that one of the most important harms suffered by victims of displacement gentrification is loss of access to the goods conferred by membership in a thriving local community. Leveraging the (...) social scientific literature, I go on to argue that non-displacement gentrification also often damages local communities. One can hence extend existing philosophical critiques of displacement gentrification to argue that non-displacement gentrification likewise poses a threat to relational equality, and often violates certain basic occupancy rights. Focusing on the value that inheres in thriving local communities also suggests some new possibilities for critiquing gentrification. For instance, existing occupancy rights critiques focus on incumbent land users’ interests in stability. However, one can also argue in a Lockean mode that incumbent land users’ occupancy rights are at least partially grounded in their community having laboured together to create objects of value. An extension of Michael Walzer’s theory of justice to incorporate community goods as a separate ‘sphere’ might also have widespread appeal. Taken together, these arguments constitute a sustained and theoretically ecumenical case for the pro tanto moral objectionability of gentrification. (shrink)

I argue that the phenomenon underlying Bernard Williams’ (1976) “agent-regret” is considerably broader than appreciated by Williams and others. Agent-regret— an anguished response that agents have for harms they have caused, even if faultlessly— I maintain, is a species of a more general response to harms that need not be one’s fault, but which nonetheless impact one’s practical identity in a special way. This broader genus includes as a species what I call “relation-regret”, a pained response to harm caused (...) by a person to whom one is intimately related, as a co-member of a group partly constitutive of one’s practical identity (e.g. one’s family). After providing an account of the moral psychology of relation-regret, I attend to its normative significance, proposing in particular that acceptance of relation-regret provides us with reasons for accepting a novel form of moral luck, namely associative luck: the luck of being vulnerable to responsibility-responses in virtue of one’s attachments to others, despite one’s personal faultlessness. (shrink)

Gender-based forms of administrative violence, such as reproductive violence, are the result of systems designed to enact population-level harms through the production and forcible imposition of colonial systems of gender. Settler statecraft has long relied on the strategic promotion of sexual and reproductive violence. Patterns of reproductive violence adapt and change to align with the enduring goals and evolving needs of settler colonial occupation, dispossession, and containment. The U.S. Supreme Court’s recent decision to end the constitutional right to abortion in (...) Dobbs v Jackson is but one instance of this larger pattern. We analyze reproductive and obstetric violence and the structural trauma they produce through the lenses of i) historical continuity and ii) the global architectures of neoliberal settler capitalism in order to connect reproductive rights rollbacks in the U.S. with the expansion of reproductive violence across a world connected by colonial globalization. (shrink)

In this book I show that science suffers from a damaging but rarely noticed methodological disease, which I call rationalistic neurosis. It is not just the natural sciences which suffer from this condition. The contagion has spread to the social sciences, to philosophy, to the humanities more generally, and to education. The whole academic enterprise, indeed, suffers from versions of the disease. It has extraordinarily damaging long-term consequences. For it has the effect of preventing us from developing traditions and institutions (...) of learning rationally devoted to helping us learn how to make progress towards a wiser, more civilized world. On our fragile earth, overcrowded, fraught with injustice, inequality and conflict, menaced by unprecedented and terrifying technological and industrial means for change and destruction, we urgently need to acquire a little more wisdom and civilization if we are to avoid repeating horrors of the kind suffered by so many during the 20th century (and already suffered by many in the first few years of the 21st century). We can ill afford to have in our hands instruments of learning botched and bungled from the standpoint of helping us learn how to live more wisely. It may seem scarcely credible that something as important as our institutions of learning can suffer from wholesale, structural defects. Why has this not been noticed before? Why have not armies of scientists and scholars appreciated the point and, long ago, put the matter right? The answer will emerge as my argument unfolds. I will show that one of the most damaging features of rationalistic neurosis is that it has built-in methodological and institutional mechanisms which effectively conceal that anything is wrong. But there is also an immediately obvious reason: specialization, and the resulting fragmentation of academia, has resulted in a situation in which hardly anyone takes responsibility for the overall ideals, the overall aims and methods, of academic inquiry. Academics, these days, are specialists, furiously trying to keep abreast of developments in their own specialist fields. They have no time, and no inducement, to lift their eyes from their particular disciplines, and look at the whole endeavour. Science has long been under attack, at least since the Romantic movement. Blake objected to “Single vision & Newton’s sleep” and declared that “Art is the Tree of Life... Science is the Tree of Death”. Keats lamented that science will “clip an Angel’s wings” and “unweave a rainbow”. Whereas the Enlightenment had valued science and reason as tools for the liberation of humanity, Romanticism found science and reason oppressive and destructive, and instead valued art, imagination, inspiration, individual genius, emotional and motivational honesty rather than careful attention to objective fact. Much subsequent opposition to science stems from, or echoes, the Romantic opposition of Blake, Wordsworth, Keats and many others. There is the movement Isaiah Berlin has described as the “Counter-Enlightenment” (Berlin, 1979, ch. 1). There is existentialism, with its denunciation of the tyranny of reason, its passionate affirmation of the value and centrality of irrationality in human life, from Dostoevsky, Kierkegaard and Nietzsche to Heidegger and Sartre (see, for example, Barrett, 1962). There is the attack on Enlightenment ideals concerning science and reason undertaken by the Frankfurt school, by postmodernists and others, from Horkheimer and Adorno to Lyotard, Foucault, Habermas, Derrida, MacIntyre and Rorty (see Gascardi, 1999). The soul-destroying consequences of valuing science and reason too highly is a persistent theme in literature: it is to be found in the works of writers such as D.H. Lawrence, Doris Lessing, Max Frisch, Y. Zamyatin. There is persistent opposition to modern science and technology, and to scientific rationality, often associated with the Romantic wing of the green movement, and given expression in such popular books as Marcuse’s One Dimensional Man, Roszak’s Where the Wasteland Ends, Berman’s The Reenchantment of the World and Appleyard’s Understanding the Present. There is the feminist critique of science and conceptions of science: see, for example, Fox Keller (1984) and Harding (1986). And there are the corrosive implications of the so-called “strong programme” in the sociology of knowledge, and of the work of social constructivist historians of science, which depict scientific knowledge as a belief system alongside many other such conflicting systems, having no more right to claim to constitute knowledge of the truth than these rivals, the scientific view of the world being no more than an elaborate myth, a social construct (see Barnes and Bloor, 1981; Bloor, 1991; Barnes, Bloor and Henry, 1996; Shapin and Schaffer, 1985; Shapin, 1994; Pickering, 1984; Latour, 1987). This latter literature has provoked a counter-attack by scientists, historians and philosophers of science seeking to defend science and traditional conceptions of scientific rationality: see Gross and Levitt (1994), Gross, Levitt and Lewis (1996), and Koertge (1998). This debate between critics and defenders of science came abruptly to public attention with the publication of Alan Sokal’s brilliant hoax article ‘Transgressing the boundaries’ in a special issue of the cultural studies journal Social Text in 1996 entitled Science Wars: see Sokal and Bricmont (1998). What does this book have to contribute, given the above avalanche of criticism of science? The criticisms of science developed in this book are diametrically opposed to the above, in so far as the above criticisms oppose scientific rationality, seek to diminish or restrict its influence, or hold that it is unattainable. My central point is that we suffer, not from too much scientific rationality, but from not enough. What is generally taken to constitute scientific rationality is actually nothing of the kind. It is rationalistic neurosis, a characteristic, influential and damaging kind of irrationality masquerading as rationality. Science is damaged by being trapped within a widely upheld but severely defective philosophy of science; free science from this defective philosophy, provide it with a more intellectually rigorous philosophy, and it will flourish in both intellectual and humanitarian terms. And more generally, as we shall see, academic inquiry as a whole is damaged by being trapped within an intellectually defective philosophy of inquiry; free it from this defective philosophy, from its rationalistic neurosis, and it will flourish in intellectual and human terms. It is not reason that is damaging, but defective pretensions to reason — rationalistic neurosis —masquerading as reason. Thus what I seek to do here is the exact opposite of what all those who oppose science and scientific rationality do. I shall argue that Reason, the authentic article, arrived at by generalizing the progress-achieving methods of science, can have profoundly liberating and enriching consequences for all worthwhile, problematic aspects of life, and thus deserves to enter into every aspect of life. The bare bones of the argument of this book can be stated quite simply like this. Science cannot proceed without making the substantial metaphysical assumption that the universe is physically comprehensible (to some extent at least). But this conflicts with the orthodox view that in science everything is assessed impartially with respect to evidence, nothing being permanently assumed independently of evidence. So the metaphysical assumption of comprehensibility is repressed. Science pretends that no such assumption is made. But this damages science. For the assumption is substantial, influential and highly problematic. It needs to be made explicit within science so that it can be critically scrutinized, so that alternatives can be developed and considered. Pretending the assumption is not being made undermines the intellectual rigour of science, its intellectual value and success. And it does not stop there. For science also makes value assumptions. Quite properly, science is concerned to discover that which is of value. New factual knowledge devoid of all value (whether intellectual or practical) does not contribute to science. But the orthodox view of science holds that values have no place within science. As in the case of metaphysics, here too, science pretends that values have no role to play within the intellectual domain of science. And this damages science. For values are, if anything, even more influential and problematic than metaphysics (in influencing the direction of research). Here too, values need to be made explicit within science so that they can be scrutinized, so that alternatives can be developed and assessed. Pretending that values play no role within the intellectual domain damages science; both the intellectual and the practical aspects of science are adversely affected. Science fails to pursue those avenues of research that lie in the best interests of humanity. And it goes further. Science is pursued in a social, cultural, economic and political context. It is a part of various social, economic and political projects which seek to achieve diverse human objectives. But the idea that science is an integral part of humanitarian or political enterprises with political ends clashes, once again, with the official view of science that the aim of science is to improve factual knowledge. The political objectives of science are repressed. And, once again, this damages science. For, of course, the political objectives of science, like all our political objectives, are profoundly problematic. These need to be made explicit so that they can be scrutinized, so that alternatives can be developed and considered. The pretence that science does not have this political dimension once again undermines the intellectual rigour of science, and its human value. It lays science open to becoming a part of economic, corporate and political enterprises that are not in the best interests of humanity. The upshot of the line of argument just indicated is that we need to bring about a revolution in the aims and methods of science, and of academic inquiry more generally. Natural science needs to change; its relationship with the rest of academic inquiry, with social inquiry and the humanities, needs to change; and most importantly and dramatically, academic inquiry as a whole needs to change. The basic task of the academic enterprise needs to become to help humanity learn how to tackle its problems of living in more cooperatively rational ways than at present. We need to put the intellectual tasks of articulating our problems of living, and proposing and critically assessing possible solutions, possible and actual actions, at the heart of academic inquiry. The basic task needs to be to help humanity learn a bit more wisdom – wisdom being the capacity to realize what is of value in life, for oneself and others, wisdom including knowledge and technological know-how, but much else besides. Natural science, despite its flaws, has massively increased our knowledge and technological know-how. This in turn has led to a massive and sometimes terrifying increase in our power to act. Often this unprecedented power to act is used for human good, as in medicine or agriculture. But it is also used to cause harm, whether unintentionally (initially at least) as when industrialization and modern agriculture lead to global warming, destruction of natural habitats and rapid extinction of species, or intentionally, as when the technology of war is used by governments and terrorists to maim and kill. Before the advent of modern science, when we lacked the means to do too much damage to ourselves and the planet, lack of wisdom did not matter too much. Now, with our unprecedented powers to act, bequeathed to us by science, lack of wisdom has become a menace. This is the crisis behind all the other current global crises: science without wisdom. In these circumstances, to continue to pursue knowledge and technological know-how dissociated from a more fundamental quest for wisdom can only deepen the crisis. As a matter of urgency, we need to free science and academia of their neuroses; we need to bring about a revolution in the academic enterprise so that the basic aim becomes to promote wisdom by intellectual and educational means. At present science and the humanities betray both reason and humanity. The argument of this book, which I have just summarized, begins with a discussion of the philosophical and methodological problems that beset theoretical physics. At once, many of those who are concerned about moral, political and environmental issues that plague our world today, will feel impatient. What have the methodological problems of theoretical physics to do with third world poverty, war and the threat of war, pollution, extinction of species, the menace of conventional, chemical, biological and nuclear armaments? I can only plead with such a reader: patience. The root cause of the sickness of our times does indeed lie, I claim, with a methodological sickness of natural science or, even more specifically, of physical science. What makes the modern world so utterly different from all previous ages is our possession of modern science and technology. This is the instrument that has changed the conditions of human life almost beyond all recognition, and put unprecedented, and sometimes terrifying, powers into our hands. One should not dismiss out of hand the suggestion that a part of our problem may lie with this instrument, this engine, of rapid change. We see, here, too, the way in which intellectual specialization, referred to above, has effectively concealed from view the nature and extent of the problem that confronts us. The argument that I shall develop in what follows begins with physics, with problems concerning the aims and methods of physics. But it then leaps to social science, to philosophy, to the humanities, to education, to psychotherapy, and to politics: in the end there is scarcely an aspect of modern life that is not touched and, potentially, affected by the argument. How many academic experts are prepared to follow, to take seriously, an argument that ranges so recklessly across such a wide range of academic disciplines? How many non-academic non-experts? But just this is what the argument and message of this book requires. I hope that the reader will endure with patience the somewhat esoteric discussion concerning the aims and methods of physics pursued in chapter one. This may not seem to have anything much to do with the urgent problems of our times, but it does. This is in part how the intellectual disaster I seek to expose in this book conceals itself from view: it buries itself in the obscure, recondite field of the philosophy of physics. Those who devote their lives to the philosophy of physics are, by and large, too myopic to see how their specialized field of study has anything to do with the great and dreadful humanitarian problems and disasters of our age; and those who are above all concerned with these humanitarian disasters have no time at all for abstruse issues concerning the aims and methods of physics. And so the connection is never made. As it happens, the methodological neurosis of physics, with which we begin in chapter one, is actually a quite simple matter to grasp. It does not require any real knowledge of physics to understand. Indeed, physicists and philosophers of physics are much more likely to find the argument difficult to follow than are non-experts. We non-scientists can stand back and see the whole wood; scientists, trained to think in terms of the current orthodox conception of science, trapped in the thickets of research, will find this much harder to do. In an attempt to take this peculiar circumstance into account, I have arranged the exposition as follows. In chapter one I give a simple exposition of the case for declaring natural science to suffer from what I call "rationalistic neurosis"; this avoids all technicalities, and goes straight to the heart of the matter. In the appendix I tackle a host of more technical objections that may be made to the elementary argument of chapter one. So, those experts in the fields of the philosophy of physics and philosophy of science who find the argument of chapter one naïve and unconvincing, should consult the appendix before tossing the book away in disgust. I write in the hope that there will be a few who will not dismiss out of hand the suggestion that the question of how we are to go about learning how to live in wiser and more civilized ways might have something to learn from scientific learning, and will take the trouble to pursue the line of argument traced out in this book. I write in the hope that these few will grasp just how desperate our situation is, how urgent the need to change the status quo, and will do everything in their power to alert others to the need to heal the methodological sickness from which our institutions and traditions of learning at present suffer. To begin with, we need a campaigning organization, modelled perhaps on "Friends of the Earth", which might be called something like "Friends of Wisdom". (shrink)

What could ground normative restrictions concerning cultural appropriation which are not grounded by independent considerations such as property rights or harm? We propose that such restrictions can be grounded by considerations of intimacy. Consider the familiar phenomenon of interpersonal intimacy. Certain aspects of personal life and interpersonal relationships are afforded various protections in virtue of being intimate. We argue that an analogous phenomenon exists at the level of large groups. In many cases, members of a group engage in shared (...) practices that contribute to a sense of common identity, such as wearing certain hair or clothing styles or performing a certain style of music. Participation in such practices can generate relations of group intimacy, which can ground certain prerogatives in much the same way that interpersonal intimacy can. One such prerogative is making what we call an appropriation claim. An appropriation claim is a request from a group member that non-members refrain from appropriating a given element of the group’s culture. Ignoring appropriation claims can constitute a breach of intimacy. But, we argue, just as for the prerogatives of interpersonal intimacy, in many cases there is no prior fact of the matter about whether the appropriation of a given cultural practice constitutes a breach of intimacy. It depends on what the group decides together. (shrink)

We argue that stereotypes associated with concepts like he-said–she-said, conspiracy theory, sexual harassment, and those expressed by paradigmatic slurs provide “normative inference tickets”: conceptual permissions to automatic, largely unreflective normative conclusions. These “mental shortcuts” are underwritten by associated stereotypes. Because stereotypes admit of exceptions, normative inference tickets are highly flexible and productive, but also liable to create serious epistemic and moral harms. Epistemically, many are unreliable, yielding false beliefs which resist counterexample; morally, many perpetuate bigotry and oppression. Still, some normative (...) inference tickets, like some activated by sexual harassment, constitute genuine moral and hermeneutical advances. For example, our framework helps explain Miranda Fricker’s notion of “hermeneutical lacunae”: what early victims of “sexual harassment” — as well as their harassers — lacked before the term was coined was a communal normative inference ticket — one that could take us, collectively, from “this is happening” to “this is wrong.”. (shrink)

Victims of oppression are often called to let go of their anger in order to facilitate better discussion to bring about the end of their oppression. According to Amia Srinivasan, this constitutes an affective injustice. In this paper, we use research on emotion regulation to shed light on the nature of affective injustice. By drawing on the literature on emotion regulation, we illustrate specifically what kind of work is put upon people who are experiencing affective injustice and why it is (...) damaging. We begin by explaining affective injustice and how it can amount to a call for emotion regulation. Then we explain the various techniques that can be used to regulate emotions and explain how each might be harmful here. In the penultimate section of the paper, we explain how the upshot of this is that victims of affective injustice are left with a dilemma. Either they try to regulate their anger in a way that involves ignoring the fact of their oppression or they regulate it in a way that is likely to be harmful for them. Finally, we consider whether there are any good solutions to this dilemma, and how this issue opens up the possibility for further research into emotion regulation and moral philosophy. (shrink)

How should we punish criminal offenders? One prima facie attractive punishment is administering a mandatory neurointervention—interventions that exert a physical, chemical or biological effect on the brain in order to diminish the likelihood of some forms of criminal offending. While testosterone-lowering drugs have long been used in European and US jurisdictions on sex offenders, it has been suggested that advances in neuroscience raise the possibility of treating a broader range of offenders in the future. Neurointerventions could be a cheaper, and (...) more effective method of punishment. They could also be more humane. Nevertheless, in this paper we provide an argument against the use of mandatory neurointerventions on offenders. We argue that neurointerventions inflict a significant harm on an offender that render them a morally objectionable form of punishment in a respect that incarceration is not. Namely, it constitutes an objectionable interference with the offender’s mental states. However, it might be thought that incarceration also involves an equally objectionable interference with the offender’s mental states. We show that even if it were the case that the offender is harmed to the same extent in the same respect, it does not follow that the harms are morally equivalent. We argue that if one holds that intended harm is more difficult to justify than harm that is unintended but merely foreseen, this means neurointerventions could be morally objectionable in a significant respect that incarceration is not. (shrink)

In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the (...) outcome-driven asymmetry across perceived probabilities constitutes a systematic cognitive distortion. We then explore three distinct strategies to alleviate the hindsight bias and its downstream effects on mens rea and culpability ascriptions. Not all are successful, but at least some prove promising. They should, we argue, be taken into consideration in criminal jurisprudence, where distortions due to the hindsight bias are likely considerable and deeply disconcerting. (shrink)

Jeremy Waldron, among others, has forcefully argued that public hate speech assaults the dignity of its targets. Without denying this claim, I contend that it fails to establish that bans, rather than counterspeech, are the appropriate response. By articulating a more refined understanding of counterspeech, I suggest that counterspeech constitutes a better way of blocking hate speech’s dignitarian harm. In turn, I address two objections: according to the first, which draws on contemporary philosophy of language, counterspeech does not block (...) enough hate speech; according to the second, counterspeech blocks too much speech. Although these objections should qualify our optimism regarding counterspeech, I demonstrate that each can be turned, with even greater force, against hate speech bans. (shrink)

Anger is often an appropriate reaction to harms and injustices, but is it a politically beneficial one? Martha Nussbaum (Journal of the American Philosophical Association 1 (1), 41–56, 2015, Anger and Forgiveness. Oxford University Press, 2016) has argued that, although anger is useful in initially recruiting agents for action, anger is typically counterproductive to securing the political aims of those harmed. After the initial shockwave of outrage, Nussbaum argues that to be effective at enacting positive social change, groups and individuals (...) alike, must move quickly out of the state of anger. Feminist theorists (Frye, The Politics of Reality. Crossing Press, 1983; Lorde, 1997; Narayan, Hypatia 3 (2): 31–48, 1988) on the other hand have for long highlighted the efficacy of anger, as well as its moral and epistemic value, in fighting against the oppressive status quo. It might be thought therefore that for political action to be effective, a continued state of anger is preferable. Protestors must after all create and sustain a sense of moral obligation and justice. A main way of doing so is to promote successive moral shocks that trigger outrage (Jasper, Emotion Review 6 (3): 208–213, 2014). I present a novel, empirically informed defense of anger’s efficacy in political action. Nussbaum holds a traditional view on the nature of anger, inherited from Aristotle and the Stoics, which holds that anger constitutively involves a desire for retribution. The view that anger is counterproductive falls out of this and is dominant in academic work as well as in our personal and political lives. Based on work in social psychology, I argue that we need to reconsider this. In doing so, I highlight anger’s aim for recognition, rather than retribution, as key. Furthermore, I uncover conditions for anger’s political efficacy, as well as reasons for why the traditional view of anger has been so pervasive. (shrink)

In this paper, I argue that hate speech expresses hate, and answer some objections to expressivist views. First, I briefly comment on some limitations of pragmatic accounts of harmful speech. I then present an expressive-normative view of derogatory discourse according to which it is expressive of an affective state by presupposing it. A linguistic act expressive of an affective state inherits the normativity that is constitutive of that state, as directed to its intentional object. If the act is successful, (...) it updates the conversational context with the normative appraisal conditions of the affective state presupposed. I argue that this model can be applied to hate speech. I rely on current research on the psychology of hate to identify the appraisal conditions, action tendencies, and motivational goals characteristic of hate. The account supplements other pragmatic accounts of hate speech. (shrink)

This paper focuses on how experiences of trauma can lead to generalized fear of people, objects and places that are similar or contextually or conceptually related to those that produced the initial fear, causing epistemic, affective, and practical harms to those who are unduly feared and those who are intimates of the victim of trauma. We argue that cases of fear generalization that bring harm to other people constitute examples of injustice closely akin to testimonial injustice, specifically, mnemonic injustice. (...) Mnemonic injustice is a label that has been introduced to capture how injustice can occur via the operation of human memory systems when stereotypes shape what is remembered. Here we argue that injustices can also occur via memory systems when trauma leads to a generalized fear. We also argue that this calls for a reformulation of the notion of mnemonic injustice. (shrink)

This article argues that economic crises are incompatible with the realisation of non-domination in capitalist societies. The ineradicable risk that an economic crisis will occur undermines the robust security of the conditions of non-domination for all citizens, not only those who are harmed by a crisis. I begin by demonstrating that the unemployment caused by economic crises violates the egalitarian dimensions of freedom as non-domination. The lack of employment constitutes an exclusion from the social bases of self-respect, and from a (...) practice of mutual social contribution crucial to the intersubjective affirmation of one’s status. While this argument shows that republicans must be concerned about economic crises, I suggest a more powerful argument can be grounded in the republican requirement that freedom must be robust. The systemic risk of economic crisis constitutes a threat to the conditions of free citizenship that cannot be nullified using policy mechanisms. As a result, republicans appear to be faced with the choice of revising their commitments or rejecting the possibility that republican freedom can be robustly secured in capitalist societies. (shrink)

In this article I analyse two complaints of white vilification, which are increasingly occurring in Australia. I argue that, though the complainants (and white people generally) are not harmed by such racialized speech, the complainants in fact harm Australians of colour through these utterances. These complaints can both cause and constitute at least two forms of epistemic injustice (willful hermeneutical ignorance and comparative credibility excess). Further, I argue that the complaints are grounded in a dual misrecognition: the complainants misrecognize (...) themselves in their own privileged racial specificity, and they misrecognize others in their own marginal racial specificity. Such misrecognition preserves the cultural imperialism of Australia’s dominant social imaginary—a means of oppression that perpetuates epistemic insensitivity.Bringing this dual misrecognition to light best captures the indignity that is suffered by the victims of the aforementioned epistemic injustices. I argue that it is only when we truly recognize difference in its own terms, shifting the dominant social imaginary, that “mainstream Australians”can do their part in bringing about a just society. (shrink)

Genocide denialism is an understudied topic in the epistemic injustice scholarship; so are epistemic relations outside of the Euro-American context. This article proposes to bring the literature into contact with an underexplored topic in a ‘distant’ setting: Turkey. Here, I explore the ethical and epistemological implications of the Turkish denial of the Armenian genocide as a pervasive and systematic epistemic harm. Using an interdisciplinary methodology, I argue that a philosophical exploration of genocide denialism requires examining the role of institutions (...) and ideology in relation to the epistemic harm done by individual perpetrators. More specifically, I suggest that the individual, ideological, and institutional roots of genocide denialism constitute a regime of epistemic injustice in Turkey. (shrink)

There seem to be many kinds of moral duties. We should keep our promises; we should pay our debts of gratitude; we should compensate those we’ve wronged; we should avoid doing or intending harm; we should help those in need. These constitute, some worry, an unconnected heap of duties: the realm of commonsense morality is a disorganized mess. In this paper, we outline a strategy for unifying commonsense moral duties. We argue that they can be understood in terms of (...) contact with value. You are in contact with a value when you are manifest in it or when it is manifest in you. You have reason to get in contact with the good and avoid contact with evil. And when you’re in contact with a value, the weight of the reasons it grounds are amplified for you. These ideas, we argue, can bring order to the chaos of commonsense morality. (shrink)

To be effective, a medical intervention must improve one's health by targeting a disease. The concept of disease, though, is controversial. Among the leading accounts of disease-naturalism, normativism, hybridism, and eliminativism-I defend a version of hybridism. A hybrid account of disease holds that for a state to be a disease that state must both (i) have a constitutive causal basis and (ii) cause harm. The dual requirement of hybridism entails that a medical intervention, to be deemed effective, must (...) target either the constitutive causal basis of a disease or the harms caused by the disease (or ideally both). This provides a theoretical underpinning to the two principle aims of medical treatment: care and cure. (shrink)

As the aim of the responsible robotics initiative is to ensure that responsible practices are inculcated within each stage of design, development and use, this impetus is undergirded by the alignment of ethical and legal considerations towards socially beneficial ends. While every effort should be expended to ensure that issues of responsibility are addressed at each stage of technological progression, irresponsibility is inherent within the nature of robotics technologies from a theoretical perspective that threatens to thwart the endeavour. This is (...) because the concept of responsibility, despite being treated as such, is not monolithic: rather this seemingly unified concept consists of converging and confluent concepts that shape the idea of what we colloquially call responsibility. From a different perspective, robotics will be simultaneously responsible and irresponsible depending on the particular concept of responsibility that is foregrounded: an observation that cuts against the grain of the drive towards responsible robotics. This problem is further compounded by responsible design and development as contrasted to responsible use. From a different perspective, the difficulty in defining the concept of responsibility in robotics is because human responsibility is the main frame of reference. Robotic systems are increasingly expected to achieve the human-level performance, including the capacities associated with responsibility and other criteria which are necessary to act responsibly. This subsists within a larger phenomenon where the difference between humans and non-humans, be it animals or artificial systems, appears to be increasingly blurred, thereby disrupting orthodox understandings of responsibility. This paper seeks to supplement the responsible robotics impulse by proposing a complementary set of human rights directed specifically against the harms arising from robotic and artificial intelligence technologies. The relationship between responsibilities of the agent and the rights of the patient suggest that a rights regime is the other side of responsibility coin. The major distinction of this approach is to invert the power relationship: while human agents are perceived to control robotic patients, the prospect for this to become reversed is beginning. As robotic technologies become ever more sophisticated, and even genuinely complex, asserting human rights directly against robotic harms become increasingly important. Such an approach includes not only developing human rights that ‘protect’ humans but also ‘strengthen’ people against the challenges introduced by robotics and AI [This distinction parallels Berlin’s negative and positive concepts of liberty ], by emphasising the social and reflective character of the notion of humanness as well as the difference between the human and nonhuman. This will allow using the human frame of reference as constitutive of, rather than only subject to, the robotic and AI technologies, where it is human and not technology characteristics that shape the human rights framework in the first place. (shrink)

According to common-sense morality, agents can become morally connected to the wrongdoing of others, such that they incur special obligations to prevent or rectify the wrongs committed by the primary wrongdoer. We argue that, under certain conditions, voluntary and unjustified observation of another agent’s degrading wrongdoing, or of the ‘product’ of their wrongdoing, can render an agent morally liable to bear costs for the sake of the victim of the primary wrong. We develop our account with particular reference to widespread (...) modern phenomena such as so-called ‘revenge porn’, ‘up-skirting’, and the online observation of sexual assault and murder. On our account, observation is not a sui generis basis of liability. Instead, observation grounds liability in virtue of manifesting three, more general, grounds of liability. First, observation can compound a primary wrong, making that wrong more harmful for the victim. Second, observation can constitute degrading treatment of the victim. Third, in certain cases observation can enable primary wrongdoing. We conclude by discussing the conditions under which observing degrading wrongs might be morally justified. (shrink)

Extant literature on Goodman’s ‘New Riddle of Induction’ deals mainly with two versions. I consider both of them, starting from the (‘epistemic’) version of Goodman’s classic of 1954. It turns out that it belongs to the realm of applications of inductive logic, and that it can be resolved by admitting only significant evidence (as I call it) for confirmations of hypotheses. Sect. 1 prepares some ground for the argument. As much of it depends on the notion of evidential significance, this (...) concept is defined and its introduction motivated. Further, I introduce and explain the distinction between support and confirmation: put in a slogan, ‘confirmation is support by significant evidence’. The second section deals with the Riddle itself. I demonstrate that, given the provisions of the first section, not ‘anything confirms anything’: significant green-evidence confirms only green-hypotheses (and no grue-hypotheses), and significant grue-evidence confirms only grue-hypotheses (and no green-hypotheses), whichever terms we use for expressing these evidences or hypotheses. The third section rounds off my treatment. First I show that Frank Jackson’s use of his counterfactual condition is unsuccessful. Further, I argue that no unwanted consequences result, if one starts from the other, ‘objective’, definition of ‘grue’, as it constitutes no more than a mere fact of logic that cannot do any harm. Finally, I present a grue-case involving both kinds of definition, where the exclusive confirmation of either the green- or the grue-hypothesis is shown. (shrink)

The COVID-19 global pandemic has shone a light on several important ethical questions, ranging from fairness in resource allocation to the ethical justification of government mandates. In addition to these institutional issues, there are also several ethical questions that arise at the interpersonal level. This essay focuses on several of these issues. In particular, I argue that, despite the insistence in public health messaging that avoiding infecting others constitutes ‘saving lives’, virus transmission that results in death constitutes an act of (...) killing. Whether this killing is wrongful depends on several factors. I consider one intuitively plausible view—namely, that in many cases, killing via unintentional transmission is not wrongful, because the parties in question have implicitly waived their rights against this harm, often via reciprocal risk imposition. I argue that this view is mistaken, but that its central insight can be better captured by identifying the appropriate standards of blame that we ought to apply during a pandemic. I conclude by showing how these conclusions can be fruitfully applied to certain institutional questions, such as helping to justify restricting government mandates. (shrink)

A prevailing view in moral psychology holds that empathy and sympathy play key roles in morality and in prosocial and altruistic actions. Recently, Jesse Prinz (2011a, 2011b) has challenged this view and has argued that empathy does not play a foundational or causal role in morality. He suggests that in fact the presence of empathetic emotions is harmful to morality. Prinz rejects all theories that connect empathy and morality as a constitutional, epistemological, developmental, motivational, or normative necessity. I consider two (...) of Prinz’s theses: the thesis that empathy is not necessary for moral development, and the thesis that empathy should be avoided as a guide for morality. Based on recent research in moral psychology, I argue that empathy plays a crucial role in development of moral agency. I also argue that empathy is desirable as a moral emotion. (shrink)

Existing work on gaslighting ties it constitutively to facts about the intentions or prejudices of the gaslighter and/or his victim’s prior experience of epistemic injustice. I argue that the concept of gaslighting is more broadly applicable than has been appreciated: what is distinctive about gaslighting, on my account, is simply that a gaslighter confronts his victim with a certain kind of choice between rejecting his testimony and doubting her own basic epistemic competence in some domain. I thus hold that gaslighting (...) is a purely epistemic phenomenon—not requiring any particular set of intentions or prejudices on the part of the gaslighter—and also that it can occur even in the absence of any prior experience of epistemic injustice. Appreciating the dilemmatic character of gaslighting allows us to understand its connection with a characteristic sort of epistemic harm, makes it easier to apply the concept of gaslighting in practice, and raises the possibility that we might discover its structure and the associated harm in surprising places. (shrink)

In his ground‐breaking study Complicity, Christopher Kutz introduces the notion of ‘participatory intentions’ (individual intentions whose content is collective) to explain an agent's complicity with groups or organisations. According to Kutz, participatory intentions allow us to hold individuals morally accountable for collective wrongs independent of their causal contribution to the wrong and its ensuing harm. This article offers an alternative account of complicity. Its central claim is that an agent's complicity might be due to the dependence of his professional (...) role on the normative principles that make up the organisation or institution in whose practices he partakes. In other words, there might arise a constitutive failure in an agent's attempt to ascribe to himself a non‐complicit professional identity. I use the case of SS‐Judge Konrad Morgen in order to illustrate this understanding of complicity. (shrink)

In this note, my aim is to point out a phenomenon that has not received much attention; a phenomenon that, in my opinion, should not be overlooked in the professional practice of philosophy, especially within feminist efforts for social justice. I am referring to the way in which being a non-native speaker of English interacts with the practice of philosophy.1 There is evidence that non-native speakers are often perceived in prejudiced ways. Such prejudiced perception causes harm and, more importantly, (...) constitutes wrongdoing. As in other cases of prejudiced perception and biased behavior, it would be pretentious and misguided to expect philosophers and the philosophy profession to be free from this vice. There are good reasons to think that this prejudiced perception is bad not only for the persons who are perceived in such a way, but also for the profession, for it might make us miss important things that could improve philosophy in general. I claim we should be more sensitive to this phenomenon, both out of concern for justice, and for the sake of doing better philosophy. (shrink)

In this book, Toby Svoboda develops and defends a Kantian environmental virtue ethic, challenging the widely-held view that Kant's moral philosophy takes an instrumental view toward nature and animals and has little to offer environmental ethics. On the contrary, Svoboda posits that there is good moral reason to care about non-human organisms in their own right and to value their flourishing independently of human interests, since doing so is constitutive of certain virtues. Svoboda argues that Kant’s account of indirect (...) duties regarding nature can ground a compelling environmental ethic: the Kantian duty to develop morally virtuous dispositions strictly proscribes unnecessarily harming organisms, and Svoboda argues that this duty compels us to act in ways that benefit non-human organisms, given that doing so can enhance one’s virtues. Svoboda’s argument engages the recent literature on environmental virtue and provides an original argument for an environmental virtue ethic firmly rooted in Kant’s moral philosophy. (shrink)

We argue that machine learning algorithms can inflict microaggressions on members of marginalized groups and that recognizing these harms as instances of microaggressions is key to effectively addressing the problem. The concept of microaggression is also illuminated by being studied in algorithmic contexts. We contribute to the microaggression literature by expanding the category of environmental microaggressions and highlighting the unique issues of moral responsibility that arise when we focus on this category. We theorize two kinds of algorithmic microaggression, stereotyping and (...) erasure microaggressions, and argue that corporations are responsible for the microaggressions their algorithms create. As a case study, we look at the problems faced by Google’s autocomplete prediction and at the insufficiency of their solutions. The case study of autocomplete demonstrates our core claim that microaggressions constitute a distinct form of algorithmic bias and that identifying them as such allows us to avoid seeming solutions that recreate the same kinds of harms. Google has a responsibility to make information freely available, without exposing users to degradation. To fulfill its duties to marginalized groups, Google must abandon the fiction of neutral prediction and instead embrace the liberatory power of suggestion. (shrink)

I argue for two propositions. First, contrary to the common wisdom, we may justly punish individuals who are not morally responsible for their crimes. Psychopaths – individuals who lack the capacity to feel sympathy – help to prove this point. Scholars are increasingly arguing that psychopaths are not morally responsible for their behavior because they suffer from a neurological disorder that makes it impossible for them to understand, and therefore be motivated by, moral reasons. These same scholars then infer from (...) this conclusion that they must also lack criminal responsibility and therefore that our continuing to punish psychopaths for their crimes is unjust. My response is that this inference is entirely fallacious. -/- Criminal responsibility turns out to be quite distinct from moral responsibility. The two kinds of responsibility require very different conditions to be satisfied. In particular, criminal responsibility, unlike moral responsibility, does not require an agent be able to grasp and follow moral reasons; it requires only that the individual be able to grasp and follow criminal laws. Once this point is recognized, it becomes much easier to accept my thesis: while the subset of psychopaths who commit crimes are not morally responsible for their criminal behavior because they cannot understand moral reasons, they are still criminally responsible because they can understand what the consequences will be if they get caught. For this reason, even though I concede that psychopaths are not morally responsible for the crimes that they commit, our practice of punishing them for these crimes is still just. -/- Second, I argue that psychopathy is a mental illness and should be recognized as such. One reason that it should be recognized as a mental illness is simply because it is; it satisfies the main criteria for inclusion in the DSM-IV, the “bible” of mental disorders. The other reason is more practical than conceptual. It starts with two facts: the U.S. Supreme Court has decided that the preventive detention of any individual who is not a criminal suspect is not constitutional unless the individual is not only dangerous but also mentally ill; and psychopathy is not currently considered to be a mental illness. So, as things now stand, we cannot preventively commit dangerous psychopaths – that is, psychopaths who have clearly indicated that they will be committing serious crimes. Instead, we must wait for them to commit the crimes before we can lock them up. Unfortunately, this incarceration always comes too late for the victims. It would therefore be better if we could lock them up before they actually inflict any harm. Once again, then, I propose that the legal and psychological communities classify psychopathy as a mental illness. (shrink)

We often feel survivor guilt when the very circumstances that harm others leave us unscathed. Although survivor guilt is both commonplace and intelligible, it raises a puzzle for the standard philosophical account of guilt, according to which people feel guilt only when they take themselves to be morally blameworthy. The standard account implies that survivor guilt is uniformly unfitting, as people are not blameworthy simply for having fared better than others. In this paper, we offer a rival account of (...) guilt, the relational account of guilt, which makes sense of survivor guilt and other forms of guilt without self-blame while preserving the intelligibility of guilt about culpable wrongdoing. According to this account, guilt involves the feeling of being unable to justify ourselves to others, and we lack self-justification when we (however blamelessly) stand on the positive side of an undesirable asymmetry with them. When someone survives something that those around her do not, the disparity in outcome constitutes an asymmetry that is often undesirable, because it arises from luck or violates a requirement of solidarity. Thus, survivor guilt is often fitting. (shrink)