Interview by Klasien Horstman on gender and genetics. 'Unlike many gender theorists, I do not view the body as socially constructed; nor do I share postmodern and deconstructionist disquiet at the notion of a unified subject. Frankly, I think these constructions get in the way of political action and are bad for women’s rights.' -/- .

Interview on the commodified body with Donna Dickenson by Alana Cattapan.

The spread of liberal individualism to the family is often portrayed as deeply inimical to the welfare of children and young people. In this view, the family is the bastion of the private and the antithesis of the contractual, rights-oriented model that underpins public life. This chapter examines that proposition critically.

This book examines the moral luck paradox, relating it to Kantian, consequentialist and virtue-based approaches to ethics. It also applies the paradox to areas in medical ethics, including allocation of scarce medical resources, informed consent to treatment, withholding life-sustaining treatment, psychiatry, reproductive ethics, genetic testing and medical research. If risk and luck are taken seriously, it might seem to follow that we cannot develop any definite moral standards, that we are doomed to moral relativism. However, Dickenson offers strong counter-arguments to (...) this view that enable us to think in terms of universal standards. (shrink)

Most opponents of somatic cell nuclear transfer and embryonic stem cell technologies base their arguments on the twin assertions that the embryo is either a human being or a potential human being, and that it is wrong to destroy a human being or potential human being in order to produce stem cell lines. Proponents’ justifications of stem cell research are more varied, but not enough to escape the charge of obsession with the status of the embryo. What unites the two (...) warring sides in ‘the stem cell wars’ is that women are equally invisible to both: ‘the lady vanishes.’ Yet the most legitimate property in the body is that which women possess in their reproductive tissue and the products of their reproductive labour. By drawing on the accepted characterisation in the common law of property as a bundle of rights, and on a Hegelian model of contract as mutual recognition, we can lessen the impact of the tendency to regard women and their ova as merely receptacles and women’s reproductive labour as unimportant. (shrink)

Until very recently the question of who owns embryonic or fetal tissue was of limited importance to clinicians, but advances in stem cell research have made such tissue commercially valuable. This chapter examines the legal and ethical basis of claims to property in embryonic or fetal tissue, taking a critical stance.

Warfare is becoming increasingly automated, from automatic missile defense systems to micro-UAVs (WASPs) that can maneuver through urban environments with ease, and each advance brings with it ethical questions in need of resolving. Proponents of lethal autonomous weapons systems (LAWS) provide varied arguments in their favor; robots are capable of better identifying combatants and civilians, thus reducing "collateral damage"; robots need not protect themselves and so can incur more risks to protect innocents or gather more information before using deadly force; (...) robots can assess situations more quickly and do so without emotion, reducing the likelihood of fatal mistakes due to human error; and sending robots to war protects our own soldiers from harm. However, these arguments only point in favor of autonomous weapons systems, failing to demonstrate why such systems need be made *lethal*. In this paper I argue that if one grants all of the proponents' points in favor of LAWS, then, contrary to what might be expected, this leads to the conclusion that it would be both immoral and illegal to deploy *lethal* autonomous weapons, because the many features that speak in favor of them also undermine the need for them to be programmed to take lives. In particular, I argue that such systems, if lethal, would violate the moral and legal principle of necessity, which forbids the use of weapons that impose superfluous injury or unnecessary harm. I conclude by highlighting that the argument is not against autonomous weapons per se, but only against *lethal* autonomous weapons. (shrink)

Objectives—To assess whether UK and US health care professionals share the views of medical ethicists about medical futility, withdrawing/withholding treatment, ordinary/extraordinary interventions, and the doctrine of double effectDesign, subjects and setting–A 138-item attitudinal questionnaire completed by 469 UK nurses studying the Open University course on “Death and Dying” was compared with a similar questionnaire administered to 759 US nurses and 687 US doctors taking the Hastings Center course on “Decisions near the End of Life”.Results–Practitioners accept the relevance of concepts widely (...) disparaged by bioethicists: double effect, medical futility, and the distinctions between heroic/ordinary interventions and withholding/ withdrawing treatment. Within the UK nurses' group a “rationalist” axis of respondents who describe themselves as having “no religion” are closer to the bioethics consensus on withholding and withdrawing treatment.Conclusions—Professionals' beliefs differ substantially from the recommendations of their professional bodies and from majority opinion in bioethics. Bioethicists should be cautious about assuming that their opinions will be readily accepted by practitioners. (shrink)

The debate about direct-to-consumer genetic testing has centred on whether consumers are the best judges of their own clinical care. Inthis article, I also examine whether the science of personalized medicine is really as advanced as its proponents claim, and how the availability of genetic markers affects decisions on who gets and does not get medical treatment.

Abstract Gender and Ethics Committees: Where’s the Different Voice? -/- Prominent international and national ethics commissions such as the UNESCO Bioethics Commission rarely achieve anything remotely resembling gender equality, although local research and clinical ethics committees are somewhat more egalitarian. Under-representation of women is particularly troubling when the subject matter of modern bioethics so disproportionately concerns women’s bodies, and when such committees claim to derive ‘universal’ standards. Are women missing from many ethics committees because of relatively straightforward, if discriminatory, demographic (...) factors? Or are the methods of analysis and styles of ethics to which these bodies are committed somehow ‘anti-female’? It has been argued, for example, that there is a ‘different voice’ in ethical reasoning, not confined to women but more representative of female experience. Similarly, some feminist writers, such as Evelyn Fox Keller and Donna Haraway, have asked difficult epistemological questions about the dominant ‘masculine paradigm’ in science. Perhaps the dominant paradigm in ethics committee deliberation is similarly gendered? This article provides a preliminary survey of women’s representation on ethics committees in Eastern and Western Europe, a critical analysis of the supposed ‘masculinism’ of the principlist approach, and a case example in which a ‘different voice’ did indeed make a difference. (shrink)

This article, based on a case study, examines issues of confidentiality and family impact in a diagnosis of Huntington's disease. Genetic-based illness transcends individualistic models of patient autonomy because it also involves other family members, requiring a new approach to patient confidentiality.

This article, arising from a comparative European Commission project, analyses different national perspectives on bioethics issues.

New developments in biotechnology radically alter our relationship with our bodies. Body tissues can now be used for commercial purposes, while external objects, such as pacemakers, can become part of the body. Property in the Body: Feminist Perspectives transcends the everyday responses to such developments, suggesting that what we most fear is the feminisation of the body. We fear our bodies are becoming objects of property, turning us into things rather than persons. This book evaluates how well-grounded this fear is, (...) and suggests innovative models of regulating what has been called 'the new Gold Rush' in human tissue. This is an up-to-date and wide-ranging synthesis of market developments in body tissue, bringing together bioethics, feminist theory and lessons from countries that have resisted commercialisation of the body, in a theoretically sophisticated and practically significant approach. (shrink)

Expressivists explain the expression relation which obtains between sincere moral assertion and the conative or affective attitude thereby expressed by appeal to the relation which obtains between sincere assertion and belief. In fact, they often explicitly take the relation between moral assertion and their favored conative or affective attitude to be exactly the same as the relation between assertion and the belief thereby expressed. If this is correct, then we can use the identity of the expression relation in the two (...) cases to test the expressivist account as a descriptive or hermeneutic account of moral discourse. I formulate one such test, drawing on a standard explanation of Moore's paradox. I show that if expressivism is correct as a descriptive account of moral discourse, then we should expect versions of Moore's paradox where we explicitly deny that we possess certain affective or conative attitudes. I then argue that the constructions that mirror Moore's paradox are not incoherent. It follows that expressivism is either incorrect as a hermeneutic account of moral discourse or that the expression relation which holds between sincere moral assertion and affective or conative attitudes is not identical to the relation which holds between sincere non-moral assertion and belief. A number of objections are canvassed and rejected. (shrink)

Even in the increasingly individualized American medical system, advocates of 'personalized medicine' claim that healthcare isn't individualized enough. With the additional glamour of new biotechnologies such as genetic testing and pharmacogenetics behind it, 'Me Medicine'-- personalized or stratified medicine-- appears to its advocates as the inevitable and desirable way of the future. Drawing on an extensive evidence base, this book examines whether these claims are justified. It goes on to examine an alternative tradition rooted in communitarian ideals, that of the (...) common good as a goal in medicine. (shrink)

For a long time discussion about scarce health care resource allocation was limited to allocation of medical resources, with the paradigmatic case being kidney transplants. However, a narrow focus on medical resources prevents us from seeing that there are many cases-- perhaps the majority-- in which less dramatic but equally important issues of rationing occur. The allocation of nurses' time is one such issue.

According to Schopenhauer’s compensation argument for pessimism, the non-existence of the world is preferable to its existence because no goods can ever compensate for the mere existence of evil. Standard interpretations take this argument to be based on Schopenhauer’s thesis that all goods are merely the negation of evils, from which they assume it follows that the apparent goods in life are in fact empty and without value. This article develops a non-standard variant of the standard interpretation, which accepts the (...) relevance of the negativity thesis but rejects that the argument assumes that life’s goods are all empty and valueless. Instead, it argues that whatever value negative goods might possess, they do not have the kind of value to compensate for positive evils. This involves additional development of the negativity thesis and a defence of it against objections from Byron Simmons (2021). (shrink)

The present article proposes to study Condillac’s analysis of Spinoza’s Ethics, against the background of the more general criticism that the French abbot makes of the seventeenth-century logique de système. From the Essai sur l’origine des connaissances humaines to the Traité des systèmes to the later texts, Condillac’s theory and critique of systems are crossed by two components: on the one hand, the search for the sensory origin of ideas, that Condillac radicalizes in his Traité des sensations into a theory (...) of knowledge as a ‘transformed sensation’. On the other hand, an operative logic of signs, which from the Essai to the works subsequent to the Traité des sensations translates sensibility into a knowledge, or a ‘well-made language’, whose logic is calculation. My objective is to clarify how the new ‘systematic spirit’, repeatedly invoked by the abbot, departs from the ‘bad metaphysics’ that he claims to liquidate. The comparison with the Spinozist system will be illuminating: in his treatise on the metaphysical systems of the seventeenth century Condillac proposes a critical analysis of the ‘geometrical spirit’; in his latest work, La langue des calculs, he proposes a new logic to which he assigns the task of bringing together the abstract and the concrete, beyond the ruins of classical metaphysics. The ‘systematic spirit’ and ‘spirit of system’ will be revealed, in spite of Condillac’s efforts, as being much closer to what it appears at first sight. (shrink)

I argue that we can and should extend Tarski's model-theoretic criterion of logicality to cover indefinite expressions like Hilbert's ɛ operator, Russell's indefinite description operator η, and abstraction operators like 'the number of'. I draw on this extension to discuss the logical status of both abstraction operators and abstraction principles.

In Two Minds is a practical casebook of problem solving in psychiatric ethics. Written in a lively and accessible style, it builds on a series of detailed case histories to illustrate the central place of ethical reasoning as a key competency for clinical work and research in psychiatry. Topics include risk, dangerousness and confidentiality; judgements of responsibility; involuntary treatment and mental health legislation; consent to genetic screening; dual role issues in child and adolescent psychiatry; needs assessment; cross-cultural and gender issues; (...) rational and irrational suicide; shared decision making in multi-agency teams, and the growing role of the user's voice in psychiatry. Key ethical concepts are carefully introduced and explained. The text is richly supported by detailed guides for further reading. There are separate chapters on teaching psychiatric ethics, including a sample seminar, and on writing a research ethics application. Each case history and discussion is followed by a critical commentary from a practitioner with relevant experience. Jim Birley adds a comparative international perspective on psychiatric ethics. Cartoons by Johnny Cowee provide punchy counterpoint! In Two Minds is the sister volume to the third edition of Sidney, Paul Chodoff and Steven Green's highly successful Psychiatric Ethics. In providing a bridge between theory and practice, it will be essential reading for everyone concerned with improving standards in mental health care. (shrink)

This book contributes to the feminist reconstruction of political theory. Although many feminist authors have pointed out the ways in which women have been property, they have been less successful in suggesting how women might become the subjects rather than the objects of property-holding. This book synthesises political theory from liberal, Marxist, Kantian and Hegelian traditions, applying these ideas to history and social policy.

This contribution aims to present the different philosophical interpretations of Descartes and Cartesian philosophies in the 17th century within the Revue Internationale de Philosophie. Studies on Descartes and Cartesian philosophies profoundly influenced the scientific orientations of the Revue by promoting the encounter between historical-philosophical and epistemological research. By reconstructing a century of Cartesian interpretations in the Revue, from the 1930s to the present day, the contribution examines the link between the universality of philosophical ideas and the analysis of texts, between (...) the history of ideas and the history of philosophical systems. (shrink)

In the specific case of geography, the real world consists on the one hand of physical geographic features (bona fide objects) and on the other hand of various fiat objects, for example legal and administrative objects, including parcels of real estate, areas of given soil types, census tracts, and so on. It contains in addition the beliefs and actions of human beings directed towards these objects (for example, the actions of those who work in land registries or in census bureaux), (...) and the relations between these beliefs and actions and their targets. The document is a Report of the Specialist Meeting held under the auspices of the Varenius Project. (shrink)

Review of Margit Shildrick, Leaky Bodies and Boundaries: Feminism, Postmodernism and (Bio)Ethics.

Some philosophers argue that Hume, given his theory of causation, is committed to an implausibly thin account of what it is like to act voluntarily. Others suggest, on the basis of his argument against free will, that Hume takes no more than an illusory feature of action to distinguish the experience of performing an act from the experience of merely observing an act. In this paper, I argue that Hume is committed to neither an unduly parsimonious nor a sceptical account (...) of the phenomenology of agency. (shrink)

Kant begins the First Section of the Groundwork with a statement that is one of the most memorable in all his writings: “There is nothing it is possible to think of anywhere in the world, or indeed anything at all outside it, that can be held to be good without limitation, excepting only a good will” (Ak 4:393).[i] Due to the textual prominence of this claim, readers of the Groundwork have usually proceeded to read that work, and Kant’s other ethical (...) works as well, on the assumption that the truth of that assertion, and therefore the conception of the good will, both occupy a fundamental place in Kantian ethics. The assumption, however, becomes increasingly hard to sustain as we gain more familiarity with Kant’s ethical writings and better understanding of his ethical theory.[ii] As for the concept of the good will, Kant does avow the intention of “developing” it (Ak 4:397), and he goes on to thematize concepts that he thinks of as related to the good will (the moral worth of an action, acting from duty). But he never provides an explicit account of what he takes a ‘good will’ to be.[iii]. (shrink)

Speculative enhancement technologies are premised on the notion that I have a duty to be the best Me I can possibly be. This article takes a sceptical look at that claim.

I examine Hume’s ‘construal of the basic structure of human agency’ and his ‘analysis of human agency’ as they arise in his investigation of causal power. Hume’s construal holds both that volition is separable from action and that the causal mechanism of voluntary action is incomprehensible. Hume’s analysis argues, on the basis of these two claims, that we cannot draw the concept of causal power from human agency. Some commentators suggest that Hume’s construal of human agency is untenable, unduly skeptical, (...) or uniquely entailed by the limits of empiricism. However, as I argue, these criticisms depend either on a misunderstanding of Hume’s analysis of human agency or on a neglect of the historical context of his view. (shrink)

'An alarming and illuminating book. The story of how we have allowed private corporations to patent genes, to stockpile human tissue, and in short to make profits out of what many people feel ought to be common goods is a shocking one. No one with any interest at all in medicine and society and how they interact should miss this book, and it should be required reading for every medical student,'--Philip Pullman.

It is plausible that there are epistemic reasons bearing on a distinctively epistemic standard of correctness for belief. It is also plausible that there are a range of practical reasons bearing on what to believe. These theses are often thought to be in tension with each other. Most significantly for our purposes, it is obscure how epistemic reasons and practical reasons might interact in the explanation of what one ought to believe. We draw an analogy with a similar distinction between (...) types of reasons for actions in the context of activities. The analogy motivates a two-level account of the structure of normativity that explains the interaction of correctness-based and other reasons. This account relies upon a distinction between normative reasons and authoritatively normative reasons. Only the latter play the reasons role in explaining what state one ought to be in. All and only practical reasons are authoritative reasons. Hence, in one important sense, all reasons for belief are practical reasons. But this account also preserves the autonomy and importance of epistemic reasons. Given the importance of having true beliefs about the world, our epistemic standard typically plays a key role in many cases in explaining what we ought to believe. In addition to reconciling (versions of) evidentialism and pragmatism, this two-level account has implications for a range of important debates in normative theory, including the interaction of right and wrong reasons for actions and other attitudes, the significance of reasons in understanding normativity and authoritative normativity, the distinction between ‘formal’ and ‘substantive’ normativity, and whether there is a unified source of authoritative normativity. (shrink)

I show that the model-theoretic meaning that can be read off the natural deduction rules for disjunction fails to have certain desirable properties. I use this result to argue against a modest form of inferentialism which uses natural deduction rules to fix model-theoretic truth-conditions for logical connectives.

A natural suggestion and increasingly popular account of how to revise our logical beliefs treats revision of logic analogously to the revision of scientific theories. I investigate this approach and argue that simple applications of abductive methodology to logic result in revision-cycles, developing a detailed case study of an actual dispute with this property. This is problematic if we take abductive methodology to provide justification for revising our logical framework. I then generalize the case study, pointing to similarities with more (...) recent and popular heterodox logics such as naïve logics of truth. I use this discussion to motivate a constraint—logical partisanhood—on the uses of such methodology: roughly: both the proposed alternative and our actual background logic must be able to agree that moving to the alternative logic is no worse than staying put. (shrink)

Etiquette and other merely formal normative standards like legality, honor, and rules of games are taken less seriously than they should be. While these standards are not intrinsically reason-providing in the way morality is often taken to be, they also play an important role in our practical lives: we collectively treat them as important for assessing the behavior of ourselves and others and as licensing particular forms of sanction for violations. This chapter develops a novel account of the normativity of (...) formal standards where the role they play in our practical lives explains a distinctive kind of reason to obey them. We have this kind of reason to be polite because etiquette is important to us. We also have this kind of reason to be moral because morality is important to us. This parallel suggests that the importance we assign to morality is insufficient to justify it being substantive. (shrink)

It is well known that there is a shortage of human ova for in vitro fertilization (IVF) purposes, but little attention has been paid to the way in which the demand for ova in stem-cell technologies is likely to exacerbate that shortfall and create a trade in human eggs. Because the 'Dolly' technology relies on enucleated ova in large quantities, allowing for considerable wastage, there is a serious threat that commercial and research demands for human eggs will grow exponentially from (...) the combination of these two pressures. In the absence of legal regulation in the United Kingdom, and in the context of a globalized trade in human organs, we face a 'Wild West' situation in genetic and biotechnological research that involves human ova. (shrink)

Sometimes a fact can play a role in a grounding explanation, but the particular content of that fact make no difference to the explanation—any fact would do in its place. I call these facts vacuous grounds. I show that applying the distinction between-vacuous grounds allows us to give a principled solution to Kit Fine and Stephen Kramer’s paradox of ground. This paradox shows that on minimal assumptions about grounding and minimal assumptions about logic, we can show that grounding is reflexive, (...) contra the intuitive character of grounds. I argue that we should never have accepted that grounding is irreflexive in the first place; the intuitions that support the irreflexive intuition plausibly only require that grounding be non-vacuously irreflexive. Fine and Kramer’s paradox relies, essentially, on a case of vacuous grounding and is thus no problem for this account. (shrink)

I argue that certain species of belief, such as mathematical, logical, and normative beliefs, are insulated from a form of Harman-style debunking argument whereas moral beliefs, the primary target of such arguments, are not. Harman-style arguments have been misunderstood as attempts to directly undermine our moral beliefs. They are rather best given as burden-shifting arguments, concluding that we need additional reasons to maintain our moral beliefs. If we understand them this way, then we can see why moral beliefs are vulnerable (...) to such arguments while mathematical, logical, and normative beliefs are not—the very construction of Harman-style skeptical arguments requires the truth of significant fragments of our mathematical, logical, and normative beliefs, but requires no such thing of our moral beliefs. Given this property, Harman-style skeptical arguments against logical, mathematical, and normative beliefs are self-effacing; doubting these beliefs on the basis of such arguments results in the loss of our reasons for doubt. But we can cleanly doubt the truth of morality. (shrink)

There has been a troublesome anomaly in the UK between cash payment to men for sperm donation and the effective assumption that women will pay to donate eggs. Some commentators, including Donald Evans in this journal, have argued that the anomaly should be resolved by treating women on the same terms as men. But this argument ignores important difficulties about property in the body, particularly in relation to gametes. There are good reasons for thinking that the contract model and payment (...) for gametes are both inappropriate, and that a model based on altruism should be applied to both sexes. (shrink)

Review of Nils Hoppe book, Bioequity--Property in the Body.

What does it mean to respect autonomy and encourage meaningful consent to treatment in the case of patients who have dementia or are otherwise incompetent? This question has been thrown into sharp relief by the Law Lords' decision in R.v Bournewood Community and Mental Health NHS Trust, ex parte L.

The feminist movement may seek democratization on a global scale, but women are still hampered by a democratic deficit in terms of economic and political power. On the other hand, global feminist networks and new expanded forms of non-territorial political space do appear to be increasing democratic participation for women.

How can we allocate scarce health care resources justly? In particular, are markets the most efficient way to deliver health services? Much blood, sweat and ink has been shed over this issue, but rarely has either faction challenged the unspoken assumption behind the claim made by advocates of markets: that efficiency advances the interests of both individuals and society. Whether markets actually do increase efficiency is arguably a matter for economists, but the deeper ethical question is whether efficiency is the (...) correct criterion, in terms of social justice and individual needs. (shrink)

This chapter critically examines two frequently found assumptions in the debate about trafficking for prostitution: 1. That the sale of sexual services is like the sale of any other good or service; 2. That by and large women involved in trafficking for prostitution freely consent to sell such services.

Review of Graeme Laurie, Genetic Privacy: A Challenge to Medico-Legal Norms.

In this article I evaluate a resurrected French resistance movement--to biotechnological commodification. The official French view that ‘the body is the person’ has been dismissed as a ‘taboo’ by the French political scientist Dominique Memmi . Yet France has indeed resisted the models of globalised commodification adopted in US bioechnology, as, for example, when the government blocked a research collaboration between the American firm Millennium Pharmaceuticals and a leading genomics laboratory, le Centre d’Etude du Polymorphisme Humain, on the grounds the (...) ‘French DNA’ should not be given away. -/- This example, however, itself suggests why the ‘new French Resistance’ is not altogether liberating. The absolutist conception of all bodies as belonging to the French state—indeed, as constituting the body politic —is so potentially invasive that a counter-ideology of inviolability of the body is maintained assiduously. This inviolability is defended particularly strongly against commercialisation, but only at the moment when tissue is taken from the individual subject, who is not to be paid or compensated-- although commercial enterprises who subsequently use the tissue are not similarly constrained. -/- . (shrink)

I distinguish two ways of developing anti-exceptionalist approaches to logical revision. The first emphasizes comparing the theoretical virtuousness of developed bodies of logical theories, such as classical and intuitionistic logic. I'll call this whole theory comparison. The second attempts local repairs to problematic bits of our logical theories, such as dropping excluded middle to deal with intuitions about vagueness. I'll call this the piecemeal approach. I then briefly discuss a problem I've developed elsewhere for comparisons of logical theories. Essentially, the (...) problem is that a pair of logics may each evaluate the alternative as superior to themselves, resulting in oscillation between logical options. The piecemeal approach offers a way out of this problem andthereby might seem a preferable to whole theory comparisons. I go on to show that reflective equilibrium, the best known piecemeal method, has deep problems of its own when applied to logic. (shrink)

Does advocating women's reproductive rights require us to believe that women own property in their bodies? In this chapter I conclude that it does not. Although the concept of owning our own bodies — ‘whose body is it anyway?’ — has polemical and political utility, it is incoherent in philosophy and law. Rather than conflate the entirely plausible concept of women’s reproductive rights and the implausible notion of property in the body, we should keep them separate, so that the weakness (...) of the second concept does not contaminate the purity of the first. (shrink)

Reproductive ageing has effects on individual and public health, now and in generations to come. This volume of presentations from a conference at the Royal College of Obstetricians and Gynaecologists brings together a diverse but timely set of contributions.. in ny chapter I specifically examine the responsibilities of the College to women outside normal reproductive age.

As algorithms have become ubiquitous in consequential domains, societal concerns about the potential for discriminatory outcomes have prompted urgent calls to address algorithmic bias. In response, a rich literature across computer science, law, and ethics is rapidly proliferating to advance approaches to designing fair algorithms. Yet computer scientists, legal scholars, and ethicists are often not speaking the same language when using the term ‘bias.’ Debates concerning whether society can or should tackle the problem of algorithmic bias are hampered by conflations (...) of various understandings of bias, ranging from neutral deviations from a standard to morally problematic instances of injustice due to prejudice, discrimination, and disparate treatment. This terminological confusion impedes efforts to address clear cases of discrimination. -/- In this paper, we examine the promises and challenges of different approaches to disambiguating bias and designing for justice. While both approaches aid in understanding and addressing clear algorithmic harms, we argue that they also risk being leveraged in ways that ultimately deflect accountability from those building and deploying these systems. Applying this analysis to recent examples of generative AI, our argument highlights unseen dangers in current methods of evaluating algorithmic bias and points to ways to redirect approaches to addressing bias in generative AI at its early stages in ways that can more robustly meet the demands of justice. (shrink)