According to a persistent assumption in legal philosophy, the social rule at the foundation of a legal system (the Rule of Recognition) serves both an epistemic and a duty-imposing function. Thus, some authors have claimed that it would be a formidable problem for legal philosophy to explain how such social rules can impose duties, and some have taken it upon themselves to show how social practices might just do that. However, I argue that this orthodox assumption about (...) the dual function of rule of recognition is ill-founded. Contrary to the orthodox view, we have no good reasons to ascribe more than an epistemic function to the rule of recognition. Accordingly, the norms deriving immediately from the rule of recognition are no different than those entailed by other epistemic, grammatical or syntactic norms. Consequently, accounts of the normativity of law need not explain how social practices like conventions or plans might impose duties on the officials of a legal system. (shrink)

The foundation of every society is the result of an arbitrary act: one of its parts takes control over the rest and (re)makes the world in its own image. Any sort of tribal, theocratic, feudal, political dimension in the history of our civilisation has indeed shaped reality according to its peculiar needs and aims, by means of a system of thought that could justify its permanence in time. The creation of artificial needs requires a distorted perception of inherent threshold values; (...) otherwise, Debord says, we wouldn't be the well-oiled cogs we're expected to be in the machinery of the system. The list of our natural needs is indeed quite short: only a few biological functions and a couple of psychophysical drives to be satisfied when necessary, such as sex and sociality. As a matter of fact, it doesn't take much for a human being to survive. Modern society can't afford to accept the concept of 'strictly necessary' though, not after its very existence became anachronistic and even threatening to a world ruled by the market-a world that needs buyers and consumers in order to survive. What Debord clearly points out is indeed the fake sense of freedom in our choices, the great lie presiding over our lives as consumers-a surrogate freedom that was bestowed upon us as yet another commodity. Even our dirtiest excesses are fed their daily fix of filth by the market; as long as our kinks imply some sort of purchase, we'll always find an industry willing to satisfy them. a use of the commodity arises that is sufficient unto itself; what this means for the consumer is an outpouring of religious zeal in honor of the commodity's sovereign freedom. waves of enthusiasm for particular products, fueled and boosted by the communications media, are propagated with lightning speed. a film sparks a fashion craze, or a magazine launches a chain of clubs that in turn spins off a line of products. the sheer fad item perfectly expresses the fact that, as the mass of commodities becomes more and more absurd, absurdity becomes a commodity in its own right... The spectacle is the moment when the commodity has attained the total occupation of social life. Not only is the relation to the commodity visible but it is all one sees: the world one sees is its world. Modern economic production extends its dictatorship extensively and intensively. In the least industrialized places, its reign is already attested by a few star commodities and by the imperialist domination imposed by regions which are ahead in the development of productivity. In the advanced regions, social space is invaded by a continuous superimposition of geological layers of commodities. At this point in the \"second industrial revolution,\" alienated consumption becomes for the masses a duty supplementary to alienated production. (shrink)

Most readers believe that it is difficult, verging on the impossible, to extract concrete prescriptions from the ethics of Emmanuel Levinas. Although this view is largely correct, Levinas’ philosophy can, with some assistance, generate specific duties on the part of legal actors. In this paper, I argue that the fundamental premises of Levinas’ theory of justice can be used to construct a prohibition against capital punishment. After analyzing Levinas’ concepts of justice, responsibility, and interruption, I turn toward his scattered remarks (...) on legal institutions, arguing that they enable a sense of interruption specific to the legal domain. It is here that we find the conceptual resources most important to my Levinasian abolition. I argue that the interruption of legal justice by responsibility implies what I call the principle of revisability. The principle of revisability states a necessary condition of just legal institutions: To be just, legal institutions must ensure the possibility of revising any and all of their rules, principles, and judgments. From this, the argument against capital punishment easily follows. Execution is a legal act, perhaps the only legal act, that cannot be undone. An application of the principle of revisability to this fact leads to the conclusion that legal institutions cannot justly impose capital punishment. After defending these points at length, I conclude with some observations on the consequences of the principle of revisability for law more generally. (shrink)

For over a century now, American scholars (among others) have been debating the merits of “bad Samaritan” laws — laws punishing people for failing to attempt easy and safe rescues. Unfortunately, the opponents of bad Samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states have passed bad Samaritan laws, and these laws impose only the most minimal punishment — either sub-$500 fines or short-term imprisonment. -/- This Article argues that every state should (...) criminalize bad Samaritanism. There are three main reasons. First, criminalization is required by the supreme value that we place on protecting human life, a value that motivates laws against both homicide and manslaughter. Second, criminalization is recommended by the “proportionality principle” — i.e., the principle that a law’s level of punishment should be directly proportional to the moral severity of the offense. Third, criminalization would yield a number of significant benefits, including helping to minimize needless deaths and injuries and providing society with an institutional outlet for its outrage against bad Samaritans. -/- Still, many objections have been leveled against bad Samaritan laws. This Article will argue that while some of these objections — for example, the objections involving foundational criminal law principles such as the actus-reus requirement, the harm principle, and causation — are all easily refuted, five other objections are not. These five objections involve pragmatic considerations such as the difficulties with obtaining evidence against bad Samaritans and psychological considerations such as people’s understandable reasons for not wanting to “get involved.” This Article will then put these five objections into reflective equilibrium with the moral arguments for bad Samaritan laws and conclude that while bad Samaritanism should indeed be criminalized, the punishment that convicted bad Samaritans receive should be mild — certainly milder than the level of punishment recommended by the “proportionality principle.” The corollary of this conclusion is that the criminal law should sometimes abandon the proportionality principle. (shrink)

‘Dumping’ is a practice in international trade whereby a product is introduced into the commerce of another country at less than its ‘normal value,’ which might cause or threaten material injury to the domestic industry of the importing country. To address the practice of dumping and provide rules to deal with it, the World Trade Organization (WTO) adopted the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (1994), known as the Anti-Dumping Agreement (ADA). (...) -/- The ADA sets out anti-dumping investigation procedures that importing countries must follow if they wish to impose anti-dumping measures, which are determined by comparing the normal value and the export price of the goods in question. However, not all countries are treated equally under these arrangements. Countries that are non-market economies (NMEs) are accorded special treatment provided by specific rules, including the option for investigating authorities to resort to surrogate prices in a third country for the purpose of establishing normal value. This application of surrogate prices is referred to as ‘NME treatment’. In the absence of an internationally recognised definition of an NME, each WTO Member has adopted its own definition and/or a list of NMEs. Vietnam, a WTO Member whose economy is moving from being centrally planned to being market-based, is considered an NME by both the United States (US) and the European Union (EU). This research investigates whether the non-market economy status of NMEs such as Vietnam disadvantages exporters in anti-dumping investigations and proceedings. The research analyses legal, procedural and other issues relating to the non-market economy status of NMEs in general and Vietnam in particular, in anti-dumping investigations and proceedings conducted by the US and the EU. The research uses a qualitative methodology design, by which data was collected primarily using desk-based study, supplemented by interviews with anti-dumping experts, Vietnamese exporters and government officials. It involves the examination of international law pertaining to anti-dumping, the US and EU anti-dumping laws and investigation procedures, analysis of the WTO anti-dumping dispute settlement procedures and related jurisprudence, as well as the analysis of Vietnam’s transition to a market economy. -/- The research has found that both the US and EU treat Vietnam as a NME and have developed their own specific methodologies for anti-dumping investigations on exports from Vietnam. Furthermore, it highlights the wide discretion of the US and the EU under their domestic laws in many stages of anti-dumping investigations. -/- The findings also show that the WTO Dispute Settlement Body generally considers the US and the EU practices to be consistent with the ADA provisions. However, certain US and EU practices were found to be inconsistent with the ADA, including ‘zeroing’, limited examination, surrogate country selection, and the imposition of the ‘entity-wide rate.’ Further, by applying these practices, investigating authorities might establish unpredictable normal values that may inflate the estimated dumping margins and ultimately lead to the imposition of a higher than appropriate anti-dumping duty. The analysis concludes that the NME status of countries such as Vietnam disadvantages them when facing claims of dumping. Finally, this thesis provides recommendations for Vietnamese exporters that will serve to improve their competence as defendants/respondents in anti-dumping investigations and proceedings and more effectively demonstrate the degree to which their operations are based on market-based principles. Recommendations are also provided to the Vietnam Government on ways in which it can support Vietnamese exporters in anti-dumping investigations and proceedings. (shrink)

Clinicians and health researchers frequently encounter opportunities to rescue people. Rescue cases can generate a moral duty to aid those in peril. As such, bioethicists have leveraged a duty to rescue for a variety of purposes. Yet, despite its broad application, the duty to rescue is under-analyzed. In this paper, we assess the state of theorizing about the duty to rescue. There are large gaps in bioethicists’ understanding of the force, scope, and justification of the two (...) most cited duties to rescue—the individual duty of easy rescue and the institutional rule of rescue. We argue that the duty of easy rescue faces unresolved challenges regarding its force and scope, and the rule of rescue is indefensible. If the duty to rescue is to help solve ethical problems, these theoretical gaps must be addressed. We identify two further conceptions of the duty to rescue that have received less attention—an institutional duty of easy rescue and the professional duty to rescue. Both provide guidance in addressing force and scope concerns and, thereby, traction in answering the outstanding problems with the duty to rescue. We conclude by proposing and propose research priorities for developing accounts of duties to rescue in bioethics. (shrink)

Scholars who favor shareholder primacy usually claim either that managers should not fulfill corporate duties of beneficence or that, if they are required to fulfill them, they do so by going against their obligations to shareholders. Distinguishing between structurally different types of duties of beneficence and recognizing the full force of the normative demands imposed on managers reveal that this view needs to be qualified. Although it is correct to think that managers, when acting on behalf of shareholders, are not (...) required to fulfill wide duties of charity, they are nevertheless required to fulfill a variety of narrow duties of beneficence. What is more, the obligation to fulfill these duties arises precisely because they are acting on behalf of shareholders. As such, this article 1) refines our understanding of the duties of corporate beneficence and 2) helps to identify which duties of beneficence are imposed on managers when they are acting on behalf of shareholders. (shrink)

Until recently most militaries tended to see moral issues through the lens of rules and regulations. Today, however, many armed forces consider teaching virtues to be an important complement to imposing rules and codes from above. A closer look reveals that it is mainly established military virtues such as honour, courage and loyalty that dominate both the lists of virtues and values of most militaries and the growing body of literature on military virtues. Although there is evidently (...) still a role for these traditional martial virtues, it is equally evident that they are not particularly relevant to, for instance, military personnel operating drones. This chapter looks into the ethics of unmanned warfare from the perspective of military virtues and military ethics education, and addresses the question of what we need to solve that just-mentioned misalignment: 1) a new set of virtues; 2) a different interpretation of the existing virtues; or 3) a different approach altogether, that is, an alternative to teaching virtues? That we have to think about such questions is at least partly because unmanned systems bring risk asymmetry in war to a new level, making warlike virtues such as physical courage by and large obsolete. The last section of this chapter therefore addresses the question: to what extent does the possibility of riskless warfare makes drone use ‘virtue-less’? (shrink)

Is human goodness a matter of fulfilling one’s obligations and obeying rules, or one of developing habits of virtue? This article contrasts Peter French’s and Alasdair MacIntyre’s Aristotelian approach to ethics as a matter of virtue with William Frankena’s and Iris Murdoch’s Kantian view of ethics as a matter of duty. If ethicists seek to establish an acceptable, distinguishing moral characteristic as the standard of goodness, such a task may only be accomplished at a metaethical level of investigation. (...) Approaching ethics as an either/or proposition of virtue vs. duty is wrongheaded; instead, we should approach ethics as a both/and proposition, consisting of both duty AND virtue. (shrink)

Many political theorists argue that immigration restrictions are unjust and defend broadly open borders. In this paper, I examine the implications of this view for individual conduct. In particular, I argue that the citizens of states that enforce unjust immigration restrictions have duties to disobey certain immigration laws. States conscript their citizens to help enforce immigration law by imposing legal duties on these citizens to monitor, report, and refrain from interacting with unauthorized migrants. If an ideal of open borders (...) is true, these laws are unjust. Furthermore, if citizens comply with their legal duties, they contribute to violating the rights of migrants. We are obligated to refrain from contributing to rights-violations. So, citizens are obligated to disobey immigration laws. I defend the moral requirement to disobey immigration laws against the objection that disobedience to the law is excessively risky and the objection that citizens have political obligations to obey the law. (shrink)

Is there is a moral obligation to militarily intervene in another state to stop a genocide from happening (if this can be done with proportionate force)? My answer is that under exceptional circumstances a state or even a non-state actor might have a duty to stop a genocide (for example if these actors have promised to do so), but under most circumstances there is no such obligation. To wit, “humanity,” states, collectives, and individuals do not have an obligation to (...) make such promises in the first place or to create institutions that would impose a legal obligation of intervention upon them. Nor do states or persons or humanity “collectively” have – originally, without specifically creating such duties by contracts or promises – any pro tanto or special duties to save strangers at considerable cost to themselves or their own citizens (including their soldiers). That is, these costs do not merely override a duty to intervene, but rather there is no such duty to begin with – as shown by the fact that in such cases of non-intervention agents would not owe those they let die any compensation: if I do not save someone’s life because saving him would have cost me my arm or would have come with a high risk of losing my own life or would have forced me to kill innocent bystanders, I do not owe this person compensation. Thus the point of this chapter is that there is no “natural” or “general” or “original” duty to militarily intervene (or to create a legal obligation) to stop a genocide. I will consider and refute a number of arguments to the contrary, for example by Lango, Tan, and Pattison. (shrink)

Recent events have revived questions about the circumstances that ought to trigger therapists' duty to warn or protect. There is extensive interstate variation in duty to warn or protect statutes enacted and rulings made in the wake of the California Tarasoff ruling. These duties may be codified in legislative statutes, established in common law through court rulings, or remain unspecified. Furthermore, the duty to warn or protect is not only variable between states but also has been dynamic (...) across time. In this article, we review the implications of this variability and dynamism, focusing on three sets of questions: first, what legal and ethics-related challenges do therapists in each of the three broad categories of states (states that mandate therapists to warn or protect, states that permit therapists to breach confidentiality for warnings but have no mandate, and states that give no guidance) face in handling threats of violence? Second, what training do therapists and other professionals involved in handling violent threats receive, and is this training adequate for the task that these professionals are charged with? Third, how have recent court cases changed the scope of the duty? We conclude by pointing to gaps in the empirical and conceptual scholarship surrounding the duty to warn or protect. (shrink)

According to a prominent argument, citizens in unjust societies have a duty to resist injustice. The moral and political principles that ground the duty to obey the law in just or nearly just conditions, also ground the duty to resist in unjust conditions. This argument is often applied to a variety of unjust conditions. In this essay, I critically examine this argument, focusing on conditions involving institutionally entrenched and socially normalised injustice. In such conditions, the issue of (...) citizens’ duties to resist is complicated. I conclude by considering how my discussions may clarify a contemporary problem about engaging in resistance to aid potential migrants who have been turned away by states in accordance with widely accepted rules. (shrink)

Rule-consequentialists tend to argue for their normative theory by claiming that their view matches our moral convictions just as well as a pluralist set of Rossian duties. As an additional advantage, rule-consequentialism offers a unifying justification for these duties. I challenge the first part of the ruleconsequentialist argument and show that Rossian duties match our moral convictions better than the rule-consequentialist principles. I ask the rule-consequentialists a simple question. In the case that circumstances change, is the wrongness of acts determined (...) by the ideal principles for the earlier circumstances or by the ideal ones for the new circumstances? I argue that whichever answer the rule-consequentialists give the view leads to normative conclusions that conflict with our moral intuitions. Because some set of Rossian duties can avoid similar problems, rule-consequentialism fails in the reflective equilibrium test advocated by the rule-consequentialists. (shrink)

H.-J. Glock has made important contributions to discussions of rationality, reasons, and rules. This chapter addresses four conceptions of rationality that Glock identifies. One of these conceptions of rationality is that rationality consists in responsiveness to reasons. This chapter goes on to consider the idea that reasons became prominent in normative ethics because of their usefulness in articulating moral pluralism. The final section of the chapter connects reasons and rules and contends that both are ineliminable.

Photo by Jonathan Ford on Unsplash ABSTRACT Since 2008, an average of twenty million people per year have been displaced by weather events. Climate migration creates a special setting for a duty to rescue. A duty to rescue is a moral rather than legal duty and imposes on a bystander to take an active role in preventing serious harm to someone else. This paper analyzes the idea of expanding a duty to rescue to climate migration. We (...) address who should have the duty and to whom the duty should extend. The paper discusses ways to define and apply the duty to rescue as well as its limitations, arguing that it may take the form of an ethical duty to prepare. (shrink)

Over 60% of all epidemics have a zoonotic origin, that is, they result from the transmission of infectious diseases from animals to humans. The spill-over of diseases often happens because humans exploit and use animals. In this article, I outline the four most common interfaces that favour the emergence and spread of zoonotic infectious diseases: wildlife hunting, small-scale farming, industrialised farming practices and live animal markets. I analyse which practices serve human food security – and thus have a non-trivial purpose (...) – and which predominantly have an economic purpose or serve as a symbol of wealth. I conclude that many practices that increase the risk for zoonotic infectious disease outbreaks actually do not contribute to the survival and food security of humans. I make two arguments in turn. First, I argue that in cases where the consumption and use of animal products does not contribute to the food security of a population, then this population has a duty to abstain from them, since they impose a grave and avoidable risk to themselves as well as to innocent third-parties. However, some communities must sometimes rely on practices that increase the risk of emergence and transmission of zoonotic infectious diseases, because they have no healthy alternatives. That is, the food security of the local population depends on the consumption and use of risky animal products. The second argument I advance is that, in such scenarios, the international community has a duty to provide the communities concerned with alternative food options, as well as economic and educational opportunities and technologies, in order to reduce the spill-over risk of infectious diseases. Given that abstention from such practices contributes signifcantly to the public good and benefits the international community, the latter has a corresponding duty to provide local communities which abandon such practices with alternatives. (shrink)

Lachlan Umbers defends democracy against Jason’s Brennan’s competence objection, by showing that voting even incompetently does not violate the rights of others, as the risk imposed is negligible, and furthermore lower than other permissible actions, e.g. driving. I show there are costs in taking this line of argument. Accepting it would make arguing for the duty to vote more difficult in two ways: since voting incompetently is permissible, and not voting imposes less risk than not voting, then not voting (...) is permissible; in terms of fairness, voting incompetently is worse than not voting, if voting incompetently is permissible, then there cannot be a fairness-based duty to vote. (shrink)

This provocative study presents philological, philosophical, and historical arguments that with the Greek term καθῆκον and its Latin equivalent officium the ancient Stoics invented a new concept that anticipated the modern notion of moral duty, for example, Pflicht in Kant. Scholars began to shift from translating kathēkon as "duty" to translating it as "appropriate or fitting action" in the late 1800s, according to Visnjic. The usage of the verb kathēkein in Greek literature prior to the Stoics suggests to (...) him that it described something prescribed by law, tradition, or decree. Visnjic argues that the Stoics did not conceive of kathekonta as rules of conduct but as prescriptions specific to situations. They held that there are some universal duties, like believing in the gods, believing that the gods are benevolent guardians of humanity, and being a good person, but that such duties offer no concrete, practical guidance for determining how to act. The most innovative contribution of this work is the collection and collation of pieces of practical advice scattered throughout extant sources to devise a four-stage process of deliberation. The two chapters on Kant seem comparatively cursory. On the whole, this book, at times daringly inventive, is occasionally unapologetically speculative. (shrink)

This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...) find that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s compliance with the law: (i) their belief that they have a (content-independent, moral) duty to obey the law (which is one element of legitimacy, as defined here); and (ii) their moral assessment of the content of specific legal requirements (‘perceived moral content of laws’). We also observe an interactive relationship between these two factors. At higher levels of perceived moral content of laws, felt duty to obey is a better predictor of compliance. And, similarly, perceived moral content of laws is a better predictor of compliance at higher levels of felt duty to obey. This suggests that the moral content incorporated in specific laws interacts with the normative force people ascribe to legal authorities by virtue of other qualities, specifically here procedural justice and lawfulness. In Section 3, the focus shifts to a philosophical analysis, whereby we identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. We advocate a distinctive alternative to two rival approaches in jurisprudential discourse, the first of which claims that Lon Fuller’s eight precepts of legality embody moral qualities not contingent on the law’s content, while the second denies any independent moral value in these eight precepts, viewing them as entirely subservient to the law’s substantive goals. In contrast, on the view put forward here, Fuller’s principles possess (inter alia) an expressive moral quality, but their expressive effect does not materialise in isolation from other, contextual factors. In particular, the extent to which it materialises is partly sensitive to the moral quality of the law’s content. (shrink)

A powerful objection against moral conventionalism says that it gives the wrong reasons for individual rights and duties. The reason why I must not break my promise to you, for example, should lie in the damage to you—rather than to the practice of promising or to all other participants in that practice. Common targets of this objection include the theories of Hobbes, Gauthier, Hooker, Binmore, and Rawls. I argue that the conventionalism of these theories is superficial; genuinely conventionalist theories are (...) not vulnerable to the objection; and genuine moral conventionalism is independently plausible. (shrink)

Pufendorf makes a clear distinction between the physical constitution of human beings and their value as human beings, stressing that the latter is justified exclusively by the regular use of the free will. According to Pufendorf, the regular use of free will requires certain inventions (divine as well as human) imposed on the free will and called moral entities. He claims that these inventions determine the moral quality of a human being as well as the standards according to which human (...) beings and their actions are able to be judged. This article examines the normative aspects of Pufendorf’s concepts of moral value and moral estimation in regard to the epistemological question of the accessibility of moral entities for human beings. In the first part, it reconstructs Pufendorf’s doctrine of moral entities and the place of moral estimation in this doctrine. In the second part, it presents Pufendorf’s account of the moral philosophy as a science in order to explain his theory of moral normativity as imposed, and the role of a person in regard to the own moral status. In the last part, it illustrates some consequences in regard to the problem of slavery in Pufendorf. (shrink)

Under a policy first enacted in 1988 and expanded in 1996, federally funded public housing authorities (“PHAs”) and private landlords renting their properties to tenants receiving federal housing assistance have been required to include a provision in all leases under which drug-related criminal activity as well as criminal activity that in any way poses a threat to other tenants or nearby residents constitutes ground for initiating eviction proceedings. This strict liability eviction policy, which has become known as the “One-Strike Rule,” (...) was part of a broader congressional effort to combat the “reign of terror” that Congress believed drug dealers were imposing on public housing and assisted housing tenants. Like many of the crime-related policies enacted in the 1980s and 1990s, the One-Strike Rule has done little to reduce crime rates, but has been wildly successful in ensuring that the situation of poor households receiving federal assistance remains highly precarious. Calls for reform of the One-Strike Rule are almost as old as the policy itself, but given the political outlook of the current administration, the prospects for reform at the federal level are dim. While federal law and a combination of gridlock and unwillingness in the congressional and executive branches foreclose a range of possible strategies for reform, there is nonetheless room to mitigate the socially corrosive effects of the One-Strike Rule through legislative efforts at the state and local level. Courts in various jurisdictions have upheld state laws that protect vulnerable tenants despite the federal strict liability policy, and these holdings help to provide a framework for how state and local governments seeking to protect tenants can do so without their efforts necessarily falling prey to the Supremacy Clause. This article describes that framework and proposes three concrete measures that fit it. The article is structured as follows: after explaining the One-Strike Rule and the threat it poses to vulnerable tenants (Section II), the article discusses the burden the Rule imposes on tenants and the benefits it is supposed to bring to other parties, and argues that the resulting distribution of burdens and benefits is unjust (Section III). The article then lays out three concrete measures that state and local governments can enact to protect tenants who face eviction for criminal activity under the Rule without falling prey to a federal preemption challenge: requiring “good cause” for eviction, giving tenants the right to cure a breach of their lease, and providing tenants with free counsel in landlord-tenant court (Section IV). (shrink)

In his paper “Fairness, Political Obligation, and the Justificatory Gap” (published in the Journal of Moral Philosophy), Jiafeng Zhu argues that the principle of fair play cannot require submission to the rules of a cooperative scheme, and that when such submission is required, the requirement is grounded in consent. I propose a better argument for the claim that fair play requires submission to the rules than the one Zhu considers. I also argue that Zhu’s attribution of consent to (...) people commonly thought to be bound to follow the rules by a duty of fair play is implausible. (shrink)

The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the USA and elsewhere, (...) it is surprising that law makers internationally have come to a standstill to protect our silicon brainchildren. In this essay, it will be assumed that future artificial entities, such as Sophia the Robot, will be granted citizenship on an international scale. With this assumption, an analysis of rights will be made with respect to the needs of a non-biological intelligence possessing legal and civic duties akin to those possessed by humanity today. This essay does not present a full set of rights for artificial intelligence—instead, it aims to provide international jurisprudence evidence aliunde ab extra de lege lata for any future measures made to protect non-biological intelligence. (shrink)

Theories of practical rationality say when it is rational to form and fulfill intentions to do actions. David Gauthier says the correct theory would be the one our obeying would best advance the aim of rationality, something Humeans take to be the satisfaction of one’s desires. I use this test to evaluate the received theory and Gauthier’s 1984 and 1994 theories. I find problems with the theories and then offer a theory superior by Gauthier’s test and immune to the problems. (...) On this theory, it is rational to treat something different as the aim when doing so would advance the original aim. I argue that the idea that this would be irrational bad faith entails contradictions and so is false, as must be theories saying that rationally we must always treat as the aim the bringing about of objectively good states of affairs or obeying a universalizable moral code. (Note: the published version differs somewhat from the version on the website of the Center for Ethics and the Rule of Law; please quote from the published version.). (shrink)

It is unclear that United States schools are doing sufficient work to identify and protect the interests of their LGB students this analysis, we rely on certain public-health research in social epidemiology to show that discrimination against LGB adolescents imposes morally significant harms to both adolescents and community. We apply "trust” and “social capital” to educational standards and practices as foundations for educational practices that work toward full equality of LGB students in regard to opportunity and other primary social goods.

A simple solution to the problem of time is proposed by postulating that if the Universe is time-like, stationary, and bounded then it could be divided into static temporal gradations or contours. Hence, an energy diffusion flux (EDF) equation was established from which the Planck and the Hubble times have been derived. It is then found that time is unimportant after applying Gauss's Law on EDF when looking for a characteristic length of the Universe א. An uncertainty rule was also (...) found that may limit our simultaneous information between the scope of looking into space and the masses that it comprises. The paper concludes that if the Universe was in a stationary state and bounded, then, it did not begin to exist when compared to a vast and, probably, timeless Background. It appears to begin to exist because the information is largely mediated by optics. Thus, time is more epistemological in nature rather than ontological because of the limit that light imposes against instantaneous access to information. For this reason, the beginninglessness of the Universe should not preclude one from saying that the Universe does have a cause. (shrink)

Various disciplines and area studies might benefit from this investigation, aside from the obvious Central Asian and Soviet studies. The artificial separation of "areas" and disciplines, that have not existed during the evolution of the subject matter, cannot yield complete understanding. Given the restrictions imposed by the Soviet censorship and bureaucracies who control collections of materials and published works, documentation is not exhaustive. It is anticipated that subsequent research shall unearth additional information. Therefore, the temptation to hold back and wait (...) for such new discoveries is immense. (shrink)

Anscombe is usually seen as a critic of “Modern Moral Philosophy.” I attempt a systematic reconstruction and a defense of Anscombe’s positive theory. Anscombe’s metaethics is a hybrid of social constructivism and Aristotelian naturalism. Her three main claims are the following: (1) We cannot trace all duties back to one moral principle; there is more than one source of normativity. (2) Whether I have a certain duty will often be determined by the social practices of my community. For instance, (...) duties imposed by other people’s rights are socially constructed. (3) Whether something constitutes a good, however, will often be determined by human nature—which is not socially constructed. (shrink)

There are often public calls to codify moral sentiments after failures to help others, and recent tragedies have renewed interest in one’s legal duty to aid another. This Article examines the moral underpinnings and legitimacy of so-called “Bad Samaritan” laws—laws that criminalize failures to aid others in emergency situations. Part I examines the theoretical backdrop of duties imposed by Bad Samaritan laws, including their relationship with various moral duties to aid. This leads to the analysis in Part II, which (...) examines two related questions that are raised when moving from moral to legal duties: First, on what ground does the state have the authority to dictate that one’s needs should be met in the way specified by a particular legal duty? Second, does a special relationship exist that legitimizes the establishment of such legal duties? (shrink)

John Rawls claims that public reasoning is the reasoning of ‘equal citizens who as a corporate body impose rules on one another backed by sanctions of state power’. Drawing on an amended version of Michael Bratman’s theory of shared intentions, I flesh out this claim by developing the ‘civic people’ account of public reason. Citizens realize ‘full’ political autonomy as members of a civic people. Full political autonomy, though, cannot be realised by citizens in societies governed by a ‘constrained (...) proceduralist’ account of democratic self-government, or the ‘convergence’ account of public justification formulated recently by Gerald Gaus and Kevin Vallier. (shrink)

Today, many armed forces consider teaching virtues to be an important complement to imposing rules and codes from above. Yet, it is mainly established military virtues such as courage and loyalty that dominate both the lists of virtues and values of most militaries and the growing body of literature on military virtues. Some of these virtues, however, may be less suited for today’s missions, which more often than not require restraint on the part of military personnel. This chapter (...) looks into military ethics education from the perspective of military virtues and addresses the question of what we need to solve the aforementioned misalignment: a new set of virtues, a different interpretation of the existing virtues, or something else altogether? (shrink)

The normativity of meaning—introduced by Kripke in 1982, and the subject of active debate since the early 1990s—has been exclusively understood in terms of duty-imposing norms. But there are norms of another type, well-known within the philosophy of law: authority-conferring norms. Philosophers thinking and writing about the normativity of meaning—normativists, anti-normativists, and even Kripke himself—seem to have failed to consider the possibility that semantic norms are authority-conferring. I argue that semantic norms should be understood as having an authority-conferring (...) structure, and show how this allows normativism about meaning to escape the two most popular arguments against it. (shrink)

One of the most significant challenges facing global egalitarian theorists is the motivational gap: there is a noted gap between the duties imposed by a global commitment to the equal moral worth of all people and the willingness of the wealthy to carry out these duties. For Pablo Gilabert, the apparent absence of motivation to act justly on a global scale presses us to consider the importance of feasibility in developing a persuasive account of global justice, part of which requires (...) being attentive to what motivates us to act in support of global egalitarianism. In this article, I am critical of Gilabert’s account of the role that relationships between individuals play in conceiving our global justice duties. I begin with an account of some confusion in Gilabert’s account of the actual costs likely to be imposed on citizens of wealthy states as a result of the duties he demands of us and why it is important to resolve that confusion. I will then consider, and critique, Gilabert’s account of special responsibilities. I shall argue that, fundamentally, there is an ineliminable tension between the special responsibilities individuals legitimately possess and the duties they have to eradicate global poverty. (shrink)

In the Third Antinomy of the Critique of Pure Reason (1781) [Kritik der reinen Vernunft], Immanuel Kant (1724-1804) associates freedom with infinity. According to the definition given in this book, only an infinite being not subject to causality can be defined as free. However, the fact that a finite being, such as a human, is always subject to the laws of nature implies that they are perpetually bound by causality, which hinders their freedom. Freedom devoid of causality cannot be theoretically (...) justified. Another reason for this is Kant’s assertion in the Second Analogy of Critique of Pure Reason, where he states that everything in the phenomenal world is subject to causality. Accordingly, freedom can be conceived not in the phenomenal world but only in the noumenal world. In the First Critique, freedom, defined as a cause without a cause, a cause without being the result of another cause, later be characterized as negative freedom in the third section of the Groundwork of the Metaphysics of Morals (1785) [Grundlegung zur Metaphysik der Sitten]. Such conceptualization of freedom cannot be determined by any other cause than itself. While there may be a theoretical foundation for accepting such a cause as uncaused, we have moral reasons to believe in it. This moral foundation in question guides us toward the notion of positive freedom. Here, unlike negative freedom, we are subject to moral laws, and as long as we comply with these, we can experience freedom as a finite being. This is because adhering to the laws we set for ourselves enables us to be morally the cause of our own actions. Thus, Kant renders freedom through positive freedom. Following this line of argument, negative freedom appears meaningful to us only within the framework of positive freedom. Jean-Luc Nancy (1940-2021) finds a problematic Kantian account of freedom as an uncaused cause in his book The Experience of Freedom (1988) [L’expérience de la liberté]. Because, according to this perspective, humans are not only subject to the laws of nature but also to moral cause-and-effect relationships with others, they exist at the ix limit of freedom. By this means, considering freedom as a duty imposed on the subject leads to ambiguous analyses such as negative/positive freedom in Kantian philosophyーIn post-Kantian philosophy, the ambiguity persists until Friedrich Wilhelm Joseph Schelling (1775-1854)1 , who finds the solution by negating freedom. Therefore, according to Nancy, freedom should be considered not as a Kantian Idea but through its relationship with human finitude and experience. Thus, through the criticism directed at Kant in Martin Heidegger’s (1889-1976) Kant and the Problem of Metaphysics (1929) [Kant und das Problem der Metaphysik], Nancy attempts to resolve the confusion created by the concept of freedom, which despite being associated with infinity in Kant, is made possible in the practical world through respect for the moral law. In this direction, Nancy finds the solution in the freedom that becomes conceptually elusive, transforming it into an act that goes beyond being a mere duty and which permeates all our experiences. In this book, Nancy introduces the initial stages of “community” and “singularity” concepts, which he would later develop further. For this, he begins the book's introductory section by emphasizing Martin Heidegger’s statement in §9 of Being and Time (1927) [Sein und Zeit], where “freedom” is mentioned as another name for existence. As a justification, he refers to the concept of Da-sein [being-there] and states that every being [être] is a being-in-common [être-en-commun], and freedom should be thought of through this. Namely, the problem of freedom is approached not as a political or ethical issue but as an ontological matter. Within the framework of beingin-common, this situation transforms into an ontological “generosity [générosité ontologique].” -/- 1 Philosophical Investigations into the Essence of Human Freedom [Philosophische Untersuchungen über das Wesen der menschlichen Freiheit und die damit zusammenhängenden Gegenstände], Schelling, approaches freedom not through infinity but rather through finitude. While Heidegger and Nancy pursue different paths, they both adhere to the idea of finitude freedom in Schelling. x Despite primarily emphasizing Heidegger’s thought in writing this text as his aggrégation thesis, Jean-Luc Nancy desires to transcend it and maintain a certain distance. This transcendence and distancing include authors from the French Phenomenological tradition, such as Georges Bataille (1897-1962), Maurice Blanchot (1907-2003), and Jean-François Lyotard (1924-1998), and also incorporate the emphasis from Hannah Arendt (1906-1975) that death cannot be thought of independently of life. Referencing many philosophers from the continental philosophy tradition and developing a thematic reading through freedom, this bookーlike Nancy’s other worksーseeks ways to experience philosophy and thought freely in this own writing experience. So much so that this book, unlike Nancy’s other works like The Inoperative Community (1986) [La communauté désoeuvrée] ve Being Singular Plural (1996) [Être Singulier Pluriel], which is not widely discussed in secondary sources, is challenging to follow. Therefore, in examining this book as my Master’s research thesis and addressing the idea of freedom in Nancy, I found it appropriate to adopt a close reading method. Certainly, this research should not be considered independent of works such as The Discourse of Syncope (1976) [Le discours de la syncope], The Categorical Imperative (1983) [L’impératif catégorique], as they serve as examples of while engaging in philosophy, how Nancy refers and relates to the works within the philosophical tradition. (shrink)

Though the duties of care owed toward innocents in war and in civil life are at the bottom univocally determined by the same ethical principles, Bazargan-Forward argues that those very principles will yield in these two contexts different “in-practice” duties. Furthermore, the duty of care we owe toward our own innocents is less stringent than the duty of care we owe toward foreign innocents in war. This is because risks associated with civil life but not war (a) often (...) increase the expected welfare of the individuals upon whom the risk is imposed, (b) are often imposed with consent, and (c) are often imposed reciprocally. The conclusion—that we have a pro tanto reason for adopting a more stringent standard of risk imposition toward foreign innocents in war—has implications for not only what standards of risk we should adopt in war, but also how we should weigh domestic versus foreign civilian lives. (shrink)

David Rodin denies that defensive wars against unjust aggression can be justified if the unjust aggression limits itself, for example, to the annexation of territory, the robbery of resources or the restriction of political freedom, but would endanger the lives, bodily integrity or freedom from slavery of the citizens only if the unjustly attacked state actually resisted the aggression. I will argue that Rodin's position is not correct. First, Rodin's comments on the necessity condition and its relation to an alleged (...) "duty to retreat" misinterpret the law, and a correct interpretation of the law is not only compatible with, but implies a permission to resist the "bloodless invader," and this is also the correct view from the perspective of morality. Second, Rodin's remarks on the proportionality of self-defense against conditional threats focus on physical or material harm but implausibly ignore the severity of the violations of autonomy and of the socio-legal or moral order that such conditional threats involve. Third, I will address Rodin's claim that defensive wars against "political aggression" are disproportionate because they risk the lives of those defended in an attempt to secure lesser interests. I will argue that this take on proportionality misses the point in an important respect, namely by confusing wide and narrow proportionality, and makes unwarranted assumptions about the alleged irrationality or impermissibility of incurring or imposing lethal risks to safeguard less vital interests. Next, I will also show that while Rodin talks of a "myth of national self-defense" and of the necessity of moving beyond traditional just war theory and international law, it is actually his interpretation of just war theory and international law that weaves myths. Finally, I will argue that Rodin's views on national self-defense on the one hand, and "war as law enforcement" on the other, are incoherent. (shrink)

Acting morally comes at a price. The fewer people act morally, the dearer moral acts will be to those who perform them. Even if it could be proven that a certain moral norm were valid, the question might still be open whether, under certain circumstances, the demand to follow it meant asking too much. The validity of a moral norm is independent from actual compliance. In that regard, moral norms differ from legal rules. A law that nobody obeys has (...) eroded and thus lost validity; a moral norm that nobody keeps, however, may still be valid. Yet the latter point does not render the question obsolete whether demanding obedience to a specific moral norm, under certain circumstances, could mean asking too much. The costs incurred might be, on the one hand, individual costs. But there may, on the other hand, also be moral costs of obeying a certain moral norm. For an individual might also have responsibilities towards others near her, e.g., her family or peers; acting in accordance with the strict moral standard, then, could do harm not just to her but also to those who rely, and must rely upon her. Yet to define moral limits to following moral rules appears to be self-defeating. (shrink)

Throughout this research, imposing the training of an Artificial Neural Network (ANN) to play tic-tac-toe bored game, by training the ANN to play the tic-tac-toe logic using the set of mathematical combination of the sequences that could be played by the system and using both the Gradient Descent Algorithm explicitly and the Elimination theory rules implicitly. And so on the system should be able to produce imunate amalgamations to solve every state within the game course to make better (...) of results of winnings or getting draw. (shrink)

In recent years there has been an explosion of interest in Artificial Intelligence (AI) both in health care and academic philosophy. This has been due mainly to the rise of effective machine learning and deep learning algorithms, together with increases in data collection and processing power, which have made rapid progress in many areas. However, use of this technology has brought with it philosophical issues and practical problems, in particular, epistemic and ethical. In this paper the authors, with backgrounds in (...) philosophy, maternity care practice and clinical research, draw upon and extend a recent framework for shared decision-making (SDM) that identified a duty of care to the client's knowledge as a necessary condition for SDM. This duty entails the responsibility to acknowledge and overcome epistemic defeaters. This framework is applied to the use of AI in maternity care, in particular, the use of machine learning and deep learning technology to attempt to enhance electronic fetal monitoring (EFM). In doing so, various sub-kinds of epistemic defeater, namely, transparent, opaque, underdetermined, and inherited defeaters are taxonomized and discussed. The authors argue that, although effective current or future AI-enhanced EFM may impose an epistemic obligation on the part of clinicians to rely on such systems' predictions or diagnoses as input to SDM, such obligations may be overridden by inherited defeaters, caused by a form of algorithmic bias. The existence of inherited defeaters implies that the duty of care to the client's knowledge extends to any situation in which a clinician (or anyone else) is involved in producing training data for a system that will be used in SDM. Any future AI must be capable of assessing women individually, taking into account a wide range of factors including women's preferences, to provide a holistic range of evidence for clinical decision-making. (shrink)

Recent years have seen a surge of interest in the question of whether humans should reproduce. Some say human life is too punishing and cruel to impose upon an innocent. Others hold that such harms do not undermine the great and possibly unique value of human life. Tracing these outlooks historically in the debate has barely begun. What might philosophers have said, or what did they say, about human life itself and its value to merit reproduction? This article looks to (...) Kant, who wrote much on whether, by reproducing, humans do wrong or right morally. It assesses two main arguments: one examining whether perfect or imperfect duties condone reproduction, the other whether Kant’s teleological or, in the opposite sense, his eschatological outlooks can salvage reproduction. These two arguments are essential for building the entire argument. This article finds that, although Kant’s arguments against reproducing are strong, some of his writing seems to support reproduction as a good. Yet, must we must assume an author, even one who strove for systematicity, must be consistent over his entire oeuvre on every issue, especially if not handled directly in a single work? The article concludes that Kant does not sufficiently, systematically support anti-natalism as more moral than pro-natalism. It is best for the current debate to grapple with the very dilemma that daunted Kant. (shrink)

There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...) the rule of law seems expendable—began many years after 9/11 and continues to this day. One way to describe this book is an examination of the moral limits on modern police practices that flow from the basic legal and political tenets of the liberal tradition. The central argument is that policing in liberal states is constrained by a liberal conception of persons coupled with particular rule of law principles. Part I consists of three chapters that constitute the book’s theoretical foundation, including an overview of the police’s law enforcement role in the liberal polity and a methodology for evaluating that role. Part II consists of three chapters that address applications of the theory, including the police’s use of informants, deceptive operations, and surveillance. The upshot is that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. The book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism and the limits imposed by those tenets. [This is an uncorrected draft of the book's preface and introduction, forthcoming from Oxford University Press.]. (shrink)

From the end of the twelfth century until the middle of the eighteenth century, the concept of a right of necessity –i.e. the moral prerogative of an agent, given certain conditions, to use or take someone else’s property in order to get out of his plight– was common among moral and political philosophers, who took it to be a valid exception to the standard moral and legal rules. In this essay, I analyze Samuel Pufendorf’s account of such a right, (...) founded on the basic instinct of self-preservation and on the notion that, in civil society, we have certain minimal duties of humanity towards each other. I review Pufendorf’s secularized account of natural law, his conception of the civil state, and the function of private property. I then turn to his criticism of Grotius’s understanding of the right of necessity as a retreat to the pre-civil right of common use, and defend his account against some recent criticisms. Finally, I examine the conditions deemed necessary and jointly sufficient for this right to be claimable, and conclude by pointing to the main strengths of this account. Keywords: Samuel Pufendorf, Hugo Grotius, right of necessity, duty of humanity, private property. (shrink)

In this essay, I argue that Valéry's poetic reflections offer valuable insights on the ancient (Aristotelian) ideal of beauty as perfection, which he rehabilitates and updates. I also show that these clarifications provide solutions to enduring aesthetic problems. To do this, I start from the modal vocabulary (necessary, possible, arbitrary) Valéry uses each time he wants to describe the relationship of an author to his composition. He therefore seems to have been deeply fascinated by the tension between the fact that (...) a creator is always free to compose what he wants, and the fact that the same creator wants his work or parts of it to be imposed on him, while he is in the midst of his creative process. Here comes into play the ideal in question, since the perfection of a work implies, among other things, that one cannot want to modify this work for the better (being already perfect). After a detour aiming to introduce the importance of the rules of composition and to refute the idea that this ideal would no longer have any relevance in a modern artistic perspective, I detail what could be called the "aesthetic holism" of Valéry, which retains from a work only its formal dimension, considered in an original way as a formal whole composed of other formal parts. It is therefore above all a form that must be perfected, against possible relative deprivations (lacks or defects). Then, I link (with the help of Wittgenstein) the modal vocabulary to this notion of form which, by posing compositional challenges, turns out to be essential to the understanding of beauty as perfection. -/- Dans cet essai, je soutiens que les réflexions poétiques de Valéry offrent des éclaircissements particulièrement précieux sur l’idéal ancien (Aristotélicien) de beauté comme perfection, qu’il réhabilite et réactualise. Je défends également l’idée que ces éclaircissements peuvent nous mettre sur la voie de solutions à des problèmes endurants de l’esthétique. Pour ce faire, je pars de l’usage remarquable que Valéry fait d’un vocabulaire modal (nécessaire, possible, arbitraire) chaque fois qu’il veut décrire de quelle manière un auteur se rapporte à sa composition. Il apparaît ainsi que ce qui a profondément fasciné Valéry, c’est le dilemme ou la tension selon laquelle tout en étant libre de composer comme il l’entend (en laissant libre cours à sa fantaisie), un créateur aspire néanmoins à ce que son œuvre ou les parties de cette dernière s’imposent à lui, pendant qu’il crée. Ici entre en jeu l’idéal en question, car la perfection d’une œuvre implique entre autre chose que nous ne puissions vouloir modifier cette œuvre pour le mieux (celle-ci étant justement déjà parfaite). Après un détour visant à introduire l’importance des règles de composition et à réfuter l’idée que cet idéal n’aurait plus de pertinence dans une perspective artistique moderne, je détaille ce que l’on pourrait appeler le « holisme esthétique » de Valéry, qui ne retient de la composition d’une œuvre que sa dimension formelle, envisagée de manière originale comme une totalité faite d’autres parties formelles. C’est donc avant toute chose une forme qu’il faut parfaire, contre d’éventuelles privations relatives (manques ou défauts). Il s’agit alors de connecter (à l’aide de Wittgenstein) ce vocabulaire modale à cette notion de forme qui, en posant des enjeux de composition, se révèle indispensable à la compréhension de la beauté comme perfection. Après une défense à contretemps des traditions formelles dans la création (puisque ce sont de telles traditions qui constituent les ressources par lesquelles un individu libre et autonome peut vouloir, non seulement se faire l’héritier de ces traditions, mais aussi se montrer original et innovant), je termine en appliquant les idées de Valéry au débat qui a opposé un camp « généraliste » à un camp « particulariste » en matière de raisons esthétiques. (shrink)

Acting morally comes at a price. The fewer people act morally, the dearer moral acts will be to those who perform them. Even if it could be proven that a certain moral norm were valid, the question might still be open whether, under certain circumstances, the demand to follow it meant asking too much. The validity of a moral norm is independent from actual compliance. In that regard, moral norms differ from legal rules. A law that nobody obeys has (...) eroded and thus lost validity; a moral norm that nobody keeps, however, may still be valid. Yet the latter point does not render the question obsolete whether demanding obedience to a specific moral norm, under certain circumstances, could mean asking too much. The costs incurred might be, on the one hand, individual costs. But there may, on the other hand, also be moral costs of obeying a certain moral norm. For an individual might also have responsibilities towards others near her, e.g., her family or peers; acting in accordance with the strict moral standard, then, could do harm not just to her but also to those who rely, and must rely upon her. Yet to define moral limits to following moral rules appears to be self-defeating. (shrink)

Robert Brandom has developed an account of conceptual content as instituted by social practices. Such practices are understood as being implicitly normative. Brandom proposed the idea of implicit norms in order to meet some requirements imposed by Wittgenstein’s remarks on rule-following: escaping the regress of rules on the one hand, and avoiding mere regular behavior on the other. Anandi Hattiangadi has criticized this account as failing to meet such requirements. In what follows, I try to show how the correct (...) understanding of sanctions and the expressivist reading of the issue can meet these challenges. (shrink)

Were governments justified in imposing lockdowns to contain the spread of the COVID-19 pandemic? We argue that a convincing answer to this question is to date wanting, by critically analyzing the factual basis of a recent paper, “How Government Leaders Violated Their Epistemic Duties During the SARS-CoV-2 Crisis” (Winsberg et al. 2020). In their paper, Winsberg et al. argue that government leaders did not, at the beginning of the pandemic, meet the epistemic requirements necessitated to impose lockdowns. We focus (...) on Winsberg et al.’s contentions that knowledge about COVID-19 resultant projections were inadequate; that epidemiologists were biased in their estimates of relevant figures; that there was insufficient evidence supporting the efficacy of lockdowns; and that lockdowns cause more harm than good. We argue that none of these claims are sufficiently supported by evidence, thus impairing their case against lockdowns, and leaving open the question of whether lockdowns were justified. (shrink)