In a recent article, Jack Mulder, Jr., gives a Plantinga-style defense of the Virgin Mary’s free consent to bear Jesus at the Annunciation. Against Mulder, I argue that a theodicy (rather than a defense) is necessary to undermine my arguments, that Mulder’s Catholic appeal to Mary’s Immaculate Conception amounts to a kind of freedom-undermining metaphysical grooming, and therefore Marian consent remains invalid.

It is possible to construct situations (with a suitable kind of setting) in which one speaker utters ‘This is tasty’ and another speaker responds with ‘That’s not true’. The aim of this paper is to motivate the idea that typical (broadly) expressivist accounts of taste disagreements are not in a position to explain such situations (although some of them can successfully explain disagreements in which another kind of dissent phrase—like ‘Nuh-uh’—is employed). This is because utterances of ‘That’s not true’ are (...) typically used to ascribe falsehood to propositions. Taste expressivism has it, however, that when one utters ‘This is tasty’, one typically manifests her evaluative attitude (which is non-propositional) toward something rather than describes what attitude she bears toward the thing. Another aim of the paper consists in proposing an alternative account of taste disagreements. It is close to taste expressivism when it comes to the explanation of disagreements in which speakers respond with ‘Nuh-uh’ to utterances of ‘This is tasty’, but departs from it in situations in which they respond with ‘That’s not true’. The account is developed within a contextualist framework according to which taste utterances express contextually enriched propositions that contain judges who evaluate things as tasty or not. (shrink)

I this paper I give minimal axioms for the ontology of time, especially A-theories and B-theories and I derive philosophically interesting lemmas. The exercise is set-theoretical, defining all notions and indicating assumptions and philosophical points of disagreement, while being easy to translate to other formal expressions . The issue of a logic for A-theories of time is treated towards the end, where I sketch ‘copresent’ operators for capturing the idea of temporal passage. The main conclusion will be that, while circularity (...) threatens both families of theories, the growing block theory (belonging to the A-theory) is the least objectionable philosophically. (shrink)

The PhD thesis advances a new approach to vagueness as dispersion, comparing it with the main philosophical theories of vagueness in the analytic tradition.

The paper aims to weaken a widespread argument against indexical contextualism regarding matters of personal taste. According to indexical contextualism, an utterance of “T is tasty” (where T is an object of taste) expresses the proposition that T is tasty for J (where J is a judge). This argument suggests that indexical contextualism cannot do justice to our disagreement intuitions regarding typical disputes about personal taste because it has to treat conversations in which one speaker utters “T is tasty” and (...) another responds with “T is not tasty” (referred to as ‘judge-non-specific conversations’ in this paper) as being on a par with conversations in which one speaker utters “T is tasty to me” and another responds with “T is not tasty to me” (referred to as ‘judge-specific conversations’). The argument has it that judge-specific conversations, unlike judge-non-specific conversations, do not contain disagreement between speakers. To defend indexical contextualism, some philosophers have proposed accounts (here referred to as ‘dual-proposition theories’) according to which utterances of “T is tasty” are used to communicate both the above kinds of semantically expressed proposition and some other kinds of proposition (like superiority propositions or metalinguistic propositions) that could be used to explain disagreements about taste. The paper defends two claims: First, it is argued that judge-specific conversations, or at least some of them, do contain disagreement between speakers, contrary to what the anti-indexical-contextualist argument supposes. Second, it is argued that dual-proposition indexical-contextualist theories fail to explain judge-specific conversations that are intuitively interpreted as containing disagreement. (shrink)

I aim to develop a tool for comparing theories of vagueness, using Structured Query Language. Relevant SQL snippets will be used throughout.

Cieľom state je navrhnúť systematickú a vyčerpávajúcu klasifikáciu definícií. Táto klasifikácia vychádza z typológie, ktorú vypracoval Richard Robinson vo svojej knihe o definíciách, no v rôznych aspektoch ju ďalej dopracováva. Nová klasifikácia je založená na dvoch kritériách, a to kritériu predmetnosti a kritériu ilokučnej sily. Podľa kritéria predmetnosti možno definovať výrazy, pojmy, resp. objekty ; podľa kritéria ilokučnej sily možno zase rozlíšiť definície, ktoré opisujú existujúci systém, a definície, ktoré transformujú daný systém na nový systém. Napokon sa podľa týchto dvoch (...) kritérií vyhodnocujú niektoré známe druhy definícií. (shrink)

No livro I da Ethica Eudemia, Aristóteles dedica um capítulo a considerações acerca de seu método. No entanto, analisando passagens de outros tratados do autor, é possível concluir que há algo comum que perpassa as diversas considerações acerca de seu método, a saber: que o ponto de partida de toda investigação é dado pelo que é mais cognoscível a nós, e todo o procedimento de investigação visa chegar ao que é mais cognoscível em si mesmo – o conhecimento estrito do (...) objeto, que inclui compreender suas causas. O objetivo deste trabalho é tentar compreender como esse procedimento acontece na investigação moral, que opera no âmbito do discurso e, portanto, das definições. Para isso, pretendemos analisar como acontece a passagem da análise do que é dado na experiência em direção ao conhecimento de suas causas, que é próprio de outros tratados aristotélicos, para a análise das opiniões vagas e imprecisas em direção às definições estritas com as quais a Ethica Eudemia pretende operar. (shrink)

The neo-liberal upsurge of the last twenty years and the neo-liberal case against the welfare state has gained much of its emotional force from a sub-text which is highly gendered. Whereas social liberalism had contained the promise of more autonomy within the private sphere and more caring values in the public sphere, neo-liberalism depicts the results of social liberalism as a loss of self reliance – through ‘over-protection’ by the state in the public sphere and usurpation of male roles in (...) the private sphere. The identification of the welfare state as female (the ‘nanny state’) helps fuel resentment on the part of those already confused by rapidly changing gender roles. This paper tracks the sex change which took place in the image of the liberal state as it evolved out of the night watchman state – the link between the women's suffrage movement and social regulation, maternal principles of distribution and demands for the public organization of caring. It examines the neo-liberal rejection of the breast and neo-liberal claims that the maternal state is incompatible with ‘self-reliance’ and a barrier to competitiveness in the world market. (shrink)

Contextuality and entanglement are valuable resources for quantum computing and quantum information. Bell inequalities are used to certify entanglement; thus, it is important to understand why and how they are violated. Quantum mechanics and behavioural sciences teach us that random variables ‘measuring’ the same content (the answer to the same Yes or No question) may vary, if ‘measured’ jointly with other random variables. Alice’s and Bob’s raw data confirm Einsteinian non-signaling, but setting dependent experimental protocols are used to create samples (...) of coupled pairs of distant ±1 outcomes and to estimate correlations.Marginal expectations, estimated using these final samples, depend on distant settings. Therefore,a system of random variables ‘measured’ in Bell tests is inconsistently connected and it should be analyzed using a Contextuality- by-Default approach, what is done for the first time in this paper.The violation of Bell inequalities and inconsistent connectedness may be explained using a contextual locally causal probabilistic model in which setting dependent variables describing measuring instruments are correctly incorporated. We prove that this model does not restrict experimenters` freedom of choice which is a prerequisite of science. Contextuality seems to be the rule and not an exception; thus, it should be carefully tested. (shrink)

Recent experiments allowed concluding that Bell-type inequalities are indeed violated thus it is important to understand what it means and how can we explain the existence of strong correlations between outcomes of distant measurements. Do we have to announce that: Einstein was wrong, Nature is nonlocal and nonlocal correlations are produced due to the quantum magic and emerge, somehow, from outside space-time? Fortunately such conclusions are unfounded because if supplementary parameters describing measuring instruments are correctly incorporated in a theoretical model (...) then Bell-type inequalities may not be proven .We construct a simple probabilistic model explaining these correlations in a locally causal way. In our model measurement outcomes are neither predetermined nor produced in irreducibly random way. We explain in detail why, contrary to the general belief; an introduction of setting dependent parameters does not restrict experimenters’ freedom of choice. Since the violation of Bell-type inequalities does not allow concluding that Nature is nonlocal and that quantum theory is complete thus the Bohr-Einstein quantum debate may not be closed. The continuation of this debate is not only important for a better understanding of Nature but also for various practical applications of quantum phenomena. (shrink)

Bell-type inequalities are proven using oversimplified probabilistic models and/or counterfactual definiteness (CFD). If setting-dependent variables describing measuring instruments are correctly introduced, none of these inequalities may be proven. In spite of this, a belief in a mysterious quantum nonlocality is not fading. Computer simulations of Bell tests allow people to study the different ways in which the experimental data might have been created. They also allow for the generation of various counterfactual experiments’ outcomes, such as repeated or simultaneous measurements performed (...) in different settings on the same “photon-pair”, and so forth. They allow for the reinforcing or relaxing of CFD compliance and/or for studying the impact of various “photon identification procedures”, mimicking those used in real experiments. Data samples consistent with quantum predictions may be generated by using a specific setting-dependent identification procedure. It reflects the active role of instruments during the measurement process. Each of the setting-dependent data samples are consistent with specific setting-dependent probabilistic models which may not be deduced using non-contextual local realistic or stochastic hidden variables. In this paper, we will be discussing the results of these simulations. Since the data samples are generated in a locally causal way, these simulations provide additional strong arguments for closing the door on quantum nonlocality. (shrink)

Creationism is an ancient worldview that was incorporated into ancient religious doctrines and survived in the western world due to its domination by religious institution such as the Catholic and Protestant Churches. Slowly, with the development of democratic political systems and science, the church lost its power of dominance over intellectual enterprises, and evolution became accepted by the majority as the inherent process in nature. Nevertheless, creationism is still very much alive among various fundamentalist churches and their organizations in the (...) United States. This article discusses the premises of the creationist movement, its varieties, and confronts it with the basic premises, characteristics, and modus operandi of the scientific enterprise. (shrink)

An exploration of the legacy of Michael Servetus to the development of a new type of theological inquiry which ultimately helped lead to the development of critical biblical studies.

Bell-CHSH inequalities are trivial algebraic properties satisfied by each line of an Nx4 spreadsheet containing ±1 entries, thus it is surprising that their violation in some experiments allows us to speculate about the existence of non-local influences in nature and casts doubt on the existence of the objective external physical reality. Such speculations are rooted in incorrect interpretations of quantum mechanics and in a failure of local realistic hidden variable models to reproduce quantum predictions for spin polarization correlation experiments (SPCE). (...) In these models, one uses a counterfactual joint probability distribution of only pairwise measurable random variables (A, A′, B, B′) to prove Bell-CHSH inequalities. In SPCE, Alice and Bob, using 4 incompatible pairs of experimental settings, estimate imperfect correlations between clicks registered by their detectors. Clicks announce the detection of photons and are coded by ±1. Expectations of corresponding random variables—E (AB), E (AB′), E (A′B), and E (A′B′)—are estimated and compared with quantum predictions. These estimates significantly violate CHSH inequalities. Since variables (A, A′) and (B, B′) cannot be measured jointly, neither Nx4 spreadsheets nor a joint probability distribution of (A, A′, B, B′) exist, thus Bell-CHSH inequalities may not be derived. Nevertheless, imperfect correlations between clicks in SPCE may be explained in a locally causal way, if contextual setting-dependent parameters describing measuring instruments are correctly included in the description. The violation of Bell-CHSH inequalities may not therefore justify the existence of a spooky action at the distance, super-determinism, or speculations that an electron can be both here and a meter away at the same time. In this paper we review and rephrase several arguments proving that such conclusions are unfounded. Entangled photon pairs cannot be described as pairs of socks nor as pairs of fair dice producing in each trial perfectly correlated outcomes. Thus, the violation of inequalities confirms only that the measurement outcomes and ‘the fate of photons’ are not predetermined before the experiment is done. It does not allow for doubt regarding the objective existence of atoms, electrons, and other invisible elementary particles which are the building blocks of the visible world around us. (shrink)

Haag’s theorem cries out for explanation and critical assessment: It sounds the alarm that something is (perhaps) not right in one of the standard ways of constructing interacting fields to be used in generating predictions for scattering experiments. Viewpoints as to the precise nature of the problem, the appropriate solution, and subsequently-called-for developments in areas of physics, mathematics, and philosophy differ widely. In this paper, we develop and deploy a conceptual framework for critically assessing these disparate responses to Haag’s theorem. (...) Doing so reveals the driving force of more general questions as to the nature and purpose of foundational work in physics. (shrink)

The Covid-19 virus has affected everyone, and some are still getting better. The changes the pandemic brought about pushed us to use conventional survival methods. It is necessary for both teachers and students to quickly switch to an entirely new method to carry on with their school program This study aims to ascertain the elementary teachers' attitude toward changes and how it mediates the job-related issues that the pandemic brought about, particularly in the mode of delivery of learning during these (...) times, as well as its impact on the coping response that the teachers use to cope up with these changes. To assess the current state of the variable, the research employs a descriptive survey methodology. The study revealed that teacher respondents’ profiles were significantly influenced by the coping response; the data presented that age is the only variable with a significant relationship with the coping response, while between job-related issues and coping strategies, the data show that the distribution/retrieval of modules influences all facets of coping strategy. It is also found that the respondent’s job-related issues significantly correlate with all the attitudes toward change. Most evidently the effect of the authentic assessment and students’ engagement with the teacher’s resistance to these changes in distance learning. This study recommends that school conduct seminars promoting work-life balance as well as administrators assisting teachers when it comes to the use of technology. (shrink)

The precarious rights of senior citizens, especially those who are highly educated and who are expected to counsel and guide the younger generations, has stimulated the creation internationally of advocacy associations and opinion leader groups. The strength of these groups, however, varies from country to country. In some countries, they are supported and are the focus of intense interest; in others, they are practically ignored. For this is reason we believe that the creation of a network of all these associations (...) is essential. The proposed network would act as a support for the already-existing policies of the United Nations’ High Commission for Human Rights, of independent experts, and of the Global Alliance for the Rights of Older People. All three have long ago recommended the creation of a recognized instrument for uniting presently scattered efforts. The proposed network, therefore, will seek to promote the international exchange of relevant expertise, and it will reinforce the commitments and actions that single countries are currently taking to meet these objectives. For example, informative public events can be organised to promote particular support initiatives and to provide an opportunity for new members of the network to be presented. The network will promote health for senior citizens, disease prevention, senior mobility, safe free time for seniors, alimentary education, protection against new risks and dangers, as well as equity in the services necessary for seniors to adopt new information and communication technologies. In the case of retired academic members, the network will promote equality with respect to continuing use of digital technologies (particularly email), continuing access to research libraries, and the guaranteed ability for seniors to fund their own research programs and to deliver free seminars. (shrink)

Parental involvement is one of the primary factors that affect children’s development and individuality. However, its effect on the academic motivation and self-concept of college students is not well understood, especially in the Philippines. The present study used the Ecological systems theory by Bronfenbrenner to investigate the effect of varying parental involvement on the academic motivation and self-concept of college students at Dr. Carlos S. Lanting College. Purposive sampling was used among 198 college students from Dr. Carlos S. Lanting College (...) who were identified using a purposive sampling technique. Statistical instruments including descriptive, correlation, and regression analysis were used to examine the data collected and investigate the link between the variables. Based on the regression analysis, it was found that parental involvement only has a significant relationship with academic motivation and not with self-concept. In conclusion, college students have a sense of independence and their self-concept is not affected by parental involvement; nonetheless, parents providing essential support influence their academic motivation. -/- . (shrink)

In this wide-ranging interview with three members of the Department of Philosophy at the University of Sao Paolo (Brazil) Wylie explains how she came to work on philosophical issues raised in and by archaeology, describes the contextualist challenges to ‘received view’ models of confirmation and explanation in archaeology that inform her work on the status of evidence and contextual ideals of objectivity, and discusses the role of non-cognitive values in science. She also is pressed to explain what’s feminist about feminist (...) research and in that connection outlines her account of feminist standpoint theory and the relevance of feminist analysis to science. (shrink)

Socioeconomic status refers to the family's social and economic standing in society. It is measured by combining an individual or group's economic and social position, which is often based on income, education, and occupation. It significantly affects academic performance and even one's health status. The pandemic changed the educational system, causing a huge transition from traditional learning methods to online learning. This shift resulted in confusion, burden, and difficulty among students from different walks of life. This study was conducted to (...) determine the academic stress on online learning among nursing students in relation to their economic status and their ability to access technology. The study utilized a quantitative-correlational method aided by a standard questionnaire. Two hundred thirty-six University of Bohol nursing students enrolled in the second semester of SY 2021–2022 were included in the study by random selection. Data revealed a significant correlation between economic status and the level of stress related to academic expectations and a significant correlation between economic status and access to technology after being subjected to the Spearman rho test of correlation. However, no significant correlation was found between access to technology and the respondents' level of academic stress. (shrink)

Over the last few decades, multiple studies have examined the understanding of participants in clinical research. They show variable and often poor understanding of key elements of disclosure, such as expected risks and the experimental nature of treatments. Did the participants in these studies give valid consent? According to the standard view of informed consent they did not. The standard view holds that the recipient of consent has a duty to disclose certain information to the profferer of (...) consent because valid consent requires that information to be understood. The contents of the understanding and disclosure requirements are therefore conceptually linked. In this paper, we argue that the standard view is mistaken. The disclosure and understanding requirements have distinct grounds tied to two different ways in which a token of consent can be rendered invalid. Analysis of these grounds allows us to derive the contents of the two requirements. It also implies that it is sometimes permissible to enroll willing participants who have not understood everything that they ought to be told about their clinical trials. (shrink)

Why is consent revocable? In other words, why must we respect someone's present dissent at the expense of her past consent? This essay argues against act-based explanations and in favor of a rule-based explanation. A rule prioritizing present consent will serve our interests the best, in light of our interests in having flexibility over our consent and in minimizing the possibility of error in people's judgments about whether we consent.

Researchers have explored questions concerning public participation and consent in geoengineering governance. Yet, the notion of consent has received little attention from researchers, and it is rarely discussed explicitly, despite being prescribed as a normative requirement for geoengineering research and being used in rejecting some geoengineering options. As it is noted in the leading geoengineering governance principles, i.e. the Oxford Principles, there are different conceptions of consent; the idea of consent ought to be unpacked more carefully (...) if, and when, we invoke it in the discussion. This article offers a theoretical reflection on different conceptions of consent and their place in geoengineering governance. More specifically, I discuss three models of consent, i.e. explicit consent, implied consent and hypothetical consent, and assess their applicability to geoengineering governance. Although there are different models of consent, much discussion of geoengineering governance has committed only to explicit consent. I note that such a commitment springs from a specific ideal political order. Accordingly, we should be wary of any naïve commitment to it so long as the political order we hope for remains open to debate. Finally, I illustrate two approaches to introduce consent into a geoengineering governance framework. (shrink)

According to one influential view, requirements to elicit consent for medical interventions and other interactions gain their rationale from the respect we owe to each other as autonomous, or self-governing, rational agents. Yet the popular presumption that consent has a central role to play in legitimate intervention extends beyond the domain of cases where autonomous agency is present to cases where far from fully autonomous agents make choices that, as likely as not, are going to be against their (...) own best interest. The question how we should understand the rationale for eliciting consent in this range of ‘non-ideal’ cases is comparatively ill understood. In this paper, I explore the prospects of accounting for consent requirements in such ‘non-ideal’ cases by appealing to a set of agency-based interests; including an interest in playing a meaningful part in joint decisions affecting ourselves and others. (shrink)

Coercion by the recipient of consent renders that consent invalid. But what about when the coercive force comes from a third party, not from the person to whom consent would be proffered? In this paper I analyze how threats from a third party affect consent. I argue that, as with other cases of coercion, we should distinguish threats that render consent invalid from threats whose force is too weak to invalidate consent and threats that (...) are legitimate. Illegitimate controlling third party threats render consent invalid just as they do in two party cases. However, knowing that the consent is invalid is not sufficient to tell the recipient of consent what she may or should do. I argue that when presented with a token of consent from someone whom she thinks is experiencing an illegitimate controlling threat, the recipient may act on that token if and only if doing so represents a reasonable joint decision for her and the victim of coercion. The appropriate action for someone faced with third party coercion therefore depends on the other options open to her and those open to the victim of coercion. (shrink)

It is widely accepted that consent is a normative power. For instance, consent can make an impermissible act permissible. In the words of Heidi Hurd, it “turns a trespass into a dinner party... an invasion of privacy into an intimate moment.” In this chapter, I argue against the assumption that consent has such robust powers for moral transformation. In particular, I argue that there is a wide range of sex that harms or wrongs victims despite being consensual. (...) Moreover, these cases are not limited to those where con- sent is vitiated by background conditions. I start by calling this category of consensual sex Bad Sex. I then distinguish subspecies of this category, including psychological pressure, social coercion, and epistemically unsafe sex. I end by responding to an objection on which we should treat at least some subspecies of Bad Sex as rape. Though this alternative proposal is often motivated by ameliorative and strategic considerations, I argue that such considerations actually count against collapsing the categories of Bad Sex and rape. (shrink)

Tom Dougherty has recently defended the claim that all deception that is consequential for sex is seriously wrong. This discussion piece argues that deception does not have to seriously undermine consent and that when sexual deception is seriously wrong, that may not only be to do with its relation to consent. In doing so, it defends distinguishing between the seriousness of deceptions, whether these are sexual or in other areas of life, and so defends what Dougherty calls the (...) lenient view. (shrink)

The predominant view is that a study using health data is observational research and should require individual consent unless it can be shown that gaining consent is impractical. But recent arguments have been made that citizens have an ethical obligation to share their health information for research purposes. In our view, this obligation is sufficient ground to expand the circumstances where secondary use research with identifiable health information is permitted without explicit subject consent. As such, for some (...) studies the Institutional Review Board/Research Ethics Committee review process should not assess the practicality of gaining consent for data use. Instead the review process should focus on assessing the public good of the research, public engagement and transparency. (shrink)

Philosophy and Phenomenological Research, EarlyView. Despite the acknowledgement of the moral significance of consent there is still much work to be done in determining which specific sexual encounters count as unproblematically consensual. This paper focuses on the impact of deception. It takes up the specific case of deception about one's self. It may seem obvious that one ought not to lie to a sexual partner about who one is, but determining which features of oneself are most relevant, as well (...) as the lies which it follows would be impermissible to tell, is complicated. It is argued here that deception about one's morally valenced character traits, those we think of as virtues and vices, are particularly problematic. This is true regardless of whether knowing the truth about those traits would have made a difference to one's partner's consent. Attention is then drawn to a range of types of lies that one ought not to tell. (shrink)

Trials with highly unfavourable risk–benefit ratios for participants, like HIV cure trials, raise questions about the quality of the consent of research participants. Why, it may be asked, would a person with HIV who is doing well on antiretroviral therapy be willing to jeopardise his health by enrolling in such a trial? We distinguish three concerns: first, how information is communicated to potential participants; second, participants’ motivations for enrolling in potentially high risk research with no prospect of direct benefit; (...) and third, participants’ understanding of the details of the trials in which they enrol. We argue that the communication concern is relevant to the validity of informed consent and the quality of decision making, that the motivation concern does not identify a genuine problem with either the validity of consent or the quality of decision making and that the understanding concern may not be relevant to the validity of consent but is relevant to the quality of decision making. In doing so, we derive guidance points for researchers recruiting and enrolling participants into their HIV cure trials, as well as the research ethics committees reviewing proposed studies. (shrink)

Kant’s Formula of Humanity can be analyzed into two parts. One is an injunction to treat humanity always as an end. The other is a prohibition on using humanity as a mere means. The second is often referred to as the FH prohibition or the mere means prohibition. It has become popular to interpret this prohibition in terms of consent. The idea is that, if X uses Y's humanity as a means and Y does not consent to it, (...) then X uses Y's humanity as a mere means. There is then debate about the kind of consent that is relevant: possible, actual, or rational. In this paper, I argue against this interpretation. Section one sets up the consent account. Section two attacks possible and actual consent accounts on doctrinal grounds. Section three extends this doctrinal attack to rational consent accounts. Section four circles back to the original motivation for the consent interpretation. I argue that the consent account rests on a misinterpretation, and I conclude with a quick sketch of an alternative interpretation of the FH prohibition. (shrink)

This article argues that consent must be revocable. I present two arguments for this conclusion. On the argument from informed consent, irrevocable consent lacks validity because it cannot be sufficiently informed. On the argument from bodily integrity, irrevocable consent lacks validity because we do not have the authority to deny our future selves the ability to protect our bodily integrity. I explain why the argument from bodily integrity captures unique moral problems raised by irrevocable consent (...) and illuminates an important but undertheorized distinction between autonomy and bodily integrity. (shrink)

The traditional view according to which we adults tacitly consent to a state’s lawful actions just by living within its borders—the residence theory—is now widely rejected by political philosophers. According to the critics, this theory fails because consent must be (i) intentional, (ii) informed, and (iii) voluntary, whereas one’s continued residence within a state is typically none of these things. Few people intend to remain within the state in which they find themselves, and few realize that by remaining (...) they are consenting to the state’s lawful actions. In addition, the various obstacles standing in the way of us leaving the state render our remaining involuntary. Thus, the critics conclude, few if any people can be considered to have consented through their residence. I argue that these objections fail and that the residence theory remains a viable option, at least for those who are not committed incompatibilists. (shrink)

Modern military organizations are paternalistic organizations. They typically recognize a duty of care toward military personnel and are willing to ignore or violate the consent of military personnel in order to uphold that duty of care. In this paper, we consider the case for paternalism in the military and distinguish it from the case for paternalism in medicine. We argue that one can consistently reject paternalism in medicine but uphold paternalism in the military. We consider two well-known arguments for (...) the conclusion that military organizations should not be entitled to use experimental drugs on troops without first obtaining the informed consent of those troops. We argue that both of these are unsuccessful, in the absence of an argument for the rejection of paternalism in the military altogether. The case for military paternalism is widely accepted. However, we consider three ways in which it could be challenged. (shrink)

The concepts of placebos and placebo effects refer to extremely diverse phenomena. I recommend dissolving the concepts of placebos and placebo effects into loosely related groups of specific mechanisms, including (potentially among others) expectation-fulfillment, classical conditioning, and attentional-somatic feedback loops. If this approach is on the right track, it has three main implications for the ethics of informed consent. First, because of the expectation-fulfillment mechanism, the process of informing cannot be considered independently from the potential effects of treatment. Obtaining (...) informed consent influences the effects of treatment. This provides support for the authorized concealment and authorized deception paradigms, and perhaps even for outright deceptive placebo use. Second, doctors may easily fail to consider the potential benefits of conditioning, leading them to misjudge the trade-off between beneficence and autonomy. Third, how attentional-somatic feedback loops play out depends not only on the content of the informing process but also on its framing. This suggests a role for libertarian paternalism in clinical practice. (shrink)

Misconceived Consent: Miguel has stage IV lung cancer. He has nearly exhausted his treatment options when his oncologist, Dr. Llewellyn, tells him about an experimental vaccine trial that may boost his immune response to kill cancer cells. Dr. Llewellyn provides Miguel with a consent form that explains why the study is being conducted, what procedures he will undergo, what the various risks and benefits are, alternative sources of treatment, and so forth. She even sits down with him, carefully (...) talks through the most important points, and gives him time to ask questions. Though it is a Phase 1 study and the chance that he will benefit is very low, Miguel happily agrees to take part. A week later, after the first experimental injection, she asks him if he is worried about the risks. “Risks?” he asks. “I’m sure this is safe—you’re a doctor, after all!”. (shrink)

In his recent book Democratic Authority, David Estlund defends a strikingly new and interesting account of political authority, one that makes use of a distinctive kind of hypothetical consent that he calls ‘normative consent’: a person can come to have a duty to obey another when it is the case that, were she given the chance to consent to the duty, she would have a duty to consent to it. If successful, Estlund’s account promises to provide (...) what has arguably so far remained elusive: the basis for the authority of suitably democratic laws. In this paper, I argue that, despite its promise, the account Estlund develops is, in a crucial respect, incoherent: the principle of normative consent that he offers relies on a claim about a hypothetical situation, but the hypothetical situation at issue is one that, according to the principle itself, is morally impossible. (shrink)

In December 2015, Wales became the first country in the UK to move away from an opt-in system in organ procurement. The new legislation introduces the concept of deemed consent whereby a person who neither opt in nor opt out is deemed to have consented to donation. The data released by the National Health Service in July 2017 provide an excellent opportunity to assess this legislation in light of concerns that it would decrease procurement rates for living and deceased (...) donation, as well as sparking an increase in family refusals. None of these concerns have come to pass, with Wales experiencing more registered donors, fewer family refusals and more living donations. However, as the number of actual donors has dropped slightly from a high level, the situation must be monitored closely in the years to come. (shrink)