We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which employ (...) the notion of necessity, are too stringent. They ultimately fail to deliver as basic certain particular liberties that should be encompassed within any fully adequate scheme of liberties. To address this under-generation problem, we provide an amended general condition. This replaces Rawls’s necessity condition with a probabilistic condition and it appeals to the standard liberal prohibition on arbitrary coercion by the state. We defend our new approach both as apt to feature in applications of the analytical method and as adequately grounded in justice as fairness as Rawls articulates the theory’s fundamental ideas. (shrink)

In Measuring the Immeasurable Mind: Where Contemporary Neuroscience Meets the Aristotelian Tradition, Matthew Owen argues that despite its nonphysical character, it is possible to empirically detect and measure consciousness. -/- Toward the end of the previous century, the neuroscience of consciousness set its roots and sprouted within a materialist milieu that reduced the mind to matter. Several decades later, dualism is being dusted off and reconsidered. Although some may see this revival as a threat to consciousness science aimed at (...) measuring the conscious mind, Owen argues that measuring consciousness, along with the medical benefits of such measurements, is not ruled out by consciousness being nonphysical. Owen proposes the Mind-Body Powers model of neural correlates of consciousness, which is informed by Aristotelian causation and a substance dualist view of human nature inspired by Thomas Aquinas, who often followed Aristotle. In addition to explaining why there are neural correlates of consciousness, the model provides a philosophical foundation for empirically discerning and quantifying consciousness. En route to presenting and applying the Mind-Body Powers model to neurobiology, Owen rebuts longstanding objections to dualism related to the mind-body problem. With scholarly precision and readable clarity, Owen applies an oft forgotten yet richly developed historical vantage point to contemporary cognitive neuroscience. (shrink)

The process of adopting a child is “not for the faint of heart.” This is what we were told the first time we, as a couple, began this process. Part of the challenge lies in fulfilling the licensing requirements for adoption, which, beyond the usual home study, can include mandatory participation in parenting classes. The question naturally arises for many people who are subjected to these requirements whether they are morally justified. We tackle this question in this paper. In our (...) view, while strong reasons exist in favour of licensing adoptive parents, these reasons support the licensing not only of adoptive parents, but of all or some subset of so-called “natural” parents as well. We therefore conclude that the status quo with respect to parental licensing, according to which only adoptive parents need to be licensed, is morally unjustified. (shrink)

Some bioethicists argue that conscientious objectors in health care should have to justify themselves, just as objectors in the military do. They should have to provide reasons that explain why they should be exempt from offering the services that they find offensive. There are two versions of this view in the literature, each giving different standards of justification. We show these views are each either too permissive (i.e. would result in problematic exemptions based on conscience) or too restrictive (i.e. would (...) produce problematic denials of exemption). We then develop a middle ground position that we believe better combines respect for the conscience of healthcare professionals with concern for the duties that they owe to patients. Our claim, in short, is that insofar as objectors should have to justify themselves, they should have to do it according to the standard that we defend rather than according to the standards that others have developed. (shrink)

We address the ethics of scenarios in which one party entraps, intentionally tempts or intentionally tests the virtue of another. We classify, in a new manner, three distinct types of acts that are of concern, namely acts of entrapment, of intentional temptation and of virtue testing. Our classification is, for each kind of scenario, of itself neutral concerning the question whether the agent acts permissibly. We explain why acts of entrapment are more ethically objectionable than like acts of intentional temptation (...) and why these, in turn, are more ethically objectionable than like acts of virtue testing. Along the way, we scrutinize, and eventually reject, the view that acts of entrapment are ethically unacceptable because intentional temptation is involved in entrapment. (shrink)

Joanna Leidenhag’s research monograph Minding Creation: Theological Panpsychism and the Doctrine of Creation argues that theologians should seriously consider and perhaps even support panpsychism. In light of rekindled interest in panpsychism amongst philosophers of mind and a noteworthy minority of cognitive neuroscientists, which comes in the wake of physicalism’s faltering, Leidenhag’s thesis is timely. This work briefly analyzes some key aspects of Minding Creation.

Despite the plethora of freedom of religion literature (under section 2(a) of the Canadian Charter of Rights and Freedoms), the corresponding literature on the freedom of conscience is minimal. To further the discussion on the freedom of conscience, I rely heavily on the philosophical literature to make an important distinction; the difference between individual- based and communal-based conceptions of conscience. Whereas the former is plagued with subjectivity, making it difficult to conceptualize a working framework for the Charter right, the latter (...) offers a promising foothold to rise above subjectivity and find a firm footing based on communal relations. In emphasizing the importance of the dialogical nature of human beings and the relational necessity undergirding moral judgements, I argue that the concept of conscience should be understood and practiced in community, rather than individually. (shrink)

This article argues that a person’s well-being at a time and the goodness of her life are two distinct values. It is commonly accepted as platitudinous that well-being is what makes a life good for the person who lives it. Even philosophers who distinguish between well-being at a time and the goodness of a life still typically assume that increasing a person’s well-being at some particular moment, all else equal, necessarily improves her life on the whole. I develop a precise (...) statement of this standard assumption, and then show that it is subject to counterexamples. The possibility of such counterexamples depends only on premises similar to those sometimes invoked to argue that a person’s well-being over a long period is not simply the aggregate well-being of the shorter periods that compose the long period. The refutation of the standard assumption linking well-being and life-goodness entails that these are distinct and sometimes divergent values. As an alternative to the standard assumption, it is proposed that well-being is best understood as an ingredient in a good life. (shrink)

Imagine you are casually browsing an online bookstore, looking for an interesting novel. Suppose the store predicts you will want to buy a particular novel: the one most chosen by people of your same age, gender, location, and occupational status. The store recommends the book, it appeals to you, and so you choose it. Central to this scenario is an automated prediction of what you desire. This article raises moral concerns about such predictions. More generally, this article examines the ethics (...) of artificial social cognition—the ethical dimensions of attribution of mental states to humans by artificial systems. The focus is presumptuous aim attributions, which are defined here as aim attributions based crucially on the premise that the person in question will have aims like superficially similar people. Several everyday examples demonstrate that this sort of presumptuousness is already a familiar moral concern. The scope of this moral concern is extended by new technologies. In particular, recommender systems based on collaborative filtering are now commonly used to automatically recommend products and information to humans. Examination of these systems demonstrates that they naturally attribute aims presumptuously. This article presents two reservations about the widespread adoption of such systems. First, the severity of our antecedent moral concern about presumptuousness increases when aim attribution processes are automated and accelerated. Second, a foreseeable consequence of reliance on these systems is an unwarranted inducement of interpersonal conformity. (shrink)

This article addresses three questions about well-being. First, is well-being future-sensitive? I.e., can present well-being depend on future events? Second, is well-being recursively dependent? I.e., can present well-being depend on itself? Third, can present and future well-being be interdependent? The third question combines the first two, in the sense that a yes to it is equivalent to yeses to both the first and second. To do justice to the diverse ways we contemplate well-being, I consider our thought and discourse about (...) well-being in three domains: everyday conversation, social science, and philosophy. This article’s main conclusion is that we must answer the third question with no. Present and future well-being cannot be interdependent. The reason, in short, is that a theory of well-being that countenances both future-sensitivity and recursive dependence would have us understand a person’s well-being at a time as so intricately tied to her well-being at other times that it would not make sense to consider her well-being an aspect of her state at particular times. It follows that we must reject either future-sensitivity or recursive dependence. I ultimately suggest, especially in light of arguments based on assumptions of empirical research on well-being, that the balance of reasons favors rejecting future-sensitivity. (shrink)

The COVID-19 pandemic revealed numerous weaknesses in pandemic preparedness and response, including underfunding, inadequate surveillance, and inequitable distribution of countermeasures. To overcome these weaknesses for future pandemics, WHO released a zero draft of a pandemic treaty in February, 2023, and subsequently a revised bureau's text in May, 2023. COVID-19 made clear that pandemic prevention, preparedness, and response reflect choices and value judgements. These decisions are therefore not a purely scientific or technical exercise, but are fundamentally grounded in ethics. The latest (...) treaty draft reflects these ethical considerations by including a section entitled Guiding Principles and Approaches. Most of these principles are ethical—they establish core values that undergird the treaty. Unfortunately, the treaty draft's set of principles are numerous, overlapping, and show inadequate coherence and consistency. We propose two improvements to this section of the draft pandemic treaty. First, key guiding ethical principles should be clearer and more precise than they currently are. Second, the link between ethical principles and policy implementation should be clearly established and define boundaries on acceptable interpretation, ensuring that signatories abide by these principles. (shrink)

Just as humans can draw conclusions responsibly or irresponsibly, so too can computers. Machine learning systems that have been trained on data sets that include irresponsible judgments are likely to yield irresponsible predictions as outputs. In this paper I focus on a particular kind of inference a computer system might make: identification of the intentions with which a person acted on the basis of photographic evidence. Such inferences are liable to be morally objectionable, because of a way in which they (...) are presumptuous. After elaborating this moral concern, I explore the possibility that carefully procuring the training data for image recognition systems could ensure that the systems avoid the problem. The lesson of this paper extends beyond just the particular case of image recognition systems and the challenge of responsibly identifying a person’s intentions. Reflection on this particular case demonstrates the importance (as well as the difficulty) of evaluating machine learning systems and their training data from the standpoint of moral considerations that are not encompassed by ordinary assessments of predictive accuracy. (shrink)

A self-fulfilling prophecy is, roughly, a prediction that brings about its own truth. Although true predictions are hard to fault, self-fulfilling prophecies are often regarded with suspicion. In this article, we vindicate this suspicion by explaining what self-fulfilling prophecies are and what is problematic about them, paying special attention to how their problems are exacerbated through automated prediction. Our descriptive account of self-fulfilling prophecies articulates the four elements that define them. Based on this account, we begin our critique by showing (...) that typical self-fulfilling prophecies arise due to mistakes about the relationship between a prediction and its object. Such mistakes—along with other mistakes in predicting or in the larger practical endeavor—are easily overlooked when the predictions turn out true. Thus we note that self-fulfilling prophecies prompt no error signals; truth shrouds their mistakes from humans and machines alike. Consequently, self-fulfilling prophecies create several obstacles to accountability for the outcomes they produce. We conclude our critique by showing how failures of accountability, and the associated failures to make corrections, explain the connection between self-fulfilling prophecies and feedback loops. By analyzing the complex relationships between accuracy and other evaluatively significant features of predictions, this article sheds light both on the special case of self-fulfilling prophecies and on the ethics of prediction more generally. (shrink)

A model policy for conscientious objection in medicine.

Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the state agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to state entrapment to commit a crime. (...) Using János Kis’s work on political morality, we explain three dilemmatic versions of the ‘dirty hands’ model. We show that, while two of these are inapplicable to state entrapment, the third has better prospects. We then pursue our main aim, which is to argue that, since the third model precludes Nathan’s criticism, a viable ‘dirty hands’ model of state entrapment remains an open possibility. Finally, we generalize this result, showing that the case of state entrapment is not special: the result holds good for policing practices more generally, including such routine practices as arrest, detention, and restraint. (shrink)

Our question is this: What makes an act one of entrapment? We make a standard distinction between legal entrapment, which is carried out by parties acting in their capacities as (or as deputies of) law- enforcement agents, and civil entrapment, which is not. We aim to provide a definition of entrapment that covers both and which, for reasons we explain, does not settle questions of permissibility and culpability. We explain, compare, and contrast two existing definitions of legal entrapment to commit (...) a crime that possess this neutrality. We point out some problems with the extensional correctness of these definitions and propose a new definition that resolves these problems. We then extend our definition to provide a more general definition of entrapment, encompassing both civil and legal cases. Our definition is, we believe, closer to being extensionally correct and will, we hope, provide a clearer basis for future discussions about the ethics of entrapment than do the definitions upon which it improves. (shrink)

Despite Kant’s lasting influence on philosophical accounts of moral motivation, many details of his own position remain elusive. In the Critique of Practical Reason, for example, Kant argues that our recognition of the moral law’s authority must elicit both painful and pleasurable feelings in us. On reflection, however, it is unclear how these effects could motivate us to act from duty. As a result, Kant’s theory of moral sensibility comes under a skeptical threat: the possibility of a morally motivating feeling (...) seems incoherent. My aim in this paper is to reconstruct Kant’s theory in a way that overcomes this threat. By way of conclusion, I show how my reconstruction brings a new perspective to a long-standing dispute over intellectualist and affectivist views of moral motivation. (shrink)

I propose a construal of aesthetic value that gives us reason to emphasize some aesthetic practices over others. This construal rests on the existence of a central aesthetic value, namely apprehension-testing intricacy within an appropriate domain. I address three objections: the objection that asks how an aesthetic value based on intricacy can account for the value of minimalism; the objection that asks about the difference between intricacy within a medium and intricacy between media; and the objection that asks about the (...) danger of a regress. I then say that, although this central aesthetic value can in principle allow us to adjudicate between aesthetic practices, we have epistemic limits (about the potential of certain artistic domains to allow for apprehension-testing intricacy) that prevent adjudication in some cases. Even if there is a difference between the vastness of the potential-intricacy-fields somewhere down the line, it is too far for us to see. (shrink)

Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the objection asserts (...) that, in attempting to entrap, law-enforcement agents lapse into a form of practical incoherence that involves the attempt simultaneously to pursue contrary ends. We then argue that the objection, in this form, encompasses all cases of legal entrapment only if it is supplemented by appeal to the premise that law-enforcement agents have an absolute duty never to create crimes. (shrink)

Kant is well known for claiming that we can never really know our true moral disposition. He is less well known for claiming that the injunction "Know Yourself" is the basis of all self-regarding duties. Taken together, these two claims seem contradictory. My aim in this paper is to show how they can be reconciled. I first address the question of whether the duty of self-knowledge is logically coherent (§1). I then examine some of the practical problems surrounding the duty, (...) notably, self-deception (§2). Finding none of Kant's solutions to the problem of self-deception satisfactory, I conclude by defending a Kantian account of self-knowledge based on his theory of conscience (§3). (shrink)

Kant’s doctrine of the Fact of Reason is one of the most perplexing aspects of his moral philosophy. The aim of this paper is to defend Kant’s doctrine from the common charge of dogmatism. My defense turns on a previously unexplored analogy to the notion of ‘matters of fact’ popularized by members of the Royal Society in the seventeenth century. In their work, ‘facts’ were beyond doubt, often referring to experimental effects one could witness first hand. While Kant uses the (...) German equivalent in different contexts, I argue that the scientific analogy opens up a new framework for interpreting his strategy of justification in the Critique of Practical Reason. In the final section, I address a few possible objections to my reading, one of which I anticipate coming from Dieter Henrich and Ian Proops, who have argued that Kant’s Fact of Reason is best understood under a legal analogy. (shrink)

In this essay we provide (1) an argument for why ethics should be naturalized, (2) an analysis of why it is not yet naturalized, (3) a defense of ethical naturalism against two fallacies—Hume’s and Moore’s—that ethical naturalism allegedly commits, and (4) a proposal that normative ethics is best conceived as part of human ecology committed to pluralistic relativism. We explain why naturalizing ethics both entails relativism and also constrains it, and why nihilism about value is not an especially worrisome for (...) ethical naturalists. The substantive view we put forth constitutes the essence of Duke Naturalism. (NOTE: This is a slightly modified reprint of Flangan et al 2007 of the same title.). (shrink)

In this essay we provide (1) an argument for why ethics should be naturalized, (2) an analysis of why it is not yet naturalized, (3) a defense of ethical naturalism against two fallacies—Hume’s and Moore’s—that ethical naturalism allegedly commits, and (4) a proposal that normative ethics is best conceived as part of human ecology committed to pluralistic relativism. We explain why naturalizing ethics both entails relativism and also constrains it, and why nihilism about value is not an especially worrisome for (...) ethical naturalists. The substantive view we put forth constitutes the essence of Duke Naturalism. (shrink)

It is commonly held that Kant ventured to derive morality from freedom in Groundwork III. It is also believed that he reversed this strategy in the second Critique, attempting to derive freedom from morality instead. In this paper, I set out to challenge these familiar assumptions: Kant’s argument in Groundwork III rests on a moral conception of the intelligible world, one that plays a similar role as the ‘fact of reason’ in the second Critique. Accordingly, I argue, there is no (...) reversal in the proof-structure of Kant’s two works. (shrink)

Owen Ware here develops and defends a novel interpretation of Fichte’s moral philosophy as an ethics of wholeness. While virtually forgotten for most of the twentieth century, Fichte’s System of Ethics is now recognized by scholars as a masterpiece in the history of post-Kantian thought and a key text for understanding the work of later German idealist thinkers. This book provides a careful examination of the intellectual context in which Fichte’s moral philosophy evolved and of the specific arguments he (...) offers in response to Kant and his immediate successors. A distinctive feature of this study is a focus on the foundational concepts of Fichte’s ethics—freedom, morality, feeling, conscience, community—and their connection to his innovative but largely misunderstood theory of drives. By way of conclusion, the book shows that what appears to be two conflicting commitments in Fichte’s ethics—a commitment to the feelings of one's conscience and a commitment to engage in open dialogue with others—are two aspects of his theory of moral perfection. The result is a sharp understanding of Fichte's System of Ethics as offering a compelling resolution to the personal and interpersonal dimensions of moral life. (shrink)

The concept of respect for persons is often rejected as a basis for understanding forgiveness. As many have argued, to hold your offender responsible for her actions is to respect her as a person; but this kind of respect is more likely to sustain, rather than dissolve, your resentment toward her (Garrard & McNaughton 2003; 2011; Allais 2008). I seek to defend an alternative view in this paper. To forgive, on my account, involves ceasing to identify your offender with her (...) wrongdoing, and this requires a corresponding affective change on your behalf. While there are different ways this may happen, I argue that respect for your offender as a person can play a significant role in the process. (shrink)

In this article I offer a critical commentary on Jeanine Grenberg’s claim that, by the time of the second Critique, Kant was committed to the view that we only access the moral law’s validity through the feeling of respect. The issue turns on how we understand Kant’s assertion that our consciousness of the moral law is a ‘fact of reason’. Grenberg argues that all facts must be forced, and anything forced must be felt. I defend an alternative interpretation, according to (...) which the fact of reason refers to the actuality of our moral consciousness. (shrink)

There is no question that Fichte's theory of conscience is central to his system of ethics. Yet his descriptions of its role in practical deliberation appear inconsistent, if not contradictory. Many scholars have claimed that for Fichte conscience plays a material role by providing the content of our moral obligations—the Material Function View. Some have denied this, however, claiming that conscience only plays a formal role by testing our moral convictions in any given case—the Formal Function View. My aim in (...) this paper is to offer a new contribution to this debate. I begin by supplying further evidence in support of the view that conscience only plays a formal function in Fichte's ethics. Then I call attention to a deeper problem this view faces, namely, that it invites an infinite regress by making one's conviction a matter of higher-order reflection. The key to overcoming this threat, I argue, lies in Fichte's doctrine of feeling, whereby the criterion of one's conviction lies, not in a cognitive state, but in an affective state. In closing, I discuss the relevance of Fichte's theory for current debates over the nature of moral error and moral deference. (shrink)

One of the most controversial issues to emerge in recent studies of Fichte concerns the status of his normative ethics, i.e., his theory of what makes actions morally good or bad. Scholars are divided over Fichte’s view regarding the ‘final end’ of moral striving, since it appears this end can be either a specific goal permitting maximizing calculations (the consequentialist reading defended by Kosch 2015), or an indeterminate goal permitting only duty-based decisions (the deontological reading defended by Wood 2016). While (...) I think each interpretive position contains an element of truth, my aim in this paper is to defend a third alternative, according to which Fichte’s normative ethics presents us with a unique form of social perfectionism. (shrink)

A self-fulfilling prophecy in neuroprognostication occurs when a patient in coma is predicted to have a poor outcome, and life-sustaining treatment is withdrawn on the basis of that prediction, thus directly bringing about a poor outcome for that patient. In contrast to the predominant emphasis in the bioethics literature, we look beyond the moral issues raised by the possibility that an erroneous prediction might lead to the death of a patient who otherwise would have lived. Instead, we focus on the (...) problematic epistemic consequences of neuroprognostic SFPs in settings where research and practice intersect. When this sort of SFP occurs, the problem is that physicians and researchers are never in a position to notice whether their original prognosis was correct or incorrect, since the patient dies anyway. Thus, SFPs keep us from discerning false positives from true positives, inhibiting proper assessment of novel prognostic tests. This epistemic problem of SFPs thus impedes learning, but ethical obligations of patient care make it difficult to avoid SFPs. We then show how the impediment to catching false positive indicators of poor outcome distorts research on novel techniques for neuroprognostication, allowing biases to persist in prognostic tests. We finally highlight a particular risk that a precautionary bias towards early withdrawal of life-sustaining treatment may be amplified. We conclude with guidelines about how researchers can mitigate the epistemic problems of SFPs, to achieve more responsible innovation of neuroprognostication for patients in coma. (shrink)

Kant’s early readers were troubled by the appearance of a dilemma facing his theory of freedom. On the one hand, if we explain human actions according to laws or rules, then we risk reducing the activity of the will to necessity (the horn of determinism). But, on the other hand, if we explain human actions without laws or rules, then we face an equally undesirable outcome: that of reducing the will’s activity to mere chance (the horn of indeterminism). After providing (...) an overview of this dilemma, this chapter explores how Fichte and Schelling attempted to resolve it, in ways that ultimately shaped the course of post-Kantian idealism in the late 1790s and early 1800s. (shrink)

Kant’s arguments for the reality of human freedom and the normativity of the moral law continue to inspire work in contemporary moral philosophy. Many prominent ethicists invoke Kant, directly or indirectly, in their efforts to derive the authority of moral requirements from a more basic conception of action, agency, or rationality. But many commentators have detected a deep rift between the _Groundwork for the Metaphysics of Morals_ and the _Critique of Practical Reason_, leaving Kant’s project of justification exposed to conflicting (...) assessments and interpretations. In this major re-reading of Kant, Owen Ware defends the controversial view that Kant’s mature writings on ethics share a unified commitment to the moral law’s primacy. Using both close analysis and historical contextualization, Owen Ware overturns a paradigmatic way of reading Kant’s arguments for morality and freedom, situating them within Kant’s critical methodology at large. The result is a novel understanding of Kant that challenges much of what goes under the banner of Kantian arguments for moral normativity today. (shrink)

This paper examines the distinction between self-love and self-conceit in Kant's moral psychology. It motivates an alternative account of the origin of self-conceit by drawing a parallel to what Kant calls transcendental illusion.

This paper offers a new interpretation of Kant's relationship with skepticism in the Groundwork for the Metaphysics of Morals. My position differs from commonly held views in the literature in two ways. On the one hand, I argue that Kant's relationship with skepticism is active and systematic (contrary to Hill, Wood, Rawls, Timmermann, and Allison). On the other hand, I argue that the kind of skepticism Kant is interested in does not speak to the philosophical tradition in any straightforward sense (...) (contrary to Forster and Guyer). On my reading, Kant takes up a skeptical method in the Groundwork as a way of exposing certain obstacles in our ordinary and philosophical thinking about morality. The central obstacle he is interested in is practical in character, arising from a natural tendency we have to rationalize against the moral law. In attempting to resolve this tendency, I argue, the Groundwork turns out to have a profoundly educative task. (shrink)

This paper addresses the likely impact on women of being denied emergency contraception (EC) by pharmacists who conscientiously refuse to provide it. A common view—defended by Elizabeth Fenton and Loren Lomasky, among others—is that these refusals inconvenience rather than harm women so long as the women can easily get EC somewhere else nearby. I argue from a feminist perspective that the refusals harm women even when they can easily get EC somewhere else nearby.

It is often assumed that Fichte's aim in Part I of the System of Ethics is to provide a deduction of the moral law, the very thing that Kant – after years of unsuccessful attempts – deemed impossible. On this familiar reading, what Kant eventually viewed as an underivable 'fact' (Factum), the authority of the moral law, is what Fichte traces to its highest ground in what he calls the principle of the 'I'. However, scholars have largely overlooked a passage (...) in the System of Ethics where Fichte explicitly invokes Kant's doctrine of the fact of reason with approval, claiming that consciousness of the moral law grounds our belief in freedom (GA I/5:65). On the reading I defend, Fichte's invocation of the Factum is consistent with the structure of Part I when we distinguish (a) the feeling of moral compulsion from (b) the moral law itself. (shrink)

Ethical decision-making frameworks assist in identifying the issues at stake in a particular setting and thinking through, in a methodical manner, the ethical issues that require consideration as well as the values that need to be considered and promoted. Decisions made about the use, sharing, and re-use of big data are complex and laden with values. This paper sets out an Ethics Framework for Big Data in Health and Research developed by a working group convened by the Science, Health and (...) Policy-relevant Ethics in Singapore Initiative. It presents the aim and rationale for this framework supported by the underlying ethical concerns that relate to all health and research contexts. It also describes a set of substantive and procedural values that can be weighed up in addressing these concerns, and a step-by-step process for identifying, considering, and resolving the ethical issues arising from big data uses in health and research. This Framework is subsequently applied in the papers published in this Special Issue. These papers each address one of six domains where big data is currently employed: openness in big data and data repositories, precision medicine and big data, real-world data to generate evidence about healthcare interventions, AI-assisted decision-making in healthcare, public-private partnerships in healthcare and research, and cross-sectoral big data. (shrink)

While Kant’s claim that the moral law discloses our freedom to us has been extensively discussed in recent decades, the reactions to this claim among Kant’s immediate successors have gone largely overlooked by scholars. Reinhold, Creuzer, and Maimon were among three prominent thinkers of the era unwilling to follow Kant in making the moral law the condition for knowing our freedom. Maimon went so far as to reject Kant’s method of appealing to our everyday awareness of duty on the grounds (...) that common human understanding is susceptible to error and illusion. In this paper I shall examine how these skeptical reactions to Kant’s position shaped the background for Fichte’s method of moral justification, leading up to his own deduction of the moral law in the System of Ethics. By way of conclusion, I shall propose a new interpretation of how consciousness of the moral law serves as an entry-point to Fichte’s form of idealism. (shrink)

Abstract: In recent work Stephen Darwall has attacked what he calls J. G. Fichte's ‘voluntarist’ thesis, the idea—on Darwall's reading—that I am bound by obligations of respect to another person by virtue of my choice to interact with him. Darwall argues that voluntary choice is incompatible with the normative force behind the concept of a person, which demands my respect non-voluntarily. He in turn defends a ‘presuppositional’ thesis which claims that I am bound by obligations of respect simply by recognizing (...) the other as a person. In this paper I argue Darwall has misidentified the voluntary element in Fichte's account (sections 4–5). This requires me first to explain what Fichte's voluntarism really consists in (sections 1–3), and I suggest an apparent ambiguity in Fichte's position is responsible for Darwall's misreading. Clarifying this ambiguity, however, exposes some limitations to Darwall's thesis, and I end by discussing what those limitations are and what we can learn from them (sections 6–8). (shrink)

Benjamin Schnieder has argued that several traditional definitions of truth-functionality fail to capture a central intuition informal characterizations of the notion often capture. The intuition is that the truth-value of a sentence that employs a truth-functional operator depends upon the truth-values of the sentences upon which the operator operates. Schnieder proposes an alternative definition of truth-functionality that is designed to accommodate this intuition. We argue that one traditional definition of ‘truth-functionality’ is immune from the counterexamples that Schnieder proposes and is (...) preferable to Schnieder’s alternative. (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)

Consciousness and evolution are complex phenomena. It is sometimes thought that if adaptation explanations for some varieties of consciousness, say, conscious visual perception, can be had, then we may be reassured that at least those kinds of consciousness are not epiphenomena. But what if other varieties of consciousness, for example, dreams, are not adaptations? We sort out the connections among evolution, adaptation, and epiphenomenalism in order to show that the consequences for the nature and causal efficacy of consciousness are not (...) as dire as has sometimes been supposed. (shrink)

A focussed issue of The Reasoner on the topic of 'Infinitary Reasoning'. Owen Griffiths and A.C. Paseau were the guest editors.

Absolute needs (as against instrumental needs) are independent of the ends, goals and purposes of personal agents. Against the view that the only needs are instrumental needs, David Wiggins and Garrett Thomson have defended absolute needs on the grounds that the verb ‘need’ has instrumental and absolute senses. While remaining neutral about it, this article does not adopt that approach. Instead, it suggests that there are absolute biological needs. The absolute nature of these needs is defended by appeal to: their (...) objectivity (as against mind-dependence); the universality of the phenomenon of needing across the plant and animal kingdoms; the impossibility that biological needs depend wholly upon the exercise of the abilities characteristic of personal agency; the contention that the possession of biological needs is prior to the possession of the abilities characteristic of personal agency. Finally, three philosophical usages of ‘normative’ are distinguished. On two of these, to describe a phenomenon or claim as ‘normative’ is to describe it as value-dependent. A description of a phenomenon or claim as ‘normative’ in the third sense does not entail such value-dependency, though it leaves open the possibility that value depends upon the phenomenon or upon the truth of the claim. It is argued that while survival needs (or claims about them) may well be normative in this third sense, they are normative in neither of the first two. Thus, the idea of absolute need is not inherently normative in either of the first two senses. (shrink)

Some have objected to human enhancement on the grounds that it violates the autonomy of the enhanced. These objections, however, overlook the interesting possibility that autonomy itself could be enhanced. How, exactly, to enhance autonomy is a difficult problem due to the numerous and diverse accounts of autonomy in the literature. Existing accounts of autonomy enhancement rely on narrow and controversial conceptions of autonomy. However, we identify one feature of autonomy common to many mainstream accounts: reasoning ability. Autonomy can then (...) be enhanced by improving people’s reasoning ability, in particular through cognitive enhancement; given how valuable autonomy is usually taken to be, this gives us extra reason to pursue such cognitive enhancements. Moreover, autonomy-based objections will be especially weak against such enhancements. As we will argue, those who are worried that enhancements will inhibit people’s autonomy should actually embrace those enhancements that will improve autonomy. (shrink)

Moral enhancement is an ostensibly laudable project. Who wouldn’t want people to become more moral? Still, the project’s approach is crucial. We can distinguish between two approaches for moral enhancement: direct and indirect. Direct moral enhancements aim at bringing about particular ideas, motives or behaviors. Indirect moral enhancements, by contrast, aim at making people more reliably produce the morally correct ideas, motives or behaviors without committing to the content of those ideas, motives and/or actions. I will argue, on Millian grounds, (...) that the value of disagreement puts serious pressure on proposals for relatively widespread direct moral enhancement. A more acceptable path would be to focus instead on indirect moral enhancements while staying neutral, for the most part, on a wide range of substantive moral claims. I will outline what such indirect moral enhancement might look like, and why we should expect it to lead to general moral improvement. (shrink)

This paper comes out of a panel honoring the work of Anne Donchin (1940-2014), which took place at the 2016 Congress of the International Network on Feminist Approaches to Bioethics (FAB) in Edinburgh. My general aim is to highlight the contributions Anne made to feminist bioethics, and to feminist reproductive ethics in particular. My more specific aim, however, is to have a kind of conversation with Anne, through her work, about whether reproductive justice could demand insurance coverage for in vitro (...) fertilization. I quote liberally from Anne’s work for this purpose, but also to shower the reader with her words, reminding those of us who knew her well what a wonderful colleague she was. (shrink)