This article examines the use of ‘enhanced interrogation techniques’ in the context of international legal obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 (CAT) and the domestic implementation of the international prohibition of torture into United States (US) law under 18 United States Code Sections 2340-2340A. The legal basis for the interrogation programme was a series of contentious legal memoranda written by Department of Justice Office of Legal Counsel lawyers.1 This article examines (...) whether the memo drafters ought to be investigated for incurring criminal liability for the consequences of their memoranda, namely under CAT and Sections 2340-2340A and what has unfolded under President Obama’s administration. (shrink)

Neo‐Aristotelian ethical naturalism purports to show that moral evaluation of human action and character is an evaluation of natural goodness—a kind of evaluation that applies to living things in virtue of their nature and based on their form of life. The standard neo‐Aristotelian view defines natural goodness by way of generic statements describing the natural history, or the ‘characteristic’ life, of a species. In this paper, I argue that this conception of natural goodness commits the neo‐Aristotelian view to a problematic (...) anti‐individualism that results in the wrong assessment of individuals with uniquely adaptive adjustments. I then offer an alternative account of natural goodness that avoids this problem. Instead of relying on generic statements about a species, my account defines natural goodness based on counterfactual conditionals describing the modal properties of a single individual. I argue that this modal‐explanatory account gives a conception of natural goodness that is more intuitively plausible and better suited to capture the diversity and plasticity distinctive of life. (shrink)

In the debate over the moral status of nonsentient organisms, biocentrists argue that all living things, including nonsentient ones, have interests of their own. They often defend this claim by arguing that living organisms are goal-directed, functionally organized systems. This argument for ascribing interests has faced a serious challenge that is sometimes called the Problem of Scope. Critics have argued that ascribing interests on the basis of functional organization would have implausible implications regarding the scope of the argument, such as (...) ascribing interests to inanimate artifacts and machines. In this paper, I argue that much of the recent discussion on the Problem of Scope is based on an uncharitable interpretation of the argument for ascribing interests, which presupposes a reductionist account of functions. I assess this version of the argument, and explain why it cannot succeed. I then consider an alternative interpretation of the argument, which starts from a non-reductionist account of functions. I argue that this version of the argument avoids the Problem of Scope, while acknowledging that it has limitations of its own. (shrink)

This paper addresses a question about the moral status of Artificial Intelligence (AI): will AIs ever become moral patients? I argue that, while it is in principle possible for an intelligent machine to be a moral patient, there is no good reason to believe this will in fact happen. I start from the plausible assumption that traditional artifacts do not meet a minimal necessary condition of moral patiency: having a good of one's own. I then argue that intelligent machines are (...) no different from traditional artifacts in this respect. To make this argument, I examine the feature of AIs that enables them to improve their intelligence, i.e., machine learning. I argue that there is no reason to believe that future advances in machine learning will take AIs closer to having a good of their own. I thus argue that concerns about the moral status of future AIs are unwarranted. Nothing about the nature of intelligent machines makes them a better candidate for acquiring moral patiency than the traditional artifacts whose moral status does not concern us. (shrink)

Neo-Aristotelian ethical naturalism aims to place moral virtue in the natural world by showing that moral goodness is an instance of natural goodness—a kind of goodness supposedly also found in the biological realm of plants and non-human animals. One of the central issues facing neo-Aristotelian naturalists concerns their commitment to a kind of function ascription based on the concept of the flourishing of an organism that seems to have no place in modern biology. In this paper, I offer a novel (...) defense of this functional commitment by appealing to the organizational account of biological function. I argue that the flourishing-based concept of function that forms the basis of the neo-Aristotelian account of natural goodness is explanatorily indispensable to biology, and therefore essential to the understanding of living things. (shrink)

Neo-Aristotelian metaethical naturalism is a modern attempt at naturalizing ethics using ideas from Aristotle’s teleological metaphysics. Proponents of this view argue that moral virtue in human beings is an instance of natural goodness, a kind of goodness supposedly also found in the realm of non-human living things. Many critics question whether neo-Aristotelian naturalism is tenable in light of modern evolutionary biology. Two influential lines of objection have appealed to an evolutionary understanding of human nature and natural teleology to argue against (...) this view. In this paper, I offer a reconstruction of these two seemingly different lines of objection as raising instances of the same dilemma, giving neo-Aristotelians a choice between contradicting our considered moral judgment and abandoning metaethical naturalism. I argue that resolving the dilemma requires showing a particular kind of continuity between the norms of moral virtue and norms that are necessary for understanding non-human living things. I also argue that in order to show such a continuity, neo-Aristotelians need to revise the relationship they adopt with empirical science and acknowledge that the latter is relevant to assessing their central commitments regarding living things. Finally, I argue that to move this debate forward, both neo-Aristotelians and their critics should pay attention to recent work on the concept of organism in evolutionary and developmental biology. (shrink)

Neo-Aristotelian naturalism purports to explain morality in terms of human nature, while maintaining that the relevant aspects of human nature cannot be known scientifically. This has led some to conclude that neo-Aristotelian naturalism is not a form of ethical naturalism in the standard, metaphysical sense. In this paper, I argue that neo-Aristotelian naturalism is in fact a standard form of ethical naturalism that is committed to metaphysical naturalism about moral truths and presents a distinctive and underappreciated argument for it. I (...) reconstruct the neo-Aristotelian argument for ethical naturalism in terms of a continuity between the ethical domain and the natural domain of life. I argue that clarifying the meta-ethical import of neo-Aristotelian naturalism not only helps to situate it among other positions in meta-ethics, but also facilitates better critical engagement with the view. (shrink)

According to neo-Aristotelian ethical naturalism, moral goodness is an instance of natural goodness, a kind of normativity supposedly already present in nature in the biological realm of non-human living things. Proponents of this view appeal to Michael Thompson’s conception of a life-form--the form of a living organism--to give an account of natural goodness. However, although neo-Aristotelians call themselves naturalists, they hardly ever consult the science of biology to defend their commitments regarding biological organisms. This has led many critics to argue (...) that the neo-Aristotelian account of natural normativity is out of touch with the findings of modern evolutionary biology. One line of response to this objection, presented by John Hacker-Wright and Micah Lott, claims that the neo-Aristotelian concept of a living organism has to be presupposed in evolutionary biology as long as organisms are the subjects of evolutionary explanation. In this paper, I examine this response by tracing the concept of organism in modern evolutionary biology. I first argue that the Modern Synthesis theory of evolution, which understands evolution as change in gene frequencies within a population, does not presuppose the relevant concept of organism. I then explore an alternative view of evolution that has emerged in the past twenty years from advances in evolutionary developmental biology. I argue that this so called ‘evo-devo’ approach makes room for an explanatory concept of organism that can be reconciled with the neo-Aristotelian view. Moreover, I argue that although the explanatory role of the concept of organism in evolutionary biology is still contentious, the well-established role of this concept in developmental biology can be used to defend the biological commitments of neo-Aristotelian naturalism. (shrink)