The aim of this exploratory paper is to review an under-appreciated parallel between group agency and artificial intelligence. As both phenomena involve non-human goal-directed agents that can make a difference to the social world, they raise some similar moral and regulatory challenges, which require us to rethink some of our anthropocentric moral assumptions. Are humans always responsible for those entities’ actions, or could the entities bear responsibility themselves? Could the entities engage in normative reasoning? Could they even have rights (...) and a moral status? I will tentatively defend the (increasingly widely held) view that, under certain conditions, artificial intelligent systems, like corporate entities, might qualify as responsible moral agents and as holders of limited rights and legal personhood. I will further suggest that regulators should permit the use of autonomous artificial systems in high-stakes settings only if they are engineered to function as moral (not just intentional) agents and/or there is some liability-transfer arrangement in place. I will finally raise the possibility that if artificial systems ever became phenomenally conscious, there might be a case for extending a stronger moral status to them, but argue that, as of now, this remains very hypothetical. (shrink)

According to the Market Failures Approach to business ethics, beyond-compliance duties can be derived by employing the same rationale and arguments that justify state regulation of economic conduct. Very roughly the idea is that managers have a duty to behave as if they were complying with an ideal regulatory regime ensuring Pareto-optimal market outcomes. Proponents of the approach argue that managers have a professional duty not to undermine the institutional setting that defines their role, namely the competitive market. This (...) answer is inadequate, however, for it is the hierarchical firm, rather than the competitive market, that defines the role of corporate managers and shapes their professional obligations. Thus, if the obligations that the market failures approach generates are to apply to managers, they must do so in an indirect way. I suggest that the obligations the market failures approach generates directly apply to shareholders. Managers, in turn, inherit these obligations as part of their duties as loyal agents. (shrink)

The primary responsibility of the US Food and Drug Administration is to protect public health by ensuring the safety of the food supply. To that end, it sometimes conducts risk assessments of novel food products, such as genetically modified food. The FDA describes its regulatory review of GM food as a purely scientific activity, untainted by any normative considerations. This paper provides evidence that the regulatory agency is not justified in making that claim. It is argued that the (...) FDA’s policy stance on GM food is shaped by neoliberal considerations. The agency’s review of a genetically engineered animal, the AquAdvantage salmon, is used as a case study to track the influence of neoliberalism on its regulatory review protocol. After that, an epistemic argument justifying public engagement in the risk assessment of new GM food is outlined. It is because risk evaluations involve normative judgments, in a democracy, layperson representatives of informal epistemic communities that could be affected by a new GM food should have the opportunity to decide the ethical, political or other normative questions that arise during the regulatory review of that entity. (shrink)

Current technology and surveillance practices make behaviors traceable to persons in unprecedented ways. This causes a loss of anonymity and of many privacy measures relied on in the past. These de facto privacy losses are by many seen as problematic for individual psychology, intimate relations and democratic practices such as free speech and free assembly. I share most of these concerns but propose that an even more fundamental problem might be that our very ability to act as autonomous and purposive (...) agents relies on some degree of privacy, perhaps particularly as we act in public and semi-public spaces. I suggest that basic issues concerning action choices have been left largely unexplored, due to a series of problematic theoretical assumptions at the heart of privacy debates. One such assumption has to do with the influential conceptualization of privacy as pertaining to personal intimate facts belonging to a private sphere as opposed to a public sphere of public facts. As Helen Nissenbaum has pointed out, the notion of privacy in public sounds almost like an oxymoron given this traditional private-public dichotomy. I discuss her important attempt to defend privacy in public through her concept of ‘contextual integrity.’ Context is crucial, but Nissenbaum’s descriptive notion of existing norms seems to fall short of a solution. I here agree with Joel Reidenberg’s recent worries regarding any approach that relies on ‘reasonable expectations’ . The problem is that in many current contexts we have no such expectations. Our contexts have already lost their integrity, so to speak. By way of a functional and more biologically inspired account, I analyze the relational and contextual dynamics of both privacy needs and harms. Through an understanding of action choice as situated and options and capabilities as relational, a more consequence-oriented notion of privacy begins to appear. I suggest that privacy needs, harms and protections are relational. Privacy might have less to do with seclusion and absolute transactional control than hitherto thought. It might instead hinge on capacities to limit the social consequences of our actions through knowing and shaping our perceptible agency and social contexts of action. To act with intent we generally need the ability to conceal during exposure. If this analysis is correct then relational privacy is an important condition for autonomic purposive and responsible agency—particularly in public space. Overall, this chapter offers a first stab at a reconceptualization of our privacy needs as relational to contexts of action. In terms of ‘rights to privacy’ this means that we should expand our view from the regulation and protection of the information of individuals to questions of the kind of contexts we are creating. I am here particularly interested in what I call ‘unbounded contexts’, i.e. cases of context collapses, hidden audiences and even unknowable future agents. (shrink)

This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation (...) and extensive interviews with individuals drawn from government, agencies, and other parties, including counsel for public interest groups. This enables author, writing from her experience as a participant-observer embedded in the public interest legal sector, to draw on the experiences and perspectives of a broad range of participants in the regulatory process, including but not limited to those dealing with the regulated energy, transportation, communications, and foreign investment sectors. Legal principles identified as emergent in leading judicial decisions in administrative law are used to assess the powers and practices used in executive reviews and appeals. The author finds those powers and practices to be flawed and proposes changes. The proposed models are designed to accord with emerging legal principles and avoid flaws of the types identified in the review and appeal provisions. This work, written under contract with the Administrative Law Project of the Law Reform Commission of Canada, formed one part of a comprehensive study of administrative law at the federal level in Canada. (shrink)

In recent years, genetically engineered (GE) mosquitoes have been proposed as a public health measure against the high incidence of mosquito-borne diseases among the poor in regions of the global South. While uncertainties as well as risks for humans and ecosystems are entailed by the open-release of GE mosquitoes, a powerful global health governance non-state organization is funding the development of and advocating the use of those bio-technologies as public health tools. In August 2016, the US Food and Drug Agency (...) (FDA) approved the uncaged field trial of a GE Aedes aegypti mosquito in Key Haven, Florida. The FDA’s decision was based on its assessment of the risks of the proposed experimental public health research project. The FDA is considered a global regulatory standard setter. So, its approval of the uncaged field trial could be used by proponents of GE mosquitoes to urge countries in the global South to permit the use of those bio-technologies. -/- From a public health ethics perspective, this paper evaluates the FDA’s 2016 risk assessment of the proposed uncaged field trial of the GE mosquito to determine whether it qualified as a realistic risk evaluation. -/- The FDA’s risk assessment of the proposed uncaged field trial did not proximate the conditions under which the GE mosquitoes would be used in regions of the global South where there is a high prevalence of mosquito-borne diseases. -/- Given that health and disease have political-economic determinants, whether a risk assessment of a product is realistic or not particularly matters with respect to interventions meant for public health problems that disproportionately impact socio-economically marginalized populations. If ineffective public health interventions are adopted based on risk evaluations that do not closely mirror the conditions under which those products would actually be used, there could be public health and ethical costs for those populations. (shrink)

This paper argues that regulatory agencies have a responsibility to further the public interest when they determine the conditions under which new technological products may be commercialized. As a case study, this paper analyzes the US 9th Circuit Court’s ruling on the efforts of the US Environmental Protection Agency to regulate an herbicide meant for use with seed that are genetically modified to be tolerant of the chemical. Using that case, it is argued that when regulatory (...) class='Hi'>agencies evaluate new technological products, they have an obligation to draw on data, analyses, and evaluations from a variety of credible epistemic sources, and not rely solely or even primarily on the technology developer. Otherwise, they create conditions for their own domination and that of the polity by the technology developer. Moreover, in the interest of advancing the public interest, regulatory agencies must evaluate new technologies in a substantively and procedurally unbiased manner. (shrink)

Pharmaceutical paternalism is the normative stance upheld by pharmaceutical regulatory agencies like the US Food and Drug Administration. These agencies prevent patients from accessing treatments declared safe and ineffective for the patient’s good without their consent. Libertarian critics of the FDA have shown a number of significant flaws in regulatory paternalism. Against these objections, I will argue that, in order to make an informed decision about treatments, a libertarian patient should request full disclosure of the uncertainty (...) about an experimental treatment. But pharmaceutical markets, on their own, are not a reliable source of information about such uncertainty. And companies have the power to capture any independent expert who may assess it. Therefore, the libertarian is better off deferring on an independent regulatory body the assessment of the pharmaceutical risks, constraining access to treatments until tested. (shrink)

Genetically engineered (GE) insects, such as the GE OX513A Aedes aegypti mosquitoes, have been designed to suppress their wild-type populations so as to reduce the transmission of vector-borne diseases in humans. Apart from the ecological and epidemiological uncertainties associated with this approach, such biotechnological approaches may be used by individual governments or the global community of nations to avoid addressing the underlying structural, systemic causes of those infections... We discuss here key ethical questions raised by the use of GE mosquitoes, (...) with the aim of fostering discussion between the public, researchers, policy makers, healthcare organizations, and regulatory agencies at the local, national, and international levels. We affect that goal by outlining a procedural approach to decision-making about the use of the “biotechnology” that goes beyond “community engagement.” The protocol we advocate for entails informed deliberations and decision-making at the community level. It is designed to ensure that the voices of the marginalized and vulnerable groups that would be disproportionately affected by the decision are heard during the community-wide discussions. Moreover, we make the case that the values embedded in the risk assessment should be identified so that the community can make an informed decision about the use of GE insects. In addition, we advocate for the involvement of a variety of actors whose responsibility would be to ensure that the community has the opportunity to make an informed decision based on deliberations about the use of the “biotechnology.”. (shrink)

The main argument of this paper is that the legal regulation of lobbying is an important factor for disciplining/curbing the undue (illicit) influence of different interest groups on the political-making process, especially in countries with post-communist and nonconsolidated democracies such as Albania. In three decades of political and economic transition from a one-party communist system to a democratic one and towards a market economy, the democratization of Albania has faced various problems, which have often led to a loss of public (...) confidence in the political class and apathy of citizens towards the political system. In many cases, this has come as a result of the perception or even the disclosure by the media and the public of corruption scandals, political clientelism, or undue influences in the decision-making processes in Albania. Surely, it can be said that political scandals of trading or exercising illicit influences on public officials can affect, as numerous cases have shown, every democratic political system in the world. However, they are more likely to occur in new democracies (post-communist) countries that face weak state structures and a legal environment that is not yet well consolidated and where a culture of informality exists alongside written rules and laws. For this purpose, that of disciplining and controlling the influences that specific interests exert on the decision-making process of governments, legislatures, or other regulatory agencies, a good part of European countries have considered undertaking legal regulatory initiatives for lobbying activity in their environments. (shrink)

According to a standard picture of agency, a person’s actions always reflect what they most desire, and many theorists extend this model to mental illness. In this chapter, I pin down exactly where this “volitional” view goes wrong. The key is to recognize that human motivational architecture involves a regulatory control structure: we have both spontaneous states (e.g., automatically-elicited thoughts and action tendencies, etc.) as well as regulatory mechanisms that allow us to suppress or modulate these spontaneous states. (...) Our regulatory abilities, however, are bounded. Mental illnesses, I argue, arise precisely where these bounds are reached, thus allowing inappropriate spontaneous states to regularly manifest in thought and action. I conclude that the volitional view of mental illness is wrong: when a person with mental illness reaches the limits of control, what they do often does not reflect what they most prefer. (shrink)

Researchers often claim that self-control is a skill. It is also often stated that self-control exertions are intentional actions. However, no account has yet been proposed of the skillful agency that makes self-control exertion possible, so our understanding of self-control remains incomplete. Here I propose the skill model of self-control, which accounts for skillful agency by tackling the guidance problem: how can agents transform their abstract and coarse-grained intentions into the highly context-sensitive, fine-grained control processes required to select, revise and (...) correct strategies during self-control exertion? The skill model borrows conceptual tools from ‘hierarchical models’ recently developed in the context of motor skills, and asserts that self-control crucially involves the ability to manage the implementation and monitoring of regulatory strategies as the self-control exercise unfolds. Skilled agents are able do this by means of flexible practical reasoning: a fast, context-sensitive type of deliberation that incorporates non-propositional representations into the formation and revision of the mixed-format intentions that structure self-control exertion. The literatures on implementation intentions and motivation framing offer corroborating evidence for the theory. As a surprising result, the skill of self-control that allows agents to overcome the contrary motivations they experience is self-effacing: instead of continuously honing this skill, expert agents replace it with a different one, which minimizes or prevents contrary motivations from arising in the first place. Thus, the more expert you are at self-control, the less likely you are to use it. (shrink)

Theorists and activists favor empowering government agencies to regulate technology; but an examination of such regulation by the US government exposes the inadequacy of any such regimen. Vested interests routinely interfere, e.g., keeping administration of polio vaccine in the hands of physicians, political infighting with regard to cancer research funding, advantages gained from noncompliance with military technology-constraining treaties. Public/private salary differences limit availability of the best talents for government positions, nor are truly appropriate regulatory policies easily arrived at (...) in the absence of meaningful funding. Solutions such as a Science Court are unreliable given the influences that would undermine neutrality as well as competence. (shrink)

Since the International Agency on Cancer Research’s monograph found glyphosate to be a likely carcinogen, the regulatory focus on the chemical has centred on this determinative criterion for regulatory action. Yet, other pertinent factors, such as the effects of glyphosate on fresh and ground water and ensuing effects on biodiversity, have received less attention as legitimate rationales for regulating the chemical. This underrepresentation prevents a wider policy discussion on the environmental and human health effects of the chemical and (...) fails to disrupt assumptions of path-dependently continuing on agriculture’s chemical treadmill. To avoid ad hoc post hoc chemical regulation, we assess four areas of chemical regulatory oversight in Europe with regard to glyphosate affecting water: (1) the undue emphasis on in laboratorio versus in situ testing; (2) assessing single chemicals (isolated glyphosate) versus admixtures (glyphosate plus surfactants and adjuvants) that are used in practice; (3) the tendency to downplay harms to non-human life; and (4) the lack of policy coherence in the existing regulatory framework. Focusing on European Union regulation of pesticide and water policy affecting aquatic environments, we conclude that issues of measurement and priority have become highly politicised in both science and policy, requiring preventative, precautionary frameworks utilising plural forms of measurement. (shrink)

The weaponizing of scientific expertise to oppose regulation has been extensively studied. However, the relevant studies, belonging to the emerging discipline of agnotology, remain focused on the analysis of empirical corruption: of misinformation, doubt mongering, and other practices that cynically deploy expertise to render audiences ignorant of empirical facts. This paper explores the wrongful deployment of expertise beyond empirical corruption. To do so, I develop a broader framework of morally subversive expertise, building on recent work in political philosophy (Howard, 2016). (...) Expertise is subversive if it sets up its audience to fail morally, either intentionally or negligently. I distinguish three modes of subversive expertise: empirical subversion (the focus of agnotology), normative subversion and motivational subversion. Drawing on these distinctions, I offer a revisionary account of the Trump Administration’s regulatory science as a case study. I show that the Trump Administration’s use of expertise to dismantle climate regulation, contra the standard charge, cannot be explained using the resources of agnotology alone: the Administration produced highly reliable climate assessments, detailing the risks of climate change, candidly admitting the harms of its proposed policies, and still successfully deployed these findings to justify massive climate deregulation. The lesson of the analysis is that dismissing the expertise that underpins climate deregulation as empirically corrupt ‘anti-science’ both obscures its actual role in the politics of climate change and understates its wrongfulness: it misses the breadth of the assault on moral agency that sustains climate injustice. (shrink)

What can contemporary machine learning (ML) models do? Given the proliferation of ML models in society, answering this question matters to a variety of stakeholders, both public and private. The evaluation of models' capabilities is rapidly emerging as a key subfield of modern ML, buoyed by regulatory attention and government grants. Despite this, the notion of an ML model possessing a capability has not been interrogated: what are we saying when we say that a model is able to do (...) something? And what sorts of evidence bear upon this question? -/- In this paper, we aim to answer these questions, using the capabilities of large language models (LLMs) as a running example. Drawing on the large philosophical literature on abilities, we develop an account of ML models' capabilities which can be usefully applied to the nascent science of model evaluation. Our core proposal is a conditional analysis of model abilities (CAMA): crudely, a machine learning model has a capability to X just when it would reliably succeed at doing X if it 'tried'. The main contribution of the paper is making this proposal precise in the context of ML, resulting in an operationalisation of CAMA applicable to LLMs. We then put CAMA to work, showing that it can help make sense of various features of ML model evaluation practice, as well as suggest procedures for performing fair inter-model comparisons. (shrink)

New discoveries are improving the odds of human cells surviving in host animals, prompting regulatory and funding agencies to issue calls for additional layers of ethical oversight for certain types of human–animal chimeras. Of interest are research proposals involving chimeric animals with humanized brains. But what is motivating the demand for additional oversight? I locate two, not obviously compatible, motivations, each of which provides the justificatory basis for paying special attention to different sets of human–animal chimeras. Surprisingly, the (...) sets of animals that actually get flagged for special scrutiny by research and funding guidelines do not correlate with either of the sets of animals that arise when we think about what is motivating additional oversight. What this shows is that existing research policies and funding guidelines are disconnected from their motivation: the rationale for flagging certain types of human–animal chimeras as requiring special oversight is ignored in execution. (shrink)

Nanotechnology, as with many technologies before it, places a strain on existing legislation and poses a challenge to all administrative agencies tasked with regulating technology-based products. It is easy to see how statutory schemes become outdated, as our ability to understand and affect the world progresses. In this article, we address the regulatory problems that nanotechnology posses for the Food and Drug Administration’s (FDA) classification structure for ‘‘drugs’’ and ‘‘devices.’’ The last major modification to these terms was in (...) 1976, with the enactment of the Medical Device Amendments. There are serious practical differences for a classification as a drug or device in terms of time to market and research. Drugs are classified, primarily, as acting by ‘‘chemical action.’’ We lay out some legal, philosophic, and scientific tools that serve to provide a useful, as well as legally and scientifically faithful, distinction between drugs and devices for the purpose of regulatory classification. These issues we raise are worth the consideration of anyone who is interested in the regulation of nano-products or other novel technologies. (shrink)

Abstract: This study tries to establish the microfinance and financial inclusion nexus in Nigeria from 1981 to 2017. The Augmented Dickey-Fuller (ADF) test, co-integration test and Error Correction Model (ECM), as well as diagnostics and stability test were employed in the analysis. The research findings revealed that microfinance has positive significant effect on financial inclusion in Nigeria in the short–run and long–run. This finding is in line CBN objectives for the establishment of microfinance banks. The effect of lending interest rate (...) has a positive but has no significant with financial inclusion in the model one while it is statistically significant with poverty in Nigeria in the mode two. The positive lending interest rate has a statistically significant effect on the level of financial inclusion and national poverty index used as a proxy for poverty rate in the long run in the models. Also, the research also found that microfinance has really a tool to fight against poverty in Nigeria in the short-run, while it’s not really a tool to fight against poverty in the long-run in Nigeria. It was therefore recommended that Government agency and regulatory authority policies and practices need to play a key role in making micro-credit available to the economically-active poor people who are not being served by the formal financial sector. Also, apart from monitoring lending interest rates, the government needs to establish frameworks to prevent undercapitalization, fraudulent practices, and unwarranted interference from bank board members in Nigeria. (shrink)

The presumptions underlying quantum mechanics make it relevant to a limited range of situations only; furthermore, its statistical character means that it provides no answers to the question ‘what is really going on?’. Following Barad, I hypothesise that the underlying mechanics has parallels with human activities, as used by Barad to account for the way quantum measurements introduce definiteness into previously indefinite situations. We are led to consider a subtle type of order, different from those commonly encountered in the discipline (...) of physics, and yet comprehensible in terms of concepts considered by Barad and Yardley such as oppositional dynamics or ‘intra-actions’. The emergent organisation implies that nature is no longer fundamentally meaningless. Agencies can be viewed as dynamical systems, so we are dealing with models involving interacting dynamical systems. The ‘congealing of agencies’ to which Barad refers can be equated to the presence of regulatory mechanisms restricting the range of possibilities open to the agencies concerned. (shrink)

The concept of Sustainable Public Procurement (SPP) has attracted the interests of academics, practitioners, policymakers and the media recently. The interest can be attributed to the strategic role of purchasing and supply chain as a lever for sustainable development. Despite the enormous amount of funds spent on public procurements in South Africa annually, tender irregularities, corrupt practices, non-compliance and lack of knowledge, casts doubts on its role in fostering sustainable development. An in-depth literature review on SPP implementation was adopted to (...) analyse the manner in which sustainability could be realised through regulation, implementation and monitoring compliance of relevant environmental policy instruments. This approach is used to determine how due consideration of sustainable procurement has been used as a tool to enhance social, economic and environmental sustainability. This article notes that in many developed and developing countries, the dare need of technical and management competence, cultural assimilation, high costs of funding sustainable procurement projects and transparency on the part of managers among others are sighted as factors plaguing the growth of sustainable procurement practices in most institutions. Further, this paper puts forth the argument that implementation of sustainable procurement policies alone, will not necessarily help in the achievement of the developmental objectives, but due consideration should be given to capacity building and collaboration with relevant units of government, whilst also integrating social and economic policies, into the formulation of tender documents and selection of suppliers. This paper posits that to overcome these challenges faced by South Africa, it is important that all stakeholders including the government, researchers and other agencies should construct a synergy capable of addressing salient issues for progressive sustainable procurement policies and actions, through the incorporation of sustainable procurement practices into the mainstream of both the public and private organisations through relevant legislations, policies and regulatory frameworks. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

Local participation is always beneficial for sustainable action and environmental problems resulting from urban implementation due to the failure of social and institutional change necessary for a successful transformation of rural life to urban life ahead of the rapid movement of the population. Despite good legal practice and comprehensive guidelines, evidence suggests that Environmental Impact Assessment (EIA) or more broadly Environmental, Social and Health Impact Assessment (ESHIA) have not yet been found satisfactory in Nigeria, as the current system amounts to (...) duplication of efforts and cost. However, ESHIA has been developed and integrated to help manage project activities, facilities, and operations sustainably, so that both economic and ecological profits are accrued (sustainable development) or ensure that any development project does not result in excessive deterioration of and/or the irreversible adverse effect on any component of the environment – a recite for sustainable development. A literature review was done by using a variety of search engines including Research Gate, Google Scholar, Academia, Mendeley, SSRN search strategy to retrieve research publications, “grey literature” and expert working group reports. The thrust of this study is to evaluate the potential benefits of ESHIA as a tool for sustainable environmental development. The evaluation and implementation of EIA are one of the strengths of these tools. Indeed, EIA is the first and foremost management tool employed to help mitigate adverse, potential, and associated impacts of proposed major developments in our environment. EIA is a regulatory requirement that is efficiently used to improve performance, project design, enhancing decision-making, and facilitating policy programs in a sustainable environment. An evaluation of the EIA systems reveals several weaknesses of the EIA system. These include the inadequate capacity of EIA approval authorities, deficiencies in screening and scoping, poor EIA quality, insufficient public participation, and weak monitoring, and erratic government policies. Overall, most EIA study rarely meets the objectives of being a project planning tool to contribute to achieving sustainable development and mitigate the impact of the development project. The study recommends some directions for the future to ensure that entire content of the EIA are religiously implemented, review the existing EIA act, increase the expertise of EIA consultants, create a liaison office with an international organisation and with sister agency, ESHIA must enjoy Improved budgetary provision, time latitude, spatial contexts and methodological improvements for outcome measures to achieve results that are relevant to sustainable development by improving project design, enhancing decision making and facilitating policy programs. (shrink)

Philosophers have urged that considerations about the psychopath’s capacity for practical rationality can help to advance metaethical debates. These debates include the role of rational faculties in moral judgment and action, the relationship between moral judgment and moral motivation, and the capacities required for morally responsible agency. I discuss how the psychopath’s capacity for practical reason features in these debates, and I identify several takeaway lessons from the relevant literature. Specifically, I show how the insights contained therein can illuminate the (...) complex structure of practical rationality, inform our standards for an adequate theory of practical reason, and frame our thinking about the significance of rational capacities in moral theory and social practice. (shrink)

Schönau et al. (2021) identified four dimensions of agency (authenticity, privacy, self–trust, and responsibility) that may be influenced by the use of neurotechnologies, such as deep brain stimulation (DBS) or brain–computer–interfaces (BCI). The Agency Map they proposed depicts the role of each dimension, and indicates how they may interact. The authors emphasize that a strength of their approach is that it allows to capture the agency dimensions that were previously seen as disconnected and independent as intricately interwoven parts of the (...) person’s experience. This intended unification may help to understand personal agency more fully in various contexts important in neuroethical considerations. However, what is missing in Schönau et al.’s analysis is the mechanism—the very link— by which these various dimensions can come together. As Zawadzki (2020) points out discussing his account of the self (PTS–moral aspects)—which also includes the agency dimensions indicated by Schönau et al. (both authenticity, and responsibility, but also autonomy)—what is crucial in order to unify these various dimensions is narrative. (shrink)

The discussion of collective agency involves the reduction problem of the concept of a collective. Individualism and Cartesian internalism have long restricted orthodox theories and made them face the tension between an irreducible concept of a collective and ontological reductionism. Heterodox theories as functionalism and interpretationism reinterpret the concept of agency and accept it as realized on the level of a collective. In order to adequately explain social phenomena that have relations as their essence, in this paper we propose a (...) relational, holistic account of collective agency and argue that functionalism and interpretationism can be integrated into such an account. (shrink)

There are many alleged problems with trusting another person’s moral testimony, perhaps the most prominent of which is that it fails to deliver moral understanding. Without moral understanding, one cannot do the right thing for the right reason, and so acting on trusted moral testimony lacks moral worth. This chapter, however, argues that moral advice differs from moral testimony, differs from it in a way that enables a defender of moral advice to parry this worry about moral worth. The basic (...) idea is that an advisor and an advisee can together constitute a joint agent, and that this joint agent’s action can indeed have moral worth. So while the advisee himself might not do the right thing for the right reason (this because all alone he lacks the right reason), and while the advisor herself might not do the right thing for the right reason (this because all alone she does not do the right thing), they together do the right for the right reason. (shrink)

The concept of agency is of crucial importance in cognitive science and artificial intelligence, and it is often used as an intuitive and rather uncontroversial term, in contrast to more abstract and theoretically heavy-weighted terms like “intentionality”, “rationality” or “mind”. However, most of the available definitions of agency are either too loose or unspecific to allow for a progressive scientific program. They implicitly and unproblematically assume the features that characterize agents, thus obscuring the full potential and challenge of modeling agency. (...) We identify three conditions that a system must meet in order to be considered as a genuine agent: a) a system must define its own individuality, b) it must be the active source of activity in its environment (interactionalasymmetry) and c) it must regulate this activity in relation to certain norms (normativity). We find that even minimal forms of proto-celular systems can already provide a paradigmatic example of genuine agency. By abstracting away some specific details of minimal models of living agency we define the kind of organization that is capable to meet the required conditions for agency (which is not restricted to living organisms). On this basis, we define agency as an autonomous organization that adaptively regulates its coupling with its environment and contributes to sustaining itself as a consequence. We find that spatiality and temporality are the two fundamental domains in which agency spans at different scales. We conclude by giving an outlook to the road that lies ahead in the pursuit to understand, model and synthesis agents. (shrink)

Games occupy a unique and valuable place in our lives. Game designers do not simply create worlds; they design temporary selves. Game designers set what our motivations are in the game and what our abilities will be. Thus: games are the art form of agency. By working in the artistic medium of agency, games can offer a distinctive aesthetic value. They support aesthetic experiences of deciding and doing. -/- And the fact that we play games shows something remarkable about us. (...) Our agency is more fluid than we might have thought. In playing a game, we take on temporary ends; we submerge ourselves temporarily in an alternate agency. Games turn out to be a vessel for communicating different modes of agency, for writing them down and storing them. Games create an archive of agencies. And playing games is how we familiarize ourselves with different modes of agency, which helps us develop our capacity to fluidly change our own style of agency. (shrink)

Do participants in shared activity have mutual obligations to do their bit? This article shows this question has no one-size-fits-all answer and offers a pluralist account of the normativity of shared agency. The first part argues obligations to do one's bit have three degrees of involvement in shared activity. Such obligations might, obviously, bolster co-participants’ resolve to act as planned (degree 1). Less obviously, there also are higher and lower degrees of involvement. Obligations to do one's bit might provide our (...) agency-pooling mechanism. When they do, we act together by virtue of satisfying them (degree 2). Conversely, some shared activities involve no obligation (degree 0). In the second part, I argue shared agency theory is best served by a non-moralistic conception of obligation, one on which co-participants’ obligations need be neither strict-performance obligations, nor directed ones. Overall, my arguments suggest that we can choose how to coordinate normatively our shared activities. (shrink)

Throughout her work, Audre Lorde maintains that her self-preservation in the face of oppression depends on acting from the recognition and valorization of her feelings as a deep source of knowledge. This claim, taken as a portrayal of agency, poses challenges to standard positions in ethics, epistemology, and moral psychology. This article examines the oppositional agency articulated by Lorde’s thought, locating feeling, poetry, and the power she calls “the erotic” within her avowed project of self-preservation. It then explores the implications (...) of taking seriously Lorde’s account, particularly for theorists examining ethics and epistemology under nonideal social conditions. For situations of sexual intimacy, for example, Lorde’s account unsettles prevailing assumptions about the role of consent in responsibility between sexual partners. I argue that obligations to solicit consent and respect refusal are not sufficient to acknowledge the value of agency in intimate encounters when agency is oppositional in the way Lorde describes. (shrink)

Explaining agency is a significant challenge for those who are interested in the sciences of the mind, and non-representationalists are no exception to this. Even though both ecological psychologists and enactivists agree that agency is to be explained by focusing on the relation between the organism and the environment, they have approached it by focusing on different aspects of the organism-environment relation. In this paper, I offer a suggestion for a radical embodied account of agency that combines ecological psychology with (...) recent trends in enactive cognitive science. According to this proposal, while enactivism focuses primarily on describing how our acquired sensorimotor schemes and habits mutually equilibrate, affecting our tendency to act upon some affordances instead of others, ecological psychology focuses on studying how perceptual information contributes to the actualization of the sensorimotor schemes and habits without mediating representations, inferences, and computations. The paper concludes by briefly exploring how this ecological-enactive theory of agency can account for how socio-cultural norms shape human agency. (shrink)

Constitutivists believe that we can derive universally and unconditionally authoritative norms from the conditions of agency. Thus if c is a condition of agency, then you ought to live in conformity with c no matter what your particular ends, projects, or station. Much has been said about the validity of the inference, but that’s not my topic here. I want to assume it is valid and talk about what I take to be the highest ambition of constitutivism: the prospect of (...) grounding moral requirements in the conditions of agency. If this can be done, then we can show that everyone is bound by the demands of morality, and we can do so without the customary entanglements—queer normative entities, an implausibly powerful moral sense, or divine lawgivers. (shrink)

In both popular and scholarly discussions, sexual consent is gaining traction as the central moral consideration in how people should treat one another in sexual encounters. However, while the concept of consent has been indispensable to oppose many forms of sexual violence, consent-based sexual ethics struggle to account for the phenomenological complexity of sexual intimacy and the social and structural pressures that often surround sexual communication and behavior. Feminist structural critique and social research on the prevalence of violation even within (...) consensual sex suggest that consent is insufficient to ground responsibility; a more fundamental orientation toward the value of sexual agency provides a better foundation for sexual ethics. Using feminist critical theory, phenomenology, and black feminist thought, this dissertation develops a socially situated and relational notion of sexual agency and diagnoses how such agency is neglected in prevailing discussions of consent in moral philosophy and legal theory. I argue that the ethical question of responsibility to another in a sexual encounter—apart from juridical considerations—should be reframed around the value of each person’s socially situated practices of agency. Preceding and extending beyond the obligation to gain valid consent for an action, responsibility demands adapting one’s intentions and behaviors in response to the wider range of another’s communicative expressions of agency. However, communicative expressions can be ambiguous or overdetermined by social context and cultural norms; they often offer only provisional traces of agency. To address this inherent uncertainty in intimacy, I propose drawing on insights from Emmanuel Levinas about the dynamic, open-ended nature of relationality, responsibility, and communication. Responsibility toward another does not depend on securing certainty about their “yes” or “no,” but requires responding continuously under conditions of uncertainty and ambiguity, adapting behaviors and intentions to make room for another’s agency despite its opacity. (shrink)

The causal theory of action has been the standard view in the philosophy of action and mind. In this chapter, I will present responses to two challenges to the theory. The first says, basically, that there is no positive argument in favour of the causal theory, as the only reason that supports it consists in the apparent lack of tenable alternatives. The second challenge says that the theory fails to capture the phenomenon of agency, as it reduces activity to mere (...) happenings (events and event-causal processes). This is often referred to as the problem of "disappearing agency". My main aim is to show that there is no problem of disappearing agency, and we will see that my response to the first challenge will be conducive to this end. I will present a positive argument for the causal theory on the basis of considerations concerning the metaphysics of agency, and I will suggest that we "own" the agency that springs from our mental states and events "by default". (shrink)

What is it to be an agent? One influential line of thought, endorsed by G. E. M. Anscombe and David Velleman, among others, holds that agency depends on practical rationality—the ability to act for reasons, rather than being merely moved by causes. Over the past 25 years, Velleman has argued compellingly for a distinctive view of agency and the practical rationality with which he associates it. On Velleman’s conception, being an agent consists in having the capacity to be motivated by (...) a drive to act for reasons. Your bodily movements qualify as genuine actions insofar as they are motivated in part by your desire to behave in a way that makes sense to yourself. However, there are at least two distinct ways of spelling out what this drive towards self-intelligibility consists in, both present in Velleman’s work. It might consist in a drive towards intelligibility in causal-psychological terms: roughly, a drive to maximize the rational coherence of your psychological states. Alternatively, it might consist in a drive towards narrative intelligibility: a drive to make your ongoing activity conform to a recognizable narrative structure, where that structure is understood emotionally. Velleman originally saw these options as basically equivalent, but later came to prioritize the drive towards causal-psychological intelligibility over that towards narrative intelligibility. I argue that this gets things the wrong way round—we should instead understand our capacities to render ourselves intelligible in causal-psychological terms as built upon a bedrock of emotionally suffused narrative understanding. In doing so, we resolve several problems for Velleman’s view, and pave the way for an embodied, embedded and affective account of practical rationality and agency. According to the picture that emerges, practical rationality is essential to agency, narrative understanding is essential to practical rationality, and the rhythms and structures patterning the ebb and flow of our emotional lives are essential to narrative understanding. (shrink)

The standard event-causal theory of action says that an intentional action is caused in the right way by the right mental states. This view requires reductionism about agency. The causal role of the agent must be nothing over and above the causal contribution of the relevant mental event-causal processes. But commonsense finds this reductive solution to the “agent-mind problem”, the problem of explaining the relationship between agents and the mind, incredible. Where did the agent go? This paper suggests that this (...) challenge against event-causal reductionism is importantly related to debates about fundamentality. It also suggests that extant event-causal answers to the agent-mind problem, ones that suggest that part of an agent’s mind can stand proxy for the agent herself, fail against the challenge. It sketches an alternative reductive view that appeals to entity grounding. This view resolves the commonsense challenge and promises to be theoretically fruitful with respect to other longstanding problems with the event-casual view. The paper concludes with a burden-shifting argument against emergentist agent-causal theories and non-reductive event-causal theories of agency. (shrink)

Schiller says that “it is only through beauty that man makes his way to freedom.” Here I attempt to defend a claim in the same spirit as Schiller’s but by different means. My thesis is that a person’s autonomous agency depends on their adopting an aesthetic identity. To act, we need to don contingent features of agency, things that structure our practical thought and explain what we do in very general terms but are neither universal nor necessary features of agency (...) as such. Without these things, the question of what to do for any individual would be underdetermined. The problem is that adopting such a contingent form of agency amounts to a restriction on what we can do, and so it is a prima facie threat to our autonomy. I will argue that one way, and indeed the only way, of meeting this challenge lies in aesthetic experience. Granting our capacity for aesthetic pleasure the authority to determine the particularities of our agency is compatible with autonomy because doing so means identifying with one’s capacity for pleasure in free and creative activity. Doing this allows us to be both particular sorts of agents and creatures regulated by the universalizing demands of reason. (shrink)

The present study examined relationships between chronic regulatory focus and motivation to improve upon academic outcomes in a sample of individuals varying in degree of hopelessness depression (HD) symptoms. Participants recalled a recent negative academic outcome, completed a measure of regulatory focus, reported their subsequent motivation to improve upon future academic outcomes, and then indicated whether their grades on examinations, assignments, and their GPAs had improved or worsened since the described outcome. Results indicate that degree of HD symptoms (...) positively relates to prevention focus and negatively relates to promotion focus, and the negative relationships between HD symptoms and both motivation and performance outcomes are mediated by (lack of) promotion focus. (shrink)

This chapter explains the mechanism of proxy agency whereby a group (or individual) acts through another authorized to represent it.

The leading reductive approaches to shared agency model that phenomenon in terms of complexes of individual intentions, understood as plan-laden commitments. Yet not all agents have such intentions, and non-planning agents such as small children and some non-human animals are clearly capable of sophisticated social interactions. But just how robust are their social capacities? Are non-planning agents capable of shared agency? Existing theories of shared agency have little to say about these important questions. I address this lacuna by developing a (...) reductive account of the social capacities of non-planning agents, which I argue supports the conclusion that they can enjoy shared agency. The resulting discussion offers a fine-grained account of the psychological capacities that can underlie shared agency, and produces a recipe for generating novel hypotheses concerning why some agents do not engage in shared agency. (shrink)

This chapter discusses the structure of our temporally extended agency. We do not have the power to act directly at a distance, so any of our temporally extended projects must be sustained over its temporal unfolding by momentary actions. We need both the capacity to organize these momentary steps in light of a synoptic overview of the extended activity as a whole and to sustain our motivation to continue to pursue the extended activity. Hence, the distinctive mode in which we (...) act over time is that of ’planning agency,’ which requires a form of temporal identification that goes beyond mere psychological continuity. I then discuss the differences in internal structure between merely continuous and integrated activities, and between telic and atelic ones. I provide a taxonomy of the different kinds of temporal goods and values and how these structures might bear on the risk of crisis of meaning in our temporal existence. I then touch briefly on the issue of how our mortality might make a difference to the structure of what we find valuable and how it relates to the temporal features of our agency. In the closing section, I discuss the effects of the moving temporal location of the agent (with her local executive powers) relative to her extended pursuits, including the asymmetries generated by the distinction between past and future stages of the activity and the moving horizon of what the agent can anticipate and (indirectly) control. (shrink)

Efforts by governments, firms, and patients to deliver pioneering drugs for critical health needs face a challenge of diminishing efficiency in developing those medicines. While multi-sectoral collaborations involving firms, researchers, patients, and policymakers are widely recognized as crucial for countering this decline, existing incentives to engage in drug development predominantly target drug manufacturers and thereby do little to stimulate collaborative innovation. In this mini review, we consider the unexplored potential within pharmaceutical regulations to create novel incentives to encourage a diverse (...) set of actors from the public and private spheres to engage in the kind of collaborative knowledge exchange requisite for fostering enhanced innovation in early drug development. (shrink)

This paper gives an account of proxy agency in the context of collective action. It takes the case of a group announcing something by way of a spokesperson as an illustration. In proxy agency, it seems that one person or subgroup's doing something counts as or constitutes or is recognized as (tantamount to) another person or group's doing something. Proxy agency is pervasive in institutional action. It has been taken to be a straightforward counterexample to an appealing deflationary view of (...) collective action as a matter of all members of a group making a contribution to bringing about some event. I show that this is a mistake. I give a deflationary account of constitutive rules in terms of essentially collective action types. I then give an account of one form of constitutive agency in terms of constitutive rules. I next give an account of status functions—of which being a spokesperson is one—that also draws on the concept of a constitutive rule. I then show how these materials help us to see how proxy agency is an expression of the agency of all members of the group credited with doing something when the proxy acts. (shrink)

When agents insert technological systems into their decision-making processes, they can obscure moral responsibility for the results. This can give rise to a distinct moral wrong, which we call “agency laundering.” At root, agency laundering involves obfuscating one’s moral responsibility by enlisting a technology or process to take some action and letting it forestall others from demanding an account for bad outcomes that result. We argue that the concept of agency laundering helps in understanding important moral problems in a number (...) of recent cases involving automated, or algorithmic, decision-systems. We apply our conception of agency laundering to a series of examples, including Facebook’s automated advertising suggestions, Uber’s driver interfaces, algorithmic evaluation of K-12 teachers, and risk assessment in criminal sentencing. We distinguish agency laundering from several other critiques of information technology, including the so-called “responsibility gap,” “bias laundering,” and masking. (shrink)

Some sharing economy firms have adopted a strategy of “regulatory entrepreneurship,” openly violating regulations with the aim of rendering them dead letters. This article argues that in a democracy, regulatory entrepreneurship is a presumptively unethical business strategy. In all but the most corrupt political environments, businesses that seek to change their regulatory environment should do so through the democratic political process, and they should do so without using illegal business practices to build a political constituency. To show (...) this, the article defends a qualified moral obligation for businesspeople to obey the law even in societies that fall short of ideal democracy and that are rife with economic injustice. Owners and managers of successful businesses have strong moral reasons to obey laws concerning resource allocation. Such laws include not only property law, but also tax laws, environmental regulations, and other laws that regulate businesses in competitive markets. The moral reasons to obey such laws apply even to laws that business leaders think unfair or inefficient, provided that the laws in question have reasonable, good faith defenders. (shrink)

People inhabit a vast and intricate social network nowadays. In addition to our own decisions and actions, we confront those of various groups every day. Collective decisions and actions are more complex and bewildering compared to those made by individuals. As members of a collective, we contribute to its decisions, but our contributions may not always align with the outcome. We may also find ourselves excluded from certain groups and passively subjected to their influences without being aware of the source. (...) We are used to being in overlapping groups and may switch identities, supporting or opposing the claims of particular groups. But rarely do we pause to think: What do we talk about when we talk about groups and their decisions? At the heart of this dissertation is the question of collective agency, i.e., in what sense can we treat a group as a rational agent capable of its action. There are two perspectives we take: a philosophical and logical one. The philosophical perspective mainly discusses the ontological and epistemological issues related to collective agency, sorts out the relevant philosophical history, and argues that the combination of a relational view of collective agency and a dispositional view of collective intentionality provides a rational and realistic account. The logical perspective is associated with formal theories of groups, it disregards the psychological content involved in the philosophical perspective, establishes a logical system that is sufficiently formal and objective, and axiomatizes the nature of a collective. The first topic that is addressed is the ontology of collective agency, i.e., the question what exactly is collective agency. The philosophical discussion of collective agency centres around the reduction problem of the concept of a collective. Individualism and Cartesian internalism have long influenced orthodox theories and made them face the choice between an irreducible concept of a collective and ontological reductionism. Heterodox theories such as functionalism and interpretationism reinterpret the concept of agency and accept it as also realized on the level of a collective. To adequately explain social phenomena that are essentially relational in nature, we propose a relational, holistic account of collective agency and argue that functionalism and interpretationism can be integrated into such an account. While acknowledging the irreducibility of the concept of a collective, we find that there is a deep incompatibility between the concept of a collective and the concept of intentionality as the mark of the mental. To explain how collective intentionality nevertheless is possible and why we tend to use it analogously to how we use the concept of individual intentionality, we explore a dispositional account of intentionality which enables us to give an account of the concept of intentionality at both the individual and collective level. Specifically, we subdivide the dispositional account into three aspects: behavioral, purely mental, and cognitive. We then argue that collective intentionality is real by analyzing different forms of attributive judgments of intentionality and by introducing the perspective of indispensable collective responsibility. We also analyze how philosophical theories about collective agency relate to central features of formal theories about collective decisions, such as game theory. Although the two fields are both concerned with collectives, there are also differences that need to be addressed. For example, game theory is clearly anti-psychologistic since its aim is a formal and objective analysis. However, from the relational and dispositional perspective, intentionality at the individual level and collective intentionality as we analyze it, inevitably involve mental content. In order to explain this difference and identify where the boundary is, we analyze the relationships between the three basic concepts involved, namely intentionality, preference, and dependency, so as to provide a unified picture of collective theory across philosophical and formal theories. After paving the nexus between philosophical and formal perspectives, the logical perspective becomes the theme of our discussion. To be able to express game theoretical concepts and to connect them to our philosophical perspective, We present a logic of preference and functional dependence and its hybrid extension, and provide an axiomatization which is sound and strongly complete. The decidability of this logic is also proved. Its application to modeling non-cooperative and cooperative games in strategic form is explored. The resulting framework provides a unified view of Nash equilibrium, Pareto optimality, and the core. The philosophical relevance of these game-theoretical notions to discussions of collective agency is made explicit. Finally, we conclude and clarify the position of our theory in the broader field of research on the topics addressed in the thesis. Also, we point out many new questions and directions suggested by our analysis, including philosophical and logical open problems. (shrink)

The cis-regulatory hypothesis is one of the most important claims of evolutionary developmental biology. In this paper I examine the theoretical argument for cis-regulatory evolution and its role within evolutionary theorizing. I show that, although the argument has some weaknesses, it acts as a useful example for the importance of current scientific debates for science education.

From a moral point of view we think of ourselves as capable of responsible actions. From a scientific point of view we think of ourselves as animals whose behaviour, however highly evolved, conforms to natural scientific laws. Natural Agency argues that these different perspectives can be reconciled, despite the scepticism of many philosophers who have argued that 'free will' is impossible under 'scientific determinism'. This scepticism is best overcome, according to the author, by defending a causal theory of action, that (...) is by establishing that actions are constituted by behavourial events with the appropriate kind of mental causal history. He sets out a rich and subtle argument for such a theory and defends it against its critics. Thus the book demonstrates the importance of philosophical work in action theory for the central metaphysical task of understanding our place in nature. (shrink)

Both liberals and feminists have long criticized the paternalistic approach to prostitution found in most jurisdictions in the U.S. In his recent book Prostitution and Liberalism, Peter de Marneffe defends just such an intervention, arguing that the demonstrated harmfulness of a life of prostitution justifies paternalistic policies aimed at reducing the number of women who are involved in it. Although de Marneffe does not endorse the prohibitionist approach typical in the U.S., he argues that the best reasons for alternative approaches (...) to the practice (including some forms of regulated legalization) are necessarily paternalistic. In my paper, I question de Marneffe’s contention that the strongest reasons for state intervention with regard to prostitution are paternalistic in nature. I argue that reasonable state action toward prostitution is best understood not as a paternalistic intervention to remedy some moral or epistemological failure on the part of prostitutes, but rather as an attempt to advance the interests of vulnerable parties more generally concerning what they reasonably desire but could not otherwise ensure. I further argue that such an approach might favor abolitionist over regulatory policies, depending upon how the vulnerable class is defined. (shrink)